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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study the Creation of
a National Museum of Irish American History''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the
Commission to study the potential creation of a National Museum
of Irish American History established by section 3(a).
(2) Museum.--The term ``Museum'' means the National Museum
of Irish American History.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment of Commission.--
(1) In general.--There is established the Commission to
study the potential creation of an Irish American Museum.
(2) Membership.--The Commission shall consist of 23 members
appointed not later than 6 months after the date of the
enactment of this Act as follows:
(A) The President shall appoint 7 voting members.
(B) The Speaker of the House of Representatives,
the Minority Leader of the House of Representatives,
the Majority Leader of the Senate, and the Minority
Leader of the Senate shall each appoint--
(i) 3 voting members; and
(ii) 1 nonvoting member.
(3) Qualifications.--Members of the Commission shall be
chosen from individuals, or representatives of institutions or
entities, who possess either--
(A) a demonstrated commitment to the research,
study, or promotion of Irish-American life, art,
history, political or economic status, or culture,
together with--
(i) expertise in museum administration;
(ii) expertise in fundraising for nonprofit
or cultural institutions;
(iii) experience in the study and teaching
of Irish-American culture and history at the
post-secondary level;
(iv) experience in studying the issue of
the Smithsonian Institution's representation of
Irish-American art, life, history, and culture;
or
(v) extensive experience in public or
elected service; or
(B) experience in the administration of, or the
planning for the establishment of, museums devoted to
the study and promotion of the role of ethnic, racial,
or cultural groups in American history.
(4) Vacancies.--A vacancy in the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(5) Chairperson.--The Commission shall, by majority vote of
all of the members, select 1 member of the Commission to serve
as the Chairperson of the Commission.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Reports.--
(1) Plan of action for the establishment and maintenance of
museum.--The Commission shall submit a report to the President
and the Congress containing its recommendations with respect to
a plan of action for the establishment and maintenance of an
Irish-American Museum in Washington, D.C.
(2) Report on issues.--The Commission shall examine, in
consultation with the Secretary of the Smithsonian Institution,
and submit a report to the President and the Congress on the
following issues:
(A) The availability and cost of collections to be
acquired and housed in the Museum.
(B) The impact of the Museum on regional Irish-
American-related museums.
(C) Possible locations for the Museum in
Washington, D.C. and its environs, to be considered in
consultation with the National Capital Planning
Commission and the Commission of Fine Arts, the
Department of the Interior, and Smithsonian
Institution.
(D) Whether the Museum should be located within the
Smithsonian Institution.
(E) The governance and organizational structure
from which the Museum should operate.
(F) How to engage the Irish-American community in
the development and design of the Museum.
(G) The cost of constructing, operating, and
maintaining the Museum.
(b) Fundraising Plan.--
(1) In general.--The Commission shall develop a fundraising
plan to support the establishment, operation, and maintenance
of the Museum through contributions from the public.
(2) Considerations.--In developing the fundraising plan
under paragraph (1), the Commission shall consider issues
relating to funding the operations and maintenance of the
Museum in perpetuity without reliance on appropriations of
Federal funds.
(c) Independent Review.--The Commission shall obtain an independent
review of the viability of the plan developed under subsection (b)(1)
and such review shall include an analysis as to whether the plan is
likely to achieve the level of resources necessary to fund the
construction of the Museum and the operations and maintenance of the
Museum in perpetuity without reliance on appropriations of Federal
funds.
(d) Submission.--The Commission shall submit the plan developed
under subsection (b)(1) and the review conducted under paragraph (3) to
the Committees on Transportation and Infrastructure, House
Administration, Natural Resources, and Appropriations of the House of
Representatives and the Committees on Rules and Administration, Energy
and Natural Resources, and Appropriations of the Senate.
(e) Recommendations for Legislation To Carry Out Plan of Action.--
Based on the recommendations contained in the report submitted under
subsection (a), the Commission shall submit for consideration
recommendations for a legislative plan of action to create and
construct the Museum to--
(1) the Committee on Transportation and Infrastructure of
the House of Representatives;
(2) the Committee on House Administration of the House of
Representatives;
(3) the Committee on Rules and Administration of the
Senate;
(4) the Committee on Natural Resources of the House of
Representatives;
(5) the Committee on Energy and Natural Resources of the
Senate; and
(6) the Committees on Appropriations of the House of
Representatives and the Senate
(f) Deadline for Submission of Reports.--The Commission shall
submit final versions the reports and plans required--
(1) under subsection (a) and (b) not later than 24 months
after the date of the Commission's first meeting; and
(2) under subsection (e) not later than 12 months after the
date that the reports and plans referred to in paragraph (1)
are submitted.
(g) National Conference.--In carrying out its functions under this
section, not later than 18 months after the commission members are
selected, the Commission may host a national conference on the Museum,
comprised of individuals committed to the advancement of Irish-American
life, art, history, and culture.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director and Staff.--
(1) In general.--The Commission may employ and compensate
an executive director and any other additional personnel that
are necessary to enable the Commission to perform the duties of
the Commission.
(2) Rates of pay.--Rates of pay for persons employed under
paragraph (1) shall be consistent with the rates of pay allowed
for employees of a temporary organization under section 3161 of
title 5, United States Code.
(b) Not Federal Employment.--Any individual employed under this Act
shall not be considered a Federal employee for the purpose of any law
governing Federal employment.
(c) Technical Assistance.--
(1) In general.--Subject to paragraph (2), on request of
the Commission the head of a Federal agency may provide
technical assistance to the Commission.
(2) Detailees.--No Federal employees may be detailed to the
Commission.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Compensation.--
(1) In general.--A member of the Commission--
(A) shall not be considered to be a Federal
employee for any purpose by reason of service on the
Commission; and
(B) shall serve without pay.
(2) Travel expenses.--A member of the Commission shall be
allowed a per diem allowance for travel expenses, at rates
consistent with those authorized under subchapter I of chapter
57 of title 5, United States Code.
(b) Gifts, Bequests, Devises.--The Commission may solicit, accept,
use, and dispose of gifts, bequests, or devises of money, services, or
real or personal property for the purpose of aiding or facilitating the
work of the Commission.
(c) Federal Advisory Committee Act.--The Commission is not subject
to the provisions of the Federal Advisory Committee Act.
SEC. 7. TERMINATION.
The Commission shall terminate on the date that is 30 days after
the date on which the final versions of the reports and plans required
under section 4 are submitted.
SEC. 8. AUTHORIZATION FOR APPROPRIATIONS.
There are authorized to be appropriated for carrying out the
activities of the Commission--
(1) $2,100,000 for the first fiscal year beginning after
the date of the enactment of this Act; and
(2) $1,100,000 for the second fiscal year beginning after
the date of the enactment of this Act. | Commission to Study the Creation of a National Museum of Irish American History This bill establishes a commission to study the potential for creating a National Museum of Irish American History. The commission shall report to the President and Congress on: its recommendations for a plan of action for the establishment of the museum in Washington, DC; the availability and cost of the collections to be acquired and housed; the impact of the museum on regional Irish-American-related museums; whether the museum should be located within the Smithsonian Institution; the governance and organizational structure of the museum; how to engage the Irish-American community in the museum's development and design; and the cost of constructing, operating, and maintaining the museum. The commission shall: (1) develop and obtain an independent review of a fund-raising plan to support the museum through public contributions, and (2) submit recommendations for a legislative plan of action for the creation and construction of the museum. The commission may host a national conference on the museum for individuals who are committed to the advancement of Irish-American life, art, history, and culture. | {"src": "billsum_train", "title": "Commission to Study the Creation of a National Museum of Irish American History"} | 1,890 | 228 | 0.649498 | 1.983476 | 0.71029 | 4.752252 | 8.036036 | 0.95045 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biliteracy Education Seal and
Teaching Act'' or the ``BEST Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States celebrate cultural and
linguistic diversity and seek to prepare students with skills
to succeed in the 21st century.
(2) It is fitting to commend the dedication of students who
have achieved proficiency in multiple languages and to
encourage their peers to follow in their footsteps.
(3) The study of world languages in elementary and
secondary schools should be encouraged because it contributes
to a student's cognitive development and to the national
economy and security.
(4) Recognition of student achievement in language
proficiency will enable institutions of higher education and
employers to readily recognize and acknowledge the valuable
expertise of bilingual students in academia and the workplace.
(5) California has pioneered the first State system in the
Nation to recognize students for achieving proficiency in
multiple languages. In 2012, California awarded a Seal of
Biliteracy to over 10,000 graduating high school seniors in 37
school districts.
(6) Students in every State should be able to benefit from
a Seal of Biliteracy program.
SEC. 3. STATE SEAL OF BILITERACY PROGRAM.
(a) Establishment.--The Secretary of Education shall award grants
to States to establish or improve a Seal of Biliteracy program to
recognize student proficiency in speaking, reading, and writing in both
English and a second language.
(b) Grant Application.--In order to receive a grant under this
section, a State shall submit an application to the Secretary at such
time, in such manner, and containing such information and assurances as
the Secretary may require, including--
(1) a description of the criteria a student must meet to
demonstrate proficiency in speaking, reading, and writing in
both English and a second language;
(2) assurances that a student who meets the requirements
under paragraph (1)--
(A) receives a permanent seal or other marker on
the student's secondary school diploma or its
equivalent; and
(B) receives documentation of proficiency in the
student's official academic transcript; and
(3) assurances that a student is not charged a fee for
submitting an application under subsection (c).
(c) Student Participation in a Seal of Biliteracy Program.--To
participate in a Seal of Biliteracy program, a student must submit an
application to the State that serves the student at such time, in such
manner, and containing such information and assurances as the State may
require, including assurances that the student--
(1) will receive a secondary school diploma or its
equivalent in the year the student submits an application; and
(2) has met the criteria established by the State under
subsection (b)(1).
(d) Student Eligibility for Application.--A student who gained
proficiency in a second language outside of school may apply to
participate in a Seal of Biliteracy program under subsection (c).
(e) Use of Funds.--Grant funds made available under this section
shall be used for administrative costs of establishing or improving and
carrying out a Seal of Biliteracy program and for public outreach and
education about that program.
(f) Grant Terms.--
(1) Duration.--A grant awarded under this section shall be
for a period of 2 years, and may be renewed at the discretion
of the Secretary.
(2) Renewal.--At the end of a grant term, the recipient of
such grant may reapply for a grant under this section.
(3) Limitations.--A grant recipient under this section
shall not have more than 1 grant under this section at anytime.
(4) Return of unspent grant funds.--Not later than 6 months
after the date on which a grant term ends, a recipient of a
grant under this section shall return any unspent grant funds
to the Secretary.
(g) Report.--Not later than 9 months after receiving a grant under
this section, a grant recipient shall issue a report to the Secretary
describing the implementation of the Seal of Biliteracy program.
(h) Definitions.--In this section:
(1) ESEA definitions.--The terms ``secondary school'',
``Secretary'', and ``State'' have the meanings given those
terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(2) Second language.--The term ``second language'' means
any language other than English, including Braille and American
Sign Language.
(3) Seal of biliteracy program.--The term ``Seal of
Biliteracy program'' means any program established under
section 3 of this Act.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $10,000,000 for each of fiscal years 2019
through 2023 to carry out this section. | Biliteracy Education Seal and Teaching Act or the BEST Act This bill directs the Department of Education to award renewable two-year grants to states to establish or improve Seal of Biliteracy programs to recognize student proficiency in speaking, reading, and writing in both English and a second language. States must provide to participating students who demonstrate such proficiency: (1) documentation of that proficiency on their official academic transcripts, and (2) a permanent seal or other marker on their secondary school diplomas. Students who gain proficiency in a second language outside of school may participate in such programs. States may not charge students a program application fee. | {"src": "billsum_train", "title": "Biliteracy Education Seal and Teaching Act"} | 1,070 | 148 | 0.625179 | 2.010099 | 0.794334 | 3.720339 | 8.313559 | 0.855932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death Penalty Reform Act of 2006''.
SEC. 2. AMENDMENTS RELATING TO TITLE 28.
Chapter 153 of title 28, United States Code, is amended--
(1) in section 2254(h) by striking ``section 408 of the
Controlled Substances Act'' and inserting ``section 3599 of
title 18''; and
(2) in section 2255 by striking ``section 408 of the
Controlled Substances Act'' and inserting ``section 3599 of
title 18''.
SEC. 3. AMENDMENTS RELATING TO SECTION 3592 OF TITLE 18.
Section 3592 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``for which notice has
been provided'' after ``factor'';
(2) in subsection (c)(1)--
(A) by inserting ``section 241 (conspiracy against
rights), section 245 (federally protected activities),
section 247 (interference with religious exercise)''
after ``section 37 (violence at international
airports),''; and
(B) by inserting ``section 1512 (tampering with a
witness, victim, or an informant), section 1513
(retaliating against a witness, victim, or an
informant),'' after ``section 1203 (hostage taking),'';
(3) in subsection (c)(2)--
(A) by striking ``For any offense, other than an
offense for which a sentence of death is sought on the
basis of section 924(c), the'' and inserting ``The'';
and
(B) by striking ``previously'' and inserting ``, in
a prior adjudication,'';
(4) in subsection (c)(8)--
(A) by striking ``or''; and
(B) by inserting ``or in order to retain illegal
possession'' before ``of anything'';
(5) in subsection (c)(12), by striking ``had previously''
each place that term appears and inserting ``has previously'';
and
(6) in subsection (c), by inserting after paragraph (16)
the following:
``(17) Obstruction of justice.--The defendant engaged in
any conduct resulting in the death of another person in order
to obstruct the investigation or prosecution of any offense.''.
SEC. 4. AMENDMENTS RELATING TO SECTION 3593 OF TITLE 18.
Section 3593 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``, a reasonable time before the
trial or before acceptance by the court of a plea of
guilty,'';
(B) by inserting after paragraph (2) the following:
``The notice must be filed a reasonable time before trial or before
acceptance by the court of a plea of guilty. The court shall, where
necessary to ensure adequate preparation time for the defense, grant a
reasonable continuance of the trial. If the government has not filed a
notice of intent to seek the death penalty or informed the court that a
notice of intent to seek the death penalty will not be filed, the court
shall not accept a plea of guilty to an offense described in section
3591 without the concurrence of the government.''; and
(C) by inserting before the last sentence the
following: ``The government may also provide notice
under this subsection of any factor concerning the
state of mind, intent or other culpability of the
defendant in committing the offense.'';
(2) in subsection (b), by inserting at the end of paragraph
(3) the following:
``The court shall not dismiss alternate jurors impaneled during the
guilt phase unless for good cause as to individual alternates or upon a
finding, under this subsection, that the sentencing hearing will be
heard by the court alone. The court shall retain such alternate jurors
to hear the sentencing trial until the completion of the hearing. If at
any time, whether before or after the final submission of the
sentencing case to the jury, a sitting juror dies or becomes ill, or
upon other good cause shown to the court is found to be unable to
perform his or her duty in a timely manner, or if a juror requests a
discharge and good cause appears therefor, the court shall order the
juror to be discharged and draw the name of an alternate, who shall
then take a place in the jury box, and be subject to the same rules and
regulations as though the alternate juror had been selected as one of
the original jurors. If deliberations have begun when the substitution
is made, the court shall instruct the newly constituted jury to
recommence deliberations as if none had previously taken place. The
panel, in all other respects, shall be considered unaltered by the
substitution of a duly seated alternate.'';
(3) in subsection (c) --
(A) in the fourth sentence, by inserting ``for
which notice has been provided under subsection (b)''
before the period;
(B) in the fifth sentence, by inserting ``,
including information pertaining to unadjudicated
conduct'' before the period;
(C) by inserting after the eighth sentence the
following: ``The government shall be permitted to
cross-examine the defendant regarding any statements or
testimony by the defendant to the sentencing jury.'';
(D) by inserting after the fourth sentence the
following: ``If the defendant has raised the issue of
mental retardation as required under subsection (b),
the defendant may introduce information relevant to
mental retardation.''; and
(E) by inserting at the end the following: ``The
defendant shall have the burden of proving mental
retardation by the preponderance of the information.'';
(4) in subsection (d)--
(A) in the second sentence by inserting ``determine
the truth of the allegations in the notice filed under
subsection (a) of this section regarding any mental
state set forth in section 3591(a), and'' after ``It
shall'';
(B) by inserting after the second sentence the
following: ``In any case in which the defendant has
raised the issue of mental retardation as required
under subsection (b), the jury, or if there is no jury,
the court, shall determine the issue of mental
retardation only if any aggravating factor set forth in
section 3592 is found to exist. Such determination
shall occur prior to the consideration of any
mitigating factor.''; and
(C) by inserting at the end the following: ``If the
jury, or if there is no jury, the court, determines
that the defendant is mentally retarded, the court
shall sentence the defendant to life imprisonment
without the possibility of release, or some other
lesser sentence authorized by law.'';
(5) in subsection (e)--
(A) by inserting before the last sentence the
following: ``In assessing the appropriateness of a
sentence of death, the jury, or if there is no jury,
the court must base the decision on the facts of the
offense and the aggravating and mitigating factors and
avoid any influence of sympathy, sentiment, passion,
prejudice, or other arbitrary factor when imposing
sentence.''; and
(B) by striking ``, to life imprisonment'' and all
that follows through ``lesser sentence'' and inserting
``or to life imprisonment without possibility of
release''.
(6) by redesignating subsections (b) through (f) as
subsections (c) through (g); and
(7) by adding after subsection (a) the following:
``(b) Notice by the Defendant.--
``(1) If, as required under subsection (a), the government
has filed notice seeking a sentence of death, the defendant
shall, a reasonable time before the trial, sign and file with
the court, and serve on the attorney for the government, notice
setting forth the mitigating factor or factors that the
defendant proposes to prove mitigate against imposition of a
sentence of death. In any case in which the defendant intends
to raise the issue of mental retardation as precluding a
sentence of death, the defendant shall, a reasonable time
before trial, sign and file with the court, and serve on the
attorney for the government, notice of such intent.
``(2) When a defendant makes a claim of mental retardation
or intends to rely on evidence of mental impairment, or other
mental defect or disease as a mitigating factor under this
section, the government shall have the right to an independent
mental health examination of the defendant. A mental health
examination ordered under this subsection shall be conducted by
a licensed or certified psychiatrist, psychologist,
neurologist, psychopharmacologist, or other allied mental
health professional. If the court finds it appropriate, more
than one such professional shall perform the examination. To
facilitate the examination, the court may commit the person to
be examined for a reasonable period, but not to exceed 30 days,
to the custody of the Attorney General for placement in a
suitable facility. Unless impracticable, the psychiatric or
psychological examination shall be conducted in a suitable
facility reasonably close to the court. The director of the
facility may apply for a reasonable extension, but not to
exceed 15 days upon a showing of good cause that the additional
time is necessary to observe and evaluate the defendant.
``(3) Following the filing of a defendant's notice under
this subsection, the court shall, where necessary to ensure
adequate preparation time for the government, grant a
reasonable continuance of the trial.
``(4) For purposes of this section, a defendant is mentally
retarded if, since some point in time prior to age 18, he or
she has continuously had an intelligence quotient of 70 or
lower and, as a result of that significantly subaverage mental
functioning, has since that point in time continuously had a
diminished capacity to understand and process information,
abstract from mistakes and learn from experience, engage in
logical reasoning, control impulses, and understand others'
reactions.''.
SEC. 5. AMENDMENTS RELATING TO SECTION 3594 OF TITLE 18.
Section 3594 of title 18, United States Code, is amended--
(1) in the first sentence--
(A) by striking ``3593(e)'' and inserting
``3593(f)''; and
(B) by striking ``or life imprisonment without
possibility of release'';
(2) in the second sentence--
(A) by striking ``any lesser sentence that is
authorized by law'' and inserting ``life imprisonment
without the possibility of release''; and
(B) by inserting ``as limited by section 3593(f)''
before the period.
SEC. 6. AMENDMENTS RELATING TO SECTIONS 3595, 3596, AND 3597 OF TITLE
18.
(a) Section 3596.--Section 3596 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``When the sentence is
to be implemented'' and all that follows through ``such law''
and inserting the following: ``A sentence of death for any
offense against the United States shall be implemented pursuant
to regulations promulgated by the Attorney General''; and
(2) in subsection (c)--
(A) by striking the first sentence; and
(B) by adding at the end the following: ``The
government shall not be limited in its opportunities to
seek rehearing, based on changed circumstances, of a
finding of mental incapacity under this subsection.''.
(b) Section 3595.--Section 3595 of title 18, United States Code, is
amended by striking ``3593(d)'' and inserting ``3593(e)''.
(c) Section 3597.--Section 3597 of title 18, United States Code, is
amended--
(1) in the heading, by striking ``State'';
(2) in subsection (a), by striking ``A United States
marshal'' and all that follows through ``Attorney General'' and
inserting the following: ``An official charged with supervising
the implementation of a sentence of death shall use appropriate
Federal or State facilities for such purpose''; and
(3) by adding at the end the following new subsection:
``(c) Confidentiality.--Notwithstanding any other law, the identity
of any employee of the United States Department of Justice, the Federal
Bureau of Prisons, the United States Marshals Service, or any State
department of corrections, or of any person providing services relating
to an execution under contract or victim or victim's survivor, who
participates in or witnesses the administration of an execution
pursuant to this section shall not be publicly disclosed, absent the
consent of any such individual.''.
(d) Conforming Amendment.--The table of sections at the beginning
of chapter 228 of title 18, United States Code, is amended by striking
the item relating to section 3597 and inserting the following:
``3597. Use of facilities.''.
SEC. 7. AMENDMENT RELATING TO SECTION 3005 OF TITLE 18.
(a) In General.--Section 3005 of title 18, United States Code, is
amended to read as follows:
``Sec. 3005. Counsel and voir dire in capital cases
``(a) In any case in which the Government files a notice of intent
to seek a sentence of death, the court shall promptly, upon the
defendant's request, assign a second counsel for the defendant in
addition to any previously assigned counsel. At least one assigned
counsel shall be learned in the law applicable to capital cases. Both
counsel shall have free access to the accused at all reasonable hours.
In assigning counsel under this section, the court shall consider the
recommendation of the Federal Public Defender organization, or, if no
such organization exists in the district, of the Administrative Office
of the United States Courts.
``(b) In any case in which the government files a notice of intent
to seek the death penalty, the court shall, at the outset of any trial,
permit voir dire of the venire concerning personal scruples with regard
to the death penalty. The trial court shall allow strikes for cause as
to any member of the venire whose personal views would prevent or
substantially impair the performance of a juror's sworn duties under
the court's instructions in a death penalty case.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 201 of title 18, United States Code is amended by striking
the item relating to section 3005 and inserting the following:
``3005. Counsel and voir dire in capital cases.''.
SEC. 8. ADDITIONAL PROCEDURAL MODIFICATIONS.
(a) Modification of Mitigating Factors.--Section 3592(a)(4) of
title 18, United States Code, is amended--
(1) by striking ``Another'' and inserting ``The Government
could have, but has not, sought the death penalty against
another''; and
(2) by striking ``, will not be punished by death''.
(b) Modification of Aggravating Factors for Offenses Resulting in
Death.--Section 3592(c) of title 18, United States Code, is amended in
paragraph (1), by inserting ``section 2339D (terrorist offenses
resulting in death),'' after ``destruction),''.
(c) Juries of Less Than 12 Members.--Subsection (c), as
redesignated by section 4(6) of this Act, of section 3593 of title 18,
United States Code, is amended by striking ``unless'' and all that
follows through the end of the subsection and inserting ``unless the
court finds good cause, or the parties stipulate, with the approval of
the court, a lesser number.''.
(d) Peremptory Challenges.--Rule 24(c) of the Federal Rules of
Criminal Procedure is amended--
(1) in paragraph (1), by striking ``6'' and inserting
``9''; and
(2) in paragraph (4), by adding at the end the following:
``(D) Seven, eight or nine alternates.--Four
additional peremptory challenges are permitted when
seven, eight, or nine alternates are impaneled.''. | Death Penalty Reform Act of 2006 - Amends the federal criminal code to modify substantive law and procedures relating to the death penalty.
Adds certain crimes that result in death, including obstruction of justice, as aggravating factors in death penalty deliberations.
Defines "mentally retarded" for death penalty purposes. Requires a defendant to give notice to the government of any mitigating factors, including mental retardation, which the defendant intends to present in a death penalty proceeding. Grants the government the right to an independent mental health examination of a defendant claiming mental retardation.
Grants the Attorney General regulatory authority over the implementation of the death penalty. Repeals the prohibition against executing a person who is mentally retarded. Grants the government an unlimited right to rehearings of a finding of mental incapacity in death penalty cases.
Requires a court in a death penalty case to: (1) assign a second attorney for the defendant when the government files a notice of intent to seek a sentence of death (currently, assignment is required upon indictment); and (2) permit the government to strike for cause jurors who oppose the death penalty.
Modifies criteria relating to mitigating and aggravating factors in death penalty cases.
Authorizes a court in the sentencing phase of a death penalty case to impanel a jury of less than 12 members upon a finding of good cause.
Amends the Federal Rules of Criminal Procedure to increase the number of alternative jurors and peremptory challenges to such jurors in criminal proceedings. | {"src": "billsum_train", "title": "To modify the law with respect to the death penalty, and for other purposes."} | 3,666 | 355 | 0.372975 | 1.039123 | 0.66071 | 2.159574 | 11.989362 | 0.840426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Affordability for Working
Students Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Approximately 2,660,000 students attend institutions on
a less than half-time basis.
(2) The average age of college students has risen and
enrollment among older students is rising faster than among
those in their late teens.
(3) Less than half-time enrollment allows students to
balance the demands of school, work, and family.
(4) Only approximately 30 percent of American workers today
have a college degree, but more Americans are recognizing how
important it is to earn a degree or acquire new skills.
(5) Job security and success in a global economy requires
training and education beyond high school.
(6) Students who attend school less than half-time are not
eligible for Federal subsidized student loans, the largest
source of Federal student financial aid.
(7) A range of financial options exist for less than half-
time students, yet these options are limited and poorly
utilized.
SEC. 3. DEMONSTRATION LOAN PROGRAM AUTHORIZED.
Part G of title IV of the Higher Education Act of 1965 is amended
by inserting after section 486 (20 U.S.C. 1093) the following new
section:
``SEC. 496A. DEMONSTRATION LOAN PROGRAM AUTHORIZED.
``(a) Program Authority.--From the amounts made available by
subsection (g), the Secretary is authorized to carry out a program of
providing guaranteed and direct loans to less-than-half-time students
for not more than 6 terms, semesters, or substantially equivalent
periods of enrollment over the duration of the students' course of
study in accordance with the requirements of this section. Except as
otherwise provided in this section--
``(1) all terms and conditions for Federal Stafford loans
established under section 428 shall apply to guaranteed loans
made pursuant to this section; and
``(2) all terms and conditions for Federal Direct Stafford
loans established under part D shall apply to direct loans made
pursuant to this section.
``(b) Participation Agreements.--
``(1) Agreements.--The Secretary shall enter into
participation agreements under this section with any eligible
institution or eligible lender (as such terms are defined in
section 435) that submits to the Secretary a request for
participation and that the Secretary selects for participation
in the guaranteed loan or direct loan program (or both) under
this section. The Secretary may enter into such agreements with
consortia of such institutions or lenders, or consortia of both
institutions and lenders.
``(2) Selection for participation.--The Secretary is
authorized to select for participation in the program not more
than an aggregate of 100 institutions of higher education or
consortia of institutions of higher education.
``(3) Terms and conditions of agreements.--Such agreements
shall contain such terms and conditions as the Secretary shall
require and shall--
``(A) in the case of agreements with eligible
institutions, provide that the institution will--
``(i) identify eligible part-time students
who seek student financial assistance at such
institution; and
``(ii) determine the amount of eligible
education expenses of such students; and
``(B) in the case of agreements with both eligible
institutions and eligible lenders--
``(i) provide assurances that the lender or
the institution (as applicable) will comply
with requirements established by the Secretary
relating to student loan information with
respect to loans made under this section;
``(ii) provide that the lender or the
institution (as applicable) accepts
responsibility and financial liability stemming
from its failure to perform its functions
pursuant to the agreement; and
``(iii) include such other provisions as
the Secretary determines are necessary to
protect the interests of the United States and
to promote the purposes of this section.
``(4) Withdrawal and termination procedures.--The Secretary
shall establish procedures by which institutions or lenders may
withdraw or be terminated from the program under this section.
``(c) Special Loan Terms and Conditions.--A loan under this
section--
``(1) shall be repaid in accordance with a repayment plan
selected by the borrower commencing 6 months after the date the
borrower ceases to be enrolled;
``(2) be subject to deferral of repayment during any period
of enrollment in which the borrower is enrolled as student,
even if less-than-half-time; and
``(3) during any such deferment--
``(A) shall not be subject to periodic installments
of principal; and
``(B) interest--
``(i) in the case of a loan made by an
eligible lender, shall be paid by the
Secretary; and
``(ii) in the case of a loan made by the
Secretary, shall not accrue.
``(d) Waivers.--The Secretary is authorized to waive, for any
institution of higher education participating in the program under this
section, the requirements of section 472 that relate to limiting the
definition of the cost of attendance for less-than-half-time students,
especially paragraphs (2) and (4) of such section, with the goal of
allowing the institution to use the same definition of the cost of
attendance for less than half-time students as is used for students
attending at least half-time.
``(e) Evaluations and Reports.--
``(1) Evaluations.--The Secretary shall evaluate the
demonstration program authorized under this section on an
annual basis. Such evaluations shall review--
``(A) the extent to which each institution and
lender participating in the demonstration program has
met the requirements of the participation agreement,
including program quality assurance;
``(B) the number of students participating in the
demonstration program, including the progress of
participating students towards recognized certificates
or degrees and the extent to which persistence or
completion increased or decreased for students in the
demonstration program;
``(C) the extent to which persistence or completion
increased or decreased for students in the
demonstration program as compared to a comparable group
of students;
``(D) the willingness of lenders to participate and
obstacles that discourage participation by lenders; and
``(E) the effect that limitations on the number of
terms that a less-than-half-time student may receive
these loans has on their course of study.
``(2) Reports.--Not later than 42 months after the
initiation of the program authorized under this section, the
Secretary shall report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives with
respect to--
``(A) the evaluations of the demonstration program
authorized under this section; and
``(B) any proposed statutory changes designed to
enhance persistence and completion for students.
``(f) Oversight.--In conducting the demonstration program
authorized under this section, the Secretary shall, on a continuing
basis--
``(1) ensure the compliance of institutions and lenders
participating in the demonstration program with the
requirements of this title (other than the sections and
regulations that are waived under this section); and
``(2) provide technical assistance.
``(g) Appropriation.--There shall be available to the Secretary to
carry out this section, from funds not otherwise appropriated, such
sums as may be necessary for fiscal year 2008 and each of the 4
succeeding fiscal years.''. | College Affordability for Working Students Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to carry out a Demonstration Loan program providing guaranteed and direct loans to less than half-time students for not more than six terms, semesters, or substantially equivalent periods of enrollment over the duration of the students' studies.
Limits program participation to up to 100 institutions of higher education or consortia of IHEs.
Requires program loans to be: (1) subject to deferral of repayment while the borrower is enrolled as a student, even if less than half-time; and (2) repaid pursuant to a repayment plan selected by the borrower that commences six months after the borrower's enrollment ends.
Authorizes the Secretary to waive, for IHE participants, certain requirements limiting what may be included in the cost of attendance for less than half-time students. | {"src": "billsum_train", "title": "To establish a demonstration loan program for nontraditional students."} | 1,603 | 201 | 0.572044 | 1.677318 | 0.936749 | 3.666667 | 9.369048 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commemorative Events
Advisory Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the preparation and consideration of the multitude of
bills proposing particular days, weeks, months, or years for
recognition through Presidential proclamation unduly burdens
the Congress and consumes an inordinate amount of time;
(2) such proposals could be more efficiently considered by
a commission whose sole function would be to review proposals
for national commemorative events and to make positive or
negative recommendations thereon to the President;
(3) such a commission would streamline the process by which
such proposals are currently considered and save the Congress
considerable time and resources which could be devoted to
matters of more pressing national concern; and
(4) such a commission would better ensure the impartial
review of proposals for national commemorative events generated
by a wide variety of constituent groups.
SEC. 3. ESTABLISHMENT AND MEMBERSHIP.
(a) In General.--There shall be established a commission to be
known as the ``President's Advisory Commission on National
Commemorative Events'' (hereinafter in this Act referred to as the
``Commission'').
(b) Members.--The Commission shall be composed of 11 members, as
follows:
(1) 2 members shall be appointed by the Speaker of the
House of Representatives.
(2) 2 members shall be appointed by the President pro
tempore of the Senate.
(3) 7 members shall be appointed by the President. Members
under this paragraph shall represent, insofar as possible, a
wide range of educational, geographical, and professional
backgrounds. A Member of Congress may not be appointed under
this paragraph.
All members must be citizens of the United States.
(c) Terms.--(1) Each member shall be appointed for a term of 2
years, except as provided in paragraph (2).
(2) Of the members first appointed under subsection (b)(3)--
(A) 3 shall be appointed for 1 year, and
(B) 4 shall be appointed for 2 years,
as designated by the President.
(3) If a member was appointed to the Commission as a Member of
Congress and the member ceases to be a Member of Congress, that member
may continue as a member for not longer than the 30-day period
beginning on the date that member ceases to be a Member of Congress.
(d) Vacancies.--A vacancy shall be filled in the manner in which
the original appointment was made. A vacancy in the Commission shall
not affect its powers. Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of such term.
(e) Chairman.--The Chairman of the Commission shall be designated
by the President from among the members under subsection (b)(3). The
term of office of the Chairman shall be 2 years.
(f) Quorum.--6 members of the Commission shall constitute a quorum.
Action by a quorum shall be necessary for the Commission to issue a
recommendation under section 6(d).
(g) Meetings.--The Commission shall meet on at least a quarterly
basis. Meetings shall be held in the District of Columbia.
(h) Pay.--(1) Except as provided in paragraph (2), each member of
the Commission shall be paid the daily equivalent of the maximum rate
of basic pay payable for grade GS-15 of the General Schedule for each
day, including traveltime, during which such member is performing
duties of the Commission.
(2) Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not receive
additional pay by reason of their service on the Commission.
(i) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including a per
diem allowance in lieu of subsistence, in the same manner as persons
employed intermittently in the Government service are allowed travel
expenses under section 5703 of title 5 of the United States Code.
SEC. 4. DIRECTOR; STAFF.
(a) Authority.--The Commission may appoint and fix the pay of a
Director and such staff as the Commission considers appropriate.
(b) Inapplicability of Certain Civil Service Laws.--The Director
and staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the maximum
rate of basic pay payable for grade GS-15 of the General Schedule.
(c) Staff of Federal Agencies.--Upon request of the Chairman, 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. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold such hearings, take such testimony, and receive such
evidence, as it considers appropriate.
(b) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property, but not from a source having a
direct interest in any matter before the Commission.
(c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(d) Administrative Support Services.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
SEC. 6. DUTIES OF THE COMMISSION.
(a) Criteria.--The Commission shall establish criteria for
recommending to the President that a proposed commemorative event be
approved or disapproved.
(b) Submission of Proposals.--The Commission shall establish and
publish in the Federal Register procedures for submitting proposals for
national commemorative events to the Commission.
(c) Review of Proposals.--The Commission shall review all proposals
submitted to it in accordance with subsection (b).
(d) Recommendation to the President.--The Commission shall issue a
recommendation to the President for approval or disapproval of each
proposal submitted to it in accordance with subsection (b). Each
recommendation shall be accompanied by a brief explanation of the
reasons why such recommendation was made.
SEC. 7. EFFECTIVE DATE; COMMENCEMENT AND TERMINATION PROVISIONS.
(a) Effective Date.--This Act shall take effect at the beginning of
the One Hundred Third Congress.
(b) Commencement; Termination.--(1) Members of the Commission shall
be appointed, and the Commission shall first meet, within 90 days after
the effective date of this Act.
(2) The Commission shall terminate 5 years after the date on which
it first meets. | National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed. | {"src": "billsum_train", "title": "National Commemorative Events Advisory Act"} | 1,560 | 82 | 0.569273 | 1.375545 | 1.008119 | 3.56338 | 20.140845 | 0.943662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle Class Flexible Savings Act of
1993''.
SEC. 2. HIGHER MAXIMUM IRA DEDUCTION AND INCOME PHASEOUT LIMITS;
INFLATION ADJUSTMENT OF MAXIMUM IRA DEDUCTION AND
PHASEOUT LIMITS.
(a) Higher Maximum IRA Deduction.--
(1) In general.--The following provisions of the Internal
Revenue Code of 1986 are each amended by striking ``$2,000''
and inserting ``$3,000'':
(A) Subsections (b)(1)(A) and (c)(2) of section
219.
(B) Subsections (a)(1), (b), and (j) of section
408.
(2) Conforming amendment.--Sections 219(c)(2) and 408(d)(5)
are each amended by striking ``$2,250'' and inserting
``$3,500''.
(b) Higher Income Phaseout Limits.--
(1) Subparagraph (B) of section 219(g)(3) of such Code is
amended--
(A) by striking ``$40,000'' and inserting
``$50,000'', and
(B) by striking ``$25,000'' and inserting
``$30,000''.
(2) Clause (ii) of section 219(g)(2)(A) of such Code is
amended to read as follows:
``(ii) $12,000.''
(c) Inflation Adjustment of Maximum IRA Deduction and Income
Phaseout Limits.--Section 219 of such Code is amended by inserting
after subsection (f) the following new subsection:
``(g) Inflation Adjustment of Maximum Deduction and Income Phaseout
Limits.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 1993, each applicable dollar
amount shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment under section
1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 1992'
for `calendar year 1989' in subparagraph (B) thereof.
``(2) Applicable dollar amount.--For purposes of paragraph
(1), the term `applicable dollar amount' means--
``(A) the $3,000 amount in subsections (b)(1)(A),
(c)(2), and (c)(3) of this section and in subsections
(a)(1), (b), and (j) of section 408,
``(B) the $3,500 amount in subsection (c)(2) of
this section and in section 408(d)(5),
``(C) the $50,000 and $30,000 amounts in subsection
(g)(3)(B), and
``(D) the $12,000 amount in subsection
(g)(2)(A)(ii).
``(3) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $50, such amount shall be rounded to
the nearest multiple of $50 (or, if such amount is a multiple
of $25 and not of $50, such amount shall be rounded to the next
highest multiple of $50).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.
SEC. 3. IRA FOR NONWORKING SPOUSE WITH YOUNG CHILDREN COMPUTED ON BASIS
OF COMPENSATION OF BOTH SPOUSES.
(a) In General.--Subsection (c) of section 219 of the Internal
Revenue Code of 1986 (relating to special rules for certain married
individuals) is amended by adding at the end thereof the following new
paragraph:
``(3) Higher limit for spouse with young children.--
``(A) In general.--In the case of a qualifying
spouse, the amount allowable as a deduction under
paragraph (1) shall not exceed the lesser of--
``(i) $3,000, or
``(ii) the sum of--
``(I) the compensation includible
in such individual's gross income for
the taxable year, plus
``(II) the compensation includible
in the gross income of such
individual's spouse for the taxable
year reduced by the amount allowable as
a deduction under subsection (a) to
such spouse for such taxable year.
``(B) Qualifying spouse.--For purposes of
subparagraph (A), the term `qualifying spouse' means
any spouse of an individual if--
``(i) such individual and spouse file a
joint return for the taxable year,
``(ii) such spouse has less than $1,000 of
compensation (determined without regard to
section 911) for the taxable year, and
``(iii) such spouse has a child (as defined
in section 151(c)(3)) who has not attained age
6 as of the close of such taxable year and who
is a dependent (as defined in section 152) of
the taxpayer for such year.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1992.
SEC. 4. PENALTY-FREE WITHDRAWALS FROM CERTAIN PLANS TO PAY EDUCATIONAL
EXPENSES, MEDICAL EXPENSES, AND BUSINESS START-UP
EXPENSES.
(a) Educational Expenses and Business Start-up Expenses.--
(1) In general.--Paragraph (2) of section 72(t) of the
Internal Revenue Code of 1986 (relating to exceptions to 10-
percent additional tax on early distributions from qualified
retirement plans) is amended by adding at the end thereof the
following new subparagraph:
``(D) Distributions from certain plans for
educational expenses and business start-up expenses.--
``(i) In general.--Distributions to an
individual from an individual retirement plan,
or from amounts attributable to employer
contributions made pursuant to elective
deferrals described in subparagraph (A) or (C)
of section 402(g)(3) or section
501(c)(18)(D)(iii) to the extent such
distributions do not exceed the sum of--
``(I) the qualified higher
education expenses (as defined in
paragraph (6)) of the taxpayer for the
taxable year, and
``(II) the start-up expenditures
(as defined in section 195(c)) of the
taxpayer for the taxable year.
``(ii) Adjusted gross income limit.--Clause
(i) shall apply to distributions from an
individual retirement plan only if the adjusted
gross income of the distributee for the taxable
year in which the distribution occurs does not
exceed--
``(I) $60,000 in the case of an
unmarried individual,
``(II) $70,000 in the case of a
joint return, and
``(III) $35,000 in the case of a
married individual filing a separate
return.''
(2) Qualified higher education expenses defined.--Section
72(t) of such Code is amended by adding at the end thereof the
following new paragraph:
``(6) Qualified higher education expenses.--For purposes of
paragraph (2)(D)--
``(A) In general.--The term `qualified higher
education expenses' means tuition, fees, books,
supplies, and equipment required for the enrollment or
attendance of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) a child (as defined in section
151(c)(3)) of the taxpayer,
at an eligible educational institution (as defined in
section 135(c)(3)).
``(B) Coordination with savings bond provisions.--
The amount of qualified higher education expenses for
any taxable year shall be reduced by any amount
excludable from gross income under section 135.''
(b) Catastrophic Illness Expenses.--Subparagraph (A) of section
72(t)(3) of such Code is amended to read as follows:
``(A) Certain exceptions not to apply to individual
retirement plans.--
``(i) In general.--Except as provided in
clause (ii), subparagraphs (A)(v), (B), and (C)
of paragraph (2) shall not apply to
distributions from an individual retirement
plan.
``(ii) Distributions for medical expenses
from certain individual retirement plans.--
Subparagraph (B) of paragraph (2) shall apply
to distributions from an individual retirement
plan if the adjusted gross income of the
distributee for the taxable year in which the
distribution occurs does not exceed the
applicable limitation under paragraph (2)(D).''
(c) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) of such Code is amended by
striking ``or'' at the end of subclause (III), by striking
``and'' at the end of subclause (IV) and inserting ``or'', and
by inserting after subclause (IV) the following new subclause:
``(V) the date on which
distributions for qualified higher
education expenses (as defined in
section 72(t)(6)) or start-up expenses
(as defined in section 195(c)) are
made, and''.
(2) Section 403(b)(11) of such Code is amended by striking
``or'' at the end of subparagraph (A), by striking the period
at the end of subparagraph (B) and inserting ``, or'', and by
inserting after subparagraph (B) the following new
subparagraph:
``(C) for the payment of qualified higher education
expenses (as defined in section 72(t)(6)) or start-up
expenses (as defined in section 195(c)).''
(d) Effective Date.--The amendments made by this section shall
apply to payments and distributions after the date of the enactment of
this Act. | Middle Class Flexible Savings Act of 1993 - Amends the Internal Revenue Code to increase the retirement savings deduction and the maximum individual retirement account contribution from $2,000 to $3,000. Raises income phase-out limits. Provides an inflation adjustment for such amounts.
Allows higher retirement savings deductions for nonworking spouses in households with one or more children under the age of six.
Allows penalty-free distributions from certain retirement plans for: (1) qualified higher education expenses of the taxpayer, spouse, or child; (2) business start-up expenditures; and (3) medical expenses. Limits such distributions to individuals whose adjusted gross income does not exceed: $60,000 in the case of an unmarried individual, $70,000 in the case of a joint return, and $35,000 in the case of married individuals filing separately. | {"src": "billsum_train", "title": "Middle Class Flexible Savings Act of 1993"} | 2,297 | 170 | 0.528693 | 1.325122 | 0.755624 | 2.515337 | 11.969325 | 0.871166 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Drinking Water Assistance
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) drinking water standards proposed and in effect as of
the date of enactment of this Act will place a large financial
burden on many public water systems, especially those public
water systems in rural communities serving small populations;
(2) the limited scientific, technical, and professional
resources available in small communities complicate the
implementation of regulatory requirements;
(3) small communities often cannot afford to meet water
quality standards because of the expenses associated with
upgrading public water systems and training personnel to
operate and maintain the public water systems;
(4) small communities do not have a tax base for dealing
with the costs of upgrading their public water systems;
(5) small communities face high per capita costs in
improving drinking water quality;
(6) small communities would greatly benefit from a grant
program designed to provide funding for water quality projects;
(7) as of the date of enactment of this Act, there is no
Federal program in effect that adequately meets the needs of
small, primarily rural communities with respect to public water
systems; and
(8) since new, more protective arsenic drinking water
standards proposed by the Clinton and Bush administrations,
respectively, are expected to be implemented in 2006, the grant
program established by the amendment made by this Act should be
implemented in a manner that ensures that the implementation of
those new standards is not delayed.
SEC. 3. ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS.
(a) Definition of Indian Tribe.--Section 1401(14) of the Safe
Drinking Water Act (42 U.S.C. 300f(14)) is amended in the second
sentence by striking ``1452,'' and inserting ``1452 and part G,''.
(b) Establishment of Program.--The Safe Drinking Water Act (42
U.S.C. 300f et seq.) is amended by adding at the end the following:
``PART G--ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS
``SEC. 1471. DEFINITIONS.
``In this part:
``(1) Eligible activity.--
``(A) In general.--The term `eligible activity'
means a project or activity concerning a small public
water system that is carried out by an eligible entity
to comply with drinking water standards.
``(B) Inclusions.--The term `eligible activity'
includes--
``(i) obtaining technical assistance; and
``(ii) training and certifying operators of
small public water systems.
``(C) Exclusion.--The term `eligible activity' does
not include any project or activity to increase the
population served by a small public water system,
except to the extent that the Administrator determines
such a project or activity to be necessary to--
``(i) achieve compliance with a national
primary drinking water regulation; and
``(ii) provide a water supply to a
population that, as of the date of enactment of
this part, is not served by a safe public water
system.
``(2) Eligible entity.--The term `eligible entity' means a
small public water system that--
``(A) is located in a State or an area governed by
an Indian Tribe; and
``(B)(i) if located in a State, serves a community
that, under affordability criteria established by the
State under section 1452(d)(3), is determined by the
State to be--
``(I) a disadvantaged community; or
``(II) a community that may become a
disadvantaged community as a result of carrying
out an eligible activity; or
``(ii) if located in an area governed by an Indian
Tribe, serves a community that is determined by the
Administrator, under affordability criteria published
by the Administrator under section 1452(d)(3) and in
consultation with the Secretary, to be--
``(I) a disadvantaged community; or
``(II) a community that the Administrator
expects to become a disadvantaged community as
a result of carrying out an eligible activity.
``(3) Program.--The term `Program' means the small public
water assistance program established under section 1472(a).
``(4) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services, acting through the Director of
the Indian Health Service.
``(5) Small public water system.--The term `small public
water system' means a public water system (including a
community water system and a noncommunity water system) that
serves--
``(A) a community having a population of not more
than 200,000; or
``(B) the city of Albuquerque, New Mexico.
``SEC. 1472. SMALL PUBLIC WATER SYSTEM ASSISTANCE PROGRAM.
``(a) Establishment.--
``(1) In general.--Not later than 1 year after the date of
enactment of this part, the Administrator shall establish a
program to provide grants to eligible entities for use in
carrying out projects and activities to comply with drinking
water standards.
``(2) Priority.--The Administrator shall award grants under
the Program to eligible entities based on--
``(A) first, the financial need of the community
for the grant assistance, as determined by the
Administrator; and
``(B) second, with respect to the community in
which the eligible entity is located, the per capita
cost of complying with drinking water standards, as
determined by the Administrator.
``(b) Application Process.--
``(1) In general.--An eligible entity that seeks to receive
a grant under the Program shall submit to the Administrator, on
such form as the Administrator shall prescribe (not to exceed 3
pages in length), an application to receive the grant.
``(2) Components.--The application shall include--
``(A) a description of the eligible activities for
which the grant is needed;
``(B) a description of the efforts made by the
eligible entity, as of the date of submission of the
application, to comply with drinking water standards;
and
``(C) any other information required to be included
by the Administrator.
``(3) Review and approval of applications.--
``(A) In general.--On receipt of an application
under paragraph (1), the Administrator shall forward
the application to the Council.
``(B) Approval or disapproval.--Not later than 90
days after receiving the recommendations of the Council
under subsection (e) concerning an application, after
taking into consideration the recommendations, the
Administrator shall--
``(i) approve the application and award a
grant to the applicant; or
``(ii) disapprove the application.
``(C) Resubmission.--If the Administrator
disapproves an application under subparagraph (B)(ii),
the Administrator shall--
``(i) inform the applicant in writing of
the disapproval (including the reasons for the
disapproval); and
``(ii) provide to the applicant a deadline
by which the applicant may revise and resubmit
the application.
``(c) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of carrying out an eligible activity
using funds from a grant provided under the Program shall not
exceed 90 percent.
``(2) Waiver.--The Administrator may waive the requirement
to pay the non-Federal share of the cost of carrying out an
eligible activity using funds from a grant provided under the
Program if the Administrator determines that an eligible entity
is unable to pay, or would experience significant financial
hardship if required to pay, the non-Federal share.
``(d) Enforcement and Implementation of Standards.--
``(1) In general.--Subject to paragraph (2), the
Administrator shall not enforce any standard for drinking water
under this Act (including a regulation promulgated under this
Act) against an eligible entity during the period beginning on
the date on which the eligible entity submits an application
for a grant under the Program and ending, as applicable, on--
``(A) the deadline specified in subsection
(b)(3)(C)(ii), if the application is disapproved and
not resubmitted; or
``(B) the date that is 3 years after the date on
which the eligible entity receives a grant under this
part, if the application is approved.
``(2) Arsenic standards.--No standard for arsenic in
drinking water promulgated under this Act (including a standard
in any regulation promulgated before the date of enactment of
this part) shall be implemented or enforced by the
Administrator in any State until the earlier of January 1, 2006
or such date as the Administrator certifies to Congress that--
``(A) the Program has been implemented in the
State; and
``(B) the State has made substantial progress, as
determined by the Administrator in consultation with
the Governor of the State, in complying with drinking
water standards under this Act.
``(e) Role of Council.--The Council shall--
``(1) review applications for grants from eligible entities
received by the Administrator under subsection (b); and
``(2) for each application, recommend to the Administrator
whether the application should be approved or disapproved.
``SEC. 1473. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
$1,900,000,000 for the period of fiscal years 2001 through 2006.''. | Community Drinking Water Assistance Act - Amends the Safe Drinking Water Act to establish a program of grants to small public water systems located in disadvantaged communities (or those that may become disadvantaged as a result of compliance with drinking water standards) for use in carrying out projects and activities to comply with such standards.Provides temporary relief from enforcement by the Administrator of the Environmental Protection Agency of drinking water standards for such systems during and after the grant application process.Delays implementation or enforcement by the Administrator of an arsenic standard in any State until the earlier of January 1, 2006, or the date on which the Administrator certifies that the program has been implemented in that State and the State has made substantial progress in drinking water standards compliance. | {"src": "billsum_train", "title": "To amend the Safe Drinking Water Act to establish a program to provide assistance to small communities for use in carrying out projects and activities necessary to achieve or maintain compliance with drinking water standards."} | 2,178 | 155 | 0.53535 | 1.446531 | 0.781778 | 3.395683 | 14.201439 | 0.935252 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fight Illicit Networks and Detect
Trafficking Act'' or the ``FIND Trafficking Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to the Drug Enforcement Administration (DEA)
2017 National Drug Threat Assessment, transnational criminal
organizations are increasingly using virtual currencies.
(2) The Treasury Department has recognized that: ``The
development of virtual currencies is an attempt to meet a
legitimate market demand. According to a Federal Reserve Bank
of Chicago economist, United States consumers want payment
options that are versatile and that provide immediate finality.
No United States payment method meets that description,
although cash may come closest. Virtual currencies can mimic
cash's immediate finality and anonymity and are more versatile
than cash for online and cross-border transactions, making
virtual currencies vulnerable for illicit transactions.''.
(3) Virtual currencies have become a prominent method to
pay for goods and services associated with illegal sex
trafficking and drug trafficking, which are two of the most
detrimental and troubling illegal activities facilitated by
online marketplaces.
(4) Online marketplaces, including the dark web, have
become a prominent platform to buy, sell, and advertise for
illicit goods and services associated with sex trafficking and
drug trafficking.
(5) According to the International Labour Organization, in
2016, 4.8 million people in the world were victims of forced
sexual exploitation, and in 2014, the global profit from
commercial sexual exploitation was $99 billion.
(6) In 2016, within the United States, the Center for
Disease Control estimated that there were 64,000 deaths related
to drug overdose, and the most severe increase in drug
overdoses were those associated with fentanyl and fentanyl
analogs (synthetic opioids), which amounted to over 20,000
overdose deaths.
(7) According to the United States Department of the
Treasury 2015 National Money Laundering Risk Assessment, an
estimated $64 billion is generated annually from United States
drug trafficking sales.
(8) Illegal fentanyl in the United States originates
primarily from China, and it is readily available to purchase
through online marketplaces.
SEC. 3. GAO STUDY.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study on how virtual currencies and online marketplaces
are used to facilitate sex and drug trafficking. The study shall
consider--
(1) how online marketplaces, including the dark web, are
being used as platforms to buy, sell, or facilitate the
financing of goods or services associated with sex trafficking
or drug trafficking (specifically, opioids and synthetic
opioids, including fentanyl, fentanyl analogs, and any
precursor chemicals associated with manufacturing fentanyl or
fentanyl analogs) destined for, originating from, or within the
United States;
(2) how financial payment methods, including virtual
currencies and peer-to-peer mobile payment services, are being
utilized by online marketplaces to facilitate the buying,
selling, or financing of goods and services associated with sex
or drug trafficking destined for, originating from, or within
the United States;
(3) how virtual currencies are being used to facilitate the
buying, selling, or financing of goods and services associated
with sex or drug trafficking, destined for, originating from,
or within the United States, when an online platform is not
otherwise involved;
(4) how illicit funds that have been transmitted online and
through virtual currencies are repatriated into the formal
banking system of the United States through money laundering or
other means;
(5) the participants (state and non-state actors)
throughout the entire supply chain that participate in or
benefit from the buying, selling, or financing of goods and
services associated with sex or drug trafficking (either
through online marketplaces or virtual currencies) destined
for, originating from, or within the United States;
(6) Federal and State agency efforts to impede the buying,
selling, or financing of goods and services associated with sex
or drug trafficking destined for, originating from, or within
the United States, including efforts to prevent the proceeds
from sex or drug trafficking from entering the United States
banking system;
(7) how virtual currencies and their underlying
technologies can be used to detect and deter these illicit
activities; and
(8) to what extent can the immutable and traceable nature
of virtual currencies contribute to the tracking and
prosecution of illicit funding.
(b) Scope.--For the purposes of the study required under subsection
(a), the term ``sex trafficking'' means the recruitment, harboring,
transportation, provision, obtaining, patronizing, or soliciting of a
person for the purpose of a commercial sex act that is induced by
force, fraud, or coercion, or in which the person induced to perform
such act has not attained 18 years of age.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of
Representatives a report summarizing the results of the study required
under subsection (a), together with any recommendations for legislative
or regulatory action that would improve the efforts of Federal agencies
to impede the use of virtual currencies and online marketplaces in
facilitating sex and drug trafficking. | Fight Illicit Networks and Detect Trafficking Act or the FIND Trafficking Act This bill directs the Government Accountability Office (GAO) to report on the use of virtual currencies and online marketplaces in sex and drug trafficking. The GAO must study topics including: how illicit proceeds are transferred into the U.S. banking system, state and non-state actors that benefit from or participate in such activity, preventative efforts from federal and state agencies, and how to use the unique characteristics of virtual currencies to track illicit activity. | {"src": "billsum_train", "title": "Fight Illicit Networks and Detect Trafficking Act"} | 1,183 | 115 | 0.499175 | 1.417426 | 0.559973 | 2.686869 | 11.252525 | 0.808081 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Privacy Protection Act
of 1998''.
SEC. 2. RESTRICTION ON DISSEMINATION OF PRESCRIPTION INFORMATION.
Except as provided in section 3, a pharmacy owner, pharmacist, or
employee of a pharmacy may not disclose prescription data to any person
or governmental agency, other than the individual who is the subject of
the data or another owner or employee of the pharmacy, without having
obtained from such individual a written consent to the disclosure that
satisfies the requirements of section 4.
SEC. 3. EXCEPTIONS.
A pharmacy owner, pharmacist, or employee of a pharmacy may make a
disclosure of prescription data otherwise prohibited under section 2,
if the disclosure is made under one of the following conditions:
(1) To the physician who wrote the prescription that is the
subject of the prescription data.
(2) To a parent or guardian of the individual who is the
subject of the prescription data, or to a court-appointed
attorney representing the individual, but only where the
individual is a minor.
(3) To a guardian of the individual who is the subject of
the prescription data, or to a court-appointed attorney
representing the individual, but only where the individual is
not capable, because of a physical or mental condition, to
effect a written consent that satisfies the requirements of
section 4.
(4) To an agent of the individual who is the subject of the
prescription data, where the agent is acting under authority
granted in a power of attorney.
(5) In the case of a pharmacy owner, to an agent of the
owner, where the disclosure is necessary for the purpose of a
carrying out a written contract between the agent and the owner
under which the agent--
(A) is required to perform administrative services
for the owner; and
(B) is prohibited from disclosing the prescription
data to any person other than the owner.
(6) For purposes of complying with a judicial or
administrative subpoena or a court order.
(7) For purposes of providing information requested in a
law enforcement investigation, an audit, a pharmacist licensure
procedure, or a professional review.
(8) In the course of oral testimony in a deposition or
court proceeding.
(9) Where the disclosure is necessary to support an
application for receipt of health care benefits from a health
insurance provider or a governmental agency.
(10) Where the disclosure is made for the purpose of
permitting any person to carry out a duty or authority under
title XVIII or XIX of the Social Security Act.
SEC. 4. CONSENT.
A pharmacy owner, pharmacist, or employee of a pharmacy may make a
disclosure of prescription data to any person or governmental agency
other than the individual who is the subject of the data, if the owner,
pharmacist, or employee has obtained from such individual a written
consent to the disclosure that includes the following information:
(1) The name of the individual who is the subject of the
data.
(2) The name of the physician who wrote the prescription
that is the subject of the data.
(3) The nature of the data authorized to be disclosed.
(4) The date on which the consent expires.
(5) The date on which the consent is executed.
(6) The signature of the individual who is the subject of
the data.
SEC. 5. REGULATIONS AND ENFORCEMENT.
(a) Regulations.--The Secretary of Health and Human Services and
the Secretary of Labor shall jointly promulgate regulations to enforce
this Act.
(b) Violation.--
(1) In general.--Any person who the Secretary of Health and
Human Services or the Secretary of Labor determines has
substantially and materially failed to comply with this Act, or
a regulation promulgated by such Secretary under this Act,
shall be subject, in addition to any other penalties that may
be prescribed by law, to a civil penalty of not more than
$10,000 for each such violation.
(2) Procedures for imposition of penalties.--Section 1128A
of the Social Security Act, other than subsections (a) and (b)
and the second sentence of subsection (f) of that section,
shall apply to the imposition of a civil monetary penalty under
paragraph (1) in the same manner as such provisions apply with
respect to the imposition of a penalty under section 1128A of
such Act.
SEC. 6. PREEMPTION.
This Act shall not preempt any State law that is not inconsistent
with this Act, but that imposes additional requirements with respect to
a prohibition under this Act.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Guardian.--The term ``guardian'' means a court-approved
or court-appointed guardian of an individual.
(2) Parent.--The term ``parent'' means a biological,
adoptive, or foster parent.
(3) Pharmacist.--The term ``pharmacist'' means a person who
is licensed to engage in the practice of pharmacology.
(4) Pharmacy owner.--The term ``pharmacy owner'' means any
person that operates a licensed pharmacy.
(5) Physician.--The term ``physician'' means a health care
professional who is legally authorized to write prescriptions
for pharmaceutical products.
(6) Prescription data.--The term ``prescription data''
means any written, printed, or electronically recorded
information maintained by a pharmacist or pharmacy owner that
indicates the pharmaceutical product or drug therapy prescribed
by a physician. Such term includes information such as brand
name, scientific name, manufacturer, and medical use of the
pharmaceutical product or drug therapy. | Prescription Privacy Protection Act of 1998 - Prohibits a pharmacy owner, pharmacist, or pharmacy employee from disclosing prescription data to any person or governmental agency (other than the individual who is the subject of the data or another owner or employee of the pharmacy) without written consent from the data subject, except: (1) to the physician who wrote the prescription; (2) to a parent or guardian in certain circumstances; (3) to the data subject's agent under a power of attorney; (4) to specified agents of the owner; (5) in connection with certain judicial, administrative, or law enforcement matters; or (6) where necessary to support an application for health benefits from an insurance provider or governmental agency. Mandates a civil monetary penalty for violations. Declares that this Act does not preempt State laws imposing requirements in addition to those in this Act. | {"src": "billsum_train", "title": "Prescription Privacy Protection Act of 1998"} | 1,223 | 185 | 0.668228 | 1.786752 | 0.865247 | 4.080925 | 6.734104 | 0.890173 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boys Town Centennial Commemorative
Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Boys Town is a nonprofit organization dedicated to
saving children and healing families, nationally headquartered
in the village of Boys Town, Nebraska;
(2) Father Flanagan's Boys Home, known as ``Boys Town'',
was founded on December 12, 1917, by Servant of God Father
Edward Flanagan;
(3) Boys Town was created to serve children of all races
and religions;
(4) news of the work of Father Flanagan spread worldwide
with the success of the 1938 movie, ``Boys Town'';
(5) after World War II, President Truman asked Father
Flanagan to take his message to the world, and Father Flanagan
traveled the globe visiting war orphans and advising government
leaders on how to care for displaced children;
(6) Boys Town has grown exponentially, and now provides
care to children and families across the country in 11 regions,
including California, Nevada, Texas, Nebraska, Iowa, Louisiana,
North Florida, Central Florida, South Florida, Washington, DC,
New York, and New England;
(7) the Boys Town National Hotline provides counseling to
more than 150,000 callers each year;
(8) the Boys Town National Research Hospital is a national
leader in the field of hearing care and research of Usher
Syndrome;
(9) Boys Town programs impact the lives of more than
2,000,000 children and families across America each year; and
(10) December 12th, 2017, will mark the 100th anniversary
of Boys Town, Nebraska.
SEC. 3. COIN SPECIFICATIONS.
(a) $5 Gold Coins.--The Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall mint and issue not more than
50,000 $5 coins in commemoration of the centennial of the founding of
Father Flanagan's Boys Town, each of which shall--
(1) weigh 8.359 grams;
(2) have a diameter of 0.850 inches; and
(3) contain 90 percent gold and 10 percent alloy.
(b) $1 Silver Coins.--The Secretary shall mint and issue not more
than 350,000 $1 coins in commemoration of the centennial of the
founding of Father Flanagan's Boys Town, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(c) Half Dollar Clad Coins.--The Secretary shall mint and issue not
more than 300,000 half dollar clad coins in commemoration of the
centennial of the founding of Father Flanagan's Boys Town, each of
which shall--
(1) weigh 11.34 grams;
(2) have a diameter of 1.205 inches; and
(3) be minted to the specifications for half dollar coins
contained in section 5112(b) of title 31, United States Code.
(d) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(e) 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) In General.--The design of the coins minted under this Act
shall be emblematic of the 100 years of Boys Town, one of the largest
nonprofit child care agencies in the United States.
(b) Designation 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 ``2017''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
National Executive Director of Boys Town and the Commission of
Fine Arts; and
(2) reviewed by the Citizens of 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 under this
Act only during the period beginning on January 1, 2017, and ending on
December 31, 2017.
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; and
(2) 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 issued 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 paid to Boys Town to carry out
Boys Town's cause of caring for and assisting children and families in
underserved communities across America.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the Federal Government; and
(2) no funds, including applicable surcharges , shall be
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code.
Passed the House of Representatives September 15, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Boys Town Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half-dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. Permits issuance of such coins only between January 1, 2017, and December 31, 2017. Subjects all coin sales to specified surcharges, which shall be paid to the Treasury for the purposes of reducing the national debt. Directs the Secretary to ensure that: (1) minting and issuing such coins will not result in any net cost to the federal government; and (2) no funds, including surcharges, will be disbursed to Boys Town until the total cost of designing and issuing all authorized coins is recovered by the Treasury. | {"src": "billsum_train", "title": "Boys Town Centennial Commemorative Coin Act"} | 1,547 | 212 | 0.61239 | 2.144506 | 0.88452 | 4.521739 | 7.755435 | 0.923913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stock Option Accounting Reform
Act''.
SEC. 2. MANDATORY EXPENSING OF STOCK OPTIONS HELD BY HIGHLY COMPENSATED
OFFICERS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(m) Mandatory Expensing of Stock Options.--
``(1) Named executive officer.--As used in this subsection,
the term `named executive officer' means--
``(A) all individuals serving as the chief
executive officer of an issuer, or acting in a similar
capacity, during the most recent fiscal year,
regardless of compensation level; and
``(B) the 4 most highly compensated executive
officers, other than an individual identified under
subparagraph (A), that were serving as executive
officers of an issuer at the end of the most recent
fiscal year.
``(2) In general.--Subject to paragraph (4), every issuer
of a security registered pursuant to section 12 shall show as
an expense in the annual report of such issuer filed under
subsection (a)(2), the fair value of all options to purchase
the stock of the issuer granted after December 31, 2004, to a
named executive officer of the issuer.
``(3) Fair value.--
``(A) In general.--The fair value of an option to
purchase the stock of the issuer that is subject to
paragraph (2) shall--
``(i) be equal to the value that would be
agreed upon by a willing buyer and seller of
such option, who are not under any compulsion
to buy or sell such option; and
``(ii) take into account all of the
characteristics and restrictions imposed upon
the option.
``(B) Pricing model.--To the extent that an option
pricing model, such as the Black-Scholes method or a
binomial model, is used to determine the fair value of
an option, the assumed volatility of the underlying
stock shall be zero.
``(4) Exemptions.--
``(A) Small business issuers.--This subsection
shall not apply to an issuer, if--
``(i) the issuer has annual revenues of
less than $25,000,000;
``(ii) the issuer is organized under the
laws of the United States, Canada, or Mexico;
``(iii) the issuer is not an investment
company (as such term is defined under section
3 of the Investment Company Act of 1940 (15
U.S.C. 80a-3));
``(iv) the aggregate value of the
outstanding voting and non-voting common equity
securities of the issuer held by non-affiliated
parties is less than $25,000,000; and
``(v) in the case of an issuer that meets
the criteria in clauses (i) through (iv) and is
a majority-owned subsidiary, the parent of the
issuer meets the requirements of this
paragraph.
``(B) Delayed effectiveness.--The requirements of
this subsection shall not apply to an issuer before the
end of the 3-year period beginning on the date of the
completion of the initial public offering of the
securities of the issuer, and shall only apply to an
option to purchase the stock of an issuer granted after
such date.
``(5) Voluntary expensing.--Notwithstanding the
requirements of this subsection, issuers may elect to expense
the fair value of all officer and employee stock options in the
annual report of such issuer under subsection (a)(2), in
accordance with the expensing alternative of Statement of
Financial Accounting Standards Number 123, and any such issuer
making such election in the annual report for a fiscal year
shall not be subject to paragraphs (2) through (4) of this
subsection for such fiscal year.''.
SEC. 3. PROHIBITION ON EXPENSING AND ECONOMIC IMPACT STUDY.
(a) Prohibition.--Section 19(b) of the Securities Act of 1933 (15
U.S.C. 77s(b)) is amended by adding at the end the following:
``(3) Prohibition on expensing standards.--
``(A) In general.--The Commission shall not
recognize as `generally accepted' any accounting
principle relating to the expensing of stock options
unless--
``(i) it complies with the requirements of
subparagraph (B); and
``(ii) the economic impact study required
under section 3(b) of the Stock Option
Accounting Reform Act has been completed.
``(B) Requirements.--A standard referred to in
subparagraph (A) shall require that--
``(i) if an option to purchase the stock of
an issuer that is subject to the requirements
of section 13(m) of the Securities Exchange Act
of 1934 is exercised--
``(I) any expense that had been
reported under that section 13(m) with
respect to such option shall be
recomputed as of the date of exercise
and shall be equal to the difference
between the price of the underlying
stock and the exercise price; and
``(II) to the extent the recomputed
amount differs from the amount
previously reported under section 13(m)
with respect to such option, the
difference shall be reported in the
fiscal year in which the option is
exercised as a reduction or increase,
as the case may be, of the total
expense required to be reported under
that section 13(m) during that fiscal
year;
``(ii) if an option to purchase the stock
of an issuer that is subject to the
requirements of section 13(m) of the Securities
Exchange Act of 1934 is forfeited or expires
unexercised, any expense that had been reported
under that section 13(m) with respect to such
option shall be reported in the fiscal year in
which the option expires or is forfeited as a
reduction of the total expense required to be
reported under that section 13(m) during that
fiscal year; and
``(iii) to the extent that any reduction
required under clause (i) or (ii) exceeds total
option expenses for any fiscal year, such
excess shall be reported as income with respect
to options to purchase the stock of the issuer.
``(C) Exception for voluntary expensing.--Nothing
in this paragraph or in any other provision of the
Stock Option Accounting Reform Act shall prevent the
Commission from continuing to recognize the expensing
alternative of Statement of Financial Accounting
Standards Number 123 as part of generally accepted
accounting principles for issuers that elect to expense
the fair value of all officer and employee stock
options in the annual report of such issuer pursuant to
section 13(m)(5) of the Securities Exchange Act of
1934.''.
(b) Economic Impact Study.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Commerce and the Secretary of
Labor shall conduct and complete a joint study on the economic impact
of the mandatory expensing of all employee stock options, including the
impact upon--
(1) the use of broad-based stock option plans in expanding
employee corporate ownership to workers at a wide range of
income levels, with particular focus upon non-executive
employees;
(2) the role of such plans in the recruitment and retention
of skilled workers;
(3) the role of such plans in stimulating research and
innovation;
(4) the effect of such plans in stimulating the economic
growth of the United States; and
(5) the role of such plans in strengthening the
international competitiveness of businesses organized under the
laws of the United States.
SEC. 4. IMPROVED EMPLOYEE STOCK OPTION TRANSPARENCY AND REPORTING
DISCLOSURES.
(a) Enhanced Disclosures Required.--Not later than 180 days after
the date of enactment of this Act, the Commission shall, by rule,
require each issuer filing a periodic report under section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)) to
include in such report more detailed information regarding stock option
plans, stock purchase plans, and other arrangements involving an
employee acquisition of an equity interest in the company. Such
information shall include--
(1) a discussion, written in ``plain English'', in
accordance with the Plain English Handbook published by the
Office of Investor Education and Assistance of the Commission,
of the dilutive effect of stock option plans, including tables
or graphic illustrations of such dilutive effects;
(2) expanded disclosure of the dilutive effect of employee
stock options on the issuer's earnings per share;
(3) prominent placement and increased comparability and
uniformity of all stock option related information;
(4) the number of outstanding stock options;
(5) the weighted average exercise price of all outstanding
stock options; and
(6) the estimated number of stock options outstanding that
will vest in each year.
(b) Definitions.--As used in this section:
(1) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
(2) Issuer.--The term ``issuer'' has the meaning provided
in section 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7201(a)(7)).
(3) Equity interest.--The term ``equity interest'' includes
common stock, preferred stock, stock appreciation rights,
phantom stock, and any other security that replicates the
investment characteristics of such securities, and any right or
option to acquire any such security.
SEC. 5. PRESERVATION OF AUTHORITY.
Nothing in this Act shall be construed to limit the authority over
the setting of accounting principles by any accounting standard setting
body whose principles are recognized by the Securities and Exchange
Commission under section 19(b)(1) of the Securities Act of 1933 (15
U.S.C. 77s(b)(1)).
Passed the House of Representatives July 20, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Stock Option Accounting Reform Act - (Sec. 2) Amends the Securities Exchange Act of 1934 to require an issuer of registered securities to show as an expense in its annual report the fair value of all stock purchase options granted after December 31, 2004, to: (1) all individuals serving as the chief executive officer of an issuer, or acting in a similar capacity, during the most recent fiscal year, regardless of compensation level; and (2) the four most highly compensated executive officers (other than a chief executive officer) that were serving as executive officers of an issuer at the end of the most recent fiscal year ("named executive officer").
Defines the fair value of an option to purchase such stock.
Exempts small business issuers from the Act's requirement.
(Sec. 3) Amends the Securities Act of 1933 to prohibit the Securities and Exchange Commission (SEC) from recognizing as "generally accepted" any accounting principle relating to the expensing of stock options unless it complies with both: (1) specified expense recomputation requirements; and (2) a required joint study by the Secretaries of Commerce and of Labor of the economic impact of the mandatory expensing of employee stock options.
Requires the recomputation and re-reporting of the expense of a stock purchase option that is exercised, to equal the difference between the price of the underlying stock and the exercise price.
Requires the re-reporting as a reduction of the total expense originally required to be reported if the option expires or is forfeited.
(Sec. 4) Directs the SEC to require each issuer to include in its periodic report more detailed information regarding stock option plans, stock purchase plans, and other arrangements involving an employee acquisition of an equity interest in the company, including: (1) a discussion, written in accordance with the Plain English Handbook published by the SEC Office of Investor Education and Assistance on the dilutive effect of stock option plans; (2) expanded disclosure of the dilutive effect of employee stock options on the issuer's earnings per share; (3) prominent placement and increased comparability and uniformity of all stock option related information; (4) the number of outstanding stock options; (5) the weighted average exercise price of all outstanding stock options; and (6) the estimated number of stock options outstanding that will vest in each year. | {"src": "billsum_train", "title": "To require the mandatory expensing of stock options granted to executive officers, and for other purposes."} | 2,234 | 512 | 0.615735 | 1.884351 | 0.802653 | 5.250545 | 4.407407 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring the Social Security COLA
Act''.
SEC. 2. INCREASE IN MONTHLY CASH BENEFIT FOR ONE MONTH PAYABLE IN 2010.
(a) In General.--Except as provided in this section, each
individual who is entitled to a monthly cash benefit under a covered
Federal cash benefit program (as defined in subsection (b)) for the
month in which this Act is enacted and is also entitled to such benefit
for the applicable increase month (as defined in subsection (c)) shall
be entitled to an increase in such monthly cash benefit for the
applicable increase month in the amount of $250.
(b) Covered Federal Cash Benefit Program.--For purposes of this
section, the term ``covered Federal cash benefit program'' means a
Federal program providing--
(1) Social Security benefits (as defined in section 86(d)
of the Internal Revenue Code of 1986 (without regard to
paragraph (3) thereof)),
(2) benefits under chapter 11, 13, or 15 of title 38,
United States Code, or
(3) benefits under chapter 83 or 84 of title 5, United
States Code.
(c) Applicable Increase Month.--For purposes of this section, the
term ``applicable increase month'' means the first month beginning
after the earlier of--
(1) 120 days after the date of the enactment of this Act,
or
(2) November 30, 2010.
(d) Restriction of Increase to One Month.--Nothing in this section
shall affect the amount of a monthly cash benefit under any Federal
cash benefit program for any month other than the applicable increase
month.
(e) Notice.--Not later than the date of the monthly cash benefit to
each individual which reflects the benefit increase under this section,
the Secretary of the Treasury shall issue to such individual a written
notice which includes the following statement: ``Your monthly cash
benefit for ______ reflects a one-time increase in the monthly benefit
for that month of $250 which is in lieu of an annual cost-of-living
increase in benefits for 2010.'', with the blank space therein being
filled with a reference to the calendar month which is the applicable
increase month.
(f) Simultaneous Entitlements.--In any case in which an individual
is entitled to 2 or more monthly cash benefits under a covered Federal
cash benefit program for the applicable increase month, the increase
provided in subsection (a) shall apply to the total amount of such
benefits for the applicable increase month, after application of any
provision under such program providing for coordination of multiple
benefits for any month, in lieu of the amount of each benefit which is
so payable.
(g) Effect on Family Maximums.--The amount of the increase in
monthly cash benefits provided under subsection (a) in connection with
a covered Federal cash benefit program shall be disregarded in
determining reductions under such program in benefits under any
provision under such program providing for reductions in benefits based
on the same work record or in connection with family membership.
(h) Increase To Be Disregarded for Purposes of All Federal and
Federally Assisted Programs.--
(1) In general.--The increase under subsection (a) shall
not be regarded as income and shall not be regarded as a
resource for the applicable increase month and the following 9
months, for purposes of determining the eligibility of the
recipient (or the recipient's spouse or family) for benefits or
assistance, or the amount or extent of benefits or assistance,
under any Federal program or under any State or local program
financed in whole or in part with Federal funds.
(2) Federal retirement.--The increase under subsection (a)
shall not be taken into account--
(A) for purposes of applying section 8340(g) of
title 5, United States Code; or
(B) for purposes of any computation under section
8342(e) or 8424(f) of such title.
(i) Increase Not Considered Income for Purposes of Taxation.--The
increase under subsection (a) shall not be considered as gross income
for purposes of the Internal Revenue Code of 1986.
(j) Benefits Not Otherwise Payable.--Nothing in this section shall
be construed to provide, in connection with the increase under this
section of any monthly cash benefit under a covered Federal cash
benefit program, for a payment of any amount of such monthly cash
benefit to any individual if--
(1) such monthly cash benefit is not otherwise payable or
is suspended or reduced by reason of--
(A) confinement of the individual in a jail,
prison, or other penal institution or correctional
facility, confinement of the individual in an
institution at public expense, flight by the individual
to avoid criminal prosecution or custody or confinement
after conviction of a crime, or violation by the
individual of a condition of probation or parole, or
(B) failure of the individual to make child support
payments required under applicable law, or
(2) such individual is an alien who is not lawfully present
in the United States.
SEC. 3. FUNDING.
(a) In General.--Effective February 1, 2010, of the unobligated
balance of the discretionary appropriations made available by division
A of the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), there is rescinded the amount determined by the Director of the
Office of Management and Budget to be required to offset the increase
in spending resulting from the provisions of section 2.
(b) Application.--The rescission made by subsection (a) shall be
applied proportionately--
(1) to each discretionary account; and
(2) within each such account, to each program, project, and
activity (with programs, projects, and activities as delineated
in the appropriation Act or accompanying reports for the
relevant fiscal year covering such account, or for accounts not
included in an appropriation Act, as delineated in the most
recently submitted President's budget).
(c) OMB Report.--Not later than March 1, 2010, the Director of the
Office of Management and Budget shall submit to the House of
Representatives and the Senate a report specifying the reductions made
to each account, program, project, and activity pursuant to this
section. | Restoring the Social Security COLA Act - Authorizes an increase of $250 in Social Security, certain veterans, Civil Service Retirement (CSRS), and Federal Employees Retirement (FERS) benefits for one month in 2010 to compensate for the lack of a cost-of-living adjustment for that year.
Rescinds the unobligated balance of the discretionary appropriations made available by division A of the American Recovery and Reinvestment Act of 2009 in an amount determined by the Director of the Office of Management and Budget (OMB) to be required to offset the increase in spending resulting from such increase. | {"src": "billsum_train", "title": "To provide for an increase of $250 in benefits under certain Federal cash benefit programs for one month in 2010 to compensate for the lack of a cost-of-living adjustment for that year."} | 1,353 | 129 | 0.45332 | 1.237093 | 0.608533 | 3.954955 | 11.513514 | 0.873874 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Reauthorization Act
of 2000''.
SEC. 2. REAUTHORIZATION OF SMALL BUSINESS PROGRAMS.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended by adding at the end the following:
``(g) Fiscal Year 2001.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 2001:
``(A) For the programs authorized by this Act, the
Administration is authorized to make--
``(i) $50,000,000 in technical assistance
grants as provided in section 7(m); and
``(ii) $60,000,000 in direct loans, as
provided in 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $19,200,000,000 in
deferred participation loans and other financings. Of
such sum, the Administration is authorized to make--
``(i) $14,500,000,000 in general business
loans as provided in section 7(a);
``(ii) $4,000,000,000 in financings as
provided in section 7(a)(13) of this Act and
section 504 of the Small Business Investment
Act of 1958;
``(iii) $500,000,000 in loans as provided
in section 7(a)(21); and
``(iv) $200,000,000 in loans as provided in
section 7(m).
``(C) For the programs authorized by title III of
the Small Business Investment Act of 1958, the
Administration is authorized to make--
``(i) $2,500,000,000 in purchases of
participating securities; and
``(ii) $1,500,000,000 in guarantees of
debentures.
``(D) For the programs authorized by part B of
title IV of the Small Business Investment Act of 1958,
the Administration is authorized to enter into
guarantees not to exceed $4,000,000,000 of which not
more than $650,000,000 may be in bonds approved
pursuant to section 411(a)(3) of that Act.
``(E) The Administration is authorized to make
grants or enter cooperative agreements for a total
amount of $5,000,000 for the Service Corps of Retired Executives
program authorized by section 8(b)(1).
``(2) Additional authorizations.--
``(A) There are authorized to be appropriated to
the Administration for fiscal year 2001--
``(i) $14,000,000 for the direct
administration of the loan programs established
under sections 7(a) and 7(m) of this Act and
under title V of the Small Business Investment
Act of 1958; and
``(ii) $10,000,000 for the salaries and
expenses of the Investment Division established
in title II of the Small Business Investment
Act of 1958.
``(B) There are authorized to be appropriated to
the Administration for fiscal year 2001 such sums as
may be necessary to carry out the provisions of this
Act not elsewhere provided for, including
administrative expenses and necessary loan capital for
disaster loans pursuant to section 7(b), and to carry
out title IV of the Small Business Investment Act of
1958, including salaries and expenses of the
Administration.
``(C) Notwithstanding any other provision of this
paragraph, for fiscal year 2001--
``(i) no funds are authorized to be used as
loan capital for the loan program authorized by
section 7(a)(21) except by transfer from
another Federal department or agency to the
Administration, unless the program level
authorized for general business loans under
paragraph (1)(B)(i) is fully funded; and
``(ii) the Administration may not approve
loans on its own behalf or on behalf of any
other Federal department or agency, by contract
or otherwise, under terms and conditions other
than those specifically authorized under this
Act or the Small Business Investment Act of
1958, except that it may approve loans under
section 7(a)(21) of this Act in gross amounts
of not more than $1,250,000.
``(h) Fiscal Year 2002.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 2002:
``(A) For the programs authorized by this Act, the
Administration is authorized to make--
``(i) $70,000,000 in technical assistance
grants as provided in section 7(m); and
``(ii) $80,000,000 in direct loans, as
provided in 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $20,250,000,000 in
deferred participation loans and other financings. Of
such sum, the Administration is authorized to make--
``(i) $15,000,000,000 in general business
loans as provided in section 7(a);
``(ii) $4,500,000,000 in financings as
provided in section 7(a)(13) of this Act and
section 504 of the Small Business Investment
Act of 1958;
``(iii) $500,000,000 in loans as provided
in section 7(a)(21); and
``(iv) $250,000,000 in loans as provided in
section 7(m).
``(C) For the programs authorized by title III of
the Small Business Investment Act of 1958, the
Administration is authorized to make--
``(i) $3,500,000,000 in purchases of
participating securities; and
``(ii) $2,500,000,000 in guarantees of
debentures.
``(D) For the programs authorized by part B of
title IV of the Small Business Investment Act of 1958,
the Administration is authorized to enter into
guarantees not to exceed $5,000,000,000 of which not
more than $650,000,000 may be in bonds approved
pursuant to section 411(a)(3) of that Act.
``(E) The Administration is authorized to make
grants or enter cooperative agreements for a total
amount of $6,000,000 for the Service Corps of Retired
Executives program authorized by section 8(b)(1).
``(2) Additional authorizations.--
``(A) There are authorized to be appropriated to
the Administration for fiscal year 2002--
``(i) $16,000,000 for the direct
administration of the loan programs established
under sections 7(a) and 7(m) of this Act and
under title V of the Small Business Investment Act of 1958; and
``(ii) $11,000,000 for the salaries and
expenses of the Investment Division established
in title II of the Small Business Investment
Act of 1958.
``(B) There are authorized to be appropriated to
the Administration for fiscal year 2002 such sums as
may be necessary to carry out the provisions of this
Act not elsewhere provided for, including
administrative expenses and necessary loan capital for
disaster loans pursuant to section 7(b), and to carry
out title IV of the Small Business Investment Act of
1958, including salaries and expenses of the
Administration.
``(C) Notwithstanding any other provision of this
paragraph, for fiscal year 2002--
``(i) no funds are authorized to be used as
loan capital for the loan program authorized by
section 7(a)(21) except by transfer from
another Federal department or agency to the
Administration, unless the program level
authorized for general business loans under
paragraph (1)(B)(i) is fully funded; and
``(ii) the Administration may not approve
loans on its own behalf or on behalf of any
other Federal department or agency, by contract
or otherwise, under terms and conditions other
than those specifically authorized under this
Act or the Small Business Investment Act of
1958, except that it may approve loans under
section 7(a)(21) of this Act in gross amounts
of not more than $1,250,000.
``(i) Fiscal Year 2003.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 2003:
``(A) For the programs authorized by this Act, the
Administration is authorized to make--
``(i) $90,000,000 in technical assistance
grants as provided in section 7(m); and
``(ii) $100,000,000 in direct loans, as
provided in 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $21,800,000,000 in
deferred participation loans and other financings. Of
such sum, the Administration is authorized to make--
``(i) $16,000,000,000 in general business
loans as provided in section 7(a);
``(ii) $5,000,000,000 in financings as
provided in section 7(a)(13) of this Act and
section 504 of the Small Business Investment
Act of 1958;
``(iii) $500,000,000 in loans as provided
in section 7(a)(21); and
``(iv) $300,000,000 in loans as provided in
section 7(m).
``(C) For the programs authorized by title III of
the Small Business Investment Act of 1958, the
Administration is authorized to make--
``(i) $4,000,000,000 in purchases of
participating securities; and
``(ii) $3,000,000,000 in guarantees of
debentures.
``(D) For the programs authorized by part B of
title IV of the Small Business Investment Act of 1958,
the Administration is authorized to enter into
guarantees not to exceed $6,000,000,000 of which not
more than $650,000,000 may be in bonds approved
pursuant to section 411(a)(3) of that Act.
``(E) The Administration is authorized to make
grants or enter into cooperative agreements for a total
amount of $7,000,000 for the Service Corps of Retired
Executives program authorized by section 8(b)(1).
``(2) Additional authorizations.--
``(A) There are authorized to be appropriated to
the Administration for fiscal year 2003--
``(i) $17,000,000 for the direct
administration of the loan programs established
under sections 7(a) and 7(m) of this Act and
under title V of the Small Business Investment
Act of 1958; and
``(ii) $12,000,000 for the salaries and
expenses of the Investment Division established
in title II of the Small Business Investment
Act of 1958.
``(B) There are authorized to be appropriated to
the Administration for fiscal year 2003 such sums as
may be necessary to carry out the provisions of this
Act not elsewhere provided for, including
administrative expenses and necessary loan capital for
disaster loans pursuant to section 7(b), and to carry
out title IV of the Small Business Investment Act of
1958, including salaries and expenses of the
Administration.
``(C) Notwithstanding any other provision of this
paragraph, for fiscal year 2003--
``(i) no funds are authorized to be used as
loan capital for the loan program authorized by
section 7(a)(21) except by transfer from
another Federal department or agency to the
Administration, unless the program level
authorized for general business loans under
paragraph (1)(B)(i) is fully funded; and
``(ii) the Administration may not approve
loans on its own behalf or on behalf of any
other Federal department or agency, by contract
or otherwise, under terms and conditions other
than those specifically authorized under this
Act or the Small Business Investment Act of
1958, except that it may approve loans under
section 7(a)(21) of this Act in gross amounts
of not more than $1,250,000.''.
SEC. 3. ADDITIONAL REAUTHORIZATIONS.
(a) Small Business Development Centers Program.--Section
21(a)(4)(C)(iii)(III) of the Small Business Act (15 U.S.C.
648(a)(4)(C)(iii)(III)) is amended by striking ``$95,000,000'' and
inserting ``$125,000,000''.
(b) Drug-Free Workplace Program.--Section 27(g)(1) of the Small
Business Act (15 U.S.C. 654(g)(1)) is amended by striking ``$10,000,000
for fiscal years 1999 and 2000'' and inserting ``$5,000,000 for each of
fiscal years 2001 through 2003''.
(c) HUBZone Program.--Section 31 of the Small Business Act (15
U.S.C. 657a) is amended by adding at the end the following new
subsection:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program established by this section
$10,000,000 for each of fiscal years 2001 through 2003.''.
(d) Women's Business Enterprise Development Programs.--Section 411
of the Women's Business Ownership Act (Public Law 105-135; 15 U.S.C.
631 note) is amended by striking ``$600,000, for each of fiscal years
1998 through 2000,'' and inserting ``$1,000,000 for each of fiscal
years 2001 through 2003,''.
(e) Very Small Business Concerns Program.--Section 304(i) of the
Small Business Administration Reauthorization and Amendments Act of
1994 (Public Law 103-403; 15 U.S.C. 644 note) is amended by striking
``September 30, 2000'' and inserting ``September 30, 2003''.
(f) Socially and Economically Disadvantaged Businesses Program.--
Section 7102(c) of the Federal Acquisition Streamlining Act of 1994
(Public Law 103-355; 15 U.S.C. 644 note) is amended by striking
``September 30, 2000'' and inserting ``September 30, 2003''.
SEC. 4. LOAN APPLICATION PROCESSING.
(a) Study.--The Administrator of the Small Business Administration
shall conduct a study to determine the average time that the
Administration requires to process an application for each type of loan
or loan guarantee made under the Small Business Act (15 U.S.C. 631 et
seq.).
(b) Transmittal.--Not later than 1 year after the date of the
enactment of this section, the Administrator shall transmit to Congress
the results of the study conducted under paragraph (1).
Passed the House of Representatives March 15, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
By Martha C. Morris,
Deputy Clerk. | Amends the Act to: (1) increase the authorized annual amount for the small business development centers program; (2) adjust and extend through FY 2003 the authorization of appropriations for the drug-free workplace program; and (3) authorize appropriations for FY 2001 through 2003 for the HUBZone program.Amends the: (1) Women's Business Ownership Act to extend and increase the annual authorization of appropriations for women's business enterprise development programs; (2) Small Business Administration Reauthorization and Amendments Act of 1994 to extend through FY 2003 a pilot program to provide Federal contracting opportunities for very small businesses; and (3) Federal Acquisition Streamlining Act of 1994 to extend through FY 2003 a program for the participation of socially and economically disadvantaged businesses in certain Federal procurement contracting goals.Directs the Administrator of the Small Business Administration (SBA) to conduct and report to Congress on a study to determine the average time taken by the SBA to process an application for each type of loan guarantee made under the Small Business Act. | {"src": "billsum_train", "title": "Small Business Reauthorization Act of 2000"} | 3,030 | 215 | 0.447154 | 1.221418 | 0.740394 | 2.876923 | 14.389744 | 0.835897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Opportunity Zone Public Finance
Relief Act of 2005''.
SEC. 2. GULF TAX CREDIT BONDS.
(a) In General.--Subpart H of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 54A. CREDIT TO HOLDERS OF GULF TAX CREDIT BONDS.
``(a) Allowance of Credit.--If a taxpayer holds a Gulf tax credit
bond on one or more credit allowance dates of the bond occurring during
any taxable year, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to the sum
of the credits determined under subsection (b) with respect to such
dates.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a Gulf tax credit bond is 25 percent of the annual credit
determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any Gulf tax credit bond is the product of--
``(A) the credit rate determined by the Secretary
under paragraph (3) for the day on which such bond was
sold, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Determination.--For purposes of paragraph (2), with
respect to any Gulf tax credit bond, the Secretary shall
determine daily or cause to be determined daily a credit rate
which shall apply to the first day on which there is a binding,
written contract for the sale or exchange of the bond. The
credit rate for any day is the credit rate which the Secretary
or the Secretary's designee estimates will permit the issuance
of Gulf tax credit bonds with a specified maturity or
redemption date without discount and without interest cost to
the issuer.
``(4) Credit allowance date.--For purposes of this section,
the term `credit allowance date' means March 15, June 15,
September 15, and December 15. Such term also includes the last
day on which the bond is outstanding.
``(5) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed or matures.
``(c) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this part
(other than subpart C and this section).
``(d) Gulf Tax Credit Bond.--For purposes of this section--
``(1) In general.--The term `Gulf tax credit bond' means
any bond issued as part of an issue if--
``(A) the bond is issued by the State of Alabama,
Louisiana, or Mississippi,
``(B) 95 percent or more of the proceeds of such
issue are to be used to--
``(i) pay principal, interest, or premiums
on qualified bonds issued by such State or any
political subdivision of such State, or
``(ii) make a loan to any political
subdivision of such State to pay principal,
interest, or premiums on qualified bonds issued
by such political subdivision,
``(C) the Governor of such State designates such
bond for purposes of this section,
``(D) the bond is a general obligation of such
State and is in registered form (within the meaning of
section 149(a)),
``(E) the maturity of such bond does not exceed 2
years, and
``(F) the bond is issued after December 31, 2005,
and before January 1, 2007.
``(2) State matching requirement.--A bond shall not be
treated as a Gulf tax credit bond unless--
``(A) the issuer of such bond pledges as of the
date of the issuance of the issue an amount equal to
the face amount of such bond to be used for payments
described in clause (i) of paragraph (1)(B), or loans
described in clause (ii) of such paragraph, as the case
may be, with respect to the issue of which such bond is
a part, and
``(B) any such payment or loan is made in equal
amounts from the proceeds of such issue and from the
amount pledged under subparagraph (A).
The requirement of subparagraph (B) shall be treated as met
with respect to any such payment or loan made during the 1-year
period beginning on the date of the issuance (or any successor
1-year period) if such requirement is met when applied with
respect to the aggregate amount of such payments and loans made
during such period.
``(3) Aggregate limit on bond designations.--The maximum
aggregate face amount of bonds which may be designated under
this section by the Governor of a State shall not exceed--
``(A) $200,000,000 in the case of the State of
Louisiana,
``(B) $100,000,000 in the case of the State of
Mississippi, and
``(C) $50,000,000 in the case of the State of
Alabama.
``(4) Special rules relating to arbitrage.--A bond which is
part of an issue shall not be treated as a Gulf tax credit bond
unless, with respect to the issue of which the bond is a part,
the issuer satisfies the arbitrage requirements of section 148
with respect to proceeds of the issue and any loans made with
such proceeds.
``(e) Qualified Bond.--For purposes of this section--
``(1) In general.--The term `qualified bond' means any
obligation of a State or political subdivision thereof which
was outstanding on August 28, 2005.
``(2) Exception for private activity bonds.--Such term
shall not include any private activity bond.
``(3) Exception for advance refundings.--Such term shall
not include any bond--
``(A) which is designated as an advance refunding
bond under section 149(d)(7), or
``(B) with respect to which there is any
outstanding bond to refund such bond.
``(f) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (c)) and the amount so
included shall be treated as interest income.
``(g) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Bond.--The term `bond' includes any obligation.
``(2) partnership; s corporation; and other pass-thru
entities.--
``(A) In general.--Under regulations prescribed by
the Secretary, in the case of a partnership, trust, S
corporation, or other pass-thru entity, rules similar
to the rules of section 41(g) shall apply with respect
to the credit allowable under subsection (a).
``(B) No basis adjustment.--In the case of a bond
held by a partnership or an S corporation, rules
similar to the rules under section 1397E(i) shall
apply.
``(3) Bonds held by regulated investment companies.--If any
Gulf tax credit bond is held by a regulated investment company,
the credit determined under subsection (a) shall be allowed to
shareholders of such company under procedures prescribed by the
Secretary.
``(4) Reporting.--Issuers of Gulf tax credit bonds shall
submit reports similar to the reports required under section
149(e).''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 54(c) of such Code is amended
by inserting ``, section 54A,'' after ``subpart C''.
(2) Subparagraph (A) of section 6049(d)(8) of such Code is
amended--
(A) by inserting ``or 54A(f)'' after ``section
54(g)'', and
(B) by inserting ``or 54A(b)(4), as the case may
be'' after ``section 54(b)(4)''.
(3) The table of sections for subpart H of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 54A. Credit to holders of Gulf tax credit bonds.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2005.
SEC. 3. ADVANCE REFUNDINGS OF CERTAIN TAX-EXEMPT BONDS.
(a) In General.--Subsection (d) of section 149 of the Internal
Revenue Code of 1986 (relating to advance refundings) is amended by
redesignating paragraph (7) as paragraph (8) and by inserting after
paragraph (6) the following new paragraph:
``(7) Advance refundings of certain gulf coast bonds.--
``(A) In general.--With respect to a bond described
in subparagraph (C) which is not a qualified 501(c)(3)
bond, one additional advance refunding after the date
of the enactment of this paragraph and before January
1, 2011, shall be allowed under the applicable rules of
this subsection if--
``(i) the Governor of the State designates
the advance refunding bond for purposes of this
paragraph, and
``(ii) the requirements of subparagraph (E)
are met.
``(B) Certain private activity bonds.--With respect
to a bond described in subparagraph (C) which is an
exempt facility bond described in paragraph (1) or (2)
of section 142(a), one advance refunding after the date
of the enactment of this paragraph and before January
1, 2011, shall be allowed under the applicable rules of
this subsection (notwithstanding paragraph (2)) if the
requirements of clauses (i) and (ii) of subparagraph
(A) are met.
``(C) Bonds described.--A bond is described in this
subparagraph if such bond was outstanding on August 28,
2005, and is issued by the State of Alabama, Louisiana,
or Mississippi, or a political subdivision thereof.
``(D) Aggregate limit.--The maximum aggregate face
amount of bonds which may be designated under this
paragraph by the Governor of a State shall not exceed--
``(i) $4,500,000,000 in the case of the
State of Louisiana,
``(ii) $2,250,000,000 in the case of the
State of Mississippi, and
``(iii) $1,125,000,000 in the case of the
State of Alabama.
``(E) Additional requirements.--The requirements of
this subparagraph are met with respect to any advance
refunding of a bond described in subparagraph (C) if--
``(i) no advance refundings of such bond
would be allowed under this title on or after
August 28, 2005,
``(ii) the advance refunding bond is the
only other outstanding bond with respect to the
refunded bond, and
``(iii) the requirements of section 148 are
met with respect to all bonds issued under this
paragraph.''.
(b) Effective Date.--The amendments made by this section shall
apply to advance refundings after the date of the enactment of this
Act.
SEC. 4. FEDERAL GUARANTEE OF CERTAIN STATE BONDS.
(a) State Bonds Described.--This section shall apply to a bond
issued as part of an issue if--
(1) the issue of which such bond is part is an issue of the
State of Alabama, Louisiana, or Mississippi,
(2) the bond is a general obligation of the issuing State
and is in registered form,
(3) the proceeds of the bond are distributed to one or more
political subdivisions of the issuing State,
(4) the maturity of such bond does not exceed 5 years,
(5) the bond is issued after the date of the enactment of
this Act and before January 1, 2008, and
(6) the bond is designated by the Secretary of the Treasury
for purposes of this section.
(b) Application.--
(1) In general.--The Secretary of the Treasury may only
designate a bond for purposes of this section pursuant to an
application submitted to the Secretary by the State which
demonstrates the need for such designation on the basis of the
criteria specified in paragraph (2).
(2) Criteria.--For purposes of paragraph (1), the criteria
specified in this paragraph are--
(A) the loss of revenue base of one or more
political subdivisions of the State by reason of
Hurricane Katrina,
(B) the need for resources to fund infrastructure
within, or operating expenses of, any such political
subdivision,
(C) the lack of access of such political
subdivision to capital, and
(D) any other criteria as may be determined by the
Secretary.
(3) Guidance for submission and consideration of
applications.--The Secretary of the Treasury shall prescribe
regulations or other guidance which provide for the time and
manner for the submission and consideration of applications
under this subsection.
(c) Federal Guarantee.--A bond described in subsection (a) is
guaranteed by the United States in an amount equal to 50 percent of the
outstanding principal with respect to such bond.
(d) Aggregate Limit on Bond Designations.--The maximum aggregate
face amount of bonds which may be issued under this section shall not
exceed $3,000,000,000.
Passed the House of Representatives November 16, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Gulf Opportunity Zone Public Finance Relief Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for investment in Gulf tax credit bonds. Defines a"Gulf tax credit bond" as any bond: (1) that is issued by Alabama, Louisiana, or Mississippi after December 31, 2005, and before January 1, 2007; (2) 95 percent of the proceeds of which are used to refinance existing bonds or make loans to localities for such refinancing; and (3) the maturity of which does not exceed two years. Requires states issuing Gulf tax credit bonds to pledge matching amounts equal to the face amount of such bonds.
Limits the amount of eligible Gulf tax credit bonds to $200 billion for Louisiana, $100 billion for Mississippi, and $50 billion for Alabama.
Allows for one additional advance refunding of outstanding bond obligations of Alabama, Louisiana, or Mississippi until December 31, 2010. Limits the amount of bonds eligible for an advance refunding to $4.5 billion for Louisiana, $2.25 billion for Mississippi, and $1.125 billion for Alabama.
Provides for federal guarantees of up to $3 billion of the bonds issued by Alabama, Louisiana, or Mississippi before January 1, 2008, for the purpose of restoring lost revenue and funding infrastructure in areas affected by Hurricane Katrina. Limits such guarantee to 50% of bond principal. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for Gulf tax credit bonds and advance refundings of certain tax-exempt bonds, and to provide a Federal guarantee of certain State bonds."} | 3,081 | 278 | 0.544952 | 1.575885 | 0.664356 | 2.503817 | 11.015267 | 0.832061 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the New Bedford National Historic Landmark District and
associated historic sites as described in section 3(b) of this
Act, including the Schooner Ernestina, are National Historic
Landmarks and are listed on the National Register of Historic
Places as historic sites associated with the history of whaling
in the United States;
(2) the city of New Bedford was the 19th century capital of
the world's whaling industry and retains significant
architectural features, archival materials, and museum
collections illustrative of this period;
(3) New Bedford's historic resources provide opportunities
for illustrating and interpreting the whaling industry's
contribution to the economic, social, and environmental history
of the United States and provide opportunities for public use
and enjoyment; and
(4) the National Park System presently contains no sites
commemorating whaling and its contribution to American history.
(b) Purposes.--The purposes of this Act are--
(1) to preserve, protect, and interpret the resources
within the areas described in section 3(b) of this Act,
including architecture, setting, and associated archival and
museum collections;
(2) to collaborate with the city of New Bedford and with
local historical, cultural, and preservation organizations to
further the purposes of the park established under this Act;
and
(3) to provide opportunities for the inspirational benefit
and education of the American people.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) The term ``park'' means the New Bedford Whaling
National Historical Park established by section 3.
(2) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.
(a) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national historical
park certain districts, structures, and relics located in New Bedford,
Massachusetts, and associated with the history of whaling and related
social and economic themes in America, there is established the New
Bedford Whaling National Historical Park.
(b) Boundaries.--(1) The boundaries of the park shall be those
generally depicted on the map numbered NAR-P49-80000-4 and dated June
1994. Such map shall be on file and available for public inspection in
the appropriate offices of the National Park Service. The park shall
include the following:
(A) The area included within the New Bedford National
Historic Landmark District, known as the Bedford Landing
Waterfront Historic District, as listed within the National
Register of Historic Places and in the Massachusetts State
Register of Historic Places.
(B) The National Historic Landmark Schooner Ernestina, with
its home port in New Bedford.
(C) The land along the eastern boundary of the New Bedford
National Historic Landmark District over to the east side of
MacArthur Drive from the Route 6 overpass on the north to an
extension of School Street on the south.
(D) The land north of Elm Street in New Bedford, bounded by
Acushnet Avenue on the west, Route 6 (ramps) on the north,
MacArthur Drive on the east, and Elm Street on the south.
In case of any conflict between the descriptions set forth in
subparagraphs (A) through (D) and the map referred to in this
subsection, the map shall govern.
(2) In addition to the sites, areas and relics referred to in
paragraph (1), the Secretary may assist in the interpretation and
preservation of each of the following:
(A) The southwest corner of the State Pier.
(B) Waterfront Park, immediately south of land adjacent to
the State Pier.
(C) The Rotch-Jones-Duff House and Garden Museum, located
at 396 County Street.
(D) The Wharfinger Building, located on Piers 3 and 4.
(E) The Bourne Counting House, located on Merrill's Wharf.
SEC. 4. ADMINISTRATION OF PARK.
(a) In General.--The park shall be administered by the Secretary in
accordance with this Act and the provisions of law generally applicable
to units of the national park system, including the Act entitled ``An
Act to establish a National Park Service, and for other purposes'',
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and
the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).
(b) Cooperative Agreements.--(1) The Secretary may consult and
enter into cooperative agreements with interested entities and
individuals to provide for the preservation, development,
interpretation, and use of the park.
(2) Funds authorized to be appropriated to the Secretary for the
purposes of this subsection shall be expended in the ratio of one
dollar of Federal funds for each dollar of funds contributed by non-
Federal sources. For the purposes of this subsection, the Secretary is
authorized to accept from non-Federal sources, and to utilize for
purposes of this Act, any money so contributed. With the approval of
the Secretary, any donation of land, services, or goods from a non-
Federal source may be considered as a contribution of funds from a non-
Federal source for the purposes of this subsection.
(3) Any payment made by the Secretary pursuant to a cooperative
agreement under this subsection shall be subject to an agreement that
conversion, use, or disposal of the project so assisted for purposes
contrary to the purposes of this Act, as determined by the Secretary,
shall result in a right of the United States to reimbursement of all
funds made available to such project or the proportion of the increased
value of the project attributable to such funds as determined at the
time of such conversion, use, or disposal, whichever is greater.
(c) Limitation on Funds.--Funds authorized to be appropriated to
the Secretary for operation and maintenance of the schooner Ernestina
may not exceed 50 percent of the total costs of such operation and
maintenance and may not exceed $300,000 annually.
(d) Acquisition of Real Property.--The Secretary may acquire, for
the purposes of the park, by donation, exchange, lease or purchase with
donated or appropriated funds, lands, interests in lands, and
improvements thereon within the park except that (1) lands, and
interests in lands, within the boundaries of the park which are owned
by the State of Massachusetts or any political subdivision thereof, may
be acquired only by donation, and (2) lands, and interests in lands,
within the boundaries of the park which are not owned by the State of
Massachusetts or any political subdivision thereof may be acquired only
with the consent of the owner thereof unless the Secretary determines,
after written notice to the owner and after opportunity for comment,
that the property is being developed, or proposed to be developed, in a
manner which is detrimental to the integrity of the park or which is
otherwise incompatible with the purposes of this Act.
(e) Other Property, Funds, and Services.--The Secretary may accept
donated funds, property, and services to carry out this Act.
SEC. 5. GENERAL MANAGEMENT PLAN.
Not later than the end of the second fiscal year beginning after
the date of enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a general
management plan for the park and shall implement such plan. The plan
shall be prepared in accordance with section 12(b) of the Act of August
18, 1970 (16 U.S.C. 1a-7(b)) and other applicable law.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, but not more than $10,400,000 is
authorized to be appropriated for construction, acquisition,
restoration, and rehabilitation of visitor and interpretative
facilities.
Passed the House of Representatives August 1, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
103d CONGRESS
2d Session
H. R. 3898
_______________________________________________________________________
AN ACT
To establish the New Bedford Whaling National Historical Park in New
Bedford, Massachusetts, and for other purposes. | Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts. Requires expenditures to consist of non-Federal funds matching Federal funds. Limits expenditures for operation and maintenance of the Schooner Ernestina.
Requires the Secretary of the Interior to submit to specified congressional committees a general management plan for the Park and to implement such plan. Authorizes appropriations. Limits authorizations for visitor and interpretive facilities. | {"src": "billsum_train", "title": "To establish the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, and for other purposes."} | 1,815 | 104 | 0.534193 | 1.398526 | 0.56944 | 3.435897 | 22.551282 | 0.769231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Access to Justice for Victims
of Gun Violence Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds as follows:
(1) The Protection of Lawful Commerce in Arms Act (in this
subsection referred to as the ``PLCAA'') was enacted with the
express purpose of prohibiting ``causes of action against
manufacturers, distributors, dealers, and importers of firearms
or ammunition products, and their trade associations, for the
harm solely caused by the criminal or unlawful misuse of
firearm products or ammunition products by others when the
product functioned as designed and intended.''.
(2) The intent of the PLCAA was to bar a narrow category of
lawsuits holding gun industry entities liable for damages
solely on the basis of selling a product that was used in
crime.
(3) The chief sponsor of PLCAA stated during floor debate,
``This legislation will not bar the courthouse doors to victims
who have been harmed by the negligence or misdeeds of anyone in
the gun industry. . . . If manufacturers or dealers break the
law or commit negligence, they are still liable.''.
(4) It was not the intent of the Congress in the PLCAA to
protect gun or ammunition manufacturers or sellers who failed
to exercise reasonable care for health and safety in the
design, marketing, and sale of their products.
(5) Federal and State courts have read the PLCAA contrary
to its intent, and dismissed civil lawsuits based on
negligence, product defect, and other causes of action that are
well established in statute and common law principles.
(6) This special protection from civil liability enjoyed by
the firearm industry is not only contrary to the congressional
intent of the PLCAA, but also contrary to public safety, and
unique among industries in the United States.
(7) As Congress intended in the PLCAA, the firearm industry
should not be held liable solely because a product they made or
sold was used in crime, if those companies did not engage in
negligent or otherwise tortious conduct. However, as Congress
also intended in the PLCAA, State or Federal courts should not
be barred from applying State common or statutory law to impose
liability on industry participants who, through their negligent
conduct or defective product, cause an injury in which unlawful
activity was also a cause.
(8) As most firearms dealers are responsible businesspeople
who do not engage in negligent sales practices, 86 percent of
firearms dealers sell no guns that are subsequently used in
crimes, and 1.2 percent of firearms dealers sell 57 percent of
crime guns, the overwhelming majority of dealers need no
special protection from liability for damages resulting from
the criminal use of guns.
(9) Allowing victims of gun violence to pursue civil
actions in State and Federal courts against the firearm
industry on the basis of negligent behavior serves the
interests of justice and fosters the adoption of responsible
business practices likely to reduce the incidence of firearm
deaths.
(10) The Second Amendment rights of law-abiding citizens
are not infringed by allowing State and Federal courts to
impose generally applicable principles of civil justice law to
negligent industry participants.
(b) Purposes.--The purposes of this Act are as follows:
(1) To ensure that those injured by firearms have access to
the same civil remedies as those injured by any other product
and are not restricted from bringing suits based on statutes
and common law theories of liability in State and Federal
court.
(2) To allow plaintiffs to discover and introduce evidence,
including gun trace evidence, into State and Federal courts
where appropriate.
SEC. 3. EQUAL ACCESS TO CIVIL REMEDIES FOR VICTIMS OF GUN VIOLENCE.
(a) In General.--An action against a manufacturer, seller, or trade
association for damages or relief resulting from an alleged defect or
alleged negligence with respect to a product, or conduct that would be
actionable under State common or statutory law in the absence of the
Protection of Lawful Commerce in Arms Act, shall not be dismissed by a
court on the basis that the action is for damages resulting from, or
for relief from, the criminal, unlawful, or volitional use of a
qualified product.
(b) Definitions.--In subsection (a), the terms ``manufacturer'',
``seller'', ``trade association'', and ``qualified product'' shall have
the meanings given the terms in section 4 of the Protection of Lawful
Commerce in Arms Act.
(c) Applicability.--Subsection (a) shall apply to actions brought
before, on, or after the date of the enactment of this Act.
SEC. 4. DISCOVERABILITY AND ADMISSIBILITY OF GUN TRACE INFORMATION IN
CIVIL PROCEEDINGS.
The contents of the Firearms Trace System database maintained by
the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms
and Explosives shall not be immune from legal process, shall be subject
to subpoena or other discovery, shall be admissible as evidence, and
may be used, relied on, or disclosed in any manner, and testimony or
other evidence may be permitted based on the data, on the same basis as
other information, in a civil action in any State (including the
District of Columbia) or Federal court or in an administrative
proceeding. | Equal Access to Justice for Victims of Gun Violence Act - Prohibits a court from dismissing an action against a manufacturer, seller, or trade association for damages or relief resulting from an alleged defect or negligence with respect to a product, or conduct that would be actionable under state common or statutory law in the absence of the Protection of Lawful Commerce in Arms Act, on the basis that the action is for damages or relief from the criminal, unlawful, or volitional use of a qualified product. Makes the contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) subject to subpoena or other discovery and admissible as evidence. Permits such contents to be used, relied on, or disclosed, and permits testimony or other evidence to be based on the data, on the same basis as other information in a civil action in any state or federal court or in an administrative proceeding. | {"src": "billsum_train", "title": "Equal Access to Justice for Victims of Gun Violence Act"} | 1,193 | 226 | 0.425719 | 1.503213 | 0.934326 | 7.672131 | 5.983607 | 0.961749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Restoration Act''.
SEC. 2. GULF COAST ECOSYSTEM RESTORATION.
(a) Definitions.--In this section:
(1) Chair.--The term ``Chair'' means the Chair of the Task
Force appointed under subsection (d)(3).
(2) State coastal ecosystem restoration plan.--The term
``State Coastal Ecosystem Restoration Plan'' means a plan
submitted under subsection (c) by a qualifying State to the
Task Force.
(3) Fund.--The term ``Fund'' means the Gulf Coast Ecosystem
Restoration Fund established by subsection (b)(2)(A).
(4) Governors.--The term ``Governors'' means the Governors
of each of the States of Alabama, Florida, Louisiana,
Mississippi, and Texas.
(5) Gulf coast ecosystem.--The term ``Gulf Coast
ecosystem'' means the coastal zones, as determined pursuant to
the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.), of the States of Alabama, Florida, Louisiana,
Mississippi, and Texas and adjacent State waters and areas of
the outer Continental Shelf, adversely impacted by the blowout
and explosion of the mobile offshore drilling unit Deepwater
Horizon that occurred on April 20, 2010, and resulting
hydrocarbon releases into the environment.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Qualifying state.--The term ``qualifying State'' means
each of the States of Alabama, Florida, Louisiana, Mississippi,
and Texas.
(8) Task force.--The term ``Task Force'' means the Gulf
Coast Ecosystem Restoration Task Force established by
subsection (d).
(b) Gulf Coast Ecosystem Restoration.--
(1) In general.--In accordance with this section, the Chair
shall review and approve or disapprove State Coastal Ecosystem
Restoration Plans submitted by the Governors that provide for
restoration activities with respect to the Gulf Coast
ecosystem.
(2) Gulf coast ecosystem restoration fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund to be known as the
``Gulf Coast Ecosystem Restoration Fund''.
(B) Transfers to fund.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall
deposit into the Fund amounts equal to not less than 80
percent of any amounts collected by the United States
as penalties, settlements, or fines under sections 309
and 311 of the Federal Water Pollution Control Act (33
U.S.C. 1319, 1321) in relation to the blowout and
explosion of the mobile offshore drilling unit
Deepwater Horizon that occurred on April 20, 2010, and
resulting hydrocarbon releases into the environment.
(C) Authorized uses.--The Fund shall be available
to the Chair for the conservation, protection, and
restoration of the Gulf Coast ecosystem in accordance
with State Coastal Ecosystem Restoration Plans
submitted by the Governors and approved by the Chair
under this section.
(3) Disbursement.--The Chair shall disburse to each
qualifying State for which the Chair has approved a State
Coastal Ecosystem Restoration Plan under this section such
funds as are allocated to the qualifying State under this
section.
(4) Use of funds by qualifying state.--A qualifying State
shall use all amounts received under this section, including
any amount deposited in a trust fund that is administered by
the State and dedicated to uses consistent with this section,
in accordance with all applicable Federal and State law, only
for 1 or more of the following purposes:
(A) Projects and activities for the conservation,
protection, or restoration of coastal areas, including
wetlands.
(B) Mitigation of damage to fish, wildlife, or
natural resources.
(C) Planning assistance and the administrative
costs of complying with this section.
(D) Implementation of a federally approved marine,
coastal, or comprehensive conservation management plan.
(c) State Coastal Ecosystem Restoration Plan.--
(1) Submission of state plans.--
(A) In general.--Not later than October 1, 2011,
the Governor of a qualifying State shall submit to the
Chair a State Coastal Ecosystem Restoration Plan.
(B) Public participation.--In carrying out
subparagraph (A), the Governor shall solicit local
input and provide for public participation in the
development of the plan.
(2) Approval.--
(A) In general.--The Chair must approve a plan of a
qualifying State submitted under paragraph (1) before
disbursing any amount to the qualifying State under
this section.
(B) Required components.--The Chair shall approve a
plan submitted by a qualifying State under paragraph
(1) if--
(i) the Chair determines that the plan is
consistent with the uses described in
subsection (b); and
(ii) the plan contains--
(I) the name of the State agency
that will have the authority to
represent and act on behalf of the
State in dealing with the Secretary for
purposes of this section;
(II) a program for the
implementation of the plan that
describes how the amounts provided
under this section to the qualifying
State will be used; and
(III) a certification by the
Governor that ample opportunity has
been provided for public participation
in the development and revision of the
plan.
(3) Amendments.--Any amendment to a plan submitted under
paragraph (1) shall be--
(A) developed in accordance with this subsection;
and
(B) submitted to the Chair for approval or
disapproval under paragraph (4).
(4) Procedure.--Not later than 60 days after the date on
which a plan or amendment to a plan is submitted under
paragraph (1) or (3), respectively, the Chair shall approve or
disapprove the plan or amendment.
(d) Gulf Coast Ecosystem Restoration Task Force.--
(1) Establishment.--There is established the Gulf Coast
Ecosystem Restoration Task Force.
(2) Membership.--The Task Force shall consist of the
following members, or in the case of a Federal agency, a
designee at the level of Assistant Secretary or the equivalent:
(A) The Secretary.
(B) The Secretary of Commerce.
(C) The Secretary of the Army.
(D) The Attorney General.
(E) The Secretary of Homeland Security.
(F) The Administrator of the Environmental
Protection Agency.
(G) The Commandant of the Coast Guard.
(H) The Secretary of Transportation.
(I) The Secretary of Agriculture.
(J) A representative of each affected Indian tribe,
appointed by the Secretary based on the recommendations
of the tribal chairman.
(K) Two representatives of each of the States of
Alabama, Florida, Louisiana, Mississippi, and Texas,
appointed by the Governor of each State, respectively.
(L) Two representatives of local government within
each of the States of Alabama, Florida, Louisiana,
Mississippi, and Texas, appointed by the Governor of
each State, respectively.
(3) Chair.--The Chair of the Task Force shall be appointed
by the President from among the members under paragraph (2) who
are Federal officials.
(4) Duties of the task force.--The Task Force shall--
(A) consult with, and provide recommendations to,
the Chair regarding the approval of State Coastal
Ecosystem Restoration Plans;
(B) coordinate scientific and other research
associated with restoration of the Gulf Coast
ecosystem; and
(C) submit an annual report to Congress that
summarizes the State Coastal Ecosystem Restoration
Plans submitted by the Governors and approved by the
Chair.
(5) Application of the federal advisory committee act.--The
Task Force shall not be considered an advisory committee under
the Federal Advisory Committee Act (5 U.S.C. App.). | Gulf Coast Restoration Act - Establishes the Gulf Coast Ecosystem Restoration Task Force, which shall: (1) consult with, and provide recommendations to, the Chair of the Task Force regarding approval of State Coastal Ecosystem Restoration Plans submitted by the governors of Alabama, Florida, Louisiana, Mississippi, and Texas providing for restoration activities the Gulf Coast ecosystem adversely impacted by the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon on April 20, 2010; (2) coordinate scientific and other research associated with restoration of such ecosystem; and (3) submit an annual report to Congress that summarizes the Plans approved by the Chair.
Establishes in the Treasury the Gulf Coast Ecosystem Restoration Fund. Directs the Secretary of the Treasury to deposit into the Fund sums equal to not less than 80% of any amounts collected by the United States as penalties, settlements, or fines under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in relation to the Deepwater Horizon explosion and resulting hydrocarbon releases into the environment. Makes the Fund available for the conservation, protection, and restoration of the Gulf Coast ecosystem in accordance with approved Plans.
Requires the governors of such states to: (1) submit a Plan to the Chair by October 1, 2011; and (2) solicit local input and provide for public participation in the development of the Plan.
Requires the Chair to disburse amounts from such Fund to such a state for which the Chair has approved a Plan only for: (1) projects and activities for the conservation, protection, or restoration of coastal areas, including wetlands; (2) mitigation of damage to fish, wildlife, or natural resources; (3) planning assistance and the administrative costs of complying with this Act; and/or (4) implementation of a federally approved marine, coastal, or comprehensive conservation management plan. | {"src": "billsum_train", "title": "To provide for restoration of the coastal areas of the Gulf of Mexico affected by the Deepwater Horizon oil spill, and for other purposes."} | 1,663 | 383 | 0.725966 | 2.253458 | 0.830817 | 4.751397 | 4.399441 | 0.963687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Spamming Act of 2001''.
SEC. 2. PROTECTION FROM FRAUDULENT UNSOLICITED
E-MAIL.
Section 1030 of title 18, United States Code, is amended--
(1) in subsection (a)(5)--
(A) by striking ``or'' at the end of subparagraph
(B); and
(B) by inserting after subparagraph (C) the
following:
``(D) intentionally and without authorization initiates the
transmission of a bulk unsolicited electronic mail message to a
protected computer with knowledge that such message falsifies
an Internet domain, header information, date or time stamp,
originating e-mail address, or other identifier; or
``(E) intentionally sells or distributes any computer
program that--
``(i) is designed or produced primarily for the
purpose of concealing the source or routing information
of bulk unsolicited electronic mail messages in a
manner prohibited by subparagraph (D) of this
paragraph;
``(ii) has only limited commercially significant
purpose or use other than to conceal such source or
routing information; or
``(iii) is marketed by the violator or another
person acting in concert with the violator and with the
violator's knowledge for use in concealing the source
or routing information of such messages'';
(2) in subsection (c)(2)(A)--
(A) by inserting ``(i)'' after ``in the case of an
offense''; and
(B) by inserting after ``an offense punishable
under this subparagraph;'' the following: ``or (ii)
under subsection (a)(5)(D) or (a)(5)(E) of this section
which results in damage to a protected computer'';
(3) in subsection (c)(2)--
(A) by adding at the end the following:
``(D) in the case of a violation of subsection (a)(5) (D)
or (E), actual monetary loss and statutory damages of $15,000
per violation or an amount of up to $10 per message per
violation whichever is greater; and''; and
(B) by striking ``and'' at the end of subparagraph
(A);
(4) in subsection (e)--
(A) by striking ``and'' at the end of paragraph
(8);
(B) by striking the period at the end of paragraph
(9); and
(C) by adding at the end the following:
``(10) the term `initiates the transmission' means, in the
case of an electronic mail message, to originate the electronic
mail message, and excludes the actions of any interactive
computer service whose facilities or services are used by
another person to transmit, relay, or otherwise handle such
message;
``(11) the term `Internet domain' means a specific computer
system (commonly referred to as a `host') or collection of
computer systems attached to or able to be referenced from the
Internet which are assigned a specific reference point on the
Internet (commonly referred to as an `Internet domain name')
and registered with an organization recognized by the Internet
industry as a registrant of Internet domains;
``(12) the term `unsolicited electronic mail message' means
any substantially identical electronic mail message other than
electronic mail initiated by any person to others with whom
such person has a prior relationship, including prior business
relationship, or electronic mail sent by a source to recipients
where such recipients, or their designees, have at any time
affirmatively requested to receive communications from that
source; and
``(13) the term `Internet' means all computer and
telecommunications facilities, including equipment and
operating software, which comprise the interconnected network
of networks that employ the Transmission Control Protocol/
Internet Protocol, or any predecessor or successor protocols to
such protocol, to communicate information of all kinds by wire
or radio.''; and
(5) in subsection (g), by inserting ``and reasonable
attorneys' fees and other litigation costs reasonably incurred
in connection with the civil action'' after ``injunctive relief
or other equitable relief''.
107th CONGRESS
1st Session
H. R.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
Mr. introduced the following bill; which was referred to the
Committee on
_______________________________________________________________________
A BILL
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, | Anti-Spamming Act of 2001 - Amends the Federal criminal code to make it unlawful for anyone to intentionally: (1) and without authorization initiate the transmission of a bulk unsolicited electronic mail (e-mail) message to a protected computer with knowledge that such message falsifies an Internet domain or other identifier; or (2) sell or distribute any computer program that is designed to conceal the source or routing information of such e-mail, has only limited commercial use otherwise, or is marketed for use in concealing such information. Provides civil penalties. Allows attorneys' fees and other litigation costs as part of civil relief from such violations. | {"src": "billsum_train", "title": "To prohibit the unsolicited e-mail known as \"spam\"."} | 1,029 | 140 | 0.611131 | 1.860568 | 0.688768 | 3.073171 | 8.723577 | 0.878049 |
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--OCCUPATIONAL SAFETY AND HEALTH SMALL BUSINESS DAY IN COURT ACT
OF 2005
Sec. 101. Short title.
Sec. 102. Contesting citations under the Occupational Safety and Health
Act of 1970.
Sec. 103. Effective date.
TITLE II--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION EFFICIENCY
ACT OF 2005
Sec. 201. Short title.
Sec. 202. Occupational Safety and Health Review Commission.
TITLE III--OCCUPATIONAL SAFETY AND HEALTH INDEPENDENT REVIEW OF OSHA
CITATIONS ACT OF 2005
Sec. 301. Short title.
Sec. 302. Independent review.
TITLE IV--OCCUPATIONAL SAFETY AND HEALTH SMALL EMPLOYER ACCESS TO
JUSTICE ACT OF 2005
Sec. 401. Short title.
Sec. 402. Award of attorneys' fees and costs.
TITLE I--OCCUPATIONAL SAFETY AND HEALTH SMALL BUSINESS DAY IN COURT ACT
OF 2005
SEC. 101. SHORT TITLE.
This title may be cited as the ``Occupational Safety and Health
Small Business Day in Court Act of 2005''.
SEC. 102. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY AND HEALTH
ACT OF 1970.
Section 10 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 659) is amended--
(1) in the second sentence of subsection (a), by inserting
after ``assessment of penalty'' the following: ``(unless such
failure results from mistake, inadvertence, surprise, or
excusable neglect)''; and
(2) in the second sentence of subsection (b), by inserting
after ``assessment of penalty'' the following: ``(unless such
failure results from mistake, inadvertence, surprise, or
excusable neglect)''.
SEC. 103. EFFECTIVE DATE.
The amendments made by this title shall apply to a citation or
proposed assessment of penalty issued by the Occupational Safety and
Health Administration that is issued on or after the date of the
enactment of this title.
TITLE II--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION EFFICIENCY
ACT OF 2005
SEC. 201. SHORT TITLE.
This title may be cited as the ``Occupational Safety and Health
Review Commission Efficiency Act of 2005''.
SEC. 202. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.
(a) Increase in Number of Members and Criteria for Membership.--
Section 12 of the Occupational Safety and Health Act of 1970 (29 U.S.C.
661) is amended--
(1) in the second sentence of subsection (a)--
(A) by striking ``three members'' and inserting
``five members''; and
(B) by inserting ``legal'' before ``training'';
(2) in the first sentence of subsection (b), by striking
``except that'' and all that follows through the period and
inserting the following: ``except that the President may extend
the term of a member for no more than 365 consecutive days to
allow a continuation in service at the pleasure of the
President after the expiration of the term of that member until
a successor nominated by the President has been confirmed to
serve. Any vacancy caused by the death, resignation, or removal
of a member before the expiration of a term for which a member
was appointed shall be filled only for the remainder of such
term.''; and
(3) in subsection (f), by striking ``two members'' the
first place it appears and inserting ``three members''.
(b) New Positions.--Of the two vacancies for membership on the
Occupational Safety and Health Review Commission created by subsection
(a)(1)(A), one shall be appointed by the President for a term expiring
on April 27, 2008, and the other shall be appointed by the President
for a term expiring on April 27, 2010.
(c) Effective Date.--The amendment made by subsection (a)(1)(B)
shall apply beginning with the 2 vacancies referred to in subsection
(b) and all subsequent appointments to the Commission.
TITLE III--OCCUPATIONAL SAFETY AND HEALTH INDEPENDENT REVIEW OF OSHA
CITATIONS ACT OF 2005
SEC. 301. SHORT TITLE.
This title may be cited as the ``Occupational Safety and Health
Independent Review of OSHA Citations Act of 2005''.
SEC. 302. INDEPENDENT REVIEW.
Section 11(a) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 660) is amended by adding at the end the following: ``The
conclusions of the Commission with respect to all questions of law that
are subject to agency deference under governing court precedent shall
be given deference if reasonable.''.
TITLE IV--OCCUPATIONAL SAFETY AND HEALTH SMALL EMPLOYER ACCESS TO
JUSTICE ACT OF 2005
SEC. 401. SHORT TITLE.
This title may be cited as the ``Occupational Safety and Health
Small Employer Access to Justice Act of 2005''.
SEC. 402. AWARD OF ATTORNEYS' FEES AND COSTS.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) is amended by redesignating sections 32, 33, and 34 as sections
33, 34, and 35, respectively, and by inserting after section 31 the
following new section:
``award of attorneys' fees and costs
``Sec. 32. (a) Administrative Proceedings.--An employer who--
``(1) is the prevailing party in any adversary adjudication
instituted under this Act, and
``(2) had not more than 100 employees and a net worth of
not more than $7,000,000 at the time the adversary adjudication
was initiated,
shall be awarded fees and other expenses as a prevailing party under
section 504 of title 5, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the Secretary was substantially justified or special circumstances
make an award unjust. For purposes of this section the term `adversary
adjudication' has the meaning given that term in section 504(b)(1)(C)
of title 5, United States Code.
``(b) Proceedings.--An employer who--
``(1) is the prevailing party in any proceeding for
judicial review of any action instituted under this Act, and
``(2) had not more than 100 employees and a net worth of
not more than $7,000,000 at the time the action addressed under
subsection (1) was filed,
shall be awarded fees and other expenses as a prevailing party under
section 2412(d) of title 28, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the United States was substantially justified or special
circumstances make an award unjust. Any appeal of a determination of
fees pursuant to subsection (a) of this subsection shall be determined
without regard to whether the position of the United States was
substantially justified or special circumstances make an award unjust.
``(c) Applicability.--
``(1) Commission proceedings.--Subsection (a) shall apply
to proceedings commenced on or after the date of enactment of
this section.
``(2) Court proceedings.--Subsection (b) shall apply to
proceedings for judicial review commenced on or after the date
of enactment of this section.''.
Passed the House of Representatives July 12, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | (Pursuant to H.Res. 351, the engrossed version of H.R. 739 sent to the Senate contains the texts of H.R. 739, H.R. 740, H.R. 741, and H.R. 742 as passed by the House on July 12, 2005.)
Title I: Occupational Safety and Health Small Business Day in Court Act of 2005 - Occupational Safety and Health Small Business Day in Court Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to revise a requirement that, if an employer fails to file a notice of contest within 15 working days following the issuance of a citation or proposed assessment of a penalty, the citation or assessment becomes a final order not subject to review. Provides for an exception if such failure results from mistake, inadvertence, surprise, or excusable neglect.
Title II: Occupational Safety and Health Review Commission Efficiency Act of 2005 - Occupational Safety and Health Review Commission Efficiency Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to increase the membership of the Occupational Safety and Health Review Commission (OSHRC) from three to five.
Includes an individual's legal training among possible qualifications for OSHRC membership.
Authorizes the President to extend for up to 365 days the term of an OSHRC member until a nominated successor is confirmed to serve by the Senate.
Title III: Occupational Safety and Health Independent Review of OSHA Citations Act of 2005 - Occupational Safety and Health Independent Review of OSHA Citations Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to revise requirements for judicial review of orders by the Occupational Safety and Health Review Commission (OSHRC), which is the agency for independent review of citations issued by the Occupational Safety and Health Administration (OSHA) against businesses for violations of the OSH Act.
Requires deference to be given to reasonable conclusions of OSHRC (rather than OSHA) with respect to all questions of law that are subject to agency deference under governing court precedent.
Title IV: Occupational Safety and Health Small Employer Access to Justice Act of 2005 - Occupational Safety and Health Small Employer Access to Justice Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to provide for the award of attorney's fees and costs to certain small employers when they prevail in specified administrative or court proceedings.
Requires such awards to prevailing employers if they had not more than 100 employees and a net worth of not more than $7 million at the time of: (1) the initiation of the administrative proceedings (in the case of an adversary adjudication); or (2) the filing of the action addressed in the court proceedings (in the case of judicial review of an administrative action).
Provides for such awards without regard to whether the position of the Secretary of Labor or the Federal Government was substantially justified or whether special circumstances make an award unjust. | {"src": "billsum_train", "title": "To amend the Occupational Safety and Health Act of 1970 to provide for adjudicative flexibility with regard to the filing of a notice of contest by an employer following the issuance of a citation or proposed assessment of a penalty by the Occupational Safety and Health Administration, to provide for greater efficiency at the Occupational Safety and Health Review Commission, to provide for judicial deference to conclusions of law determined by the Occupational Safety and Health Review Commission with respect to an order issued by the Commission, and to provide for the award of attorneys' fees and costs to small employers when such employers prevail in litigation prompted by the issuance of a citation by the Occupational Safety and Health Administration."} | 1,834 | 667 | 0.63814 | 2.20939 | 0.522313 | 3.578182 | 2.736364 | 0.829091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerating the End of Breast
Cancer Act of 2011''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Establishment.
Sec. 5. Mission; duties.
Sec. 6. Membership.
Sec. 7. Chairperson and commissioners.
Sec. 8. Coordination and nonduplication.
Sec. 9. Evaluation of the commission.
Sec. 10. Termination.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) In the United States, the chance of a woman developing
breast cancer during her lifetime has increased from 1 in 11 in
1975 to 1 in 8 today.
(2) Worldwide, breast cancer is the most frequently
diagnosed cancer in women with 1.3 million cases each year and
the leading cause of cancer death with more than 500,000 women
dying from the disease in 2010.
(3) More than 90 percent of deaths from breast cancer are
caused by metastasis, when breast cancer has spread to other
organs or bone.
(4) The National Cancer Institute estimated that breast
cancer care in the United States cost $16.5 billion in 2009 and
cost the Nation $12.1 billion in lost productivity.
(5) Very little has improved in terms of breast cancer
incidence, morbidity, and mortality rates over the past 40
years.
SEC. 4. ESTABLISHMENT.
The President shall establish a commission to be known as the
Commission to Accelerate the End of Breast Cancer (in this Act referred
to as the ``the Commission'').
SEC. 5. MISSION; DUTIES.
(a) Mission.--The mission of the Commission shall be to help end
breast cancer by January 1, 2020.
(b) Duties.--The Commission shall--
(1) identify opportunities and ideas within government and
the private sector that are key components in achieving the end
of breast cancer and which have been overlooked, yet are ripe
for collaboration and investment, and
(2) recommend projects to leverage such opportunities and
ideas in the areas of--
(A) the primary prevention of breast cancer; and
(B) the causes and prevention of breast cancer
metastasis.
(c) Means.--In carrying out the duties described in subsection (b),
the Commission shall--
(1) identify revolutionary opportunities and ideas in
fundamental and applied sciences and epidemiology with a focus
on ending breast cancer;
(2) identify timely opportunities and scientific
discoveries which can be turned into real world strategies to
prevent breast cancer and prevent breast cancer metastasis and
deaths;
(3) promote ideas that are intellectually compelling,
innovative, and imaginative;
(4) accelerate potential transformational scientific
advances--
(A) not being prioritized within the Federal
Government, but which can help to achieve the mission
described in subsection (a); and
(B) unlikely to be achieved by the private sector
due to technical and financial uncertainty;
(5) identify promising, underdeveloped areas of research
that would benefit from a cluster of government, industry, and
academia forming innovation communities to rapidly advance
knowledge into practice, while creating new opportunities for
job creation and advancement;
(6) identify opportunities for transdisciplinary cross-
cutting collaborations; and
(7) identify opportunities for seed grants to leverage
identified opportunities and ideas.
(d) Strategic Vision.--Not later than 6 months after the
appointment of the initial members of the Commission, the Commission
shall submit to the President and the relevant authorizing and
appropriations committees of the Congress a description of the
Commission's strategic vision for making progress in achieving the
mission described in subsection (a) by January 1, 2020.
(e) Annual Reports.--The Commission shall submit an annual report
to the President, the Congress, and the public describing the
Commission's activities under this section, including its progress in
achieving the mission described in subsection (a).
SEC. 6. MEMBERSHIP.
(a) Number; Appointment.--The Commission shall be composed of not
more than 10 members, of which--
(1) not more than 8 shall be appointed by the President;
(2) 1 shall be appointed by the Speaker of the House of
Representatives; and
(3) 1 shall be appointed by the majority leader of the
Senate.
(b) Composition.--
(1) In general.--Each member of the Commission shall be
appointed to represent one of the following 3 categories:
(A) Representatives of varied disciplines within
the biomedical research field.
(B) Representatives of varied disciplines outside
of the biomedical research field.
(C) Educated patient advocates, meaning individuals
who--
(i) represent a patient-led, patient-
centered organization with a patient
constituency;
(ii) have been personally affected by
breast cancer; and
(iii) are trained, knowledgeable, and
prepared to participate in the decisionmaking
process of science and medicine.
(2) Representation of membership categories.--Of the
members of the Commission--
(A) at least 1 but not more than 3 shall be
appointed to represent the category described in
paragraph (1)(A);
(B) at least 1 but not more than 3 shall be
appointed to represent the category described in
paragraph (1)(B); and
(C) at least 2 but not more than 4 shall be
appointed to represent the category described in
paragraph (1)(C).
(c) Initial Members.--The initial members of the Commission shall
be appointed not later than 60 days after the date of the enactment of
this Act.
(d) Terms.--
(1) In general.--Each member of the Commission shall be
appointed for a term of 3 years and may be reappointed.
(2) Vacancies.--Any member of the Commission appointed to
fill a vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be appointed
only for the remainder of that term. A member may serve after
the expiration of that member's term until a successor has
taken office. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(e) Quorum.--Three members of the Commission shall constitute a
quorum.
SEC. 7. CHAIRPERSON AND COMMISSIONERS.
(a) Chairperson.--
(1) Designation.--Of the members of the Commission
appointed under section 6(a), the President shall at the time
of appointment, designate one to serve as Chairperson of the
Commission.
(2) Qualifications.--The Chairperson shall be an individual
who, by reason of professional background and experience, is
especially qualified to manage areas of study pertaining to
ending breast cancer by January 1, 2020.
(3) Responsibilities.--The responsibilities of the
Chairperson shall include--
(A) approving all new study projects and areas of
study of the Commission based on innovation, impact,
and scientific and technical merit;
(B) developing criteria (including milestones) for
assessing, and overseeing assessment of, the success of
the study projects and areas of study of the
Commission;
(C) identifying opportunities for seed grants and
other funding through awards, prizes, grants, and
contracts to achieve the mission described in section
5(a); and
(D) terminating study projects and areas of study
of the Commission that are not achieving the mission
described in section 5(a).
(b) Commissioners.--
(1) In general.--The Chairperson of the Commission may
appoint members of the Commission to oversee one or more areas
of study of the Commission.
(2) Responsibilities.--A member appointed under paragraph
(1) shall, with respect to one or more areas of study, be
responsible for--
(A) recommending novel proposals, projects, and
collaborations based on scientific and technical merit
to achieve the mission described in section 5(a) with a
focus on strategies for the primary prevention of
breast cancer, and methods to prevent breast cancer
metastasis;
(B) identifying ideas and opportunities to achieve
the mission described in section 5(a) that are
intellectually compelling, innovative, and imaginative,
including such ideas and opportunities not being
prioritized for breast cancer relevance within Federal
agencies or programs or the private sector;
(C) working with other relevant Federal agencies to
identify areas of concurrent interests in order to
maximize Federal investment and stimulate collaborative
projects;
(D) identifying opportunities for
transdisciplinary, cross-cutting collaborations; and
(E) monitoring the progress of study projects and
areas of study and recommending restructure or
termination.
SEC. 8. COORDINATION AND NONDUPLICATION.
To the maximum extent practicable, the Commission shall ensure that
the activities of the Commission are coordinated with, and do not
duplicate the efforts of, programs and laboratories of other government
agencies.
SEC. 9. EVALUATION OF THE COMMISSION.
(a) In General.--The President shall seek to enter into an
agreement with the Institute of Medicine of the National Academy of
Sciences under which the Institute, after the Commission has been in
operation for 3 years, completes an evaluation of how well the
Commission is making progress towards achieving the mission described
in section 5(a).
(b) Inclusions.--The evaluation under subsection (a) shall
include--
(1) a recommendation on whether the Commission should be
continued or terminated; and
(2) a description of lessons learned from operation of the
Commission.
(c) Availability.--On completion of the evaluation under subsection
(a), the Commission shall make the evaluation available to the Congress
and the public.
SEC. 10. TERMINATION.
The Commission shall terminate on June 1, 2020. | Accelerating the End of Breast Cancer Act of 2011 - Directs the President to establish the Commission to Accelerate the End of Breast Cancer to help end breast cancer by January 1, 2020.
Directs the Commission to: (1) identify opportunities and ideas within government and the private sector that are key components in achieving the end of breast cancer and which have been overlooked, yet are ripe for collaboration and investment; (2) recommend projects to leverage such opportunities and ideas in the areas of the primary prevention of breast cancer and the causes and prevention of breast cancer metastasis; and (3) ensure that its activities are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies.
Directs the President to enter into an agreement with the Institute of Medicine for an evaluation of the Commission's progress.
Terminates the Commission on June 1, 2020. | {"src": "billsum_train", "title": "To provide for the establishment of a Commission to Accelerate the End of Breast Cancer."} | 2,057 | 177 | 0.639358 | 1.860866 | 1.124771 | 6.192982 | 11.725146 | 0.976608 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Landowners Equal Treatment Act of
1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds and declares the following:
(1) The Secretary of the Interior, through the United
States Fish and Wildlife Service, recently demanded and
received compensation for the loss of use of federally owned
property resulting from constructive use of the property for
other public purposes, in an amount of approximately
$26,000,000.
(2) The Secretary of Transportation has promulgated a
regulation allowing for compensation of Federal agencies for
the lost use of agency property for public purposes, through a
definition of the term ``constructive use'' that includes off-
site impacts of Federal agency actions on federally owned
property.
(3) The Federal Government enjoys no right under the
Constitution to compensation for use of Federal agency property
for other public purposes, while the rights of private persons
to be compensated for the taking of their property by the
Government for a public purpose is a fundamental right
protected by the Fifth and Fourteenth Amendments to the
Constitution.
(4) Private property owners should be compensated in a
manner that is at least as equitable as the compensation
afforded to Federal agencies when their property is used or
constructively used for other public purposes.
(5) Fair and equitable treatment of private property owners
will increase the willingness of private property owners to
provide habitat for wildlife and plants protected under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Purpose.--The purpose of this Act is to increase the efforts of
private property owners to protect and restore habitat for wildlife, by
ensuring that their constitutional and legal property rights will be
honored, respected, and protected in the implementation of the
Endangered Species Act of 1973.
SEC. 3. MINIMIZING IMPACTS ON PRIVATE PROPERTY.
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is
amended by adding at the end the following new section:
``minimizing impacts on private property
``Sec. 19. (a) In General.--In implementing this Act, the head of
an agency shall make every possible effort to avoid, minimize, or
mitigate impacts on non-Federal property that result in Federal use of
the property as a direct result of the action of the agency head under
this Act or in furtherance of the purposes of this Act. An agency shall
not take action that results in a Federal use of non-Federal property
under this Act unless the agency--
``(1) obtains the written permission of its owner;
``(2) negotiates a voluntary agreement authorizing that
use; or
``(3) pays compensation in accordance with this section.
``(b) Compensation for Federal Use of Non-Federal Property.--An
agency that takes action under this Act or in furtherance of the
purposes of this Act that results in a Federal use of non-Federal
property or any portion of non-Federal property without the written
consent of the owner of the property shall compensate the owner for the
fair market value of the Federal use of the property or portion.
Compensation paid shall reflect the duration of the Federal use as
necessary to achieve the purposes of this Act.
``(c) Request of Owner.--An owner of non-Federal property seeking
compensation under this section shall make a written request for
compensation to the agency implementing the agency action resulting in
the Federal use of property. The request shall, at a minimum, identify
the affected portion of the property, the nature of the Federal use of
non-Federal property for which the compensation is sought, and the
amount of compensation sought.
``(d) Negotiations.--The agency may negotiate with the owner to
reach agreement on the amount of the compensation under this section,
the terms of any agreement for payment, and the terms of any Federal
use of non-Federal property for which compensation is paid. If such an
agreement is reached, the agency shall within 6 months pay the owner
the amount agreed upon. An agreement under this section may include a
transfer of title or an agreement to limit the period of time of the
Federal use of non-Federal property.
``(e) Choice of Remedies.--If, not later than 180 days after the
written request is made, the parties have not reached an agreement on
compensation, the owner of the property may elect binding arbitration
or seek compensation due under this section in a civil action.
``(f) Arbitration.--The procedures that govern the arbitration
shall, as nearly as practicable, be those established under title 9,
United States Code, for arbitration proceedings to which that title
applies. An award made in such arbitration shall include a reasonable
attorney's fee and other arbitration costs, including appraisal fees.
The agency shall promptly pay any award made to the owner.
``(g) Civil Actions.--A civil action to enforce this section may be
filed under section 11(g). An owner who prevails in a civil action
against the agency pursuant to this section shall be entitled to, and
the agency shall be liable for, the amount of compensation awarded plus
reasonable attorney's fees and other litigation costs, including
appraisal fees. The court shall award interest on the amount of any
compensation from the time of the Federal use of non-Federal property.
``(h) Source of Payments.--Any payment made under this section to
an owner of property and any judgment obtained by an owner of property
in a civil action under this section shall, notwithstanding any other
provision of law, be made from the annual appropriation of the agency
that took the agency action giving rise to the payment or civil action.
If the agency action resulted from a requirement imposed by another
agency, then the agency making the payment or satisfying the judgment
may seek partial or complete reimbursement from the appropriated funds
of the other agency. For this purpose, the head of the agency concerned
may transfer or reprogram any appropriated funds available to the
agency. If insufficient funds exist for the payment or to satisfy the
judgment, it shall be the duty of the head of the agency to seek the
appropriation of such funds for the next fiscal year.
``(i) Availability of Appropriations.--Notwithstanding any other
provision of law, any obligation of the United States to make any
payment under this section shall be subject to the availability of
appropriations.
``(j) Duty of Notice to Owners.--An agency may not take any action
that is a Federal use of non-Federal property unless the agency has
given 30 days notice to each owner of the property directly affected
explaining their rights under this section and either obtaining their
permission for the Federal use or providing the procedures for
obtaining any compensation that may be available under this section.
``(k) Rules of Construction.--The following rules of construction
shall apply to this Act:
``(1) Other rights preserved.--Nothing in this Act shall be
construed to limit any right to compensation that exists under
the Constitution or under other laws.
``(2) Extent of federal authority.--Payment of compensation
under this section (other than when property is bought by the
Federal Government at the option of the owner) shall not confer
any rights on the Federal Government other than the Federal use
of non-Federal property agreed to so that the agency action may
achieve the species conservation purposes of this Act.
``(l) Definitions.--For the purposes of this section:
``(1) Agency.--The term `agency' has the meaning given that
term in section 551 of title 5, United States Code.
``(2) Federal use.--(A) The term `Federal use' means--
``(i) any action under this Act to--
``(I) permanently incorporate non-Federal
property into a Federal facility;
``(II) place non-Federal property under the
control of the Secretary; or
``(III) temporarily occupy non-Federal
property in a manner that is adverse to the
constitutional right of the owner of the
property against taking of the property by the
Federal Government; and
``(ii) any constructive use of non-Federal
property.
``(B) In this paragraph the term `constructive use' means
any action described in subparagraph (C) taken under this Act
that results in--
``(i) substantial diminution in the normal or
reasonably expected uses of non-Federal property;
``(ii) a reduction in the fair market value of non-
Federal property of 25 percent or more; or
``(iii) in the case of the right to receive water,
any diminution in the quantity of water received or
available for use.
``(C) The actions referred to in subparagraph (B) are the
following:
``(i) The imposition or enforcement of a
prohibition of use of non-Federal property the purpose
of which is to provide or retain habitat for any
species of wildlife or plant determined to be an
endangered species or threatened species.
``(ii) A designation of non-Federal property as
critical habitat under this Act.
``(iii) The denial of a permit under section 10
that results in the loss of the ability to use non-
Federal property in order to provide habitat for
wildlife or plants.
``(iv) An agency action pursuant to a reasonable
and prudent alternative suggested by the Secretary
under section 7, that would cause an agency to restrict
the use of non-Federal property.
``(v) The imposition by any governmental entity of
a limitation or restriction on an otherwise permissible
use of non-Federal property by the owner of the
property, as a condition of a Federal agency providing
any land, money, permit, or other benefit to the
governmental entity, if imposition of the limitation or
restriction by the agency directly would constitute a
Federal use of non-Federal property under the other
provisions of this paragraph, unless the governmental
entity has some other legal basis for imposing the
limitation or restriction.
``(3) Fair market value.--The term `fair market value'
means the most probable price at which property or a right to
use property would change hands, in a competitive and open
market under all conditions requisite to fair sale, between a
willing buyer and willing seller, neither being under any
compulsion to buy or sell and both having reasonable knowledge
of relevant facts, and without regard to the presence of any
species protected under this Act. With respect to a right to
use property, fair market value shall be determined on or
immediately before the exercise of the right.
``(4) Law of the state.--The term `law of the State'
includes the law of a political subdivision of a State.
``(5) Non-federal property.--The term `non-Federal
property' means property which is owned by a person other than
any Federal entity of government.
``(6) Property.--The term `property' means land, an
interest in land, the right to use or receive water, and any
personal property, as defined under the law of the State.''. | Landowners Equal Treatment Act of 1999 - Amends the Endangered Species Act of 1973 to require the head of an agency to make every possible effort to avoid, minimize, or mitigate impacts on non-Federal property that result from Federal use of the property (including constructive use) as a direct result of an agency action under such Act (including actions to provide or retain habitat for endangered or threatened species or to designate non-Federal property as critical habitat). Prohibits an agency from taking action under such Act that results in a Federal use of non-Federal property unless it: (1) obtains the landowner's permission; (2) negotiates a voluntary agreement authorizing such use; or (3) compensates the landowner for the fair market value of the Federal use. Sets forth provisions governing landowner requests for compensation, compensation negotiations, arbitration or civil actions to resolve compensation disagreements, and payment of compensation from an agency's annual appropriations.
Prohibits an agency from taking any action that is a Federal use of non-Federal property unless it has given 30 days notice to each property owner directly affected explaining their rights and either obtaining their permission or providing procedures for obtaining compensation. | {"src": "billsum_train", "title": "Landowners Equal Treatment Act of 1999"} | 2,488 | 269 | 0.572571 | 1.754931 | 0.815831 | 4.263158 | 10.192982 | 0.921053 |
SECTION 1. COMMISSION ON THE IMPLEMENTATION OF THE NEW STRATEGIC
POSTURE OF THE UNITED STATES.
(a) Establishment and Members.--Subsection (a) of section 1051 of
the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3431) is amended--
(1) in paragraph (1), by striking the second, third, and
fourth sentences;
(2) in paragraph (3), by adding at the end the following
new sentence: ``The chairman shall be in charge of all
financial and administrative matters relating to the
Commission.''; and
(3) by adding at the end the following new paragraphs:
``(6) Pay and travel allowances.--Members of the Commission
shall serve without pay by reason of their work on the
Commission. The members 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.
``(7) 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 Federal Government.''.
(b) Submission of Final Report.--Subsection (c) of section 1051 of
the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3431), as amended by section 1072 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2403), is amended to read as follows:
``(c) Submission of Report to Congress.--Not later than 18 months
after the first meeting of the Commission, the Commission shall submit
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the
Commission's findings and conclusions.''.
(c) Staff.--Section 1051 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431) is amended--
(1) by redesignating subsection (d) as subparagraph (C) and
transferring such subparagraph, as so redesignated, to the end
of paragraph (3) of subsection (b);
(2) by inserting after such subparagraph, as so
redesignated and transferred, the following new subparagraph:
``(D) Miscellaneous administrative and support
services.--The Secretary of Defense shall furnish the
Commission, on a reimbursable basis, any administrative
and support services requested by the Commission.'';
and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Staff.--The chairman of 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. The appointment of a staff director shall be
subject to the approval of the Commission. The chairman may also
procure temporary and intermittent services under section 3109(b) of
such title at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay payable for level V of the
Executive Schedule under section 5316 of such title.''.
(d) Guaranteed Funding for Commission.--Subsection (e) of section
1051 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3431) is amended by adding at the end
the following new sentence: ``For fiscal year 2008, the funds provided
by the Secretary of Defense for activities of the Commission shall be
equal to $4,500,000 or such lesser amount as the Commission may specify
as necessary for its activities.''.
(e) Termination of Commission.--Subsection (f) of section 1051 of
the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3431), as amended by section 1072 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2403), is amended by striking ``on November 30,
2007'' and inserting ``30 days after the date on which the Commission
submits its report under subsection (c)''.
(f) Implementation.--Subsection (g) of section 1051 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3431) is amended to read as follows:
``(g) First Meeting.--The chairman of the Commission shall
designate the dates for the first and subsequent meetings of the
Commission and may conduct Commission business in the absence of a
quorum.''.
(g) Additional Members.--During the 30-day period beginning on the
date of the enactment of this Act, the chairman of the Committee on
Armed Services of the Senate and the chairman of the Committee on Armed
Services of the House of Representatives may jointly appoint up to
three additional members to serve on the Commission on the
Implementation of the New Strategic Posture of the United States
established pursuant to section 1051 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3431). The appointment of the additional members of the Commission
shall be made in consultation with the ranking minority members of such
committees. | Amends the National Defense Authorization Act for Fiscal Year 2006 to: (1) make the chairman of the Commission on the Implementation of the New Strategic Posture of the United States responsible for all Commission financial and administrative matters; (2) extend until 18 months after its first meeting the deadline for the Commission's final report to the congressional defense committees; (3) provide guaranteed Commission funding for FY2008; and (4) terminate the Commission 30 days after the date of its final report.
Authorizes the chairmen of the defense committees to jointly appoint up to three additional Commission members. | {"src": "billsum_train", "title": "To amend the National Defense Authorization Act for Fiscal Year 2006 to extend the deadline for the submission of the final report of the Commission on the Implementation of the New Strategic Posture of the United States, to provide for the appointment of additional members for the Commission, to ensure the availability of funds for the Commission, and for other purposes."} | 1,211 | 120 | 0.532546 | 1.442359 | 0.567661 | 3.035714 | 9.991071 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Mathematics and Science
Consistency Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has fallen behind other
industrialized countries in terms of competing in a global
economy. This deterioration is due in large part to the
diminishing number of well-trained people in the fields of
mathematics, science, and technology, as well as the decrease
in scientific innovations generated from the United States in
recent years.
(2) Not only did the United States produce fewer graduates
in mathematics, science, and engineering in 2002 than it did in
1985, but the United States is also generating far fewer
college graduates in those fields than other countries. In
China, 59 percent of undergraduates receive degrees in science
and engineering and in Japan, 66 percent receive such degrees,
but in the United States, only 32 percent of undergraduates
receive degrees in science and engineering.
(3) United States students are scoring far behind students
in other countries on international mathematics and science
assessments. A recent Trends in International Mathematics and
Science Study (TIMSS), the largest and most comprehensive
comparative international study of education, found that 12th
graders in the United States ranked 21st out of 40
industrialized countries on general knowledge in mathematics
and science. Furthermore, the Programme for International
Student Assessment (PISA), an organization that compiles
reports on the reading and mathematics skills of 15-year-olds,
found that the United States ranked 28th out of 40 nations
surveyed in mathematics literacy.
(4) In the United States, each State has its own set of
standards and curriculum for mathematics and science education
in kindergarten through grade 12, with its own definition of
proficiency for these standards. When each State's definition
of proficiency is compared to a national model, less than 40
percent of the students in grade 4, and only 17 percent of the
students in grade 12, reach the national proficiency level in
mathematics. In addition, approximately \1/3\ of the students
in grades 4 and 8, and nearly \1/2\ of the students in grade
12, do not reach the basic level in science, according to the
recent National Assessment of Educational Progress.
(5) In its report, Rising Above the Gathering Storm:
Energizing and Employing America for a Brighter Economic
Future, the National Academy of Sciences recommends that the
Department of Education should collect ``effective K-12
materials that would be available free of charge as a voluntary
national curriculum that would provide an effective standard
for K-12 teachers''. The National Academy of Sciences advocates
for the creation of world-class national benchmarks and a
national curriculum in order to ensure students are receiving
the skills needed to successfully compete in a global economy.
SEC. 3. DEVELOP VOLUNTARY NATIONAL EXPECTATIONS FOR MATHEMATICS AND
SCIENCE EDUCATION IN KINDERGARTEN THROUGH GRADE 12.
(a) Agreement With the National Academy of Science.--The Secretary
of Education shall enter into a contract with the National Academy of
Sciences of the National Academies for the National Academy of Sciences
to convene and oversee a panel, subject to the requirements of this
section, that shall produce voluntary national expectations for
mathematics and science education, accompanied by promising practices
in teaching mathematics and science and assessment items for each
expectation, for kindergarten through grade 12, in accordance with
subsection (c).
(b) Members of Panel.--
(1) Member qualifications.--Each member of the panel
described in subsection (a) shall have substantial knowledge or
experience relating to--
(A) education, mathematics, or science policy or
programs; or
(B) mathematics or science curricula educational
content development.
(2) Composition of panel.--In selecting the members of the
panel described in subsection (a), the National Academy of
Sciences shall ensure that--
(A) each member has the qualifications required
under paragraph (1);
(B) the panel is broadly representative of
scientists, practitioners, educators, parents, and
representatives from entities with expertise in
education, mathematics, and science;
(C) a majority of the members of the panel are
parents directly involved in the kindergarten through
grade 12 education process; and
(D) the members of the panel who are educators and
parents proportionately represent--
(i) the different demographic areas of the
United States, including urban, suburban, and
rural schools; and
(ii) public and private schools.
(c) Duties of Panel.--The panel described in subsection (a) shall--
(1) identify the core ideas in mathematics and science
common to all States;
(2) develop a minimum comprehensive set of voluntary
national expectations for mathematics and science education,
based on the core ideas in mathematics and science common to
all States, that are taken, or adapted, from--
(A) the State mathematics and science standards, as
of the date of enactment of this Act, that are found to
be effective; or
(B)(i) the most recent National Science Education
Standards developed by the National Science Teacher
Association; and
(ii) the most recent Standards for School
Mathematics developed by the National Council of
Teachers of Mathematics;
(3) develop promising practices in teaching mathematics and
science by--
(A) identifying proven, effective, kindergarten
through grade 12 mathematics and science teaching
materials that exist as of the date of enactment of
this Act; and
(B) identifying the need for new mathematics and
science teaching materials;
(4) develop sample assessment questions based on each
voluntary national expectation, for teachers to use throughout
the school year to guide instruction;
(5) establish a mechanism for the distribution of the
voluntary national expectations, promising practices, sample
assessment questions, and other information, identified or
developed under this subsection; and
(6) develop and coordinate professional development
criteria that would prepare teachers to incorporate the
voluntary national expectations into the teachers' classroom
instruction.
(d) Dissemination.--The Secretary of Education shall--
(1) disseminate information, in accordance with the
recommendations of the panel described in subsection (a), to
entities such as State educational agencies; and
(2) otherwise make the materials collected by the panel
available and accessible to local educational agencies and
schools.
(e) Personnel Matters.--
(1) Compensation of members.--The contract described in
subsection (a) shall provide that each member of the panel who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
panel. All members of the panel who are officers or employees
of the United States shall serve without compensation in
addition to that received for their services as officers or
employees of the United States.
(2) Travel expenses.--The contract described in subsection
(a) shall provide that members of the panel 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 panel.
(f) 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 2008 through 2012.
SEC. 4. GRANTS TO STATE EDUCATIONAL AGENCIES.
(a) In General.--From amounts appropriated under subsection (e) for
a fiscal year, the Secretary of Education shall award grants, in an
amount determined under subsection (b), to State educational agencies
to enable the State educational agencies to carry out all of the
following:
(1) Contract with entities that publish educational
materials, in order to develop instructional materials based on
the promising practices in teaching mathematics and science
developed under section 3(c)(3) that effectively teach the
voluntary national expectations for mathematics and science
education developed under section 3(c)(2).
(2) Ensure that the State educational agency has the
infrastructure and technical assistance necessary to provide
all instructional materials online and free of charge to
teachers and school faculty and staff.
(3) Train mathematics and science teachers in kindergarten
through grade 12--
(A) to effectively use instructional materials to
teach the voluntary national expectations for
mathematics and science education developed under
section 3(c)(2); and
(B) to use the assessment questions developed under
section 3(c)(5) to steer instruction.
(b) Formula for Grants.--The Secretary of Education shall award a
grant for a fiscal year to each State educational agency that submits a
complete application under subsection (c) in an amount that bears the
same relation to the amount appropriated for this section for such
fiscal year, as the number of students served by the State educational
agency for such fiscal year bears to the total number of students
served by all State educational agencies that submit complete
applications for such fiscal year.
(c) Application.--A State educational agency desiring a grant under
this section shall submit an application to the Secretary of Education
at such time, in such manner, and containing such information as the
Secretary may require. The application shall include a description of
the activities that will be carried out through a grant under this
section.
(d) Report.--Not later than 60 days after the last day of the grant
period, a State educational agency receiving a grant under this section
shall prepare and submit a report to the Secretary of Education
describing the results of the grant.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section a total of $100,000,000 for
fiscal years 2008 through 2012.
SEC. 5. REPORT.
Not later than 2 years after the date of enactment of this Act, and
annually thereafter, the Secretary of Education shall--
(1) study the effects of the voluntary national
expectations for mathematics and science education, and the
promising practices in teaching mathematics and science,
developed under section 3 on student achievement on the
National Assessment of Educational Progress, the Trends in
International Mathematics and Science Study, and the Programme
for International Student Assessment, for the most recent year
available, as compared to the effects of State standards and
curricula on student achievement on such assessments; and
(2) shall prepare and submit a report to Congress on the
Secretary's findings. | National Mathematics and Science Consistency Act - Directs the Secretary of Education to contract with the National Academy of Sciences to convene and oversee a panel to produce, for kindergarten through grade 12 (K-12), voluntary national expectations for science and mathematics education, promising practices in teaching such subjects, and sample assessment questions based on the expectations. Requires such expectations to be based on core ideas in mathematics and science education common to all states, and the promising teaching practices to be developed by identifying proven and effective teaching materials or the need for new materials. Requires the panel also to develop and coordinate professional development criteria that would prepare teachers to incorporate such expectations into their teaching.
Requires the Secretary to award grants to states to: (1) develop instructional materials based on the promising practices in teaching mathematics and science; (2) ensure that the infrastructure and technical assistance to provide such instructional materials online and free of charge to school personnel is available; and (3) train K-12 mathematics and science teachers to use the instructional materials and assessment questions in teaching. | {"src": "billsum_train", "title": "A bill to create a national set of effective voluntary national expectations for mathematics and science education in kindergarten through grade 12, and for other purposes."} | 2,198 | 216 | 0.462827 | 1.367485 | 0.866916 | 3.579208 | 10.792079 | 0.975248 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on School
Finance To Meet the National Education Goals Act''.
SEC. 2. FINDINGS.
The Congress finds--
(1) State governments have for a long time played the
principal role in financing America's education system and
historically such role has involved heavy reliance upon locally
administered property taxes in conjunction with State
prescribed per pupil spending minima, while the Federal
Government has been a junior partner in such role, contributing
approximately 7 or 8 percent of the amount spent on
kindergarten through twelfth grade schooling;
(2) the State and local role described in paragraph (1) has
traditionally been decentralized;
(3) the rapid evolution of an unusually competitive
international economy is altering national education needs and
the new strategic resource for nations has become the trained
intellect of its citizens;
(4) the United States is attempting to respond to the
challenge described in paragraph (3) by debating and
implementing education reform alternatives and setting national
education goals;
(5) education reforms may have little chance of sustained
success and universal achievement of the national education
goals may be jeopardized when such reforms are part of a
disparate means by which our Nation finances its schools;
(6) the means by which United States schools are financed
result in--
(A) spending inequality from school-to-school,
district-to-district and State-to-State;
(B) neglected effectiveness such as finance systems
paying little heed to outcomes, accountability, or
performance, and seldom is an education attainment
target posed regarding desired outcomes or performance
incentives;
(C) organizational rigidity in which school finance
systems are rooted in operational units such as small
rural schools, as exemplified by school districts
having consolidated in mammoth agencies with cumbersome
bureaucratic structures sometimes distant
geographically and organizationally from the schools
such districts purport to direct; and
(D) confusion caused by school finance system
accretion and as a consequence intolerable complexity;
(7) the entire context in which United States education now
operates has been altered in the last 2 decades and
expectations for education are higher, and on crucial
dimensions, the capacity of schools to respond is lower; and
(8) in the absence of alternative school finance mechanisms
with adequate and adequately structured resources, the hope of
national education goals, national assessments, and a host of
other reform alternatives are in jeopardy of foundering on good
intentions and rhetoric.
SEC. 3. COMMISSION ESTABLISHED.
(a) Establishment of the Commission.--There is established as an
independent agency in the executive branch a commission to be known as
the National Commission on School Finance To Meet the National
Education Goals (hereafter in this Act referred to as the
``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 12
members, of which--
(A) 2 shall be appointed by the President;
(B) 2 shall be appointed by the Speaker of the
House of Representatives;
(C) 3 shall be appointed by the Minority Leader of
the House of Representatives;
(D) 2 shall be appointed by the Majority Leader of
the Senate; and
(E) 3 shall be appointed by the Minority Leader of
the Senate.
(2) Special rule.--The membership of the Commission shall
provide the Commission with expertise and experience in the
provision and financing of elementary and secondary education,
including expertise in elementary and secondary school
administration, teaching, State legislation, education
economics research, and development of standards and
assessments.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall study what has been learned from
the research on innovations in practice that will help further
understanding of what will be necessary and what the cost implications
are for achieving the national education goals and shall investigate
the extent to which--
(1) Federal laws demonstrate a consistent and coherent
Federal policy regarding educational access and equity with
respect to resources;
(2) Federal education laws and regulations promote the
stated Federal education policy;
(3) there are alternatives to current school finance
mechanisms; and
(4) schools and States have the capacity to respond
financially to the reform demands implied in the national
education goals and the consequent objectives.
(b) Specific Requirements.--In carrying out its responsibilities
under this section, the Commission shall synthesize and evaluate
existing information in the following areas:
(1) Fiscal capacity.--The fiscal capacity of States and
local educational agencies to provide access to high quality
education to all students, including synthesizing and
evaluating information regarding--
(A) the costs of different ways of providing
educational services and the factors that impact
student achievement;
(B) the impact of socioeconomic status and student-
to-teacher ratios, and the effect of such status and
ratios on student achievement;
(C) all revenue expended in the United States on
elementary and secondary education, including revenue
from Federal, State, local and private sources;
(D) international comparisons of expenditure
levels, and intergovernmental financial
responsibilities, for public elementary and secondary
education;
(E) population sparsity and density factors with
respect to educational needs and costs;
(F) revenue available to all local educational
agencies in the United States with respect to property
taxes, sales taxes, personal income taxes and
lotteries;
(G) differences in the costs of providing
elementary and secondary education by State, and by
local educational agencies within States;
(H) the capacity of State school finance systems to
provide the resources necessary to achieve the national
education goals; and
(I) the role of educational technologies in
improving cost-effectiveness, program quality and
equity.
(2) Fiscal effort.--The fiscal effort State and local
educational agencies make to provide access to high quality
education to all students, including synthesizing and
evaluating information regarding--
(A) the variables associated with the willingness
of communities to tax themselves to raise education
revenues;
(B) different teaching compensation policies; and
(C) school districts with much higher than average
per pupil expenditures and school districts with much
lower than average per pupil expenditures both before
and after the implementation of equalization measures.
(3) Policy.--The impact of Federal, State, and local
programs and policies on equalizing access to educational
opportunity, including synthesizing and evaluating information
regarding--
(A) the relationship between the amount of--
(i) Federal education assistance; and
(ii) tax expenditures for equalization of
school finance;
(B) the costs of Federal or State laws that are not
fully funded by the level of government that
established such laws;
(C) the effect of financial incentives on school
performance;
(D) the consistency and coherency among--
(i) Federal, State, and local educational
equity policies; and
(ii) Federal, State, and local laws,
regulations and resources; and
(E) the effect of Federal education assistance
programs and Federal, State, or local tax expenditures
on equalization of school finance resources.
(4) School finance legislation.--The trends in State school
finance legislation and judicial actions.
(c) Reports and Recommendations.--The Commission shall prepare and
submit to the Congress an interim report within 12 months of the date
of enactment of this Act and a final report within 18 months of such
date. Such reports shall--
(1) summarize the appropriate findings of the Commission;
(2) provide to the Congress a comprehensive analysis of the
extent to which a consensus exists regarding the appropriate
roles of Federal, State and local government in supporting
school and State finance reform;
(3) provide an analysis of the resources that will be
needed at the school, district and State level to achieve the
national education goals; and
(4) provide an analysis of the capacity of State school
finance systems to provide the resources necessary to meet the
national education goals.
SEC. 5. ADMINISTRATION OF THE COMMISSION.
(a) Rate of Pay.--Members of the Commission who are not full-time
officers or employees of the United States and who are not Members of
Congress may, while serving on business of the Commission, be
compensated at a rate not to exceed the rate specified at the time of
such service for level IV of the Executive Schedule as authorized by
section 5315 of title 5, United States Code, for each day, or any part
of a day, they are engaged in actual performance of Commission duties,
including travel time; and while so serving away from their homes or
regular places of business, all members of the Commission may be
allowed travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for persons
in government service employed intermittently.
(b) Temporary Exemption.--Subject to such rules as may be adopted
by the Commission, the Chairperson, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, shall have the power to--
(1) appoint a Director or Executive Director who shall be
paid at a rate not to exceed the rate of basic pay payable for
level IV of the Executive Schedule; and
(2) appoint and fix the compensation of such other
personnel as the Chairperson considers necessary at a rate not
to exceed the rate of basic pay payable for level IV of the
Executive Schedule.
(c) Authority To Contract.--Subject to the Federal Property and
Administrative Services Act of 1949, the Commission is authorized to
enter into contracts or interagency agreements with Federal and State
agencies, private firms, institutions, and individuals for the conduct
of activities necessary to the discharge of its duties and
responsibilities.
(d) Source of Administrative Support.--Financial and administrative
support services (including those related to budget and accounting,
financial reporting, payroll, and personnel) shall be provided to the
Commission by the General Services Administration (or other appropriate
organization) for which payment shall be made in advance or by
reimbursement from funds of the Commission, in such amounts as may be
agreed by the Chairperson of the Commission and the Administrator of
General Services.
(e) Authority To Hire Experts and Consultants.--The Commission is
authorized to procure temporary and intermittent services of experts
and consultants as are necessary to the extent authorized by section
3109 of title 5, United States Code, but at rates not to exceed the
rate specified at the time of such service for level IV of the
Executive Schedule. Experts and consultants may be employed without
compensation if they agree to do so in advance.
(f) Authority for Detail of Employees.--Upon request of the
Commission, the head of any Federal department or agency is authorized
to detail on a reimbursable basis, any of the personnel of such
department or agency to the Commission to assist the Commission in
carrying out its duties under this section.
SEC. 6. TERMINATION.
The Commission shall terminate 3 years after the first meeting of
its members.
SEC. 7. DEFINITIONS.
For the purpose of this Act--
(1) the term ``elementary school'' has the same meaning
given to such term by section 1471(8) of the Elementary and
Secondary Education Act of 1965;
(2) the term ``local educational agency'' has the same
meaning given to such term by section 1471(12) of the
Elementary and Secondary Education Act of 1965;
(3) the term ``national education goals'' means the
national education goals established pursuant to the education
summit held in Charlottesville, Virginia in 1989;
(4) the term ``secondary school'' has the same meaning
given to such term by section 1471(21) of the Elementary and
Secondary Education Act of 1965; and
(5) the term ``State'' has the same meaning given to such
term by section 1471(22) of the Elementary and Secondary
Education Act of 1965.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for each of the
fiscal years 1993, 1994, and 1995 to carry out this Act. | National Commission on School Finance to Meet the National Education Goals Act - Establishes the National Commission on School Finance to Meet the National Education Goals (the Commission), as an independent agency in the executive branch.
Directs the Commission to: (1) study and report to the Congress on the research on innovations in practice to determine what will be necessary (including cost implications) to achieve the National Education Goals; (2) investigate the extent to which there is a Federal policy on educational equity of resources, Federal education laws promote such policy, there are alternatives to current school finance mechanisms, and schools and States can finance the reform demands implied in such goals; and (3) synthesize and evaluate existing information in specified areas relating to educational need-analysis, school finance, and educational program and cost data-gathering.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Commission on School Finance to Meet the National Education Goals Act"} | 2,569 | 173 | 0.562247 | 1.521645 | 0.825417 | 3.454545 | 15.327273 | 0.945455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Agriculture Recovery and
Market (FARM) Equity Act of 2001''.
SEC 2. LOAN RATES FOR MARKETING ASSISTANCE LOANS.
Section 132 of the Agricultural Market Transition Act (7 U.S.C.
7232) is amended to read as follows:
``SEC. 132. LOAN RATES FOR MARKETING ASSISTANCE LOANS.
``(a) Wheat.--The loan rate for a marketing assistance loan under
section 131 for wheat shall be not less than--
``(1) 85 percent of the simple average price received by
producers of wheat, as determined by the Secretary, during the
marketing years for the immediately preceding 5 crops of wheat,
excluding the year in which the average price was the highest
and the year in which the average price was the lowest; or
``(2) $3.14 per bushel.
``(b) Feed Grains.--
``(1) Corn.--The loan rate for a marketing assistance loan
under section 131 for corn shall be not less than--
``(A) 85 percent of the simple average price
received by producers of corn, as determined by the
Secretary, during the marketing years for the
immediately preceding 5 crops of corn, excluding the
year in which the average price was the highest and the
year in which the average price was the lowest; or
``(B) $2.09 per bushel.
``(2) Other feed grains.--
``(A) In general.--Subject to subparagraph (B), the
loan rate for a marketing assistance loan under section
131 for grain sorghum, barley, and oats, individually,
shall be established at such level as the Secretary
determines is fair and reasonable in relation to the
rate at which loans are made available for corn, taking
into consideration the feeding value of the commodity
in relation to corn.
``(B) Minimum loan rates.--The loan rate for a
marketing assistance loan under section 131 for grain
sorghum, barley, and oats, individually, shall be not
less than--
``(i) 85 percent of the simple average
price received by producers of grain sorghum,
barley, and oats, respectively, as determined
by the Secretary, during the marketing years
for the immediately preceding 5 crops of grain
sorghum, barley, and oats, respectively,
excluding the year in which the average price
was the highest and the year in which the
average price was the lowest; or
``(ii)(I) in the case of grain sorghum,
$1.89 per bushel;
``(II) in the case of barley, $2.01 per
bushel; and
``(III) in the case of oats, $1.27 per
bushel.
``(c) Upland Cotton.--
``(1) Loan rate.--Subject to paragraph (2), the loan rate
for a marketing assistance loan under section 131 for upland
cotton shall be established by the Secretary at such loan rate,
per pound, as will reflect for the base quality of upland
cotton, as determined by the Secretary, at average locations in
the United States, a rate that is not less than the lesser of--
``(A) 85 percent of the average price (weighted by
market and month) of the base quality of cotton as
quoted in the designated United States spot markets
during 3 years of the 5-year period ending July 31 of
the year preceding the year in which the crop is
planted, excluding the year in which the average price
was the highest and the year in which the average price
was the lowest; or
``(B) 90 percent of the average, for the 15-week
period beginning July 1 of the year preceding the year
in which the crop is planted, of the 5 lowest-priced
growths of the growths quoted for Middling 1\3/32\-inch
cotton C.I.F. Northern Europe (adjusted downward by the
average difference, during the period April 15 through
October 15 of the year preceding the year in which the
crop is planted, between the average Northern European
price quotation of that quality of cotton and the
market quotations in the designated United States spot
markets for the base quality of upland cotton), as
determined by the Secretary.
``(2) Limitations.--The loan rate for a marketing
assistance loan for upland cotton shall not be less than
$0.5826 per pound.
``(d) Extra Long Staple Cotton.--The loan rate for a marketing
assistance loan under section 131 for extra long staple cotton shall be
not less than--
``(1) 85 percent of the simple average price received by
producers of extra long staple cotton, as determined by the
Secretary, during 3 years of the 5-year period ending July 31
of the year preceding the year in which the crop is planted,
excluding the year in which the average price was the highest
and the year in which the average price was the lowest; or
``(2) $0.8768 per pound.
``(e) Rice.--The loan rate for a marketing assistance loan under
section 131 for rice shall be not less than--
``(1) 85 percent of the simple average price received by
producers of rice, as determined by the Secretary, during 3
years of the 5-year period ending July 31 of the year preceding
the year in which the crop is planted, excluding the year in
which the average price was the highest and the year in which
the average price was the lowest; or
``(2) $7.81 per hundredweight.
``(f) Oilseeds.--
``(1) Soybeans.--The loan rate for a marketing assistance
loan under section 131 for soybeans shall be not less than--
``(A) 85 percent of the simple average price
received by producers of soybeans, as determined by the
Secretary, during the marketing years for the
immediately preceding 5 crops of soybeans, excluding
the year in which the average price was the highest and
the year in which the average price was the lowest; or
``(B) $5.26 per bushel.
``(2) Sunflower seed, canola, rapeseed, safflower, mustard
seed, and flaxseed.--The loan rate for a marketing assistance
loan under section 131 for sunflower seed, canola, rapeseed,
safflower, mustard seed, and flaxseed, individually, shall be
not less than--
``(A) 85 percent of the simple average price
received by producers of sunflower seed, canola,
rapeseed, safflower, mustard seed, and flaxseed,
respectively, as determined by the Secretary, during
the marketing years for the immediately preceding 5
crops of sunflower seed, canola, rapeseed, safflower,
mustard seed, and flaxseed, respectively, excluding the
year in which the average price was the highest and the
year in which the average price was the lowest; or
``(B)(i) in the case of oil sunflower seed, $0.093
per pound;
``(ii) in the case of nonoil sunflower seed,
$0.1176 per pound;
``(iii) in the case of canola, $0.0945 per pound;
``(iv) in the case of rapeseed, $0.1001 per pound;
``(v) in the case of safflower, $0.1259 per pound;
``(vi) in the case of mustard seed, $0.1176 per
pound; and
``(vii) in the case of flaxseed, $0.093 per pound.
``(3) Other oilseeds.--The loan rates for a marketing
assistance loan under section 131 for other oilseeds shall be
established at such level as the Secretary determines is fair
and reasonable in relation to the loan rate available for
soybeans, except that the rate for the oilseeds (other than
cottonseed) shall not be less than the rate established for
soybeans on a per-pound basis for the same crop.''.
SEC. 3. NONRECOURSE MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
PAYMENTS FOR DRY PEAS, LENTILS, CHICKPEAS, AND RYE.
(a) Definition of Loan Commodity.--Section 102(10) of the
Agricultural Market Transition Act (7 U.S.C. 7202(10)) is amended by
striking ``and oilseed'' and inserting ``oilseed, dry peas, lentils,
chickpeas, and rye''.
(b) Availability of Nonrecourse Loans.--Section 131(a) of the
Agricultural Market Transition Act (7 U.S.C. 7231(a)) is amended in the
first sentence by inserting after ``each loan commodity'' the
following: ``(other than dry peas, lentils, chickpeas, and rye) and
each of the 2001 and 2002 crops of dry peas, lentils, chickpeas, and
rye''.
(c) Loan Rates.--Section 132 of the Agricultural Market Transition
Act (7 U.S.C. 7232) (as amended by section 2) is amended by adding at
the end the following:
``(g) Dry Peas, Lentils, Chickpeas, and Rye.--The loan rate for a
marketing assistance loan under section 131 for dry peas, lentils,
chickpeas, and rye, individually, shall be not less than--
``(1) 85 percent of the simple average price received by
producers of dry peas, lentils, chickpeas, and rye,
respectively, as determined by the Secretary, during the
marketing years for the immediately preceding 5 crops of dry
peas, lentils, chickpeas, and rye, respectively, excluding the
year in which the average price was the highest and the year in
which the average price was the lowest; or
``(2)(A) in the case of dry peas, $7.00 per hundredweight;
``(B) in the case of lentils, $12.00 per hundredweight;
``(C) in the case of chickpeas, $15.00 per hundredweight;
and
``(D) in the case of rye, $2.80 per bushel.''.
(d) Repayment of Loans.--Section 134(a) of the Agricultural Market
Transition Act (7 U.S.C. 7234(a)) is amended--
(1) by striking ``and Oilseeds.--'' and inserting
``Oilseeds, Dry Peas, Lentils, Chickpeas, and Rye.--''; and
(2) by striking ``and oilseeds'' and inserting ``oilseeds,
dry peas, lentils, chickpeas, and rye''.
(e) Payment Limitation.--Section 1001(2) of the Food Security Act
of 1985 (7 U.S.C. 1308(2)) is amended by striking ``contract
commodities and oilseeds'' and inserting ``contract commodities,
oilseeds, dry peas, lentils, chickpeas, and rye''.
SEC. 4. APPLICABILITY.
This Act and the amendments made by this Act shall apply to each of
the 2001 and 2002 crops of a loan commodity (as defined in section 102
of the Agricultural Market Transition Act (7 U.S.C. 7202) (as amended
by section 3(a))). | Family Agriculture Recovery and Market (FARM) Equity Act of 2001 - Amends the Agricultural Market Transition Act to revise 2001 and 2002 marketing assistance loan rates for wheat, feed grains, upland and extra long staple cotton, rice, and oilseeds.Authorizes 2001 and 2002 nonrecourse marketing assistance loans and loan deficiency payments for dry peas, lentils, chickpeas, and rye. | {"src": "billsum_train", "title": "A bill to amend the Agriculture Market Transition Act to increase loan rates for marketing assistance loans for each of the 2001 and 2002 crops, to make nonrecourse marketing assistance loans and loan deficiency payments available to producers of dry peas, lentils, chickpeas, and rye, and for other purposes."} | 2,661 | 98 | 0.510704 | 1.227506 | 0.469832 | 5.405797 | 32.217391 | 0.942029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lance Corporal Josef Lopez Fairness
for Servicemembers Harmed by Vaccines Act of 2009''.
SEC. 2. TRAUMATIC SERVICEMEMBERS' GROUP LIFE INSURANCE COVERAGE FOR
ADVERSE REACTIONS TO VACCINATIONS ADMINISTERED BY
DEPARTMENT OF DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) Section 1032 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (Public Law 109-13), which was enacted on
May 11, 2005, established the Traumatic Servicemember's Group
Life Insurance program by adding section 1980A to title 38,
United States Code.
(2) The Traumatic Servicemember's Group Life Insurance
program was established to provide members of the Armed Forces
who suffer a loss as a direct result of traumatic injury with
short-term monetary assistance to mitigate the economic burden
on such members and their families. The families of such
members often incur financial hardships because they relocate
to be with such members as they undergo long and difficult
treatment and rehabilitation periods.
(3) The Secretary of Veterans Affairs is the executive
agent for the Traumatic Servicemember's Group Life Insurance
benefit and has established policies and procedures for
dispensing the benefit based on the Secretary's interpretation
of section 1980A of title 38, United States Code.
(4) The Department of Veterans Affairs Insurance Center has
implemented a policy that does not extend the Traumatic
Servicemember's Group Life Insurance benefit to those members
of the Armed Forces who sustain a life altering and permanent
disability caused by an adverse reaction to a vaccine
administered by the Department of Defense as a component of
accessions, training, or pre-deployment preparations for duty
in a combat or imminent danger zone.
(5) There are multiple documented cases of members of the
Armed Forces suffering severe, adverse reactions to
vaccinations administered by the Department of Defense. Such
adverse reactions include the traumatic injuries of coma,
amputation, paralysis, and loss of the activities of daily
living (ADL). All such adverse reactions are covered under
existing Traumatic Servicemember's Group Life Insurance program
guidelines.
(6) Lance Corporal Josef Lopez is a Marine from
Springfield, Missouri, who, in September 2006, was administered
a smallpox vaccination by the Department of Defense just prior
to a deployment to Iraq. One week after his arrival in Iraq,
Lance Corporal Lopez suffered complete paralysis, a coma, and
the loss of two activities of daily living, all of which were
subsequently diagnosed as resulting from a rare adverse
reaction to the smallpox vaccine.
(7) Lance Corporal Lopez was medically evacuated from Iraq
to Landstuhl, Germany, and ultimately to the National Naval
Medical Center at Bethesda, Maryland, where he remained for six
weeks. Lance Corporal Lopez later endured multiple
hospitalizations and physical therapy treatments in his native
Missouri.
(8) Lance Corporal Lopez was wheelchair-bound for one year
and now walks with a permanent limp, is unable to stand for
long periods, and must use a urine collection bag because he
has no control over his bladder. Daily, Lance Corporal Lopez
must take prescription medications to control spasms in his
legs and bladder. These injuries and issues are a result of
Lance Corporal Lopez's adverse reaction to the smallpox vaccine
described in paragraph (6).
(9) Lance Corporal Lopez was medically retired from the
Marine Corps on June 30, 2009.
(10) During the course of the treatment that Lance Corporal
Lopez received for the adverse reaction described in paragraph
(6), he and his family endured substantial hardship. His mother
spent extensive periods at Lance Corporal Lopez's side during
his initial treatment and she had to make expensive
modifications to her home to accommodate Lance Corporal Lopez's
wheelchair.
(11) Lance Corporal Lopez's mother represents the very
finest attributes of love and loyalty to her heroic son to whom
she has provided care and assistance. Such care and assistance
is critical for the healing of injured members of the Armed
Forces like Lance Corporal Lopez. The provision of such care
and assistance by family members is encouraged and recognized
by the Armed Forces, by healthcare providers, and by the
Congress as highly valuable for the care of injured members of
the Armed Forces.
(12) Lance Corporal Lopez applied for Traumatic
Servicemember's Group Life Insurance benefits because his
injuries resulted in qualifying losses under the Traumatic
Servicemember's Group Life Insurance program, including coma,
paralysis, and loss of activities of daily living. Under the
Traumatic Servicemember's Group Life Insurance program as in
effect on the day before the date of the enactment of this Act,
Lance Corporal Lopez and his family would have received $75,000
in associated benefits if his claim was accepted. However, his
claim was denied because the current policy of the Department
of Veterans Affairs Insurance Center prohibits extending
Traumatic Servicemember's Group Life Insurance benefits to
those who have adverse reactions to vaccinations administered
by the Department of Defense to facilitate military service in
combat theaters.
(13) Lance Corporal Lopez and his family endured undue
financial hardship in the time immediately following his
traumatic injuries and during his recovery process. They were
not able to mitigate the financial challenges they faced with
assistance from the Traumatic Servicemember's Group Life
Insurance program, which was created to provide assistance to
families of members of the Armed Forces when facing the
challenges of traumatic events precisely like that experienced
by Lance Corporal Lopez.
(14) The policy of the Department of Veterans Affairs in
effect on the day before the date of the enactment of this Act
that denies Traumatic Servicemember's Group Life Insurance
benefits to members of the Armed Forces who experience
traumatic injuries as a result of being administered vaccines
consequent to their preparation to serve the United States in
combat is inconsistent with the intent of the Traumatic
Servicemember's Group Life Insurance program, as enacted by
Congress.
(b) Traumatic Servicemembers' Group Life Insurance Coverage.--
Section 1980A(b)(3) of title 38, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting ``(A)
Except as provided in subparagraph (B), the Secretary''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary shall not exclude under subparagraph (A) a
qualifying loss experienced by a member as a result of an adverse
reaction to a vaccination administered by the Department of Defense,
whether voluntarily or involuntarily, for the purposes of military
accession, training, or deployment.''.
(c) Effective Date.--The amendments made by subsection (b) shall
take effect as if included in the provisions of and amendments made by
section 1032 of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13; 119 Stat. 257). | Lance Corporal Josef Lopez Fairness for Servicemembers Harmed by Vaccines Act of 2009 - Prohibits the Secretary of Veterans Affairs (VA) from excluding from coverage under traumatic injury provisions with respect to the Servicemember's Group life Insurance program a member suffering a qualifying loss resulting from an adverse reaction to a vaccination administered by the Department of Defense (DOD), whether voluntarily or involuntarily, for purposes of military accession, training, or deployment.
Makes such amendment retroactive to the establishment of such coverage under the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to provide coverage under Traumatic Servicemembers' Group Life Insurance for adverse reactions to vaccinations administered by the Department of Defense, and for other purposes."} | 1,548 | 147 | 0.615486 | 2.046418 | 0.648563 | 5.00885 | 12.522124 | 0.938053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Build the Fence Now Act of 2011''.
SEC. 2. TWO-LAYERED REINFORCED FENCING ALONG THE ENTIRE UNITED STATES-
MEXICO BORDER.
(a) In General.--Subparagraph (A) of section 102(b)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 8 U.S.C. 1103 note) is amended to read as follows:
``(A) Two-layered reinforced fencing.--
``(i) In general.--In carrying out
subsection (a) and in accordance with clause
(ii) of this subparagraph, the Secretary of
Homeland Security shall--
``(I) construct two layers of
reinforced fencing along the entire
international land border between the
United States and Mexico; and
``(II) provide for the installation
of additional physical barriers, roads,
lighting, cameras, radars, and sensors
along the entire length of the
international border between the United
States and Mexico and the United States
and Canada to gain operational control
of such border.
``(ii) Clarification.--In carrying out
subsection (a), the Secretary of Homeland
Security shall construct a second layer of
reinforced fencing in any area along the
international land border between the United
States and Mexico that, as of the date of the
enactment of this subparagraph, has only one
layer of fencing.
``(iii) Construction deadline.--The
Secretary shall ensure the completion of the
construction of such two-layered reinforced
fencing and the installation of such additional
physical barriers, roads, lighting, cameras,
radars, and sensors by not later than the date
that is--
``(I) two years after the date of
the enactment of this subparagraph with
respect to the international land
border between the United States and
Mexico; and
``(II) five years after the date of
the enactment of this subparagraph with
respect to the international land
border between the United States and
Canada.''.
(b) Repeal of Consultation Requirement.--Subparagraph (C) of
section 102(b)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 is repealed.
(c) Limitation on Requirements.--Subparagraph (D) of section
102(b)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 is amended to read as follows:
``(C) Limitation on requirements.--
``(i) Determination and report.--If the
Secretary of Homeland Security determines that
the installation of the two-layered reinforced
fencing required under subparagraph (A)(i)(I)
in a particular location along the
international border of the United States and
Mexico is topographically impractical, the
Secretary shall submit to Congress a report on
the specific alternative measures the Secretary
determines necessary to achieve and maintain
operational control over the international
border at such location.
``(ii) Follow-up action.--The installation
of the two-layered reinforced fencing required
under subparagraph (A)(i)(I) shall not apply
with respect to any location specified in the
report required under clause (i) of this
subparagraph if a subsequent Act of Congress
exempts any such location from such fencing
requirement and authorizes the specific
alternative measures referred to in such
report.''.
(d) Clerical Amendment.--Section 102(b)(1) of the Illegal
Immigration and Immigrant Responsibility Act of 1996 is amended, in the
paragraph heading, by striking ``along southwest border''.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the amendment
made by subsection (a).
SEC. 3. TUNNEL TASK FORCE.
Subject to the availability of appropriations for such purpose, the
fiscal year 2012 budget of the Tunnel Task Force, a joint force
comprised of Immigration and Customs Enforcement (ICE), Customs and
Border Patrol (CBP), and Drug Enforcement Administration (DEA)
personnel tasked to pinpoint tunnels that are utilized by drug lords
and ``coyotes'' to smuggle narcotics, illegal aliens, and weapons,
shall be increased by 100 percent above the fiscal year 2007 budget.
Such increase shall be used to increase personnel, improve
communication and coordination between participant agencies, upgrade
technology, and offer cash rewards and appropriate security to
individuals who provide the Tunnel Task Force with accurate information
on existing tunnels that breach the international borders of the United
States.
SEC. 4. AERIAL VEHICLES AND SURVEILLANCE SYSTEMS.
(a) Authorization.--The Secretary of Homeland Security shall
develop and implement a program to fully integrate and utilize aerial
surveillance technologies, including unmanned aerial vehicles and
related equipment, to enhance the security of the international borders
between the United States and Mexico and the United States and Canada
by conducting continuous monitoring and border surveillance of the
entirety of such borders, including equipment such as--
(1) additional sensors;
(2) satellite command and control; and
(3) other necessary equipment for operational support.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out subsection (a). | Build the Fence Now Act of 2011 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Secretary of Homeland Security (DHS) to: (1) construct two layers of reinforced fencing along the entire international land border between the United States and Mexico; (2) provide for the installation of additional physical barriers, roads, lighting, cameras, radars, and sensors along the entire length of the international border between the United States and Mexico and the United States and Canada; and (3) complete such work within two years along the U.S.-Mexico border and within five years along the U.S.-Canada border.
Increases the FY2012 budget of the Tunnel Task Force (a joint Immigration and Customs Enforcement [ICE], Customs and Border Patrol [CBP], and Drug Enforcement Administration [DEA] force tasked to pinpoint smuggling tunnels) by 100% above the FY2007 budget.
Directs the Secretary to implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international borders between the United States and Mexico and the United States and Canada. | {"src": "billsum_train", "title": "To provide for certain enhanced border security measures, and for other purposes."} | 1,193 | 239 | 0.605072 | 1.796053 | 0.84395 | 4.826291 | 4.882629 | 0.901408 |
SECTION 1. PERMANENT EXTENSION OF RESEARCH CREDIT.
(a) In General.--Section 41 of the Internal Revenue Code of 1986
(relating to credit for increasing research activities) is amended by
striking subsection (h).
(b) Conforming Amendment.--Section 45C(b)(1) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (D).
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after June 30, 1998.
SEC. 2. IMPROVED ALTERNATIVE INCREMENTAL CREDIT.
(a) In General.--Section 41 of the Internal Revenue Code of 1986
(as amended by section 1 of this Act) is amended by adding at the end
of the following new subsection:
``(h) Election of Alternative Incremental Credit.--
``(1) In general.--At the election of the taxpayer, the
credit under subsection (a)(1) shall be determined under this
subsection by taking into account the modifications provided by
this subsection.
``(2) Determination of base amount.--
``(A) In general.--In computing the base amount
under subsection (c)--
``(i) notwithstanding subsection (c)(3),
the fixed-base percentage shall be equal to 85
percent of the percentage which the aggregate
qualified research expenses of the taxpayer for
the base period is of the aggregate gross
receipts of the taxpayer for the base period,
and
``(ii) the minimum base amount under
subsection (c)(2) shall not apply.
``(B) Start-up and small taxpayer.--In computing
the base amount under subsection (c), the gross
receipts of a taxpayer for any taxable year in the base
period shall be treated as at least equal to
$1,000,000.
``(C) Base period.--For purposes of this
subsection, the base period is the 8-taxable year
period preceding the taxable year (or, if shorter, the
period the taxpayer (and any predecessor) has been in
existence).
``(3) Qualified research.--
``(A) In general.--Notwithstanding subsection (d),
the term `qualified research' means research with
respect to which expenditures are treated as research
and development costs for the purposes of a report or
statement concerning such taxable year--
``(i) to shareholders, partners, or other
proprietors, or to beneficiaries, or
``(ii) for credit purposes.
Such term shall not include any research described in
subparagraph (F) or (H) of subsection (d)(4).
``(B) Financial accounting standards.--
``(i) In general.--Subparagarph (A) shall
only apply to the extent that the treatment of
expenditures as research and development costs
is consistent with the Statement of Financial
Standards No. 2 Accounting for Research and
Development Costs.
``(ii) Significant changes.--If the
Secretary determines that there is any
significant change in the accounting standards
described in clause (i) after the date of
enactment of this subsection--
``(I) the Secretary shall notify
the Committee on Ways and Means of the
House of Representatives and the
Committee on Finance of the Senate of
such change, and
``(II) such change shall not be
taken into account for any taxable year
beginning before the date which is 1
year after the date of notice under
subclause (I).
``(C) Transition rule.--At the election of the
taxpayer, this paragraph shall not apply in computing
the base amount for any taxable year in the base period
beginning before January 1, 1999.
``(4) Election.--An election under this subsection shall
apply to the taxable year for which made and all succeeding
taxable year unless revoked with the consent of the
Secretary.''
(b) Assistance of Small and Start-Up Businesses.--The Secretary of
the Treasury of his delegate shall take such actions as are appropriate
to--
(1) provide assistance to small and start-up businesses in
complying with the requirements of section 41 of the Internal
Revenue Code of 1986, and
(2) reduce the costs of such compliance.
(c) Conforming Amendment.--Section 41(c) of the Internal Revenue
Code of 1986 is amended by striking paragraph (4) and redesignating
paragraphs (5) and (6) as paragraphs (4) and (5), respectively.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 3. MODIFICATIONS TO CREDIT FOR BASIC RESEARCH.
(a) Elimination of Incremental Requirement.--
(1) In general.--Paragraph (1) of section 41(e) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) In general.--The amount of basic research payments
taken into account under subsection (a)(2) shall be determined
in accordance with this subsection.''
(2) Conforming amendments.--
(A) Section 41(a)(2) of such Code is amended by
striking ``determined under subsection (e)(1)(A)'' and
inserting ``for the taxable year''.
(B) Section 41(e) of such Code is amended by
striking paragraphs (3), (4), and (5) and by
redesignating paragraphs (6) and (7) as paragraphs (3)
and (4), respectively.
(C) Section 41(e)(4) of such Code (as redesignated)
is amended by striking subparagraph (B) and by
redesignating subparagraphs (C), (D), and (E) as
subparagraphs (B), (C), and (D), respectively.
(D) Clause (i) of section 170(e)(4)(B) of such Code
is amended by striking ``section 41(e)(6)'' and
inserting ``section 41(e)(3)''.
(b) Basic Research.--
(1) Specific commercial objective.--Section 41(e)(4) of the
Internal Revenue Code of 1986 relating to definitions and
special rules) is amended by adding at the end the following
new subparagraph:
``(F) Specific commercial objective.--For purposes
of subparagraph (A), research shall not be treated as
having a specific commercial objective if all results
of such research are to be published in such a manner
as to be available to the general public prior to their
use for a commercial purpose.''
(2) Exclusions from basic research.--Section 41(e)(4)(A) of
the Internal Revenue Code of 1986 (as redesignated by
subsection (a)) is amended by striking clause (ii) and
inserting the following:
``(ii) basic research in the arts or
humanities.''
(c) Expansion of Credit to Research at Federal Laboratories.--
Section 41(e)(3) of the Internal Revenue Code of 1986 (as redesignated
by subsection (a)(2)(C) of this section) is amended by adding at the
end the following new subparagraph:
``(E) Federal laboratories.--Any organization which
is a federal laboratory within the meaning of that term
is section 4(6) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3703(6)).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 4. CREDIT FOR EXPENSES ATTRIBUTABLE TO CERTAIN COLLABORATIVE
RESEARCH CONSORTIA.
(a) Credit for Expenses Attributable to Certain Collaborative
Research Consortia.--Subsection (a) of section 41 of the Internal
Revenue Code of 1986 (relating to credit for increasing research
activities) is amended by--
(1) striking ``and'' at the end of paragraph (1);
(2) striking the period at the end of paragraph (2) and
inserting ``, and ''; and
(3) adding at the end the following new paragraph:
``(3) 20 percent of the amounts paid or incurred during the
taxable year (including as contributions) to a qualified
research consortium.''
(b) Qualified Research Consortium Defined.--Subsection (f) of such
Code is amended by adding at the end the following new paragraph:
``(6) Qualified research consortium.--The term `qualified
research consortium' means any organization which--
``(A) is described in section 501(c)(3) and is
exempt from tax under section 501(a),
``(B) is organized and operated primarily to
conduct scientific or engineering research,
``(C) is not a private foundation,
``(D) to which at least 15 unrelated persons paid
or incurred (including as contributions), during the
calendar year in which the taxable year of the
organization begins, amounts to such organization for
scientific or engineering research,
``(E) to which no 3 unrelated persons paid or
incurred (including as contributions) during such
calendar year more than 50 percent of the total amounts
received by such organization during such calendar year
for scientific or engineering research, and
``(F) to which no single person paid or incurred
(including as contributions) more than 25 percent of
such total amounts.
All persons treated as a single employer under subsection (a)
or (b) of section 52 shall be treated as related persons for
purposes of subparagraphs (D) and (E), and as a single person
for purposes of subparagraph (F).''
(c) Conforming Amendment.--Paragraph (3) of section 41(b) of such
Code is amended by striking subparagraph (C).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Amends the Internal Revenue Code to permanently extend the credit for increasing research activities. Permits the election of an alternative incremental credit. Modifies the credit with respect to basic research. Allows the credit for expenses attributable to a qualified research consortium (as defined). | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to improve the research and experimentation tax credit, and for other purposes."} | 2,170 | 59 | 0.543688 | 1.218349 | 1.156969 | 2.442308 | 37.538462 | 0.788462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Mexico Transboundary
Aquifer Assessment Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to direct the Secretary of the Interior
to establish a United States-Mexico transboundary aquifer assessment
program to systematically assess priority transboundary aquifers.
SEC. 3. DEFINITIONS.
In this Act:
(1) Aquifer.--The term ``aquifer'' means a subsurface water-
bearing geologic formation from which significant quantities of
water may be extracted.
(2) IBWC.--The term ``IBWC'' means the International Boundary
and Water Commission, an agency of the Department of State.
(3) Indian tribe.--The term ``Indian tribe'' means an Indian
tribe, band, nation, or other organized group or community--
(A) that is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians; and
(B) the reservation of which includes a transboundary
aquifer within the exterior boundaries of the reservation.
(4) Participating state.--The term ``Participating State''
means each of the States of Arizona, New Mexico, and Texas.
(5) Priority transboundary aquifer.--The term ``priority
transboundary aquifer'' means a transboundary aquifer that has been
designated for study and analysis under the program.
(6) Program.--The term ``program'' means the United States-
Mexico transboundary aquifer assessment program established under
section 4(a).
(7) Reservation.--The term ``reservation'' means land that has
been set aside or that has been acknowledged as having been set
aside by the United States for the use of an Indian tribe, the
exterior boundaries of which are more particularly defined in a
final tribal treaty, agreement, executive order, Federal statute,
secretarial order, or judicial determination.
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the United States
Geological Survey.
(9) Transboundary aquifer.--The term ``transboundary aquifer''
means an aquifer that underlies the boundary between a
Participating State and Mexico.
(10) Tri-regional planning group.--The term ``Tri-Regional
Planning Group'' means the binational planning group comprised of--
(A) the Junta Municipal de Agua y Saneamiento de Ciudad
Juarez;
(B) the El Paso Water Utilities Public Service Board; and
(C) the Lower Rio Grande Water Users Organization.
(11) Water resources research institutes.--The term ``water
resources research institutes'' means the institutes within the
Participating States established under section 104 of the Water
Resources Research Act of 1984 (42 U.S.C. 10303).
SEC. 4. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Secretary, in consultation and cooperation
with the Participating States, the water resources research institutes,
Sandia National Laboratories, and other appropriate entities in the
United States and Mexico, and the IBWC, as appropriate, shall carry out
the United States-Mexico transboundary aquifer assessment program to
characterize, map, and model priority transboundary aquifers along the
United States-Mexico border at a level of detail determined to be
appropriate for the particular aquifer.
(b) Objectives.--The objectives of the program are to--
(1) develop and implement an integrated scientific approach to
identify and assess priority transboundary aquifers, including--
(A) for purposes of subsection (c)(2), specifying priority
transboundary aquifers for further analysis by assessing--
(i) the proximity of a proposed priority transboundary
aquifer to areas of high population density;
(ii) the extent to which a proposed priority
transboundary aquifer would be used;
(iii) the susceptibility of a proposed priority
transboundary aquifer to contamination; and
(iv) any other relevant criteria;
(B) evaluating all available data and publications as part
of the development of study plans for each priority
transboundary aquifer;
(C) creating a new, or enhancing an existing, geographic
information system database to characterize the spatial and
temporal aspects of each priority transboundary aquifer; and
(D) using field studies, including support for and
expansion of ongoing monitoring and metering efforts, to
develop--
(i) the additional data necessary to adequately define
aquifer characteristics; and
(ii) scientifically sound groundwater flow models to
assist with State and local water management and
administration, including modeling of relevant groundwater
and surface water interactions;
(2) consider the expansion or modification of existing
agreements, as appropriate, between the United States Geological
Survey, the Participating States, the water resources research
institutes, and appropriate authorities in the United States and
Mexico, to--
(A) conduct joint scientific investigations;
(B) archive and share relevant data; and
(C) carry out any other activities consistent with the
program; and
(3) produce scientific products for each priority transboundary
aquifer that--
(A) are capable of being broadly distributed; and
(B) provide the scientific information needed by water
managers and natural resource agencies on both sides of the
United States-Mexico border to effectively accomplish the
missions of the managers and agencies.
(c) Designation of Priority Transboundary Aquifers.--
(1) In general.--For purposes of the program, the Secretary
shall designate as priority transboundary aquifers--
(A) the Hueco Bolson and Mesilla aquifers underlying parts
of Texas, New Mexico, and Mexico;
(B) the Santa Cruz River Valley aquifers underlying Arizona
and Sonora, Mexico; and
(C) the San Pedro aquifers underlying Arizona and Sonora,
Mexico.
(2) Additional aquifers.--The Secretary may, using the criteria
under subsection (b)(1)(A), evaluate and designate additional
priority transboundary aquifers which underlie New Mexico or Texas.
(d) Cooperation With Mexico.--To ensure a comprehensive assessment
of priority transboundary aquifers, the Secretary shall, to the maximum
extent practicable, work with appropriate Federal agencies and other
organizations to develop partnerships with, and receive input from,
relevant organizations in Mexico to carry out the program.
(e) Grants and Cooperative Agreements.--The Secretary may provide
grants or enter into cooperative agreements and other agreements with
the water resources research institutes and other Participating State
entities to carry out the program.
SEC. 5. IMPLEMENTATION OF PROGRAM.
(a) Coordination With States, Tribes, and Other Entities.--The
Secretary shall coordinate the activities carried out under the program
with--
(1) the appropriate water resource agencies in the
Participating States;
(2) any affected Indian tribes;
(3) any other appropriate entities that are conducting
monitoring and metering activity with respect to a priority
transboundary aquifer; and
(4) the IBWC, as appropriate.
(b) New Activity.--After the date of enactment of this Act, the
Secretary shall not initiate any new field studies or analyses under
the program before consulting with, and coordinating the activity with,
any Participating State water resource agencies that have jurisdiction
over the aquifer.
(c) Study Plans; Cost Estimates.--
(1) In general.--The Secretary shall work closely with
appropriate Participating State water resource agencies, water
resources research institutes, and other relevant entities to
develop a study plan, timeline, and cost estimate for each priority
transboundary aquifer to be studied under the program.
(2) Requirements.--A study plan developed under paragraph (1)
shall, to the maximum extent practicable--
(A) integrate existing data collection and analyses
conducted with respect to the priority transboundary aquifer;
(B) if applicable, improve and strengthen existing
groundwater flow models developed for the priority
transboundary aquifer; and
(C) be consistent with appropriate State guidelines and
goals.
SEC. 6. EFFECT.
(a) In General.--Nothing in this Act affects--
(1) the jurisdiction or responsibility of a Participating State
with respect to managing surface or groundwater resources in the
Participating State;
(2) the water rights of any person or entity using water from a
transboundary aquifer; or
(3) State water law, or an interstate compact or international
treaty governing water.
(b) Treaty.--Nothing in this Act shall delay or alter the
implementation or operation of any works constructed, modified,
acquired, or used within the territorial limits of the United States
relating to the waters governed by the Treaty Between the United States
and Mexico Regarding Utilization of Waters of the Colorado and Tijuana
Rivers and of the Rio Grande, Treaty Series 994 (59 Stat. 1219).
SEC. 7. REPORTS.
Not later than 5 years after the date of enactment of this Act, and
on completion of the program in fiscal year 2016, the Secretary shall
submit to the appropriate water resource agency in the Participating
States, an interim and final report, respectively, that describes--
(1) any activities carried out under the program;
(2) any conclusions of the Secretary relating to the status of
priority transboundary aquifers; and
(3) the level of participation in the program of entities in
Mexico.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $50,000,000 for the period of fiscal years 2007 through
2016.
(b) Distribution of Funds.--Of the amounts made available under
subsection (a), 50 percent shall be made available to the water
resources research institutes to provide funding to appropriate
entities in the Participating States (including Sandia National
Laboratories, State agencies, universities, the Tri-Regional Planning
Group, and other relevant organizations) and to implement cooperative
agreements entered into with appropriate entities in Mexico to conduct
specific authorized activities in furtherance of the program, including
the binational collection and exchange of scientific data.
(c) Criteria.--Funding provided to an appropriate entity in Mexico
pursuant to subsection (b) shall be contingent on that entity providing
50 percent of the necessary resources (including in-kind services) to
further assist in carrying out the authorized activity.
SEC. 9. SUNSET OF AUTHORITY.
The authority of the Secretary to carry out any provisions of this
Act shall terminate 10 years after the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | United States-Mexico Transboundary Aquifer Assessment Act - (Sec. 3) Defines specified terms. (Sec. 4) Establishes a United States-Mexico transboundary aquifer assessment program to characterize, map, and model groundwater resources along the border. Describes as the program's objectives to: (1) develop an integrated approach to assess priority transboundary aquifers, including creating or enhancing a geographic information system database for each priority aquifer; (2) consider expanding existing agreements between the U.S. Geological Survey, the participating states (Arizona, New Mexico, and Texas), the water resources research institutes, and appropriate U.S. and Mexican authorities to conduct joint scientific investigations and archive and share relevant data; and (3) produce scientific products for each priority aquifer to provide water managers and natural resource agencies with necessary information.
Directs the Secretary of the Interior to designate as priority transboundary aquifers the: (1) Hueco Bolson and Mesilla aquifers; (2) Santa Cruz River Valley aquifers; and (3) San Pedro aquifers.
Authorizes the Secretary to: (1) designate additional aquifers which underlie Texas or New Mexico; and (2) provide grants or enter into agreements with water resources research institutes and participating state entities to carry out the program.
Directs the Secretary to develop partnerships with relevant organizations in Mexico to carry out the program.
(Sec. 5) Directs the Secretary to: (1) coordinate activities with water resource agencies in the participating states, affected Indian tribes, and other entities conducting monitoring and metering activities, including the International Boundary and Water Commission; and (2) work with participating state water resource agencies, water resources research institutes, and other relevant entities to develop a study plan, timeline, and cost estimate for each priority transboundary aquifer to be studied under the program.
Prohibits the Secretary from initiating any field studies before consulting and coordinating with the participating state water resource agency with jurisdiction over the aquifer.
(Sec. 6) Prohibits anything in this Act from affecting: (1) the jurisdiction or responsibility of a participating state with respect to managing its surface or groundwater resources; (2) the water rights of any person or entity using water from a transboundary aquifer; or (3) state water law, or an interstate compact or international treaty governing water.
Prohibits anything in this Act from delaying or altering the implementation or operation of any works constructed, modified, acquired, or used within the territorial limits of the United States relating to the waters governed by the Treaty Between the United States and Mexico Regarding Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, Treaty Series 994.
(Sec. 7) Sets forth program reporting requirements.
(Sec. 8) Authorizes FY2006-FY2016 appropriations. Obligates 50% of such funds for entities in the participating states (including Sandia National Laboratories, state agencies, universities, the Tri-Regional Planning Group, and other relevant organizations) and Mexico to conduct program activities, including the binational collection and exchange of scientific data.
(Sec. 9) Terminates the Secretary's authority under this Act 10 years after its enactment. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to cooperate with the States on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority transboundary aquifers, and for other purposes."} | 2,440 | 741 | 0.643605 | 2.066235 | 0.645245 | 5.392739 | 3.442244 | 0.937294 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Missile Defense Defend and Deter Act
of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) It is in the highest strategic interest of the United
States to field a fully operational missile defense system to
defend against threats from intercontinental ballistic missiles
(ICBMs) of rogue nations, including North Korea and Iran.
(2) In the past year, the Democratic People's Republic of
Korea tested a nuclear weapon and an intercontinental ballistic
missile and has made claims that it now possesses the ability
to miniaturize a nuclear warhead.
(3) The ground-based midcourse defense (GMD) element of the
ballistic missile defense system (BMDS) is one of the most
critical capabilities needed to defend the United States
against threats from intercontinental ballistic missiles,
conventional and nuclear.
(4) The test program of the Missile Defense Agency provides
vital data to demonstrate the operational effectiveness,
suitability, and survivability of the ballistic missile defense
system, and it contributes to United States nonproliferation
goals by sending a very credible message to the international
community on the ability of the United States to defeat
ballistic missiles in flight, thus reducing their value to
potential adversaries.
SEC. 3. REQUIRED TESTING BY MISSILE DEFENSE AGENCY OF GROUND-BASED
MIDCOURSE DEFENSE ELEMENT OF BALLISTIC MISSILE DEFENSE
SYSTEM.
(a) Testing Required.--Except as provided in subsection (c), not
less frequently than once each fiscal year, the Director of the Missile
Defense Agency shall administer an intercept flight test of the ground-
based midcourse defense element of the ballistic missile defense
system.
(b) Requirements.--The Director shall ensure that each test carried
out under subsection (a) provides, when possible, for one or more of
the following:
(1) Validation of the operational effectiveness of the
ground-based midcourse defense element of the ballistic missile
defense system.
(2) Use of assets in their operational configuration
against an inventory of targets to assess all aspects of
ground-based midcourse defense elements of the ballistic
missile defense system performance in a variety of flight test
regimes.
(3) Use of operational doctrine and real-world constraints.
(4) Evaluation of new concepts of operations and exercising
tactics, techniques, and procedures.
(5) Mechanisms to assure the confidence of members of the
Armed Forces in the basic design of the ground-based midcourse
defense element of the ballistic missile defense system, its
hit-to-kill effectiveness, and its inherent operational
capability.
(c) Exceptions.--
(1) Nonintercept test.--The Director may forgo a test under
subsection (a) in a fiscal year if the Secretary of Defense, in
consultation with the Director, determines that conducting the
test would--
(A) jeopardize national security;
(B) not be successful due to specific ground-based
midcourse defense components needing a nonintercept
test; and
(C) likely lead to failure due to impractical time
considerations.
(2) Funding.--The Director may forgo a test under
subsection (a) in a fiscal year if the Secretary of Defense, in
consultation with the Director, determines that the test is not
sufficiently funded.
(3) National security waiver.--
(A) In general.--The Director may forgo a test
under subsection (a) in a fiscal year if the Secretary
of Defense, in consultation with the Director of the
Missile Defense Agency, Director of National
Intelligence, and the Commander of United States
Northern Command (NORTHCOM), determines that the
provision of testing as described in that subsection is
detrimental to the national security interests of the
United States.
(B) Notice required.--
(i) In general.--Not later than 30 days
after forgoing a test pursuant to subparagraph
(A), the Secretary shall submit to the
congressional defense committees notice
regarding the foregone test.
(ii) Elements.--Notice submitted under
clause (i) shall include the following:
(I) The rationale for forgoing the
test.
(II) The national security
interests of the United States
preventing the test.
(III) A plan to complete the
intercept test in the following fiscal
year, which does not affect testing in
following fiscal years.
(iii) Form.--Each notice under clause (ii)
shall be submitted in an unclassified form, but
may include a classified annex.
(d) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' has the meaning given that
term in section 101(a)(16) of title 10, United States Code. | Missile Defense Defend and Deter Act of 2016 This bill requires the Department of Defense (DOD) Missile Defense Agency to administer an intercept flight test of the ground-based midcourse defense element of the ballistic missile defense system at least once each fiscal year. Each test shall provide for: validation of the defense element's operational effectiveness; use of assets in their operational configuration against an inventory of targets to assess performance in a variety of flight test regimes; use of operational doctrine and real-world constraints; evaluation of new concepts of operations, tactics, and techniques; and mechanisms to assure the confidence of members of the Armed Forces in the basic design of the ground-based midcourse defense element, its hit-to-kill effectiveness, and its operational capability. The Agency may forgo a test if: it would jeopardize national security, not be successful due to specific ground-based midcourse defense components needing a non-intercept test, and likely fail due to impractical time considerations; or funding is insufficient. The Agency also may forgo a test if DOD determines that the testing is detrimental to U.S. national security interests and provides notice to Congress. | {"src": "billsum_train", "title": "Missile Defense Defend and Deter Act of 2016"} | 1,060 | 257 | 0.656327 | 2.064008 | 0.909986 | 4.622807 | 4.171053 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``13th Regional Corporation Land
Entitlement Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that authorizing a land entitlement
for the 13th Regional Corporation would provide an equitable land
entitlement for that Corporation.
(b) Purpose.--The purpose of this Act is to provide an equitable
distribution of land for the shareholders of the 13th Regional
Corporation.
SEC. 3. LAND ENTITLEMENT.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following new section:
``SEC. 43. THE 13TH REGIONAL CORPORATION LAND ENTITLEMENT.
``(a) Entitlement.--Not later than 5 years after the date of the
enactment of the 13th Regional Corporation Land Entitlement Act, the
13th Regional Corporation may select, subject to subsections (b) and
(c), not more than 1,453,388 acres from public lands which were
withdrawn by the Secretary for selection, or were otherwise available
for selection, but which were not selected by, or if selected not
conveyed to, the State of Alaska, another Regional Corporation, a
Village Corporation, or a Group Corporation. Any withdrawal eligible
for selection under this subsection which will expire prior to the end
of the five-year selection period for the 13th Regional Corporation
shall be extended to the end of the selection period provided by this
subsection. Prior to making each selection, the 13th Regional
Corporation shall consult with and solicit the comments of the Regional
Corporation for the geographical region within which the selection is
located.
``(b) Approval.--No selection may be made within the geographical
region of any Regional Corporation under subsection (a) without the
prior written approval of such Regional Corporation.
``(c) Conveyances; Limitations; Restrictions.--
``(1) Conveyances.--Subject to the limitations in
paragraphs (2) and (3), the Secretary shall convey to the 13th
Regional Corporation the surface and subsurface estate of no
more than 1,162,710 acres of the lands selected pursuant to
subsection (a).
``(2) Limitations on conveyances.--
``(A) Previously selected lands.--The 13th Regional
Corporation may select any of the following, but the
Secretary shall not convey the land selected unless the
State of Alaska or any Regional Corporation, Village
Corporation, or Group Corporation which made or has the
right to make a selection has relinquished its
selection or right to make its selection.
``(i) Lands validly selected by, but not
yet conveyed to, the State of Alaska pursuant
to the Alaska Statehood Act or any other
provision of law.
``(ii) Lands validly selected by, but not
yet conveyed to, another Regional Corporation,
a Village Corporation, or a Group Corporation.
``(B) Conditions.--Any selections made by the 13th
Regional Corporation that are subject to such valid
selections shall be subordinate to those valid
selections. Selections are valid if they are on file
with the United States and have not been finally
adjudicated or all appeal rights from any final
adjudication have not lapsed or been exhausted, whether
or not such selections are in compliance with all
applicable standards, including without limitation time
restrictions. Valid selections also include selections
for land in excess of the amount of land to which the
selecting entity may be entitled.
``(C) Other limitations.--The 13th Regional
Corporation may not select the following:
``(i) Any land without the approval of any
Native individual or Native owned or public
entity that owns a partial interest in that
land.
``(ii) Any Land that the State of Alaska, a
Regional Corporation, a Village Corporation or
a Group Corporation could select or acquire
through the exercise of statutory or
contractual rights of selection or acquisition,
whether or not those rights have been exercised
or are subject to discretionary actions by
governmental entities, without the approval of
the State of Alaska, Regional Corporation,
Village Corporation or Group Corporation.
``(iii) Any land within any area withdrawn
for selection pursuant to sections 11 or 14 of
this Act or otherwise withdrawn by the
Secretary for selection if a Village
Corporation or Regional Corporation has
unexercised selection rights or rights to
conveyance in that area without the approval of
the Village Corporation and Regional
Corporation.
``(3) Restrictions.--Selected lands which are eligible for
conveyance to the 13th Regional Corporation shall be conveyed
subject to valid existing rights, in the same manner and
subject to the same reservations and restrictions that are
applicable to lands selected by and conveyed to other Regional
Corporations pursuant to this Act. The lands conveyed to the
13th Regional Corporation shall remain available for
traditional and customary subsistence uses unless safety
considerations otherwise warrant. Additionally, until the lands
conveyed to the 13th Regional Corporation are developed, as
defined in section 907(d) of Public Law 96-487 (43 U.S.C.
1636(d)), they shall be managed under policies consistent with
the land management policies applicable to any adjacent Native
Corporation owned lands.
``(d) Reserved Lands.--The 13th Regional Corporation may not select
any of the following:
``(1) Lands within any conservation system unit as defined
in section 102 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.).
``(2) Acquired lands.
``(3) Lands immediately surrounding any building, permanent
structure, or other development owned or controlled by the
United States, another unit of government, or any person,
including Native owned cabins or campsites on public lands or
without the permission of the public land owner.
``(4) Lands withdrawn or reserved for national defense
purposes.
``(5) Lands within the National Petroleum Reserve, Alaska.
``(6) Lands within the Tongass and Chugach National
Forests.
``(e) Right of First Refusal.--The 13th Regional Corporation shall
not transfer all or any portion of lands or interests therein that it
acquires pursuant to this section to a third party without first making
a written offer to sell that same land or interest therein to the
Regional Corporation for the geographical region within which the land
or interest therein is located at the amount (or its cash equivalent)
offered by the third party who desires to acquire the land or interest
therein. The following terms shall govern such transfers and offers:
``(1) The offer shall be made to the Regional Corporation
not less than 30 days before any proposed transfer of such land
and shall state the price and terms of the proposed transfer,
and the name and address of both the offerer and offeree.
``(2) Not later than 20 days after the receipt of the
offer, the Regional Corporation may exercise an option to
purchase all, but not less than all, of the land or interest
therein that is to be transferred on the terms in the offer or
their cash equivalent.
``(3) If the Regional Corporation does not purchase all of
the land or interest therein to be transferred within the
required time, then the 13th Regional Corporation may transfer
all of the land or interest therein offered (but not a lesser
or greater amount) to the third party specified in the offer,
but not for a price less or on terms different from those
originally made by the third party. Any land or interest
therein not transferred by the 13th Regional Corporation to the
specified third party not later than 60 days after making the
offer to the Regional Corporation shall again become subject to
the restrictions of this subsection as though it had never been
offered.
``(4) For purposes of this subsection, `transfer' means the
sale, transfer, or exchange of land or interests therein in
gravel, oil and gas, minerals, water or timber that have been
leased to a third party for consideration, including a lease or
royalty payment but does not include an exchange for other land
or an interest therein within the state of Alaska pursuant to
section 22(f) of this Act or section 1302(h) of the Alaska
National Interest Lands and Conservation Act, mineral or other
leasing on commercially reasonable terms, or the pledge,
encumbrance or grant of a security interest on commercially
reasonable terms.''.
SEC. 4. REVENUE SHARING.
Section (1)(A) of Section 7(i) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(i)) is amended to read as follows:
(1)(A) Except as provided by subparagraph (B), 70 percent
of all revenues received by each of the 12 Regional
Corporations organized under subsection (a) from the timber and
subsurface estate patented to it pursuant to this Act, and 15
percent of all revenues received by the 13th Regional
Corporation organized under subsection (c) from the timber and
subsurface estate patented to it pursuant to the 13th Regional
Corporation Land Entitlement Act, shall be divided annually by
the Regional Corporation among the 12 Regional Corporations
organized pursuant to subsection (a) according to the number of
Natives enrolled in each region pursuant to section 5 of this
Act. An additional, 10 percent of such revenues received by the
13th Regional Corporation, shall be distributed to the Regional
Corporation for the geographical region where the resources
giving rise to such revenues are located. If the resources
developed are on lands originally withdrawn for selection by a
Village Corporation, then one-half of the 10 percent paid to
the local Regional Corporation shall be distributed by that
corporation to the Village Corporation. Revenues distributed by
or received from the 13th Regional Corporation are not subject
to the requirements of subsections (j), (k), (l), (m), and (n)
of this section.
(B) The Regional Corporations, including the 13th Regional
Corporation shall determine the revenues required to be
distributed pursuant to this subsection in accordance with the
section 7(i) Settlement Agreement by and between the 12
Regional Corporations created pursuant to subsection (a), as
previously or hereafter amended, and shall be bound by the
provisions of that Agreement with respect to the revenues they
distribute. The 13th Regional Corporation shall be bound by any
amendment to the section 7(i) Settlement Agreement unless the
amendment is not of general applicability to the other Regional
Corporations. Nothing in this section shall be construed to
grant the 13th Regional Corporation any rights with respect to
any revenues distributed by the 12 Regional Corporations
pursuant to section 7(i), or to grant the 13th Regional
Corporation the right or power to approve any amendment to the
section 7(i) Settlement Agreement. | 13th Regional Corporation Land Entitlement Act - Amends the Alaska Native Claims Settlement Act to set forth land selection rights of the 13th Regional Corporation.
Authorizes the Corporation, within five years, to select up to 1,453,388 acres from specified public lands and directs the Secretary of the Interior to convey to the Corporation the surface and subsurface estate of no more than 1,162,710 acres of the lands selected. Prohibits any selection within the geographical region of any other Alaska Native Regional Corporation without such Regional Corporation's written approval.
Sets forth: (1) limitations on lands that may be selected; (2) restrictions on rights, use, management, and sale of lands conveyed; and (3) requirements for timber and subsurface estate revenue sharing by the 13th Regional Corporation and the other 12 Regional Corporations. | {"src": "billsum_train", "title": "To amend the Alaska Native Claims Settlement Act to provide an equitable distribution of land to the 13th Alaska Native Regional Corporation."} | 2,342 | 178 | 0.715929 | 2.082858 | 0.808376 | 2.97351 | 14.483444 | 0.92053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stonewall National Historic Site
Establishment Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the Stonewall National Historic Landmark in New York
City, designated in 2000, commemorates the site of the citizen
uprising of June 28-July 3, 1969, that inspired the modern
Lesbian, Gay, Bisexual, and Transgender (LGBT) civil rights
movement in America;
(2) the Stonewall uprising became the major catalyst for
change in the self-awareness of the LGBT community, as well as
in the perception and acceptance of LGBT individuals within the
United States, and now represents to the Nation and the world
the struggle for LGBT civil rights; and
(3) the Stonewall National Historic Landmark, within the
Greenwich Village Historic District, consists of the former
Stonewall Inn at 51-53 Christopher Street, that was raided by
police on June 28, 1969, as well as Christopher Park,
Christopher Street, Grove Street, Gay Street, Waverly Place,
Greenwich Avenue, Sixth Avenue, and West 10th Street between
Sixth Avenue and Seventh Avenue South, which are all associated
with the uprising.
(b) Purpose.--The purposes of this Act are--
(1) to help preserve, protect, and interpret the site of
the Stonewall uprising for the benefit of present and future
generations; and
(2) to enhance understanding of the discrimination against
LGBT individuals that led to the Stonewall uprising and of the
ongoing struggle to achieve civil rights.
SEC. 3. DEFINITIONS.
In this Act:
(1) National historic site.--The term ``National Historic
Site'' means the Stonewall National Historic Site in New York
City, New York, authorized to be established as a unit of the
National Park System under section 4(a) of this Act.
(2) Map.--The term ``Map'' means the map entitled
``Stonewall National Historic Site, Proposed Boundary'',
numbered 668/129,921, and dated September 2015.
(3) City of new york.--The term ``City'' means the
government of the City of New York in the State of New York.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of New York.
SEC. 4. STONEWALL NATIONAL HISTORIC SITE.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established in the State a unit of the National Park System to
be known as the ``Stonewall National Historic Site''.
(2) Conditions for establishment.--The National Historic
Site shall not be established as a unit of the National Park
System until the date on which the Secretary has determined
that--
(A) the Secretary has acquired sufficient land or
an interest in land within the boundary of the National
Historic Site to constitute a manageable unit, as
determined by the Secretary; and
(B) the Secretary has entered into a written
agreement with the City, as authorized and described in
subsection (c).
(b) Boundary.--
(1) In general.--The boundary of the National Historic Site
shall be identical to the boundary of the Stonewall National
Historic Landmark, as generally depicted on the Map.
(2) Availability of map.--The Map shall be available for
public inspection in the appropriate offices of the National
Park Service, Department of the Interior.
(c) Agreement.--The Secretary is authorized to enter into an
agreement with the City that delineates the respective roles and
responsibilities of the National Park Service and the City in the
operation, maintenance, and interpretation of the National Historic
Site.
(d) Publication of Notice.--Not later than 60 days after the date
on which the conditions in subsection (a)(2) are satisfied, the
Secretary shall publish in the Federal Register notice of the
establishment of the National Historic Site as a unit of the National
Park System.
(e) Land Acquisition.--The Secretary is authorized to acquire by
donation, purchase with donated or appropriated funds from a willing
seller, or exchange--
(1) lands or interests in land within the boundary of the
National Historic Site; and
(2) lands or interests in land in the vicinity of the
National Historic Site for the purpose of providing park
administration and visitor service facilities, as determined by
the Secretary.
(f) Administration.--
(1) In general.--The Secretary shall administer the
National Historic Site in accordance with this Act and with the
laws generally applicable to units of the National Park System,
including--
(A) the National Park Service Organic Act (section
100101(a), chapter 1003, and sections 100751(a),
100752, 100753 and 102101 of title 54, United States
Code); and
(B) chapter 3201 of title 54, United States Code.
(2) Cooperative agreements.--
(A) In general.--The Secretary may enter into
cooperative agreements with the State, City, units of
local government, organizations, or individuals to
further the purposes of this Act.
(B) Cost-sharing requirement.--
(i) Federal share.--The Federal share of
the total cost of any activity carried out
under this paragraph shall not exceed 50
percent.
(ii) Form of non-federal share.--The non-
Federal share of the cost of carrying out an
activity under this paragraph may be in the
form of in-kind contributions or goods or
services, fairly valued.
(g) General Management Plan.--Not later than 3 years after the date
on which funds are made available to carry out this section, the
Secretary, in consultation with the City, shall prepare a general
management plan for the National Historic Site in accordance with
section 100502 of title 54, United States Code. | Stonewall National Historic Site Establishment Act This bill establishes the Stonewall National Historic Site in New York as a unit of the National Park System. The boundary of the Historic Site shall be identical to that of the Stonewall National Historic Landmark. The Department of the Interior may enter into an agreement with New York City, New York, delineating the respective roles and responsibilities of the National Park Service and New York City in operating, maintaining, and interpreting the Historic Site. Interior shall prepare a general management plan for the Historic Site. | {"src": "billsum_train", "title": "Stonewall National Historic Site Establishment Act"} | 1,286 | 114 | 0.586252 | 1.643394 | 0.600892 | 3.747573 | 11.572816 | 0.912621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SOAR to Health and Wellness Act of
2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' as defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. PILOT PROGRAM ESTABLISHMENT.
(a) In General.--The Secretary shall establish a pilot program to
be known as ``Stop, Observe, Ask, and Respond to Health and Wellness
Training'' (or ``SOAR to Health and Wellness Training'') (referred to
in this Act as the ``pilot program''), to provide training to health
care providers and other related providers, at all levels, on human
trafficking in accordance with the objectives described in subsection
(b).
(b) Objectives.--The objectives of the pilot program established
under subsection (a) shall be to train health care providers and other
related providers to enable such providers to--
(1) identify potential human trafficking victims;
(2) implement proper protocols and procedures for working
with law enforcement to report, and facilitate communication
with such victims, in accordance with all applicable Federal,
State, local, and tribal requirements, including legal
confidentiality requirements for patients and health care
providers;
(3) implement proper protocols and procedures for referring
such victims to appropriate social or victims service agencies
or organizations;
(4) provide such victims care that is--
(A) coordinated;
(B) victim centered;
(C) culturally relevant;
(D) comprehensive;
(E) evidence based;
(F) gender responsive;
(G) age appropriate, with a focus on care for
youth; and
(H) trauma informed; and
(5) consider the potential for integrating the training
described in paragraphs (1) through (4) with training programs,
in effect on the date of enactment of this Act, for victims of
domestic violence, dating violence, sexual assault, stalking,
child abuse, child neglect, child maltreatment, and child
sexual exploitation.
(c) Functions.--
(1) In general.--The functions of the pilot program
established under subsection (a) shall include the functions of
the Stop, Observe, Ask, and Respond to Health and Wellness
Training program that was operating on the day before the date
of enactment of this Act and the authorized initiatives
described in paragraph (2).
(2) Authorized initiatives.--The authorized initiatives of
the pilot program established under subsection (a) shall
include--
(A) engaging stakeholders, including victims of
human trafficking and any Federal, State, local, or
tribal partners, to develop a flexible training
module--
(i) for achieving the objectives described
in subsection (b); and
(ii) that adapts to changing needs,
settings, health care providers, and other
related providers;
(B) making grants available to support training in
health care sites that represent diversity in--
(i) geography;
(ii) the demographics of the population
served;
(iii) the predominate types of human
trafficking cases; and
(iv) health care provider profiles;
(C) providing technical assistance for health
education programs to implement nationwide health care
protocol, or develop continuing education training
materials, that assist in achieving the objectives
described in subsection (b);
(D) developing a strategy to incentivize the
utilization of training materials developed under
subparagraph (C) and the implementation of nationwide
health care protocol described in such subparagraph, as
the Secretary determines appropriate; and
(E) developing a reliable methodology for
collecting data, and reporting such data, on the number
of human trafficking victims identified and served in
health care settings or other related provider
settings.
(d) Termination.--The pilot program established under subsection
(a) shall terminate on October 1, 2021.
SEC. 4. DATA COLLECTION AND REPORTING REQUIREMENTS.
(a) Data Collection.--During each of fiscal years 2016 through
2020, the Secretary shall collect data on each of the following:
(1) The total number of facilities that were operating
under the pilot program established under section 3(a)--
(A) during the previous fiscal year;
(B) between the previous fiscal year and the date
of enactment of this Act; and
(C) between the date of enactment of this Act and
the date of establishment of the Stop, Observe, Ask,
and Respond to Health and Wellness Training program
that was operating on the day before the date of
enactment of this Act.
(2) The total number of health care providers and other
related providers trained through the pilot program established
under such section--
(A) during the previous fiscal year;
(B) between the previous fiscal year and the date
of enactment of this Act; and
(C) between the date of enactment of this Act and
the date of establishment of the Stop, Observe, Ask,
and Respond to Health and Wellness Training program
that was operating on the day before the date of
enactment of this Act.
(b) Reporting.--Not later than 90 days after the first day of each
of fiscal years 2016 through 2020, the Secretary shall prepare and
submit to Congress a report on the data collected under subsection (a).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $3,000,000 for each of
fiscal years 2016 through 2020. | SOAR to Health and Wellness Act of 2015 This bill directs the Department of Health and Human Services (HHS) to establish a pilot program, to be known as Stop, Observe, Ask, and Respond to Health and Wellness Training (or SOAR to Health and Wellness Training), to provide training to health care providers and other related providers on human trafficking. The objectives of the pilot program shall be to provide training to enable such providers to: identify potential human trafficking victims; implement proper protocols and procedures for working with law enforcement to report and facilitate communication with victims in accordance with all applicable federal, state, local, and tribal requirements; implement proper protocols and procedures for referring victims to social or victims service agencies or organizations; provide such victims care that is coordinated, victim centered, culturally relevant, comprehensive, evidence based, gender responsive, age appropriate, and trauma informed; and consider the potential for integrating such training with existing training programs for victims of domestic violence, dating violence, sexual assault, stalking, child abuse, child neglect, child maltreatment, and child sexual exploitation. Functions of the pilot program shall include the functions of the training program that was operating on the day before this Act's enactment and the following authorized initiatives: engaging stakeholders, including human trafficking victims and any federal, state, local, or tribal partners, to develop a flexible training module that achieves such pilot program objectives and that adapts to changing needs, settings,and providers; making grants available to support training in health care sites that represent diversity in geography, the demographics of the population served, the predominate types of human trafficking cases, and health care provider profiles; providing technical assistance for health education programs to implement a nationwide health care protocol, or to develop continuing education training materials, that assist in achieving such objectives; developing a strategy to incentivize the utilization of training materials developed under this Act and the implementation of a nationwide health care protocol; and developing a reliable methodology for collecting and reporting data on the number of human trafficking victims identified and served in health care settings or other related provider settings. The program shall terminate on October 1, 2021. The bill requires HHS, during each of FY2016-FY2020, to collect data on the number of facilities that were operating under the program, and the total number of health care and related providers trained through the program, during such periods. | {"src": "billsum_train", "title": "SOAR to Health and Wellness Act of 2015"} | 1,227 | 504 | 0.741741 | 2.43594 | 0.985111 | 4.639831 | 2.493644 | 0.940678 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Pyramid Promotional Scheme Act
of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Pyramid promotional schemes, chain letters, and related
schemes are enterprises--
(A) that finance returns to participants through
sums taken from newly attracted participants;
(B) in which new participants are promised large
returns for their investments; and
(C) involve fraud and deceptive sales tactics, and
lead to the victimization of unwitting individuals of
limited means.
(2) Pyramid promotional schemes, chain letters, and related
schemes constitute a threat in interstate commerce and to the
financial well-being of the citizens of the United States.
(3) The advent of the global Internet makes pyramid
promotional schemes international threats.
SEC. 3. DEFINITIONS.
In this Act:
(1) Compensation.--The term ``compensation''--
(A) subject to subparagraph (B), means a payment of
any money, thing of value, or financial benefit
conferred in return for inducing another person to
become a participant in a pyramid promotional scheme;
and
(B) does not include payments that are based on
sales of goods or services by a person to others,
including anyone who is purchasing the goods or
services for actual use or consumption.
(2) Consideration.--The term ``consideration''--
(A) subject to subparagraph (B), means the payment
of cash or the purchase of goods, services, or
intangible property; and
(B) does not include--
(i) the purchase of goods or services
furnished at cost to be used in making sales
and not for resale; or
(ii) time and effort spent in pursuit of
sales or recruiting activities.
(3) Participant.--The term ``participant'' means a person
who gives consideration for the opportunity to receive
compensation in return for inducing others to join a pyramid
promotional scheme.
(4) Person.--The term ``person'' means an individual, a
corporation, a partnership, or any association or
unincorporated organization.
(5) Promote.--The term ``promote'' means to contrive,
prepare, establish, plan, operate, advertise, or to otherwise
induce or attempt to induce another person to be a participant
in a pyramid promotional scheme.
(6) Pyramid promotional scheme.--The term ``pyramid
promotional scheme''--
(A) means any plan or operation by which a
participant gives consideration for the opportunity to
receive compensation that is derived primarily from the
introduction of other persons into the plan or
operation rather than from the sale and consumption of
goods, services, or intangible property by a
participant or other persons introduced into the plan
or operation; and
(B) includes such a plan or operation under which--
(i) the number of persons who may
participate is limited either expressly or by
the application of conditions affecting the
eligibility of a person to receive compensation
under the plan or operation; or
(ii) a participant, on giving any
consideration, obtains any goods, services, or
intangible property in addition to the right to
receive compensation.
SEC. 4. RULES TO PROHIBIT OPERATING PYRAMID PROMOTIONAL SCHEME.
Not later than one year after the date of the enactment of this
Act, the Federal Trade Commission shall promulgate a rule under section
18(a) of the Federal Trade Commission Act (15 U.S.C. 57a(a)) providing
that it shall be an unfair or deceptive act or practice under section 5
of such Act (15 U.S.C. 45) for any person, by the use of any means or
instrumentality of transportation or communication in interstate or
foreign commerce, to promote, offer, sell, or attempt to sell a
participation or the right to participate in a pyramid promotional
scheme.
SEC. 5. STATE ENFORCEMENT.
(a) Actions Under State Law.--Nothing in this Act or the Federal
Trade Commission Act prohibits an authorized State official from
proceeding in State court on the basis of an alleged violation of any
civil or criminal statute of such State.
(b) Actions Under Federal Law.--The attorney general of any State
or territory of the United States may, upon finding any person is
engaged or is about to engage in any act or practice that constitutes a
pyramid promotional scheme in violation of the rule promulgated under
section 4, bring an action in the appropriate district court of the
United States to enjoin such act or practice and to obtain other
appropriate relief on behalf of residents of such State. Such court may
grant a temporary restraining order, or a preliminary or permanent
injunction. | Anti-Pyramid Promotional Scheme Act of 2002 - Directs the Federal Trade Commission to promulgate a rule declaring that it is an unfair or deceptive act or practice for any person to use any means or instrumentality of transportation or communication in interstate or foreign commerce in order to promote, offer, sell, or attempt to sell a participation or the right to participate in a pyramid promotional scheme.Provides for civil and criminal enforcement under both State and Federal law. | {"src": "billsum_train", "title": "To prohibit pyramid promotional schemes, and for other purposes."} | 1,043 | 106 | 0.516152 | 1.376509 | 0.881079 | 5.453488 | 11.081395 | 0.94186 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Activity Tax Simplification
Act of 2011''.
SEC. 2. MODERNIZATION OF PUBLIC LAW 86-272.
(a) Solicitations With Respect to Sales and Transactions of Other
Than Tangible Personal Property.--Section 101 of the Act entitled ``An
Act relating to the power of the States to impose net income taxes on
income derived from interstate commerce, and authorizing studies by
congressional committees of matters pertaining thereto'', approved
September 14, 1959 (15 U.S.C. 381 et seq.), is amended--
(1) in section (a), by striking ``either, or both,'' and
inserting ``any one or more'';
(2) in subsection (a)(1), by striking ``by such person''
and all that follows and inserting ``(which are sent outside
the State for approval or rejection) or customers by such
person, or his representative, in such State for sales or
transactions, which are--
``(A) in the case of tangible personal property,
filled by shipment or delivery from a point outside the
State; and
``(B) in the case of all other forms of property,
services, and other transactions, fulfilled or
distributed from a point outside the State;'';
(3) in subsection (a)(2), by striking the period at the end
and inserting a semicolon;
(4) in subsection (a), by adding at the end the following
new paragraphs:
``(3) the furnishing of information to customers or
affiliates in such State, or the coverage of events or other
gathering of information in such State by such person, or his
representative, which information is used or disseminated from
a point outside the State; and
``(4) those business activities directly related to such
person's potential or actual purchase of goods or services
within the State if the final decision to purchase is made
outside the State.'';
(5) by striking subsection (c) and inserting the following
new subsection:
``(c) For purposes of subsection (a) of this section, a person
shall not be considered to have engaged in business activities within a
State during any taxable year merely--
``(1) by reason of sales or transactions in such State, the
solicitation of orders for sales or transactions in such State,
the furnishing of information to customers or affiliates in
such State, or the coverage of events or other gathering of
information in such State, on behalf of such person by one or
more independent contractors;
``(2) by reason of the maintenance of an office in such
State by one or more independent contractors whose activities
on behalf of such person in such State are limited to making
sales or fulfilling transactions, soliciting order for sales or
transactions, the furnishing of information to customers or
affiliates, and/or the coverage of events or other gathering of
information; or
``(3) by reason of the furnishing of information to an
independent contractor by such person ancillary to the
solicitation of orders or transactions by the independent
contractor on behalf of such person.''; and
(6) in subsection (d)(1)--
(A) by inserting ``or fulfilling transactions''
after ``selling''; and
(B) by striking ``the sale of, tangible personal
property'' and inserting ``a sale or transaction,
furnishing information, or covering events, or
otherwise gathering information''.
(b) Application of Prohibitions to Other Business Activity Taxes.--
Title I of the Act entitled ``An Act relating to the power of the
States to impose net income taxes on income derived from interstate
commerce, and authorizing studies by congressional committees of
matters pertaining thereto'', approved September 14, 1959 (15 U.S.C.
381 et seq.), is amended by adding at the end the following:
``Sec. 105. For taxable periods beginning on or after January 1,
2012, the prohibitions of section 101 that apply with respect to net
income taxes shall also apply with respect to each other business
activity tax, as defined in section 5(a)(2) of the Business Activity
Tax Simplification Act of 2011. A State or political subdivision
thereof may not assess or collect any tax which by reason of this
section the State or political subdivision may not impose.''.
SEC. 3. MINIMUM JURISDICTIONAL STANDARD FOR STATE AND LOCAL NET INCOME
TAXES AND OTHER BUSINESS ACTIVITY TAXES.
(a) In General.--No taxing authority of a State shall have power to
impose, assess, or collect a net income tax or other business activity
tax on any person relating to such person's activities in interstate
commerce unless such person has a physical presence in the State during
the taxable period with respect to which the tax is imposed.
(b) Requirements for Physical Presence.--
(1) In general.--For purposes of subsection (a), a person
has a physical presence in a State only if such person's
business activities in the State include any of the following
during such person's taxable year:
(A) Being an individual physically in the State, or
assigning one or more employees to be in the State.
(B) Using the services of an agent (excluding an
employee) to establish or maintain the market in the
State, if such agent does not perform business services
in the State for any other person during such taxable
year.
(C) The leasing or owning of tangible personal
property or of real property in the State.
(2) De minimis physical presence.--For purposes of this
section, the term ``physical presence'' shall not include--
(A) presence in a State for less than 15 days in a
taxable year (or a greater number of days if provided
by State law); or
(B) presence in a State to conduct limited or
transient business activity.
(c) Taxable Periods Not Consisting of a Year.--If the taxable
period for which the tax is imposed is not a year, then any
requirements expressed in days for establishing physical presence under
this Act shall be adjusted pro rata accordingly.
(d) Minimum Jurisdictional Standard.--This section provides for
minimum jurisdictional standards and shall not be construed to modify,
affect, or supersede the authority of a State or any other provision of
Federal law allowing persons to conduct greater activities without the
imposition of tax jurisdiction.
(e) Exceptions.--
(1) Domestic business entities and individuals domiciled
in, or residents of, the state.--Subsection (a) does not apply
with respect to--
(A) a person (other than an individual) that is
incorporated or formed under the laws of the State (or
domiciled in the State) in which the tax is imposed; or
(B) an individual who is domiciled in, or a
resident of, the State in which the tax is imposed.
(2) Taxation of partners and similar persons.--This section
shall not be construed to modify or affect any State business
activity tax liability of an owner or beneficiary of an entity
that is a partnership, an S corporation (as defined in section
1361 of the Internal Revenue Code of 1986), a limited liability
company (classified as a partnership for Federal income tax
purposes), a trust, an estate, or any other similar entity, if
the entity has a physical presence in the State in which the
tax is imposed.
(3) Preservation of authority.--This section shall not be
construed to modify, affect, or supersede the authority of a
State to enact a law and bring an enforcement action under such
law or existing law against a person or persons or an entity or
entities, including but not limited to related persons or
entities, that is or are engaged in an illegal activity, a sham
transaction, or an actual abuse in its or their business
activities in order to ensure a proper reflection of its or
their tax liabilities, nor shall it supersede the authority of
a State to require combined reporting.
SEC. 4. GROUP RETURNS.
If, in computing the net income tax or other business activity tax
liability of a person for a taxable year, the net income or other
economic results of affiliated persons is taken into account, the
portion of such combined or consolidated net income or other economic
results that may be subject to tax by the State shall be computed using
the methodology that is generally applicable to businesses conducting
similar business activities and, if that generally applicable
methodology employs an apportionment formula, the denominator or
denominators of that formula shall include the aggregate factors of all
persons whose net income or other economic results are included in such
combined or consolidated net income or other economic results and the
numerator or numerators shall include the factors attributable to the
state of only those persons that are themselves subject to taxation by
the State pursuant to the provisions of this Act and subject to all
other legal constraints on State taxation of interstate or foreign
commerce.
SEC. 5. DEFINITIONS AND EFFECTIVE DATE.
(a) Definitions.--For purposes of this Act:
(1) Net income tax.--The term ``net income tax'' has the
meaning given that term for the purposes of the Act entitled
``An Act relating to the power of the States to impose net
income taxes on income derived from interstate commerce, and
authorizing studies by congressional committees of matters
pertaining thereto'', approved September 14, 1959 (15 U.S.C.
381 et seq.).
(2) Other business activity tax.--
(A) In general.--The term ``other business activity
tax'' means any tax in the nature of a net income tax
or tax measured by the amount of, or economic results
of, business or related activity conducted in the
State.
(B) Exclusion.--The term ``other business activity
tax'' does not include a sales tax, a use tax, or a
similar transaction tax, imposed on the sale or
acquisition of goods or services, whether or not
denominated a tax imposed on the privilege of doing
business.
(3) Person.--The term ``person'' has the meaning given such
term by section 1 of title 1 of the United States Code. Each
corporation that is a member of a group of affiliated
corporations, whether unitary or not, is itself a separate
``person.''
(4) State.--The term ``State'' means any of the several
States, the District of Columbia, or any territory or
possession of the United States, or any political subdivision
of any of the foregoing.
(5) Tangible personal property.--For purposes of section
3(b)(1)(C), the leasing or owning of tangible personal property
does not include the leasing or licensing of computer software.
(b) Effective Date.--This Act shall apply with respect to taxable
periods beginning on or after January 1, 2012. | Business Activity Tax Simplification Act of 2011 - Expands the prohibition against state taxation of interstate commerce to include: (1) taxation of out-of-state sales transactions involving all forms of property, including intangible personal property and services (currently, only sales of tangible personal property are protected); and (2) all other business activity taxes in addition to net income taxes. Exempts from state taxation persons who enter a state merely to furnish information to customers and affiliates, to cover news or other events, or to gather information in the state.
Sets forth jurisdictional standards for states in imposing, assessing, or collecting a net income tax or other business activity tax on interstate activities. Defines "physical presence in a state" as: (1) being an individual physically in a state or assigning one or more employees to be in a state, (2) using the services of an agent to establish or maintain the market in a state, and (3) leasing or owning tangible personal or real property in a state (excluding the leasing or licensing of computer software). Excludes from the definition of "physical presence" presence in a state for less than 15 days in a taxable year or presence in a state to conduct limited or transient business activity.
Provides that this Act shall not be construed to modify or affect any state business activity tax on a partnership, an S corporation or limited liability company, or a trust or estate that has a physical presence in the state or to supersede the authority of a state to enact a law or bring a law enforcement action against persons or entities engaged in illegal activity or sham transactions.
Sets forth a rule for computing the net income tax or other business activity tax liability of an affiliated group.
Makes this Act applicable to taxable periods beginning on or after January 1, 2012. | {"src": "billsum_train", "title": "To regulate certain State taxation of interstate commerce, and for other purposes."} | 2,429 | 398 | 0.508261 | 1.531278 | 0.77456 | 3.593407 | 6.156593 | 0.895604 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Tropical Forest
Conservation Reauthorization Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment to short title of Act to encompass modified scope.
Sec. 3. Protection of forests and coral reefs.
Sec. 4. Change to name of facility.
Sec. 5. Eligibility for benefits.
Sec. 6. United States Government representation on oversight bodies for
grants from debt-for-nature swaps and debt
buybacks.
Sec. 7. Conservation agreements.
Sec. 8. Conservation Fund.
Sec. 9. Repeal of authority of the Enterprise for the Americas Board to
carry out activities under the Tropical
Forest Conservation Authorization Act of
1998.
Sec. 10. Changes to due dates of annual reports to Congress.
Sec. 11. Changes to International Monetary Fund criterion for country
eligibility.
Sec. 12. New authorization of appropriations for the reduction of debt
and authorization for audit, evaluation,
monitoring, and administration expenses.
SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS MODIFIED SCOPE.
(a) In General.--Section 801 of the Tropical Forest Conservation
Act of 1998 (Public Law 87-195; 22 U.S.C. 2151 note) is amended by
striking ``Tropical Forest Conservation Act of 1998'' and inserting
``Tropical Forest Conservation Reauthorization Act of 2015''.
(b) References.--Any reference in any other provision of law,
regulation, document, paper, or other record of the United States to
the ``Tropical Forest Conservation Act of 1998'' shall be deemed to be
a reference to the ``Tropical Forest Conservation Reauthorization Act
of 2015''.
SEC. 3. PROTECTION OF FORESTS AND CORAL REEFS.
(a) In General.--Section 802 of the Tropical Forest Conservation
Reauthorization Act of 2015 (22 U.S.C. 2431), as renamed by section
2(a), is amended--
(1) in subsections (a)(1), (a)(6), (b)(1), (b)(3), and
(b)(4), by striking ``tropical forests'' each place it appears
and inserting ``tropical forests, non-tropical forests, and
coral reef ecosystems'';
(2) in subsection (a)(2)(C), by striking ``far-flung'';
(3) in subsection (a)(7), by striking ``tropical forests is
critical to the protection of tropical forests'' and inserting
``tropical forests, non-tropical forests, and coral reef
ecosystems is critical to the protection of such areas''; and
(4) in subsection (b)(2)--
(A) by striking ``tropical forests'' the first
place it appears and inserting ``tropical forests, non-
tropical forests, and coral ecosystems'';
(B) by striking ``tropical forests'' the second
place it appears and inserting ``areas''; and
(C) by striking ``tropical forests'' the third
place it appears and inserting ``tropical forests, non-
tropical forests, and coral reef ecosystems''.
(b) Amendments Related to Definitions.--Section 803 of such Act (22
U.S.C. 2431a) is amended--
(1) in paragraph (5)--
(A) in the heading, by striking ``tropical forest''
and inserting ``tropical forest, non-tropical forest,
or coral reef'';
(B) in the matter preceding subparagraph (A), by
striking ``tropical forest'' and inserting ``tropical
forest, non-tropical forest, or coral reef''; and
(C) in subparagraph (B)--
(i) by striking ``tropical forest'' and
inserting ``tropical forest, non-tropical
forest, or coral reef''; and
(ii) by striking ``tropical forests'' and
inserting ``tropical forests, non-tropical
forests, or coral reefs'' and
(2) by adding at the end the following new paragraphs:
``(10) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft
corals), Gorgonacea (horny corals), Stolonifera
(organpipe corals and others), and Coenothecalia (blue
coral), of the class Anthoza; and
``(B) all species of the order Hydrocorallina (fire
corals and hydrocorals) of the class Hydrozoa.
``(11) Coral reef.--The term `coral reef' means any reef or
shoal composed primarily of coral.
``(12) Coral reef ecosystem.--The term `coral reef
ecosystem' means any coral reef and any coastal marine
ecosystem surrounding, or directly related to, a coral reef and
important to maintaining the ecological integrity of that coral
reef, such as seagrasses, mangroves, sandy seabed communities,
and immediately adjacent coastal areas.''.
SEC. 4. CHANGE TO NAME OF FACILITY.
(a) In General.--Section 804 of the Tropical Forest Conservation
Reauthorization Act of 2015 (22 U.S.C. 2431b), as renamed by section
2(a), is amended by striking ``Tropical Forest Facility'' and inserting
``Conservation Facility''.
(b) Conforming Amendments to Definitions.--Section 803(8) of such
Act (22 U.S.C. 2431a(8)) is amended--
(1) in the heading, by striking ``Tropical forest
facility'' and inserting ``Conservation facility''; and
(2) by striking ``Tropical Forest Facility'' both places it
appears and inserting ``Conservation Facility''.
(c) References.--Any reference in any other provision of law,
regulation, document, paper, or other record of the United States to
the ``Tropical Forest Facility'' shall be deemed to be a reference to
the ``Conservation Facility''.
SEC. 5. ELIGIBILITY FOR BENEFITS.
Section 805(a) of the Tropical Forest Conservation Reauthorization
Act of 2015 (22 U.S.C. 2431c(a)), as renamed by section 2(a), is
amended by striking ``tropical forest'' and inserting ``tropical
forest, non-tropical forest, or coral reef''.
SEC. 6. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR
GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT BUYBACKS.
Section 808(a)(5) of the Tropical Forest Conservation
Reauthorization Act of 2015 (22 U.S.C. 2431f(a)(5)), as renamed by
section 2(a), is amended by adding at the end the following new
subparagraph:
``(C) United states government representation on
the administering body.--One or more individuals
appointed by the United States Government may serve in
an official capacity on the administering body that
oversees the implementation of grants arising from a
debt-for-nature swap or debt buyback regardless of
whether the United States is a party to any agreement
between the eligible purchaser and the government of
the beneficiary country.''.
SEC. 7. CONSERVATION AGREEMENTS.
(a) Renaming of Agreements.--Section 809 of the Tropical Forest
Conservation Reauthorization Act of 2015 (22 U.S.C. 2431g), as renamed
by section 2(a), is amended--
(1) in the section heading, by striking ``tropical forest
agreement'' and inserting ``conservation agreement''; and
(2) in subsection (a)--
(A) by striking ``Authority'' and all that follows
through ``(1) In general.--The Secretary'' and
inserting ``Authority.--The Secretary''; and
(B) by striking ``Tropical Forest Agreement'' and
inserting ``Conservation Agreement''.
(b) Elimination of Requirement To Consult With the Enterprise for
the Americas Board.--Such subsection is further amended by striking
paragraph (2).
(c) Role of Beneficiary Countries.--Such section is further
amended--
(1) in subsection (e)(1)(C), by striking ``in exceptional
circumstances, the government of the beneficiary country'' and
inserting ``in limited circumstances, the government of the
beneficiary country when needed to improve governance and
enhance management of tropical forests, non-tropical forests,
or coral reef ecosystems, without replacing existing levels of
financial efforts by the government of the beneficiary country
and with priority given to projects that complement grants made
under subparagraphs (A) and (B)''; and
(2) by amending subsection (f) to read as follows:
``(f) Review of Larger Grants.--Any grant of more than $250,000
from a Fund must be approved by the Government of the United States and
the government of the beneficiary country.''.
(d) Technical and Conforming Amendments.--Such section is further
amended--
(1) in subsection (c)(2)(A)(i), by inserting ``to serve in
an official capacity'' after ``Government'';
(2) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``tropical forests'' and inserting ``tropical
forests, non-tropical forests, and coral reef
ecosystems'';
(B) in paragraph (5), by striking ``tropical
forest''; and
(C) in paragraph (6), by striking ``living in or
near a tropical forest in a manner consistent with
protecting such tropical forest'' and inserting
``dependent on a tropical forest, non-tropical forest,
or coral reef ecosystem and related resources in a
manner consistent with conserving such resources''.
(e) Conforming Amendments to Definitions.--Section 803(7) of such
Act (22 U.S.C. 2431a(7)) is amended--
(1) in the heading, by striking ``Tropical forest
agreement'' and inserting ``Conservation agreement''; and
(2) by striking ``Tropical Forest Agreement'' both places
it appears and inserting ``Conservation Agreement''.
SEC. 8. CONSERVATION FUND.
(a) In General.--Section 810 of the Tropical Forest Conservation
Reauthorization Act of 2015 (22 U.S.C. 2431h), as renamed by section
2(a), is amended--
(1) in the section heading, by striking ``tropical forest
fund'' and inserting ``conservation fund''; and
(2) in subsection (a)--
(A) by striking ``Tropical Forest Agreement'' and
inserting ``Conservation Agreement''; and
(B) by striking ``Tropical Forest Fund'' and
inserting ``Conservation Fund''.
(b) Conforming Amendments to Definitions.--Such Act is further
amended--
(1) in section 803(9) (22 U.S.C. 2431a(9))--
(A) in the heading, by striking ``Tropical forest
fund'' and inserting ``Conservation fund''; and
(B) by striking ``Tropical Forest Fund'' both
places it appears and inserting ``Conservation Fund'';
(2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), by
striking ``Tropical Forest Fund'' and inserting ``Conservation
Fund''; and
(3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), by
striking ``Tropical Forest Fund'' and inserting ``Conservation
Fund''.
SEC. 9. REPEAL OF AUTHORITY OF THE ENTERPRISE FOR THE AMERICAS BOARD TO
CARRY OUT ACTIVITIES UNDER THE TROPICAL FOREST
CONSERVATION AUTHORIZATION ACT OF 1998.
(a) In General.--Section 811 of the Tropical Forest Conservation
Reauthorization Act of 2015 (22 U.S.C. 2431i), as renamed by section
2(a), is repealed.
(b) Conforming Amendments.--Section 803 of such Act (22 U.S.C.
2431a) is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraphs (5), (6), (7), (8), and (9)
as paragraphs (4), (5), (6), (7), and (8), respectively.
SEC. 10. CHANGES TO DUE DATES OF ANNUAL REPORTS TO CONGRESS.
Section 813 of the Tropical Forest Conservation Reauthorization Act
of 2015 (22 U.S.C. 2431k), as renamed by section 2(a), is amended--
(1) in subsection (a)--
(A) by striking ``(a) In General.--Not later than
December 31'' and inserting ``Not later than April
15''; and
(B) by striking ``fiscal year'' both places it
appears and inserting ``calendar year''; and
(2) by striking subsection (b).
SEC. 11. CHANGES TO INTERNATIONAL MONETARY FUND CRITERION FOR COUNTRY
ELIGIBILITY.
Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C.
2430b(a)(5)) is amended--
(1) by striking ``or, as appropriate in exceptional
circumstances,'' and inserting ``or'';
(2) in subparagraph (A)--
(A) by striking ``or in exceptional circumstances,
a Fund monitored program or its equivalent,'' and
inserting ``or a Fund monitored program, or is
implementing sound macroeconomic policies,''; and
(B) by striking ``(after consultation with the
Enterprise for the Americas Board)''; and
(3) in subparagraph (B), by striking ``(after consultation
with the Enterprise for Americas Board)''.
SEC. 12. NEW AUTHORIZATION OF APPROPRIATIONS FOR THE REDUCTION OF DEBT
AND AUTHORIZATION FOR AUDIT, EVALUATION, MONITORING, AND
ADMINISTRATION EXPENSES.
Section 806 of the Tropical Forest Conservation Reauthorization Act
of 2015 (22 U.S.C. 2431d), as renamed by section 2(a), is amended--
(1) in subsection (d), by adding at the end the following
new paragraphs:
``(7) $20,000,000 for fiscal year 2015.
``(8) $20,000,000 for fiscal year 2016.
``(9) $20,000,000 for fiscal year 2017.
``(10) $20,000,000 for fiscal year 2018.''; and
(2) by amending subsection (e) to read as follows:
``(e) Use of Funds To Conduct Program Audits, Evaluations,
Monitoring, and Administration.--Of the amounts made available to carry
out this part for a fiscal year, $300,000 is authorized to be made
available to carry out audits, evaluations, monitoring, and
administration of programs under this part, including personnel costs
associated with such audits, evaluations, monitoring and
administration.''. | Tropical Forest Conservation Reauthorization Act of 2015 This bill renames the Tropical Forest Conservation Act of 1998 as the Tropical Forest Conservation Reauthorization Act of 2015. Non-tropical forests and coral reef ecosystems are included within the scope of, and made eligible for benefits under, the Tropical Forest Conservation Reauthorization Act of 2015. The Tropical Forest Facility is renamed the Conservation Facility. One or more individuals appointed by the U.S. government may serve on oversight bodies for grants from a debt-for-nature swap or debt buyback regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country. The Tropical Forest Fund is renamed the Conservation Fund. A grant of more than $250,000 from a Fund must be approved by the U.S. government and the government of the beneficiary country. Certain reporting due dates are revised. The Foreign Assistance Act of 1961 is amended to revise International Monetary Fund criteria for country eligibility. | {"src": "billsum_train", "title": "Tropical Forest Conservation Reauthorization Act of 2015"} | 3,603 | 209 | 0.647436 | 2.027288 | 0.949111 | 4.553073 | 16.497207 | 0.921788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blackstone River Valley National
Heritage Corridor Amendments Act of -1-9-9-3-'-'-. 1994''.
SEC. 2. BOUNDARY CHANGES.
Section 2 of the Act entitled ``An Act to establish the Blackstone
River Valley National Heritage Corridor in Massachusetts and Rhode
Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461
note), is amended by striking the first sentence and inserting the
following new sentence: ``The boundaries shall include the lands and
water generally depicted on the map entitled Blackstone River Valley
National Heritage Corridor Boundary Map, numbered BRV-80-80,011, and
dated May 2, 1993.''.
SEC. 3. TERMS.
Section 3(c) of the Act entitled ``An Act to establish the
Blackstone River Valley National Heritage Corridor in Massachusetts and
Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16
U.S.C. 461 note), is amended by inserting immediately before the period
at the end the following: ``, but may continue to serve after the
expiration of this term until a successor has been appointed.''.
SEC. 4. REVISION OF PLAN.
Section 6 of the Act entitled ``An Act to establish the Blackstone
River Valley National Heritage Corridor in Massachusetts and Rhode
Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461
note), is amended by adding at the end the following new subsection:
``(d) Revision of Plan.--(1) Not later than 1 year after the date
of enactment of this subsection, the Commission, with the approval of
the Secretary, shall revise the Cultural Heritage and Land Management
Plan. The revision shall address the boundary change and shall include
a natural resource inventory of areas or features that should be
protected, restored, managed, or acquired because of their contribution
to the understanding of national cultural landscape values.
``(2) No changes other than minor revisions may be made in the
approved plan as amended without the approval of the Secretary. The
Secretary shall approve or disapprove any proposed change in the plan,
except minor revisions, in accordance with subsection (b).''.
SEC. 5. EXTENSION OF COMMISSION.
Section 7 of the Act entitled ``An Act to establish the Blackstone
River Valley National Heritage Corridor in Massachusetts and Rhode
Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461
note), is amended to read as follows:
``termination of commission
``Sec. 7. (a) Termination.--Except as provided in subsection (b),
the Commission shall terminate on the date that is 10 years after the
date of enactment of the Blackstone River Valley National Heritage
Corridor Amendments Act of -1-9-9-3-. 1994.
``(b) Extension.--The Commission may be extended for
-a-d-d-i-t-i-o-n-a-l -t-e-r-m-s -o-f -c-o-n-s-e-c-u-t-i-v-e -1-0--
-y-e-a-r -p-e-r-i-o-d-s an additional term of 10 years if--
``(1) not later than 180 days before the termination of the
Commission, the Commission determines that an extension is
necessary to carry out this Act;
``(2) the Commission submits a proposed extension to the
appropriate committees of the Senate and the House of
Representatives; and
``(3) the Secretary, the Governor of Massachusetts, and the
Governor of Rhode Island each approve the extension.
``(c) Determination of Approval.--The Secretary shall approve the
extension if the Secretary finds that--
``(1) the Governor of Massachusetts and the Governor of
Rhode Island provide adequate assurances of continued tangible
contribution and effective policy support toward achieving the
purposes of this Act; and
``(2) the Commission is effectively assisting Federal,
State, and local authorities to retain, enhance, and interpret
the distinctive character and nationally significant resources
of the Corridor.''.
SEC. 6. IMPLEMENTATION OF THE PLAN.
Subsection (c) of section 8 of the Act entitled ``An Act to
establish the Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island'', approved November 10, 1986 (Public
Law 99-647; 16 U.S.C. 461 note), is amended to read as follows: U.S.C.
461 note), as amended, is amended by inserting the following:
-`-`-(-c-) -I-m-p-l-e-m-e-n-t-a-t-i-o-n-.----(-1-) -T-o
-a-s-s-i-s-t -i-n -t-h-e -i-m-p-l-e-m-e-n-t-a-t-i-o-n -o-f -t-h-e
-C-u-l-t-u-r-a-l -H-e-r-i-t-a-g-e -a-n-d -L-a-n-d -M-a-n-a-g-e-m-e-n-t
-P-l-a-n -i-n -a -m-a-n-n-e-r -t-h-a-t -i-s -c-o-n-s-i-s-t-e-n-t
-w-i-t-h -t-h-e -p-u-r-p-o-s-e-s -o-f -t-h-i-s -A-c-t -a-n-d -f-o-r
-t-h-e -p-r-e-s-e-r-v-a-t-i-o-n -a-n-d -r-e-s-t-o-r-a-t-i-o-n -o-f
-s-t-r-u-c-t-u-r-e-s -o-n -o-r -e-l-i-g-i-b-l-e -f-o-r
-i-n-c-l-u-s-i-o-n -o-n -t-h-e -N-a-t-i-o-n-a-l -R-e-g-i-s-t-e-r -o-f
-H-i-s-t-o-r-i-c -P-l-a-c-e-s-, -t-h-e -S-e-c-r-e-t-a-r-y -i-s
-a-u-t-h-o-r-i-z-e-d -t-o -p-r-o-v-i-d-e -f-u-n-d-s -f-o-r
-p-r-o-j-e-c-t-s -i-n -t-h-e -C-o-r-r-i-d-o-r -t-h-a-t -e-x-h-i-b-i-t
-n-a-t-i-o-n-a-l -s-i-g-n-i-f-i-c-a-n-c-e -o-r -p-r-o-v-i-d-e -a
-w-i-d-e -s-p-e-c-t-r-u-m -o-f -h-i-s-t-o-r-i-c-,
-r-e-c-r-e-a-t-i-o-n-a-l-, -e-n-v-i-r-o-n-m-e-n-t-a-l-,
-e-d-u-c-a-t-i-o-n-a-l-, -o-r -i-n-t-e-r-p-r-e-t-i-v-e
-o-p-p-o-r-t-u-n-i-t-i-e-s-, -w-i-t-h-o-u-t -r-e-g-a-r-d -t-o
-w-h-e-t-h-e-r -t-h-e -p-r-o-j-e-c-t-s -a-r-e -i-n -p-u-b-l-i-c -o-r
-p-r-i-v-a-t-e -o-w-n-e-r-s-h-i-p-.
``(c) Implementation.--(1) To assist in the implementation of the
Cultural Heritage and Land Management Plan in a manner consistent with
purposes of this Act, the Secretary is authorized to undertake a
limited program of financial assistance for the purpose of providing
funds for the preservation and restoration of structures on or eligible
for inclusion on the National Register of Historic Places within the
Corridor which exhibit national significance or provide a wide spectrum
of historic, recreational, or environmental education opportunities to
the general public.
``(2) To be eligible for funds under this section, the Commission
shall submit an application to the Secretary that includes--
``(A) a 10-year development plan including those resource
protection needs and projects critical to maintaining or
interpreting the distinctive character of the Corridor; and
``(B) specific descriptions of annual work programs that
have been assembled, the participating parties, roles, cost
estimates, cost-sharing, or cooperative agreements necessary to
carry out the development plan.
``(3) Funds made available pursuant to this subsection shall not
exceed 50 percent of the total cost of the work programs.
``(4) In making the funds available, the Secretary shall give
priority to projects that attract greater non-Federal funding sources.
``(5) Any payment made for the purposes of conservation or
restoration of real property or structures shall be subject to an
agreement either--
``(A) to convey a conservation or preservation easement to
the Department of Environmental Management or to the Historic
Preservation Commission, as appropriate, of the State in which
the real property or structure is located; or
-`-`-(-B-) -t-h-a-t -c-o-n-v-e-r-s-i-o-n-, -u-s-e-, -o-r
-d-i-s-p-o-s-a-l -o-f -t-h-e -r-e-s-o-u-r-c-e-s -s-o
-a-s-s-i-s-t-e-d -f-o-r -p-u-r-p-o-s-e-s -c-o-n-t-r-a-r-y -t-o
-t-h-e -p-u-r-p-o-s-e-s -o-f -t-h-i-s -A-c-t-, -a-s
-d-e-t-e-r-m-i-n-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y-, -t-h-e
-r-e-c-i-p-i-e-n-t-, -h-i-s -s-u-c-c-e-s-s-o-r-s -o-r
-a-s-s-i-g-n-s -s-h-a-l-l -p-a-y -t-o -t-h-e -U-n-i-t-e-d
-S-t-a-t-e-s -t-h-e -t-o-t-a-l -c-o-s-t -o-f -a-l-l
-F-e-d-e-r-a-l -f-u-n-d-s -m-a-d-e -a-v-a-i-l-a-b-l-e -t-o
-s-u-c-h -p-r-o-j-e-c-t -r-e-d-u-c-e-d -p-r-o -r-a-t-a -o-v-e-r
-t-h-e -u-s-e-f-u-l -l-i-f-e -o-f -t-h-e
-i-m-p-r-o-v-e-m-e-n-t-s -f-u-n-d-e-d -o-r -t-h-e
-i-n-c-r-e-a-s-e-d -v-a-l-u-e -o-f -t-h-e -p-r-o-j-e-c-t
-a-t-t-r-i-b-u-t-a-b-l-e -t-o -t-h-e -f-u-n-d-s -a-s
-d-e-t-e-r-m-i-n-e-d -a-t -t-h-e -t-i-m-e -o-f -t-h-e
-c-o-n-v-e-r-s-i-o-n-, -u-s-e-, -o-r -d-i-s-p-o-s-a-l-,
-w-h-i-c-h-e-v-e-r -i-s -g-r-e-a-t-e-r-.
``(B) that conversion, use, or disposal of the resources so
assisted for purposes contrary to the purposes of this Act, as
determined by the Secretary, shall result in a right of the
United States for reimbursement of all funds expended upon such
resources or the proportion of the increased value of the
resources attributable to such funds as determined at the time
of such conversion, use, or disposal, whichever is greater.
``(6) The authority to determine that a conversion, use, or
disposal of resources has been carried out contrary to the purposes of
this Act in violation of an agreement entered into under paragraph
(5)(A) shall be solely at the discretion of the Secretary.''.
SEC. 7. LOCAL AUTHORITY.
Section 5 of the Act entitled ``An Act to establish the Blackstone
River Valley National Heritage Corridor in Massachusetts and Rhode
Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461
note), is amended by adding at the end the following new subsection:
``(j) Local Authority and Private Property Not Affected.--Nothing
in this Act shall be construed to affect or to authorize the Commission
to interfere with--
``(1) the rights of any person with respect to private
property; or
``(2) any local zoning ordinance or land use plan of the
Commonwealth of Massachusetts or a political subdivision of
such Commonwealth.''.
SEC. -7-. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Act entitled ``An Act to establish the Blackstone
River Valley National Heritage Corridor in Massachusetts and Rhode
Island'', approved November 10, 1986 (Public Law 99-647; 16
-U-.-S-.-C-. -4-6-1 -n-o-t-e-)-, -i-s -a-m-e-n-d-e-d--- U.S.C. 461
note), as amended, is further amended--
(1) in subsection (a), by striking ``$350,000'' and
inserting ``$650,000''; and
(2) by amending subsection (b) to read as follows:
``(b) Development Funds.--For fiscal years -1-9-9-4-, -1-9-9-5-,
-a-n-d -1-9-9-6-, 1995, 1996, and 1997, there is authorized to be
appropriated to carry out section 8(c), $5,000,000 in the
-a-g-g-r-e-g-a-t-e-, -a-n-d -f-o-r -e-a-c-h -f-i-s-c-a-l -y-e-a-r
-t-h-e-r-e-a-f-t-e-r-, -s-u-c-h -s-u-m-s -a-s -a-r-e
-n-e-c-e-s-s-a-r-y-.-'-' aggregate.''. | Blackstone River Valley National Heritage Corridor Amendments Act of 1994 - Modifies the boundaries of the Blackstone River Valley National Heritage Corridor.
Requires the Blackstone River Valley National Heritage Corridor Commission to revise the Cultural Heritage and Land Management Plan to address the boundary change and include a natural resource inventory of areas or features that should be protected, restored, managed, or acquired because of their contribution to the understanding of national cultural landscape values. Prohibits changes other than minor revisions in the approved plan as amended without the approval of the Secretary of the Interior.
Extends the date of termination of the Commission until ten years after this Act's enactment, subject to specified conditions. Directs the Secretary to approve an additional extension if the Secretary finds that: (1) the Governors of Massachusetts and Rhode Island provide adequate assurances of continued tangible contribution and effective policy support toward achieving the purposes of the Corridor; and (2) the Commission is effectively assisting Federal, State, and local authorities to retain, enhance, and interpret the distinctive character and nationally significant resources of the Corridor.
Authorizes the Secretary to undertake a limited program of financial assistance for the purpose of providing funds for the preservation and restoration of structures on or eligible for inclusion on the National Register of Historic Places within the Corridor which exhibit national significance or provide a wide spectrum of historic, recreational, or environmental education opportunities to the general public.
Specifies that nothing in the Act establishing the Corridor shall be construed to affect or authorize the Commission to interfere with: (1) the rights of any person with respect to private property; or (2) any local zoning ordinance or land use plan of the Commonwealth of Massachusetts or a political subdivision of such Commonwealth.
Increases and extends the authorization of appropriations under the Act. | {"src": "billsum_train", "title": "Blackstone River Valley National Heritage Corridor Amendments Act of 1994"} | 4,113 | 390 | 0.684233 | 2.051406 | 0.820817 | 6.737609 | 10.504373 | 0.941691 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eightmile Wild and Scenic River
Act''.
SEC. 2. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER,
CONNECTICUT.
(a) Findings.--Congress finds that--
(1) the Eightmile River Wild and Scenic River Study Act of
2001 (Public Law 107-65; 115 Stat. 484) required the Secretary
to complete a study of the Eightmile River in the State of
Connecticut from its headwaters downstream to its confluence
with the Connecticut River for potential inclusion in the
National Wild and Scenic Rivers System;
(2) the segments of the Eightmile River that were assessed
in the study continue to be in a free-flowing condition;
(3) the segments of the Eightmile River contain outstanding
resource values relating to--
(A) cultural landscapes;
(B) water quality;
(C) watershed hydrology;
(D) unique species;
(E) natural communities;
(F) geology; and
(G) watershed ecosystems;
(4) the Eightmile River Wild and Scenic Study Committee has
determined that--
(A) the outstanding resource values of those
segments of the Eightmile River depend on the continued
integrity and quality of the Eightmile River watershed;
(B) those resource values that are manifested
throughout the entire watershed; and
(C) the continued protection of the entire
watershed is intrinsically important to the designation
of the Eightmile River under this Act;
(5) the Eightmile River Wild and Scenic Study Committee
took a watershed approach in studying and recommending
management options for the river segments and the Eightmile
River watershed as a whole;
(6) during the study, the Eightmile River Wild and Scenic
Study Committee prepared the Eightmile River Management Plan to
establish objectives, standards, and action programs to ensure
long-term protection of the outstanding values of the river,
and compatible management of the land and water resources of
the Eightmile River and its watershed, without Federal
management of affected land not owned by the United States;
(7) the Eightmile River Wild and Scenic Study Committee--
(A) voted in favor of including the Eightmile River
in the National Wild and Scenic Rivers System; and
(B) included that recommendation as an integral
part of the Eightmile River Watershed Management Plan;
(8) the residents of the towns located adjacent to the
Eightmile River and comprising most of its watershed, including
Salem, East Haddam, and Lyme, Connecticut, as well as the
boards of selectmen and land use commissions of those towns,
voted--
(A) to endorse the Eightmile River Watershed
Management Plan; and
(B) to seek designation of the river as a component
of the National Wild and Scenic Rivers System.
(9) the General Assembly of the State of Connecticut
enacted Public Act 05-18--
(A) to endorse the Eightmile River Watershed
Management Plan; and
(B) to seek the designation of the Eightmile River
as a component of the National Wild and Scenic Rivers
System.
(b) Definitions.--In this Act:
(1) Eightmile river.--The term ``Eightmile River'' means
segments of the main stem and certain tributaries of the
Eightmile River in the State of Connecticut that are designated
as components of the National Wild and Scenic Rivers System by
the amendment made by subsection (c).
(2) Management plan.--The term ``Management Plan'' means
the plan prepared by the Eightmile River Wild and Scenic Study
Committee, with assistance from the National Park Service,
known as the ``Eightmile River Watershed Management Plan'', and
dated December 8, 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended--
(1) by redesignating paragraph (167) (relating to the
Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to
the White Salmon River, Washington, as paragraph (167);
(3) by designating the undesignated paragraph relating to
the Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
``(170) Eightmile River, Connecticut.--The following segments in
the Eightmile River in the State of Connecticut, totaling approximately
25.3 miles, to be administered by the Secretary of the Interior:
``(A) The 10.8-mile segment of the main stem of the
Eightmile River, from Lake Hayward Brook to the Connecticut
River at the mouth of Hamburg Cove, as a scenic river.
``(B) The 8.0-mile segment of the East Branch of the
Eightmile River from Witch Meadow Road to the main stem of the
Eightmile River, as a scenic river.
``(C) The 3.9-mile segment of Harris Brook from the
confluence of an unnamed stream lying 0.74 miles due east of
the intersection of Hartford Road (State Route 85) and Round
Hill Road to the East Branch of the Eightmile River, as a
scenic river.
``(D) The 1.9-mile segment of Beaver Brook from Cedar Pond
Brook to the main stem of the Eightmile River, as a scenic
river.
``(E) The 0.7-mile segment of Falls Brook from Tisdale
Brook to the main stem of the Eightmile River at Hamburg Cove,
as a scenic river.''.
(d) Management.--
(1) In general.--The Secretary shall manage the Eightmile
River in accordance with the Management Plan and such
amendments to the Plan as the Secretary determines to be
consistent with this section.
(2) Management plan.--The Management Plan shall be
considered to satisfy each requirement for a comprehensive
management plan that is required by section 3(d) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(d)).
(e) Committee.--The Secretary shall coordinate the management
responsibilities of the Secretary relating to the Eightmile River with
the Eightmile River Coordinating Committee, as described in the
Management Plan.
(f) Cooperative Agreements.--
(1) In general.--Pursuant to sections 10(e) and 11(b)(1) of
the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)),
the Secretary may enter into a cooperative agreement with--
(A) the State of Connecticut;
(B) the towns of--
(i) Salem, Connecticut;
(ii) Lyme, Connecticut; and
(iii) East Haddam, Connecticut; and
(C) appropriate local planning and environmental
organizations.
(2) Consistency with management plan.--Each cooperative
agreement authorized by this subsection--
(A) shall be consistent with the Management Plan;
and
(B) may include provisions for financial or other
assistance from the United States.
(g) Relation to National Park System.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the
Eightmile River shall not--
(1) be administered as part of the National Park System; or
(2) be subject to regulations that govern the National Park
System.
(h) Land Management.--
(1) Zoning ordinances.--With respect to the Eightmile
River, each zoning ordinance adopted by the towns of Salem,
East Haddam, and Lyme, Connecticut, in effect as of December 8,
2005 (including provisions for conservation of floodplains,
wetland and watercourses associated with the segments), shall
be considered to satisfy each standard and requirement under
section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(c)).
(2) Acquisition of land.--
(A) In general.--The provisions of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that
prohibit Federal acquisition of land by condemnation
shall apply to the acquisition of land for the
Eightmile River.
(B) Limitations.--The authority of the Secretary to
acquire land for the purpose of managing the Eightmile
River as a component of the National Wild and Scenic
Rivers System shall be--
(i) limited to acquisition--
(I) by donation; or
(II) with the consent of the owner
of the land; and
(ii) subject to the additional criteria set
forth in the Management Plan.
(i) Watershed Approach.--
(1) Statement of policy.--In furtherance of the watershed
approach to resource preservation and enhancement articulated
in the Management Plan, the tributaries of the Eightmile River
watershed specified in paragraph (2) are recognized as integral
to the protection and enhancement of the Eightmile River and
that watershed.
(2) Covered tributaries.--The tributaries referred to in
paragraph (1) include--
(A) Beaver Brook;
(B) Big Brook;
(C) Burnhams Brook;
(D) Cedar Pond Brook;
(E) Cranberry Meadow Brook;
(F) Early Brook;
(G) Falls Brook;
(H) Fraser Brook;
(I) Harris Brook;
(J) Hedge Brook;
(K) Lake Hayward Brook;
(L) Malt House Brook;
(M) Muddy Brook;
(N) Ransom Brook;
(O) Rattlesnake Ledge Brook;
(P) Shingle Mill Brook;
(Q) Strongs Brook;
(R) Tisdale Brook;
(S) Witch Meadow Brook; and
(T) all other perennial streams within the
Eightmile River watershed.
(j) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act. | Eightmile Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act (the Act) to designate specified segments in the Eightmile River in Connecticut as components of the National Wild and Scenic Rivers System.
Requires the Secretary of the Interior to: (1) manage Eightmile River in accordance with the Eightmile Watershed Management Plan, dated December 8, 2005, and such amendments to the Plan as the Secretary determines to be consistent with this Act; and (2) coordinate the management responsibilities of the Secretary relating to the River with the Eightmile River Coordinating Committee, as described in such Plan.
Allows the Secretary, concerning cooperative agreements for the administration of any component of the National Wild and Scenic Rivers System, to enter into a cooperative agreement with: (1) the State of Connecticut; (2) the towns of Salem, Lyme, and East Haddam, Connecticut (the towns); and (3) appropriate local planning and environmental organizations. Requires that each such cooperative agreement authorized: (1) shall be consistent with the management plan; and (2) may include provisions for financial or other assistance from the United States.
Bars the Eightmile River from being: (1) administered as part of the National Park System; or (2) subject to regulations that govern such System.
Considers, with respect to the Eightmile River, each zoning ordinance adopted by the towns in effect as of December 8, 2005, to satisfy each standard and requirement under the Act regarding the prohibition on the federal acquisition of certain lands by condemnation for inclusion in any national, wild, scenic, or recreational river area.
Makes the provisions of the Act that prohibit federal acquisition of land by condemnation applicable to the acquisition of land for the Eightmile River. Limits the authority of the Secretary to acquire land for the purpose of managing the River as a component of the National Wild and Scenic Rivers System to acquisition by donation or with the consent of the owner of the land and subject to the additional criteria set forth in the management plan.
Recognizes specified tributaries of the Eightmile River Watershed as integral to the protection and enhancement of the River and that watershed.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Wild and Scenic Rivers Act to designate certain segments of the Eightmile River in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes."} | 2,188 | 462 | 0.738123 | 2.602249 | 0.749414 | 4.567696 | 4.662708 | 0.942993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open EAJA Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Equal Access to Justice Act, established in 1980 to
provide small businesses, individuals, and public interest
groups the opportunity to recover attorney fees and costs, is
funded through a permanent Congressional appropriation.
(2) The Equal Access to Justice Act, as passed, includes
statutory reporting requirements to Congress on the
administration and payments funded through the Act.
(3) The Department of Justice and the Administrative
Conference of the United States ceased reporting to Congress on
EAJA payments and administration in 1995.
(4) Payments authorized by EAJA have continued every year
without Congressional oversight.
SEC. 3. DATA COMPILATION, REPORTING, AND PUBLIC ACCESS.
(a) Reporting in Agency Adjudications.--Section 504(c) of title 5,
United States Code, is amended--
(1) in subsection (c)(1), by striking ``After consultation
with the Chairman of the Administrative Conference of the
United States, each'' and inserting ``Each''; and
(2) by striking subsection (e) and inserting the following:
``(e)(1) The Attorney General of the United States shall issue an
annual, online report to the Congress on the amount of fees and other
expenses awarded during the preceding fiscal year pursuant to this
section. The report shall describe the number, nature, and amount of
the awards, the claims involved in the controversy, a justification for
awards exceeding the cap provided in subsection (b)(1)(A), and any
other relevant information that may aid the Congress in evaluating the
scope and impact of such awards. The report shall be made available to
the public online, and contain a searchable database, total awards
given, and total number of applications for the award of fees and other
expenses that were filed, defended, and heard, and shall include, with
respect to each such application, the following:
``(A) Name of the party seeking the award of fees and other
expenses.
``(B) The agency to which the application for the award was
made.
``(C) The name of administrative law judges in the case.
``(D) The disposition of the application, including any
appeal of action taken on the application.
``(E) The hourly rates of attorneys and expert witnesses
stated in the application that was awarded.
``(2) The report under paragraph (1) shall cover payments of fees
and other expenses under this section that are made pursuant to a
settlement agreement.
``(3) Each agency shall provide the Attorney General with such
information as is necessary for the Attorney General to comply with the
requirements of this subsection.''.
(b) Reporting in Court Cases.--Section 2412(d) of title 28, United
States Code, is amended by inserting after paragraph (4), the following
new paragraph:
``(5) The Attorney General of the United States shall issue an
annual, online report to the Congress on the amount of fees and other
expenses awarded during the preceding fiscal year pursuant to this
subsection. The report shall describe the number, nature, and amount of
the awards, the claims involved in the controversy, a justification for
awards exceeding the cap provided in paragraph (2)(A)(ii), and any
other relevant information that may aid the Congress in evaluating the
scope and impact of such awards. The report shall be made available to
the public online and shall contain a searchable database of total
awards given and the total number of cases filed, defended, or heard,
and shall include with respect to each such case the following:
``(A) The name of the party seeking the award of fees and
other expenses in the case.
``(B) The district court hearing the case.
``(C) The names of presiding judges in the case.
``(D) The name of the agency involved in the case.
``(E) The disposition of the application for fees and other
expenses, including any appeal of action taken on the
application.
``(F) The hourly rates of attorneys and expert witnesses
stated in the application that was awarded.
The report under this paragraph shall cover payments of fees and other
expenses under this subsection that are made pursuant to a settlement
agreement.''.
SEC. 4. GAO STUDY.
Not later than 30 days after the date of enactment of this Act, the
Comptroller General shall commence an audit of the Equal Access to
Justice Act for the years 1995 through the end of the calendar year in
which this Act is enacted. The Comptroller General shall, not later
than 1 year after the end of the calendar year in which this Act is
enacted, complete such audit and submit to the Congress a report on the
results of the audit. | Open EAJA Act of 2010 - Directs the Attorney General to issue an annual online report to Congress and the public on the amount of attorney fees and other expenses awarded during the preceding fiscal year pursuant to the law commonly known as the Equal Access to Justice Act (EAJA).
Directs the Comptroller General to commence an audit of the Equal Access to Justice Act for 1995 through the end of the calendar year in which this Act is enacted, and report to Congress on the audit results. | {"src": "billsum_train", "title": "To require the Attorney General of the United States to compile, and make publically available, certain data relating to the Equal Access to Justice Act, and for other purposes."} | 1,041 | 107 | 0.556948 | 1.558431 | 0.918099 | 4.265957 | 10.946809 | 0.946809 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Education Freedom Act of
2016''.
SEC. 2. EDUCATION VOUCHER PROGRAM.
(a) In General.--Notwithstanding any other provision of law, as a
condition of receiving Federal funds for elementary and secondary
education, each State shall carry out the program described under this
Act.
(b) Basic Elements.--
(1) Parental choice in education.--
(A) In general.--Beginning with the 2017-2018
academic year, a parent of an eligible child may--
(i) enter into an agreement with a State
educational agency for any academic year during
which the eligible child will be in a grade for
which the State provides free public education
if--
(I) the public school in which the
eligible child is enrolled, or will be
enrolled, receives Federal funds on the
condition of implementing a Federal
mandate; and
(II) the parent disagrees with such
mandate; and
(ii) renew such agreement for each
succeeding academic year during which the
eligible child will be in a grade for which the
State provides free public education.
(B) Agreement.--An agreement under this paragraph
shall be entered into, or renewed, in a manner and on a
form determined by each State educational agency.
(2) Education savings accounts.--
(A) In general.--Each State educational agency
shall--
(i) provide an education savings account to
each eligible child whose parent enters into an
agreement under paragraph (1)(A)(i) with the
State educational agency for an academic year;
and
(ii) maintain such account for each
succeeding academic year for which the parent
renews the agreement under paragraph
(1)(A)(ii).
(B) Requirements.--An education savings account
provided under this paragraph shall meet the following
requirements:
(i) The education savings account, and any
funds deposited into such account, shall belong
to the eligible child for whom the account was
provided, and such child shall be the
designated beneficiary of the account.
(ii) The only funds that may be deposited
into the education savings account are the
funds that a State educational agency disburses
in accordance with subparagraph (C).
(iii) The funds in the education savings
account may be used only for the purpose of
paying for the education expenses described in
subsection (c) of the eligible child.
(iv) The parent of the eligible child shall
have the authority to direct the use of the
funds in the education savings account to one
or more qualifying providers that do not
implement the Federal mandate with which the
parent disagrees.
(v) Upon direction by the parent of the
eligible child, a State educational agency
shall distribute the funds in the education
savings account to the designated qualifying
providers.
(C) Amount of funds.--
(i) In general.--Subject to clause (ii),
beginning on August 1 of each academic year,
each State educational agency shall disburse an
amount equal to the average per-pupil
expenditure of the State to each education
savings account provided under this paragraph.
(ii) Quarterly disbursement.--Each State
educational agency shall disburse the amount of
funds provided under this subparagraph in 4
equal quarterly deposits.
(iii) Continued availability of funds.--
Except as provided in clause (iv), any amounts
remaining in an education savings account on
the last day of the period covered by an
agreement under paragraph (1)(A) shall remain
available for use during a succeeding academic
year.
(iv) Recapture of funds.--Each State
educational agency shall recapture any amounts
remaining in an education savings account on
the last day of the period covered by an
agreement under paragraph (1)(A) if--
(I) the parent of the eligible
child ends or violates the terms of the
agreement during the covered period;
(II) the parent does not renew the
agreement for the immediately
succeeding academic year; or
(III) the child for whom the
education savings account was provided
no longer qualifies as an eligible
child.
(c) Eligible Education Expenses.--The funds in an education savings
account provided under subsection (b)(2) may be used only for the
following education expenses:
(1) Tuition and fees for a qualifying provider, including
any costs and fees for tutoring services, specialized
instructional support services, extracurricular activities,
dual credit courses, and individual courses.
(2) Required textbooks, supplemental materials, and
supplies.
(3) Textbooks, supplemental materials, and supplies for
self-study.
(4) Fees for any--
(A) national norm-referenced achievement
examination;
(B) advanced placement or similar examination; or
(C) standardized examination required for admission
to an institution of higher education.
(5) Transportation for travel to and from a qualifying
provider, except that not more than $2,000 from the education
savings account may be used for this purpose each academic
year.
(6) A contribution to a qualified tuition program (as
defined in section 529(b) of the Internal Revenue Code of 1986)
with respect to which the eligible child is a designated
beneficiary.
(7) A contribution to a Coverdell education savings account
(as defined in section 530(b) of the Internal Revenue Code of
1986) with respect to which the eligible child is a designated
beneficiary, except that not more than $2,000 from the
education savings account may be used for this purpose each
academic year.
(8) Any other education expense approved by the State
educational agency.
(d) Responsibilities of State Educational Agency.--
(1) Annual list of qualifying providers.--
(A) Creation.--Beginning on September 1, 2016, each
State educational agency shall--
(i) approve entities as qualifying
providers for the 2017-2018 academic year; and
(ii) prepare a list of such qualifying
providers.
(B) Maintenance.--For each academic year succeeding
the 2017-2018 academic year, each State educational
agency shall renew the list of qualifying providers.
(C) Availability on website of state educational
agency.--Each State educational agency shall make the
annual list of qualifying providers publicly available
on the website of the State educational agency.
(2) Accountability.--Each State educational agency shall
take such steps as are necessary to ensure the proper
implementation of this Act, including--
(A) conducting periodic audits of education savings
accounts provided under subsection (b)(2);
(B) ensuring that the funds in such accounts are
used in accordance with this Act;
(C) freezing or revoking an education savings
account if fraud is detected; and
(D) if appropriate, referring any parent or
qualifying provider found to be using an education
savings account for unlawful purposes for criminal
prosecution.
(3) Transfer of academic records.--Upon request by a State
educational agency, and if applicable, the public school in
which an eligible child was enrolled during the previous
academic year shall provide the complete academic records of
such child to any qualifying provider that is a school and that
has admitted the child.
(e) Requirements and Rights of Qualifying Providers.--
(1) Admissions.--A qualifying provider may--
(A) enforce the admissions requirements of any
school or program offered by the qualifying provider;
and
(B) subject to paragraph (4), accept the eligible
children who are best qualified to attend such school
or program.
(2) Transfer of academic records.--Each qualifying provider
that is a school shall agree, as a condition of participating
in the program under this Act, to provide the complete academic
records of an eligible child attending the school pursuant to
an agreement under subsection (b)(1)(A) to any other school to
which such child transfers.
(3) Refunds and rebates.--
(A) General prohibition.--A qualifying provider
that receives funds from an education savings account
provided under subsection (b)(2) may not--
(i) refund, or provide a rebate, of any
portion of such funds to the eligible child who
is the designated beneficiary of the education
savings account or a parent of such child; or
(ii) share such funds with such child or
parent in any manner.
(B) Exception.--Any refund that is needed for an
item that is being returned, or an item or service that
has not been provided, shall be provided to the State
educational agency, and the State educational agency
shall deposit the amounts refunded into the education
savings account from which such amounts were originally
distributed.
(4) Nondiscrimination.--
(A) In general.--A qualifying provider may not
discriminate against program participants or applicants
on the basis of race, color, national origin, or sex.
(B) Single sex schools, classes, or activities.--
Notwithstanding subparagraph (A) or any other provision
of law, a qualifying provider may offer a single sex
school, class, or activity.
(C) Religiously affiliated qualifying providers.--
(i) In general.--Notwithstanding any other
provision of law--
(I) the prohibition of sex
discrimination in subparagraph (A)
shall not apply to a qualifying
provider that is operated by,
supervised by, controlled by, or
connected to a religious organization
to the extent that the application of
such subparagraph is inconsistent with
the religious tenets or beliefs of such
provider; and
(II) a qualifying provider that is
operated by, supervised by, controlled
by, or connected to a religious
organization may exercise its right in
matters of employment consistent with
title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.),
including the exemptions in such title.
(ii) Maintenance of purpose.--
Notwithstanding any other provision of law, the
receipt of funds from an education savings
account provided under subsection (b)(2) shall
not, consistent with the first amendment to the
Constitution of the United States--
(I) necessitate any change in the
teaching mission of a qualifying
provider;
(II) require a qualifying provider
to remove religious art, icons,
scriptures, or other symbols; or
(III) preclude a qualifying
provider from retaining religious terms
in its name, selecting board members on
a religious basis, or including
religious references in the mission
statements, charters, or other
governing documents of such provider.
(f) Rules of Construction.--
(1) Treatment of assistance.--For purposes of any Federal
law or program--
(A) no assistance provided under this Act may be
treated as assistance to any qualifying provider; and
(B) the amount of any funds in an education savings
account provided under subsection (b)(2) may not be
treated as income of the eligible child who is the
designated beneficiary of the education savings account
or a parent of such child.
(2) No ability to control curriculum.--Nothing in this Act
shall be construed to authorize any officer or employee of the
Federal Government, through grants, contracts, or other
cooperative agreements, to mandate, direct, or control the
curriculum, program of instruction, instructional content,
academic standards, assessments, or allocation of resources of
a State or of any school in a State.
(3) No extension of regulatory authority.--Nothing in this
Act shall be construed to expand the regulatory authority of a
State government or the Federal Government to impose any
additional regulations on nonpublic schools beyond the
regulations necessary to enforce the requirements of this Act.
(g) Transition.--Each State educational agency shall take steps to
ensure a smooth transition to the program under this Act in order to
ensure that education savings accounts are available to eligible
children beginning with the 2017-2018 academic year.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible child.--The term ``eligible child'' means a
child--
(A) who--
(i) is enrolling in a public school; or
(ii) was enrolled in a public school during
the previous academic year; and
(B) whose parent disagrees with a Federal mandate
that the school implements as a condition of receiving
Federal funds.
(2) ESEA terms.--The terms ``average per-pupil
expenditure'', ``child'', ``distance learning'', ``free public
education'', ``parent'', ``specialized instructional support
services'', ``State'', and ``State educational agency'' have
the meanings given such terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102(a) of the Higher Education Act of 1965 (20
U.S.C. 1002(a)).
(4) Qualifying provider.--The term ``qualifying provider''
means an entity that--
(A) is--
(i) a public school;
(ii) a nonpublic school;
(iii) a home school, provided that the
eligible child was enrolled in a public school
during the previous academic year;
(iv) a tutoring facility;
(v) a provider of distance learning;
(vi) a provider of specialized
instructional support services; or
(vii) an institution of higher education;
(B) notifies a State educational agency of the
intent to become a qualifying provider; and
(C) agrees to comply with the requirements of
section 2(e).
(5) School.--The term ``school''--
(A) means a preschool, kindergarten, elementary
school, or secondary school; and
(B) includes charter schools. | Local Education Freedom Act of 2016 This bill requires a state to carry out an education voucher program as a condition of receiving federal funds for elementary and secondary education. Through the program, a parent of an eligible child may enter into an agreement with a state educational agency (SEA) if the child's school receives federal funds on the condition of implementing a federal mandate with which the parent disagrees. An SEA shall: (1) provide an education savings account to each eligible child whose parent enters into such an agreement, and (2) disburse to each account an amount equal to the state's average per-pupil expenditure. The funds in an education savings account may be used only for: tuition and fees for a qualifying provider; textbooks, supplemental materials, and supplies; specified examination fees; transportation; a contribution to a qualified tuition program or specified education savings account; and other education expenses approved by the SEA. A "qualifying provider" is an SEA-approved entity that complies with specified requirements and is: (1) a public or nonpublic school; (2) a home school, provided that the eligible child was enrolled in a public school during the previous academic year; (3) a tutoring facility; (4) a provider of distance learning or specialized instructional support services; or (5) an institution of higher education. In general, a qualified provider may not discriminate against program participants or applicants on the basis of race, color, national origin, or sex. However, the prohibition on sex discrimination shall not apply to religiously affiliated providers to the extent that such application is inconsistent with the provider's religious tenets or beliefs. | {"src": "billsum_train", "title": "Local Education Freedom Act of 2016"} | 2,980 | 378 | 0.614638 | 1.866416 | 0.746478 | 4.110063 | 8.795597 | 0.933962 |
SECTION 1. RENEWABLE PORTFOLIO STANDARD.
(a) In General.--Title VI of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end
the following:
``SEC. 610. FEDERAL RENEWABLE PORTFOLIO STANDARD.
``(a) Renewable Energy Requirement.--
``(1) In general.--Each electric utility that sells
electricity to electric consumers shall obtain a percentage of
the base amount of electricity it sells to electric consumers
in any calendar year from new renewable energy or existing
renewable energy. The percentage obtained in a calendar year
shall not be less than the amount specified in the following
table:
``Calendar year: Minimum annual percentage:
2010............................ 1
2011............................ 2
2012............................ 4
2013............................ 6
2014............................ 8
2015............................ 10
2016............................ 12
2017............................ 14
2018............................ 16
2019............................ 18
2020............................ 20
2021............................ 21
2022............................ 22
2023............................ 23
2024............................ 24
2025............................ 25.
``(2) Means of compliance.--An electric utility shall meet
the requirements of paragraph (1) by--
``(A) submitting to the Secretary renewable energy
credits issued under subsection (b);
``(B) making alternative compliance payments to the
Secretary at the rate of 2 cents per kilowatt hour (as
adjusted for inflation under subsection (g)); or
``(C) a combination of activities described in
subparagraphs (A) and (B).
``(b) Renewable Energy Credit Trading Program.--
``(1) In general.--Not later than July 1, 2009, the
Secretary shall establish a renewable energy credit trading
program under which electric utilities shall submit to the
Secretary renewable energy credits to certify the compliance of
the electric utilities with respect to obligations under
subsection (a)(1).
``(2) Administration.--As part of the program, the
Secretary shall--
``(A) issue tradeable renewable energy credits to
generators of electric energy from new renewable
energy;
``(B) issue nontradeable renewable energy credits
to generators of electric energy from existing
renewable energy;
``(C) issue renewable energy credits to electric
utilities associated with State renewable portfolio
standard compliance mechanisms pursuant to subsection
(h);
``(D) ensure that a kilowatt hour, including the
associated renewable energy credit, shall be used only
once for purposes of compliance with this Act;
``(E) allow double credits for generation from
facilities on Indian land, and triple credits for
generation from small renewable distributed generators
(meaning those no larger than 1 megawatt); and
``(F) ensure that, with respect to a purchaser
that, as of the date of enactment of this section, has
a purchase agreement from a renewable energy facility
placed in service before that date, the credit
associated with the generation of renewable energy
under the contract is issued to the purchaser of the
electric energy.
``(3) Duration.--A credit described in subparagraph (A) or
(B) of paragraph (2) may only be used for compliance with this
section during the 3-year period beginning on the date of
issuance of the credit.
``(4) Transfers.--An electric utility that holds credits in
excess of the quantity of credits needed to comply with
subsection (a) may transfer the credits to another electric
utility in the same utility holding company system.
``(5) Delegation of market function.--The Secretary may
delegate to an appropriate market-making entity the
administration of a national tradeable renewable energy credit
market for purposes of creating a transparent national market
for the sale or trade of renewable energy credits.
``(c) Enforcement.--
``(1) Civil penalties.--Any electric utility that fails to
meet the compliance requirements of subsection (a) shall be
subject to a civil penalty.
``(2) Amount of penalty.--The amount of the civil penalty
shall be determined by multiplying the number of kilowatt-hours
of electric energy sold to electric consumers in violation of
subsection (a) by the greater of 2 cents (adjusted for
inflation under subsection (g)) or 200 percent of the average
market value of renewable energy credits during the year in
which the violation occurred.
``(3) Mitigation or waiver.--The Secretary may mitigate or
waive a civil penalty under this subsection if the electric
utility was unable to comply with subsection (a) for reasons
outside of the reasonable control of the utility. The Secretary
shall reduce the amount of any penalty determined under
paragraph (2) by an amount paid by the electric utility to a
State for failure to comply with the requirement of a State
renewable energy program if the State requirement is greater
than the applicable requirement of subsection (a).
``(4) Procedure for assessing penalty.--The Secretary shall
assess a civil penalty under this subsection in accordance with
the procedures prescribed by section 333(d) of the Energy
Policy and Conservation Act of 1954 (42 U.S.C. 6303).
``(d) State Renewable Energy Account Program.--
``(1) In general.--The Secretary shall establish, not later
than December 31, 2008, a State renewable energy account
program.
``(2) Deposits.--All money collected by the Secretary from
alternative compliance payments and the assessment of civil
penalties under this section shall be deposited into the
renewable energy account established pursuant to this
subsection. The State renewable energy account shall be held by
the Secretary and shall not be transferred to the Treasury
Department.
``(3) Use.--Proceeds deposited in the State renewable
energy account shall be used by the Secretary, subject to
appropriations, for a program to provide grants to the State
agency responsible for developing State energy conservation
plans under section 362 of the Energy Policy and Conservation
Act (42 U.S.C. 6322) for the purposes of promoting renewable
energy production, including programs that promote technologies
that reduce the use of electricity at customer sites such as
solar water heating.
``(4) Administration.--The Secretary may issue guidelines
and criteria for grants awarded under this subsection. State
energy offices receiving grants under this section shall
maintain such records and evidence of compliance as the
Secretary may require.
``(5) Preference.--In allocating funds under this program,
the Secretary shall give preference--
``(A) to States in regions which have a
disproportionately small share of economically
sustainable renewable energy generation capacity; and
``(B) to State programs to stimulate or enhance
innovative renewable energy technologies.
``(e) Rules.--The Secretary shall issue rules implementing this
section not later than 1 year after the date of enactment of this
section.
``(f) Exemptions.--This section shall not apply in any calendar
year to an electric utility--
``(1) that sold less than 4,000,000 megawatt-hours of
electric energy to electric consumers during the preceding
calendar year; or
``(2) in Hawaii.
``(g) Inflation Adjustment.--Not later than December 31 of each
year beginning in 2008, the Secretary shall adjust for inflation the
price of a renewable energy credit under subsection (b)(2) and the
amount of the civil penalty per kilowatt-hour under subsection (c)(2).
``(h) State Programs.--
``(1) In general.--Nothing in this section diminishes any
authority of a State or political subdivision of a State to
adopt or enforce any law or regulation respecting renewable
energy, but, except as provided in subsection (c)(3), no such
law or regulation shall relieve any person of any requirement
otherwise applicable under this section. The Secretary, in
consultation with States having such renewable energy programs,
shall, to the maximum extent practicable, facilitate
coordination between the Federal program and State programs.
``(2) Regulations.--
``(A) In general.--The Secretary, in consultation
with States, shall promulgate regulations to ensure
that an electric utility subject to the requirements of
this section that is also subject to a State renewable
energy standard receives renewable energy credits in
relation to equivalent quantities of renewable energy
associated with compliance mechanisms, other than the
generation or purchase of renewable energy by the
electric utility, including the acquisition of
certificates or credits and the payment of taxes, fees,
surcharges, or other financial compliance mechanisms by
the electric utility or a customer of the electric
utility, directly associated with the generation or
purchase of renewable energy.
``(B) Prohibition on double counting.--The
regulations promulgated under this paragraph shall
ensure that a kilowatt hour associated with a renewable
energy credit issued pursuant to this subsection shall
not be used for compliance with this section more than
once.
``(i) Recovery of Costs.--
``(1) In general.--The Commission shall issue and enforce
such regulations as are necessary to ensure that an electric
utility recovers all prudently incurred costs associated with
compliance with this section.
``(2) Applicable law.--A regulation under paragraph (1)
shall be enforceable in accordance with the provisions of law
applicable to enforcement of regulations under the Federal
Power Act (16 U.S.C. 791a et seq.).
``(j) Wind Energy Development Study.--The Secretary, in
consultation with appropriate Federal and State agencies, shall
conduct, and submit to Congress a report describing the results of, a
study on methods to increase transmission line capacity for wind energy
development.
``(k) Definitions.--In this section:
``(1) Base amount of electricity.--The term `base amount of
electricity' means the total amount of electricity sold by an
electric utility to electric consumers in a calendar year,
excluding municipal waste and electricity generated by a
hydroelectric facility (including a pumped storage facility,
but excluding incremental hydropower).
``(2) Distributed generation facility.--The term
`distributed generation facility' means a facility at a
customer site.
``(3) Existing renewable energy.--The term `existing
renewable energy' means, except as provided in paragraph
(7)(B), electric energy generated at a facility (including a
distributed generation facility) placed in service prior to
January 1, 2001, from solar, wind, or geothermal energy, ocean
energy, biomass (as defined in section 203(a) of the Energy
Policy Act of 2005), or landfill gas.
``(4) Geothermal energy.--The term `geothermal energy'
means energy derived from a geothermal deposit (within the
meaning of section 613(e)(2) of the Internal Revenue Code of
1986).
``(5) Incremental geothermal production.--
``(A) In general.--The term `incremental geothermal
production' means for any year the excess of--
``(i) the total kilowatt hours of
electricity produced from a facility (including
a distributed generation facility) using
geothermal energy; over
``(ii) the average annual kilowatt hours
produced at such facility for 5 of the previous
7 calendar years before the date of enactment
of this section after eliminating the highest
and the lowest kilowatt hour production years
in such 7-year period.
``(B) Special rule.--A facility described in
subparagraph (A) that was placed in service at least 7
years before the date of enactment of this section
shall, commencing with the year in which such date of
enactment occurs, reduce the amount calculated under
subparagraph (A)(ii) each year, on a cumulative basis,
by the average percentage decrease in the annual
kilowatt hour production for the 7-year period
described in subparagraph (A)(ii) with such cumulative
sum not to exceed 30 percent.
``(6) Incremental hydropower.--The term `incremental
hydropower' means additional energy generated as a result of
efficiency improvements or capacity additions made on or after
January 1, 2001, or the effective date of an existing
applicable State renewable portfolio standard program at a
hydroelectric facility that was placed in service before that
date. The term does not include additional energy generated as
a result of operational changes not directly associated with
efficiency improvements or capacity additions. Efficiency
improvements and capacity additions shall be measured on the
basis of the same water flow information used to determine a
historic average annual generation baseline for the
hydroelectric facility and certified by the Secretary or the
Federal Energy Regulatory Commission.
``(7) New renewable energy.--The term `new renewable
energy' means--
``(A) electric energy generated at a facility
(including a distributed generation facility) placed in
service on or after January 1, 2001, from--
``(i) solar, wind, or geothermal energy or
ocean energy;
``(ii) biomass (as defined in section
203(b) of the Energy Policy Act of 2005 (42
U.S.C. 15852(b));
``(iii) landfill gas; or
``(iv) incremental hydropower; and
``(B) for electric energy generated at a facility
(including a distributed generation facility) placed in
service prior to the date of enactment of this
section--
``(i) the additional energy above the
average generation in the 3 years preceding the
date of enactment of this section at the
facility from--
``(I) solar or wind energy or ocean
energy;
``(II) biomass (as defined in
section 203(b) of the Energy Policy Act
of 2005 (42 U.S.C. 15852(b));
``(III) landfill gas; or
``(IV) incremental hydropower.
``(ii) incremental geothermal production.
``(8) Ocean energy.--The term `ocean energy' includes
current, wave, tidal, and thermal energy.
``(l) Sunset.--This section expires on December 31, 2040.''.
(b) Table of Contents Amendment.--The table of contents of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601)
is amended by adding at the end of the items relating to title VI the
following:
``Sec. 610. Federal renewable portfolio standard.''. | Amends the Public Utility Regulatory Policies Act of 1978 to set forth a federal renewable energy portfolio standard applicable to calendar years 2010 to 2025.
Instructs the Secretary of Energy to establish: (1) a renewable energy credit trading program under which electric utilities shall submit to the Secretary renewable energy credits to certify their compliance with such standard; and (2) a state renewable energy account program for grants to state agencies to promote renewable energy production (including programs that promote technologies that reduce the use of electricity at customer sites such as solar water heating).
Requires the Federal Energy Regulatory Commission (FERC) to issue and enforce regulations to ensure that an electric utility recovers all prudently incurred costs associated with compliance with this Act.
Instructs the Secretary to study and report to Congress on methods to increase transmission line capacity for wind energy development. | {"src": "billsum_train", "title": "A bill to amend the Public Utility Regulatory Policies Act of 1978 to provide a renewable portfolio standard, and other purposes."} | 3,155 | 174 | 0.482539 | 1.232839 | 0.777859 | 4.161491 | 18.080745 | 0.944099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Automatic Voter Registration Act''.
SEC. 2. AUTOMATIC VOTER REGISTRATION THROUGH STATE MOTOR VEHICLE
AUTHORITIES.
(a) Automatic Voter Registration.--Section 5 of the National Voter
Registration Act of 1993 (52 U.S.C. 20504) is amended to read as
follows:
``SEC. 5. AUTOMATIC VOTER REGISTRATION THROUGH MOTOR VEHICLE AUTHORITY.
``(a) Transmission of Information to Election Officials.--
``(1) Transmission.--Each State's motor vehicle authority,
upon receiving the identifying information described in
paragraph (2) with respect to any individual who requests
services from the authority, shall transmit the identifying
information to the appropriate State election official.
``(2) Identifying information described.--The identifying
information described in this paragraph with respect to any
individual is as follows:
``(A) The individual's legal name.
``(B) The individual's age.
``(C) The individual's residence.
``(D) The individual's citizenship status.
``(E) The individual's electronic signature.
``(3) Restriction on use of information on citizenship
status.--A State may not use any identifying information
regarding an individual's citizenship status which is
transmitted under this subsection for any purpose other than
determining whether the individual is eligible to vote in
elections for Federal office.
``(b) Notification to Individuals.--Upon receiving the identifying
information with respect to an individual under subsection (a), the
appropriate State election official shall issue a notification to the
individual containing--
``(1) a statement that, unless the individual notifies the
election official prior to the expiration of the 21-calendar
day period which begins on the date the official issued the
notification that the individual declines to be registered to
vote in elections for Federal office held in the State, the
individual shall be considered to have completed and submitted
a voter registration application for purposes of this Act; and
``(2) a description of the process by which the individual
may decline to be registered to vote in elections for Federal
office in the State.
``(c) Automatic Registration of Eligible Individuals.--Upon the
expiration of the 21-calendar day period which begins on the date the
appropriate State election official issues a notification to an
individual under subsection (b)(1), the official shall ensure that the
individual is registered to vote in elections for Federal office held
in the State unless--
``(1) the official determines that the individual does not
meet the eligibility requirements for registering to vote in
such elections;
``(2) prior to the expiration of such 21-calendar day
period, the individual notifies the official that the
individual declines to be registered to vote in such elections;
or
``(3) the individual is already registered to vote in such
elections.''.
(b) Conforming Amendment Relating to Timing of Registration Prior
to Elections.--Section 8(a)(1)(A) of such Act (52 U.S.C.
20507(a)(1)(A)) is amended to read as follows:
``(A) in the case of registration through a motor
vehicle authority under section 5, if the identifying
information with respect to the individual is
transmitted by the authority to the appropriate State
election official under section 5(a)(1) not later than
the lesser of 30 days, or the period provided by State
law, before the date of the election;''.
(c) Other Conforming Amendment.--Section 4(a)(1) of such Act (52
U.S.C. 20503(a)(1)) is amended to read as follows:
``(1) through the State motor vehicle authority pursuant to
section 5;''.
SEC. 3. EFFECTIVE DATE.
(a) Effective Date.--The amendments made by this Act shall take
effect upon the expiration of the 180-day period which begins on the
date of the enactment of this Act.
(b) Timing of Automatic Registration of Individuals Providing
Identifying Information to Motor Vehicle Authority Prior to Effective
Date.--For purposes of section 5 of the National Voter Registration Act
of 1993 (52 U.S.C. 20504), as amended by section 2(a), if an individual
provided identifying information (as described in section 5(a)(2) of
such Act) to a State motor vehicle authority prior to the effective
date described in subsection (a), the authority shall transmit such
information to the appropriate State election official pursuant to
section 5(a)(1) of such Act not later than such effective date, unless
the motor vehicle authority determines that the information is no
longer valid with respect to the individual. | Automatic Voter Registration Act This bill amends the National Voter Registration Act of 1993 to require state motor vehicle authorities (MVAs), upon receiving certain identifying information with respect to any individual requesting MVA services, to transmit it to the appropriate state election official. The appropriate state election official shall then notify the individual that unless he or she notifies the official, before 21 calendar days elapse after issuance of the notification, that the individual declines to be registered to vote in federal elections in the state, the individual shall be considered to have submitted a completed voter registration application and be considered automatically registered unless: the official determines that the individual does not meet voter registration eligibility requirements, or the individual is already registered to vote. A state may not use any identifying information regarding an individual's citizenship status for any purpose other than determining whether the individual is eligible to vote in federal elections. | {"src": "billsum_train", "title": "Automatic Voter Registration Act"} | 1,069 | 196 | 0.643676 | 1.814728 | 0.838478 | 3.820809 | 5.421965 | 0.884393 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Public Areas of
Transportation Facilities Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Public and private sector stakeholders.--The term
``public and private sector stakeholders'' has the meaning
given such term in section 114(u)(1)(C) of title 49, United
States Code.
(2) Surface transportation asset.--The term ``surface
transportation asset'' includes facilities, equipment, or
systems used to provide transportation services by--
(A) a public transportation agency (as such term is
defined in section 1402(5) of the Implementing
Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1131(5)));
(B) a railroad carrier (as such term is defined in
section 20102(3) of title 49, United States Code);
(C) an owner or operator of--
(i) an entity offering scheduled, fixed-
route transportation services by over-the road
bus (as such term is defined in section 1501(4)
of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6
U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or
systems, as determined by the Secretary.
SEC. 3. PUBLIC AREA SECURITY WORKING GROUP.
(a) Working Group.--The Secretary of Homeland Security shall
establish a working group to promote collaborative engagement between
the Department of Homeland Security and public and private sector
stakeholders to develop non-binding recommendations for enhancing
security in public areas of transportation facilities (including
facilities that are surface transportation assets), including
recommendations regarding the following topics:
(1) Information sharing and interoperable communication
capabilities among the Department of Homeland Security and
public and private stakeholders with respect to terrorist or
other threats.
(2) Coordinated incident response procedures.
(3) The prevention of terrorist attacks and other incidents
through strategic planning, security training, exercises and
drills, law enforcement patrols, worker vetting, and suspicious
activity reporting.
(4) Infrastructure protection through effective
construction design barriers and installation of advanced
surveillance and other security technologies.
(b) Annual Report.--Not later than 1 year after the establishment
of the working group under subsection (a) and annually thereafter for 5
years, the Secretary of Homeland Security shall report to the Committee
on Homeland Security of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate on the working
group's organization, participation, activities, findings, and non-
binding recommendations for the immediately preceding 12-month period.
The Secretary may publish a public version of such report that
describes the working group's activities and such related matters as
would be informative to the public, consistent with section 552(b) of
title 5, United States Code.
(c) Inapplicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
working group established under subsection (a) or any subsidiary
thereof.
SEC. 4. TECHNICAL ASSISTANCE.
(a) In General.--The Secretary of Homeland Security shall--
(1) inform owners and operators of surface transportation
assets about the availability of technical assistance,
including vulnerability assessment tools and cybersecurity
guidelines, to help protect and enhance the resilience of
public areas of such assets; and
(2) subject to the availability of appropriations, provide
such technical assistance to requesting owners and operators of
surface transportation assets.
(b) Best Practices.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Homeland Security shall publish
on the Department of Homeland Security's website and widely
disseminate, as appropriate, best practices for protecting and
enhancing the resilience of public areas of transportation facilities
(including facilities that are surface transportation assets),
including associated frameworks or templates for implementation. Such
best practices shall be updated periodically.
SEC. 5. REVIEW.
(a) Review.--Not later than 1 year after the date of the enactment
of this Act, the Administrator of the Transportation Security
Administration shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report that includes a review of
regulations, directives, policies, and procedures issued by the
Administrator regarding the transportation of a firearm and ammunition,
and, as appropriate, information on plans to modify any such
regulation, directive, policy, or procedure based on such review.
(b) Consultation.--In preparing the report required under
subsection (a), the Administrator of the Transportation Security
Administration shall consult with the Aviation Security Advisory
Committee (established pursuant to section 44946 of title 49, United
States Code) and appropriate public and private sector stakeholders.
Passed the House of Representatives June 25, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Securing Public Areas of Transportation Facilities Act of 2018 (Sec. 3) This bill requires the Department of Homeland Security (DHS) to establish a working group to promote collaborative engagement between DHS and public and private sector stakeholders to develop non-binding recommendations for enhancing security in public areas of transportation facilities (including facilities that are surface transportation assets). (Sec. 4) DHS shall: (1) inform owners and operators of surface transportation assets about the availability of technical assistance to help protect and enhance the resilience of public areas of such assets, (2) provide such assistance to requesting owners and operators of surface transportation assets, and (3) publish best practices for protecting and enhancing the resilience of public areas of transportation facilities. (Sec. 5) The Transportation Security Administration (TSA) shall submit to specified congressional committees a review of regulations, directives, policies, and procedures issued by the TSA regarding the transportation of a firearm and ammunition. | {"src": "billsum_train", "title": "Securing Public Areas of Transportation Facilities Act of 2018"} | 1,077 | 200 | 0.572327 | 1.68816 | 0.877427 | 5.751351 | 5.513514 | 0.940541 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing the Department of
Veterans Affairs Accountability to Veterans Act of 2016''.
SEC. 2. REDUCTION OF BENEFITS FOR SENIOR EXECUTIVES AND CERTAIN HEALTH
CARE EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS
CONVICTED OF A FELONY.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 715. Senior executives and section 7401(1) employees: reduction
of benefits of individuals convicted of a felony
``(a) Reduction of Annuity for Removed Individual.--The covered
service of an individual removed from a covered position at the
Department by the Secretary for performance or misconduct shall not be
taken into account for purposes of calculating an annuity with respect
to such individual under chapter 83 or chapter 84 of title 5, if the
individual is convicted of a felony (and the conviction is final) that
was related, as determined by the Director of the Office of Personnel
Management, to the individual's conduct or performance while employed
in such covered position.
``(b) Reduction of Annuity for Retired Individual.--(1) The
Secretary may order that the covered service of an individual who is
subject to a removal or transfer from a covered position at the
Department by the Secretary for performance or misconduct but who
leaves employment at the Department prior to the issuance of a final
decision with respect to such removal or transfer shall not be taken
into account for purposes of calculating an annuity with respect to
such individual under chapter 83 or chapter 84 of title 5, if the
individual is convicted of a felony (and the conviction is final) that
was related, as determined by the Director of the Office of Personnel
Management, to the individual's performance while employed in such
covered position.
``(2) The Secretary shall make such an order not later than 7 days
after the date on which such individual is convicted of such felony.
``(3) Not later than 30 days after the Secretary issues any order
with respect to an individual under paragraph (1), the Director of the
Office of Personnel Management shall recalculate the annuity of the
individual.
``(c) Lump-sum Annuity Credit.--Any individual with respect to whom
an annuity is reduced under subsection (a) or (b) shall be entitled to
be paid so much of such individual's lump-sum credit as is attributable
to the period of covered service.
``(d) Review of Reduction of Annuity.--Any individual whose annuity
is reduced under subsection (a) or (b) may appeal the reduction to the
Director of the Office of Personnel Management.
``(e) Definitions.--In this section:
``(1) The term `covered position' is--
``(A) a senior executive position; or
``(B) a position listed in section 7401(1) of this
title that is not a senior executive position.
``(2) The term `covered service' means, with respect to an
individual subject to a removal or transfer from a covered
position at the Department for performance or misconduct, the
period of service beginning on the date that the Secretary
determines that such individual engaged in activity that gave
rise to such action and ending on the date that such individual
is removed from the civil service or leaves employment at the
Department prior to the issuance of a final decision with
respect to such action, as the case may be.
``(3) The term `lump-sum credit' has the meaning given such
term in section 8331 or 8401 of title 5, as the case may be.
``(4) The term `senior executive position' has the meaning
given such term in section 713(g) of this title.
``(5) The term `service' has the meaning given such term in
section 8331 or 8401 of title 5, as the case may be.''.
(b) Application.--Section 715 of such title, as added by subsection
(a), shall apply to any action of removal or transfer from a covered
position (as defined in subsection (e) of such section) at the
Department of Veterans Affairs commencing on or after the date of the
enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``715. Senior executives and section 7401(1) employees: reduction of
benefits of individuals convicted of a
felony.''.
SEC. 3. LIMITATION ON ADMINISTRATIVE LEAVE FOR EMPLOYEES OF DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by adding at the end the following new section:
``Sec. 717. Administrative leave limitation and report
``(a) Limitation Applicable to Employees Within the Department.--
(1) The Secretary may not place any covered individual on
administrative leave for more than a total of 14 business days during
any 365-day period.
``(2)(A) The Secretary may waive the limitation under paragraph (1)
and extend the period of administrative leave of a covered individual
if the Secretary submits to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a detailed explanation of the reasons the covered
individual was placed on administrative leave and the reasons for the
extension of such leave.
``(B) Such explanation shall include the position of the covered
individual and the location where the covered individual is employed.
``(3) In this subsection, the term `covered individual' means an
employee of the Department, including an employee in a senior executive
position (as defined in section 713(g) of this title)--
``(A) who is subject to an investigation for purposes of
determining whether such individual should be subject to any
disciplinary action under this title or title 5; or
``(B) against whom any disciplinary action is proposed or
initiated under this title or title 5.
``(b) Report on Administrative Leave.--(1) Not later than 30 days
after the end of each fiscal year, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report listing the
position of each employee of the Department (if any) who has been
placed on administrative leave for a period longer than 14 business
days during such fiscal year.
``(2) Each report submitted under paragraph (1) shall include, with
respect to each employee listed in such report, the following:
``(A) The position occupied by the employee.
``(B) The number of business days of such leave.
``(C) The reason that such employee was placed on such
leave.
``(3) In submitting each report under paragraph (1), the Secretary
shall take such measures to protect the privacy of the employees listed
in the report as the Secretary considers appropriate.
``(c) Administrative Leave Defined.--In this section, the term
`administrative leave'--
``(1) means an administratively authorized absence from
duty without loss of pay or charge to leave for which the
employee is placed due to an investigation on or for whom any
disciplinary action is proposed or initiated; and
``(2) includes any type of paid non-duty status without a
charge to leave.''.
(b) Application.--
(1) Administrative leave limitation.--Subsection (a) of
section 717 of title 38, United States Code (as added by
subsection (a)), shall apply to any period of administrative
leave (as defined in such section) commencing on or after the
date of the enactment of this Act.
(2) Report.--The report under section 717(b) of such title
(as added by subsection (a)) shall apply beginning in the first
quarter that ends after the date that is 180 days after the
date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is further amended by adding at the end the
following new item:
``717. Administrative leave limitation and report.''.
SEC. 4. ACCOUNTABILITY OF LEADERS FOR MANAGING THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by inserting after section 709 the following new section:
``Sec. 710. Annual performance plan for political appointees
``(a) In General.--The Secretary shall conduct an annual
performance plan for each political appointee of the Department that is
similar to the annual performance plan conducted for an employee of the
Department who is appointed as a career appointee (as that term is
defined in section 3132(a)(4) of title 5) within the Senior Executive
Service at the Department.
``(b) Elements of Plan.--Each annual performance plan conducted
under subsection (a) with respect to a political appointee of the
Department shall include, to the extent applicable, an assessment of
whether the appointee is meeting the following goals:
``(1) Recruiting, selecting, and retaining well-qualified
individuals for employment at the Department.
``(2) Engaging and motivating employees.
``(3) Training and developing employees and preparing those
employees for future leadership roles within the Department.
``(4) Holding each employee of the Department that is a
manager accountable for addressing issues relating to
performance, in particular issues relating to the performance
of employees that report to the manager.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is further amended by inserting after the item
relating to section 709 the following new item:
``710. Annual performance plan for political appointees.''.
SEC. 5. ACCOUNTABILITY OF SUPERVISORS AT DEPARTMENT OF VETERANS AFFAIRS
FOR HIRING WELL-QUALIFIED PEOPLE.
(a) Assessment During Probationary Period.--
(1) Determination required.--With respect to any employee
of the Department of Veterans Affairs who is required to serve
a probationary period in a position in the Department, the
Secretary of Veterans Affairs shall require the supervisor of
such employee to determine, during the 30-day period ending on
the date on which the probationary period ends, whether the
employee--
(A) has demonstrated successful performance; and
(B) should continue past the probationary period.
(2) Limitation on employment after probationary period.--
(A) In general.--Except as provided in subparagraph
(B), no employee of the Department serving a
probationary period as described in paragraph (1) may
complete that probationary period unless and until the
supervisor of the employee, or another supervisor
capable of making the requisite determination, has made
an affirmative determination under such paragraph.
(B) Probationary period deemed completed.--
(i) No determination.--If no determination
under paragraph (1) is made with respect to an
employee before the end of the 60-day period
following the end of the 30-day period
specified in such paragraph, the employee shall
be deemed to have completed the probationary
period of the employee effective as of the end
of that 60-day period.
(ii) Retroactive effect of determination.--
If an affirmative determination under paragraph
(1) is made with respect to an employee after
the end of the 30-day period specified in such
paragraph, the employee shall be deemed to have
completed the probationary period of the
employee effective as of the end of that 30-day
period.
(3) Notification to congress regarding determinations.--Not
less frequently than monthly, the Secretary shall notify the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives
regarding--
(A) each instance during such month in which a
supervisor did not make a determination required under
paragraph (1) during the period required in such
paragraph; and
(B) each such instance included in a previous
notification under this paragraph for which the
supervisor still has not made such a determination.
(b) Supervisors.--With respect to any employee of the Department
who is serving a probationary period in a supervisory position at the
Department, successful performance under subsection (a) shall include
demonstrating management competencies in addition to the technical
skills required for such position.
(c) Performance Plan.--Each annual performance plan conducted for a
supervisor of an employee serving a probationary period shall hold the
supervisor accountable for--
(1) providing regular feedback to such employee during such
period before making a determination under subsection (a)
regarding the probationary status of such employee; and
(2) making a timely determination under subsection (a)
regarding the probationary status of such employee.
(d) Supervisor Defined.--In this section, the term ``supervisor''
has the meaning given such term in section 7103(a) of title 5, United
States Code.
SEC. 6. ACCOUNTABILITY OF MANAGERS FOR ADDRESSING PERFORMANCE OF
EMPLOYEES.
The Secretary of Veterans Affairs shall ensure that, as a part of
the annual performance plan of an employee of the Department of
Veterans Affairs who is a manager, the manager is evaluated on the
following:
(1) Taking action to address poor performance and
misconduct among the employees that report to the manager.
(2) Taking steps to improve or sustain high levels of
employee engagement.
SEC. 7. EXPANSION OF DEFINITION OF PERSONNEL ACTION TO INCLUDE
PERFORMANCE EVALUATIONS OF EMPLOYEES OF THE DEPARTMENT OF
VETERANS AFFAIRS.
Section 2302(a)(2)(A)(viii) of title 5, United States Code, is
amended by inserting ``or under title 38'' after ``chapter 43 of this
title''.
SEC. 8. WRITTEN OPINION ON CERTAIN EMPLOYMENT RESTRICTIONS AFTER
TERMINATING EMPLOYMENT WITH THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by adding at the end the following new section:
``Sec. 719. Written opinion on certain employment restrictions after
terminating employment with the Department
``(a) In General.--Before terminating employment with the
Department, any official of the Department who has participated
personally and substantially during the one-year period ending on the
date of the termination in an acquisition by the Department that
exceeds $10,000,000 shall obtain a written opinion from an appropriate
ethics counselor at the Department regarding any restrictions on
activities that the official may undertake on behalf of a covered
contractor during the two-year period beginning on the date on which
the official terminates such employment.
``(b) Covered Contractor Defined.--In this section, the term
`covered contractor' means a contractor carrying out a contract entered
into with the Department, including pursuant to a subcontract.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is further amended by inserting after the item
relating to section 717 the following new item:
``719. Written opinion on certain employment restrictions after leaving
the Department.''.
SEC. 9. REQUIREMENT FOR CONTRACTORS OF THE DEPARTMENT EMPLOYING CERTAIN
RECENTLY SEPARATED DEPARTMENT EMPLOYEES.
(a) In General.--Subchapter II of chapter 81 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 8129. Requirement for contractors employing certain recently
separated Department employees
``(a) In General.--A covered contractor may not knowingly provide
compensation to an individual described in subsection (b) during the
two-year period beginning on the date on which the individual
terminates employment with the Department unless the covered contractor
determines that the individual--
``(1) has obtained the written opinion required under
section 719(a) of this title; or
``(2) has requested such written opinion not later than 30
days before receiving compensation from the covered contractor.
``(b) Individual Described.--An individual described in this
subsection is any official of the Department who participated
personally and substantially during the one-year period ending on the
date of the termination individual's employment with the Department in
an acquisition by the Department that exceeds $10,000,000.
``(c) Covered Contractor Defined.--In this section, the term
`covered contractor' means a contractor carrying out a contract entered
into with the Department, including pursuant to a subcontract.''.
(b) Application.--The requirement under section 8129(a) of title
38, United States Code, as added by subsection (a), shall apply with
respect to any entity that enters into a contract with the Department
on or after the date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by inserting after the item
relating to section 8128 the following new item:
``8129. Requirement for contractors employing certain recently
separated Department employees.''.
Passed the Senate December 10 (legislative day, December
9), 2016.
Attest:
Secretary.
114th CONGRESS
2d Session
S. 290
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to improve the accountability of
employees of the Department of Veterans Affairs, and for other
purposes. | Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2016 This bill requires the reduction of the federal annuities of individuals removed from the Department of Veterans Affairs (VA) Senior Executive Service (SES) if they are convicted of a felony that influenced their performance while employed in such position. The VA may order the reduction of the federal annuities of individuals who were convicted of such a felony and were subject to removal or transfer from the SES but who left the VA before final action was taken. Such annuities shall be reduced by excluding the covered service performed after the activity that subjects such an individual to transfer or removal occurs. An individual whose annuity is reduced may appeal the reduction to the Office of Personnel Management. The VA may not place an SES employee on administrative leave for more than a total of 14 days during any 365-day period. The VA may waive such prohibition if it provides Congress with a detailed explanation of the reasons the employee was placed on administrative leave and the reasons for extending such leave. The VA shall conduct an annual performance plan for each political appointee that is similar to the plan conducted for career appointee SES employees. A supervisor of an employee on probation shall determine, during the 30-day period ending on the date on which the probationary period ends, whether the employee: (1) has demonstrated successful performance, and (2) should continue past the probationary period. Each annual performance plan for a supervisor of an employee serving a probationary period shall hold the supervisor accountable for: (1) providing regular feedback to the employee before making a determination regarding such employee's probationary status, and (2) making a timely probationary status determination. The evaluation of VA managers shall include actions taken to address employee performance. Before terminating VA employment, an official who has participated personally and substantially in a VA acquisition that exceeds $1 million or who held a key acquisitions position at the VA shall obtain a written opinion from a VA ethics counselor regarding any restrictions on activities that the official may undertake on behalf of a contractor during the two-year period after the official terminates VA employment. A contractor may not knowingly provide compensation to such an individual during such two-year period unless the contractor determines that the individual has obtained or requested such written opinion. | {"src": "billsum_train", "title": "Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2016"} | 3,964 | 488 | 0.624527 | 2.111711 | 0.779114 | 3.646532 | 8.129754 | 0.894855 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Professional Sports Franchise
Relocation Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) professional sports teams foster a strong local
identity with the people of the cities and regions in which
they are located, providing a source of civic pride for their
supporters;
(2) professional sports teams provide employment
opportunities, revenues, and a valuable form of entertainment
for the cities and regions in which they are located;
(3) in many communities, there are significant public
investments associated with professional sports facilities;
(4) it is in the public interest to encourage professional
sports leagues to operate under policies that promote stability
among their member teams and to promote the equitable
resolution of disputes arising from the proposed relocation of
professional sports teams; and
(5) professional sports teams travel in interstate commerce
to compete, and utilize materials shipped in interstate
commerce, and professional sports games are broadcast
nationally.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``antitrust laws'' shall have the meaning
given to such term in the first section of the Clayton Act (15
U.S.C. 12) and in the Federal Trade Commission Act (15 U.S.C.
41 et seq.);
(2) the term ``home territory'' means the geographic area
within which a member team operates and plays the majority of
its home games, as defined in the governing agreement or
agreements of the relevant league on July 1, 1995, or upon the
commencement of operations of any league after such date;
(3) the term ``interested party'' includes--
(A) any local government that has provided
financial assistance, including tax abatement, to the
facilities in which the team plays;
(B) a representative of the local government for
the locality in which a member team's stadium or arena
is located;
(C) a member team;
(D) the owner or operator of a stadium or arena of
a member team; and
(E) any other affected party, as designated by the
relevant league;
(4) the term ``local government'' means a city, county,
parish, town, township, village, or any other general
governmental unit established under State law;
(5) the terms ``member team'' and ``team'' mean any team of
professional athletes--
(A) organized to play major league football,
basketball, or hockey; and
(B) that is a member of a professional sports
league;
(6) the term ``person'' means any individual, partnership,
corporation, or unincorporated association, any combination or
association thereof, or any political subdivision;
(7) the terms ``professional sports league'' and ``league''
mean an association that--
(A) is composed of 2 or more member teams;
(B) regulates the contests and exhibitions of its
member teams; and
(C) has been engaged in competition in a particular
sport for more than 7 years; and
(8) the terms ``stadium'' and ``arena'' mean the principal
facility within which a member team plays the majority of its
home games.
SEC. 4. ACTIONS AUTHORIZED.
The antitrust laws shall not apply to a professional sports
league's enforcement or application of a rule authorizing the
membership of the league to decide whether or not a member team of such
league may be relocated.
SEC. 5. PROCEDURAL REQUIREMENTS.
(a) Notice.--
(1) In general.--Any person seeking to change the home
territory of a member team shall furnish notice of such
proposed change not later than 210 days before the commencement
of the season in which the member team is to play in such other
location.
(2) Requirements.--The notice shall--
(A) be in writing and delivered in person or by
certified mail to all interested parties;
(B) be made available to the news media;
(C) be published in one or more newspapers of
general circulation within the member team's home
territory; and
(D) contain--
(i) an identification of the proposed new
location of such member team;
(ii) a summary of the reasons for the
change in home territory based on the criteria
listed in subsection (b)(2); and
(iii) the date on which the proposed change
would become effective.
(b) Procedures.--
(1) Establishment.--Prior to making a decision to approve
or disapprove the relocation of a member team, a professional
sports league shall establish applicable rules and procedures,
including criteria and factors to be considered by the league
in making decisions, which shall be available upon request to
any interested party.
(2) Criteria to be considered.--The criteria and factors to
be considered shall include--
(A) the extent to which fan loyalty to and support
for the team has been demonstrated during the team's
tenure in the community;
(B) the degree to which the team has engaged in
good faith negotiations with appropriate persons
concerning terms and conditions under which the team
would continue to play its games in the community or
elsewhere within its home territory;
(C) the degree to which the ownership or management
of the team has contributed to any circumstance that
might demonstrate the need for the relocation;
(D) the extent to which the team, directly or
indirectly, received public financial support by means
of any publicly financed playing facility, special tax
treatment, or any other form of public financial
support;
(E) the adequacy of the stadium or arena in which
the team played its home games in the previous season,
and the willingness of the stadium, arena authority, or
local government to remedy any deficiencies in the
facility;
(F) whether the team has incurred net operating
losses, exclusive of depreciation or amortization,
sufficient to threaten the continued financial
viability of the team;
(G) whether any other team in the league is located
in the community in which the team is located;
(H) whether the team proposes to relocate to a
community in which no other team in the league is
located;
(I) whether the stadium authority, if public, is
opposed to the relocation; and
(J) any other criteria considered appropriate by
the professional sports league.
(c) Hearings.--In making a determination with respect to the
location of such member team's home territory, the professional sports
league shall conduct a hearing at which interested parties shall be
afforded an opportunity to submit written testimony and exhibits. The
league shall keep a record of all such proceedings.
SEC. 6. JUDICIAL REVIEW.
(a) In General.--A decision by a professional sports league to
approve or disapprove the relocation of a member team may be reviewed
in a civil action brought by an interested party subject to the
limitations set forth in this section.
(b) Venue.--
(1) In general.--Subject to paragraph (2), an action under
this section may be brought only in the United States District
Court for the District of Columbia.
(2) Exception.--If the home territory of the member club or
the proposed new home territory of the member club is within 50
miles of the District of Columbia, an action under this section
may be brought only in the United States District Court for the
Southern District of New York.
(c) Time.--An action under this section shall be brought not later
than 14 days after the formal vote of the league approving or
disapproving the proposed relocation.
(d) Standard of Review.--Judicial review of a decision by a
professional sports league to permit or not to permit the relocation of
a member team shall be conducted on an expedited basis, and shall be
limited to--
(1) determining whether the league complied with the
procedural requirements of section 5; and
(2) determining whether, in light of the criteria and
factors to be considered, the league's decision was arbitrary
or capricious.
(e) Remand.--If the reviewing court determines that the league
failed to comply with the procedural requirements of section 5 or
reached an arbitrary and capricious decision, it shall remand the
matter for further consideration by the league. The reviewing court may
grant no relief other than enjoining or approving enforcement of the
league decision.
SEC. 7. MISCELLANEOUS.
(a) Payment of Debts.--
(1) In general.--Any team permitted by a professional
sports league to relocate its franchise to a different home
territory from a publicly owned facility that remains subject
to debt for construction or improvements shall pay to the
facility owner, on a current basis until the retirement of that
debt, its proportionate share, based upon dates of facility
usage during the 12 months prior to the notice of the team's
intent to relocate, of the existing debt service on such
obligations.
(2) Effect on existing rights.--This subsection shall not
affect a stadium authority's rights, if any, to seek specific
enforcement of its lease or a club's rights, if any, to seek a
judicial determination that its lease has been breached.
(b) Competition.--Any community from which a professional sports
league franchise relocates under this Act shall receive 180 days' prior
notice of any league decision to expand and an opportunity to compete
for such an expansion franchise on grounds no less favorable than those
afforded to other communities.
SEC. 8. EFFECTIVE DATE.
This Act shall apply to any league action addressing relocation of
the home territory of a member team that occurs on or after June 1,
1995, and to any lawsuit addressing such league action filed after June
1, 1995. | Professional Sports Franchise Relocation Act of 1996 - Exempts from antitrust laws a professional sports league's enforcement or application of a rule authorizing the membership of the league to decide whether or not a member team may be relocated.
Requires persons seeking to change the home territory of a member team to furnish to the media and all interested parties notice of such proposed change within 210 days before the commencement of the season in which the team is to play in such other location.
Requires a relocation decision by a professional sports league to be based on rules, procedures, and the consideration of criteria that include: (1) demonstrated fan loyalty and support for the team; (2) the extent the team received public financial support; and (3) whether the team has incurred net operating losses.
Allows the decision by a professional sports league to approve or disapprove the relocation of a member team to be reviewed in a civil action brought by an interested party subject to specified limitations. Limits the relief granted by the reviewing court to enjoining or approving enforcement of the league's decision.
Sets forth provisions concerning debt payments by teams that relocate from publicly owned facilities that remain subject to debt for construction or improvements.
Provides that this Act shall not effect a stadium authority's rights to seek specific enforcement of its lease or a club's rights if any to seek a judicial determination that its lease has been breached.
Requires any community from which such professional sports league franchise relocates to receive 180 days' prior notice of any league decision to expand. Gives the community an opportunity to compete for such an expansion franchise on grounds no less favorable that those afforded to other communities.
Applies this Act to any league action addressing relocation of a member team on or after June 1, 1995. | {"src": "billsum_train", "title": "Professional Sports Franchise Relocation Act of 1996"} | 2,081 | 389 | 0.576976 | 1.616871 | 0.750879 | 4.679191 | 5.82659 | 0.939306 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Health Care Access Received
Closer to Home Act of 2014''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) veterans who are authorized by the Secretary of
Veterans Affairs to receive health care in the community must
not lose the high quality, safety, care coordination, and other
veteran-centric elements that the health care system of the
Department of Veterans Affairs provides;
(2) many veterans receive health care from both the
Department and community providers but the lack of care
coordination among the Department and community providers when
veterans receive purchased care places veterans at risk for
poor health outcomes and results in inefficient use of finite
health care resources;
(3) veteran-centric care coordination is associated with
improved patient outcomes, as Department and non-Department
health care teams coordinate and collaborate to provide the
best care for veterans; and
(4) if the Secretary purchases care for veterans from the
private sector, such care must be secured in a cost-effective
manner, in a way that complements the larger health care system
of the Department by using industry standards for care and
costs.
SEC. 3. REAUTHORIZATION AND MODIFICATION OF PILOT PROGRAM OF ENHANCED
CONTRACT CARE AUTHORITY FOR HEALTH CARE NEEDS OF
VETERANS.
Section 403 of the Veterans' Mental Health and Other Care
Improvements Act of 2008 (Public Law 110-387; 38 U.S.C. 1703 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``120 days after
the date of the enactment of this Act'' and inserting
``90 days after the date of the enactment of the
Veterans Health Care Access Received Closer to Home Act
of 2014''; and
(B) by amending paragraph (4) to read as follows:
``(4) Program locations.--The Secretary shall carry out the
pilot program at locations in the following Veterans Integrated
Service Networks (and such other locations as the Secretary
considers appropriate):
``(A) Veterans Integrated Service Network 1.
``(B) Veterans Integrated Service Network 6.
``(C) Veterans Integrated Service Network 15.
``(D) Veterans Integrated Service Network 18.
``(E) Veterans Integrated Service Network 19.'';
(2) by amending subsection (b) to read as follows:
``(b) Covered Veterans.--For purposes of the pilot program under
this section, a covered veteran is any rural or highly rural veteran
who--
``(1) is--
``(A) enrolled in the system of patient enrollment
established under section 1705(a) of title 38, United
States Code;
``(B) eligible for health care under the laws
administered by the Secretary and enrolls in such
system of patient enrollment not later than 30 days
after the veteran begins receiving covered health
services under the pilot program; or
``(C) eligible for health care under section
1710(e)(3) of such title; and
``(2) resides in a location that is--
``(A) more than 60 minutes driving distance from
the nearest Department health care facility providing
primary care services, if the veteran is seeking such
services;
``(B) more than 120 minutes driving distance from
the nearest Department health care facility providing
acute hospital care, if the veteran is seeking such
care; or
``(C) more than 240 minutes driving distance from
the nearest Department health care facility providing
tertiary care, if the veteran is seeking such care.'';
(3) by redesignating subsection (h) as subsection (j);
(4) by inserting after subsection (g) the following new
subsections:
``(h) Appointments.--In carrying out the pilot program under this
section, the Secretary shall ensure that medical appointments for
veterans occur during the 30-day period beginning on the date that is
15 days after the date on which the appointment is requested.
``(i) Outreach.--The Secretary shall ensure that a veteran eligible
for the pilot program under this section is informed of such
program.''; and
(5) in paragraph (2)(B) of subsection (j), as redesignated
by paragraph (3) of this section, by striking the semicolon at
the end and inserting ``; and''. | Veterans Health Care Access Received Closer to Home Act of 2014 - Expresses the sense of Congress in support of veteran-centric health care coordination between the Department of Veterans Affairs (VA) and community providers, as well as cost-effective VA purchase of veterans' care from the private sector. Amends the Veterans' Mental Health and Other Care Improvements Act of 2008 to reauthorize a VA pilot program of contract care authority within specified Veterans Integrated Service Networks for the health care needs of veterans in highly rural areas who are enrolled in the VA annual patient enrollment system. Requires: (1) that medical appointments for veterans, under the pilot program, occur during the 30-day period beginning on the date that is 15 days after the appointment is requested, and (2) the Secretary of Veterans Affairs to ensure that eligible veterans are informed of the program. | {"src": "billsum_train", "title": "Veterans Health Care Access Received Closer to Home Act of 2014"} | 950 | 178 | 0.628273 | 1.666188 | 0.877519 | 3.731707 | 5.603659 | 0.902439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Labor Relations
Modernization Act''.
SEC. 2. PREVENTING EXCESSIVE DELAYS IN INITIAL COLLECTIVE BARGAINING
AGREEMENTS.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
``(h) Whenever collective bargaining is for the purpose of
establishing an initial agreement following certification or
recognition, the provisions of subsection (d) shall be modified as
follows with respect to any employer having 20 or more employees:
``(1) Not later than 10 days after receiving a written
request for collective bargaining from an individual or labor
organization that has been newly organized or certified as a
representative as defined in section 9(a), or within such
further period as the parties agree upon, the parties shall
meet and commence to bargain collectively and shall make every
reasonable effort to conclude and sign a collective bargaining
agreement.
``(2) If after the expiration of the 120-day period
beginning on the date on which bargaining is commenced, or such
other period as the parties may agree upon, the parties have
failed to reach an agreement, either party may notify the
Federal Mediation and Conciliation Service of the existence of
a dispute and request the appointment of an arbitration panel.
Whenever such a request is received, the Service shall promptly
appoint an arbitration panel which will use its best efforts,
by mediation and conciliation, to bring the parties to
agreement.
``(3) If after the expiration of the 120-day period
beginning on the date on which the request for mediation is
made under paragraph (2), or such other period as the parties
may agree upon, the arbitration panel appointed under paragraph
(2) is not able to bring the parties to agreement by mediation
and conciliation, the such panel shall then begin to arbitrate
the dispute in accordance with such regulations as may be
prescribed by the Service. Such panel shall render a decision
settling the dispute not later than 30 days after commencing
arbitration and such decision shall be binding upon the parties
for a period of 18 months, unless amended during such period by
written consent of the parties.''.
SEC. 3. STRENGTHENING ENFORCEMENT AGAINST INTIMIDATION OF WORKERS.
(a) Injunctions Against Unfair Labor Practices During Organizing
Drives.--
(1) In general.--Section 10(l) of the National Labor
Relations Act (29 U.S.C. 160(l)) is amended--
(A) in the second sentence, by striking ``If, after
such'' and inserting the following:
``(2) If, after such''; and
(B) by striking the first sentence and inserting
the following:
``(1) Whenever it is charged--
``(A) that any employer--
``(i) discharged or otherwise discriminated against
an employee in violation of subsection (a)(3) of
section 8;
``(ii) threatened to discharge or to otherwise
discriminate against an employee in violation of
subsection (a)(1) of section 8; or
``(iii) engaged in any other unfair labor practice
within the meaning of subsection (a)(1) that
significantly interferes with, restrains, or coerces
employees in the exercise of the rights guaranteed in
section 7;
while employees of that employer were seeking representation by
a labor organization or during the period after a labor
organization was recognized as a representative defined in
section 9(a) until the first collective bargaining contract is
entered into between the employer and the representative; or
``(B) that any person has engaged in an unfair labor
practice within the meaning of subparagraph (A), (B) or (C) of
section 8(b)(4), section 8(e), or section 8(b)(7);
the preliminary investigation of such charge shall be made forthwith
and given priority over all other cases except cases of like character
in the office where it is filed or to which it is referred.''.
(2) Conforming amendment.--Section 10(m) of the National
Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting
``under circumstances not subject to section 10(l)'' after
``section 8''.
(b) Remedies for Violations.--
(1) Backpay.--Section 10(c) of the National Labor Relations
Act (29 U.S.C. 160(c)) is amended by striking ``And provided
further,'' and inserting ``Provided further, That if the Board
finds that an employer has discriminated against an employee in
violation of subsection (a)(3) of section 8 while employees of
the employer were seeking representation by a labor
organization, or during the period after a labor organization
was recognized as a representative defined in subsection (a) of
section 9 until the first collective bargaining contract was
entered into between the employer and the representative, the
Board in such order shall award the employee back pay and, in
addition, 2 times that amount as liquidated damages: Provided
further,''.
(2) Civil penalties.--Section 12 of the National Labor
Relations Act (29 U.S.C. 162) is amended--
(A) by striking ``Any'' and inserting ``(a) Any'';
and
(B) by adding at the end the following:
``(b) Any employer who willfully or repeatedly commits any unfair
labor practice within the meaning of subsections (a)(1) or (a)(3) of
section 8 while employees of the employer are seeking representation by
a labor organization or during the period after a labor organization
has been recognized as a representative defined in subsection (a) of
section 9 until the first collective bargaining contract is entered
into between the employer and the representative shall, in addition to
any make-whole remedy ordered, be subject to a civil penalty of not to
exceed $20,000 for each violation. In determining the amount of any
penalty under this section, the Board shall consider the gravity of the
unfair labor practice and the impact of the unfair labor practice on
the charging party, on other persons seeking to exercise rights
guaranteed by this Act, or on the public interest.''.
SEC. 4. EQUAL ACCESS TO LABOR ORGANIZATIONS PRIOR TO ELECTIONS.
(a) Equal Access.--Section 9 of the National Labor Relations Act
(29 U.S.C. 159) is amended by adding at the end the following new
subsection:
``(f)(1) Not later than 30 days after the Board shall have directed
an election, the employer shall notify the representative designated by
the employees under subsection (a) of any activities the employer
intends to engage in to campaign in opposition to recognition of the
representative, including any meetings with individual employees or
groups of employees, any announcements to employees, any signs to be
displayed at the place of employment, and any literature to be
distributed to employees, and shall provide the representative with
equal access to the place of employment to campaign in favor of
recognition of the representative, including the opportunity to hold an
equal number of meetings with individual employees or groups of
employees, and an opportunity to make announcements, display signs, and
distribute literature, under the same terms and conditions that the
employer engages in such activities.
``(2) As used in this subsection, the term `campaign' means any
activity undertaken to persuade employees to vote for or against
representation in an election directed by the Board, but shall not
include any interference with, restraint or coercion of, or
discrimination against employees in violation of paragraphs (1) through
(3) of section 8(a).''.
(b) Unfair Labor Practice.--Section 8(a) of the National Labor
Relations Act (29 U.S.C. 158(a)) is amended--
(1) in paragraph (5), by striking the period and inserting
``; or''; and
(2) by adding at the end the following:
``(6) to fail to provide the notification and equal access
to a representative as required by section 9(f).''. | National Labor Relations Modernization Act - Amends the National Labor Relations Act to set forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition of an individual or labor organization as the elected exclusive collective bargaining representative of a unit of 20 or more employees.
Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief.
Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative, but before the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bargaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights.
Adds to remedies for such violations: (1) back pay plus double liquidated damages; and (2) additional civil penalties.
Requires an employer, within 30 days after the National Labor Relations Board orders an election, to: (1) notify the designated representative of activities the employer intends to engage in to oppose recognition; and (2) provide such representative with equal access to the place of employment to campaign in favor of such recognition. Makes it an ULP for an employer to fail to provide such representative with such notice and equal access. | {"src": "billsum_train", "title": "To amend the National Labor Relations Act to require employers to provide labor organizations with equal access to employees prior to an election regarding representation, to prevent delays in initial collective bargaining, and to strengthen enforcement against intimidation of employees by employers."} | 1,778 | 364 | 0.490451 | 1.572797 | 0.813944 | 3.155689 | 4.916168 | 0.868263 |
SECTION 1. GRANTS FOR WASTEWATER TREATMENT.
(a) Coastal Localities.--The Administrator shall make grants under
title II of the Federal Water Pollution Control Act to appropriate
instrumentalities for the purpose of construction of treatment works
(including combined sewer overflow facilities) to serve coastal
localities.
(b) Federal Share.--Notwithstanding section 202(a)(1) of the
Federal Water Pollution Control Act, the Federal share of grants under
subsection (a) shall be 80 percent of the cost of construction, and the
non-Federal share shall be 20 percent of the cost of construction.
(c) Small Communities.--The Administrator shall make grants to
States for the purpose of providing assistance for the construction of
treatment works and alternative wastewater treatment systems to serve
small communities as defined by the State; except that the term ``small
communities'' may not include any locality with a population greater
than 75,000. Funds made available to carry out this subsection shall be
allotted by the Administrator to the States in accordance with the
allotment formula contained in section 604(a) of the Federal Water
Pollution Control Act.
(d) Authorization of Appropriations.--There is authorized to be
appropriated for making grants under this section $300,000,000 for
fiscal year 1996. Such sums shall remain available until expended and
shall be equally divided between subsections (a) and (c) of this
section. Such authorization of appropriation shall take effect only if
the total amount appropriated for fiscal year 1996 to carry out title
VI of the Federal Water Pollution Control Act is at least
$2,250,000,000.
SEC. 2. TREATMENT WORKS DEFINED.
(a) Inclusion of Other Lands.--Section 212(2)(A) of the Federal
Water Pollution Control Act (33 U.S.C. 1292(2)(A)) is amended--
(1) by striking ``any works, including site'';
(2) by striking ``is used for ultimate'' and inserting
``will be used for ultimate''; and
(3) by inserting before the period at the end the
following: ``and acquisition of other lands, and interests in
lands, which are necessary for construction''.
(b) Policy on Cost Effectiveness.--Section 218(a) of such Act (33
U.S.C. 1298(a)) is amended by striking ``combination of devices and
systems'' and all that follows through ``from such treatment;'' and
inserting ``treatment works;''.
SEC. 3. COMBINED SEWER OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(q) Combined Sewer Overflows.--
``(1) Requirement for permits.--Each permit issued pursuant
to this section for a discharge from a combined storm and
sanitary sewer shall conform with the combined sewer overflow
control policy signed by the Administrator on April 11, 1994.
``(2) Term of permit.--
``(A) Compliance deadline.--Notwithstanding any
compliance schedule under section 301(b), or any permit
limitation under section 402(b)(1)(B), the
Administrator (or a State with a program approved under
subsection (b)) may issue a permit pursuant to this
section for a discharge from a combined storm and
sanitary sewer, that includes a schedule for compliance
with a long-term control plan under the control policy
referred to in paragraph (1), for a term not to exceed
15 years.
``(B) Extension.--Notwithstanding the compliance
deadline specified in subparagraph (A), the
Administrator or a State with a program approved under
subsection (b) shall extend, on request of an owner or
operator of a combined storm and sanitary sewer and
subject to subparagraph (C), the period of compliance
beyond the last day of the 15-year period--
``(i) if the Administrator or the State
determines that compliance by such last day is
not within the economic capability of the owner
or operator; and
``(ii) if the owner or operator
demonstrates to the satisfaction of the
Administrator or the State reasonable further
progress toward compliance with a long-term
control plan under the control policy referred
to in paragraph (1).
``(C) Limitation on extensions.--Notwithstanding
subparagraph (B), the Administrator or the State need
not grant an extension of the compliance deadline
specified in subparagraph (A) if the Administrator or
the State determines that such an extension is not
appropriate.
``(3) Savings clause.--Any consent decree or court order
entered by a United States district court, or administrative
order issued by the Administrator, before the date of the
enactment of this subsection establishing any deadlines,
schedules, or timetables, including any interim deadlines,
schedules, or timetables, for the evaluation, design, or
construction of treatment works for control or elimination of
any discharge from a municipal combined storm and sanitary
sewer system shall be modified upon motion or request by any
party to such consent decree or court order, to extend to
December 31, 2009, at a minimum, any such deadlines, schedules,
or timetables, including any interim deadlines, schedules, or
timetables as is necessary to conform to the policy referred to
in paragraph (1) or otherwise achieve the objectives of this
subsection.''
SEC. 4. SPECIFIC REQUIREMENTS FOR CAPITALIZATION GRANTS.
Section 602(b)(6) of the Federal Water Pollution Control Act (33
U.S.C. 1382(b)(6)) is amended by inserting ``(other than the 20 percent
limitation contained in the exception at the end of the last sentence
of such section)'' after ``201(g)(1)''.
SEC. 5. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) Activities Eligible for Assistance.--Section 603(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is amended to
read as follows:
``(c) Activities Eligible for Assistance.--
``(1) In general.--The amounts of funds available to each
State water pollution control revolving fund shall be used only
for providing financial assistance to activities which have as
a principal benefit the improvement or protection of water
quality of navigable waters to a municipality, intermunicipal
agency, interstate agency, State agency, or other person. Such
activities may include the following:
``(A) Construction of a publicly owned treatment
works if the recipient of such assistance is a
municipality.
``(B) Implementation of lake protection programs
and projects under section 314.
``(C) Implementation of a management program under
section 319.
``(D) Implementation of a conservation and
management plan under section 320.
``(E) Acquisition of property rights for the
restoration or protection of publicly or privately
owned riparian areas.
``(F) Implementation of measures to improve the
efficiency of public water use.
``(G) Development and implementation of plans by a
public recipient to prevent water pollution.
``(H) Acquisition of lands necessary to meet any
mitigation requirements related to construction of a
publicly owned treatment works.
``(2) Fund amounts.--The water pollution control revolving
fund of a State shall be established, maintained, and credited
with repayments, and the fund balance shall be available in
perpetuity for providing financial assistance described in
paragraph (1). Fees charged by a State to recipients of such
assistance may be deposited in the fund for the sole purpose of
financing the cost of administration of this title.''.
(b) Extended Repayment Period for Disadvantaged Communities.--
Section 603(d)(1) of such Act (33 U.S.C. 1383(d)(1)) is amended--
(1) in subparagraph (A) by inserting after ``20 years'' the
following: ``or, in the case of a disadvantaged community, the
lesser of 40 years or the expected life of the project to be
financed with the proceeds of the loan''; and
(2) in subparagraph (B) by striking ``not later than 20
years after project completion'' and inserting ``upon the
expiration of the term of the loan''.
(c) Interest Rates.--Section 603 of such Act is further amended by
adding at the end the following:
``(i) Interest Rates.--In any case in which a State makes a loan
pursuant to subsection (d)(1) to a disadvantaged community, the State
may charge a negative interest rate of not to exceed 2 percent to
reduce the unpaid principal of the loan. The aggregate amount of all
such negative interest rate loans the State makes in a fiscal year
shall not exceed 20 percent of the aggregate amount of all loans made
by the State from its revolving loan fund in such fiscal year.''.
SEC. 6. ALLOTMENT OF FUNDS.
(a) In General.--Section 604(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1384(a)) is amended to read as follows:
``(a) Formula for Fiscal Years 1996-2000.--Sums authorized to be
appropriated pursuant to section 607 for each of fiscal years 1996,
1997, 1998, 1999, and 2000 shall be allotted for such year by the
Administrator not later than the 10th day which begins after the date
of the enactment of the table contained in this subsection. Sums
authorized for each such fiscal year shall be allotted in accordance
with the following table:
``States: Percentage of sums authorized:
Alabama....................................... 0.7736
Alaska........................................ 0.2500
Arizona....................................... 1.1526
Arkansas...................................... 0.3853
California.................................... 9.3957
Colorado...................................... 0.6964
Connecticut................................... 1.3875
Delaware...................................... 0.2500
District of Columbia.......................... 0.3203
Florida....................................... 3.4696
Georgia....................................... 2.0334
Hawaii........................................ 0.2629
Idaho......................................... 0.2531
Illinois...................................... 5.6615
Indiana....................................... 3.1304
Iowa.......................................... 0.6116
Kansas........................................ 0.8749
Kentucky...................................... 1.3662
Louisiana..................................... 1.0128
Maine......................................... 0.6742
Maryland...................................... 1.6701
Massachusetts................................. 4.3755
Michigan...................................... 3.8495
Minnesota..................................... 1.3275
Mississippi................................... 0.6406
Missouri...................................... 1.7167
Montana....................................... 0.2500
Nebraska...................................... 0.4008
Nevada........................................ 0.2500
New Hampshire................................. 0.4791
New Jersey.................................... 4.7219
New Mexico.................................... 0.2500
New York...................................... 14.7435
North Carolina................................ 2.5920
North Dakota.................................. 0.2500
Ohio.......................................... 4.9828
Oklahoma...................................... 0.6273
Oregon........................................ 1.2483
Pennsylvania.................................. 4.2431
Rhode Island.................................. 0.4454
South Carolina................................ 0.7480
South Dakota.................................. 0.2500
Tennessee..................................... 1.4767
Texas......................................... 4.6773
Utah.......................................... 0.2937
Vermont....................................... 0.2722
Virginia...................................... 2.4794
Washington.................................... 2.2096
West Virginia................................. 1.4346
Wisconsin..................................... 1.4261
Wyoming....................................... 0.2500
Puerto Rico................................... 1.0866
Northern Marianas............................. 0.0308
American Samoa................................ 0.0908
Guam.......................................... 0.0657
Palau......................................... 0.1295
Virgin Islands................................ 0.0527.''.
(b) Conforming Amendment.--Section 604(c)(2) is amended by striking
``title II of this Act'' and inserting ``this title''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 607 (33 U.S.C. 1387) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) such sums as may be necessary for fiscal year 1995;
``(7) $2,250,000,000 for fiscal year 1996;
``(8) $2,300,000,000 for fiscal year 1997;
``(9) $2,300,000,000 for fiscal year 1998;
``(10) $2,300,000,000 for fiscal year 1999; and
``(11) $2,300,000,000 for fiscal year 2000.''. | Directs the Administrator of the Environmental Protection Agency to make grants: (1) under the Federal Water Pollution Control Act (the Act) to appropriate instrumentalities for the construction of treatment works (including combined sewer overflow facilities) to serve coastal localities; and (2) to States for assistance for the construction of treatment works and alternative wastewater treatment systems to serve small communities. Authorizes appropriations.
Modifies the Act's: (1) definition of "treatment works" to include acquisition of the land that will be an integral part of the treatment process or will be used for ultimate disposal of residues resulting from such treatment and acquisition of other lands, and interests in lands, which are necessary for construction; and (2) policy on cost effectiveness to provide that a project for waste treatment and management undertaken with Federal assistance by any State, municipality, or intermunicipal or interstate agency shall be that system which constitutes the most economical and cost-effective treatment works, subject to specified requirements.
Requires that each permit issued for a discharge from a combined storm and sanitary sewer conform with the combined sewer overflow control policy signed by the Administrator on April 11, 1994. Authorizes the Administrator or a State with an approved program to issue a permit for such a discharge that includes a schedule for compliance with a long-term control plan under the control policy up to 15 years, subject to extension under specified circumstances.
Modifies the Act to allow sums available to each State water pollution control revolving fund to be used only for providing financial assistance to activities which have as a principal benefit the improvement or protection of water quality of navigable waters to a municipality, intermunicipal, interstate, or State agency or other person. Extends the repayment period for loans from a State water pollution control revolving fund for disadvantaged communities. Permits the State, in making a loan to a disadvantaged community, to charge a negative interest rate of not to exceed two percent to reduce the unpaid principal of the loan, subject to specified limitations.
Revises Act provisions regarding the allotment of funds to set forth a table of percentages of sums authorized for various States for FY 1996 through 2000.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act."} | 2,837 | 477 | 0.632106 | 2.036588 | 0.854553 | 4 | 5.692857 | 0.890476 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuel Pipelines Act of
2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Creating the appropriate infrastructure to move
renewable fuels is a necessary energy and transportation
objective for the United States.
(2) Currently more than 70 percent of the gasoline supply
of the United States is delivered to local terminals through
pipelines.
(3) Pipelines are the most cost-effective, efficient, and
safe transportation mode in use today to deliver large volumes
of liquid fuels.
(4) Renewable fuels are currently transported by truck,
barge, and rail, and the volume requirements of the Energy
Independence and Security Act of 2007 may overwhelm the
renewable fuels infrastructure.
(5) The transportation of renewable fuels through a
pipeline will facilitate the meeting of the volume requirements
of the Energy Independence and Security Act of 2007.
(6) The production and use of renewable fuels is supported
by Federal policy and a corresponding Federal policy is
necessary to support the construction of an appropriate
infrastructure to transport such fuels.
SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL
PIPELINES.
(a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42
U.S.C. 16511) is amended by adding at the end the following:
``(6) Renewable fuel.--The term `renewable fuel' has the
meaning given the term in section 211(o)(1) of the Clean Air
Act (42 U.S.C. 7545(o)(1)), as in effect on January 1, 2009,
except that the term shall include all ethanol and biodiesel.
``(7) Renewable fuel pipeline.--The term `renewable fuel
pipeline' means a common carrier pipeline for transporting
renewable fuel.''.
(b) Specific Appropriation or Contribution.--Section 1702(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16512(b)) is amended by striking
``No'' and inserting ``Except with respect to a project described in
section 1703(f), no''.
(c) Amount.--Section 1702(c) of the Energy Policy Act of 2005 (42
U.S.C. 16512(c)) is amended--
(1) by striking ``(c) Amount.--Unless'' and inserting the
following:
``(c) Amount.--
``(1) In general.--Unless''; and
(2) by adding at the end the following:
``(2) Renewable fuel pipelines.--With respect to a project
described in section 1703(f)--
``(A) a guarantee by the Secretary shall not exceed
an amount equal to 90 percent of the project cost of
the renewable fuel pipeline that is the subject of the
guarantee, as estimated at the time at which the
guarantee is issued; and
``(B) the Secretary may make more than one
guarantee for such project, to the extent that the sum
of all guarantees for such project does not exceed an
amount equal to 90 percent of the project cost of the
renewable fuel pipeline that is the subject of such
guarantees, as estimated any time after the original
guarantee is issued.''.
(d) Eligible Projects.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended by adding at the end the following:
``(f) Renewable Fuel Pipelines.--
``(1) In general.--The Secretary may make guarantees under
this title for projects to construct renewable fuel pipelines
without regard to any limitation imposed by this section other
than one imposed in this subsection.
``(2) Guarantee determinations.--In determining whether to
make a guarantee for a project described in paragraph (1), the
Secretary shall consider the following:
``(A) The volume of renewable fuel to be moved by
the renewable fuel pipeline.
``(B) The size of the markets to be served by the
renewable fuel pipeline.
``(C) The existence of sufficient storage to
facilitate access to the markets to be served by the
renewable fuel pipeline.
``(D) The proximity of the renewable fuel pipeline
to renewable fuel production facilities.
``(E) The investment in terminal infrastructure of
the entity carrying out the proposed project to
construct a renewable fuel pipeline.
``(F) The history and experience working with
renewable fuel of the entity carrying out the proposed
project to construct a renewable fuel pipeline.
``(G) The ability of the entity carrying out the
proposed project to construct a renewable fuel pipeline
to ensure and maintain the quality of the renewable
fuel through the terminal system of the entity and
through the dedicated pipeline system.
``(H) The ability of the entity carrying out the
proposed project to construct a renewable fuel pipeline
to complete such proposed project in a timely manner.
``(I) The ability of the entity carrying out the
proposed project to construct a renewable fuel pipeline
to secure property rights-of-way.
``(J) Other criteria the Secretary determines
appropriate for consideration.''.
(e) Authorization of Appropriations.--Section 1704 of the Energy
Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end
the following:
``(c) Sense of Congress.--It is the sense of Congress that there
should be appropriated such sums as may be necessary to provide
$4,000,000,000 in guarantees under this title for projects described in
section 1703(f).''.
SEC. 4. FINAL RULE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Energy shall publish in the Federal Register a final
rule for carrying out a guarantee program for the construction of
renewable fuel pipelines under title XVII of the Energy Policy Act of
2005 in accordance with the amendments made by this Act or shall modify
rules and regulations currently applicable to the guarantee program
under such title in accordance with the amendments made by this Act. | Renewable Fuel Pipelines Act of 2008 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel.
Allows a maximum guarantee by the Secretary of Energy of 90% of the project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%).
Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities.
Expresses the sense of Congress concerning appropriations for such guarantees.
Directs the Secretary to publish a final rule for carrying out the loan guarantee program (or modify existing applicable rules and regulations in accordance with this Act). | {"src": "billsum_train", "title": "To amend the Energy Policy Act of 2005 to provide loan guarantees for projects to construct renewable fuel pipelines, and for other purposes."} | 1,340 | 191 | 0.519909 | 1.493496 | 0.784362 | 2.02924 | 7.099415 | 0.847953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mutual Fund Transparency Act of
2009''.
SEC. 2. DISCLOSURE OF FINANCIAL RELATIONSHIPS BETWEEN BROKERS AND
DEALERS AND MUTUAL FUND COMPANIES.
(a) In General.--Section 15(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following:
``(13) Confirmation of transactions for mutual funds.--
``(A) In general.--Each broker and dealer shall
disclose in writing to customers that purchase the
shares of any open-end or closed-end company registered
under section 8 of the Investment Company Act of 1940
(15 U.S.C. 80a-8) or any interest in a unit investment
trust or municipal securities registered under this
title used for education savings plans--
``(i) the amount of any compensation
received or to be received by the broker or
dealer in connection with such transaction from
any sources; and
``(ii) such other information as the
Commission determines appropriate.
``(B) Revenue sharing.--The term `compensation'
under subparagraph (A) includes any direct or indirect
payment made by an investment adviser (or any affiliate
of an investment adviser) to a broker or dealer for the
purpose of promoting the sales of securities of an
entity described in subparagraph (A), and payments made
by an underwriter of the fund to a broker or dealer.
``(C) Timing of disclosure.--The disclosure
required under subparagraph (A) shall be provided or
sent to a customer not later than the date of the
completion of the transaction.
``(D) Limitation.--The disclosures required under
subparagraph (A) may not be made exclusively in--
``(i) a registration statement or
prospectus of an entity described in
subparagraph (A); or
``(ii) any other filing of an entity
described in subparagraph (A) with the
Commission.
``(E) Commission authority.--
``(i) In general.--The Commission shall
issue such final rules or regulations as are
necessary to carry out this paragraph, not
later than 1 year after the date of enactment
of the Mutual Fund Transparency Act of 2009.
``(ii) Form of disclosure.--Disclosures
under this paragraph shall be in such form as
the Commission shall require by rule.
``(F) Definitions.--In this paragraph--
``(i) the terms `open-end company' and
`closed-end company' have the same meanings as
in section 5 of the Investment Company Act of
1940 (15 U.S.C. 80a-5);
``(ii) the term `unit investment trust' has
the same meaning as in section 4 of the
Investment Company Act of 1940 (15 U.S.C. 80a-
4); and
``(iii) the term `education savings plan'
means a qualified tuition program described in
section 529(b)(1)(A)(ii) of the Internal
Revenue Code of 1986.''.
(b) Disclosure of Brokerage Commissions.--Section 30 of the
Investment Company Act of 1940 (15 U.S.C. 80a-29) is amended by adding
at the end the following:
``(k) Disclosure of Brokerage Commissions.--The Commission, by
rule, shall require that brokerage commissions as an aggregate dollar
amount and percentage of assets paid by an open-end or closed-end
company or a unit investment trust or issuer of municipal securities
during the 5-year period preceding the date of the transaction be
included in any disclosure of the amount of fees and expenses that may
be payable by the holder of the securities of such company for purposes
of--
``(1) the registration statement of that company; and
``(2) any other filing of that company with the Commission,
including the calculation of expense ratios.''.
SEC. 3. MUTUAL FUND GOVERNANCE.
(a) Independent Fund Boards.--Section 10(a) of the Investment
Company Act of 1940 (15 U.S.C. 80a-10(a)) is amended--
(1) by striking ``shall have'' and inserting the following:
``shall--
``(1) have'';
(2) by striking ``60 per centum'' and inserting ``25
percent'';
(3) by striking the period at the end and inserting a
semicolon; and
(4) by adding at the end the following:
``(2) have as chairman of its board of directors an
interested person of such registered company; or
``(3) permit any person (other than an interested person,
as described in paragraph (1)) to serve as a member of its
board of directors, unless that person--
``(A) is approved or elected by the shareholders of
such registered investment company at least once every
5 years; and
``(B) has been found, on an annual basis, by a
majority of the directors who are not interested
persons, after reasonable inquiry by such directors,
not to have any material business or familial
relationship with the registered company, a significant
service provider to the company, or any entity
controlling, controlled by, or under common control
with such service provider, that could reasonably be
interpreted as a conflict of interest or cast doubt on
the independence of the director.''.
(b) Action by Independent Directors.--Section 10 of the Investment
Company Act of 1940 (15 U.S.C. 80a-10) is amended by adding at the end
the following:
``(i) Action by Board of Directors.--No action taken by the board
of directors of a registered investment company may require the vote of
a director who is an interested person of such registered investment
company.
``(j) Independent Committee.--
``(1) In general.--The members of the board of directors of
a registered investment company who are not interested persons
of such registered investment company shall establish a
committee comprised solely of such members, which committee
shall be responsible for--
``(A) selecting persons to be nominated for
election to the board of directors; and
``(B) adopting qualification standards for the
nomination of directors.
``(2) Disclosure.--The standards developed under paragraph
(1)(B) shall be disclosed in the registration statement of the
registered investment company.''.
(c) Definition of Interested Person.--Section 2(a)(19) of the
Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(19)) is amended--
(1) in subparagraph (A)--
(A) in clause (iv), by striking ``two'' and
inserting ``5''; and
(B) by striking clause (vii) and inserting the
following:
``(vii) any natural person who has served
as an officer or director, or as an employee
within the preceding 10 fiscal years, of an
investment adviser or principal underwriter to
such registered investment company, or of any
entity controlling, controlled by, or under
common control with such investment adviser or
principal underwriter;
``(viii) any natural person who has served
as an officer or director, or as an employee
within the preceding 10 fiscal years, of any
entity that has within the preceding 5 fiscal
years acted as a significant service provider
to such registered investment company, or of
any entity controlling, controlled by, or under
the common control with such service provider;
``(ix) any natural person who is a member
of a class of persons that the Commission, by
rule or regulation, determines is unlikely to
exercise an appropriate degree of independence
as a result of--
``(I) a material business or
professional relationship with the
investment company or an affiliated
person of such investment company;
``(II) a close familial
relationship with any natural person
who is an affiliated person of such
investment company; or
``(III) any other reason determined
by the Commission:''; and
(2) in subparagraph (B)--
(A) in clause (iv), by striking ``two'' and
inserting ``5''; and
(B) by striking clause (vii) and inserting the
following:
``(vii) any natural person who is a member
of a class of persons that the Commission, by
rule or regulation, determines is unlikely to
exercise an appropriate degree of independence
as a result of--
``(I) a material business or
professional relationship with such
investment adviser or principal
underwriter or affiliated person of
such investment adviser or principal
underwriter;
``(II) a close familial
relationship with any natural person
who is an affiliated person of such
investment adviser or principal
underwriter; or
``(III) any other reason, as
determined by the Commission.''.
(d) Definition of Significant Service Provider.--Section 2(a) of
the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended by
adding at the end the following:
``(54) Significant service provider.--
``(A) In general.--Not later than 270 days after
the date of enactment of the Mutual Fund Transparency
Act of 2009, the Commission shall issue final rules
defining the term `significant service provider'.
``(B) Requirements.--The definition developed under
paragraph (1) shall include, at a minimum, the
investment adviser and principal underwriter of a
registered investment company for purposes of paragraph
(19).''.
SEC. 4. FINANCIAL LITERACY AMONG MUTUAL FUND INVESTORS STUDY.
(a) In General.--The Securities and Exchange Commission shall
conduct a study to identify--
(1) the existing level of financial literacy among
investors that purchase shares of open-end companies, as that
term is defined under section 5 of the Investment Company Act
of 1940, that are registered under section 8 of that Act;
(2) the most useful and understandable relevant information
that investors need to make sound financial decisions prior to
purchasing such shares;
(3) methods to increase the transparency of expenses and
potential conflicts of interest in transactions involving the
shares of open-end companies;
(4) the existing private and public efforts to educate
investors; and
(5) a strategy to increase the financial literacy of
investors that results in a positive change in investor
behavior.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Securities and Exchange Commission shall submit a report
on the study required under subsection (a) to--
(1) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(2) the Committee on Financial Services of the House of
Representatives.
SEC. 5. STUDY REGARDING MUTUAL FUND ADVERTISING.
(a) In General.--The Comptroller General of the United States shall
conduct a study on mutual fund advertising to identify--
(1) existing and proposed regulatory requirements for open-
end investment company advertisements;
(2) current marketing practices for the sale of open-end
investment company shares, including the use of unsustainable
past performance data, funds that have merged, and incubator
funds;
(3) the impact of such advertising on consumers; and
(4) recommendations to improve investor protections in
mutual fund advertising and additional information necessary to
ensure that investors can make informed financial decisions
when purchasing shares.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report on the results of the study conducted under subsection (a) to--
(1) the Committee on Banking, Housing, and Urban Affairs of
the United States Senate; and
(2) the Committee on Financial Services of the House of
Representatives.
SEC. 6. POINT-OF-SALE DISCLOSURE.
(a) In General.--Section 15(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78o(b)), as amended by section 2 of this Act, is
amended by adding at the end the following:
``(14) Broker and dealer disclosures in mutual fund
transactions.--
``(A) In general.--Each broker and dealer shall
disclose in writing to each person that purchases the
shares of an open-end or closed-end company registered
under section 8 of the Investment Company Act of 1940
(15 U.S.C. 80a-8) or any interest in a unit investment
trust or municipal securities registered under this
title--
``(i) the source and amount, in dollars and
as a percentage of assets, of any compensation
received or to be received by the broker or
dealer in connection with such transaction from
any sources;
``(ii) the amount, in dollars and as a
percentage of assets, of compensation received
in connection with transactions in shares of
other investment company shares offered by the
broker or dealer, if materially different from
the amount under clause (i);
``(iii) comparative information that shows
the average amount received by brokers and
dealers in connection with comparable
transactions, as determined by the Commission;
and
``(iv) such other information as the
Commission determines appropriate.
``(B) Revenue sharing.--The term `compensation'
under subparagraph (A) shall include any direct or
indirect payment made by an investment adviser (or any
affiliate of an investment adviser) to a broker or
dealer for the purpose of promoting the sales of
securities of a registered investment company.
``(C) Timing of disclosure.--The disclosures
required under subparagraph (A) shall be made to permit
the person purchasing the shares to evaluate such
disclosures before deciding to engage in the
transaction.
``(D) Limitation.--The disclosures required under
subparagraph (A) may not be made exclusively in--
``(i) a registration statement or
prospectus of a registered investment company;
or
``(ii) any other filing of a registered
investment company with the Commission.
``(E) Commission authority.--The Commission shall
promulgate such final rules as are necessary to carry
out this paragraph not later than 1 year after the date
of enactment of the Mutual Fund Transparency Act of
2009.''.
(b) Fiduciary Duties.--Section 15 of the Securities Exchange Act of
1934 (15 U.S.C. 78o) is amended by adding at the end the following new
subsection:
``(k) Standard of Care.--Notwithstanding any other provision of
this title or the Investment Advisers Act of 1940, the Commission shall
promulgate rules, not later than 1 year after the date of enactment of
the Mutual Fund Transparency Act of 2009 to provide that the standard
of care for all brokers and dealers in providing investment advice
about securities to retail customers or clients (and such other
customers or clients as the Commission may by rule provide) shall be
the fiduciary duty established under the Investment Advisers Act of
1940, including, without limitation, the duty to act solely in the best
interest of the customer or client, without regard to the financial or
other interest of the broker or dealer providing the advice.''. | Mutual Fund Transparency Act of 2009 - Amends the Securities Exchange Act of 1934 and the Investment Company Act of 1940 to require brokers and dealers of mutual funds to disclose in writing the related commissions they receive to purchasers of shares of any registered open-end or closed-end company or any interest in a registered unit investment trust or municipal securities used for education savings plans.
Amends the Investment Company Act of 1940 to: (1) reduce from 60% to 25% the membership of the board of directors of a mutual fund that may be composed of "interested persons"; (2) prohibit such board from having an interested person as chairman; (3) prohibit requiring the vote of a director who is an "interested person" of the mutual company; and (4) require a mutual fund company to have a committee composed solely of "non-interested persons" responsible for selecting nominees for election to the board and for adopting qualification standards for such nominations.
Requires the Securities and Exchange Commission (SEC) to issue final rules: (1) redefining the term "significant service provider" to include the investment adviser and principal underwriter of a mutual fund; and (2) declaring that brokers and dealers have a certain fiduciary duty in providing investment advice to retail clients, including the duty to act solely in the best interest of the client without regard to the financial or other interest of the broker or dealer.
Requires the SEC to study and report to certain congressional committees on designated topics, including: (1) the level of financial literacy among purchasers of open-end companies; (2) information that investors need to make sound financial decisions prior to share purchases; and (3) methods to increase transparency of expenses and potential conflicts of interest in transactions involving shares of open-end companies.
Directs the Comptroller General to study and report to certain congressional committees on mutual fund advertising, including: (1) current marketing sales practices, especially the use of unsustainable past performance data; and (2) recommendations to improve investor protections in mutual fund advertising. | {"src": "billsum_train", "title": "A bill to require disclosure of financial relationships between brokers and dealers and mutual fund companies, and of certain commissions paid by mutual fund companies."} | 3,359 | 431 | 0.541127 | 1.83495 | 0.716651 | 3.28536 | 7.709677 | 0.888337 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Protection and
Improvement Act of 2004''.
SEC. 2. CHANGES TO RULES FOR REDISTRIBUTION AND EXTENDED AVAILABILITY
OF 1998 THROUGH 2004 SCHIP ALLOTMENTS.
Section 2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)),
as amended by Public Law 108-74 (117 Stat. 892), is amended--
(1) in the subsection heading by striking ``, 1999, 2000,
and 2001'' and inserting ``Through 2004''; and
(2) in paragraph (1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by inserting ``or for fiscal
year 2002 by the end of fiscal year
2004, or for fiscal year 2003 by the
end of fiscal year 2005, or for fiscal
year 2004 by the end of fiscal year
2006,'' after ``fiscal year 2003,'';
and
(II) by striking ``or 2001'' and
inserting ``2001, 2002, 2003, or
2004'';
(ii) in clause (i)--
(I) in subclause (III), by striking
``or'' at the end;
(II) in subclause (IV), by striking
the period at the end and inserting a
semicolon; and
(III) by adding at the end the
following:
``(V) the fiscal year 2002
allotment, the amount specified in
subparagraph (E)(i) (less the total of
the amounts under clause (ii) for such
fiscal year), multiplied by the ratio
of the amount specified in subparagraph
(E)(ii) for the State to the amount
specified in subparagraph (E)(iii);
``(VI) the fiscal year 2003
allotment, the amount specified in
subparagraph (F)(i) (less the total of
the amounts under clause (ii) for such
fiscal year), multiplied by the ratio
of the amount specified in subparagraph
(F)(ii) for the State to the amount
specified in subparagraph (F)(iii); or
``(VII) the fiscal year 2004
allotment, the amount specified in
subparagraph (G)(i) (less the total of
the amounts under clause (ii) for such
fiscal year), multiplied by the ratio
of the amount specified in subparagraph
(G)(ii) for the State to the amount
specified in subparagraph (G)(iii).'';
and
(iii) in clause (ii), by striking ``or
2001'' and inserting ``2001, 2002, 2003, or
2004'';
(B) in subparagraph (B)--
(i) in clause (ii), by inserting ``but
subject to paragraph (4)'' after ``subsection
(e)'';
(ii) in clause (iii)--
(I) by inserting ``but subject to
paragraph (4)'' after ``subsection
(e)''; and
(II) by striking ``and'' at the
end;
(iii) by redesignating clause (iv) as
clause (vii); and
(iv) by inserting after clause (iii), the
following:
``(iv) notwithstanding subsection (e) but
subject to paragraph (4), with respect to
fiscal year 2002, shall remain available for
expenditure by the State through the end of
fiscal year 2006;
``(v) notwithstanding subsection (e), with
respect to fiscal year 2003, shall remain
available for expenditure by the State through
the end of fiscal year 2007; and
``(vi) with respect to fiscal year 2004,
subsection (e) shall apply; and''; and
(C) by adding at the end the following:
``(E) Amounts used in computing redistributions for
fiscal year 2002.--For purposes of subparagraph
(A)(i)(V)--
``(i) the amount specified in this clause
is the amount specified in paragraph
(2)(B)(i)(I) for fiscal year 2002, less the
total amount remaining available pursuant to
paragraph (2)(A)(v);
``(ii) the amount specified in this clause
for a State is the amount by which the State's
expenditures under this title in fiscal years
2002, 2003, and 2004 exceed the State's
allotment for fiscal year 2002 under subsection
(b); and
``(iii) the amount specified in this clause
is the sum, for all States entitled to a
redistribution under subparagraph (A) from the
allotments for fiscal year 2002, of the amounts
specified in clause (ii).
``(F) Amounts used in computing redistributions for
fiscal year 2003.--For purposes of subparagraph
(A)(i)(VI)--
``(i) the amount specified in this clause
is the amount specified in paragraph
(2)(B)(i)(I) for fiscal year 2003, less the
total amount remaining available pursuant to
paragraph (2)(A)(vi);
``(ii) the amount specified in this clause
for a State is the amount by which the State's
expenditures under this title in fiscal years
2003, 2004, and 2005 exceed the State's
allotment for fiscal year 2003 under subsection
(b); and
``(iii) the amount specified in this clause
is the sum, for all States entitled to a
redistribution under subparagraph (A) from the
allotments for fiscal year 2003, of the amounts
specified in clause (ii).
``(G) Amounts used in computing redistributions for
fiscal year 2004.--For purposes of subparagraph
(A)(i)(VII)--
``(i) the amount specified in this clause
is the amount specified in paragraph
(2)(B)(i)(I) for fiscal year 2004, less the
total amount remaining available pursuant to
paragraph (2)(A)(vii);
``(ii) the amount specified in this clause
for a State is the amount by which the State's
expenditures under this title in fiscal years
2004, 2005, and 2006 exceed the State's
allotment for fiscal year 2004 under subsection
(b); and
``(iii) the amount specified in this clause
is the sum, for all States entitled to a
redistribution under subparagraph (A) from the
allotments for fiscal year 2004, of the amounts
specified in clause (ii).'';
(3) in paragraph (2)--
(A) in the paragraph heading by striking ``2001''
and inserting ``2004''; and
(B) in subparagraph (A)--
(i) in clause (i), by striking ``Of'' and
inserting ``Subject to paragraph (4), of'';
(ii) in clause (ii), by striking ``Of'' and
inserting ``Subject to paragraph (4), of'';
(iii) in clause (iii), by striking ``Of''
and inserting ``Subject to paragraph (4), of'';
(iv) in clause (iv), by striking ``Of'' and
inserting ``Subject to paragraph (4), of''; and
(v) by adding at the end the following:
``(v) Fiscal year 2002 allotment.--Subject
to paragraph (4), of the amounts allotted to a
State pursuant to this section for fiscal year
2002 that were not expended by the State by the
end of fiscal year 2004, 50 percent of that
amount shall remain available for expenditure
by the State through the end of fiscal year
2006.
``(vi) Fiscal year 2003 allotment.--Of the
amounts allotted to a State pursuant to this
section for fiscal year 2001 that were not
expended by the State by the end of fiscal year
2005, 50 percent of that amount shall remain
available for expenditure by the State through
the end of fiscal year 2007.
``(vii) Fiscal year 2004 allotment.--Of the
amounts allotted to a State pursuant to this
section for fiscal year 2004 that were not
expended by the State by the end of fiscal year
2006, 50 percent of that amount shall remain
available for expenditure by the State through
the end of fiscal year 2007.'';
(4) in paragraph (3)--
(A) by striking ``or fiscal year 2001'' and
inserting ``fiscal year 2001, fiscal year 2002, fiscal
year 2003, or fiscal year 2004,''; and
(B) by striking ``or November 30, 2003,'' and
inserting ``November 30, 2003, November 30, 2004,
November 30, 2005, or November 30, 2006,''; and
(5) by adding at the end the following:
``(4) Additional extended availability of fiscal years 1998
through 2002 allotments.--
``(A) Fiscal year 1998, 1999, and 2000
allotments.--With respect to any amounts allotted to a
State pursuant to this section for fiscal years 1998,
1999, or 2000 that were redistributed to a State under
paragraph (1), or whose availability to a State was
extended through the end of fiscal year 2004 under
paragraph (2), that were not expended by the State by
the end of fiscal year 2004, the following rules shall
apply:
``(i) 30 percent of such amounts shall
remain available for expenditure by the State
through the end of fiscal year 2007.
``(ii) The remainder of such amounts shall
be redistributed to States that have fully
expended the amount of their fiscal year 2002
allotments under this section in the same ratio
as unexpended fiscal year 2002 allotments are
redistributed under paragraph (1)(A)(i)(V) to
such States and the amounts redistributed under
this clause shall remain available for
expenditure through the end of fiscal year
2007.
``(B) Fiscal year 2001 allotments.--With respect to
any amounts allotted to a State pursuant to this
section for fiscal year 2001 that were redistributed to
a State under paragraph (1), or whose availability to a
State was extended through the end of fiscal year 2005
under paragraph (2), that were not expended by the
State by the end of fiscal year 2005, the following
rules shall apply:
``(i) 30 percent of such amounts shall
remain available for expenditure by the State
through the end of fiscal year 2007.
``(ii) The remainder of such amounts shall
be redistributed to States that have fully
expended the amount of their fiscal year 2003
allotments in the same ratio as unexpended
fiscal year 2003 allotments are redistributed
under paragraph (1)(A)(i)(VI) to such States
and the amounts redistributed under this clause
shall remain available for expenditure through
the end of fiscal year 2007.
``(C) Fiscal year 2002 allotments.--With respect to
any amounts allotted to a State pursuant to this
section for fiscal year 2002 that were redistributed to
a State under paragraph (1), or whose availability to a
State was extended through the end of fiscal year 2006
under paragraph (2), that were not expended by the
State by the end of such fiscal year, the following
rules shall apply:
``(i) 30 percent of those amounts shall
remain available for expenditure by the State
through the end of fiscal year 2007.
``(ii) The remainder of such amounts shall
be redistributed to States that have fully
expended the amount of their fiscal year 2004
allotments in the same ratio as unexpended
fiscal year 2004 allotments are redistributed
under paragraph (1)(A)(i)(VII) to such States
and the amounts redistributed under this clause
shall remain available for expenditure through
the end of fiscal year 2007.''.
SEC. 3. CONTINUED AUTHORITY FOR QUALIFYING STATES TO USE CERTAIN FUNDS
FOR MEDICAID EXPENDITURES.
Section 2105(g)(1)(A) of the Social Security Act (42 U.S.C.
1397ee(g)(1)(A)), as added by Public Law 108-74 (117 Stat. 895) and
amended by Public Law 108-127 (117 Stat. 134), is amended by striking
``or 2001'' and inserting ``2001, 2002, 2003 or 2004''. | Children's Health Protection and Improvement Act of 2004 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to revise the extended availability through FY 2004 of SCHIP allotments for FY 1998 through 2001.
Specifies formulae for amounts to be used in computing redistributions for FY 2003, 2003, and 2004. Provides for reallocation of 70 percent of the expiring FY 1998, 1999, and 2000 funds to States that have fully expended their annual allotments. Extends the availability of the remaining 30 percent of such expiring funds with the States that currently have them.
Permits 50 percent of the total amount of a State's unexpended FY 2002 SCHIP allotments to remain available through FY 2006. Permits 50 percent of the total amount of a State's unexpended FY 2003 and 2004 SCHIP allotments to remain available through the end of FY 2007. Requires redistribution of the other 50 percent of such funds to States that have fully spent their allotments during the three-year period they were available.
Requires a second redistribution according to the same 70-30 formula of any retained or redistributed funds still unexpended at the end of the two-year extention or redistribution.
Provides for continued authority for qualifying States to use certain funds for Medicaid expenditures. | {"src": "billsum_train", "title": "To amend title XXI of the Social Security Act to modify the rules relating to the availability and method of redistribution of unexpended SCHIP allotments, and for other purposes."} | 2,810 | 325 | 0.55457 | 1.672602 | 0.719008 | 2.35102 | 10.212245 | 0.82449 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Credit Liquidity Act
of 2003''.
SEC. 2. PILOT PROGRAM FOR GUARANTEES ON POOLS OF NON-SBA LOANS.
Title IV of the Small Business Investment Act of 1958 (15 U.S.C.
692 et seq.) is amended by adding at the end the following:
``Part C--Credit Enhancement Guarantees
``Sec. 420. (a)(1) The Administration is authorized, upon such
terms and conditions as it may prescribe, in order to encourage lenders
to increase the availability of small business financing by improving
such lenders' access to reasonable sources of funding, to provide a
credit enhancement guarantee, or commitment to guarantee, of the timely
payment of a portion of the principal and interest on securities issued
and managed by not less than 2 qualified entities authorized and
approved by the Administration.
``(2) The entities authorized under this subsection to act as
issuers and managers of pools or trusts of loans shall be well-
capitalized, as defined by the Administration, and shall maintain
sufficient reserves to allow securities to be issued representing
interests in each pool or trust that are rated as investment grade by a
nationally-recognized rating agency.
``(3) The authority of the entities authorized under this
subsection shall be reviewed annually by the Administration and may be
renewed upon the satisfactory completion of such review.
``(4) The Administration shall set and maintain standards for
entities authorized under this subsection, including standards relating
to delinquency, default, liquidation, and loss rates.
``(5) If an entity authorized under this subsection fails to meet
the standards set pursuant to paragraph (4), the Administration may
terminate the entity's participation in the pilot program under this
subsection.
``(b)(1)(A) The Administration may provide its credit enhancement
guarantees in respect of securities that represent interests in, or
other obligations issued by, a trust, pool, or other entity whose
assets (other than the Administration's credit enhancement guarantee
and credit enhancements provided by other parties) consist of loans
made to small business concerns.
``(B) As used in this paragraph, the term `small business concern'
has the meaning given that term in either the Small Business Act (15
U.S.C. 631 et seq.) or this Act (15 U.S.C. 661 et seq.).
``(2) The credit enhancement guarantees provided by the
Administration under paragraph (1) shall be second-loss guarantees that
are only available after the full payment of credit enhancement
guarantees offered by the entities authorized to act as issuers and
managers of pools or trusts of loans under this section.
``(3) A pool or trust of loans shall not be eligible for guarantees
under this section--
``(A) if the value of such loans exceeds $350,000,000 in
fiscal year 2004;
``(B) if the value of such loans exceeds $400,000,000 in
fiscal year 2005; or
``(C) if the value of such loans exceeds $450,000,000 in
fiscal year 2006.
``(4) All loans under paragraph (1) shall be originated, purchased,
or assembled and managed consistent with requirements prescribed by the
Administration in connection with this credit enhancement guarantee
program.
``(5) The Administration shall prescribe requirements to be
observed by the issuers and managers of the securities covered by
credit enhancement guarantees to ensure the safety and soundness of the
credit enhancement guarantee program.
``(c) The full faith and credit of the United States is pledged to
the payment of all amounts the Administration may be required to pay as
a result of credit enhancement guarantees under this section.
``(d)(1) The Administration may issue credit enhancement guarantees
in an amount--
``(A) not to exceed $2,100,000,000 in fiscal year 2004;
``(B) not to exceed $3,250,000,000 in fiscal year 2005; and
``(C) not to exceed $4,500,000,000 in fiscal year 2006.
``(2) The Administration shall set the percentage and priority of
each credit enhancement guarantee on issued securities at a level not
to exceed 25 percent of the value of the securities so that the amount
of the Administration's anticipated net loss (if any) as a result of
such guarantee is fully reserved in a credit subsidy account funded
wholly by fees collected by the Administration from the issuers or
managers of the pool or trust.
``(3) The Administration shall charge and collect a fee from the
issuer based on the Administration's guaranteed amount of issued
securities, and the amount of such fee shall equal the estimated credit
subsidy cost of the Administration's credit enhancement guarantee.
``(4) The fees provided for under this subsection shall be adjusted
annually, as necessary, by the Administration.
``(5) The Federal government shall not appropriate any funds to
finance credit enhancement guarantees under this section.
``(e) Report and Analysis.--
``(1) Report.--
``(A) In general.--During the development and
implementation of the pilot program, the Administrator
shall submit a report on the status of the pilot
program under this section to Congress in each annual
budget request and performance plan.
``(B) Contents.--The report submitted under
subparagraph (A) shall include, among other items,
information about the loans in the pools or trusts,
including delinquency, default, loss, and recovery
rates.
``(2) Analysis and report.--Not later than December 30,
2005, the Comptroller General shall--
``(A) conduct an analysis of the pilot program
under this section; and
``(B) submit a report to Congress that contains a
summary of the analysis conducted under subparagraph
(A) and a description of any effects, not attributable
to other causes, of the pilot program on the lending
programs under section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) and title V of this Act.
``(3) Implementation.--
``(A) Report.--After completing operational
guidelines to carry out the pilot program under this
section, the Administration shall submit a report,
which describes the method in which the pilot program
will be implemented, to--
``(i) the Committee on Small Business and
Entrepreneurship of the Senate; and
``(ii) the Committee on Small Business of
the House of Representatives.
``(B) Timing.--The Administration shall not
implement the pilot program under this section until
the date that is 50 days after the report has been
submitted under subparagraph (A).
``(f) Sunset Provision.--This section shall remain in effect until
September 30, 2006.''. | Small Business Credit Liquidity Act of 2003 - Amends the Small Business Investment Act of 1958 to authorize the Small Business Administration (SBA), in order to encourage lenders to increase the availability of small business financing by improving lender access to reasonable funding sources, to provide a credit enhancement guarantee of, or a commitment to guarantee, a portion of the principal and interest on securities issued and managed by not less than two qualified entities authorized and approved by the SBA. Requires the SBA to set and maintain standards for qualified entities, including standards relating to delinquency, default, liquidation, and loss rates.
Makes the SBA's credit enhancement guarantees second-loss guarantees, available only after the full payment of guarantees offered by the qualified entities authorized to act as issuers and managers of pools or trusts of loans. Provides loan pool or trust requirements and credit enhancement limits for FY 2004 through 2006. Directs the SBA to charge and collect a fee from issuers based on the SBA's guaranteed amount of issued securities. | {"src": "billsum_train", "title": "A bill to amend title IV of the Small Business Investment Act of 1958, relating to a pilot program for credit enhancement guarantees on pools of non-SBA loans."} | 1,444 | 227 | 0.647131 | 1.830842 | 0.844067 | 4.510417 | 7.291667 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom from Over-Criminalization
and Unjust Seizures Act of 2012''.
SEC. 2. CRIMINAL PENALTIES.
(a) Prohibited Acts.--Section 3(a) of the Lacey Act Amendments of
1981 (16 U.S.C. 3372(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``or in
violation of any foreign law''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``, or any
foreign law,'';
(ii) in clause (ii), by striking ``or any
foreign law''; and
(iii) in clause (iii), by striking ``, or
under any foreign law,''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``foreign law
or''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``, or any
foreign law,'';
(ii) in clause (ii), by striking ``or any
foreign law''; and
(iii) in clause (iii), by striking ``, or
under any foreign law,''.
(b) Penalties.--Section 4 of the Lacey Act Amendments of 1981 (16
U.S.C. 3373) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) Assessment.--
``(A) In general.--Any person who engages in
conduct prohibited by any provision of this Act (other
than subsections (b), (d), and (f) of section 3) and in
the exercise of due care should know that the fish,
wildlife, or plants were taken, possessed, transported,
or sold in violation of, or in a manner unlawful under,
any underlying law, treaty, or regulation, and any
person who knowingly violates subsection (d) or (f) of
section 3, may be assessed a civil penalty by the
Secretary for each violation in accordance with
subparagraph (B) or (C), as applicable.
``(B) Market value of less than $350.--If a
violation under subparagraph (A) involves fish or
wildlife or plants with a market value of less than
$350 and involves only the transportation, acquisition,
or receipt of fish, wildlife, or plants taken or
possessed in violation of any law, treaty, or
regulation of the United States, tribal law, or any law
or regulation of a State, the penalty assessed under
subparagraph (A) for the violation shall not exceed the
lesser of--
``(i) the maximum amount of the penalty
provided for violation of the law or
regulation; or
``(ii) $10,000.
``(C) Other violations.--For any violation under
subparagraph (A) that is not described in subparagraph
(B), the penalty assessed under that subparagraph shall
not exceed $200,000.''; and
(2) by striking subsections (d) and (e).
(c) Forfeiture.--Section 5 of the Lacey Act Amendments of 1981 (16
U.S.C. 3374) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--All fish, wildlife, or plants imported,
exported, transported, sold, received, acquired, or purchased in
violation of section 3 (other than subsection (b) of that section), or
any regulation issued under that section, shall be subject to
forfeiture to the United States notwithstanding any culpability
requirements for civil penalty assessment under section 4.'';
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(3) in subsection (b) (as redesignated), by striking
``convicted of an offense, or assessed a civil penalty,'' and
inserting ``assessed a civil penalty''.
(d) Enforcement.--
(1) In general.--Section 6 of the Lacey Act Amendments of
1981 (16 U.S.C. 3375) is amended--
(A) by striking subsection (b);
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively;
(C) in subsection (b) (as redesignated), by
striking the third sentence; and
(D) in the first sentence of subsection (c) (as
redesignated)--
(i) by striking ``an arrest, a criminal
conviction, civil penalty assessment, or
forfeiture of property'' and inserting ``a
civil penalty assessment or forfeiture of
property''; and
(ii) by striking ``or criminal''.
(2) Conforming amendments.--
(A) Section 3(c)(3) of the Fish and Wildlife
Improvement Act of 1978 (16 U.S.C. 742l(c)(3)) is
amended by striking ``section 6(d) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting
``section 6(c) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(c))''.
(B) Section 503(b) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1423b(b)) is amended--
(i) by striking the subsection designation
and heading and all that follows through ``The
Secretary may utilize'' in paragraph (1) and
inserting the following:
``(b) Utilization of Other Government Resources and Authorities.--
The Secretary may utilize''; and
(ii) by striking paragraph (2).
(C) Section 11(d) of the Endangered Species Act of
1973 (16 U.S.C. 1540(d)) is amended in the fourth
sentence by striking ``section 6(d) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting
``section 6(c) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(c))''.
(D) Section 7(f) of the Rhinoceros and Tiger
Conservation Act (16 U.S.C. 5305a(f)) is amended by
striking ``section 6(d) of the Lacey Act Amendments of
1981 (16 U.S.C. 3375(d))'' and inserting ``section 6(c)
of the Lacey Act Amendments of 1981 (16 U.S.C.
3375(c))''.
(E) Section 524(c)(4)(A) of title 28, United States
Code, is amended by striking ``section 6(d) of the
Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))'' and
inserting ``section 6(c) of the Lacey Act Amendments of
1981 (16 U.S.C. 3375(c))''.
(F) Section 1402(b)(1)(A)(ii) of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)(ii)) is
amended by striking ``section 6(d) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375(d))'' and inserting
``section 6(c) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(c))''.
(e) Exceptions.--Section 8 of the Lacey Act Amendments of 1981 (16
U.S.C. 3377) is amended by striking subsection (b) and inserting the
following:
``(b) Activities Regulated by Tuna Convention Acts.--Paragraphs
(1), (2)(A), and (3)(A) of subsection 3(a) shall not apply to any
activity regulated by the Tuna Conventions Act of 1950 (16 U.S.C. 951
et seq.) or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et
seq.).''. | Freedom from Over-Criminalization and Unjust Seizures Act of 2012 - Amends the Lacey Act Amendments of 1981 to repeal the prohibition on importing, exporting, transporting, selling, receiving, acquiring, or purchasing in interstate or foreign commerce: (1) fish or wildlife taken, possessed, transported, or sold in violation of foreign law; or (2) plants taken, possessed, transported, or sold in violation of foreign law, without the payment of appropriate royalties, taxes, or stumpage fees required by foreign law, or in violation of any limitation under foreign law that governs the export or transshipment of plants. Repeals the prohibition on possessing such fish, wildlife, or plants within the special maritime and territorial jurisdiction of the United States.
Establishes a $200,000 maximum limit on a civil penalty for a knowing violation of such Act that involves fish, wildlife, or plants with a market value of $350 or more.
Repeals: (1) criminal penalties under such Act, and (2) the authorization to suspend, modify, or cancel specified licenses or permits issued to any person who is convicted of a criminal violation of such Act. | {"src": "billsum_train", "title": "A bill to amend the Lacey Act Amendments of 1981 to repeal certain provisions relating to criminal penalties and violations of foreign laws, and for other purposes."} | 1,906 | 252 | 0.578345 | 1.679041 | 0.776782 | 2.31982 | 7.094595 | 0.77027 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Landmine Moratorium Extension Act of
1993''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Anti-personnel landmines, which are designed to maim
and kill people, have been used indiscriminately in
dramatically increasing numbers around the world. Hundreds of
thousands of noncombatant civilians, including children, have
been the primary victims. Unlike other military weapons,
landmines often remain implanted and undiscovered after
conflict has ended, causing massive suffering to civilian
populations.
(2) Tens of millions of landmines have been strewn in at
least 62 countries, often making whole areas uninhabitable. The
Department of State estimates there are more than 10,000,000
landmines in Afghanistan, 9,000,000 in Angola, 4,000,000 in
Cambodia, 3,000,000 in Iraqi Kurdistan, and 2,000,000 each in
Somalia, Mozambique, and the former Yugoslavia. Hundreds of
thousands of landmines were used in conflicts in Central
America in the 1980's.
(3) Advanced technologies are being used to manufacture
sophisticated mines which can be scattered remotely at a rate
of 1,000 per hour. These mines, which are being produced by
many industrialized countries, were discovered in Iraqi
arsenals after the Persian Gulf conflict.
(4) At least 300 types of anti-personnel landmines have
been manufactured by at least 44 countries, including the
United States. However, the United States is not a major
exporter of landmines. During the past 10 years the Executive
branch has approved 10 licenses for the commercial export of
anti-personnel landmines with a total value of $980,000 and has
approved the sale under the Foreign Military Sales program of
109,129 anti-personnel landmines.
(5) The United States signed, but has not ratified, the
1980 Convention on Prohibitions or Restrictions on the Use of
Certain Conventional Weapons Which May Be Deemed To Be
Excessively Injurious or To Have Indiscriminate Effects
(hereinafter in this Act referred to as the ``1980
Convention''). Protocol II of the 1980 Convention (commonly
referred to as the ``Landmine Protocol'') prohibits the
indiscriminate use of landmines.
(6) When it signed the 1980 Convention, the United States
stated: ``We believe that the Convention represents a positive
step forward in efforts to minimize injury or damage to the
civilian population in time of armed conflict. Our signature of
the Convention reflects the general willingness of the United
States to adopt practical and reasonable provisions concerning
the conduct of military operations, for the purpose of
protecting noncombatants.''.
(7) The United States also indicated that it had supported
procedures to enforce compliance, which were omitted from the
1980 Convention's final draft. The United States stated: ``The
United States strongly supported proposals by other countries
during the Conference to include special procedures for dealing
with compliance matters, and reserves the right to propose at a
later date additional procedures and remedies, should this
prove necessary, to deal with such problems.''.
(8) The lack of compliance procedures and other weaknesses
have significantly undermined the effectiveness of the Landmine
Protocol. Since it entered into force on December 2, 1983, the
number of civilians maimed and killed by anti-personnel
landmines has multiplied.
(9) A 1-year moratorium on United States sales, transfers,
and exports of anti-personnel landmines has been in effect
since October 23, 1992, when section 1365 of the National
Defense Authorization Act for Fiscal Year 1993 was signed into
law. Since that date, the European Parliament has issued a
resolution calling for a 5-year moratorium on sales, transfers,
and exports of anti-personnel landmines and the Government of
France has announced that it has ceased all sales, transfers,
and exports of anti-personnel landmines.
(10) On December 2, 1993, 10 years will have elapsed since
the 1980 Convention entered into force, triggering the right of
any party to request a United Nations conference to review the
1980 Convention. Amendments to the Landmine Protocol may be
considered at that time. The Government of France has made a
formal request to the United Nations Secretary General for a
review conference. With necessary preparations and
consultations among governments, a review conference is not
expected to be convened before late 1994 or early 1995.
(11) The United States should continue to set an example
for other countries in such negotiations by extending its
moratorium on sales, transfers, and exports of anti-personnel
landmines for an additional 3 years. A moratorium of this
duration would extend the current prohibition on the sale,
transfer, and export of anti-personnel landmines a sufficient
time to take into account the results of a United Nations
review conference.
SEC. 3. POLICY.
(a) In General.--It shall be the policy of the United States to
seek verifiable international agreements--
(1) prohibiting the sale, transfer, or export of anti-
personnel landmines; and
(2) further limiting and eventually terminating the
manufacture, possession, and use of anti-personnel landmines.
(b) Ratification of 1980 Convention.--It is the sense of the
Congress that the President should submit the 1980 Convention to the
Senate for its advice and consent to ratification.
(c) Actions Under United Nations Auspices.--Furthermore, it is the
sense of the Congress that the United States--
(1) should participate in a United Nations conference to
review the Landmine Protocol; and
(2) should actively seek to negotiate under United Nations
auspices a modification of the Landmine Protocol, or another
international agreement, to prohibit the sale, transfer, or
export of anti-personnel landmines and to further limit their
manufacture, possession, and use.
SEC. 4. MORATORIUM ON TRANSFERS OF ANTI-PERSONNEL LANDMINES ABROAD.
For a period of 3 years beginning on the date of enactment of this
Act--
(1) no sale may be made or financed, no transfer may be
made, and no license for export may be issued under the Arms
Export Control Act with respect to any anti-personnel landmine;
and
(2) no assistance may be provided under the Foreign
Assistance Act of 1961 with respect to the provision of any
anti-personnel landmine.
SEC. 5. DEFINITION.
For purposes of this Act, the term ``anti-personnel landmine''
means--
(1) any munition which is placed under, on, or near the
ground or other surface area or is delivered by artillery,
rocket, mortar, or similar means or dropped from an aircraft
and which is designed to be detonated or exploded by the
presence, proximity, or contact of a person;
(2) any device or material which is designed, constructed,
or adapted to kill or injure and which functions unexpectedly
when a person disturbs or approaches an apparently harmless
object or performs an apparently safe act; and
(3) any manually-emplaced munition or device which is
designed to kill, injure, or damage and which is actuated by
remote control or automatically after a lapse of time. | Landmine Moratorium Extension Act of 1993 - Declares that it is U.S. policy to seek international agreements prohibiting the sale, transfer, or export, and terminating the manufacture, possession, and use, of antipersonnel landmines.
Expresses the sense of the Congress that: (1) the President should submit the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects to the Senate for ratification; and (2) the United States should negotiate a modification of the Landmine Protocol under United Nations auspices or another international agreement to limit the sale, transfer, manufacture, and use of landmines.
Prohibits for three years after this Act's enactment: (1) sales, financing, transfers, and the issuance of licenses under the Arms Export Control Act with respect to antipersonnel landmines; and (2) assistance under the Foreign Assistance Act of 1961 with respect to the provision of such landmines. | {"src": "billsum_train", "title": "Landmine Moratorium Extension Act of 1993"} | 1,629 | 237 | 0.55283 | 1.837745 | 0.823355 | 4.164894 | 7.734043 | 0.930851 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Password Protection Act of 2012''.
SEC. 2. PROHIBITED ACTIVITY.
(a) In General.--Section 1030(a) of title 18, United States Code,
is amended--
(1) in paragraph (7)(C), by inserting ``or'' after the
semicolon; and
(2) by inserting after paragraph (7)(C) the following:
``(8) acting as an employer, knowingly and intentionally--
``(A) for the purposes of employing, promoting, or
terminating employment, compels or coerces any person
to authorize access, such as by providing a password or
similar information through which a computer may be
accessed, to a protected computer that is not the
employer's protected computer, and thereby obtains
information from such protected computer; or
``(B) discharges, disciplines, discriminates
against in any manner, or threatens to take any such
action against, any person--
``(i) for failing to authorize access
described in subparagraph (A) to a protected
computer that is not the employer's protected
computer; or
``(ii) who has filed any complaint or
instituted or caused to be instituted any
proceeding under or related to this paragraph,
or has testified or is about to testify in any
such proceeding;''.
(b) Fine.--Section 1030(c) of title 18, United States Code, is
amended--
(1) in paragraph (4)(G)(ii), by striking the period at the
end and inserting ``; and''; and
(2) by adding at the end the following:
``(5) a fine under this title, in the case of an offense
under subsection (a)(8) or an attempt to commit an offense
punishable under this paragraph.''.
(c) Definitions.--Section 1030(e) of title 18, United States Code,
is amended--
(1) in paragraph (11), by striking ``and'' after the
semicolon;
(2) in paragraph (12), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(13) the term `employee' means an employee, as such term
is defined in section 201(2) of the Genetic Nondiscrimination
Act of 2008 (42 U.S.C. 2000ff(2));
``(14) the term `employer' means an employer, as such term
is defined in such section 201(2); and
``(15) the term `employer's protected computer' means a
protected computer of the employer, including any protected
computer owned, operated, or otherwise controlled by, for, or
on behalf of that employer.''.
(d) Exceptions.--Section 1030(f) of title 18, United States Code,
is amended--
(1) by striking ``(f) This'' and inserting ``(f)(1) This'';
and
(2) by adding at the end the following:
``(2)(A) Nothing in subsection (a)(8) shall be construed to limit
the authority of a court of competent jurisdiction to grant equitable
relief in a civil action, if the court determines that there are
specific and articulable facts showing that there are reasonable
grounds to believe that the information sought to be obtained is
relevant and material to protecting the intellectual property, a trade
secret, or confidential business information of the party seeking the
relief.
``(B) Notwithstanding subsection (a)(8), the prohibition in such
subsection shall not apply to an employer's actions if--
``(i) the employer discharges or otherwise disciplines an
individual for good cause and an activity protected under
subsection (a)(8) is not a motivating factor for the discharge
or discipline of the individual;
``(ii) a State enacts a law that specifically waives
subsection (a)(8) with respect to a particular class of State
government employees or employees who work with individuals
under 13 years of age, and the employer's action relates to an
employee in such class; or
``(iii) an Executive agency (as defined in section 105 of
title 5), a military department (as defined in section 102 of
such title), or any other entity within the executive branch
that comes into the possession of classified information,
including the Defense Intelligence Agency, National Security
Agency, and National Reconnaissance Office, specifically waives
subsection (a)(8) with respect to a particular class of
employees requiring eligibility for access to classified
information under Executive Order 12968 (60 Fed. Reg. 40245),
or any successor thereto, and the employer's action relates to
an employee in such class.''. | Password Protection Act of 2012 - Amends the federal criminal code to subject to a fine any employer who knowingly and intentionally: (1) compels or coerces any person to provide the employer with a password or similar information to access a protected computer not owned by such employer; or (2) discharges, disciplines, discriminates, or threatens to take such actions, against any person who fails to authorize access to such computer, has filed a complaint or instituted a proceeding regarding such action, or testified or is about to testify in any such proceeding.
Declares that nothing in this Act shall be construed to limit the authority of a court of competent jurisdiction to grant equitable relief in a civil action, if the court believes that the information sought to be obtained is relevant to protecting the intellectual property, a trade secret, or confidential business information of the party seeking relief.
Exempts an employer's actions from such prohibition if: (1) the employer discharges or disciplines an individual for good cause; (2) a state enacts a law that specifically waives such prohibition with respect to a particular class of state or agency employees and the employer's action relates to an employee in such class; or (3) an executive agency, military department, or other executive branch entity specifically waives the prohibition with respect to a particular class of employees who may have access to classified information. | {"src": "billsum_train", "title": "To prohibit employers from compelling or coercing any person to authorize access to a protected computer, and for other purposes."} | 1,061 | 298 | 0.593961 | 1.884335 | 0.82387 | 4.430189 | 3.664151 | 0.950943 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Get Foreign Money Out of U.S.
Elections Act''.
SEC. 2. APPLICATION OF BAN ON CONTRIBUTIONS AND EXPENDITURES BY FOREIGN
NATIONALS TO DOMESTIC CORPORATIONS THAT ARE FOREIGN-
CONTROLLED, FOREIGN-INFLUENCED, AND FOREIGN-OWNED.
(a) Application of Ban.--Section 319(b) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(b)) 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) any corporation which is not a foreign national
described in paragraph (1) and--
``(A) in which a foreign national described in
paragraph (1) or (2) directly or indirectly owns or
controls--
``(i) 5 percent or more of the voting
shares, if the foreign national is a foreign
country, a foreign government official, or a
corporation principally owned or controlled by
a foreign country or foreign government
official; or
``(ii) 20 percent or more of the voting
shares, if the foreign national is not
described in clause (i);
``(B) in which two or more foreign nationals
described in paragraph (1) or (2), each of whom owns or
controls at least 5 percent of the voting shares,
directly or indirectly own or control 50 percent or
more of the voting shares;
``(C) over which one or more foreign nationals
described in paragraph (1) or (2) has the power to
direct, dictate, or control the decisionmaking process
of the corporation with respect to its interests in the
United States; or
``(D) over which one or more foreign nationals
described in paragraph (1) or (2) has the power to
direct, dictate, or control the decisionmaking process
of the corporation with respect to activities in
connection with a Federal, State, or local election,
including--
``(i) the making of a contribution,
donation, expenditure, independent expenditure,
or disbursement for an electioneering
communication (within the meaning of section
304(f)(3)); or
``(ii) the administration of a political
committee established or maintained by the
corporation.''.
(b) Certification of Compliance.--Section 319 of such Act (52
U.S.C. 30121) is amended by adding at the end the following new
subsection:
``(c) Certification of Compliance Required Prior to Carrying Out
Activity.--Prior to the making in connection with an election for
Federal office of any contribution, donation, expenditure, independent
expenditure, or disbursement for an electioneering communication by a
corporation during a year, the chief executive officer of the
corporation (or, if the corporation does not have a chief executive
officer, the highest ranking official of the corporation), shall file a
certification with the Commission, under penalty of perjury, that the
corporation is not prohibited from carrying out such activity under
subsection (b)(3), unless the chief executive officer has previously
filed such a certification during the year.''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the period which begins on the date of
the enactment of this Act, and shall take effect without regard to
whether or not the Federal Election Commission has promulgated
regulations to carry out such amendments.
SEC. 3. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN
DISBURSEMENTS AND ACTIVITIES.
(a) Application to Disbursements to Super PACs.--Section
319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121(a)(1)(A)) is amended by striking the semicolon and inserting the
following: ``, including any disbursement to a political committee
which accepts donations or contributions that do not comply with the
limitations, prohibitions, and reporting requirements of this Act (or
any disbursement to or on behalf of any account of a political
committee which is established for the purpose of accepting such
donations or contributions);''.
(b) Conditions Under Which Corporate PACs May Make Contributions
and Expenditures.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is
amended by adding at the end the following new paragraph:
``(8) A separate segregated fund established by a corporation may
not make a contribution or expenditure during a year unless the year
the fund has certified to the Commission the following during the year:
``(A) Each individual who manages the fund, and who is
responsible for exercising the decisionmaking authority of the
fund, is a citizen of the United States or is lawfully admitted
for permanent residence in the United States.
``(B) No foreign national under section 319 participates in
any way in the decisionmaking processes of the fund with regard
to contributions or expenditures under this Act.
``(C) The fund does not solicit or accept recommendations
from any foreign national under section 319 with respect to the
contributions or expenditures made by the fund.
``(D) Any member of the board of directors of the
corporation who is a foreign national under section 319
abstains from voting on matters concerning the fund or its
activities.''. | Get Foreign Money Out of U.S. Elections Act This bill amends the Federal Election Campaign Act of 1971 (FECA) to ban campaign contributions and expenditures by corporations that are controlled, influenced, or owned by foreign nationals. Foreign nationals and such corporations may not make disbursements to political committees that accept donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of FECA. Corporate political action committees may make contributions and expenditures only if they comply with limitations on the involvement of foreign nationals and such corporations. | {"src": "billsum_train", "title": "Get Foreign Money Out of U.S. Elections Act"} | 1,251 | 121 | 0.520044 | 1.324858 | 0.54479 | 3.525253 | 11.161616 | 0.89899 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State High Risk Pool Funding
Extension Act of 2004''.
SEC. 2. EXTENSION OF FUNDING FOR ESTABLISHMENT AND OPERATION OF STATE
HIGH RISK HEALTH INSURANCE POOLS.
(a) Extension of Availability of Seed Funding for Additional
Year.--The second sentence of subsection (c) of section 2745 of the
Public Health Service Act (42 U.S.C. 300gg-45) is amended by striking
``under this subsection for a fiscal year'' and inserting ``under
paragraph (1) shall be available for obligation through the end of
fiscal year 2005 and funds appropriated under paragraph (2) for a
fiscal year''.
(b) Funding for Operation of State High Risk Pools in Fiscal Year
2005.--Subsection (c)(2) of such section is amended by inserting ``and
$50,000,000 for fiscal year 2005'' after ``2004''.
(c) Change in Requirements for Qualified High Risk Pools.--
(1) Change in requirement for operational grants.--
Subsection (b)(1)(A) of such section is amended by striking
``150 percent'' and inserting ``200 percent''.
(2) Change in definition of qualified high risk pool.--
Subsection (d) of such section is amended to read as follows:
``(d) Definitions.--In this section:
``(1) Qualified high risk pool.--The term `qualified high
risk pool' has the meaning given such term in section
2744(c)(2), except that a State may elect to meet the
requirement of subparagraph (A) of such section (insofar as it
requires the provision of coverage to all eligible individuals)
through providing for the enrollment of eligible individuals
through an acceptable alternative mechanism (as defined for
purposes of section 2744) that includes a high risk pool as a
component.
``(2) Standard risk rate.--The term `standard risk rate'
means a rate that--
``(A) is determined under the State high risk pool
by considering the premium rates charged by other
health insurers offering health insurance coverage to
individuals in the insurance market served;
``(B) is established using reasonable actuarial
techniques; and
``(C) reflects anticipated claims experience and
expenses for the coverage involved.
``(3) State.--The term `State' means any of the 50 States
and the District of Columbia.''.
(3) Effective date.--The amendments made by this subsection
shall apply to grants for fiscal years beginning with fiscal
year 2005.
(d) Change in Allotment Formula for Operational Grants.--Subsection
(b)(2) of such section is amended--
(1) by inserting ``(before fiscal year 2005)'' after ``for
a fiscal year''; and
(2) by adding at the end the following: ``The amount
appropriated under subsection (c)(2) for a fiscal year
beginning with fiscal year 2005 shall be made available to the
States (including entities that operate the high risk pool
under applicable State law in a State) that qualify for a grant
under subsection (b) as follows:
``(A) An amount equal to 50 percent of the amount
shall be allocated in equal amounts among such
qualifying States.
``(B) An amount equal to 25 percent of the amount
shall be allocated among such States so that the amount
provided to a State bears the same ratio to such
available amount as the number of uninsured individuals
in the State bears to the total number of uninsured
individuals in all such States (as determined by the
Secretary).
``(C) An amount equal to 25 percent of the amount
shall be allocated among such States so that the amount
provided to a State bears the same ratio to such
available amount as the number of individuals enrolled
in health care coverage through the qualified high risk
pool of the State bears to the total number of
individuals so enrolled through qualified high risk
pools in all such States (as determined by the
Secretary).''.
(e) Administrative Provisions.--Such section is amended by adding
at the end the following new subsection:
``(e) Administrative Provisions.--
``(1) Applications.--To be eligible for a grant under this
section, a State shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the secretary may require.
``(2) No entitlement.--Nothing in this section shall be
construed as providing a State with an entitlement to a grant
under this section.''. | State High Risk Pool Funding Extension Act of 2004 - Amends the Public Health Service Act to reauthorize funds for States to create and to operate existing high risk health insurance pools.
Increases the maximum allowable premium in a qualified high risk pool to 200 percent of the premium for applicable standard risk rates. Defines "standard risk rate" as a rate that: (1) is determined under the State high risk pool by considering the premiums charged by other health insurers in the same market; (2) is established using reasonable actuarial techniques; and (3) reflects anticipated claims experience and expenses.
Expands the definition of "qualified high risk pool" to allow a State to meet the requirement to provide all eligible individuals with health insurance coverage by utilizing an acceptable alternative mechanism that includes a high risk pool as a component and: (1) that provides for risk adjustment, risk spreading, or a risk spreading mechanism (among issuers or policies of an issuer) or for some financial subsidization for eligible individuals, including through assistance to participating issuers; or (2) under which each eligible individual is provided a choice of all individual health insurance coverage otherwise available.
Amends the formula for appropriating funds to States to operate such pools to give one-half of the funds to eligible States equally and apportion the other half based on the number of uninsured individuals in each State and the number of enrollees in the State's qualified high risk pool. (Currently, all funds are allotted based solely on the number of uninsured individuals in the State.) | {"src": "billsum_train", "title": "To amend title XXVII of the Public Health Service Act to extend Federal funding for the establishment and operation of State high risk health insurance pools."} | 1,028 | 340 | 0.703855 | 2.14168 | 0.892537 | 2.208754 | 3.124579 | 0.794613 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shareholder Protection Act of
2017''.
SEC. 2. FINDINGS.
Congress finds that--
(1) corporations make significant political contributions
and expenditures that directly or indirectly influence the
election of candidates and support or oppose political causes;
(2) decisions to use corporate funds for political
contributions and expenditures are usually made by corporate
boards and executives, rather than shareholders;
(3) corporations, acting through boards and executives, are
obligated to conduct business for the best interests of their
owners, the shareholders;
(4) historically, shareholders have not had a way to know,
or to influence, the political activities of corporations they
own;
(5) shareholders and the public have a right to know how
corporate managers are spending company funds to make political
contributions and expenditures benefitting candidates,
political parties, and political causes;
(6) corporations should be accountable to shareholders in
making political contributions or expenditures affecting
Federal governance and public policy; and
(7) requiring a corporation to obtain the express approval
of shareholders prior to making political contributions or
expenditures will establish necessary accountability.
SEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 14B (15 U.S.C. 78n-2) the following:
``SEC. 14C. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES AND
DISCLOSURE OF VOTES OF INSTITUTIONAL INVESTORS.
``(a) Definitions.--In this section--
``(1) the term `expenditure for political activities'--
``(A) means--
``(i) an independent expenditure (as
defined in section 301(17) of the Federal
Election Campaign Act of 1971 (52 U.S.C.
30101(17)));
``(ii) an electioneering communication (as
defined in section 304(f)(3) of that Act (52
U.S.C. 30104(f)(3))) and any other public
communication (as defined in section 301(22) of
that Act (52 U.S.C. 30101(22))) that would be
an electioneering communication if it were a
broadcast, cable, or satellite communication;
or
``(iii) dues or other payments to trade
associations or organizations described in
section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a)
of that Code that are, or could reasonably be
anticipated to be, used or transferred to
another association or organization for the
purposes described in clauses (i) or (ii); and
``(B) does not include--
``(i) direct lobbying efforts through
registered lobbyists employed or hired by the
issuer;
``(ii) communications by an issuer to its
shareholders and executive or administrative
personnel and their families; or
``(iii) the establishment and
administration of contributions to a separate
segregated fund to be utilized for political
purposes by a corporation; and
``(2) the term `issuer' does not include an investment
company registered under section 8 of the Investment Company
Act of 1940 (15 U.S.C. 80a-8).
``(b) Shareholder Authorization for Political Expenditures.--Each
solicitation of proxy, consent, or authorization by an issuer with a
class of equity securities registered under section 12 of this title
shall--
``(1) contain--
``(A) a description of the specific nature of any
expenditure for political activities proposed to be
made by the issuer for the forthcoming fiscal year that
has not been authorized by a vote of the shareholders
of the issuer, to the extent the specific nature is
known to the issuer; and
``(B) the total amount of expenditures for
political activities proposed to be made by the issuer
for the forthcoming fiscal year; and
``(2) provide for a separate vote of the shareholders of
the issuer to authorize such expenditures for political
activities in the total amount described in paragraph (1).
``(c) Vote Required To Make Expenditures.--No issuer shall make an
expenditure for political activities in any fiscal year unless such
expenditure--
``(1) is of the nature of those proposed by the issuer in
subsection (b)(1); and
``(2) has been authorized by a vote of the majority of the
outstanding shares of the issuer in accordance with subsection
(b)(2).
``(d) Fiduciary Duty; Liability.--
``(1) Fiduciary duty.--A violation of subsection (c) shall
be considered a breach of a fiduciary duty of the officers and
directors who authorized the expenditure for political
activities.
``(2) Liability.--An officer or director of an issuer who
authorizes an expenditure for political activities in violation
of subsection (c) shall be jointly and severally liable in any
action brought in a court of competent jurisdiction to any
person or class of persons who held shares at the time the
expenditure for political activities was made for an amount
equal to 3 times the amount of the expenditure for political
activities.
``(e) Disclosure of Votes.--
``(1) Disclosure required.--Each institutional investment
manager subject to section 13(f) shall disclose not less
frequently than annually how the institutional investment
manager voted on any shareholder vote under subsection (a),
unless the vote is otherwise required by rule of the Commission
to be reported publicly.
``(2) Rules.--Not later than 6 months after the date of
enactment of this section, the Commission shall issue rules to
carry out this subsection that require that a disclosure
required under paragraph (1)--
``(A) be made not later than 30 days after a vote
described in paragraph (1); and
``(B) be made available to the public through the
EDGAR system as soon as practicable.
``(f) Safe Harbor for Certain Divestment Decisions.--
Notwithstanding any other provision of Federal or State law, if an
institutional investment manager makes the disclosures required under
subsection (e), no person may bring any civil, criminal, or
administrative action against the institutional investment manager, or
any employee, officer, or director thereof, based solely upon a
decision of the investment manager to divest from, or not to invest in,
securities of an issuer due to an expenditure for political activities
made by the issuer.''.
SEC. 4. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL
ACTIVITIES.
The Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.) is
amended by adding after section 16 (15 U.S.C. 78p) the following:
``SEC. 16A. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL
ACTIVITIES.
``(a) Definitions.--In this section, the terms `expenditure for
political activities' and `issuer' have the meaning given the terms in
section 14C.
``(b) Listing on Exchanges.--Not later than 180 days after the date
of enactment of this section, the Commission shall, by rule, direct the
national securities exchanges and national securities associations to
prohibit the listing of any class of equity security of an issuer that
is not in compliance with the requirements of any portion of subsection
(c).
``(c) Requirement for Vote in Corporate Bylaws.--
``(1) Vote required.--The bylaws of an issuer shall
expressly provide for a vote of the board of directors of the
issuer on--
``(A) any expenditure for political activities in
excess of $50,000; and
``(B) any expenditure for political activities that
would result in the total amount spent by the issuer
for a particular election (as defined in section 301(1)
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101(1))) in excess of $50,000.
``(2) Public availability.--An issuer shall make the votes
of each member of the board of directors for a vote required
under paragraph (1) publicly available not later than 48 hours
after the vote, including in a clear and conspicuous location
on the Internet website of the issuer.
``(d) No Effect on Determination of Coordination With Candidates or
Campaigns.--For purposes of the Federal Election Campaign Act of 1971
(52 U.S.C. 30101 et seq.), an expenditure for political activities by
an issuer shall not be treated as made in concert or cooperation with,
or at the request or suggestion of, any candidate or committee solely
because a member of the board of directors of the issuer voted on the
expenditure as required under this section.''.
SEC. 5. REPORTING REQUIREMENTS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(s) Reporting Requirements Relating to Certain Political
Expenditures.--
``(1) Definitions.--In this subsection, the terms
`expenditure for political activities' and `issuer' have the
same meaning as in section 14C.
``(2) Quarterly reports.--
``(A) Reports required.--Not later than 180 days
after the date of enactment of this subsection, the
Commission shall amend the reporting rules under this
section to require each issuer with a class of equity
securities registered under section 12 of this title to
submit to the Commission and the shareholders of the
issuer a quarterly report containing--
``(i) a description of any expenditure for
political activities made during the preceding
quarter;
``(ii) the date of each expenditure for
political activities;
``(iii) the amount of each expenditure for
political activities;
``(iv) the votes of each member of the
board of directors authorizing the expenditure
for political activity, as required under
section 16A(c);
``(v) if the expenditure for political
activities was made in support of or opposed to
a candidate, the name of the candidate and the
office sought by, and the political party
affiliation of, the candidate; and
``(vi) the name or identity of trade
associations or organizations described in
section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a)
of such Code which receive dues or other
payments as described in section
14C(a)(1)(A)(iii).
``(B) Public availability.--The Commission shall
ensure that, to the greatest extent practicable, the
quarterly reports required under this paragraph are
publicly available through the Internet website of the
Commission and through the EDGAR system in a manner
that is searchable, sortable, and downloadable,
consistent with the requirements under section 24.
``(3) Annual reports.--Not later than 180 days after the
date of enactment of this subsection, the Commission shall, by
rule, require each issuer to include in the annual report of
the issuer to shareholders a summary of each expenditure for
political activities made during the preceding year in excess
of $10,000, and each expenditure for political activities for a
particular election if the total amount of such expenditures
for that election is in excess of $10,000.''.
SEC. 6. REPORTS.
(a) Securities and Exchange Commission.--The Securities and
Exchange Commission shall--
(1) conduct an annual assessment of the compliance of
issuers and officers and members of the boards of directors of
issuers with sections 13(s), 14C, and 16A of the Securities
Exchange Act, as added by this Act; and
(2) submit to Congress an annual report containing the
results of the assessment under paragraph (1).
(b) Government Accountability Office.--The Comptroller General of
the United States shall periodically evaluate and report to Congress on
the effectiveness of the oversight by the Securities and Exchange
Commission of the reporting and disclosure requirements under sections
13(s), 14C, and 16A of the Securities Exchange Act, as added by this
Act.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby. | Shareholder Protection Act of 2017 This bill amends the Securities Exchange Act of 1934 to require shareholder authorization with respect to certain political expenditures by an issuer. A violation of this requirement shall be considered a breach of fiduciary duty, and the officers and directors who authorized the expenditure shall be subject to joint and several liability. The Securities and Exchange Commission must direct the national securities exchanges and associations to prohibit the listing of any equity security of an issuer whose corporate bylaws do not require a board vote with respect to political expenditures in excess of $50,000. An issuer must, within 48 hours, make publicly available the individual votes of each board member with respect to such expenditures. The bill establishes various reporting requirements. | {"src": "billsum_train", "title": "Shareholder Protection Act of 2017"} | 2,812 | 159 | 0.440115 | 1.323989 | 0.659958 | 2.507463 | 18.701493 | 0.865672 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small Business
Health Insurance Promotion Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Temporary tax credit for small employers offering health
coverage through a qualified health pooling
arrangement.
Sec. 3. Qualified State health pooling arrangements.
Sec. 4. Establishment of national health pooling arrangement.
Sec. 5. Funding of pooling arrangements.
Sec. 6. Institute of Medicine study and report.
SEC. 2. TEMPORARY TAX CREDIT FOR SMALL EMPLOYERS OFFERING HEALTH
COVERAGE THROUGH A QUALIFIED HEALTH POOLING ARRANGEMENT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:
``SEC. 45G. SMALL BUSINESS HEALTH POOL ARRANGEMENTS.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible small employer, the health pool arrangement credit determined
under this section for the taxable year is an amount equal to 50
percent of amounts paid or incurred by the employer during the taxable
year as premiums for self-only or family coverage for health benefits
under a qualified health pooling arrangement for employees of such
employer.
``(b) Limitations.--
``(1) Employer must bear 50 percent of cost.--Expenses may
be taken into account under subsection (a) only if at least 50
percent of the premiums under the qualified health pooling
arrangement are paid by the employer.
``(2) Period of coverage.--Expenses may be taken into
account under subsection (a) only with respect to coverage for
the 4-year period beginning on the date the employer first
begins participating in a qualified health pooling arrangement.
``(3) Employers offering other health benefits.--In the
case of an employer who paid or incurred any expenses for
health benefits for the employees of such employer during the
first taxable year ending on or after the date of the enactment
of this section, subsection (a) shall apply to such employer
only if such employer begins participating in a qualified
health pooling arrangement during the 2-year period beginning
on the later of--
``(A) the date of the enactment of this section, or
``(B) the first date that a qualified health
pooling arrangement exists which allows such employer
to participate.
``(4) No employees excluded.--Subsection (a) shall not
apply to an employer for any period unless at all times during
such period coverage for health benefits under a qualified
health pooling arrangement is available to all employees of
such employer under similar terms.
``(5) Amounts paid under salary reduction arrangements.--No
amount paid or incurred pursuant to a salary reduction
arrangement shall be taken into account under subsection (a).
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible small employer.--
``(A) In general.--The term `eligible small
employer' means an employer who employed, with respect
to the calendar year in which such employer first
begins participating in a qualified health pooling
arrangement, an average of not more than 50 employees
on business days during the preceding calendar year.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is an eligible
small employer shall be based on the average number of
employees that it is reasonably expected such employer
will employ on business days in the current calendar
year.
``(C) Permanent status as eligible small
employer.--In the case of an employer who meets the
requirements of this subsection with respect to the
calendar year in which such employer first begins
participating in a qualified health pooling
arrangement, such employer shall not fail to be treated
as an eligible small employer for any subsequent
calendar year.
``(D) Predecessors.--The Secretary may prescribe
regulations which provide for references in this
paragraph to an employer to be treated as including
references to predecessors of such employer.
``(2) Self-employed individuals.--
``(A) Treatment as employee.--The term `employee'
includes an individual who is an employee within the
meaning of section 401(c)(1) (relating to self-employed
individuals).
``(B) Treatment as employer.--An individual who
owns the entire interest in an unincorporated trade or
business shall be treated as his own employer. A
partnership shall be treated as the employer of each
partner who is an employee within the meaning of
subparagraph (A).
``(3) Family coverage.--The term `family coverage' means
coverage for health benefits of the employee and qualified
family members of the employee (as defined in section 35(d),
but without regard to the last sentence of paragraph (1)
thereof).
``(4) Qualified health pooling arrangement.--The term
`qualified health pooling arrangement' means a qualified State
health pooling arrangement described in section 3 of Small
Business Health Insurance Promotion Act of 2004 or the national
health pooling arrangement described in section 4 of such Act.
``(5) Certain rules made applicable.--Rules similar to the
rules of section 52 shall apply for purposes of this
section.''.
(b) Credit to Be Part of General Business Credit.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (13), by striking the period
at the end of paragraph (14) and inserting ``, plus'', and by adding at
the end the following:
``(15) in the case of an eligible small employer (as
defined in section 45G(c)), the health pool arrangement credit
determined under section 45G(a).''.
(c) No Carrybacks.--Subsection (d) of section 39 of such Code
(relating to carryback and carryforward of unused credits) is amended
by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the health pool arrangement
credit determined under section 45G may be carried back to a
taxable year beginning before January 1, 2004.''.
(d) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(d) Credit for Small Business Health Pool Arrangements.--
``(1) In general.--No deduction shall be allowed for that
portion of the expenses (otherwise allowable as a deduction)
taken into account in determining the credit under section 45G
for the taxable year which is equal to the amount of the credit
determined for such taxable year under section 45G(a).
``(2) Controlled groups.--Persons treated as a single
employer under subsection (a) or (b) of section 52 shall be
treated as 1 person for purposes of this section.''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following:
``Sec. 45G. Small business health pool arrangements.''.
(f) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2003, for arrangements established after the date of the
enactment of this Act.
SEC. 3. QUALIFIED STATE HEALTH POOLING ARRANGEMENTS.
(a) Defined.--For purposes of this Act, the term ``qualified State
health pooling arrangement'' means an arrangement established by a
State which meets the following requirements:
(1) Health benefits coverage.--The arrangement provides
health benefits coverage that the Secretaries of Health and
Human Services and Labor jointly determine is substantially
similar to the health benefits coverage in any of the four
largest health benefits plans (determined by enrollment)
offered under chapter 89 of title 5, United States Code.
(2) Group health plan requirements.--The health benefits
coverage provided under the arrangement meets the requirements
applicable to a group health plan under chapter 100 of the
Internal Revenue Code of 1986, part 7 of subtitle B of title I
of the Employee Retirement Income Security Act of 1974, and
State law.
(3) Guaranteed issue and renewable.--The arrangement does
not deny coverage (including renewal of coverage) with respect
to employees of any eligible small employer or qualifying
family members of such employees on the basis of health status
of such employees or family members or any other condition or
requirement that the Secretaries of Health and Human Services
and Labor jointly determine constitutes health underwriting.
(4) No preexisting condition exclusion.--The arrangement
does not permit a preexisting condition exclusion as defined
under section 9801(b)(1) of the Internal Revenue Code of 1986
and under section 701(b)(1) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 11(b)(1)).
(5) No underwriting; community-rated premiums.--(A) Subject
to subparagraph (B), the arrangement does not permit
underwriting, through a preexisting condition limitation,
differential benefits, or different premium levels, or
otherwise, with respect to such coverage for employees or their
qualifying family members.
(B) The premiums charged for such coverage are community-
rated for individuals without regard to health status.
(6) No riders.--The arrangement does not permit riders to
the health benefits coverage.
(7) Accessibility to eligible small employers.--The
arrangement makes such coverage available to an eligible small
employer without regard to whether a credit is available under
section 45G of the Internal Revenue Code of 1986 with respect
to such employer.
(8) Minimum of two plans offered under the arrangement.--
The arrangement makes available at least two plans for health
benefits coverage.
(b) Eligible Small Employer; Self-Employed Individual.--For
purposes of this Act, the terms ``eligible small employer'' and
``employee'' have the same meanings as when such terms are used in
section 45G of the Internal Revenue Code of 1986 and rules similar to
the rules of subsection (c) of such section shall apply for purposes of
this Act.
(c) Qualifying Family Member.--For purposes of this Act, the term
``qualifying family member'' has the meaning given such term in section
35(d) of the Internal Revenue Code of 1986, applied without regard to
the last sentence of paragraph (1) thereof.
(d) State Defined.--For purposes of this Act, the term ``State''
includes the District of Columbia, Puerto Rico, the Virgin Islands of
the United States, Guam, American Samoa, and the Northern Mariana
Islands.
(e) Construction.--Nothing in this section shall be construed as
requiring a State to establish or maintain a qualified State health
pooling arrangement.
(f) Creditable Coverage for Purposes of HIPAA.--Health benefits
coverage provided under a qualified State health pooling arrangement
under this section (and coverage provided under a National Pooling
Arrangement under section 4 of this title) shall be treated as
creditable coverage for purposes of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et
seq.), title XXVII of the Public Health Service Act (42 U.S.C. 300gg et
seq.), and subtitle K of the Internal Revenue Code of 1986.
(g) Oversight and Accountability.--
(1) Oversight.--The Secretaries of Health and Human
Services and Labor shall jointly oversee the offering of health
benefits coverage under qualified State health pooling
arrangements to eligible small employers.
(2) Annual reports.--
(A) In general.--Each State that offers a qualified
State health pooling arrangement under this section in
a year shall submit, in a form and manner specified
jointly by the Secretaries of Health and Human Services
and Labor, a report on the operation of the arrangement
in that year.
(B) Contents of report.--Reports required under
subparagraph (A) shall include the following:
(i) A description of the health benefits
coverage offered under the arrangement.
(ii) The number of employers that
participated in the arrangement.
(iii) The number of employees and
qualifying family members of employees who
received health benefits coverage under the
arrangement.
(iv) The premiums charged for the health
benefits coverage under the arrangement.
(3) Certification.--Each State that offers a qualified
State health pooling arrangement under this section in a year
shall submit, in a form and manner specified jointly by the
Secretaries of Health and Human Services and Labor, a
certification that the arrangement meets the requirements of
this Act.
(h) Coordination of Complaints With State Insurance
Commissioners.--The Secretaries of Health and Human Services and Labor
shall coordinate with the insurance commissioners for the various
States in establishing a process for handling and resolving any
complaints relating to health benefits coverage offered under this Act,
to the extent necessary to augment processes otherwise available under
State law.
(i) No Preemption of State Law.--Nothing in this section shall be
construed as preempting provisions of State law that provide
protections in excess of the protections required under this section.
SEC. 4. ESTABLISHMENT OF NATIONAL HEALTH POOLING ARRANGEMENT.
(a) In General.--The Secretaries of Health and Human Services and
Labor, jointly in consultation with the Director of the Office of
Personnel Management, shall provide for the offering and oversight of a
national health pooling arrangement to eligible small employers.
(b) National Health Pooling Arrangement Defined.-- For purposes of
this section, the term ``national health pooling arrangement'' means an
arrangement under which health plans are offered under terms and
conditions that meet the requirements of section 3(a).
(c) Use of FEHBP Model.--The Secretaries of Health and Human
Services and Labor shall jointly provide for the national health
pooling arrangement using the model of the Federal employees health
benefits program under chapter 89 of title 5, United States Code, to
the extent practicable and consistent with the provisions of this Act.
In carrying out such model, the Secretaries shall, to the maximum
extent practicable, negotiate the most affordable and substantial
coverage possible for small employers.
SEC. 5. FUNDING OF POOLING ARRANGEMENTS.
(a) Funding of States to Establish and Operate Qualified State
Health Pooling Arrangements.--There are authorized to be appropriated
to the Secretaries of Health and Human Services and Labor such sums as
may be necessary to provide grants to States to establish and operate
qualified State health pooling arrangements described in section 3.
(b) Funding of National Health Pooling Arrangement.--There are
authorized to be appropriated to the Secretaries of Health and Human
Services and Labor such sums as may be necessary to provide for the
offering and operation of the national health pooling arrangement under
section 4.
SEC. 6. INSTITUTE OF MEDICINE STUDY AND REPORT.
(a) Study.--The Secretaries of Health and Human Services and Labor
shall jointly enter into an arrangement under which the Institute of
Medicine of the National Academy of Sciences shall conduct a study on
the operation of qualified State health pooling arrangements under
section 3 and the national health pooling arrangement under section 4.
(b) Matters Studied.--The study conducted under subsection (a)
shall include the following:
(1) An assessment of the success of the arrangements.
(2) A determination of the affordability of health benefits
coverage under the arrangements for employers and employees.
(3) A determination of the access of small employers to
health benefits coverage.
(4) A determination of the extent to which the tax credit
under section 45G of the Internal Revenue Code of 1986 provides
a subsidy for eligible small employers that provided (or would
have provided) health benefits coverage in the absence of such
credit.
(5) Recommendations with respect to--
(A) extension of the period for which the tax
credit under section 45G of the Internal Revenue Code
of 1986 is available to employers or an appropriate
phase-out of such credit over time;
(B) expansion of categories of persons eligible for
such tax credit;
(C) expansion of persons eligible for health
benefits coverage under the arrangements; and
(D) such other matters as the Institute determines
appropriate.
(c) Report.--Not later than January 1, 2009, the Comptroller
General shall submit to Congress a report on the study conducted under
subsection (a). | Small Business Health Insurance Promotion Act of 2004 - Amends the Internal Revenue Code to allow certain small employers (not more than 50 employees) a business tax credit equal to 50 percent of amounts paid by such employers for the health care coverage of their employees under a qualified health pooling arrangement. Limits the period during which the tax credit may be taken to four years from the date the employer begins participating in a qualified health pooling arrangement. Defines "qualified health pooling arrangement" as a national or state arrangement that provides health benefits coverage substantially similar to that of the four largest health benefit plans offered to Federal employees.
Directs the Secretaries of Health and Human Services and Labor to provide for the offering and oversight of qualified State and national health pooling arrangements and to conduct a study, through the Institute of Medicine of the National Academy of Sciences, of the operation of such arrangements. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax subsidies to encourage small employers to offer affordable health coverage to their employees through qualified health pooling arrangements, to encourage the establishment and operation of these arrangements, and for other purposes."} | 3,747 | 185 | 0.653679 | 1.701201 | 0.799496 | 3.464286 | 20.166667 | 0.940476 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing for Tomorrow's Schools Act
of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to the National Center for Education
Statistics, an estimated $127,000,000,000 in repairs,
renovations, and modernizations is needed to put schools in the
United States into good overall condition.
(2) Approximately 14,000,000 United States students attend
schools that report the need for extensive repair or
replacement of 1 or more buildings.
(3) According to a 2005 study conducted by American School
& University magazine, $29,088,000,000 was spent to address the
Nation's education infrastructure needs in 2004, with the
average total cost of a new high school being $27,000,000.
(4) Academic research has proven that there is a direct
correlation between the condition of school facilities and
student achievement. At Georgetown University, researchers
found that students assigned to schools in poor condition could
be expected to have test scores that are 10.9 percentage points
lower than students in schools in excellent condition. Similar
studies demonstrated improvement of up to 20 percent in test
scores when students were moved from a facility in poor
condition to a new facility.
(5) The Director of the Education and Employment Issues
division of the Government Accounting Office (currently known
as the Education, Workforce, and Income Security division of
the Government Accountability Office) testified that nearly 52
percent of schools, affecting 21,300,000 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 the Nation's public elementary
schools and secondary schools and libraries require the
concerted efforts of all levels of government and all sectors
of communities.
(8) The United States competitive position within the world
economy is vulnerable if the future workforce of the United
States continues to be educated in schools and libraries not
equipped for the 21st century.
(9) The deplorable state of collections in public school
libraries in the United States 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. The Nation's
public and school libraries play a critical role in a child's
early development because the libraries 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.--The Secretary of Education
(referred to in this Act as the ``Secretary''), after
consultation with the Secretary of the Treasury, may enter into
cooperative agreements with States under which--
(A) the States establish State infrastructure banks
and multistate infrastructure banks for the purpose of
providing the loans described in subparagraph (B); and
(B) the Secretary awards grants to States to be
used as initial capital for the purpose of making loans
through the infrastructure banks--
(i) to local educational agencies to enable
the agencies to construct, reconstruct, or
renovate elementary schools or secondary
schools that provide free public education; and
(ii) to public libraries to enable the
libraries to construct, reconstruct, or
renovate library facilities.
(2) Interstate compacts.--
(A) Consent.--Congress grants consent to any 2 or
more States, entering into a cooperative agreement
under paragraph (1) with the Secretary for the
establishment of a multistate infrastructure bank, to
enter into an interstate compact establishing a
multistate infrastructure bank in accordance with this
section.
(B) Reservation of rights.--Congress expressly
reserves the right to alter, amend, or repeal this
section and any consent granted pursuant to this
section.
(b) Repayments.--Each infrastructure bank established under
subsection (a) shall apply repayments of principal and interest on
loans funded by the grant received under subsection (a) to the making
of additional loans.
(c) Infrastructure Bank Requirements.--A State establishing an
infrastructure bank under this section shall--
(1) contribute to the bank, from non-Federal sources, an
amount equal to not less than 25 percent of the amount of each
grant made for the bank under subsection (a);
(2) identify as recipient of the grant an operating entity
of the State that has the capacity to manage loan funds, and
issue debt instruments of the State for purposes of leveraging
the funds made available through the grant or State
contributions under paragraph (1) related to the grant;
(3) allow such funds to be used as reserve for debt issued
by the State, so long as proceeds are deposited in the
appropriate accounts for loan purposes;
(4) ensure that investment income generated by funds
described in paragraph (2) and made available to an account of
the bank will be--
(A) credited to the account;
(B) available for use in providing loans for a
project 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 funds for projects assisted by the
bank;
(5) ensure that any loan from the bank will bear interest
at or below the lowest interest rate being offered for bonds;
(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 such loan will
not exceed 30 years after the date of the first payment on the
loan under paragraph (6); 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 a loan 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 a loan under subsection
(e).
(2) Applications for loans.--
(A) In general.--A local educational agency or
public library desiring a loan under this section shall
submit to such an infrastructure bank an application
that includes--
(i) in the case of an application for a
renovation project for a facility--
(I) a description of each
architectural, civil, structural,
mechanical, or electrical deficiency to
be corrected with the loan funds and
the priorities to be applied in
determining which deficiency to address
first; and
(II) a description of the criteria
used by the applicant to determine the
type of corrective action necessary for
the renovation of the facility;
(ii) a description of any improvements to
be made and a cost estimate for the
improvements to be made with the loan;
(iii) a description of how work undertaken
with the loan will promote energy conservation;
and
(iv) such other information as the
infrastructure bank may require.
(B) Timing.--An infrastructure bank shall take
final action on a completed application submitted to it
in accordance with this subsection not later than 90
days after the date of the submission of the
application.
(3) Criteria for loans.--In considering an application for
a loan under this section, an infrastructure bank shall
consider--
(A) the extent to which the local educational
agency or public library desiring the loan would
otherwise lack the fiscal capacity, including the
ability to raise funds through the full use of bonding
capacity of the agency or library, to undertake the
project proposed in the application;
(B) in the case of a local educational agency, the
threat that the condition of the physical plant in the
proposed project poses to the safety and well-being of
students;
(C) the demonstrated need for the construction,
reconstruction, or renovation described in the
application, based on the condition of the facility in
the proposed project; and
(D) the age of the facility proposed to be
replaced, reconstructed, or renovated.
(e) Eligible Projects.--
(1) In general.--A project shall be eligible for a loan
from an infrastructure bank under this section if the project
consists of--
(A) the construction of an elementary school or
secondary school to meet the needs imposed by
enrollment growth;
(B) the repair or upgrading of classrooms or
structures related to academic learning at an
educational facility, including the repair of leaking
roofs, crumbling walls, inadequate plumbing, poor
ventilation equipment, or inadequate heating or
lighting equipment;
(C) an activity to increase physical safety at an
educational facility;
(D) an activity to enhance an educational facility
to provide access for students, teachers, and other
individuals (such as staff and parents) who are
individuals with disabilities;
(E) an activity to address environmental hazards at
an educational facility, 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, at an educational
facility;
(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 treatment, storage,
and disposal requirements mandated under the
Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) or similar State laws;
(H) work that will enable efficient use of
available energy resources at an educational facility;
(I) work to detect, remove, or otherwise contain
asbestos hazards in an educational facility; or
(J) work to construct public library facilities or
repair or upgrade public library facilities.
(2) Davis-bacon.--The wage requirements of subchapter IV of
chapter 31 of title 40, United States Code shall apply with
respect to individuals employed on the projects described in
paragraph (1).
(f) Supplementation.--Any loan made by an infrastructure bank shall
be used to supplement and not supplant other Federal, State, and local
funds available to carry out school or library construction,
reconstruction, or renovation (including repair).
(g) Limitation on Repayments.--Notwithstanding any other provision
of law, if an infrastructure bank makes a loan under this section with
funds made available through a grant awarded to a State under
subsection (a), the funds used to repay the loan may not be credited
toward the contribution required for the State under subsection (c)(1)
for a subsequent grant awarded under subsection (c).
(h) Secretarial Requirements.--In administering this section, the
Secretary 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
to 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) Income Attributable to Interest.--The income attributable to
interest described in subsection (c)(5) shall be exempt from Federal
taxation.
(k) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(l) Program Administration.--A State may expend an amount not to
exceed 2 percent of the grant funds contributed to an infrastructure
bank established by a State or States under this section to pay the
reasonable costs of administering the infrastructure bank.
(m) Secretarial Review and Report.--The Secretary shall--
(1) review the financial condition of each infrastructure
bank established under this section; and
(2) transmit to Congress a report on the results of such
review not later than 90 days after the completion of the
review.
SEC. 4. DEFINITIONS.
In this Act:
(1) Elementary school, free public education, and secondary
school.--The terms ``elementary school'', ``free public
education'', and ``secondary school'' have the meanings given
the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) 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)
and includes a public charter school that operates as a local
educational agency of the State in which the school is located.
(3) Outlying area.--The term ``outlying area'' means the
United States 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.
(4) Public library.--The term ``public library''--
(A) 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; and
(B) includes a research library, which, for
purposes of this subparagraph, means a library that--
(i) makes its services available to the
public free of charge;
(ii) has extensive collections of books,
manuscripts, and other materials suitable for
scholarly research that are not available to
the public through public libraries;
(iii) engages in the dissemination of
humanistic knowledge through the provision of
services to readers, fellowships, educational
and cultural programs, publication of
significant research, and other activities; and
(iv) is not an integral part of an
institution of higher education (as defined in
section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).
(5) 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 2005 - Authorizes the Secretary of Education to enter into cooperative agreements with states to establish state and multistate infrastructure banks for education.
Provides, under such agreements, that the Secretary will award grants to states for initial capital to make loans through such banks to local educational agencies and public libraries for construction, reconstruction, or renovation of public elementary or secondary schools and public library facilities.
Grants congressional consent to states to enter into an interstate compact to establish a multistate infrastructure bank through such an agreement with the Secretary.
Includes among infrastructure bank requirements that states contribute from nonfederal sources at least 25% of the amount of the federal grant.
Lists types of projects eligible to be funded by such bank loans. Applies Davis-Bacon Act wage requirements with respect to individuals employed on such projects. | {"src": "billsum_train", "title": "A bill to establish State infrastructure banks for education, and for other purposes."} | 3,088 | 174 | 0.376827 | 1.133936 | 0.719159 | 2.3375 | 18.83125 | 0.925 |
SECTION 1. ACQUISITION OF PROJECTS AND REMOVAL OF DAMS.
(a) In General.--The Elwha River Ecosystem and Fisheries
Restoration Act (106 Stat. 3173) is amended by striking section 3 and
inserting the following:
``SEC. 3. ACQUISITION OF PROJECTS.
``(a) In General.--As soon as practicable after sums are
appropriated for the purpose, the Secretary shall acquire the Elwha
Project and Glines Project for a purchase price of $29,500,000.
``(b) Release From Liability.--
``(1) In general.--Subject to paragraph (2), the
acquisition of the Projects shall be conditioned on a release
from liability providing that all obligations and liabilities
of the owner and the local industrial consumer to the United
States arising from the Projects, based on ownership or on a
license, permit, contract, or other authority (including
Project removal and any ecosystem, fish and wildlife
mitigation, and restoration obligations), shall, from the
moment of title transfer, be deemed to have been satisfied.
``(2) Liability to indian tribes.--The United States may
not assume or satisfy the liability, if any, of the owner or
local industrial consumer to any federally recognized Indian
tribe, nor shall any such liability be deemed satisfied without
the consent of the Indian tribe.
``(c) Elwha Project.--
``(1) Removal of dam.--
``(A) In general.--After acquiring the Elwha
Project, the Secretary shall remove the Elwha dam.
``(B) Protection of water supply.--
``(i) In general.--Before commencing
removal of the Elwha dam or taking any steps to
breach, bypass, or otherwise alter the water
flow from the Elwha dam, the Secretary shall
take all such actions as are necessary to
ensure the continued availability, after
removal of the dam, of the quantity and quality
of water that is available, as of the date of
enactment of this paragraph, to the city of
Port Angeles, Washington, the Dry Creek Water
Association, current (as of the date of
enactment of this paragraph) and future
industrial water users, and other current users
of water from the Elwha River.
``(ii) Actions included.--The actions that
the Secretary shall take under clause (i)
include--
``(I) the design, construction,
operation, and maintenance of new or
improved water treatment or storage
facilities; and
``(II) the mitigation of any injury
to fisheries and remediation of any
degradation in water quality that may
result from the removal of or any other
change in the water flow from the Elwha
dam.
``(iii) Payment of costs.--The cost of each
action taken under clause (i) shall be borne by
the Secretary.
``(2) Evaluation of effect of removal.--For a period of 12
years during the removal phase of the Elwha dam, the Secretary
shall make a thorough evaluation of the impact of removal of
the dam on fish runs.
``(3) Compensation for lost revenue.--After the acquisition
of the Projects, the Secretary shall pay the Clallam County
Board of Commissioners $150,000 per year for a period of 12
years for the purposes of recovering lost revenue under the
condition that the county dedicate at least 50 percent of each
payment to studying the river system before, during, and after
dam removal.
``(d) Glines Project.--
``(1) In general.--As soon as practicable after sums are
appropriated for the purpose, the Secretary shall acquire the
Glines Project.
``(2) Delay in removal of dam.--
``(A) In general.--The Secretary shall continue
operation of, and shall not commence removal of, the
Glines Canyon dam for a period of 12 years after the
Elwha dam has been removed.
``(B) Removal.--After the 12-year period described
in subparagraph (A), the Secretary may, subject to the
availability of appropriations, remove the Glines
Canyon Project, if the Secretary determines that the
benefit to fisheries and restoration of the natural
state of the river exceeds the value of power and the
desirability of the lake by a margin that is sufficient
to warrant the expenditure of the removal cost.
``(C) Engineering and design study.--As soon as
practicable after the date of enactment of this
paragraph, the Secretary shall--
``(i) complete an engineering and design
study to determine the most cost-effective
manner in which transmission lines and
operational controls can be reconfigured to
permit operation of the Glines Canyon dam
during the 12-year period described in
subsection (a)(2); and
``(ii) evaluate the impact that managing
the Glines Canyon Project for fisheries
restoration will have on future hydropower
operations.
``(3) Fisheries restoration enhancement efforts.--
``(A) In general.--To the extent practicable, the
Secretary shall develop and implement a comprehensive
fish enhancement plan with the Elwha Citizens
Commission, the Lower Elwha Klallam tribe, the National
Marine Fisheries Service, the Washington Department of
Fish and Wildlife, and other persons and entities
directly affected by management decisions on the Elwha
River.
``(B) Limitation.--The comprehensive fish
enhancement plan shall not compromise or preempt--
``(i) commitments for power generation on
the river in effect on the date of enactment of
this paragraph; or
``(ii) the authority of the Secretary to
remove the Glines Canyon Project before the 12-
year period described in subsection (a)(2) has
expired.''.
(b) Conforming Amendments.--The Elwha River Ecosystem and Fisheries
Restoration Act (106 Stat. 3173) is amended--
(1) in section 4--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``Effective'' and all that follows
through ``implement'' and inserting ``Effective
60 days after date of conveyance of the
Projects, the Secretary shall, subject to the
availability of appropriated funds, take such
actions as are necessary to implement''; and
(ii) in paragraph (1), by striking
``referred to in section 3(c)(2) for the
removal of the dams and full;'' and inserting
``for the removal of the Elwha dam and;'' and
(B) in the first sentence of subsection (b), by
striking ``referred to in section 3(c)(2)'';
(2) in section 5(a), by striking ``as provided in section
3(e)'';
(3) in section 6--
(A) in the first sentence of subsection (a), by
striking ``makes the determination to remove the dams
and''; and
(B) in the first sentence of subsection (b)(1)--
(i) by striking ``makes the determination
to remove the dams and''; and
(ii) by inserting ``of the Elwha Project''
after ``removal''; and
(4) in section 7(a)--
(A) by striking ``makes the determination to remove
the dams and''; and
(B) by inserting ``of the Elwha Project'' after
``removal''.
SEC. 2. COLUMBIA-SNAKE RIVER HYDROELECTRIC SYSTEM PROTECTION.
(a) In General.--Notwithstanding the Endangered Species Act (42
U.S.C. 4321 et seq.) or any other Federal or State law (including a
regulation), or Federal Energy Regulatory Commission license condition,
unless specifically authorized by an Act of Congress, a Federal or
State agency shall not require, approve, authorize, fund, or undertake
any action that would--
(1) impair the ability of flood control facilities located
in the Columbia-Snake River basin to adequately protect the
safety of humans and property from damage due to flooding;
(2) reduce the capability of the Federal Columbia River
Power System to generate electric energy or capacity below the
operations analyzed in the Preferred Alternative of the
Columbia River System Operation Review Final Environmental
Impact Statement, and thereafter adopted, in conjunction with
the National Marine Fisheries Service March 2, 1995 biological
opinion of Federal Columbia River Power System operations by
the Bonneville Power Administration, the Army Corps of
Engineers, and the Bureau of Reclamation except as may be
necessary for flood control or routine maintenance or repair of
generating units;
(3) reduce the power and energy generating capability of
any dam on the Columbia or Snake Rivers or their tributaries
licensed by the Federal Energy Regulatory Commission to a level
below 85 percent of its capability in 1990;
(4)(A) reduce the level of the Columbia-Snake River
reservoirs below minimum operating pools (as of the date of
enactment of this Act), except as may be necessary for flood
control or maintenance or repair of dam and navigation locks;
(B) reduce the reservoir levels below established minimum
irrigation pools; or
(C) further restrict access to the Columbia River or Snake
River for irrigation or recreational use;
(5) impair the Columbia-Snake River inland navigation
system from Bonneville Dam to Lewiston, Idaho (as of the date
of enactment of this Act), which shall remain at all times
fully operational as authorized by Congress;
(6) restrict or abrogate in any way the management or
control of State water rights; or
(7) require the release of stored water from any Federal,
State, or private water storage project.
(b) No Action Above River Mile 106.--Unless specifically authorized
by Congress--
(1) a Federal or State agency shall not take any action
above Columbia River mile 106 that would reduce the
Congressionally required minimum 14 foot navigation channel and
navigation lock sill clearance at minimum regulated flow,
except as may be necessary for purposes of flood control, or
maintenance and repairs; and
(2) no Federal funds may be expended to study the reduction
of the minimum channel depth or lock sill clearance unless
specifically authorized by Congress.
(c) Judicial Review.--
(1) In general.--Except to enforce this section, a Federal
or State court, in reviewing agency action concerning any
federally authorized or licensed dam or navigational lock in
the Columbia-Snake River basin, shall be without jurisdiction
to issue any equitable relief concerning the operation,
removal, breach, or structural modification of the dam or lock,
and decisions concerning the operation, removal, breach, or
structural modification of those dams and locks are declared to
be within the exclusive competence of Congress.
(2) Civil action.--A person whose interests may be
adversely affected by a violation of this section may bring a
civil action in the person's own behalf to enjoin any person,
including the United States and any governmental
instrumentality or agency (to the extent permitted by the 11th
amendment to the Constitution), from continuation of the
violation.
(3) Period of limitation.--A civil action to enjoin a
violation of this section shall be brought not later than 90
days of the date on which the agency action becomes final.
(4) Exclusive venue.--A civil action to enjoin a violation
of this section may be brought only in the United States
District Court for the District of Columbia.
(5) Stay.--On motion by any party to a civil action under
this subsection, the Court, without requiring bond or security
of any kind, shall immediately stay implementation of the
agency action pending final judgment (including judgment after
appeal) in the civil action. | Amends the Elwha River Ecosystem and Fisheries Restoration Act to direct the Secretary of the Interior, as soon as sums are appropriated, to acquire the Elwha and Glines Canyon Projects (Clallam County, Washington, hydroelectric power projects) for a purchase price of $29.5 million. Conditions such acquisition on a release of the owners and local industrial consumer from liability to the United States arising from such Projects. Prohibits the United States from assuming or satisfying the liability of such owners or consumer to any federally recognized Indian tribe.
Directs the Secretary: (1) after acquiring the Elwha Project, to remove the Elwha dam, taking necessary action to ensure the continued availability of current water quality and quantity to specified areas and users; (2) for a period of 12 years during such removal, to thoroughly evaluate the removal's impact on fish runs; and (3) to pay specified compensation to the Clallam County Board of Commissioners for revenues lost due to such removal (with a specified condition).
Directs the Secretary to continue operation of, and not commence removal of, the Glines Canyon dam for a period of 12 years after the Elwha dam has been removed. Authorizes the Secretary, after such period, to remove the Glines Project if the benefit to fisheries and natural restoration of the Elwha River exceeds the value of power and the desirability of the lake by a margin sufficient to warrant the expenditure of the removal cost. Directs the Secretary to: (1) complete a Glines Canyon engineering and design study concerning the reconfiguration of Canyon transmission lines and dam operational controls during the 12-year period; and (2) evaluate the impact that managing such Project for fisheries restoration will have on future hydropower operations.
Directs the Secretary to develop and implement a comprehensive fish enhancement plan with the Elwha Citizens Commission, the Lower Elwha Klallam tribe, the National Marine Fisheries Service, the Washington Department of Fish and Wildlife, and other entities directly affected by management decisions on the Elwha River.
Prohibits, unless specifically authorized by an Act of Congress, any Federal or State agency from taking any action that would impair or reduce the flood control facilities, power generation capabilities, reservoir levels, and related components within the Columbia-Snake River basin. Prohibits any action above Columbia River mile 106 that would reduce the congressionally required minimum 14-foot navigation channel and navigation lock sill clearance at minimum regulated flow, except as necessary for flood control or maintenance and repairs. Limits Federal or State judicial review with respect to actions concerning such basin. Provides a civil action for persons whose interests may be adversely affected by a violation of this section. | {"src": "billsum_train", "title": "A bill to amend the Elwha River Ecosystem and Fisheries Restoration Act to provide further for the acquisition and removal of the Elwha dam and acquisition of Glines Canyon dam and the restoration of the Elwha River ecosystem and native anadromous fisheries, and for other purposes."} | 2,556 | 582 | 0.689607 | 2.416116 | 0.652391 | 3.762745 | 4.639216 | 0.923529 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Tax Rate Reduction
Act of 1994''.
(b) Section 15 Not To Apply.--No amendment made by this Act, and no
change in a rate pursuant to section 1(f)(8) of the Internal Revenue
Code of 1986 (as amended by this Act), shall be treated as a change in
a rate of tax for purposes of section 15 of such Code.
SEC. 2. REDUCTION IN INDIVIDUAL INCOME TAX RATES.
(a) Repeal of 39.6% Rate.--
(1) Each of the tables contained in subsections (a), (b),
(c), (d), and (e) of section 1 of the Internal Revenue Code of
1986 is amended by striking the last item in each column
(relating to 39.6 percent rate bracket).
(2) Each of the tables contained in subsections (a), (b),
and (c) of section 1 of such Code is amended by striking ``but
not over $250,000''.
(3) The table contained in subsection (d) of section 1 of
such Code is amended by striking ``but not over $125,000''.
(4) The table contained in subsection (e) of section 1 of
such Code is amended by striking ``but not over $7,500''.
(b) Additional Rate Reductions.--
(1) In general.--Subsection (f) of section 1 of such Code
is amended by adding at the end the following new paragraph:
``(8) Rate reductions.--In prescribing the tables under
paragraph (1) which apply with respect to taxable years
beginning in a calendar year after 1994, the corresponding
percentages specified for such calendar year in the following
table shall be substituted for 15%, 28%, 31%, and 36%,
respectively, in subsections (a), (b), (c), (d), and (e).
------------------------------------------------------------------------
The corresponding percentage shall be
In the case of taxable years substituted for the following percentages:
beginning during calendar -------------------------------------------
year: 15% 28% 31% 36%
------------------------------------------------------------------------
1995........................ 14% 28% 31% 34%
1996........................ 13% 26% 29% 33%
1997........................ 12% 24% 27% 33%
1998 or thereafter.......... 12% 22% 25% 33%.''
------------------------------------------------------------------------
(2) Technical amendments.--
(A) Subparagraph (B) of section 1(f)(2) of such
Code is amended by inserting ``except as provided in
paragraph (8),'' before ``by not changing''.
(B) Subparagraph (C) of section 1(f)(2) of such
Code is amended by inserting ``and the reductions under
paragraph (8) in the rates of tax'' before the period.
(C) The heading for subsection (f) of section 1 of
such Code is amended by inserting ``Rate Reductions;''
before ``Adjustments''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994.
SEC. 3. REPEAL OF OVERALL LIMITATION ON ITEMIZED DEDUCTIONS.
(a) In General.--Section 68 of the Internal Revenue Code of 1986 is
hereby repealed.
(b) Technical Amendments.--
(1) Subparagraph (A) of section 1(f)(6) of such Code is
amended by striking ``section 68(b)(2)''.
(2) Paragraph (1) of section 56(b) of such Code is amended
by striking subparagraph (F).
(3) The table of sections for part I of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 68.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994.
SEC. 4. REPEAL OF PHASEOUT OF PERSONAL EXEMPTIONS.
(a) In General.--Subsection (d) of section 151 of the Internal
Revenue Code of 1986 (relating to exemption amount) is amended by
striking paragraphs (3) and (4) and inserting the following new
paragraph:
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 1989, the dollar amount
contained in paragraph (1) shall be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, by substituting `calendar year
1988' for `calendar year 1992' in subparagraph (B)
thereof.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1994. | Tax Rate Reduction Act of 1994 - Amends the Internal Revenue Code to repeal the highest income tax rate for individuals, lower the highest taxable income threshold, and reduce individual income tax rates from 1995 until 1998.
Repeals the overall limitation on itemized deductions and the phaseout of personal exemptions. | {"src": "billsum_train", "title": "Tax Rate Reduction Act of 1994"} | 1,166 | 66 | 0.492112 | 1.032672 | 0.050798 | 2.309091 | 18.218182 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Peck Rural County Water Supply
System Act of 1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) there is a need for a water supply system in rural
northeast Montana to provide a safe, reliable, and adequate
water supply within the area under the jurisdiction of the Fort
Peck Rural County Water District, Inc.;
(2) no public water supply system currently serves the
area;
(3) ground water sources in the area are not potable;
(4) the construction of a water supply system will allow
for economic enhancement in Valley County in northeastern
Montana; and
(5)(A) adverse impacts on Montana, including the flooding
of thousands of acres of productive crop land by the Fort Peck
Reservoir, were caused by the construction of the Fort Peck Dam
in 1939; and
(B) the impacts have never been mitigated, and the
predicted benefits of the construction of the dam have never
been realized.
(b) Purposes.--The purposes of this Act are--
(1) to authorize the construction of a water treatment
facility and distribution system to provide clean and safe
water for domestic and limited livestock use to residents and
landowners within the area under the jurisdiction of the
District; and
(2) to allocate Federal funding for the construction of the
water supply system instead of funding for agricultural
irrigation systems, which has not been appropriated, as
intended and as authorized under the Pick-Sloan Missouri River
Basin Program (authorized by section 9 of the Act entitled ``An
Act authorizing the construction of certain public works on
rivers and harbors for flood control, and for other purposes'',
approved December 22, 1944 (commonly known as the ``Flood
Control Act of 1944'') (58 Stat. 891)).
SEC. 3. DEFINITIONS.
In this Act (unless the context clearly requires otherwise):
(1) Construction.--The term ``construction'' means such
activities associated with the actual development or
construction of facilities as are initiated on execution of
contracts for construction.
(2) District.--The term ``District'' means the Fort Peck
Rural County Water District, Inc., a nonprofit corporation in
Montana.
(3) Feasibility study.--The term ``feasibility study''
means the study entitled ``Final Engineering Report and
Alternative Evaluation for the Fort Peck Rural County Water
District'', dated September 1994, that includes a water
conservation plan, environmental report, and economic
enhancement component.
(4) Planning.--The term ``planning'' means activities such
as data collection, evaluation, design, and other associated
preconstruction activities required prior to the execution of
contracts for construction.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Water supply system.--The term ``water supply system''
means the Fort Peck Rural County Water Supply System, to be
established and operated substantially in accordance with the
feasibility study.
SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.
(a) In General.--The Secretary shall enter into a cooperative
agreement with the District for the planning, design, and construction
by the District of the water supply system.
(b) Service Area.--The water supply system shall provide for safe
and adequate rural water supplies, economic enhancement, mitigation of
wetland areas, and water conservation in the area under the
jurisdiction of
the District in Valley County, northeastern Montana (as described in
the feasibility study).
(c) Amount of Federal Contribution.--
(1) In general.--Subject to paragraph (3), under the
cooperative agreement, the Secretary shall pay the Federal
share of--
(A) the amount allocated in the total budget for
the planning, design, and construction of the water
supply system (as identified in the feasibility study);
and
(B) such sums as are necessary to defray increases
in the budget.
(2) Federal share.--The Federal share referred to in
paragraph (1) shall be 80 percent and shall not be
reimbursable.
(3) Total.--The amount of Federal funds made available
under the cooperative agreement shall not exceed the amount of
funds authorized to be appropriated under section 9.
(4) Limitations.--Not more than 5 percent of the amount of
Federal funds made available to the Secretary under section 9
may be used for activities associated with--
(A) compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) oversight of the planning, design, and
construction by the District of the water supply
system.
(d) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the water
supply system until the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met.
SEC. 5. WATER CONSERVATION PROGRAM.
The District shall design a water conservation program to ensure
that users of water from the water supply system will use the best
practicable technology and management techniques to conserve water use.
The program shall contain provisions for periodic review and revision
by the District, in cooperation with the Secretary.
SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES.
In accordance with the feasibility study, mitigation for fish and
wildlife losses incurred as a result of the construction and operation
of the water supply system shall be on an acre-for-acre basis, based on
ecological equivalency and concurrent with project construction.
SEC. 7. EFFECT ON WATER PROJECTS IN STATES.
Nothing in this Act limits the authorization for water projects in
Montana under any law that is in effect on, or takes effect after, the
date of enactment of this Act.
SEC. 8. EFFECT ON WATER RIGHTS.
Nothing in this Act--
(1) invalidates or preempts State water law or an
interstate compact governing water;
(2) alters the right of any State to any appropriated share
of the waters of any body of surface or ground water, whether
determined under any interstate compact, or any legislative or
final judicial allocation, that is in effect on, or takes
effect after, the date of enactment of this Act;
(3) preempts or modifies any Federal or State law, or
interstate compact, governing water quality or disposal; or
(4) confers on any non-Federal entity the option to
exercise any Federal right to the waters of any stream or to
any ground water source.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$5,800,000, to remain available until expended. The funds authorized to
be appropriated may be increased or decreased by such amounts as are
justified by reason of ordinary fluctuations in development costs
incurred after October 1, 1994, as indicated by engineering cost
indices applicable to the type of construction project authorized under
this Act. | Fort Peck Rural County Water Supply System Act of 1995 - Requires the Secretary of the Interior to enter into a cooperative agreement with the Fort Peck Rural County Water District, Inc., in Montana for the planning, design, and construction by the District of the Fort Peck Rural County Water Supply System.
Requires the System to provide for safe and adequate rural water supplies, economic enhancement, mitigation of wetland areas, and water conservation in the area under the District's jurisdiction in Valley County, northeastern Montana.
Requires the Secretary, under such agreement, to pay: (1) 80 percent, without reimbursement, of the amount allocated in the total budget for the planning, design, and construction of the System (as described in the Final Engineering Report and Alternative Evaluation for the Fort Peck Rural County Water District, dated September 1994, (feasibility study)); and (2) such sums as are necessary to defray increases in the budget. Prohibits the amount of the Federal funds made available under the agreement from exceeding the authorized appropriations under this Act. Allows not more than five percent of such funds to be used for activities associated with: (1) compliance with the National Environmental Policy Act of 1969; and (2) oversight of the planning, design, and construction by the District of the System. Provides that the requirements of such Act must be met before the Secretary obligates funds for the construction of the System.
Requires the District to design a water conservation program to ensure that users of water from the System will use the best practicable technology and management techniques to conserve water use.
Requires, in accordance with the feasibility study, that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the System be on an acre-for-acre basis, based on ecological equivalency and concurrent with project construction.
Authorizes appropriations. | {"src": "billsum_train", "title": "Fort Peck Rural County Water Supply System Act of 1995"} | 1,550 | 410 | 0.673156 | 2.243628 | 0.746933 | 5.209809 | 3.899183 | 0.948229 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Emergency Student
Loan Consolidation Act of 1997''.
(b) References.--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
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 2. LOAN CONSOLIDATION PROVISIONS.
(a) Definition of Loans Eligible for Consolidation.--Section
428C(a)(4) (20 U.S.C. 1078-3(a)(4)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) made under part D of this title, except that
loans made under such part shall be eligible student
loans only for consolidation loans for which the
application is received by an eligible lender during
the period beginning on the date of enactment of the
Emergency Student Loan Consolidation Act of 1997 and
ending on October 1, 1998;''.
(b) Terms of Consolidation Loans.--Section 428C(b)(4)(C)(ii) is
amended--
(1) in subclause (I), by inserting after ``consolidation
loan'' the following: ``for which the application is received
by an eligible lender before the date of enactment of the
Emergency Student Loan Consolidation Act of 1997, or on or
after October 1, 1998,'' ;
(2) by striking ``or'' at the end of subclause (I);
(3) by inserting ``or (II)'' before the semicolon at the
end of subclause (II);
(4) by redesignating subclause (II) as subclause (III); and
(5) by inserting after subclause (I) the following new
subclause:
``(II) by the Secretary, in the case of a
consolidation loan for which the application is
received by an eligible lender on or after the
date of enactment of the Emergency Student Loan
Consolidation Act of 1997 and before October 1,
1998, except that the Secretary shall pay such
interest only on that portion of the loan that
repays Federal Stafford Loans for which the
student borrower received an interest subsidy
under section 428 or Federal Direct Stafford
Loans for which the borrower received an
interest subsidy under section 455; or''.
(c) Nondiscrimination in Loan Consolidation.--Section 428C(b) is
amended by adding at the end the following new paragraph:
``(6) Nondiscrimination in loan consolidation.--An eligible
lender that makes consolidation loans under this section shall
not discriminate against any borrower seeking such a loan--
``(A) based on the number or type of eligible
student loans the borrower seeks to consolidate;
``(B) based on the type or category of institution
of higher education that the borrower attended;
``(C) based on the interest rate that is authorized
to be collected with respect to the consolidation loan;
or
``(D) with respect to the types of repayment
schedules offered to such borrower.''.
(d) Interest Rate.--Section 428C(c)(1) is amended--
(1) in the first sentence of subparagraph (A), by striking
``(B) or (C)'' and inserting ``(B), (C), or (D)''; and
(2) by adding at the end the following new subparagraph:
``(D) A consolidation loan for which the application is
received by an eligible lender on or after the date of
enactment of the Emergency Student Loan Consolidation Act of
1997 and before October 1, 1998, shall bear interest at an
annual rate on the unpaid principal balance of the loan that is
equal to the rate specified in section 427A(f), except that the
eligible lender may continue to calculate interest on such a
loan at the rate previously in effect and defer, until not
later than April 1, 1998, the recalculation of the interest on
such a loan at the rate required by this subparagraph if the
recalculation is applied retroactively to the date on which the
loan is made.''.
(e) Amendments Effective for Pending Applicants.--The consolidation
loans authorized by the amendments made by this section shall be
available notwithstanding any pending application by a student for a
consolidation loan under part D of title IV of the Higher Education Act
of 1965, upon withdrawal of such application by the student at any time
prior to receipt of such a consolidation loan.
SEC. 3. ADMINISTRATIVE EXPENSE REDUCTIONS.
Section 458(a)(1) (20 U.S.C. 1087h(a)(1)) is amended by striking
``$532,000,000'' and inserting ``$507,000,000''.
SEC. 4. TREATMENT OF TAX BENEFITS.
(a) Family Contribution for Dependent Students.--
(1) Parents' available income.--Section 475(c)(1) is
amended--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) the amount of any tax credit taken by the
parents under section 25A of the Internal Revenue Code
of 1986.''.
(2) Student contribution from available income.--Section
475(g)(2) is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(C) by inserting after subparagraph (D) the
following new subparagraph:
``(E) the amount of any tax credit taken by the
student under section 25A of the Internal Revenue Code
of 1986.''.
(b) Family Contribution for Independent Students Without Dependents
Other Than a Spouse.--Section 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A))
is amended--
(1) by striking ``and'' at the end of clause (iv); and
(2) by inserting after clause (v) the following new clause:
``(vi) the amount of any tax credit taken
under section 25A of the Internal Revenue Code
of 1986; and''.
(c) Family Contribution for Independent Students With Dependents
Other Than a Spouse.--Section 477(b)(1) (20 U.S.C. 1087qq(b)(1)) is
amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) the amount of any tax credit taken under
section 25A of the Internal Revenue Code of 1986.''.
(d) Total Income.--Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is
amended--
(1) by striking ``individual, and'' and inserting
``individual,''; and
(2) by inserting ``and no portion of any tax credit taken
under section 25A of the Internal Revenue Code of 1986,''
before ``shall be included''.
(e) Other Financial Assistance.--Section 480(j) is amended by
adding at the end the following new paragraph:
``(4) Notwithstanding paragraph (1), a tax credit taken under
section 25A of the Internal Revenue Code of 1986 shall not be treated
as estimated financial assistance for purposes of section 471(3).''.
Passed the House of Representatives October 21, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Emergency Student Loan Consolidation Act of 1997 - Amends the Higher Education Act of 1965 (HEA) to allow until October 1, 1998, the consolidation, under the Federal Family Education Loan Program (FFELP), of all of a student's loans under both the FFELP and the Direct Loan Program. Requires an application for such a consolidation loan to be received by an eligible lender between the date of enactment of this Act and October 1, 1998. (Authorizes such consolidation of loans under both programs into single FFELP consolidation loans, which may be administered by entities other than the Department of Education, for an emergency period until October 1, 1998, to provide time to reduce a backlog in processing consolidation of both types of loans into Direct Lending Consolidation loans administered by the Department of Education.)
Prohibits an eligible lender from discriminating against any borrower seeking such a consolidation loan: (1) based on the number or type of eligible student loans the borrower seeks to consolidate; (2) based on the type or category of institution of higher education that the borrower attended; (3) based on the interest rate authorized to be collected with respect to the consolidation loan; or (4) with respect to the types of repayment schedules offered to such borrower.
Sets forth required interest rates for such consolidation loans.
Makes such consolidation loans available notwithstanding any pending application by a student for a direct consolidation loan, upon the student's withdrawal of such application.
Reduces the amount of certain funds available for administrative expenses under HEA student assistance provisions.
Revises HEA need analysis requirements to exclude from the calculation of available family income, and so reduce the family contribution for dependent or independent students by, the amount of the Hope Tax Credit taken by the student, the student's parents, or the student's spouse (thus providing that students will not receive reduced financial aid as a result of qualifying for and receiving the new Hope Tax Credits under the Internal Revenue Code). | {"src": "billsum_train", "title": "Emergency Student Loan Consolidation Act of 1997"} | 1,880 | 428 | 0.544898 | 1.526849 | 0.735084 | 3.007833 | 4.174935 | 0.819843 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Law Enforcement
Congressional Badge of Bravery Act of 2007''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) According to the Department of Justice, in the past 7
years, an average of 150 Federal law enforcement officers per
year sustained physical injuries while dealing with an
assaultive subject.
(2) More than 70 Federal agencies employ Federal law
enforcement officers but only 2 such agencies have an awards
mechanism to recognize Federal law enforcement officers who are
injured in the line of duty.
(3) In contrast to the lack of an awards mechanism for
Federal law enforcement officers, the President awards the
Purple Heart for military personnel wounded or killed during
armed service, and most State and local police departments have
commendations and medals for officers who are injured in the
line of duty.
(4) Formal congressional recognition does not exist to
honor Federal law enforcement officers who are injured in the
line of duty.
(5) It is appropriate for Congress to recognize and honor
the brave men and women in Federal law enforcement who are
injured while putting themselves at personal risk in the line
of duty.
SEC. 3. AUTHORIZATION OF A BADGE.
The Attorney General may award, and a Member of Congress or the
Attorney General may present, in the name of Congress a Congressional
Badge of Bravery (in this Act referred to as the ``Badge'') to a
Federal law enforcement officer who is cited by the Attorney General,
upon the recommendation of the Congressional Badge of Bravery Board,
for sustaining a physical injury while in the line of duty.
SEC. 4. NOMINATIONS.
(a) In General.--An agency head may nominate for a Badge an
individual who meets the following criteria:
(1) The individual is a Federal law enforcement officer
working within the agency of the agency head making the
nomination.
(2) The individual sustained a physical injury while
engaged in his or her lawful duties.
(3) The individual put himself or herself at personal risk
when the injury described in paragraph (2) occurred.
(4) The injury described in paragraph (2) occurred during
some form of conduct characterized as bravery by the agency
head making the nomination.
(b) Contents.--A nomination under subsection (a) shall include--
(1) a written narrative, of not more than 2 pages,
describing the circumstances under which the nominee sustained
a physical injury described in subsection (a) and how the
circumstances meet the criteria described in such subsection;
(2) the full name of the nominee;
(3) the home mailing address of the nominee;
(4) the agency in which the nominee served on the date when
such nominee sustained a physical injury described in
subsection (a);
(5) the occupational title and grade or rank of the
nominee;
(6) the field office address of the nominee on the date
when such nominee sustained a physical injury described in
subsection (a); and
(7) the number of years of Government service by the
nominee as of the date when such nominee sustained a physical
injury described in subsection (a).
(c) Submission Deadline.--An agency head shall submit each
nomination under subsection (a) to the Congressional Badge of Bravery
Office by February 15 of the year following the date on which the
nominee sustained a physical injury described in subsection (a).
SEC. 5. CONGRESSIONAL BADGE OF BRAVERY BOARD.
(a) Establishment.--There is established within the Department of
Justice a Congressional Badge of Bravery Board (in this Act referred to
as the ``Board'').
(b) Duties.--The Board shall do the following:
(1) Design the Badge with appropriate ribbons and
appurtenances.
(2) Select an engraver to produce each Badge.
(3) Recommend recipients of the Badge from among those
nominations timely submitted to the Congressional Badge of
Bravery Office.
(4) Annually present to the Attorney General the names of
Federal law enforcement officers who the Board recommends as
Badge recipients in accordance with the criteria described in
section 4(a).
(5) After approval by the Attorney General--
(A) procure the Badges from the engraver selected
under paragraph (2);
(B) send a letter announcing the award of each
Badge to the agency head who nominated the recipient of
such Badge;
(C) send a letter to each Member of Congress
representing the congressional district where the
recipient of each Badge resides to offer such Member an
opportunity to present such Badge; and
(D) make or facilitate arrangements for presenting
each Badge in accordance with section 7.
(6) Set an annual timetable for fulfilling the duties
described in this subsection.
(c) Membership.--
(1) Number and appointment.--The Board shall be composed of
7 members (in this Act referred to as the ``Board members'')
appointed as follows:
(A) One member jointly appointed by the majority
leader and minority leader of the Senate.
(B) One member jointly appointed by the Speaker and
minority leader of the House of Representatives.
(C) One member from the Department of Justice
appointed by the Attorney General.
(D) One member from the Department of Homeland
Security appointed by the Secretary of Homeland
Security.
(E) Three members of the Federal Law Enforcement
Officers Association appointed by the Executive Board
of the Federal Law Enforcement Officers Association.
(2) Limitation.--No more than 5 Board members may be
members of the Federal Law Enforcement Officers Association.
(3) Qualifications.--Board members shall be individuals
with knowledge or expertise, whether by experience or training,
in the field of Federal law enforcement.
(4) Terms and vacancies.--Each Board member shall be
appointed for 2 years and may be reappointed. A vacancy in the
Board shall not affect the powers of the Board and shall be
filled in the same manner as the original appointment.
(d) Operations.--
(1) Chairperson.--The Chairperson of the Board shall be a
Board member elected by a majority of the Board.
(2) Meetings.--The Board shall conduct its first meeting
not later than 90 days after the appointment of a majority of
Board members. Thereafter, the Board shall meet at the call of
the Chairperson, or in the case of a vacancy of the position of
Chairperson, at the call of the Attorney General.
(3) Voting and rules.--A majority of Board members shall
constitute a quorum to conduct business, but the Board may
establish a lesser quorum for conducting hearings scheduled by
the Board. The Board may establish by majority vote any other
rules for the conduct of the business of the Board, if such
rules are not inconsistent with this Act or other applicable
law.
(e) Powers.--
(1) Hearings.--
(A) In general.--The Board may hold hearings, sit
and act at times and places, take testimony, and
receive evidence as the Board considers appropriate to
carry out the duties of the Board under this Act. The
Board may administer oaths or affirmations to witnesses
appearing before it.
(B) Witness expenses.--Witnesses requested to
appear before the Board may be paid the same fees as
are paid to witnesses under section 1821 of title 28,
United States Code. The per diem and mileage allowances
for witnesses shall be paid from funds appropriated to
the Board.
(2) Information from federal agencies.--Subject to sections
552, 552a, and 552b of title 5, United States Code--
(A) the Board may secure directly from any Federal
department or agency information necessary to enable it
to carry out this Act; and
(B) upon request of the Board, the head of that
department or agency shall furnish the information to
the Board.
(3) Information to be kept confidential.--The Board shall
not disclose any information which may compromise an ongoing
law enforcement investigation or is otherwise required by law
to be kept confidential.
(f) Compensation.--
(1) In general.--Except as provided in paragraph (2), each
Board member shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time) during
which such Board member is engaged in the performance of the
duties of the Board.
(2) Prohibition of compensation for government employees.--
Board members who serve as officers or employees of Federal, a
State, or a local government may not receive additional pay,
allowances, or benefits by reason of their service on the
Board.
(3) Travel expenses.--Each Board member shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
SEC. 6. CONGRESSIONAL BADGE OF BRAVERY OFFICE.
There is established within the Department of Justice a
Congressional Badge of Bravery Office (in this Act referred to as the
``Office''). The Office shall--
(1) receive nominations from agency heads on behalf of the
Board and deliver such nominations to the Board at Board
meetings described in section 5(d)(2); and
(2) provide staff support to the Board to carry out the
duties described in section 5(b).
SEC. 7. PRESENTATION OF BADGES.
(a) Presentation by Member of Congress.--A Member of Congress may
present a Badge to any Badge recipient who resides in such Member's
congressional district. If both a Senator and Representative choose to
present a Badge, such Senator and Representative shall make a joint
presentation.
(b) Presentation by Attorney General.--If no Member of Congress
chooses to present the Badge as described in subsection (a), the
Attorney General, or a designee of the Attorney General, shall present
such Badge.
(c) Presentation Arrangements.--The office of the Member of
Congress presenting each Badge may make arrangements for the
presentation of such Badge, and if a Senator and Representative choose
to participate jointly as described in subsection (a), the Members
shall make joint arrangements. The Board shall facilitate any such
presentation arrangements as requested by the congressional office
presenting the Badge and shall make arrangements in cases not
undertaken by Members of Congress.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(a) Federal Law Enforcement Officer.--The term ``Federal law
enforcement officer'' means a Federal employee--
(1) who has statutory authority to make arrests;
(2) who is authorized by his or her agency to carry
firearms; and
(3) whose duties are primarily--
(A) the investigation, apprehension, or detention
of individuals suspected or convicted of a Federal
criminal offense; or
(B) the protection of Federal officials against
threats to personal safety.
(b) Agency Head.--The term ``agency head'' means the head of any
executive, legislative, or judicial branch Government entity that
employs Federal law enforcement officers. | Federal Law Enforcement Congressional Badge of Bravery Act of 2007 - Authorizes the Attorney General to award a Congressional Badge of Bravery to a federal law enforcement officer who sustains a physical injury in the line of duty. Sets forth requirements for agencies in nominating a law enforcement officer for a Badge.
Establishes within the Department of Justice: (1) a Congressional Badge of Bravery Board to made recommendations for awarding a Badge; and (2) a Congressional Badge of Bravery Office to assist the Board.
Authorizes Members of Congress or the Attorney General to make the presentations of Badges to law enforcement officers. | {"src": "billsum_train", "title": "To establish an awards mechanism to honor Federal law enforcement officers injured in the line of duty."} | 2,380 | 144 | 0.641059 | 1.65794 | 0.749704 | 3.157895 | 20.052632 | 0.877193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Safety and Law Enforcement
Improvement Act''.
TITLE I--SMALL COMMUNITY LAW ENFORCEMENT IMPROVEMENT GRANTS
SEC. 101. SMALL COMMUNITY GRANT PROGRAM.
Section 1703 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by adding at the
end the following:
``(d) Retention Grants.--
``(1) In general.--The Attorney General may make grants to
units of local government and tribal governments located
outside a Standard Metropolitan Statistical Area, which grants
shall be targeted specifically for the retention for 1
additional year of police officers funded through the COPS
Universal Hiring Program, the COPS FAST Program, the Tribal
Resources Grant Program-Hiring, or the COPS in Schools Program.
``(2) Preference.--In making grants under this subsection,
the Attorney General shall give preference to grantees that
demonstrate financial hardship or severe budget constraint that
impacts the entire local budget and may result in the
termination of employment for police officers described in
paragraph (1).
``(3) Limit on grant amounts.--The total amount of a grant
made under this subsection shall not exceed 20 percent of the
original grant to the grantee.
``(4) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to carry out this subsection $15,000,000
for each of fiscal years 2002 through 2006.
``(B) Set-aside.--Of the amount made available for
grants under this subsection for each fiscal year, 10
percent shall be awarded to tribal governments.''.
SEC. 102. SMALL COMMUNITY TECHNOLOGY GRANT PROGRAM.
Section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended by striking
subsection (k) and inserting the following:
``(k) Law Enforcement Technology Program.--
``(1) In general.--Grants under subsection (a)(1)(C) may be
made and used in accordance with this subsection to assist the
police departments of units of local government and tribal
governments located outside a Standard Metropolitan Statistical
Area in employing professional, scientific, and technological
advancements that will help those police departments to--
``(A) improve police communications through the use
of wireless communications, computers, software,
videocams, databases and other hardware and software
that allow law enforcement agencies to communicate and
operate more effectively; and
``(B) develop and improve access to crime solving
technologies, including DNA analysis, photo
enhancement, voice recognition, and other forensic
capabilities.
``(2) Cost share requirement.--A recipient of a grant made
and used in accordance with this subsection shall provide
matching funds from non-Federal sources in an amount equal to
not less than 10 percent of the total amount of the grant made
under this subsection, subject to a waiver by the Attorney
General for extreme hardship.
``(3) Administration.--The office of the Department of
Justice responsible for administering subsection (a)(1)(C)
shall administer the grant program under this subsection.
``(4) No supplanting.--Federal funds provided under this
subsection shall be used to supplement and not to supplant
local funds allocated to technology.
``(5) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated $40,000,000 for each of fiscal years 2002
through 2006 to carry out this subsection.
``(B) Set-aside.--Of the amount made available for
grants under this subsection for each fiscal year, 10
percent shall be awarded to tribal governments.''.
SEC. 103. RURAL 9-1-1 SERVICE.
(a) Purpose.--The purpose of this section is to provide access to,
and improve a communications infrastructure that will ensure a reliable
and seamless communication between, law enforcement, fire, and
emergency medical service providers in units of local government and
tribal governments located outside a Standard Metropolitan Statistical
Area and in States.
(b) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall make grants, in accordance with such
regulations as the Attorney General may prescribe, to units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area for the purpose of establishing or
improving 9-1-1 service in those communities. Priority in making grants
under this section shall be given to communities that do not have 9-1-1
service.
(c) Definition.--In this section, the term ``9-1-1 service'' refers
to telephone service that has designated 9-1-1 as a universal emergency
telephone number in the community served for reporting an emergency to
appropriate authorities and requesting assistance.
(d) Limit on Grant Amount.--The total amount of a grant made under
this section shall not exceed $250,000.
(e) Funding.--
(1) In general.--There are authorized to be appropriated to
carry out this section $25,000,000 for fiscal year 2002, to
remain available until expended.
(2) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments.
TITLE II--CRACKING DOWN ON METHAMPHETAMINE
SEC. 201. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.
Subpart I of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended by inserting after section 509 the
following:
``SEC. 510A. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Substance Abuse Treatment, shall make grants to
community-based public and nonprofit private entities for the
establishment of substance abuse (particularly methamphetamine)
prevention and treatment pilot programs in units of local government
and tribal governments located outside a Standard Metropolitan
Statistical Area.
``(b) Administration.--Grants made in accordance with this section
shall be administered by a single State agency designated by a State to
ensure a coordinated effort within that State.
``(c) Application.--To be eligible to receive a grant under
subsection (a), a public or nonprofit private entity shall prepare and
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
``(d) Use of Funds.--A recipient of a grant under this section
shall use amounts received under the grant to establish a
methamphetamine abuse prevention and treatment pilot program that
serves one or more rural areas. Such a pilot program shall--
``(1) have the ability to care for individuals on an in-
patient basis;
``(2) have a social detoxification capability, with direct
access to medical services within 50 miles;
``(3) provide neuro-cognitive skill development services to
address brain damage caused by methamphetamine use;
``(4) provide after-care services, whether as a single-
source provider or in conjunction with community-based services
designed to continue neuro-cognitive skill development to
address brain damage caused by methamphetamine use;
``(5) provide appropriate training for the staff employed
in the program; and
``(6) use scientifically-based best practices in substance
abuse treatment, particularly in methamphetamine treatment.
``(e) Amount of Grants.--The amount of a grant under this section
shall be at least $19,000 but not greater than $100,000.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$2,000,000 to carry out this section.
``(2) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments to ensure the provision of services under this
section.''.
SEC. 202. METHAMPHETAMINE PREVENTION EDUCATION.
Section 519E of the Public Health Service Act (42 U.S.C. 290bb-25e)
is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(H) to fund programs that educate rural
communities, particularly parents, teachers, and others
who work with youth, concerning the early signs and
effects of methamphetamine use, however, as a
prerequisite to receiving funding, these programs
shall--
``(i) prioritize methamphetamine prevention
and education;
``(ii) have past experience in community
coalition building and be part of an existing
coalition that includes medical and public
health officials, educators, youth-serving
community organizations, and members of law
enforcement;
``(iii) utilize professional prevention
staff to develop research and science based
prevention strategies for the community to be
served;
``(iv) demonstrate the ability to operate a
community-based methamphetamine prevention and
education program;
``(v) establish prevalence of use through a
community needs assessment;
``(vi) establish goals and objectives based
on a needs assessment; and
``(vii) demonstrate measurable outcomes on
a yearly basis.'';
(2) in subsection (e)--
(A) by striking ``subsection (a), $10,000,000'' and
inserting ``subsection (a)--
``(1) $10,000,000'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) $5,000,000 for each of fiscal years 2002 through 2006
to carry out the programs referred to in subsection
(c)(1)(H).''; and
(3) by adding at the end the following:
``(f) Set-Aside.--Of the amount made available for grants under
this section, 10 percent shall be used to assist tribal governments.
``(g) Amount of Grants.--The amount of a grant under this section,
with respect to each rural community involved, shall be at least
$19,000 but not greater than $100,000.''.
SEC. 203. METHAMPHETAMINE CLEANUP.
(a) In General.--The Attorney General shall, through the Department
of Justice or through grants to States or units of local government and
tribal governments located outside a Standard Metropolitan Statistical
Area, in accordance with such regulations as the Attorney General may
prescribe, provide for--
(1) the cleanup of methamphetamine laboratories and related
hazardous waste in units of local government and tribal
governments located outside a Standard Metropolitan Statistical
Area; and
(2) the improvement of contract-related response time for
cleanup of methamphetamine laboratories and related hazardous
waste in units of local government and tribal governments
located outside a Standard Metropolitan Statistical Area by
providing additional contract personnel, equipment, and
facilities.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$20,000,000 for fiscal year 2002 to carry out this section.
(2) Funding additional.--Amounts authorized by this section
are in addition to amounts otherwise authorized by law.
(3) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.
(a) In General.--In addition to any other funds authorized to be
appropriated for fiscal year 2003 for grants under part Q of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.), known as the COPS program, there is authorized to be
appropriated $20,000,000 for such purpose to provide training to State
and local prosecutors and law enforcement agents for prosecution of
methamphetamine offenses.
(b) Rural Set-Aside.--Of amounts made available pursuant to
subsection (a), $5,000,000 shall be available only for prosecutors and
law enforcement agents for rural communities.
(c) DEA Reimbursement.--Of amounts made available pursuant to
subsection (a), $2,000,000 shall be available only to reimburse the
Drug Enforcement Administration for existing training expenses.
SEC. 205. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE
PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND
ENVIRONMENTAL CLEANUP.
Section 1701(d) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd(d)) is amended--
(1) in paragraph (10) by striking ``and'' at the end;
(2) in paragraph (11) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) hire personnel and purchase equipment for areas
located outside a Standard Metropolitan Statistical Area to
assist in the enforcement and prosecution of methamphetamine
offenses and the environmental cleanup of methamphetamine-
affected areas.''.
TITLE III--LAW ENFORCEMENT TRAINING
SEC. 301. SMALL TOWN AND RURAL TRAINING PROGRAM.
(a) In General.--There is established a Rural Policing Institute,
which shall be administered by the National Center for State and Local
Law Enforcement Training of the Federal Law Enforcement Training Center
(FLETC) as part of the Small Town and Rural Training (STAR) Program
to--
(1) assess the needs of law enforcement in units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area;
(2) develop and deliver export training programs regarding
topics such as drug enforcement, airborne counterdrug
operations, domestic violence, hate and bias crimes, computer
crimes, law enforcement critical incident planning related to
school shootings, and other topics identified in the training
needs assessment to law enforcement officers in units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area; and
(3) conduct outreach efforts to ensure that training
programs under the Rural Policing Institute reach law
enforcement officers in units of local government and tribal
governments located outside a Standard Metropolitan Statistical
Area.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$10,000,000 for fiscal year 2002, and $5,000,000 for each of
fiscal years 2003 through 2006, to carry out this section,
including contracts, staff, and equipment.
(2) Set-aside.--Of the amount made available for grants
under this section for each fiscal year, 10 percent shall be
awarded to tribal governments. | Rural Safety and Law Enforcement Improvement Act- Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize the Attorney General to make grants to rural local and tribal governments for the retention for one additional year of police officers funded through the cops on the beat (or COPS) program; (2) authorize the use of COPS grants on a matching funds basis to assist the police departments of such units in improving police communications, and in developing and improving access to crime-solving technologies; and (3) hire personnel and purchase equipment for rural areas to assist in the enforcement and prosecution of methamphetamine offenses and the environmental cleanup of methamphetamine-affected areas.Directs the Office of Justice Programs of the Department of Justice to make grants to such units to establish or improve 911 service in those communities.Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Center for Substance Abuse Treatment, to make grants to establish in rural areas substance abuse (particularly methamphetamine) prevention and treatment pilot programs and methamphetamine prevention education programs.Directs the Attorney General to provide for the cleanup of methamphetamine laboratories and related hazardous waste, and for the improvement of contract-related response time for cleanup of methamphetamine laboratories and related hazardous waste by providing additional contract personnel, equipment, and facilities, in rural areas.Establishes a Rural Policing Institute as part of the Small Town and Rural Training Program.. | {"src": "billsum_train", "title": "To promote rural safety and improve rural law enforcement."} | 3,343 | 330 | 0.555919 | 1.622972 | 0.764051 | 4.151625 | 10.66787 | 0.953069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restitution for the Exonerated Act
of 2009''.
SEC. 2. GRANT PROGRAM AUTHORIZED.
(a) Exoneree Services Grants Authorized.--The Attorney General may
award grants to eligible organizations to carry out programs that
provide support services to exonerees.
(b) Grant Period; Renewability.--A grant awarded under this section
shall be for a period of one year, and may be renewed for subsequent
one-year periods as the Attorney General determines to be appropriate.
(c) Supplemental Funds.--The Attorney General may provide to an
eligible organization awarded funds under a grant under subsection (a)
for a period described in subsection (b), additional funds under such
grant during such period if the Attorney General determines that the
organization has need for such additional funds, such as in the case
that the number of exonerees entering the population served by such
organization is greater than such number expected by the organization.
SEC. 3. GRANT USES.
(a) Activities.--A grant awarded under this Act to an eligible
organization shall be used only--
(1) to carry out a program that provides and coordinates
the delivery of support services for exonerees, including--
(A) employment training;
(B) vocational training;
(C) education;
(D) health care services;
(E) mental health services;
(F) housing assistance;
(G) substance abuse training;
(H) legal assistance;
(I) children and family support; and
(J) other appropriate services, as determined by
the Attorney General; and
(2) for administrative expenses necessary to carry out the
program described in paragraph (1), including staff salaries
and training.
(b) Limitations.--A grant awarded under this Act may not be used to
provide support services--
(1) to an exoneree who has not demonstrated financial need
for such services; or
(2) for a period of more than 24 months for any exoneree.
SEC. 4. APPLICATIONS.
(a) In General.--To request a grant under this Act, an eligible
organization shall submit to the Attorney General an application at
such time, in such manner, and containing such information as the
Attorney General may require. Such application shall--
(1) describe the program to be funded by the grant, and the
need for such program;
(2) describe a long-term strategy and detailed
implementation for such program;
(3) identify the governmental and community agencies with
which the program will collaborate, and that the program will
utilize to enhance exoneree services; and
(4) describe the methodology and outcome measures that will
be used to evaluate the effectiveness of such program.
(b) Application Deadlines.--The Attorney General shall solicit and
review applications for grants under this Act at least once during each
6-month period.
(c) Priority Based on Need.--In awarding grants under this Act, the
Attorney General shall give priority to eligible organizations that
serve geographic regions that have the greatest need for exoneree
support services, as determined by the Attorney General.
SEC. 5. REPORTS.
For each year in which an eligible organization receives a grant
under this Act, the eligible organization shall submit a report to the
Attorney General that describes the program carried out by the
organization with such grant, and evaluates the effectiveness of such
program during such year.
SEC. 6. DEFINITIONS.
In this Act:
(1) Eligible organization.--The term ``eligible
organization'' means any nonprofit organization that--
(A) has experience and expertise in coordinating
and delivering support services specific to the needs
of exonerees; or
(B) demonstrates the capacity to effectively
coordinate and deliver such support services, as
determined by the Attorney General.
(2) Exoneree.--The term ``exoneree'' means an individual
who--
(A) has been convicted by a Federal or State court
of an offense that is punishable by a term of
imprisonment that is equal to or greater than one year;
(B) has served a term of imprisonment of at least 6
months in a Federal or State prison or other
correctional facility as a result of such conviction;
and
(C) has been determined to be factually innocent of
such offense.
(3) Factually innocent.--The term ``factually innocent''
means, with respect to an individual who has been convicted of
an offense described in paragraph (2)(A), one or more of the
following has occurred:
(A) A court has issued a factual finding of
innocence.
(B) The Governor of the State in which the
individual was convicted or the President, as
applicable, has issued a pardon based on the facts of
the offense for which the individual was convicted.
(C) A court has vacated or reversed the conviction
based on legal insufficiency of the evidence or other
factual finding of actual innocence, and the Federal,
State, or local government has dismissed the accusatory
instrument.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$2,000,000 for each of the fiscal years 2010 through 2014. Amounts
authorized under this section shall remain available until expended. | Restitution for the Exonerated Act of 2009 - Authorizes the Attorney General to award grants and supplemental funds to nonprofit organizations to be used only to provide support services (e.g., employment training, health care services, and legal assistance) to exonerees. Prohibits services for exonerees who have not demonstrated financial need or for a period of more than 24 months. Defines "exoneree" as an individual who has been convicted of a crime carrying a prison sentence of one year or more, has served at least six months of such prison sentence, and has been determined to be factually innocent of the crime. | {"src": "billsum_train", "title": "To authorize grants for programs that provide support services to exonerees."} | 1,153 | 146 | 0.613185 | 1.899022 | 0.701693 | 3.044248 | 9.557522 | 0.884956 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Horseracing Improvement
Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress enacted the Interstate Horseracing Act of 1978
(15 U.S.C. 3001 et seq.) to regulate interstate commerce with
respect to parimutuel wagering on horseracing in order to
protect and further the horseracing industry of the United
States.
(2) The horseracing industry represents approximately
$40,000,000,000 to the United States economy annually and
generates nearly 400,000 domestic jobs.
(3) The use of performance-enhancing drugs in horseracing
adversely affects interstate commerce, creates unfair
competition, deceives horse buyers and the wagering public,
weakens the breed of the American Thoroughbred, is detrimental
to international sales of the American Thoroughbred, and
threatens the safety and welfare of horses and jockeys.
(4) The use of performance-enhancing drugs in horseracing
is widespread in the United States, where no uniform
regulations exist with respect to the use of, and testing for,
performance-enhancing drugs in interstate horseracing.
(5) The use of performance-enhancing drugs in horseracing
is not permitted in most jurisdictions outside the United
States. In the internationally competitive sport of
horseracing, the United States stands alone in its permissive
use of performance-enhancing drugs.
(6) The use of performance-enhancing drugs is illegal in
the United States in every sport other than horseracing.
(7) To protect and further the horseracing industry of the
United States, it is necessary to prohibit the use of
performance-enhancing drugs in interstate horseracing.
SEC. 3. PROHIBITIONS ON USE OF PERFORMANCE-ENHANCING DRUGS.
(a) In General.--The Interstate Horseracing Act of 1978 (15 U.S.C.
3001 et seq.) is amended--
(1) by redesignating section 9 as section 11; and
(2) by inserting after section 8 the following:
``SEC. 9. PROHIBITIONS ON USE OF PERFORMANCE-ENHANCING DRUGS.
``(a) Definitions.--In this section:
``(1) Accredited third party conformity assessment body.--
The term `accredited third party conformity assessment body'
means a testing laboratory that has an accreditation--
``(A) meeting International Organization for
Standardization/International Electrotechnical
Commission standard 17025:2005 entitled `General
Requirements for the Competence of Testing and
Calibration Laboratories' (or any successor standard);
``(B) from an accreditation body that is a
signatory to the International Laboratory Accreditation
Cooperation Mutual Recognition Arrangement; and
``(C) that includes testing for performance-
enhancing drugs within the scope of the accreditation.
``(2) Performance-enhancing drug.--The term `performance-
enhancing drug'--
``(A) means any substance capable of affecting the
performance of a horse at any time by acting on the
nervous system, cardiovascular system, respiratory
system, digestive system, urinary system, reproductive
system, musculoskeletal system, blood system, immune
system (other than licensed vaccines against infectious
agents), or endocrine system of the horse; and
``(B) includes the substances listed in the
Alphabetized Listing of Drugs in the January 2010
revision of the Association of Racing Commissioners
International, Inc., publication entitled `Uniform
Classification Guidelines for Foreign Substances'.
``(b) Prohibition on Entering Horses Under the Influence of
Performance-Enhancing Drugs in Races Subject to Interstate Off-Track
Wagering.--A person may not--
``(1) enter a horse in a race that is subject to an
interstate off-track wager if the person knows the horse is
under the influence of a performance-enhancing drug; or
``(2) knowingly provide a horse with a performance-
enhancing drug if the horse, while under the influence of the
drug, will participate in a race that is subject to an
interstate off-track wager.
``(c) Regulations of the Host Racing Association Banning
Performance-Enhancing Drugs.--A host racing association may not conduct
a horserace that is the subject of an interstate off-track wager unless
the host racing association has a policy in place that--
``(1) bans any person from providing a horse with a
performance-enhancing drug if the horse will participate in
such a horserace while under the influence of the drug;
``(2) bans the racing of a horse that is under the
influence of a performance-enhancing drug;
``(3) requires, for each horserace that is the subject of
an interstate off-track wager, that an accredited third party
conformity assessment body test for any performance-enhancing
drug--
``(A) the first-place horse in the race; and
``(B) one additional horse, to be randomly selected
from the other horses participating in the race; and
``(4) requires the accredited third party conformity
assessment body performing tests described in paragraph (3) to
report any test results demonstrating that a horse may
participate, or may have participated, in a horserace that is
the subject of an interstate off-track wager while under the
influence of a performance-enhancing drug--
``(A) to the Federal Trade Commission; and
``(B) if the host racing commission has entered
into an agreement under subsection (e), to the host
racing commission.
``(d) Penalties.--
``(1) Civil penalties.--
``(A) In general.--A person that provides a horse
with a performance-enhancing drug or races a horse in
violation of subsection (b) shall be--
``(i) for the first such violation--
``(I) subject to a civil penalty of
not less than $5,000; and
``(II) suspended for a period of
not less than 180 days from all
activities relating to any horserace
that is the subject of an interstate
off-track wager;
``(ii) for the second such violation--
``(I) subject to a civil penalty of
not less than $20,000; and
``(II) suspended for a period of
not less than 1 year from all
activities relating to any horserace
that is the subject of an interstate
off-track wager; and
``(iii) for the third or subsequent such
violation--
``(I) subject to a civil penalty of
not less than $50,000; and
``(II) permanently banned from all
activities relating to any horserace
that is the subject of an interstate
off-track wager.
``(B) Horseracing activities.--For purposes of
subparagraph (A), activities relating to a horserace
that is the subject of an interstate off-track wager
include being physically present at any race track at
which any such horserace takes place, placing a wager
on any such horserace, and entering a horse in any such
horserace.
``(C) Payment of civil penalties.--A civil penalty
imposed under this paragraph shall be paid to the
United States without regard to whether the imposition
of the penalty results from the initiation of a civil
action pursuant to section 10.
``(2) Suspension of horses.--A horse that is provided with
a performance-enhancing drug or is raced in violation of
subsection (b) shall--
``(A) for the first such violation, be suspended
for a period of not less than 180 days from racing in
any horserace that is the subject of an interstate off-
track wager;
``(B) for the second such violation, be suspended
for a period of not less than 1 year from racing in any
horserace that is the subject of an interstate off-
track wager; and
``(C) for the third or subsequent such violation,
be suspended for a period of not less than 2 years from
racing in any horserace that is the subject of an
interstate off-track wager.
``(3) Violations in multiple states.--A person shall be
subject to a penalty described in clause (ii) or (iii) of
paragraph (1)(A), and a horse shall be subject to suspension
under subparagraph (B) or (C) of paragraph (2), for a second or
subsequent violation of subsection (b) without regard to
whether the prior violation and the second or subsequent
violation occurred in the same State.
``(e) Agreements for Enforcement by Host Racing Commissions.--
``(1) In general.--The Federal Trade Commission may enter
into an agreement with a host racing commission under which the
host racing commission agrees to enforce the provisions of this
section with respect to horseraces that are the subject of
interstate off-track wagers in the host State.
``(2) Conditional availability of civil penalties to host
racing commissions.--If a host racing commission agrees to
enforce the provisions of this section pursuant to an agreement
under paragraph (1), any amounts received by the United States
as a result of a civil penalty imposed under subsection (d)(1)
with respect to a horserace that occurred in the State in which
the host racing commission operates shall be available to the
host racing commission, without further appropriation and until
expended, to cover the costs incurred by the host racing
commission in enforcing the provisions of this section.
``(f) Enforcement by the Federal Trade Commission.--
``(1) In general.--The Federal Trade Commission shall
enforce the provisions of this section--
``(A) with respect to horseraces that are the
subject of interstate off-track wagers that occur--
``(i) in any State in which the host racing
commission does not enter into an agreement
under subsection (e); and
``(ii) in any State in which the host
racing commission has entered into an agreement
under subsection (e) if the Federal Trade
Commission determines the host racing
commission is not adequately enforcing the
provisions of this section; and
``(B) with respect to violations of subsection (b)
by a person, or with respect to a horse, in multiple
States.
``(2) Unfair or deceptive act or practice; actions by
federal trade commission.--In cases in which the Federal Trade
Commission enforces the provisions of this section pursuant to
paragraph (1)--
``(A) a violation of a prohibition described in
subsection (b) or (c) 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));
and
``(B) except as provided in paragraph (3), the
Federal Trade Commission shall enforce the provisions
of this section 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 section.
``(3) Enforcement with respect to nonprofit
organizations.--Notwithstanding any provision of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.), the Federal Trade
Commission shall have the authority to enforce the provisions
of this section pursuant to paragraph (1) with respect to
organizations that are described in section 501(c)(3) of the
Internal Revenue Code of 1986 and that are exempt from taxation
under section 501(a) of such Code.
``(g) Rulemaking.--The Federal Trade Commission shall prescribe
such rules as may be necessary to carry out the provisions of this
section in accordance with the provisions of section 553 of title 5,
United States Code.
``(h) Effect on State Laws.--Nothing in this section preempts a
State from adopting or enforcing a law, policy, or regulation
prohibiting the use of performance-enhancing drugs in horseracing to
the extent that the law, policy, or regulation imposes additional
requirements or higher penalties than are provided for under this
section.
``SEC. 10. PRIVATE RIGHT OF ACTION FOR CERTAIN VIOLATIONS.
``Notwithstanding sections 6 and 7, in any case in which a person
has reason to believe that an interest of that person is threatened or
adversely affected by the engagement of another person in a practice
that violates a provision of section 9 or a rule prescribed under
section 9, the person may bring a civil action in an appropriate
district court of the United States or other court of competent
jurisdiction--
``(1) to enjoin the practice;
``(2) to enforce compliance with the provision or rule;
``(3) to enforce the penalties provided for under section
9(d);
``(4) to obtain damages or restitution, including court
costs and reasonable attorney and expert witness fees; and
``(5) to obtain such other relief as the court considers
appropriate.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and apply with
respect to horseraces occurring on or after that date. | Interstate Horseracing Improvement Act of 2011 - Amends the Interstate Horseracing Act of 1978 to prohibit: (1) entering a horse in a race that is subject to an interstate off-track wager if the person knows the horse is under the influence of a performance-enhancing drug; or (2) knowingly providing a horse with such a drug if the horse, while under the influence of such drug, will participate in a race that is subject to an interstate off-track wager.
Prohibits a host racing association from conducting a race that is the subject of an interstate off-track wager unless it has in place a policy that: (1) bans providing a performance-enhancing drug to a horse that will participate in such race while under the influence of the drug, (2) bans the racing of a horse that is under the influence, and (3) requires that an accredited third party conformity assessment body test the first-place horse and one additional randomly selected horse for any such drug and report any test results demonstrating that a horse may have participated while under the influence to the Federal Trade Commission (FTC) and any host racing commission that entered into an agreement to enforce this Act's provisions.
Sets forth penalties for violations, including: (1) civil penalties and suspension of a person providing a horse with such drug, and (2) suspension of a horse that is provided with such a drug or that is raced in violation of this Act. Provides for enforcement of this Act through private civil actions and by the FTC, including through an agreement with a host state's racing commission. | {"src": "billsum_train", "title": "To amend the Interstate Horseracing Act of 1978 to prohibit the use of performance-enhancing drugs in horseracing, and for other purposes."} | 2,937 | 344 | 0.60583 | 1.711348 | 0.710168 | 5.111821 | 8.619808 | 0.964856 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Transportation Bonding
Assistance Authority Act of 2009''.
SEC. 2. AUTHORITY OF SECRETARY TO GUARANTEE SURETY AGAINST LOSS FROM
PRINCIPAL'S BREACH OF BOND.
Subsection (e) of section 332 of title 49, United States Code, is
amended to read as follows:
``(e) Authority of Secretary To Guarantee Surety Against Loss From
Principal's Breach of Bond.--
``(1) Authority.--
``(A) In general.--The Secretary may, upon such
terms and conditions as the Secretary may prescribe,
guarantee and enter into commitments to guarantee any
surety against loss resulting from a breach of the
terms of a bid bond, payment bond, performance bond, or
bonds ancillary thereto, by a principal.
``(B) Limitation.--No such guarantee may be issued,
unless--
``(i) the person who would be principal
under the bond is an eligible small business
concern;
``(ii) the bond is required in order for
such person to bid on a contract, or to serve
as a prime contractor or subcontractor thereon;
``(iii) such person is not able to obtain
such bond on reasonable terms and conditions
without a guarantee under this subsection; and
``(iv) there is a reasonable expectation
that such principal will perform the covenants
and conditions of the contract with respect to
which such bond is required, and the terms and
conditions of such bond are reasonable in light
of the risks involved and the extent of the
surety's participation.
``(2) Indemnification of surety against loss from avoiding
breach.--Subject to the provisions of this subsection, in
connection with the issuance by the Secretary of a guarantee to
a surety under paragraph (1), the Secretary may agree to
indemnify such surety against a loss sustained by such surety
in avoiding or attempting to avoid a breach of the terms of a
bond guaranteed by the Secretary in accordance with the
following:
``(A) Prior to making any payment under this
paragraph, the Secretary shall first determine that a
breach of the terms of such bond was imminent.
``(B) A surety must obtain approval from the
Secretary prior to making any payments pursuant to this
paragraph.
``(C) No payment by the Secretary pursuant to this
paragraph shall exceed 10 percent of the contract price
unless the Secretary determines that a greater payment
should be made as a result of a finding by the
Secretary that the surety's loss sustained in avoiding
or attempting to avoid such breach was necessary and
reasonable.
``(D) In no event shall the Secretary pay a surety
pursuant to this paragraph an amount exceeding the
guaranteed share of the bond available to such surety
pursuant to paragraph (1).
``(3) Reimbursement of surety.--
``(A) In general.--Any guarantee or agreement to
indemnify under this subsection shall obligate the
Secretary to pay to the surety a sum--
``(i) not to exceed 90 percent of the loss
incurred and paid by the surety, but in no
event may the Secretary make any duplicate
payment pursuant to paragraph (2) or any other
paragraph; or
``(ii) determined pursuant to paragraph
(2), if applicable.
``(B) Exception.--Pursuant to any such guarantee or
agreement, the Secretary shall reimburse the surety, as
provided in subparagraph (A), except that the Secretary
shall be relieved of all liability if--
``(i) the surety obtained such guarantee or
agreement, or applied for such reimbursement,
by fraud or material misrepresentation;
``(ii) the surety has breached a material
term or condition of such guarantee or
agreement; or
``(iii) the surety has substantially
violated the regulations issued by the
Secretary pursuant to paragraph (4).
``(4) Regulations.--The Secretary may establish and
periodically review regulations for participating sureties
which shall require such sureties to meet the Secretary's
standards for underwriting, claim practices, and loss ratios.
``(5) Procedure for reimbursement.--The Secretary may, upon
such terms and conditions as the Secretary may prescribe, adopt
a procedure for reimbursing a surety for its paid losses billed
each month, based upon prior monthly payments to such surety,
with subsequent adjustments after such disbursement.
``(6) Reports to and audits by the secretary.--
``(A) Reports to the secretary.--The Secretary
shall require each participating surety to make reports
to the Secretary at such times and in such forms as the
Secretary requires.
``(B) Audits by the secretary.--The Secretary may
at all reasonable times audit, in the offices of a
participating surety, all documents, files, books,
records, and other material relevant to the Secretary's
guarantee, commitments to guarantee, or agreements to
indemnify any surety pursuant to this subsection.
``(C) Timing.--Each participating surety shall be
audited at least once every three years by examiners
selected and approved by the Secretary.
``(7) Administrative provisions.--The Secretary shall
administer this subsection on a prudent and economically
justifiable basis and establish such fee or fees for eligible
small business concerns and premium or premiums for sureties as
the Secretary deems reasonable and necessary, to be payable at
such time and under such conditions as may be determined by the
Secretary.
``(8) State program.--
``(A) In general.--The Secretary shall establish a
program under which not more than 5 States may be
selected to carry out, with a portion of the amounts
appropriated for this subsection, the following:
``(i) Activities of the Secretary under
this subsection with respect to issuing
guarantees.
``(ii) Activities of a surety to assist
eligible small business concerns.
``(B) Assessments and standards.--States selected
to participate in the program under subparagraph (A)
shall be subjected to such assessments and shall meet
such standards and conditions as the Secretary may
prescribe.
``(C) Reports by states.--A State selected to
participate in the program under subparagraph (A) shall
submit to the Secretary an annual report describing, at
a minimum, the nature of the program such State
administers, the total number and amounts of guarantees
provided by the program, and the number of eligible
small business concerns that have participated in the
program.
``(9) Annual report.--Not later than June 1, 2010, and
annually thereafter, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that describes, at a
minimum--
``(A) the actions taken to implement this
subsection;
``(B) the number of sureties that have received
guarantees, the States with respect to which guarantees
were issued, the number of eligible small business
concerns that have participated in the program, and the
number and total amount of guarantees paid by the
Secretary; and
``(C) the number of States that have applied to
manage amounts under the program established under
paragraph (8), the number of States approved to
participate in such program, and the results achieved
by States participating in such program.
``(10) Definitions.--In this subsection, the following
definitions apply:
``(A) Bid bond.--The term `bid bond' means a bond
conditioned upon the bidder on a contract entering into
the contract, if the bidder receives the award thereof,
and furnishing the prescribed payment bond and
performance bond.
``(B) Eligible small business concern.--The term
`eligible small business concern' means an entity
determined by the Secretary to be any of the following:
``(i) A small business concern owned and
controlled by socially and economically
disadvantaged individuals (as such term is
defined in section 8(d)(3) of the Small
Business Act (15 U.S.C. 637(d)(3))).
``(ii) A small business concern owned and
controlled by service-disabled veterans (as
such term is defined under section 3(q) of the
Small Business Act (15 U.S.C. 632(q))).
``(iii) A qualified HUBZone small business
concern (as such term is defined under section
3(p) of the Small Business Act (15 U.S.C.
632(p))).
``(iv) A small business concern owned and
controlled by women (as such term is defined
under section 3(n) of the Small Business Act
(15 U.S.C. 632(n))).
``(C) Obligee.--The term `obligee' means--
``(i) in the case of a bid bond, the person
requesting bids for the performance of a
contract; or
``(ii) in the case of a payment bond or
performance bond, the person who has contracted
with a principal for the completion of the
contract and to whom the obligation of the
surety runs in the event of a breach by the
principal of the conditions of a payment bond
or performance bond.
``(D) Payment bond.--The term `payment bond' means
a bond conditioned upon the payment by the principal of
money to persons under contract with the principal.
``(E) Performance bond.--The term `performance
bond' means a bond conditioned upon the completion by
the principal of a contract in accordance with its
terms.
``(F) Prime contractor.--The term `prime
contractor' means the person with whom the obligee has
contracted to perform the contract.
``(G) Principal.--The term `principal' means a
person who may be a prime contractor or a subcontractor
and--
``(i) in the case of a bid bond, is bidding
for the award of a contract; or
``(ii) is primarily liable to complete a
contract for the obligee, or to make payments
to other persons in respect of such contract,
and for whose performance of his obligation the
surety is bound under the terms of a payment or
performance bond.
``(H) Secretary.--The term `Secretary' means the
Secretary of Transportation, acting through the
Minority Resource Center established under subsection
(b).
``(I) Subcontractor.--The term `subcontractor'
means a person who has contracted with a prime
contractor or with another subcontractor to perform a
contract.
``(J) Surety.--The term `surety' means the person
or State that--
``(i) under the terms of a bid bond,
undertakes to pay a sum of money to the obligee
in the event the principal breaches the
conditions of the bond;
``(ii) under the terms of a performance
bond, undertakes to incur the cost of
fulfilling the terms of a contract in the event
the principal breaches the conditions of the
contract;
``(iii) under the terms of a payment bond,
undertakes to make payment to all persons
supplying labor and material in the prosecution
of the work provided for in the contract if the
principal fails to make prompt payment; or
``(iv) is an agent, independent agent,
underwriter, or any other company or individual
empowered to act on behalf of such person or
State.
``(11) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry out
activities under this subsection $50,000,000 for each of fiscal
years 2010 through 2014, of which not more than $20,000,000 may
be made available each fiscal year to carry out activities
under paragraph (8).''.
SEC. 3. NATIONAL INFORMATION CLEARINGHOUSE.
Section 332(b)(1) of title 49, United States Code, is amended by
striking ``the maintenance, rehabilitation, restructuring, improvement,
and revitalization of the railroads of the United States'' and
inserting ``any Federal, State, or local mode of transportation''.
SEC. 4. PROVISION OF RELEVANT INFORMATION.
Section 332(d) of title 49, United States Code, is amended by
striking ``United States Railway Association, the Consolidated Rail
Corporation, and the''. | Department of Transportation Bonding Assistance Authority Act of 2009 - Replaces the mandate for the Minority Resource Center to provide bonding assistance to disadvantaged business enterprises.
Authorizes the Secretary of Transportation, acting through the Minority Resource Center, to prescribe, guarantee, and enter into commitments to guarantee a surety against loss resulting from a small business concern's breach of a bond that is required for it to bid on or perform a transportation project contract, pay on the contract, or serve as a prime contractor or subcontractor on such contract.
Authorizes the Secretary to indemnify such a surety up to 90% of any loss sustained by it in avoiding or attempting to avoid a breach of a bond guaranteed under this Act.
Requires the Secretary to establish a program under which not more than five selected states may carry out: (1) the activities of the Secretary with respect to issuing surety guarantees; as well as (2) the activities of sureties to assist eligible small business concerns. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to provide authority to the Secretary of Transportation to guarantee sureties against loss resulting from a breach of the terms of a bond by an eligible small business concern, and for other purposes."} | 2,804 | 219 | 0.654259 | 1.967782 | 0.833374 | 3.048387 | 13.580645 | 0.930108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Jamming Act of 1998''.
TITLE I--PREVENTION OF SPAMMING
SEC. 101. EXTENSION OF JUNK FAX REMEDIES TO COMMERCIAL EMAIL
Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended--
(1) in subsection (a), by adding at the end the following
new paragraphs:
``(5) The term `unsolicited electronic mail message' means
any electronic mail message that is addressed and sent to a
recipient with whom the initiator does not have an existing
relationship and has been sent by the initiator without the
express consent of the recipient.
``(6) The term `unsolicited commercial electronic mail
message' means any unsolicited electronic mail message that is
sent for the purpose of encouraging the purchase or rental of,
or investment in, property, goods, or services.
``(7) The term `electronic mail service provider' means any
entity that provides subscribers the ability to send or receive
electronic mail.
``(8) The term `published policy' means, with respect to an
electronic mail service provider's policy on unsolicited
electronic mail messages, that such policy is available upon
request in written form at no charge or is displayed
conspicuously through an online notice on the Internet home
page of the electronic mail service provider.'';
(2) in subsection (c)(3)--
(A) by striking ``If the Commission determines to
require such a database,'' and inserting ``If the
Commission determines to require such a database
pursuant to paragraph (2), or at any time subsequent to
the proceeding required by paragraph (1) determines
that a database is required to protect subscribers from
telephone solicitations or unsolicited electronic mail
messages,'';
(B) by striking ``and'' at the end of subparagraph
(K);
(C) by striking the period at the end of
subparagraph (L) and inserting a semicolon; and
(D) by adding at the end the following new
subparagraphs:
``(M) require each electronic mail service
provider, in accordance with regulations prescribed by
the Commission, to inform subscribers for electronic
mail service of the opportunity to provide
notification, in accordance with such regulations, that
such subscribers objects to receiving unsolicited
commercial electronic mail messages; and
``(N) specify the methods by which each electronic
mail service subscriber shall be informed, by the
electronic mail service provider that provides such
service to such subscriber, of (i) the subscriber's
right to give or revoke a notification of objection
under subparagraph (M), and (ii) the methods by which
such right may be exercised by the subscriber.'';
(3) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(4) by inserting after subsection (d) the following new
subsection:
``(e) Restrictions on the Use of Unsolicited Commercial Electronic
Mail Messages.--
``(1) Information about sender; right to reply.--It shall
be unlawful for any person within the United States--
``(A) to initiate an unsolicited commercial
electronic mail message unless such message contains--
``(i) the name, street address, electronic
mail address, and telephone number of the
person who initiates transmission of the
message;
``(ii) the name, street address, electronic
mail address, and telephone number of the
person who created the content of the message;
``(iii) a reply electronic mail address,
conspicuously displayed, where recipients may
send a reply to indicate a desire not to
receive any further messages; or
``(iv) information on how recipients may
exercise the rights established pursuant to
subsection (c)(3);
``(B) to initiate an unsolicited commercial
electronic mail message to any recipient who has
previously indicated a desire not to receive such
messages by sending a reply described in subparagraph
(A)(iii)); or
``(C) to initiate an unsolicited commercial
electronic mail message unless such message contains
Internet routing information that is accurate, is valid
according to prevailing standards for Internet
protocols, and correctly reflects the actual message
routing.
``(2) Enforcement of voluntary cyberrules regarding
spamming.--
``(A) Prohibition.--No subscriber of an electronic
mail service provider shall use, or cause to be used,
the electronic mail service or equipment in violation
of that electronic mail service's published policy
prohibiting or restricting the use of its service or
equipment for the initiation of an unsolicited
commercial electronic mail message.
``(B) Enforcement by providers.--Any subscriber who
violates subparagraph (A) for the initiation of an
unsolicited commercial electronic mail message shall be
liable to the electronic mail service provider for
damages in an amount equal to $50 for each of the
provider's subscribers to whom such message was
transmitted.''; and
(5) in subsection (f)(1) (as redesignated by paragraph
(3))--
(A) by striking ``or'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(E) the making of unsolicited commercial
electronic mail messages.''.
TITLE II--PREVENTION OF SLAMMING AND CRAMMING
SEC. 201. LIABILITY TO SUBSCRIBERS; AUTHORITY OF STATES.
(a) Amendment.--Section 258 of the Communications Act of 1934 (47
U.S.C. 258) is amended by striking subsection (b) and inserting the
following:
``(b) Liability for Charges After Slamming.--
``(1) Liability.--Any telecommunications carrier that
violates the verification procedures described in subsection
(a) and that collects charges for telephone exchange service or
telephone toll service from a subscriber shall be liable, in
accordance with such procedures as the Commission may
prescribe--
``(A) to the carrier previously selected by the
subscriber in an amount equal to all charges paid by
such subscriber after such violation; and
``(B) to the subscriber in an amount equal to twice
the amount of all charges paid by such subscriber after
such violation.
``(2) Effect on other laws.--The remedies provided by
subsection (b) are in addition to any other remedies available
by law.
``(c) Prohibition of and Liability for Cramming.--
``(1) Prohibition.--No telecommunications carrier
(including billing aggregators and service providers) shall
submit for billing on bills for telecommunications services
unauthorized services or products.
``(2) Liability to subscriber.--Any telecommunication
carrier (including billing aggregators and service providers)
that violates paragraph (1) and collects charges for
unauthorized services or products from a subscriber shall be
liable to such subscriber in an amount equal to twice the total
amount of charges paid by such subscriber after such violation.
The remedies provided by this subsection are in addition to any
other remedies available by law.
``(c) Actions by States.--
``(1) Authority of states.--Whenever the attorney general
of a State, or an official or agency designated by a State, has
reason to believe that any person has engaged or is engaging in
a pattern or practice of (A) effecting changes in a
subscribers' selections of a provider of telephone exchange
service or telephone toll service in violation of this section
or the regulations prescribed under this section, or (B)
submitting for billing on bills for telecommunications
services, and collecting for, unauthorized services or
products, shall the State may bring a civil action on behalf of
its residents to enjoin such calls, an action to recover for
actual monetary loss or receive $500 in damages for each
violation, or both such actions. If the court finds the
defendant willfully or knowingly violated such regulations, the
court may, in its discretion, increase the amount of the award
to an amount equal to not more than 3 times the amount
available under the preceding sentence.
``(2) Exclusive jurisdiction of federal courts.--The
district courts of the United States, the United States courts
of any territory, and the District Court of the United States
for the District of Columbia shall have exclusive jurisdiction
over all civil actions brought under this subsection. Upon
proper application, such courts shall also have jurisdiction to
issue writs of mandamus, or orders affording like relief,
commanding the defendant to comply with the provisions of this
section or regulations prescribed under this section, including
the requirement that the defendant take such action as is
necessary to remove the danger of such violation. Upon a proper
showing, a permanent or temporary injunction or restraining
order shall be granted without bond.
``(3) Rights of commission.--The State shall serve prior
written notice of any such civil action upon the Commission and
provide the Commission with a copy of its complaint, except in
any case where such prior notice is not feasible, in which case
the State shall serve such notice immediately upon instituting
such action. The Commission shall have the right (A) to
intervene in the action, (B) upon so intervening, to be heard
on all matters arising therein, and (C) to file petitions for
appeal.
``(4) Venue; service of process.--Any civil action brought
under this subsection in a district court of the United States
may be brought in the district wherein the defendant is found
or is an inhabitant or transacts business or wherein the
violation occurred or is occurring, and process in such cases
may be served in any district in which the defendant is an
inhabitant or where the defendant may be found.
``(5) Investigatory powers.--For purposes of bringing any
civil action under this subsection, nothing in this section
shall prevent the attorney general of a State, or an official
or agency designated by a State, from exercising the powers
conferred on the attorney general 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.
``(6) Effect on state court proceedings.--Nothing contained
in this subsection shall be construed to prohibit an authorized
State official from proceeding in State court on the basis of
an alleged violation of any general civil or criminal statute
of such State.
``(7) Limitation.--Whenever the Commission has instituted a
civil action for violation of regulations prescribed under this
section, no State may, during the pendency of such action
instituted by the Commission, subsequently institute a civil
action against any defendant named in the Commission's
complaint for any violation as alleged in the Commission's
complaint.
``(8) Definition.--As used in this subsection, the term
`attorney general' means the chief legal officer of a State.''.
SEC. 202. NTIA STUDY OF THIRD PARTY VERIFICATION AND AUTHENTICATION.
(a) Study Required.--The National Telecommunications and
Information Administration of the Department of Commerce shall conduct
a study of the feasibility and desirability of establishing third party
verification and authentication systems for preventing illegal changes
in telephone subscriber carrier selections. The study shall include--
(1) an analysis of the cost of establishing a national,
independent database or clearinghouse to authorize and verify
changes in carrier selections;
(2) the additional cost to carriers, per change in carrier
selection, to fund the ongoing operation of such an independent
database or clearinghouse;
(3) the cost and feasibility of implementing such databases
or clearinghouses at the State level; and
(4) the advantages and disadvantages of utilizing
independent databases or clearinghouses for authorizing and
authenticating carrier selection changes.
(b) Report Required.--Within 180 days after the date of enactment
of this Act, the National Telecommunications and Information
Administration shall submit to the Committee on Commerce of the House
of Representatives and Committee on Commerce, Science, and
Transportation of the Senate the results of the study required by
subsection (a). | TABLE OF CONTENTS:
Title I: Prevention of Spamming
Title II: Prevention of Slamming and Cramming
Digital Jamming Act of 1998 -
Title I: Prevention of Spamming
- Amends the Communications Act of 1934 to require each electronic mail (e-mail) service provider, under regulations prescribed by the Federal Communications Commission (FCC), to inform its subscribers of the opportunity to provide notification of the subscriber's objection to receiving unsolicited commercial e-mail messages (spam messages). Requires such regulations to specify the methods by which each e-mail service subscriber shall be informed by the service provider of: (1) the subscriber's right to give or revoke an objection to receiving spam messages; and (2) the manner in which such right may be exercised.
Makes it unlawful for any person to initiate
spam messages: (1) unless such a message contains specified information identifying the sender, a means to indicate a desire not to receive such messages, and related information; (2) to any recipients who have previously indicated a desire not to receive such messages; or (3) unless such a message contains Internet routing information that is accurate, valid, and correctly reflects the actual message routing. Prohibits a subscriber from using the provider's e-mail service in violation of that service's published policy prohibiting or restricting the use its service or equipment for the initiation of a spam message. Provides subscriber liability for violations.
Title II: Prevention of Slamming and Cramming
- Provides that a telecommunications carrier that violates the verification procedures required before recognition of a switch in a subscriber's telephone or toll service provider shall be liable to such subscriber for twice the amount of all charges paid by the subscriber after such violation.
Prohibits such a carrier from submitting for billing on telecommunications services bills unauthorized services or products (cramming). Provides carrier liability for violations. Authorizes the attorney general of a State to bring a civil action on behalf of its residents for such violations. Requires a State so acting to previously notify the FCC and provide a copy of its complaint.
Directs the National Telecommunications and Information Administration of the Department of Commerce to conduct a study of, and report to specified congressional committees concerning, the feasibility and desirability of establishing third party verification and authentication systems for preventing illegal changes in telephone subscriber carrier selections. | {"src": "billsum_train", "title": "Digital Jamming Act of 1998"} | 2,717 | 544 | 0.526749 | 1.810379 | 0.647389 | 3.045356 | 5.401728 | 0.88121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Burden Relief Act of
2001''.
SEC. 2. CREDIT FOR MORTGAGE PAYMENTS MADE ON DESTROYED HOME.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. MORTGAGE PAYMENTS MADE ON DESTROYED HOME.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the payments made during the taxable
year on acquisition indebtedness (as defined in section 163(h)(3)(B))
secured by a qualified destroyed home.
``(b) Qualified Destroyed Home.--For purposes of this section, the
term `qualified destroyed home' means any residence if--
``(1) such residence is substantially destroyed as a result
of a disaster which is a Presidentially declared disaster (as
defined in section 1033(h)) or a disaster which is declared by
the chief executive officer of the State in which such
residence is located,
``(2) such residence was the principal residence (within
the meaning of section 121) of the taxpayer at the time of its
destruction,
``(3) because of the high risk of the occurrence of the
type of disaster which substantially destroyed such residence,
insurance covering damage resulting from such a disaster was
unavailable at reasonable rates, and
``(4) such destruction is not compensated for by insurance
or otherwise.
``(c) Special Rules.--
``(1) Coordination with interest deduction.--The deduction
which would (but for this subsection) be allowed on the
indebtedness referred to in subsection (a) shall be reduced by
the credit allowed under this section.
``(2) Credit only for payment due after destruction.--
Subsection (a) shall not apply to any amount first due before
the date of the disaster.
``(3) Benefit reduced by government grants.--
``(A) In general.--If any grant is provided to the
taxpayer under any Federal, State, or local government
program by reason of the destruction of the residence--
``(i) subsection (b)(4) shall be applied
without regard to such grant, but
``(ii) the credit which would (but for this
paragraph) be allowed under this section for
any taxable year shall be reduced by such
taxable year's ratable portion of such grant.
``(B) Ratable portion.--The ratable portion of a
grant shall be determined by allocating such grant
ratably over the reasonably expected remaining period
that payments on the mortgage will be required to be
made.
``(d) Election Not To Have Credit Apply.--This section shall not
apply to a taxpayer for a taxable year if the taxpayer elects not to
have this section apply for such year.''
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:
``Sec. 25B. Mortgage payments made on
destroyed home.''
(c) Effective Date.--The amendments made by this section apply to
with respect to disasters occurring on or after January 1, 2000.
SEC. 3. NO INCOME FROM DISCHARGE OF INDEBTEDNESS OF DESTROYED HOME.
(a) In General.--Subsection (a) of section 108 of the Internal
Revenue Code of 1986 (relating to income from discharge of
indebtedness) is amended by adding at the end the following new
paragraph:
``(4) Exception for homes destroyed in presidentially
declared disasters.--Paragraph (1) shall not apply to any
discharge of acquisition indebtedness (as defined in section
163(h)(3)(B)) secured by a qualified destroyed home (as defined
in section 25B(b)).''
(b) Effective Date.--The amendment made by this section apply to
with respect to disasters occurring on or after January 1, 2000.
SEC. 4. LOSS DEDUCTION ON DESTROYED HOME DETERMINED AS IF BASIS EQUALED
FAIR MARKET VALUE PRIOR TO DESTRUCTION.
(a) In General.--Subsection (c) of section 165 of the Internal
Revenue Code of 1986 (relating to limitation on losses of individuals)
is amended by adding at the end the following new sentence:
``If the loss referred to in paragraph (3) is of a qualified destroyed
home (as defined in section 25B(b)) and the taxpayer irrevocably elects
not to claim the benefits of section 25B with respect to such home, the
amount of the loss sustained shall be determined as if the adjusted
basis of the home equaled its fair market value immediately before its
destruction.''.
(b) Effective Date.--The amendment made by this section apply to
with respect to disasters occurring on or after January 1, 2000.
SEC. 5. LOSS ON SALE OR EXCHANGE OF PRINCIPAL RESIDENCE LOCATED IN
PRESIDENTIALLY DECLARED DISASTER AREA.
(a) In General.--Subsection (c) of section 165 of the Internal
Revenue Code of 1986 (relating to limitation on losses of individuals)
is amended by striking ``and'' at the end of paragraph (2), by striking
the period at the end of paragraph (3) and inserting ``; and'', and by
inserting after paragraph (3) the following new paragraph:
``(4) losses arising from the sale or exchange of the
principal residence (within the meaning of section 121) of the
taxpayer if--
``(A) such residence is located in an area--
``(i) which was at any time determined by
the President to warrant assistance by the
Federal Government under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act,
or
``(ii) which was at any time declared a
disaster area by the chief executive officer of
the State in which such residence is located,
``(B) such residence was acquired by the taxpayer
on or before the date of the occurrence of the disaster
for which such determination or declaration was made,
and
``(C) because of the high risk of the reoccurrence
of the type of disaster for which such determination or
declaration was made, insurance covering damage
resulting from such a disaster was unavailable at
reasonable rates.''
(b) Limitation on Losses Not To Apply.--Subsection (b) of section
1211 of such Code is amended by adding at the end the following new
flush sentence:
``The preceding sentence shall not apply to a loss described in section
165(c)(4).''
(c) Effective Date.--The amendments made by this section shall
apply to sales and exchanges on or after January 1, 2000. | Disaster Burden Relief Act of 2001- Amends the Internal Revenue Code to set forth special rules for homes which were destroyed as a result of a disaster in a Presidentially declared disaster area, including permitting a tax credit for certain mortgage payments. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide disaster relief for homeowners."} | 1,591 | 54 | 0.519733 | 1.215548 | 0.81486 | 2.340909 | 31.681818 | 0.795455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Oil and Gas Reform Act of
1999''.
SEC. 2. SANCTIONS FOR VIOLATIONS RELATING TO FEDERAL OIL AND GAS
ROYALTIES.
Section 109 of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1719) is amended to read as follows:
``civil penalties
``Sec. 109. (a) Royalty Violations.--(1) No person shall--
``(A) after due notice of violation or after such violation
has been reported under paragraph (3)(A), fail or refuse to
comply with any requirement of any mineral leasing law or any
regulation, order, lease, or permit under such a law;
``(B) fail or refuse to make any royalty payment in the
amount or value required by any mineral leasing law or any
regulation, order, or lease under such a law;
``(C) fail or refuse to make any royalty payment by the
date required by any mineral leasing law or any regulation,
order, or lease under such a law; or
``(D) prepare, maintain, or submit any false, inaccurate,
or misleading report, notice, affidavit, record, data, or other
written information or filing related to royalty payments that
is required under any mineral leasing law or regulation issued
under any mineral leasing law.
``(2) A person who violates paragraph (1) shall be liable--
``(A) in the case of a violation of subparagraph (B) or (C)
of paragraph (1) for an amount equal to 3 times the royalty the
person fails or refuses to pay, plus interest on that trebled
amount measured from the first date the royalty payment was
due; and
``(B) in the case of any violation, for a civil penalty of
$25,000 per violation for each day the violation continues.
``(3) Paragraph (2) shall not apply to a violation of paragraph (1)
if the person who commits the violation, within 30 days of the
violation--
``(A) reports the violation to the Secretary or a
representative designated by the Secretary; and
``(B) corrects the violation.
``(b) Lease Administration Violations.--Any person who--
``(1) fails to notify the Secretary of--
``(A) any designation by the person under section
102(a); or
``(B) any other assignment of obligations or
responsibilities of the person under a lease;
``(2) fails or refuses to permit--
``(A) lawful entry;
``(B) inspection, including any inspection
authorized by section 108; or
``(C) audit, including any failure or refusal to
promptly tender requested documents;
``(3) fails or refuses to comply with subsection 102(b)(3)
(relating to notification regarding beginning or resumption of
production); or
``(4) fails to correctly report and timely provide
operations or financial records necessary for the Secretary or
any authorized designee of the Secretary to accomplish lease
management responsibilities,
shall be liable for a penalty of up to $10,000 per violation for each
day such violation continues.
``(c) Theft.--Any person who--
``(1) knowingly or willfully takes or removes, transports,
uses or diverts any oil or gas from any lease site without
having valid legal authority to do so; or
``(2) purchases, accepts, sells, transports, or conveys to
another, any oil or gas knowing or having reason to know that
such oil or gas was stolen or unlawfully removed or diverted,
shall be liable for a penalty of up to $25,000 per violation for each
day such violation continues without correction.
``(d) Repeated Violations.--(1)(A) If the Secretary or an
authorized designee of the Secretary determines that any person has
repeatedly violated subsection (a), (b), or (c), the Secretary or
designee shall notify the person of the violation and demand
compliance.
``(B) A person notified pursuant to subparagraph (A) shall correct
the violations by not later than 30 calendar days after the date of the
notification.
``(C) Any person who fails to comply with a demand under
subparagraph (A) shall be liable to the United States for a civil
penalty equal to 3 times the amount of any civil penalty that otherwise
applies under subsection (a), (b), or (c) to the violations to which
the demand relates.
``(2) In addition to the penalty provided in paragraph (1)(C), if
the Secretary determines that any person has repeatedly violated
subsection (a), (b), or (c) or any lease management order, the
Secretary may--
``(A) shut in and cease production of any oil or gas lease
held by the person;
``(B) prohibit the person--
``(i) from acquiring any additional oil or gas
lease, including by transfer or assignment; and
``(ii) from being designated under section 102(a)
to make payments due under any lease;
``(C) cancel or transfer any interest in an oil or gas
lease held by the person; and
``(D) collect from the person reimbursement, including
interest, of all costs of release, transfer, or reclamation of
lease sites canceled or transferred, including costs of
disposing of lease property, facilities, and equipment.
``(e) Administrative Appeal.--(1) Any determination by the
Secretary or a designee of the Secretary of the amount of any royalties
or civil penalties owed under subsection (a), (b), (c), or (d) shall be
final, unless within 15 days after notification by the Secretary or
designee the person liable for such amount files an administrative
appeal in accordance with regulations issued by the Secretary.
``(2) If a person files an administrative appeal pursuant to
paragraph (1), the Secretary or designee shall make a final
determination in accordance with the regulations referred to in
paragraph (1).
``(f) Deduction.--The amount of any penalty under this section, as
finally determined may be deducted from any sums owing by the United
States to the person charged.
``(g) Compromise and Reduction.--On a case-by-case basis the
Secretary may compromise or reduce civil penalties under this section.
``(h) Notice.--Notice under this subsection (a) shall be by
personal service by an authorized representative of the Secretary or by
registered mail. Any person may, in the manner prescribed by the
Secretary, designate a representative to receive any notice under this
subsection.
``(i) Record of Determination.--In determining the amount of such
penalty, or whether it should be remitted or reduced, and in what
amount, the Secretary shall state on the record the reasons for his
determinations.
``(j) Judicial Review.--Any person who has requested a hearing in
accordance with subsection (e) within the time the Secretary has
prescribed for such a hearing and who is aggrieved by a final order of
the Secretary under this section may seek review of such order in the
United States district court for the judicial district in which the
violation allegedly took place. Review by the district court shall be
only on the administrative record and not de novo. Such an action shall
be barred unless filed within 90 days after the Secretary's final
order.
``(k) Failure To Pay.--If any person fails to pay an assessment of
a civil penalty under this Act--
``(1) after the order making the assessment has become a
final order and if such person does not file a petition for
judicial review of the order in accordance with subsection (j),
or
``(2) after a court in an action brought under subsection
(j) has entered a final judgment in favor of the Secretary,
the court shall have jurisdiction to award the amount assessed plus
interest from the date of the expiration of the 90-day period referred
to in subsection (j). Judgment by the court shall include an order to
pay.
``(l) Relationship to Mineral Leasing Act.--No person shall be
liable for a civil penalty under subsection (a) or (b) for failure to
pay any rental for any lease automatically terminated pursuant to
section 31 of the Mineral Leasing Act.
``(m) Tolling of Statutes of Limitation.--(1) Any determination by
the Secretary or a designee of the Secretary that a person has violated
subsection (a), (b)(2), or (b)(4) shall toll any applicable statute of
limitations for all oil and gas leases held or operated by such person,
until the later of--
``(A) the date on which the person corrects the violation
and certifies that all violations of a like nature have been
corrected for all of the oil and gas leases held or operated by
such person; or
``(B) the date a final, nonappealable order has been issued
by the Secretary or a court of competent jurisdiction.
``(2) A person determined by the Secretary or a designee of the
Secretary to have violated subsection (a), (b)(2), or (b)(4) shall
maintain all records with respect to the person's oil and gas leases
until the later of--
``(A) the date the Secretary releases the person from the
obligation to maintain such records; and
``(B) the expiration of the period during which the records
must be maintained under section 103(b).
``(n) State Sharing of Penalties.--Amounts received by the United
States in an action brought under section 3730 of title 31, United
States Code, that arises from any underpayment of royalties owed to the
United States under any lease shall be treated as royalties paid to the
United States under that lease for purposes of the mineral leasing laws
and the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4
et seq.).''.
SEC. 3. SHARED CIVIL PENALTIES.
Section 206 of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1736) is amended--
(1) by inserting ``trebled royalties or'' after ``50 per
centum of any'' and before ``civil penalty''; and
(2) by striking the second sentence. | Federal Oil and Gas Reform Act of 1999 - Amends provisions of the Federal Oil and Gas Royalty Management Act of 1982 concerning civil penalties for violation of Federal oil or gas lease (lease) requirements to include under such violations: (1) the filing of false information relating to royalty payments; (2) lease administration violations (recordkeeping, required notifications, inspections); and (3) theft of oil or gas. Makes a repeat offender under any of such violations liable for three times the amount of the otherwise applicable civil penalty and subject to certain other discretionary penalties, such as ceasing oil or gas production or not being permitted to acquire any other lease. Requires administrative appeal of a violation decision within 15 days. Revises penalty amounts for other violations.
Provides that any determination that a person has violated lease requirements shall toll any applicable statute of limitations for leases held or operated by such person.
Treats amounts received from underpayments of lease royalties owed to the United States as royalties paid to the United States for purposes of the Federal mineral and leasing laws and the Land and Water Conservation Fund Act of 1965.
Includes trebled royalty amounts collected for certain lease violations under a provision requiring 50 percent of amounts collected resulting from activities by a State or Indian tribe pursuant to a cooperative agreement to be payable to such State or tribe. | {"src": "billsum_train", "title": "Federal Oil and Gas Reform Act of 1999"} | 2,308 | 290 | 0.558474 | 1.657475 | 0.903885 | 2.592308 | 8.369231 | 0.815385 |
SECTION 1. EXTENSION OF CERTAIN EXPIRING PROVISIONS OF LAW ADMINISTERED
BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Authority for Health Care for Participation in DOD Chemical and
Biological Warfare Testing.--Section 1710(e)(3)(D) of title 38, United
States Code, is amended by striking ``December 31, 2005'' and inserting
``December 31, 2007''.
(b) Grant and Per Diem Grant Assistance for Homeless Veterans.--
Section 2011(a)(2) of such title is amended by striking ``September 30,
2005'' and inserting ``September 30, 2007''.
(c) Treatment and Rehabilitation for Seriously Mentally Ill and
Homeless Veterans.--Section 2031(b) of such title is amended by
striking ``December 31, 2006'' and inserting ``December 31, 2007''.
(d) Additional Services for Homeless and Seriously Mentally Ill
Veterans.--Section 2033(d) of such title is amended by striking
``December 31, 2006'' and inserting ``December 31, 2007''.
(e) Advisory Committee on Homeless Veterans.--Section 2066(d) of
such title is amended by striking ``December 31, 2006'' and inserting
``December 31, 2007''.
(f) Government Markers in Private Cemeteries.--Section 2306(d)(3)
of such title is amended by striking ``December 31, 2006'' and
inserting ``December 31, 2007''.
(g) Additional Educational Assistance Allowance for Work-Study.--
Section 3485(a)(4) of such title is amended in subparagraphs (A), (C),
and (F) by striking ``December 27, 2006'' and inserting ``June 30,
2007''.
SEC. 2. EXPANSION OF ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE PROGRAM.
(a) Expansion of Eligibility.--Section 3501(a)(1) of title 38,
United States Code, is amended--
(1) by striking the period at the end of subparagraph (A)
and inserting a semicolon;
(2) by striking the comma at the end of subparagraph (B)
and inserting a semicolon;
(3) by striking ``, or'' at the end of subparagraph (C) and
inserting a semicolon;
(4) by striking the comma at the end of subparagraph (D)
and inserting ``; or''; and
(5) by inserting after subparagraph (D) the following new
subparagraph:
``(E) the spouse or child of a person who at the time of
application by such spouse or child for educational assistance
under this chapter is a member of the Armed Forces who, as
determined by the Secretary, has a total disability permanent
in nature incurred or aggravated in the active military, naval,
or air service;''.
(b) Conforming Amendments.--Such title is further amended--
(1) in section 3511--
(A) in subsection (a)(1)--
(i) by striking ``Each eligible person''
and inserting the following: ``Each eligible
person, whether made eligible by one or more of
the provisions of section 3501(a)(1) of this
title,'';
(ii) by striking ``a period'' and inserting
``an aggregate period''; and
(iii) by striking the second sentence;
(B) in subsection (b)(3), by striking ``section
3501(a)(1)(D)'' and inserting ``subparagraph (D) or (E)
of section 3501(a)(1)''; and
(C) in subsection (c), by striking ``or
3501(a)(1)(D)(i)'' and inserting ``3501(a)(1)(D)(i), or
3501(a)(1)(E)'';
(2) in section 3512--
(A) in subsection (a), by striking ``an eligible
person (within the meaning of section 3501(a)(1)(A) of
this title)'' and inserting ``an eligible person whose
eligibility is based on the death or disability of a
parent'';
(B) in subsection (b)--
(i) in paragraph (1)(A)--
(I) by inserting after ``section
3501(a)(1) of this title'' the
following: ``or a person made eligible
by the disability of a spouse under
section 3501(a)(1)(E) of this title'';
(II) by striking ``or
3501(a)(1)(D)(ii) of this title'' and
inserting ``3501(a)(1)(D)(ii), or
3501(a)(1)(E) of this title'';
(ii) in paragraph (1)(B), by adding at the
end the following new clause:
``(iii) The date on which the Secretary notifies the member
of the Armed Forces from whom eligibility is derived that the
member has a total disability permanent in nature incurred or
aggravated in the active military, naval, or air service.'';
and
(iii) in paragraph (2), by striking ``or
(D) of this title'' and inserting ``(D), or (E)
of this title'';
(3) in section 3540, by striking ``and (D)'' and inserting
``(D), and (E)'';
(4) in section 3563, by striking ``each eligible person
defined in section 3501(a)(1)(A) of this title'' and inserting
the following: ``each eligible person whose eligibility is
based on the death or disability of a parent'';
(5) in section 3686(a)(1), by striking ``or (D)'' and
inserting ``(D), or (E)''; and
(6) in section 5113(b)(3)(B), by striking ``or (D)'' and
inserting ``(D), or (E)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to a payment of educational assistance for a course
of education pursued after the date of the enactment of this Act.
Passed the House of Representatives November 14, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Amends federal veterans' benefits provisions to extend through 2007: (1) the authority for health care provided through the Department of Veterans Affairs (VA) due to prior participation in Department of Defense (DOD) chemical and biological warfare testing; (2) certain grants and per diem assistance for homeless veterans; (3) VA treatment and rehabilitation and additional services for seriously mentally ill and homeless veterans; (4) the Advisory Committee on Homeless Veterans; and (5) VA authority to reimburse the next of kin of a deceased veteran for the placement of a government marker at a burial site in a private cemetery.
Extends through June 30, 2007, VA authority for an additional educational assistance allowance for work-study performed by veterans.
Expands eligibility for educational assistance under the Survivors' and Dependents' Educational Assistance Program to include the spouse or child of a member of the Armed Forces who has a total permanent disability incurred in or aggravated by active military service. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to extend certain expiring provisions of law and to expand eligibility for the Survivors' and Dependents' Educational Assistance program."} | 1,502 | 204 | 0.596554 | 1.618922 | 0.703211 | 2.229947 | 6.481283 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arlington National Cemetery
Integrity Act of 1998''.
SEC. 2. PERSONS ELIGIBLE FOR INTERMENT IN ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 2412. Arlington National Cemetery: person eligible for
interment; authorized headstones and markers
``(a) Eligibility.--The remains of the following individuals may be
interred in Arlington National Cemetery:
``(1) Any member of the Armed Forces who dies while on
active duty (other than active duty for training).
``(2) Any retired member of the Armed Forces who--
``(A) served on active duty (other than for
training);
``(B) is carried on a retired list; and
``(C) is entitled to receive retired pay.
``(3) Any former member of the Armed Forces separated for
physical disability before October 1, 1949, who--
``(A) served on active duty (other than for
training); and
``(B) would have been eligible for retirement under
the provisions of section 1201 of title 10 (relating to
retirement for disability) had that section been in
effect on the date of separation of the member.
``(4) Any former member of the Armed Forces whose last
active duty military service (other than for training)
terminated honorably and who has been awarded one of the
following decorations:
``(A) Medal of Honor.
``(B) Distinguished Service Cross (Air Force Cross
or Navy Cross).
``(C) Distinguished Service Medal.
``(D) Silver Star.
``(E) Purple Heart.
``(5) Any former prisoner of war--
``(A) who, while a prisoner of war, served
honorably in the active military, naval, or air
service;
``(B) whose last period of active military, naval,
or air service terminated honorably; and
``(C) who died on or after November 30, 1993.
``(6) Any former member of the Armed Forces whose last
active duty military service (other than for training)
terminated honorably and who has held any of the following
positions:
``(A) An elective office of the United States
Government.
``(B) The office of the Chief Justice of the United
States or of an Associate Justice of the Supreme Court
of the United States.
``(C) An office listed in section 5312 or 5313 of
title 5 (relating to Executive Schedule I and Executive
Schedule II).
``(D) A qualifying chief of mission position in the
Department of State.
``(7) The President or any former President.
``(8) Subject to subsection (b) and (c), the spouse,
surviving spouse, minor child and, at the discretion of the
Superintendent of Arlington National Cemetery, unmarried adult
child of a person listed in paragraphs (1) through (6).
``(9) Subject to subsection (b), the spouse, surviving
spouse, minor child, and, at the discretion of the
Superintendent of Arlington National Cemetery, unmarried adult
child of a member of the Armed Forces who is buried in
Arlington National Cemetery as part of a group burial, but the
spouse, surviving spouse, minor child, or unmarried adult child
may not be buried in the group gravesite.
``(10) Subject to subsection (b), the spouse, surviving
spouse, minor child, and, at the discretion of the
Superintendent of Arlington National Cemetery, unmarried adult
child of any person already buried in Arlington National
Cemetery.
``(11) The parents of a minor child or unmarried adult
child whose remains, based on the eligibility of a parent, are
already buried in Arlington National Cemetery.
``(b) Spouses.--(1) For purposes of paragraph (9) of subsection
(a), the term `spouse' includes the widow or widower of a member of the
Armed Forces who was lost or buried at sea or who was officially
determined to be permanently absent in a status of missing or missing
in action.
``(2) For purposes of paragraph (8), (9), and (10) of subsection
(a), a surviving spouse who has remarried and whose remarriage is void,
terminated by death, or dissolved by annulment or divorce by a court
with basic authority to render such decrees regains eligibility for
burial in Arlington National Cemetery unless it is determined by the
Secretary of the Army that the decree of annulment or divorce was
secured through fraud or collusion.
``(c) Same Gravesite Limitation Inapplicable in Certain Cases.--
(1)(A) In the case of a gravesite of a spouse (whose remains have been
buried in Arlington National Cemetery under paragraph (8) of subsection
(a)) that cannot accommodate the subsequent burial of remains of a
person listed in paragraphs (1) through (6) of subsection (a) due to
encroachment of roots of trees, shrubs, plants, or to a similar event,
the Superintendent of Arlington National Cemetery may provide for the
burial of remains of the person in another gravesite in Arlington
National Cemetery.
``(B) The burial of remains of the person in another gravesite in
Arlington National Cemetery by reason of subparagraph (A) shall not
give rise to eligibility for burial of remains of any other individual
in that gravesite.
``(2) In the case of a gravesite of a person listed in paragraphs
(1) through (6) of subsection (a) (whose remains have been buried in
Arlington National Cemetery) that cannot accommodate the subsequent
burial of remains of an otherwise eligible person described in
paragraph (8) of subsection (a) due to such encroachment or similar
event, the Superintendent of Arlington National Cemetery may not
provide for the burial of remains of that otherwise eligible person in
another gravesite in Arlington National Cemetery.
``(d) Disabled Adult Unmarried Children.--In the case of an
unmarried adult child who is incapable of self-support up to the time
of death because of a physical or mental condition, the child may be
buried under paragraph (7) of subsection (a) without requirement for
approval by the Superintendent of Arlington National Cemetery under
that paragraph if the burial is in the same gravesite as the gravesite
in which the parent has been or will be buried.
``(e) Definition.--For purposes of this section:
``(1) The term `qualifying chief of mission position'
means--
``(A) with respect to service before January 5,
1986, a chief of mission position in the Department of
State that was classified by the Secretary of State as
a Class I Chief of Mission position under the laws and
regulations in effect before January 5, 1986; and
``(B) with respect to service on or after January
5, 1986, a chief of mission position in the Department
of State specified in the enclosure entitled `List of
Chief of Mission Positions' in a letter dated March 21,
1988, from the Deputy Assistant Secretary of State for
Personnel to the Superintendent of the Arlington
National Cemetery (or the corresponding successor chief
of mission position, in the case of Bonn and
Moscow).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2412. Persons eligible for interment in Arlington National
Cemetery.''.
SEC. 3. PERSONS ELIGIBLE FOR INTERMENT IN THE COLUMBARIUM IN ARLINGTON
NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, as
amended by section 2 of this Act, is further amended by adding at the
end the following new section:
``Sec. 2413. Persons eligible for interment in the columbarium in
Arlington National Cemetery
``The cremated remains of the following individuals may be placed
in the columbarium in Arlington National Cemetery:
``(1) A veteran whose last period of active duty service
(other than for training) ended honorably
``(2) The spouse, surviving spouse, minor child, and, at
the discretion of the Superintendent of Arlington National
Cemetery, unmarried adult child of a veteran described in
paragraph (1).''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 24 of title 38, United States Code, as amended by section 2
of this Act, is further amended by adding at the end the following new
item:
``2413. Persons eligible for interment in the columbarium in Arlington
National Cemetery.''. | Arlington National Cemetery Integrity Act of 1998 - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member who served on active duty, was carried on a retired list, and was entitled to retired pay; (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who while such a prisoner served honorably, whose last active military service terminated honorably, and who died on or after November 30, 1993; (6) any former member whose last active military service terminated honorably and who has held one of a number of specified positions in the Federal Government, the Supreme Court, or the State Department; (7) the President or any former President; (8) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member; and (9) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery.
Authorizes: (1) burial in another part of the Cemetery in the case of the remains of a spouse who cannot be buried at the gravesite of the related spouse due to the encroachment of tree roots, shrubs, plants, or similar events; and (2) Cemetery burial for the remains of disabled adult unmarried children of individuals eligible for Cemetery burial.
Authorizes the cremated remains of the following persons to be placed in the Cemetery columbarium: (1) a veteran whose last period of active duty ended honorably; and (2) the spouse, surviving spouse, minor child, or unmarried adult child (discretionary) of such a veteran. | {"src": "billsum_train", "title": "Arlington National Cemetery Integrity Act of 1998"} | 1,919 | 448 | 0.693474 | 1.775913 | 0.755718 | 4.430657 | 4.506083 | 0.961071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Enhancement and
Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The National Park Service has insufficient funds for
the operation, maintenance, and rehabilitation of certain units
of the National Park System.
(2) Federal full fee ownership of structures and lands that
are not consistent with the purposes for which a national
historical park was established and that are essential only to
the protection of such a park is not always required to
preserve the aesthetic, natural, cultural, and historical
values of national historical parks.
(3) The sale or lease, or any extension of a sale or lease,
of secondary structures and surplus lands of national
historical parks that are not consistent with the purposes for
which the parks were established and that are essential only to
the protection of such parks, could generate needed funds while
preserving the values for which the parks were established, if
adequate protection of natural, aesthetic, recreational,
cultural, and historical values is assured by appropriate
terms, covenants, conditions, or reservations.
(4) There are some secondary structures and surplus lands
of national historical parks that need not be owned by the
Federal Government in fee simple to achieve the benefits for
which the parks were established.
SEC. 3. DEFINITIONS.
In this Act:
(1) Surplus land.--The term ``surplus land'' means land
owned by the United States that is--
(A) controlled by the Secretary and administered as
part of a national historical park;
(B) not consistent with the purposes for which the
park was established; and
(C) determined by the Secretary to be surplus to
the purposes of national historical parks.
(2) Secondary Structures.--The term ``secondary
structure''--
(A) means a structure (including associated land)
controlled by the Secretary and administered as part of
a national historical park, that--
(i) is not historic under National Register
on Historic Places criteria; and
(ii) is determined by the Secretary to be
surplus to the purposes of national historical
parks; and
(B) does not include any structure or land that is
determined by the Secretary to be part of the essence
of a national historical park.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. ALLOWING PRIVATE ACQUISITION OR USE OF NATIONAL HISTORICAL PARK
SECONDARY STRUCTURES AND SURPLUS LAND.
(a) Determination of Secondary Structures and Surplus Land.--The
Secretary shall review the lands and structures that are controlled by
the Secretary and administered as part of a national historical park
and determine whether any of those lands or structures are secondary
structures or surplus lands, respectively.
(b) Allowing Private Acquisition or Use.--The Secretary, after
determining it to be in the public interest and after publication of
notice in the Federal Register and 30 days for public comment, may in
accordance with this Act sell, lease, permit the use of, or extend a
lease or use permit for, any land and stucture determined by the
Secretary to be a secondary structure or surplus land, respectively.
SEC. 5. REQUIREMENTS.
(a) Competition.--Except as provided in subsection (c), any sale or
lease of property under this Act shall be made under full and open
competition.
(b) Costs.--The Secretary shall ensure that the terms of any sale,
lease, or use permit under this Act are sufficient to recover the costs
to the United States of awarding and administering the sale, lease, or
permit. The Secretary shall require that a person acquiring, leasing,
or using property under this Act shall bear all reasonable costs of
appraisal incidental to such conveyance, lease, or use, as determined
by the Secretary.
(c) Reacquisition by Original Owner.--Before disposing of any
secondary structure or surplus land under this Act, the Secretary
shall, to the extent possible, provide the person or persons from whom
the structure or land was acquired by the United States, or their
heirs, as determined from the deed and land records for the property,
an opportunity to reacquire the structure or land by negotiated sale,
lease, or use permit. The Secretary shall publish a notice in an
appropriate regional or local newspaper in an attempt to locate such
persons.
(d) Notice to Congress.--The Secretary shall report to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate each
conveyance, lease, or issuance of a use permit for property under this
Act having a total value greater than $150,000, at least 30 days prior
to consummation of the transaction.
SEC. 6. PROTECTION OF HISTORICAL INTEGRITY OF PARK.
In order to protect the natural, aesthetic, recreational, cultural,
or historic values of any national historical park, the Secretary shall
include in any sale, lease, or use permit under this Act any terms,
covenants, conditions, or reservations necessary to ensure preservation
of the public interest and uses consistent with the purposes for which
the park was established.
SEC. 7. USE OF REVENUES.
Amounts received by the United States as proceeds from any sale,
lease, or use of a secondary structure or surplus land under this Act
in excess of the administrative cost of the sale, lease, or use--
(1) shall be deposited in a special fund in the Treasury;
and
(2) shall be available to the Secretary, without further
appropriation, for operation, maintenance, or improvement of,
or for the acquisition of land or interests therein for, the
national park system unit which generated the proceeds. | National Park Enhancement and Protection Act - Requires the Secretary of the Interior, under specified conditions and after reviewing and determining that certain National Historical Park structures and lands are secondary structures and surplus lands, to allow private acquisition or use of the structures and lands.
Requires the Secretary: (1) before disposing of any secondary structure or surplus land, to allow reacquisition by the original owner of such structure or land by negotiated sale, lease, or use permit; and (2) to report to specified congressional committees on each conveyance, lease, or issuance of a use permit for property under this Act having a total value greater than $150,000, at least 30 days before consummation.
Requires amounts in excess of the administrative cost of the sale, lease, or use of the secondary structure or surplus land to be: (1) deposited in a special fund in the Treasury; and (2) available to the Secretary, without further appropriation, for operation, maintenance, or improvement of, or for the acquisition of land or interests therein for, the National Park System unit which generated the proceeds. | {"src": "billsum_train", "title": "National Park Enhancement and Protection Act"} | 1,234 | 236 | 0.606609 | 1.770307 | 0.834713 | 6.398148 | 5.449074 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debt Reduction Priority Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On October 7, 2008, Congress established the Troubled
Assets Relief Program (TARP) as part of the Emergency Economic
Stabilization Act (Public Law 110-343; 122 Stat. 3765) and
allocated $700,000,000,000 for the purchase of toxic assets
from banks with the goal of restoring liquidity to the
financial sector and restarting the flow of credit in our
markets.
(2) The Department of Treasury, without consultation with
Congress, changed the purpose of TARP and began injecting
capital into financial institutions through a program called
the Capital Purchase Program (CPP) rather than purchasing toxic
assets.
(3) Lending by financial institutions was not noticeably
increased with the implementation of the CPP and the
expenditure of $250,000,000,000 of TARP funds, despite the goal
of the program.
(4) The recipients of amounts under the CPP are now faced
with additional restrictions related to accepting those funds.
(5) A number of community banks and large financial
institutions have expressed their desire to return their CPP
funds to the Department of Treasury and the Department has
begun the process of accepting receipt of such funds.
(6) The Department of the Treasury should not unilaterally
determine how these returned funds are spent in the future and
the Congress should play a role in any determination of future
spending of funds returned through the TARP.
SEC. 3. DEBT REDUCTION.
(a) In General.--Title I of the Emergency Economic Stabilization
Act of 2008 (12 U.S.C. 5211 et seq.) is amended by adding at the end
the following:
``SEC. 137. DEBT REDUCTION.
``Not later than 30 days after the date of enactment of this
section, the Secretary of the Treasury shall deposit any amounts
received by the Secretary for repayment of financial assistance or for
payment of any interest on the receipt of such financial assistance by
an entity that has received financial assistance under the TARP or any
program enacted by the Secretary under the authorities granted to the
Secretary under this Act, including the Capital Purchase Program, in
the Public Debt Reduction Payment Account established under section
3114 of title 31, United States Code.''.
SEC. 4. ESTABLISHMENT OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.
(a) In General.--Subchapter I of chapter 31 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 3114. Public Debt Reduction Payment Account
``(a) There is established in the Treasury of the United States an
account to be known as the Public Debt Reduction Payment Account
(hereinafter in this section referred to as the `account').
``(b) The Secretary of the Treasury shall use amounts in the
account to pay at maturity, or to redeem or buy before maturity, any
obligation of the Government held by the public and included in the
public debt. Any obligation which is paid, redeemed, or bought with
amounts from the account shall be canceled and retired and may not be
reissued. Amounts deposited in the account are appropriated and may
only be expended to carry out this section.
``(c) There shall be deposited in the account any amounts which are
received by the Secretary of the Treasury pursuant to section 137 of
the Emergency Economic Stabilization Act of 2008. The funds deposited
to this account shall remain available until expended.
``(d) The Secretary of the Treasury and the Director of the Office
of Management and Budget shall each take such actions as may be
necessary to promptly carry out this section in accordance with sound
debt management policies.
``(e) Reducing the debt pursuant to this section shall not
interfere with the debt management policies or goals of the Secretary
of the Treasury.''.
(b) Conforming Amendment.--The chapter analysis for chapter 31 of
title 31, United States Code, is amended by inserting after the item
relating to section 3113 the following:
``3114. Public debt reduction payment account.''.
SEC. 5. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT.
Section 3101(b) of title 31, United States Code, is amended by
inserting ``minus the aggregate amounts deposited into the Public Debt
Reduction Payment Account pursuant to section 3114(c)'' before ``,
outstanding at one time''.
SEC. 6. OFF-BUDGET STATUS OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.
Notwithstanding any other provision of law, the receipts and
disbursements of the Public Debt Reduction Payment Account established
by section 3114 of title 31, United States Code, shall not be counted
as new budget authority, outlays, receipts, or deficit or surplus for
purposes of--
(1) the budget of the United States Government as submitted
by the President,
(2) the congressional budget, or
(3) the Balanced Budget and Emergency Deficit Control Act
of 1985.
SEC. 7. REMOVING PUBLIC DEBT REDUCTION PAYMENT ACCOUNT FROM BUDGET
PRONOUNCEMENTS.
(a) In General.--Any official statement issued by the Office of
Management and Budget, the Congressional Budget Office, or any other
agency or instrumentality of the Federal Government of surplus or
deficit totals of the budget of the United States Government as
submitted by the President or of the surplus or deficit totals of the
congressional budget, and any description of, or reference to, such
totals in any official publication or material issued by either of such
Offices or any other such agency or instrumentality, shall exclude the
outlays and receipts of the Public Debt Reduction Payment Account
established by section 3114 of title 31, United States Code.
(b) Separate Public Debt Reduction Payment Account Budget
Documents.--The excluded outlays and receipts of the Public Debt
Reduction Payment Account established by section 3114 of title 31,
United States Code, shall be submitted in separate budget documents. | Debt Reduction Priority Act - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to require the Secretary of the Treasury to deposit in the Public Debt Reduction Payment Account (established by this Act) amounts received for repayment of financial assistance or payment of interest on the receipt of such assistance by an entity under the Troubled Asset Relief Program (TARP) or any program enacted by the Secretary under the authorities granted under such Act, including the Capital Purchase Program.
Requires the Secretary to use amounts in the Account to pay at maturity, or to redeem or buy before maturity, any obligation of the government held by the public and included in the public debt.
Reduces the public debt limit by the aggregate of amounts deposited into the Account.
Excludes receipts and disbursements of the Account from consideration as new budget authority, outlays, receipts, or deficit or surplus for purposes of the President's budget, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985. Requires outlays and receipts of the Account to be excluded from any official statement of budget surplus or deficit totals issued by the Office of Management and Budget (OMB), the Congressional Budget Office (CBO), or any other federal agency or instrumentality. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to use any amounts repaid by a financial institution that is a recipient of assistance under the Troubled Assets Relief Program for debt reduction."} | 1,345 | 276 | 0.499109 | 1.451817 | 0.859483 | 5.432773 | 5.121849 | 0.945378 |
SECTION 1. FINDINGS.
Congress finds that--
(1) as the southernmost unleveed portion of the Mississippi
River, Cat Island, Louisiana, is 1 of the last remaining tracts
in the lower Mississippi Valley that is still influenced by the
natural dynamics of the river;
(2) Cat Island supports some of the highest densities of
virgin bald cypress trees in the Mississippi River Valley,
including the champion cypress tree of the United States, which
is 17 feet wide and has a circumference of 53 feet;
(3) Cat Island is important habitat for several declining
species of forest songbirds and supports thousands of wintering
waterfowl;
(4) Cat Island supports high populations of deer, turkey,
and furbearing mammals, such as mink and bobcats;
(5) forested wetland on Cat Island--
(A) represents 1 of the most valuable and
productive wildlife habitats in the United States; and
(B) has high recreational value for hunters,
fishermen, birdwatchers, nature photographers, and
others; and
(6) protection and enhancement of the resources of Cat
Island through the inclusion of Cat Island in the National
Wildlife Refuge System would help meet the habitat protection
goals of the North American Waterfowl Management Plan, signed
by the Minister of the Environment of Canada and the Secretary
in May 1986.
SEC. 2. DEFINITIONS.
In this Act:
(1) Refuge.--The term ``Refuge'' means the Cat Island
National Wildlife Refuge established by section 3(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
SEC. 3. ESTABLISHMENT AND ACQUISITION OF REFUGE.
(a) In General.--There is established a unit of the National
Wildlife Refuge System to be known as the ``Cat Island National
Wildlife Refuge'' in West Feliciana Parish, Louisiana.
(b) Inclusions.--The Refuge shall consist of the land and waters
(including any interest in the land or waters) acquired by the
Secretary for the Refuge under--
(1) subsection (d); or
(2) any other law.
(c) Notice of Establishment.--The Secretary shall publish a notice
of the establishment of the Refuge--
(1) in the Federal Register; and
(2) in publications of local circulation in the vicinity of
the Refuge.
(d) Acquisition.--The Secretary shall seek to acquire for inclusion
in the Refuge, by purchase, exchange, or donation, approximately 36,500
acres of land and adjacent waters (including interests in the land or
adjacent waters) of Cat Island, Louisiana, as depicted on the map
entitled ``Cat Island National Wildlife Refuge, Proposed'', dated
February 8, 2000, which shall be available for inspection in the
appropriate offices of the United States Fish and Wildlife Service.
SEC. 4. PURPOSES OF REFUGE.
The purposes of the Refuge are--
(1) to conserve, enhance, and restore the native bottomland
community characteristics of the lower Mississippi alluvial
valley (including associated fish, wildlife, and plant
species);
(2) to conserve, enhance, and restore habitat to maintain
and assist in the recovery of animals (such as the Louisiana
black bear) and plants that are listed as endangered species or
threatened species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(3) to conserve, enhance, and restore habitats as necessary
to contribute to the migratory bird population goals and
habitat objectives as established through the Lower Mississippi
Valley Joint Venture under the North American Wetlands
Conservation Act (16 U.S.C. 4401 et seq.);
(4) to achieve the habitat objectives of the Lower
Mississippi River Aquatic Resources Management Plan, prepared
by the Lower Mississippi River Conservation Committee;
(5) to authorize the Secretary, through consultation with
Federal, State, and local agencies and adjacent landowners, to
assist in the restoration of forest habitat linkages between
refuge land and other land to reverse past impacts associated
with habitat fragmentation on wildlife and plant species;
(6) to provide compatible opportunities for hunting,
fishing, wildlife observation and photography, and
environmental education and interpretation; and
(7) to encourage the use of volunteers and to facilitate
partnerships among the United States Fish and Wildlife Service,
local communities, conservation organizations, and other non-
Federal entities to promote public awareness of the resources
of the Cat Island National Wildlife Refuge and the National
Wildlife Refuge System (including public participation in the
conservation of those resources).
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary shall administer all land and waters
(including any interest in land or waters) acquired under section 3(d)
in accordance with--
(1) the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.);
(2) Public Law 87-714 (commonly known as the ``Refuge
Recreation Act'') (16 U.S.C. 460k et seq.); and
(3) the purposes of the Refuge described in section 4.
(b) Use of Other Authority.--The Secretary may use such additional
statutory authority as is available to the Secretary to conduct
projects and activities at the Refuge in accordance with this Act,
including projects or activities to conserve or develop--
(1) wildlife and natural resources;
(2) water supplies;
(3) water control structures;
(4) outdoor recreational activity programs; and
(5) interpretive education programs.
SEC. 6. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated to the Secretary such sums
as are necessary for--
(1) the acquisition of interests in land and waters
described in section 3(d)(1); and
(2) the development, operation, and maintenance of the
Refuge. | Directs the Secretary to seek to acquire specified land and adjacent waters of Cat Island for inclusion in the Refuge.
Permits the Secretary to conduct projects and activities at the Refuge in accordance with this Act, including projects or activities to conserve or develop wildlife and natural resources, water supplies, water control structures, outdoor recreational activity programs, and interpretive education programs.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to provide for the establishment of the Cat Island National Wildlife Refuge in West Feliciana Parish, Louisiana."} | 1,240 | 81 | 0.537687 | 1.398924 | 0.683707 | 4.616438 | 16.287671 | 0.917808 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare
Improved Burn Injury Treatment Access Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Terrorist acts, such as the September 11, 2001 attacks
in New York and Washington, D.C. and attacks in countries
throughout the world, major accidental events, chemical plant
explosions, airplane crashes, and major industrial accidents,
result in a substantial number of burn-injured patients.
(2) In most major traumatic events, 25 percent to 30
percent of the injured will require burn care treatment. About
one-third of those hospitalized in New York on September 11th
had severe burn injuries.
(3) According to the American Burn Association (ABA), which
is the national professional society representing hospitals
with burn centers, as well as burn surgeons, nurses,
therapists, and other members of the burn care team, there are
only 128 burn centers in the United States. The total burn-bed
capacity at all burn centers in the United States is 1,835
beds. Burn centers in four States have closed, with a loss of
several beds, which further diminishes the nation's ability to
handle the mass burn casualties that could result from a major
terrorist attack.
(4) Burn centers are a national resource that must be
preserved and strengthened as part of the nation's preparedness
activities to deal with terrorist attacks or other disasters
that would likely lead to mass burn casualties.
(5) Based on a study of over 54,000 burn cases over a 20-
year period of time, the ABA in its 2002 National Burn
Repository Report indicates that 38 percent of burn-injured
patients treated in burn centers were uninsured. This high
level of uncompensated care threatens the survival of burn
centers, the continued existence of which is essential to the
emergency preparedness efforts of the United States.
(6) Burn injuries are among the most costly to treat and
require immediate medical attention.
(7) Because of the necessity of providing immediate care in
the case of burn injuries, the waiting periods established for
Medicare coverage for disabled burn patients should be waived
and it is essential for Medicare to reimburse the costs of such
burn treatment to ensure the financial survival of burn
centers.
SEC. 3. ELIMINATION OF 5-MONTH SOCIAL SECURITY DISABILITY WAITING
PERIOD IN CASES OF INDIVIDUALS WITH DISABLING BURN
INJURIES.
(a) Disability Insurance Benefits.--Section 223(a) of the Social
Security Act (42 U.S.C. 423(a)) is amended by adding at the end the
following new paragraph:
``(3)(A) In the case of any individual who has a disabling burn
injury and is not entitled to disability insurance benefits under this
section for any month solely by reason of the waiting period under
clause (i) in the first sentence of paragraph (1), the Commissioner of
Social Security shall waive the application of the waiting period, and,
notwithstanding clauses (i) and (ii) of the first sentence of paragraph
(1), such individual shall be entitled to disability insurance benefits
for each month, beginning with the first month during all of which such
individual is under a disability and in which such individual would
become so entitled to such insurance benefits under such sentence but
for such waiting period, and ending as provided in paragraph (1).
``(B) For purposes of subparagraph (A) and sections 202(e)(5)(C),
202(f)(6)(C), and 216(i)(2)(A)(ii), an individual is considered to have
a `disabling burn injury' if the individual has a burn injury that
satisfies a finding of disability in accordance with the Social
Security Administration's publication, `Disability Evaluation under
Social Security' (Blue Book, January 2005) for purposes of establishing
eligibility for benefits under this title.''.
(b) Widow's Insurance Benefits Based on Disability.--Section
202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the
end the following new subparagraph:
``(C) In the case of any individual who has a disabling burn injury
(as described in section 223(a)(3)(B)) and is not entitled to widow's
insurance benefits under this section for any month solely by reason of
the waiting period under paragraph (1)(F)(i), the Commissioner of
Social Security shall waive the application of the waiting period, and,
notwithstanding clauses (i) and (ii) of paragraph (1)(F), such
individual shall be entitled to widow's insurance benefits for each
month, beginning with the first month during all of which she is under
a disability and in which she would become so entitled to such
insurance benefits under paragraph (1) but for such waiting period, and
ending as provided in paragraph (1).''.
(c) Widower's Insurance Benefits Based on Disability.--Section
202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the
end the following new subparagraph:
``(C) In the case of any individual who has a disabling burn injury
(as described in section 223(a)(3)(B)) and is not entitled to widower's
insurance benefits under this section for any month solely by reason of
the waiting period under paragraph (1)(F)(i), the Commissioner of
Social Security shall waive the application of the waiting period, and,
notwithstanding clauses (i) and (ii) of paragraph (1)(F), such
individual shall be entitled to widower's insurance benefits for each
month, beginning with the first month during all of which he is under a
disability and in which he would become so entitled to such insurance
benefits under paragraph (1) but for such waiting period, and ending as
provided in paragraph (1).''.
(d) Commencement of Period of Disability.--Section 216(i)(2)(A) of
such Act (42 U.S.C. 416(i)(2)(A)) is amended--
(1) by inserting ``(i)'' after ``(2)(A)'';
(2) by inserting ``(I)'' after ``but only if'';
(3) by inserting ``(II)'' after ``duration or''; and
(4) by adding at the end the following new clause:
``(ii) In any case in which an individual has a disabling burn
injury (as described in section 223(a)(3)(B)) and a month is not
included within a period of disability of such individual solely by
reason of the 5-month duration requirement under clause (i)(I), the
Commissioner of Social Security shall waive the application of such
requirement, and, notwithstanding clause (i)(I), such month shall be
included in a period of disability.''.
(e) Effective Dates.--The amendments made by subsection (a) 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 beginning after the date of the
enactment of this Act. The amendments made by subsections (b) and (c)
shall apply only with respect to benefits based on disability under
subsection (e) or (f) of section 202 of the Social Security Act for
months after the date of the enactment of this Act. The amendments made
by subsection (d) shall apply only with respect to applications for
disability determinations filed under title II of the Social Security
Act after the date of the enactment of this Act.
SEC. 4. ELIMINATION OF 24-MONTH MEDICARE DISABILITY WAITING PERIOD IN
CASES OF INDIVIDUALS WITH DISABLING BURN INJURIES.
(a) In General.--Section 226(h) of the Social Security Act (42
U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by
inserting ``or a disabling burn injury (as described in section
223(a)(3)(B))'' after ``amyotrophic lateral sclerosis (ALS)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to benefits under title XVIII of the Social Security Act with
respect to items and services furnished in months beginning after the
date of the enactment of this Act. | Social Security and Medicare Improved Burn Injury Treatment Access Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Commissioner of Social Security to waive the application of the five-month Social Security disability waiting period in cases of individuals with disabling burn injuries.
Eliminates the 24-month Medicare disability waiting period in cases of individuals with disabling burn injuries. | {"src": "billsum_train", "title": "To amend the Social Security Act to eliminate the 5-month waiting period for Social Security disability and the 24-month waiting period for Medicare benefits in the cases of individuals with disabling burn injuries."} | 1,935 | 97 | 0.478428 | 1.249014 | 1.186538 | 4.926829 | 20.439024 | 0.902439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural and Tribal Voter Rights Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Chief state election official.--The term ``chief State
election official'' means, with respect to a State, the
individual designated by the State under section 10 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to
be responsible for coordination of the State's responsibilities
under such Act.
(2) Commission.--The term ``Commission'' means the Election
Assistance Commission established under section 201 of the Help
America Vote Act of 2002 (42 U.S.C. 15321).
SEC. 3. PAYMENTS TO STATES FOR ACTIVITIES TO EXPAND EARLY VOTING
ACCESS, PROVIDE FOR EQUITABLE DISTRIBUTION OF EARLY
VOTING POLLING LOCATIONS, AND VOTER REGISTRATION REFORMS.
(a) In General.--The Commission shall make a requirements payment
each fiscal year in an amount determined under subsection (b) to each
State that the Commission determines meets the requirements described
in section 4(b).
(b) Amount of Payment.--
(1) In general.--Subject to subsection (c), the amount of a
payment made to a State for a fiscal year under this section
shall be equal to the product of--
(A) the total amount appropriated for payments for
the fiscal year pursuant to the authorization under
subsection (h) minus the total amount of all of the
minimum payment amounts determined under subsection
(c); and
(B) the State allocation percentage for the State
(as determined under paragraph (2)).
(2) State allocation percentage defined.--The ``State
allocation percentage'' for a State is the amount (expressed as
a percentage) equal to the quotient of--
(A) the voting age population of the State (as
reported in the most recent decennial census); and
(B) the total voting age population of all States
(as reported in the most recent decennial census).
(c) Guaranteed Minimum Payment Amount.--The amount of a payment
made to a State for a fiscal year under this section may not be less
than--
(1) in the case of any of the several States or the
District of Columbia, one-half of 1 percent of the total amount
appropriated for payments under the authorization under
subsection (h) for the fiscal year; or
(2) in the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, or the United States Virgin Islands, one-tenth
of 1 percent of such total amount.
(d) State Receipt of Funds.--A State is eligible to receive a
payment under this section for a fiscal year if the chief executive
officer of the State, or designee, in consultation and coordination
with the chief State election official, has filed with the Commission a
statement certifying that the State is in compliance with the
requirements of section 4(b).
(e) Use of Payment.--
(1) In general.--A State shall use the funds provided under
a payment made under this section to carry out the requirements
of this Act, including the following:
(A) Training and hiring election officials, poll
workers, and election volunteers.
(B) Establishing early voting locations.
(C) Implementing the State plan described in
section 4(b).
(D) Acquiring, leasing, improving, modifying, or
replacing voting technology to implement the
requirements of this Act.
(E) Establishing online registration systems.
(F) Educating voters about voting opportunities,
voter registration, voting procedures, and voting
rights.
(2) Use for other purposes.--Subject to paragraph (3), a
State may use the funds provided under a payment made under
this section to improve the administration of elections for
Federal office if the chief State election official certifies
that the requirements of this Act have been met.
(3) Limitation.--A State may not use any portion of a
payment under this section--
(A) to pay costs associated with any litigation; or
(B) for the payment of any judgment.
(f) Eligibility.--A State is eligible to receive a payment under
this section notwithstanding that State legislation is required to
carry out an activity under this Act and the State legislation has not
been enacted at the time this Act takes effect.
(g) Deposit of Amounts in State Election Fund.--A State shall
deposit any funds provided under this section in the State election
fund described in section 254(b) of the Help America Vote Act of 2002
(42 U.S.C. 15404(b)).
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section such sums as may be necessary to provide
grants to States to carry out the requirements of this Act.
(2) Continuing availability of funds after appropriation.--
Any payment made to a State under this section shall be
available to the State without fiscal year limitation.
SEC. 4. EQUITABLE DISTRIBUTION OF EARLY VOTING POLLING LOCATIONS.
(a) Tribal Early Voting Locations.--A State or local election
official shall provide at least one early voting location on tribal
land when requested by the applicable Tribal government.
(b) State Early Voting Location Distribution Plan Development.--
(1) In general.--Each State shall, after reasonable notice
and public hearings, adopt and submit to the Commission, not
later than the date that is 2 years after the date of enactment
of this Act, a plan which provides for the equitable
distribution of early voting locations.
(2) State plan development.--The chief executive officer of
each State, or designee, in consultation and coordination with
the chief State election official, shall develop the State plan
through a committee of appropriate individuals, including the
local election officials of the two most populous jurisdictions
in the State, other local election officials in the State,
stakeholders, and other citizens, appointed for such purpose by
the chief State election official.
(3) State plan requirements.--A State plan shall ensure
that eligible voters have adequate access to early voting
locations, taking into consideration each of the following:
(A) Population density.
(B) Travel time to local election offices.
(C) Travel time to permanent or temporary early
voting locations.
(D) The potential use of alternate early voting
locations, including public buildings, city and county
government buildings, tribal government offices, public
libraries, fairgrounds, civic centers, courthouses,
senior centers, community centers, and private places
of business.
(E) The extent to which members of a class
protected by section 2(a) of the Voting Rights of Act
of 1965 (42 U.S.C. 1973(a)) have an equal opportunity
to participate in early voting and have an equal
opportunity to access early voting locations.
(F) The potential use of temporary early voting
locations, including mobile voting systems.
(4) Revision of state plan.--Each State plan shall provide
for revision of the plan from time to time as may be necessary
to take account of changes in voter populations.
(5) Publication by commission.--The Commission shall
publish in the Federal Register each State plan submitted to
the Commission under this subsection.
(6) Exemption for states that provide for equitable
distribution of early voting locations.--The requirements of
this subsection shall not apply to a State that, under State
law that is in effect continuously on and after June 1, 2016,
provides for the equitable distribution of early voting
locations in the State with respect to elections for Federal
office (as determined by the Commission).
SEC. 5. EXPANDING EARLY VOTING ACCESS.
(a) In General.--Each State shall make early voting available to
any eligible voter for at least ten days before an election for Federal
office. An eligible voter may cast their early voting ballots in person
at an early voting location during that 10-day period in the same
manner as any ballot would be cast in the precinct on election day.
(b) Effective Date.--Each State shall be required to comply with
the requirements of this section on and after the date that is one year
after the date of enactment of this Act.
SEC. 6. DESIGNATION OF CERTAIN FEDERAL FACILITIES AS VOTER REGISTRATION
AGENCIES.
(a) In General.--The Secretary of Veterans Affairs, the Secretary
of Health and Human Services, the Commissioner of the Social Security
Administration, the Postmaster General, the Secretary of Agriculture,
and the Secretary of the Interior shall permit a State to designate
facilities of the respective agencies located in the State as voter
registration agencies under section 7 of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-5).
(b) Activities.--A voter registration agency designated under
subsection (a) shall carry out the following activities:
(1) Offer with each application to the agency for service
or assistance, and with each recertification, renewal, or
change of address form relating to such service or assistance,
the mail voter registration application form described in
section 9 of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg-7(a)(2)) or the agency's own form if it is
equivalent to the form described in such section, unless the
applicant declines to register to vote or update their voter
registration in writing.
(2) Provide a form that includes the following:
(A) The question, ``If you are not registered to
vote where you live now, would you like to apply to
register to vote here today?''.
(B) If the agency provides public assistance, the
statement, ``Applying to register or declining to
register to vote will not affect the amount of
assistance that you will be provided by this agency.''.
(C) Boxes for the applicant to check to indicate
whether the applicant would like to register or update
their registration to vote, or decline to register or
update their registration to vote.
(3) Provide assistance to applicants in completing the
voter registration application forms, unless the applicant
refuses such assistance in writing.
(4) Accept completed voter registration application forms
for transmittal to the appropriate State or local election
official.
(c) Transmittal.--
(1) In general.--Subject to paragraph (2), a completed
voter registration application accepted at a voter registration
agency designated under subsection (a) shall be electronically
transmitted, in a format that can be translated and uploaded
into the Statewide voter database established pursuant to
section 303(a) of the Help America Vote Act of 2002 (42 U.S.C.
15483(a)), to the appropriate State or local election official
not later than 10 days after the date of acceptance.
(2) Exception.--If a voter registration application is
accepted within 5 days before the last day for registration to
vote in an election for Federal office, the application shall
be transmitted to the appropriate State or local election
official not later than 5 days after the date of acceptance.
(3) Updated registration.--If an application is an updated
voter registration, the voter registration agency shall label
the updated registration accordingly.
(d) Clarification Regarding Application.--The requirements of this
section shall only apply to a voter registration agency designated
under subsection (a). Nothing in this section shall affect the
application of section 7 of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg-5) to a voter registration agency not designated
under such subsection.
(e) Integration With State Electronic Voter Registration Systems.--
The Commission shall implement an online system that, to the extent
practicable--
(1) provides an electronic means for a voter registration
agency designated under subsection (a) to carry out the
requirements of this section;
(2) transmits a completed voter registration application to
the appropriate State or local election official; and
(3) in the case of an individual registering to vote in a
State that operates its own electronic voter registration
system, directs an applicant to that system.
SEC. 7. SAME DAY AND ELECTRONIC REGISTRATION.
(a) Same Day Registration.--Notwithstanding section 8(a)(1)(D) of
the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6), each
State shall permit any eligible individual on the day of an election
for Federal office and on any day when voting, including early voting,
is permitted for an election for Federal office--
(1) to register to vote in such election using a form that
meets the requirements under section 9(b) of the National Voter
Registration Act of 1993; and
(2) to cast a vote in such election.
(b) Electronic Registration.--
(1) In general.--Each State shall provide a secure online
interface available to the public on a public, government
website that allows any eligible individual to register to vote
or to update their voter registration with an online voter
registration application that meets the requirements of the
mail voter registration application form described in section 9
of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg-7(a)(2)). The online application shall be processed in
the same manner as a mail voter registration application form
is processed, subject to the requirements of section 303(b) of
the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), except
that the absence of a written signature shall not preclude the
registration of an eligible individual.
(2) Effective date.--Each State shall be required to comply
with the requirements of this subsection on and after the date
that is one year after the date of enactment of this Act.
(c) Eligible Individual.--For purposes of this section, the term
``eligible individual'' means, with respect to an election for Federal
office, an individual who is otherwise qualified to vote in that
election.
(d) Exception.--This section shall not apply to a State in which,
under a State law in effect continuously on and after the date of the
enactment of this section, there is no voter registration requirement
for individuals in the State with respect to elections for Federal
office.
SEC. 8. ENFORCEMENT.
(a) Attorney General.--The Attorney General may bring a civil
action in an appropriate district court for such declaratory or
injunctive relief as is necessary to carry out this Act.
(b) Private Right of Action.--
(1) Notice.--A person who is aggrieved by a violation of
this Act may provide written notice of the violation to the
chief State election official of the State involved.
(2) Civil action.--If the violation is not corrected within
90 days after receipt of a notice under paragraph (1), or
within 20 days after receipt of the notice if the violation
occurred within 120 days before the date of an election for
Federal office, the aggrieved person may bring a civil action
in an appropriate district court for declaratory or injunctive
relief with respect to the violation.
(3) Exception to notice if violation within 30 days of
election.--If the violation occurred within 30 days before the
date of an election for Federal office, the aggrieved person
need not provide notice to the chief State election official
under paragraph (1) before bringing a civil action under
paragraph (2).
(c) Relation to Other Laws.--
(1) In general.--The rights and remedies established by
this Act are in addition to all other rights and remedies
provided by law, and neither the rights and remedies
established by this section nor any other provision of this Act
shall supersede, restrict, or limit the application of the
Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(2) No authorization or requirement for conduct prohibited
by the voting rights act.--Nothing in this Act authorizes or
requires conduct that is prohibited by the Voting Rights Act of
1965 (42 U.S.C. 1973 et seq.). | Rural and Tribal Voter Rights Act - Directs the Election Assistance Commission to make a payment each fiscal year to each state which meets early voting location distribution plan development requirements for ensuring that eligible voters have adequate access to early voting locations. Requires a state or local election official to provide at least one one early voting location on tribal land when requested by the tribal government. Requires each state to, after reasonable notice and public hearings, adopt and submit to the Commission a plan which provides for the equitable distribution of early voting locations. Requires each state to make early voting available to any eligible voter for at least 10 days before an election for federal office. Directs the Secretary of Veterans Affairs, the Secretary of Health and Human Services (HHS), the Commissioner of the Social Security Administration, the Postmaster General, the Secretary of Agriculture, and the Secretary of the Interior to permit a state to designate facilities of the respective agencies located in the state as voter registration agencies. Requires each state to permit any eligible individual on the same day as a federal election and on any day when voting, including early voting, is permitted for a federal election to: (1) register to vote in the election, and (2) cast a vote in it. Requires each state to provide a secure online interface available to the public on a public, government website that allows any eligible individual to register electronically to vote or to update their voter registration. Authorizes the Attorney General to bring a civil action in an appropriate district court for declaratory or injunctive relief as necessary to carry out this Act. Allows any aggrieved person a private right of action, too. | {"src": "billsum_train", "title": "Rural and Tribal Voter Rights Act"} | 3,492 | 359 | 0.495677 | 1.492007 | 0.700749 | 5.167192 | 10.094637 | 0.984227 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Premium Reduction Act''.
SEC. 2. STATE HEALTH INSURANCE PREMIUM REDUCTION PROGRAM.
Part 5 of subtitle D of title I of the Patient Protection and
Affordable Care Act (42 U.S.C. 18061 et seq.) is amended by adding at
the end the following:
``SEC. 1344. STATE HEALTH INSURANCE PREMIUM REDUCTION PROGRAM.
``(a) Grants.--The Secretary shall establish a program for awarding
a grant to a State to enable such State to support, in connection with
reducing health insurance premiums and providing affordable health
benefits coverage that includes a risk-adjustment mechanism for the
purpose of supporting the purchase of private health insurance by
consumers in the State, and for ensuring stable health insurance
premiums through the activities carried out under subsection (e).
``(b) Requirement.--To be eligible to receive a grant under this
section a State shall--
``(1) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary shall require;
``(2) include in such application a description of the
State private health insurance market, including a list of
county-specific premium increase percentages that are 10
percent or greater, and an assurance that such State will
comply with the requirements of section 1101(c)(2); and
``(3) include in such application an assurance that the
State will expend all or a portion of the funds received under
the grant on the risk-adjustment mechanism for the State.
``(c) Priority Review.--
``(1) Evaluation.--The Secretary, in consultation with the
Assistant Secretary for Planning and Evaluation, shall conduct
an evaluation of all regions in the United States to assess
which regions (that may be comprised of collections of
geographic subdivisions such as Core-Based Statistical Areas,
census tracts, or ZIP Codes) have the highest premiums for
health insurance coverage.
``(2) Priority.--States identified under the evaluation
under paragraph (1) shall receive priority in obtaining grants
under this section in order to stabilize premium trends.
``(d) Use of Funds.--
``(1) Set-aside.--A State that receives a grant under this
section shall use grant funds to carry out the following:
``(A) Activities to provide for a reduction in
health insurance premium trends and actual premiums
through programs such as State-specific cost-sharing
programs to reduce deductibles and out-of-pocket
expenses.
``(B) Activities to increase the number of
individuals in the State that receive health insurance
coverage.
``(C) A State-run premium rate review program to
determine unreasonable health insurance premium
increases and assist the State in facilitating an
effective program to reduce such rates in accordance
with section 2794 of the Public Health Service Act.
``(D) Activities under section 1332 to allow for
greater State flexibility in addressing affordability,
quality, and accessibility of health insurance in the
States.
``(2) Bonus payments.--
``(A) In general.--The Secretary, in consultation
with the Assistant Secretary for Planning and
Evaluation, shall conduct an evaluation of all regions
in the United States to assess which regions (that may
be comprised of collections of geographic subdivisions
such as Core-Based Statistical Areas, census tracts, or
ZIP Codes) have the highest premiums for health
insurance coverage. Such evaluation shall determine the
following:
``(i) The number of individuals with access
to health insurance coverage in each region.
``(ii) The average premiums and out-of-
pocket expenses per person in each such region.
``(iii) The amount of uncompensated health
care provided by hospitals, clinics, and
safety-net providers in each such region.
``(iv) The extent to which a State has used
tools to control and analyze health care costs
through health care data collection.
``(B) Use.--Amounts provided as a bonus payment
under this paragraph may be used by the State for
activities designed to reduce health insurance
premiums, or to keep such premiums from rising, for
consumers in the State, in coordination with the
Department of Health and Human Services. Such
activities may include the provision of direct
assistance to consumers in the form of tax credits to
reduce premiums.
``(e) Risk Mitigation and Risk Corridors.--
``(1) In general.--The Secretary shall distribute amounts
available for the risk mitigation and risk corridor program
under subsection (d) for calendar years 2016, 2017, and 2018.
``(2) Payments.--Payments shall be made under this
subsection in accordance with such section 1342.
``(3) Use of funds.--A State shall use amounts received
under this subsection for activities described in subsection
(d)(1).
``(f) Funding.--
``(1) In general.--The Secretary shall carry out this
section using amounts made available for the Department of
Health and Human Services and remaining unobligated.
``(2) No limitation on other assistance.--Nothing in this
section shall be construed as prohibiting the Secretary and the
Secretary of the Treasury from utilizing additional funds to
carry out this section or other programs to support the
subsidized, affordable purchase of private health insurance
coverage, notwithstanding the Consolidated and Further
Continuing Appropriations Act, 2015 (Public Law 113-235).''. | Health Care Premium Reduction Act This bill amends the Patient Protection and Affordable Care Act to require the Department of Health and Human Services to award grants to states to support the purchase of private health insurance by consumers and to stabilize health insurance premiums. Priority is given to states with the highest health insurance premiums and such states may be provided bonus payments. States must use grants to: reduce health insurance premiums through activities such as cost-sharing programs to reduce deductibles and out-of-pocket expenses; increase the number of individuals with health insurance; review premium rates to determine unreasonable premium increases and facilitate reduction of such rates; and address health insurance affordability, quality, and accessibility through a waiver of health coverage requirements. | {"src": "billsum_train", "title": "Health Care Premium Reduction Act"} | 1,214 | 148 | 0.55352 | 1.336885 | 0.729176 | 2.785714 | 8.05 | 0.914286 |
SECTION 1. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF MEMBERS OF THE
ARMED FORCES.
(a) Availability of Locator Information.--
(1) Maintenance of address information.--The Secretary of
Defense shall establish a centralized personnel locator service
that includes the address of each member of the Armed Forces
under the jurisdiction of the Secretary. Upon request of the
Secretary of Transportation, addresses for members of the Coast
Guard shall be included in the centralized personnel locator
service.
(2) Type of address.--
(A) Residential address.--Except as provided in
subparagraph (B), the address for a member of the Armed
Forces shown in the locator service shall be the
residential address of that member.
(B) Duty address.--The address for a member of the
Armed Forces shown in the locator service shall be the
duty address of that member in the case of a member--
(i) who is permanently assigned overseas,
to a vessel, or to a routinely deployable unit;
or
(ii) with respect to whom the Secretary
concerned makes a determination that the
member's residential address should not be
disclosed due to national security or safety
concerns.
(3) Updating of locator information.--Within 30 days after
a member listed in the locator service establishes a new
residential address (or a new duty address, in the case of a
member covered by paragraph (2)(B)), the Secretary concerned
shall update the locator service to indicate the new address of
the member.
(4) Availability of information.--The Secretary of Defense
shall make information regarding the address of a member of the
Armed Forces listed in the locator service available, on
request, to the Federal Parent Locator Service.
(b) Facilitating Granting of Leave for Attendance at Hearings.--
(1) Regulations.--The Secretary of each military
department, and the Secretary of Transportation with respect to
the Coast Guard when it is not operating as a service in the
Navy, shall prescribe regulations to facilitate the granting of
leave to a member of the Armed Forces under the jurisdiction of
that Secretary in a case in which--
(A) the leave is needed for the member to attend a
court hearing described in paragraph (2);
(B) the member is not serving in or with a unit
deployed in a contingency operation (as defined in
section 101 of title 10, United States Code); and
(C) the exigencies of military service (as
determined by the Secretary concerned) do not otherwise
require that such leave not be granted.
(2) Covered court hearings.--Paragraph (1) applies to a
court hearing that is conducted in connection with a civil
action--
(A) to determine whether a member of the Armed
Forces is a natural parent of a child; or
(B) to determine an obligation of a member of the
Armed Forces to provide child support.
(3) Definitions.--For purposes of this subsection:
(A) The term ``court'' has the meaning given that
term in section 1408(a) of title 10, United States
Code.
(B) The term ``child support'' has the meaning
given such term in section 462 of the Social Security
Act (42 U.S.C. 662).
(c) Payment of Military Retired Pay in Compliance With Court
Orders.--
(1) Date of certification of court order.--Section 1408 of
title 10, United States Code, is amended--
(A) by redesignating subsection (i) as subsection
(j); and
(B) by inserting after subsection (h) the following
new subsection (i):
``(i) Certification Date.--It is not necessary that the date of a
certification of the authenticity or completeness of a copy of a court
order for child support received by the Secretary concerned for the
purposes of this section be recent in relation to the date of receipt
by the Secretary.''.
(2) Payments consistent with assignments of rights to
states.--Subsection (d)(1) of such section is amended by
inserting after the first sentence the following: ``In the case
of a spouse or former spouse who, pursuant to section
402(a)(26) of the Social Security Act (42 U.S.C. 602(26)),
assigns to a State the rights of the spouse or former spouse to
receive support, the Secretary concerned may make the child
support payments referred to in the preceding sentence to that
State in amounts consistent with that assignment of rights.''.
(3) Arrearages owed by members of the uniformed services.--
Section 1408(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(6) In the case of a court order for which effective service is
made on the Secretary concerned on or after the date of the enactment
of this paragraph and which provides for payments from the disposable
retired pay of a member to satisy the amount of child support set forth
in the court order, the authority provided in paragraph (1) to make
payments from the disposable retired pay of a member to satisy the
amount of child support set forth in a court order shall apply to
payment of any amount of child support arrearages set forth in that
court order as well as to amounts of child support that currently
become due.''.
Passed the House of Representatives October 5, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Directs the Secretary of Defense (Secretary) to establish a centralized personnel locator service that includes the addresses of each member of the armed forces. Requires addresses of members of the Coast Guard to be included upon request of the Secretary of Transportation. Requires the Secretary to update the locator service within 30 days after a listed member establishes a new address. Directs the Secretary to make such information available, upon request, to the Federal Parent Locator Service.
Directs the Secretary of each military department (and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy) to prescribe regulations to facilitate the granting of leave for purposes of attending court hearings to determine either parentage or an obligation to provide child support.
States that it is not necessary that the date of a certification of the authenticity or completeness of a copy of a court order for child support received by the Secretary concerned (such support to be paid through the retired pay of the member involved) be recent. Allows the Secretary concerned to make required child support payments to a State when a spouse or former spouse assigns to a State the right to receive support. Empowers the Secretary concerned to pay child support arrearages through the disposable retired pay of the responsible member. | {"src": "billsum_train", "title": "To provide for improved procedures for the enforcement of child support obligations of members of the Armed Forces."} | 1,208 | 282 | 0.647449 | 2.010166 | 0.918265 | 4.306452 | 4.415323 | 0.903226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FCC Reorganization Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Communications Act of 1934 grants the Federal
Communications Commission permission to organize ``integrated
bureaus'' and ``other divisional organizations'' for the
purpose of assisting the Commission in its principal workload.
(2) The Federal Communications Commission originally
created and organized its bureaus at a time when individual
companies offered single, discreet telecommunications services.
(3) New communications technologies enable a single company
to offer a variety of services (such as cable companies
offering video, voice, and data).
(4) The organization of the Federal Communications
Commission's bureaus based on the type of technology is an
obsolete model and is no longer relevant since new technologies
provide multiple services.
SEC. 3. REGULATORY FUNCTION AND STRUCTURE OF THE FCC.
Subsection (b) of section 5 of the Communications Act of 1934 (47
U.S.C. 155(b)) is amended to read as follows:
``(b) Staff Organization.--
``(1) Authority to organize.--The Commission shall--
``(A) except as provided in paragraph (3),
establish and maintain the bureaus required by
paragraph (2); and
``(B) organize the remainder of its staff into--
``(i) integrated bureaus based on the
purposes of the regulation to be administered
by such bureau; and
``(ii) such other divisional organizations
as the Commission may deem necessary.
``(2) Required divisions.--Except as provided in paragraph
(3), the Commission shall establish and maintain the following
bureaus and divisions:
``(A) Spectrum management bureau.--A Spectrum
Management Bureau with responsibility for all issues
relating to electromagnetic spectrum, including
spectrum allocation, spectrum interference regulations,
unlicensed user regulations, and other general spectrum
regulations.
``(B) Government affairs and consumer education
bureau.--A Government Affairs and Consumer Education
Bureau with responsibility for all issues relating to
government relations and consumer education including
consumer affairs and outreach, consumer inquiries and
complaints, information access and privacy, policy,
reference information center, and consumer
publications.
``(C) Economic regulations bureau.--An Economic
Regulation Bureau with responsibility for all issues
relating to economic regulations, including
intercarrier compensation, pricing regulations, and
media ownership regulations, and the Universal Service
Fund/E-rate program.
``(D) Public interest bureau.--A Public Interest
Bureau with responsibility for all issues relating to
public interest programs, such as Disabled Services, E-
911 regulations, and requirements under the
Communications Assistance for Law Enforcement Act.
``(E) Broadcast content bureau.--A Broadcast
Content Bureau with responsibility for all issues
relating to broadcast content, including broadcast
decency and child-friendly television.
``(F) Licensing bureau.--A Licensing Bureau with
responsibility for all issues relating to licensing,
including spectrum auctions and license renewal
``(G) Enforcement bureau.--An Enforcement Bureau
with the same responsibilities such Bureau had on the
date of enactment of the FCC Reorganization Act.
``(H) International bureau.--An International
Bureau with the same responsibilities such Bureau had
on the date of enactment of the FCC Reorganization Act.
``(3) Periodic re-examination.--The Commission shall, at
least once after each 5-year interval after the date of
enactment of the FCC Reorganization Act--
``(A) re-examine the organization of the bureaus
established under subparagraph (A) and (B)(i) of
paragraph (1) to determine whether such organization
continues to meet the requirements and needs of the
Commission; and
``(B) carry out any reorganization that the
Commission determines to be necessary to meet the
requirements and needs of the Commission.
``(4) Bureau staffing.--Each bureau established under
subparagraph (A) and (B)(i) of paragraph (1) shall include such
legal, engineering, accounting, administrative, clerical, and
other personnel as the Commission may determine to be necessary
to perform its functions.''.
SEC. 4. EFFECTIVE DATE; TRANSITION.
The amendment made by section 3 is effective 18 months after the
date of enactment of this Act, except that the Federal Communications
Commission is authorized and required to take actions to begin
implementation of, and compliance with, such amendment on such date of
enactment. | FCC Reorganization Act - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to organize its staff into integrated bureaus based on the purposes of the regulations to be administered by such bureau.
Requires the following bureaus within the FCC: (1) spectrum management; (2) government affairs and consumer education; (3) economic regulations; (4) public interest; (5) broadcast content; (6) licensing; (7) enforcement; and (8) international. Directs the FCC, at least once every five years, to reexamine such organization and carry out any necessary reorganization. | {"src": "billsum_train", "title": "To require the Federal Communications Commission to reorganize the bureaus of the Commission in order to better carry out their regulatory functions."} | 1,000 | 131 | 0.561764 | 1.528245 | 0.60059 | 2.252101 | 7.705882 | 0.890756 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children and Media Research
Advancement Act'' or the ``CAMRA Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Congress recognized the important role of electronic
media in children's lives when it passed the Children's
Television Act of 1990 (Public Law 101-437) and the
Telecommunications Act of 1996 (Public Law 104-104), both of
which documented public concerns about how electronic media
products influence children's development.
(2) Congress has held hearings over the past several
decades to examine the impact of specific types of media
products such as violent television, movies, and video games on
children's and adolescents' health and development. These
hearings and other public discussions about the role of media
in children's and adolescents' development require behavioral
and social science research to inform the policy deliberations.
(3) There are important gaps in our knowledge about the
role of electronic media and in particular, the newer
interactive digital media, in children's and adolescents'
healthy development. The consequences of very early screen
usage by babies and toddlers on children's cognitive growth are
not yet understood, nor has a research base been established on
the psychological consequences of high definition interactive
media and other format differences for child and adolescent
viewers.
(4) Studies have shown that children who primarily watch
educational shows on television during their preschool years
are significantly more successful in school 10 years later even
when critical contributors to the child's environment are
factored in, including their household income, parent's
education, and intelligence.
(5) The early stages of childhood are a critical formative
period for development. Virtually every aspect of human
development is affected by the environments and experiences
that one encounters during his or her early childhood years,
and media exposure is an increasing part of every child's
social and physical environment.
(6) As of the late 1990's, just before the National
Institute of Child Health and Human Development funded 5
studies on the role of sexual messages in the media on
children's and adolescents' sexual attitudes and sexual
practices, a review of research in this area found only 15
studies ever conducted in the United States on this topic, even
during a time of growing concerns about HIV infection.
(7) In 2001, a National Academy of Sciences study group
charged with studying Internet pornography exposure on youth
found virtually no literature about how much children and
adolescents were exposed to Internet pornography or how such
content impacts their development.
(8) In order to develop strategies that maximize the
positive and minimize the negative effects of each medium on
children's physical, cognitive, social, and emotional
development, it would be beneficial to develop a research
program that can track the media habits of young children and
their families over time using valid and reliable research
methods.
(9) Research about the impact of the media on children and
adolescents is not presently supported through one primary
programmatic effort. The responsibility for directing the
research is distributed across disparate agencies in an
uncoordinated fashion, or is overlooked entirely. The lack of
any centralized organization for research minimizes the value
of the knowledge produced by individual studies. A more
productive approach for generating valuable findings about the
impact of the media on children and adolescents would be to
establish a single, well-coordinated research effort with
primary responsibility for directing the research agenda.
(10) Due to the paucity of research about electronic media,
educators and others interested in implementing electronic
media literacy initiatives do not have the evidence needed to
design, implement, or assess the value of these efforts.
(b) Purpose.--It is the purpose of this Act to enable the Centers
for Disease Control and Prevention to--
(1) examine the role and impact of electronic media in
children's and adolescents' cognitive, social, emotional,
physical, and behavioral development; and
(2) provide for a report to Congress containing the
empirical evidence and other results produced by the research
funded through grants under this Act.
SEC. 3. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE
DEVELOPMENT OF CHILDREN AND ADOLESCENTS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317S the following:
``SEC. 317T. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE
DEVELOPMENT OF CHILDREN AND ADOLESCENTS.
``(a) In General.--Not later than 6 months after the date of the
enactment of this section, the Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall enter into
appropriate arrangements with the National Academy of Sciences in
collaboration with the Institute of Medicine to establish an
independent panel of experts (in this section referred to as the
`panel') to review, synthesize, and report on research, theory, and
applications in the social, behavioral, and biological sciences and to
establish research priorities regarding the positive and negative
impact of the content and use of electronic media, including
television, motion pictures, DVD's, interactive video games, and the
Internet, on youth in the following core areas of child and adolescent
development:
``(1) Cognitive.--The role and impact of media use and
exposure in the development of children and adolescents within
such cognitive areas as language development, attention span,
problem solving skills (such as the ability to conduct multiple
tasks or `multitask'), visual and spatial skills, reading, and
other learning abilities.
``(2) Physical.--The role and impact of media use and
exposure on children's and adolescents' physical coordination,
diet, exercise, sleeping and eating routines, and other areas
of physical development.
``(3) Socio-behavioral.--The influence of interactive media
on children's and adolescents' family activities and peer
relationships, including indoor and outdoor play time,
interaction with parents, consumption habits, social
relationships, aggression, prosocial behavior, and other
patterns of development.
``(b) Pilot Projects.--Upon the enactment of this section and prior
to the report deadline established by subsection (f)(1), the Secretary
shall initiate and support pilot projects to supplement and inform the
panel in its work. Such pilot projects shall consider the role of media
exposure on--
``(1) cognitive and social development during infancy and
early childhood; and
``(2) the development of childhood and adolescent obesity,
particularly as a function of media advertising and sedentary
lifestyles that may co-occur with heavy media diets.
``(c) Research Program.--Upon completion of the review under
subsection (a), the Secretary shall conduct or support additional
research determined to be necessary by the panel concerning the role
and impact of electronic media in the cognitive, physical, and socio-
behavioral development of children and adolescents with a particular
focus on the impact of factors such as media content, format, length of
exposure, the age of the child or adolescent, and the nature of
parental involvement. Such program shall include extramural and
intramural research and shall support collaborative efforts to link
such research to other Department of Health and Human Services research
investigations on early child health and development.
``(d) Eligible Entities.--To be eligible to receive a grant under
subsection (b) or (c), an entity shall--
``(1) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require; and
``(2) agree to use amounts received under the grant to
carry out activities that establish or implement a research
program relating to the effects of media on children and
adolescents pursuant to such guidelines as the Secretary may
require relating to consultations with experts in the area of
study.
``(e) Use of Funds Relating to the Media's Role in the Life of a
Child or Adolescent.--An entity shall use amounts received under a
grant under subsection (c) to conduct research concerning the social,
cognitive, emotional, physical, and behavioral development of children
or adolescents as related to electronic mass media, including the areas
of--
``(1) television;
``(2) motion pictures;
``(3) DVD's;
``(4) interactive video games;
``(5) the Internet;
``(6) cell phones; and
``(7) any other electronic mass media, including portable
wireless communications devices and personal digital
assistants, used to deliver media directly to children and
adolescents.
``(f) Reports.--
``(1) Report to director.--Not later than 12 months after
the date of the establishment of the panel pursuant to
subsection (a), the panel shall submit the report required
under such subsection to the Secretary.
``(2) Report to congress.--Not later than December 31,
2011, the Secretary shall prepare and submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report that--
``(A) summarizes the empirical evidence and other
results produced by the research under this section in
a manner that can be understood by the general public;
``(B) places the evidence in context with other
evidence and knowledge generated by the scientific
community that address the same or related topics; and
``(C) discusses the implications of the collective
body of scientific evidence and knowledge regarding the
role and impact of the media on children and
adolescents, and makes recommendations on how
scientific evidence and knowledge may be used to
improve the healthy developmental and learning
capacities of children and adolescents.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $10,000,000 for fiscal year 2006;
``(2) $15,000,000 for fiscal year 2007;
``(3) $15,000,000 for fiscal year 2008;
``(4) $25,000,000 for fiscal year 2009; and
``(5) $25,000,000 for fiscal year 2010.''. | Children and Media Research Advancement Act or the CAMRA Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish an independent panel of experts to: (1) review, synthesize, and report on research, theory, and applications in the social, behavioral, and biological sciences regarding the impact of the content and use of electronic media on youth in certain core areas of child and adolescent development; and (2) establish research priorities regarding such issues.
Requires the Secretary to: (1) initiate and support pilot projects to supplement and inform the panel's work; and (2) conduct or support additional research determined to be necessary by the panel concerning the role and impact of electronic media in the development of children and adolescents, with a particular focus on media content, format, length of exposure, age of the child or adolescent, and nature of parental involvement. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to authorize funding for the establishment of a program on children and the media within the Centers for Disease Control and Prevention to study the role and impact of electronic media in the development of children."} | 2,168 | 208 | 0.575162 | 1.749055 | 0.668231 | 5.772021 | 10.989637 | 0.974093 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Efficiency Improvement Act of
2017''.
SEC. 2. WATERSENSE.
(a) In General.--Part B of title III of the Energy Policy and
Conservation Act is amended by adding after section 324A (42 U.S.C.
6294a) the following:
``SEC. 324B. WATERSENSE.
``(a) Establishment of WaterSense Program.--
``(1) In general.--There is established within the
Environmental Protection Agency a voluntary WaterSense program
to identify and promote water-efficient products, buildings and
building landscapes, facilities, processes, and services that,
through voluntary labeling of, or other forms of communications
regarding, products, buildings and building landscapes,
facilities, processes, and services while meeting strict
performance criteria, sensibly--
``(A) reduce water use;
``(B) reduce the strain on public and community
water systems and wastewater and stormwater
infrastructure;
``(C) conserve energy used to pump, heat,
transport, and treat water; and
``(D) preserve water resources for future
generations.
``(2) Inclusions.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
`Administrator') shall, consistent with this section, identify
water-efficient products, buildings and building landscapes,
facilities, processes, and services, including categories such
as--
``(A) irrigation technologies and services;
``(B) point-of-use water treatment devices;
``(C) plumbing products;
``(D) reuse and recycling technologies;
``(E) landscaping and gardening products, including
moisture control or water-enhancing technologies;
``(F) whole house humidifiers; and
``(G) water-efficient buildings or facilities, and
building or facility landscapes.
``(b) Duties.--The Administrator, coordinating as appropriate with
the Secretary, shall--
``(1) establish--
``(A) a WaterSense label to be used for items
meeting the certification criteria established in
accordance with this section; and
``(B) the procedure, including the methods and
means, and criteria by which an item may be certified
to display the WaterSense label, minimizing unintended
or negative impacts to wastewater treatment works,
recycled water quality, or water quality in receiving
water;
``(2) enhance public awareness regarding the WaterSense
label through outreach, education, and other means;
``(3) preserve the integrity of the WaterSense label by--
``(A) establishing and maintaining feasible
performance criteria so that products, buildings and
building landscapes, facilities, processes, and
services labeled with the WaterSense label perform as
well or better than less water-efficient counterparts;
``(B) overseeing WaterSense certifications made by
third parties;
``(C) as determined appropriate by the
Administrator, using testing protocols, from the
appropriate, applicable, and relevant consensus
standards, for the purpose of determining standards
compliance; and
``(D) auditing the use of the WaterSense label in
the marketplace and preventing cases of misuse;
``(4) not more often than 6 years but not less often than
10 years after adoption or major revision of any WaterSense
specification, review and, if appropriate, revise the
specification to achieve additional water savings;
``(5) in revising a WaterSense specification--
``(A) provide reasonable notice to interested
parties and the public of any changes, including
effective dates, and an explanation of the changes;
``(B) solicit comments from interested parties and
the public prior to any changes;
``(C) as appropriate, respond to comments submitted
by interested parties and the public; and
``(D) provide an appropriate transition time prior
to the applicable effective date of any changes, taking
into account the timing necessary for the manufacture,
marketing, training, and distribution of the specific
water-efficient product, building and building
landscape, process, or service category being
addressed;
``(6) use, to the extent that an agency action is based on
science--
``(A) the best available peer-reviewed science and
supporting studies conducted in accordance with sound
and objective scientific practices; and
``(B) data collected by accepted methods or best
available methods (if the reliability of the method and
the nature of the decision justifies use of the data);
and
``(7) not later than December 31, 2022, consider for review
and revision any WaterSense specification adopted before
January 1, 2012.
``(c) Transparency.--The Administrator shall, to the maximum extent
practicable and not less than annually, regularly estimate and make
available to the public the estimate aggregate production, aggregate
market penetration, and savings of water, energy, and capital costs of
water, wastewater, and stormwater attributable to the use of
WaterSense-labeled products, buildings and building landscapes,
facilities, processes, and services.
``(d) Distinction of Authorities.--In setting or maintaining
specifications for Energy Star pursuant to section 324A, and WaterSense
under this section, the Secretary and Administrator shall coordinate to
prevent duplicative or conflicting requirements among the respective
programs.
``(e) No Warranty.--A WaterSense label shall not create an express
or implied warranty.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by
inserting after the item relating to section 324A the following:
``Sec. 324B. WaterSense.''. | Water Efficiency Improvement Act of 2017 This bill amends the Energy Policy and Conservation Act to codify the WaterSense Program of the Environmental Protection Agency (EPA) that allows water-efficient products, buildings, landscapes, facilities, processes, and services to bear a "WaterSense" label. The EPA must establish certification criteria for the WaterSense label, enhance public awareness regarding the label, preserve the label's integrity, and review, and if appropriate, revise the WaterSense label requirements. To the maximum extent practicable and no less than annually, the EPA must estimate and publish the aggregate production, aggregate market penetration, and savings of water, energy, and capital costs of water, wastewater, and stormwater attributable to the use of WaterSense-labeled products, buildings and building landscapes, facilities, processes, and services. | {"src": "billsum_train", "title": "Water Efficiency Improvement Act of 2017"} | 1,215 | 177 | 0.61488 | 1.765514 | 0.800775 | 5.141935 | 7.612903 | 0.896774 |
SECTION 1. ADJUSTMENT OF STATUS FOR CERTAIN PERSIAN GULF EVACUEES.
(a) In General.--The Attorney General shall adjust the status of
each alien referred to in subsection (b) to that of an alien lawfully
admitted for permanent residence if the alien--
(1) applies for such adjustment;
(2) has been physically present in the United States for at
least 1 year and is physically present in the United States on
the date the application for such adjustment is filed;
(3) is admissible to the United States as an immigrant,
except as provided in subsection (c); and
(4) pays a fee (determined by the Attorney General) for the
processing of such application.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided in subsection (a) shall apply to the following aliens:
(1) Waddah Zireeni, Enas Zireeni, and Anwaar Zireeni.
(2) Salah Abu Al Jibat, Ghada Abu Al Jibat, and Tareq Abu
Al Jibat.
(3) Jehad Mustafa, Amal Mustafa, and Raed Mustafa.
(4) Shahir Abed and Laila Abed.
(5) Zahid Khan and Nadira Khan.
(6) Rawhi Abu Tabanjar, Basima Abu Tabanjar, and Mohammed
Abu Tabanjar.
(7) Reuben D'Silva, Anne D'Silva, and Natasha D'Silva.
(8) Ali Al Khaleel and Fatin Al Khaleel.
(9) Abbas I. Bhikhapurawala, Nafisa Bhikhapurawala, and
Tasnim Bhikhapurawala.
(10) Fayez Ezzir, Abeerl Ezzir, Sharif Ezzir, and Mohammed
Ezzir.
(11) Issam Muslih, Nadia Muslih, and Duaa Muslih.
(12) Ahmad Khaleel, Mona Khaleel, and Sally Khaleel.
(13) Husam Al Khadrah and Kathleen Al Khadrah.
(14) Nawal Mohamad Haijawi.
(15) Samir M. Massoud, Faten A. Hakkani, Farah S. Massoud,
and Sarah Massoud.
(16) Atef Ibrahim.
(17) Furas Taha, Bernardina Lopez Taha, and Yousef Taha.
(18) Mehmood El Eissa and Nadia El Eissa.
(19) Akram Othman, Amani Othman, and Ali Othman.
(20) Mohammed Al Awamli, Zainab Al Awamli, and Nizar
Awamli.
(21) Yacoub Ibrahim and Wisam Ibrahim.
(22) Tareq Shehadah and Inas Shehadah.
(23) Basim Al Ali and Nawal Al Ali.
(24) Hael Basheer Attari and Hanaa Attari.
(25) Faheem Mehmood Abdul Jaleel, Farnal Jaleel, Ala
Jaleel, and Ahmed Jaleel.
(26) Tareq A. Attari.
(27) Ahmed M. Mobaslat, Abeer Mobaslat, and Alaa Mobaslat.
(28) Mohammed Al Shaib, Zahre Al Shaib, Najat Al Shaib,
Reem Al Shaib, and Ramzy Al Shaib.
(29) Awad Habali, Saosan Y.H. Duras, Sara Habali, Yasmin
Habali, Hala Habali, and Ibraheem Habali.
(30) Maamoun Ahmad and Sanaa Hakkani.
(31) Azmi Ahmad Mukahal, Wafa Azmi Mukahal, Yasmin Azmi
Mukahal, and Ahmad Azmi Mukahal.
(32) Nabil Al Hawash, Amaal Al Hawash, and Ishaq Al Hawash.
(33) Sameeh El Sharif, Sahar El Sharif, and Sarah El
Sharif.
(34) Nayef Al Mohtaseb, Nidaa Al Mohtaseb, and Ibrahim Al
Mohtaseb.
(35) Iman Mallah, Rana Mallah, and Mohammed Mallah.
(36) Mohammed Q. Al Ghalban.
(37) Nijad Abdelrehman, Najwa Abdelrehman, and Faisal
Abdelrehman.
(38) Nizam Mehdawi, Mehmoud Mehdawi, and Sohad Mehdawi.
(39) Samir M. Al Nasla.
(40) Margaret Ibrahim.
(41) Hassan Abu Zant, Farida Abu Zant, Reem Abu Zant, Jehad
Abu Zant, and Fidaa Abu Zant.
(42) Sesinando P. Fuaverdez, Cynthia Fuaverdez, Maria
Cristina Fuaverdez, and Sesinando Fuaverdez II.
(43) Thabet Said, Hanan Said, and Yasmin Said.
(44) Hani Salem, Manal Salem, Tasnim Salem, and Suleiman
Salem.
(45) Ihsan Adwan, Hanan Adwan, Maha Adwan, Nada Adwan, Reem
Adwan, and Lina Adwan.
(46) Ziyad Al Ajjouri and Dima Al Ajjouri.
(47) Essam Taha.
(48) Mohammed Suleiman and Salam Suleiman.
(49) Salwa Basta, Alexan Basta, Rehan Basta, and Sherif
Basta.
(50) Latifa Hussin, Sameer Hussin, Anas Hussin, Ahmed
Hussin, Ayman Hussin, and Assma Hussin.
(51) Fadia Shaat, Bader Shaat, Dalia Shaat, Abdul Azim
Shaat, Farah Shaat, and Rawan Shaat.
(52) Bassam Barqawi and Amal Barqawi.
(53) Omar F. Shawish, Najwa O. Shawish, and Ziyad O.
Shawish.
(54) Nizam Wattar and Mohamad Wattar.
(c) Waiver of Certain Grounds for Inadmissibility.--The provisions
of subsection (e) and paragraphs (4), (5), and (7)(A) of subsection (a)
of section 212 of the Immigration and Nationality Act shall not apply
to adjustment of status under this Act and the Attorney General may
waive any other provision of section 212 of the Immigration and
Nationality Act (other than paragraph (2)(C) and subparagraphs (A),
(B), (C), or (E) of paragraph (3)) with respect to such an adjustment
for humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.
(d) Date of Approval.--Upon the approval of an application for
adjustment of status under this section, the Attorney General shall
create a record of the alien's admission as an alien lawfully admitted
for permanent residence as of the date of the alien's parole or other
admission into the United States.
(e) Offset in Number of Visas Available.--Upon each granting to an
alien of the status of having been lawfully admitted for permanent
residence under this section, the Secretary of State shall instruct the
proper officer to reduce by 1, during the current or next following
fiscal year, the total number of immigrant visas that are made
available to natives of the country of the alien's birth under section
203(a) of the Immigration and Nationality Act or, if applicable, the
total number of immigrant visas that are made available to natives of
the country of the alien's birth under section 202(e) of such Act.
(f) Temporary Stay of Removal and Work Authorization.--The Attorney
General--
(1) shall refrain from deporting or removing from the
United States an alien who is eligible for adjustment of status
under this section, but who is not yet lawfully admitted for
permanent residence; and
(2) shall authorize such an alien to engage in employment
in the United States. | Directs the Attorney General to adjust the status of each of specified Persian Gulf evacuees to that of an alien lawfully admitted for permanent residence for purposes of the Immigration and Nationality Act. | {"src": "billsum_train", "title": "For the relief of certain Persian Gulf evacuees."} | 1,896 | 43 | 0.442621 | 1.322432 | 0.870927 | 3.764706 | 40.323529 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Allergen Labeling and Consumer
Protection Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is estimated that--
(A) approximately 2 percent of adults and about 5
percent of infants and young children in the United
States suffer from food allergies; and
(B) each year, roughly 30,000 individuals require
emergency room treatment and 150 individuals die
because of allergic reactions to food;
(2)(A) eight major foods or food groups--milk, eggs, fish,
Crustacean shellfish, tree nuts, peanuts, wheat, and soybeans--
account for 90 percent of food allergies;
(B) at present, there is no cure for food allergies; and
(C) a food allergic consumer must avoid the food to which
the consumer is allergic;
(3)(A) in a review of the foods of randomly selected
manufacturers of baked goods, ice cream, and candy in Minnesota
and Wisconsin in 1999, the Food and Drug Administration found
that 25 percent of sampled foods failed to list peanuts or eggs
as ingredients on the food labels; and
(B) nationally, the number of recalls because of unlabeled
allergens rose to 121 in 2000 from about 35 a decade earlier;
(4) a recent study shows that many parents of children with
a food allergy were unable to correctly identify in each of
several food labels the ingredients derived from major food
allergens;
(5)(A) ingredients in foods must be listed by their
``common or usual name'';
(B) in some cases, the common or usual name of an
ingredient may be unfamiliar to consumers, and many consumers
may not realize the ingredient is derived from, or contains, a
major food allergen; and
(C) in other cases, the ingredients may be declared as a
class, including spices, flavorings, and certain colorings, or
are exempt from the ingredient labeling requirements, such as
incidental additives; and
(6)(A) celiac disease is an immune-mediated disease that
causes damage to the gastrointestinal tract, central nervous
system, and other organs;
(B) the current recommended treatment is avoidance of
glutens in foods that are associated with celiac disease; and
(C) a multicenter, multiyear study estimated that the
prevalence of celiac disease in the United States is 0.5 to 1
percent of the general population.
SEC. 3. FOOD LABELING; REQUIREMENT OF INFORMATION REGARDING ALLERGENIC
SUBSTANCES.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(w)(1) If it is not a raw agricultural commodity and it is, or it
contains an ingredient that bears or contains, a major food allergen,
unless either--
``(A) the word `Contains', followed by the name of the food
source from which the major food allergen is derived, is
printed immediately after or is adjacent to the list of
ingredients (in a type size no smaller than the type size used
in the list of ingredients) required under subsections (g) and
(i); or
``(B) the common or usual name of the major food allergen
in the list of ingredients required under subsections (g) and
(i) is followed in parentheses by the name of the food source
from which the major food allergen is derived, except that the
name of the food source is not required when--
``(i) the common or usual name of the ingredient
uses the name of the food source from which the major
food allergen is derived; or
``(ii) the name of the food source from which the
major food allergen is derived appears elsewhere in the
ingredient list, unless the name of the food source
appears elsewhere in the ingredient list only in the
common or usual name of foods that are food ingredients
that are not major food allergens under section
201(qq)(2)(A) or (B).
``(2) As used in this subsection, the term `name of the food source
from which the major food allergen is derived' means the name described
in section 201(qq)(1); provided that in the case of a tree nut, fish,
or Crustacean shellfish, the term `name of the food source from which
the major food allergen is derived' means the name of the specific type
of nut or species of fish or Crustacean shellfish.
``(3) The information required under this subsection may appear in
labeling in lieu of appearing on the label only if the Secretary finds
that such other labeling is sufficient to protect the public health. A
finding by the Secretary under this paragraph (including any change in
an earlier finding under this paragraph) is effective upon publication
in the Federal Register as a notice.
``(4) Notwithstanding subsection (g), (i), or (k), or any other
law, a flavoring, coloring, or incidental additive that is, or that
bears or contains, a major food allergen shall be subject to the
labeling requirements of this subsection.
``(5) The Secretary may by regulation modify the requirements of
subparagraph (A) or (B) of paragraph (1), or eliminate either the
requirement of subparagraph (A) or the requirements of subparagraph (B)
of paragraph (1), if the Secretary determines that the modification or
elimination of the requirement of subparagraph (A) or the requirements
of subparagraph (B) is necessary to protect the public health.
``(6)(A) Any person may petition the Secretary to exempt a food
ingredient described in section 201(qq)(2) from the allergen labeling
requirements of this subsection.
``(B) The Secretary shall approve or deny such petition within 180
days of receipt of the petition or the petition shall be deemed denied,
unless an extension of time is mutually agreed upon by the Secretary
and the petitioner.
``(C) The burden shall be on the petitioner to provide scientific
evidence (including the analytical method used to produce the evidence)
that demonstrates that such food ingredient, as derived by the method
specified in the petition, does not cause an allergic response that
poses a risk to human health.
``(D) A determination regarding a petition under this paragraph
shall constitute final agency action.
``(E) The Secretary shall promptly post to a public site all
petitions received under this paragraph within 14 days of receipt and
the Secretary shall promptly post the Secretary's response to each.
``(7)(A) A person need not file a petition under paragraph (6) to
exempt a food ingredient described in section 201(qq)(2) from the
allergen labeling requirements of this subsection, if the person files
with the Secretary a notification containing--
``(i) scientific evidence (including the analytical method
used) that demonstrates that the food ingredient (as derived by
the method specified in the notification, where applicable)
does not contain allergenic protein; or
``(ii) a determination by the Secretary that the ingredient
does not cause an allergic response that poses a risk to human
health under a premarket approval or notification program under
section 409.
``(B) The food ingredient may be introduced or delivered for
introduction into interstate commerce as a food ingredient that is not
a major food allergen 90 days after the date of receipt of the
notification by the Secretary, unless the Secretary determines within
the 90-day period that the notification does not meet the requirements
of this paragraph, or there is insufficient scientific evidence to
determine that the food ingredient does not contain allergenic protein
or does not cause an allergenic response that poses a risk to human
health.
``(C) The Secretary shall promptly post to a public site a list of
all notifications received under this subparagraph within 14 days of
receipt and promptly post any objections thereto by the Secretary.
``(x) Notwithstanding subsection (g), (i), or (k), or any other
law, a spice, flavoring, coloring, or incidental additive that is, or
that bears or contains, a food allergen (other than a major food
allergen), as determined by the Secretary by regulation, shall be
disclosed in a manner specified by the Secretary by regulation.''.
(b) Effect on Other Authority.--The amendments made by this section
that require a label or labeling for major food allergens do not alter
the authority of the Secretary of Health and Human Services under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) to require
a label or labeling for other food allergens.
(c) Conforming Amendments.--
(1) Section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321) (as amended by section 2(b)) is amended by
adding at the end the following:
``(qq) The term `major food allergen' means any of the following:
``(1) Milk, egg, fish (e.g., bass, flounder, or cod),
Crustacean shellfish (e.g., crab, lobster, or shrimp), tree
nuts (e.g., almonds, pecans, or walnuts), wheat, peanuts, and
soybeans.
``(2) A food ingredient that contains protein derived from
a food specified in paragraph (1), except the following:
``(A) Any highly refined oil derived from a food
specified in paragraph (1) and any ingredient derived
from such highly refined oil.
``(B) A food ingredient that is exempt under
paragraph (6) or (7) of section 403(w).''.
(2) Section 403A(a)(2) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343-1(a)(2)) is amended by striking
``or 403(i)(2)'' and inserting ``403(i)(2), 403(w), or 403(x)''.
(d) Effective Date.--The amendments made by this section shall
apply to any food that is labeled on or after January 1, 2006.
SEC. 4. REPORT ON FOOD ALLERGENS.
Not later than 18 months after the date of enactment of this Act,
the Secretary of Health and Human Services (in this section referred to
as the ``Secretary'') shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report that--
(1)(A) analyzes--
(i) the ways in which foods, during manufacturing
and processing, are unintentionally contaminated with
major food allergens, including contamination caused by
the use by manufacturers of the same production line to
produce both products for which major food allergens
are intentional ingredients and products for which
major food allergens are not intentional ingredients;
and
(ii) the ways in which foods produced on dedicated
production lines are unintentionally contaminated with
major food allergens; and
(B) estimates how common the practices described in
subparagraph (A) are in the food industry, with breakdowns by
food type as appropriate;
(2) advises whether good manufacturing practices or other
methods can be used to reduce or eliminate cross-contact of
foods with the major food allergens;
(3) describes--
(A) the various types of advisory labeling (such as
labeling that uses the words ``may contain'') used by
food producers;
(B) the conditions of manufacture of food that are
associated with the various types of advisory labeling;
and
(C) the extent to which advisory labels are being
used on food products;
(4) describes how consumers with food allergies or the
caretakers of consumers would prefer that information about the
risk of cross-contact be communicated on food labels as
determined by using appropriate survey mechanisms;
(5) states the number of inspections of food manufacturing
and processing facilities conducted in the previous 2 years and
describes--
(A) the number of facilities and food labels that
were found to be in compliance or out of compliance
with respect to cross-contact of foods with residues of
major food allergens and the proper labeling of major
food allergens;
(B) the nature of the violations found; and
(C) the number of voluntary recalls, and their
classifications, of foods containing undeclared major
food allergens; and
(6) assesses the extent to which the Secretary and the food
industry have effectively addressed cross-contact issues.
SEC. 5. INSPECTIONS RELATING TO FOOD ALLERGENS.
The Secretary of Health and Human Services shall conduct
inspections consistent with the authority under section 704 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) of facilities in
which foods are manufactured, processed, packed, or held--
(1) to ensure that the entities operating the facilities
comply with practices to reduce or eliminate cross-contact of a
food with residues of major food allergens that are not
intentional ingredients of the food; and
(2) to ensure that major food allergens are properly
labeled on foods.
SEC. 6. GLUTEN LABELING.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Health and Human Services, in consultation with
appropriate experts and stakeholders, shall issue a proposed rule to
define, and permit use of, the term ``gluten-free'' on the labeling of
foods. Not later than 4 years after the date of enactment of this Act,
the Secretary shall issue a final rule to define, and permit use of,
the term ``gluten-free'' on the labeling of foods.
SEC. 7. IMPROVEMENT AND PUBLICATION OF DATA ON FOOD-RELATED ALLERGIC
RESPONSES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention
and in consultation with the Commissioner of Food and Drugs, shall
improve (including by educating physicians and other health care
providers) the collection of, and publish as it becomes available,
national data on--
(1) the prevalence of food allergies;
(2) the incidence of clinically significant or serious
adverse events related to food allergies; and
(3) the use of different modes of treatment for and
prevention of allergic responses to foods.
(b) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary.
SEC. 8. FOOD ALLERGIES RESEARCH.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the National Institutes of Health, shall
convene an ad hoc panel of nationally recognized experts in allergy and
immunology to review current basic and clinical research efforts
related to food allergies.
(b) Recommendations.--Not later than 1 year after the date of
enactment of this Act, the panel shall make recommendations to the
Secretary for enhancing and coordinating research activities concerning
food allergies, which the Secretary shall make public.
SEC. 9. FOOD ALLERGENS IN THE FOOD CODE.
The Secretary of Health and Human Services shall, in the Conference
for Food Protection, as part of its efforts to encourage cooperative
activities between the States under section 311 of the Public Health
Service Act (42 U.S.C. 243), pursue revision of the Food Code to
provide guidelines for preparing allergen-free foods in food
establishments, including in restaurants, grocery store delicatessens
and bakeries, and elementary and secondary school cafeterias. The
Secretary shall consider guidelines and recommendations developed by
public and private entities for public and private food establishments
for preparing allergen-free foods in pursuing this revision.
SEC. 10. RECOMMENDATIONS REGARDING RESPONDING TO FOOD-RELATED ALLERGIC
RESPONSES
The Secretary of Health and Human Services shall, in providing
technical assistance relating to trauma care and emergency medical
services to State and local agencies under section 1202(b)(3) of the
Public Health Service Act (42 U.S.C. 300d-2(b)(3)), include technical
assistance relating to the use of different modes of treatment for and
prevention of allergic responses to foods. | Food Allergen Labeling and Consumer Protection Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act to set forth food labeling requirements for a food that is not a raw agricultural commodity and that is, or contains, a major food allergen (as defined by this Act).
States that: (1) any person may petition the Secretary of Health and Human Services to exempt a food ingredient from such requirements; and (2) the Secretary's determination of such a petition shall constitute final agency action.
Directs the Secretary to: (1) conduct inspections to ensure compliance with practices to reduce or eliminate cross-contact with major food allergen residues, and ensure that major food allergens are properly labeled on foods; (2) issue a final rule to define, and permit use of, the term "gluten-free" on the labeling of foods; (3) improve food allergen data collection, including physician and health care provider education; (4) convene a panel of allergy and immunology experts to review food allergy research efforts; (5) pursue Food Code revisions in order to provide allergen-free food preparation guidelines for food establishments; and (6) include food allergy treatment in trauma and emergency care technical assistance. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to establish labeling requirements with respect to allergenic substances in foods, and for other purposes."} | 3,601 | 260 | 0.533778 | 1.646916 | 0.774939 | 3.73029 | 13.788382 | 0.950207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Child Left Behind Reform Act''.
SEC. 2. ADEQUATE YEARLY PROGRESS.
(a) Definition of Adequate Yearly Progress.--Section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended--
(1) in subparagraph (C)(vii)--
(A) by striking ``such as'';
(B) by inserting ``such as measures of individual
or cohort growth over time based on the academic
assessments implemented in accordance with paragraph
(3),'' after ``described in clause (v),''; and
(C) by striking ``attendance rates,''; and
(2) in subparagraph (D)--
(A) by striking clause (ii);
(B) by striking ``the State'' and all that follows
through ``ensure'' and inserting ``the State shall
ensure''; and
(C) by striking ``; and'' and inserting a period.
(b) Academic Assessment and Local Educational Agency and School
Improvement.--Section 1116(a)(1)(B) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(a)(1)(B)) is amended by striking
``, except that'' and all that follows through ``action or
restructuring''.
SEC. 3. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP.
Subpart 1 of part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at
the end the following:
``SEC. 1120C. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP.
``(a) Grant Authority.--The Secretary may award grants, on a
competitive basis, to State educational agencies to enable the State
educational agencies--
``(1) to develop or increase the capacity of data systems
for accountability purposes; and
``(2) to award subgrants to increase the capacity of local
educational agencies to upgrade, create, or manage information
databases for the purpose of measuring adequate yearly
progress.
``(b) Priority.--In awarding grants under this section the
Secretary shall give priority to State educational agencies that have
created, or are in the process of creating, a growth model or
proficiency index as part of their adequate yearly progress
determination.
``(c) State Use of Funds.--Each State that receives a grant under
this section shall use--
``(1) not more than 20 percent of the grant funds for the
purpose of increasing the capacity of, or creating, State
databases to collect information related to adequate yearly
progress; and
``(2) not less than 80 percent of the grant funds to award
subgrants to local educational agencies within the State to
enable the local educational agencies to carry out the
authorized activities described in subsection (d).
``(d) Authorized Activities.--Each local educational agency that
receives a subgrant under this section shall use the subgrant funds to
increase the capacity of the local educational agency to upgrade
databases or create unique student identifiers for the purpose of
measuring adequate yearly progress, by--
``(1) purchasing database software or hardware;
``(2) hiring additional staff for the purpose of managing
such data;
``(3) providing professional development or additional
training for such staff; and
``(4) providing professional development or training for
principals and teachers on how to effectively use such data to
implement instructional strategies to improve student
achievement.
``(e) State Application.--Each State educational agency desiring a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require.
``(f) LEA Application.--Each local educational agency desiring a
subgrant under this section shall submit an application to the State
educational agency at such time, in such manner, and containing such
information as the State educational agency may require. Each such
application shall include, at a minimum, a demonstration of the local
educational agency's ability to put such a database in place.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part $80,000,000 for each of fiscal
years 2006, 2007, and 2008.''
SEC. 4. TARGETING TRANSFER OPTIONS AND SUPPLEMENTAL SERVICES.
(a) Targeting Transfer Options and Supplemental Services.--Section
1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316) is amended--
(1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and
(8)(A)(i) of subsection (b), by striking the term ``all
students enrolled in the school'' each place such term appears
and inserting ``all students enrolled in the school, who are
members of a group described in section 1111(b)(2)(C)(v) that
fails to make adequate yearly progress as defined in the
State's plan under section 1111(b)(2),'';
(2) in subsection (b)(1), by adding at the end the
following:
``(G) Maintenance of least restrictive
environment.--A student who is eligible to receive
services under the Individuals with Disabilities
Education Act and who uses the option to transfer under
subparagraph (E), paragraph (5)(A), (7)(C)(i), or
(8)(A)(i), or subsection (c)(10)(C)(vii), shall be
placed and served in the least restrictive environment
appropriate, in accordance with the Individuals with
Disabilities Education Act.'';
(3) in clause (vii) of subsection (c)(10)(C), by inserting
``, who are members of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2),'' after
``Authorizing students''; and
(4) in subparagraph (A) of subsection (e)(12), by inserting
``, who is a member of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2)'' after
``under section 1113(c)(1)''.
(b) Student Already Transferred.--A student who transfers to
another public school pursuant to section 1116(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(b)) before the
effective date of this section and the amendments made by this section,
may continue enrollment in such public school after the effective date
of this section and the amendments made by this section.
(c) Effective Date.--This section and the amendments made by this
section shall be effective for each fiscal year for which the amount
appropriated to carry out title I of the Elementary and Secondary
Education Act of 1965 for the fiscal year, is less than the amount
authorized to be appropriated to carry out such title for the fiscal
year.
SEC. 5. DEFINITION OF HIGHLY QUALIFIED TEACHERS.
Section 9101(23)(B)(ii) of the Elementary and Secondary Act of 1965
(20 U.S.C. 7801(23)(B)(ii)) is amended--
(1) in subclause (I), by striking ``or'' after the
semicolon;
(2) in subclause (II), by striking ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(III) in the case of a middle
school teacher, passing a State
approved middle school generalist exam
when the teacher receives the teacher's
license to teach middle school in the
State;
``(IV) obtaining a State social
studies certificate that qualifies the
teacher to teach history, geography,
economics, and civics in middle or
secondary schools, respectively, in the
State; or
``(V) obtaining a State science
certificate that qualifies the teacher
to teach earth science, biology,
chemistry, and physics in middle or
secondary schools, respectively, in the
State; and''. | No Child Left Behind Reform Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states to include measures of individual or cohort growth over time in determining whether students are making adequate yearly progress (AYP) toward state academic performance standards. Eliminates the consideration of student attendance rates.
Allows schools to be given credit for performing well on measures other than test scores when calculating student achievement.
Authorizes the Secretary of Education to award competitive: (1) grants to state educational agencies to develop or increase the capacity of data systems for accountability purposes; and (2) subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring AYP.
Allows schools to target school choice and supplemental services to the students who are members of specified types of groups that fail to make AYP. Requires placement and service in the least restrictive environment for students who receive services under the Individuals With Disabilities Education Act who use an option to transfer under ESEA.
Revises the definition of highly qualified teacher to authorize states to: (1) use a generalist exam for middle school teachers; and (2) issue certificates that qualify teachers to teach a number of subjects in social studies or in science. | {"src": "billsum_train", "title": "A bill to improve the No Child Left Behind Act of 2001, and for other purposes."} | 1,891 | 266 | 0.571882 | 1.548071 | 0.79852 | 3.061728 | 6.679012 | 0.823045 |
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Black Hills National Cemetery
Boundary Expansion Act''.
SEC. 2. WITHDRAWAL AND TRANSFER OF PUBLIC LAND FOR CEMETERY USE.
(a) Due Diligence.--Prior to the withdrawal and transfer in
subsection (b), the Secretary of Veterans Affairs will complete
appropriate environmental, cultural resource and other due diligence
activities on the public lands identified in subsection (c), so that
the Secretary of Veterans Affairs may confirm that the land is suitable
for cemetery purposes. The Secretary of Veterans Affairs shall notify
the Secretary of the Interior of such due diligence activities prior to
initiating and shall coordinate as needed during the performance of
such activities.
(b) Withdrawal and Transfer.--After completion of the due diligence
activities in subsection (a) and upon receipt by the Secretary of the
Interior of written confirmation from the Secretary of Veterans Affairs
that the land is suitable for cemetery purposes, and subject to valid
existing rights, the public lands described in subsection (c) shall
be--
(1) withdrawn from all forms of appropriation under the
public land laws, including the mining laws, the mineral
leasing laws, and the geothermal leasing laws, for as long as
the lands remain under the administrative jurisdiction of the
Secretary of Veterans Affairs;
(2) deemed property as defined in section 102(9) of title
40, United States Code, for as long as the lands remain under
the administrative jurisdiction of the Secretary of Veterans
Affairs; and
(3) transferred to the administrative jurisdiction of the
Secretary of Veterans Affairs for use as national cemeteries
under chapter 24 of title 38, United States Code.
(c) Land Description.--The public lands withdrawn, deemed property,
and transferred under subsection (b) shall be the approximately 200
acres of land adjacent to Black Hills National Cemetery, South Dakota,
generally depicted as ``Proposed National Cemetery Expansion'' on the
map entitled ``Proposed Expansion of Black Hills National Cemetery--
South Dakota'' and dated June 16, 2016, except the land located within
100 feet of the centerline of the Centennial Trail (which runs along
the northern boundary of the ``Proposed National Cemetery Expansion'')
and that is located south of the Trail.
(d) Boundary Modification.--Immediately after the public lands are
withdrawn, deemed property, and transferred under subsection (b), the
boundary of the Black Hills National Cemetery shall be modified to
include the public lands identified in subsection (c).
(e) Modification of Public Land Order.--Immediately after the
public lands under subsection (b) are withdrawn, deemed property, and
transferred under subsection (b), Public Land Order 2112, dated June 6,
1960 (25 Fed. Reg. 5243), shall be modified to exclude the lands
identified in subsection (c).
SEC. 3. LEGAL DESCRIPTIONS.
(a) Preparation of Legal Descriptions.--As soon as practicable
following receipt of written confirmation from the Secretary of
Veterans Affairs that the land is suitable for cemetery purposes, the
Secretary of the Interior shall publish in the Federal Register a
notice containing the legal descriptions of the public lands withdrawn,
deemed property, and transferred under section 2(b).
(b) Legal Effect.--The legal descriptions prepared under subsection
(a) shall have the same force and effect as if the legal descriptions
were included in this Act, except that the Secretary of the Interior
may correct any clerical and typographical errors in the legal
descriptions.
(c) Availability.--Copies of the map referred to in section 2(c)
and the legal descriptions prepared under subsection (a) shall be
available for public inspection in the appropriate offices of--
(1) the Bureau of Land Management; and
(2) the National Cemetery Administration.
(d) Costs.--The Secretary of Veterans Affairs shall reimburse the
Secretary of the Interior for reasonable costs incurred by the
Secretary of the Interior in implementing this section, including the
costs of any surveys.
SEC. 4. RESTORATION TO PUBLIC LANDS FOR NON-CEMETERY USE.
(a) Notice and Effect.--Upon a determination by the Secretary of
Veterans Affairs that all or a portion of the lands withdrawn, deemed
property, and transferred under section 2 shall not be used for
cemetery purposes, the Secretary of Veterans Affairs shall notify the
Secretary of the Interior of such determination. Subject to subsections
(b) and (c), the Secretary of Veterans Affairs shall transfer
administrative jurisdiction of the lands subject to such notice to the
Secretary of the Interior.
(b) Decontamination.--The Secretary of Veterans Affairs shall be
responsible for costs of any decontamination of the lands resulting
from contamination on the lands withdrawn, deemed property, and
transferred under section 2(b) while the Secretary of Veterans Affairs
exercised jurisdiction over those lands subject to a notice under
subsection (a) determined by the Secretary of the Interior to be
necessary for the lands to be restored to the public lands.
(c) Restoration to the Public Lands.--The lands subject to a notice
under subsection (a) shall only be restored to the public lands upon
acceptance by the Secretary of the Interior and a determination by the
Secretary of the Interior that such lands are suitable for restoration
to the public lands and operation of one or more of the public land
laws.
(d) Opening Order.--If the Secretary of the Interior accepts the
lands subject to such a notice and determines that the lands are
suitable for restoration, in whole or in part, the Secretary of the
Interior may open the lands to operation of one or more of the public
land laws and may issue an order to that effect.
Passed the House of Representatives February 6, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Black Hills National Cemetery Boundary Expansion Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to: (1) complete environmental, cultural resource, and other due diligence activities on certain public land to confirm its suitability for inclusion in the Black Hills National Cemetery, South Dakota; and (2) notify the Department of the Interior of such activities. After completion of such activities and upon receipt by Interior of written confirmation of suitability from the VA, the land shall: (1) be withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, for as long as it remains under VA administrative jurisdiction; (2) be deemed property; and (3) be transferred to the VA for use as national cemeteries. (Sec. 3) Interior shall publish a notice containing the legal descriptions of such transferred land. The VA shall reimburse Interior for reasonable transfer costs, including survey costs. (Sec. 4) Upon a determination by the VA that all or a portion of such transferred land shall not be used for cemetery purposes, the VA shall: (1) notify Interior and transfer jurisdiction of the land back to Interior, and (2) be responsible for any decontamination costs necessary for restoration of the lands to the public lands. | {"src": "billsum_train", "title": "Black Hills National Cemetery Boundary Expansion Act"} | 1,268 | 280 | 0.729522 | 2.564106 | 0.814869 | 3.599251 | 4.374532 | 0.910112 |
SECTION 1. ASSISTANCE FOR PUBLIC PARTICIPATION IN DEFENSE ENVIRONMENTAL
RESTORATION ACTIVITIES.
(a) Establishment of Restoration Advisory Boards.--Section 2705 of
title 10, United States Code, is amended by adding after subsection (c)
the following:
``(d) Restoration Advisory Board.--In lieu of establishing a
technical review committee under subsection (c), the Secretary may
permit the establishment of a restoration advisory board in connection
with any installation (or group of nearby installations) where the
Secretary is planning or implementing environmental restoration
activities. The Secretary shall prescribe regulations regarding the
characteristics, composition, and establishment of restoration advisory
boards pursuant to this subsection. The Secretary shall provide for the
payment of routine administrative expenses of a restoration advisory
board from funds available for the operation and maintenance of the
installation (or installations) for which the board is established.''.
(b) Assistance for Citizen Participation on Technical Review Boards
and Restoration Advisory Boards.--Such section is further amended by
adding after subsection (d), as added by subsection (a), the following:
``(e) Assistance for Citizen Participation.--(1)(A) Subject to
subparagraph (B), the Secretary shall make grants using amounts
available under paragraph (5) to facilitate the participation of
individuals from the private sector on technical review committees and
restoration advisory boards for the purpose of ensuring public input
into the planning and implementation of environmental restoration
activities at installations where such committees and boards are in
operation. Such grants shall be made through an appropriate trustee
selected pursuant to regulations prescribed by the Secretary for that
purpose.
``(B) A committee or advisory board for an installation is eligible
for grants under this subsection only if the committee or board is
composed of individuals from the private sector who reside in a
community in the vicinity of the installation and who are not
potentially responsible parties with respect to environmental hazards
at the installation.
``(2) Individuals who are local community members of a technical
review committee or restoration advisory board may use a grant awarded
under this subsection only--
``(A) to obtain technical assistance in interpreting
scientific and engineering issues with regard to the nature of
environmental hazards at an installation and the restoration
activities proposed or conducted at the installation; and
``(B) to assist such members and affected citizens to
participate more effectively in environmental restoration
activities at the installation.
``(3) The members of a technical review committee or technical
advisory board may, in the sole discretion of such members, employ
technical or other experts.
``(4) The total amount of funds to be provided under this
subsection in a fiscal year to a technical review committee or
restoration advisory board established for a particular installation
(or group of installations) may not exceed the lesser of--
``(A) one tenth of one percent of the total cost of
environmental restoration activities at the installation (or
group of installations); or
``(B) $100,000.
``(5)(A) Subject to subparagraph (B), the Secretary shall make
grants under this subsection using funds in the following accounts:
``(i) The Defense Environmental Restoration Account
established in section 2703(a) of this title.
``(ii) In the case of a technical review committee or
restoration advisory board established for a military
installation to be closed or realigned, the Department of
Defense Base Closure Account 1990 established under section
2906(a) of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
``(B) The total amount of funds available for grants under this
subsection for a fiscal year may not exceed the lesser of--
``(i) one quarter of one percent of the appropriated funds
available to the Secretary through the accounts referred to in
subparagraph (A); or
``(ii) $7,500,000.''.
(c) Involvement of Committees and Boards in Defense Environmental
Restoration Program.--Such section is further amended by adding after
subsection (e), as added by subsection (b), the following:
``(f) Involvement in Defense Environmental Restoration Program.--If
a technical review committee or restoration advisory board is
established with respect to an installation, the Secretary shall
consult with and seek the advice of the committee or board on the
following issues:
``(1) Identifying environmental restoration activities and
projects at the installation.
``(2) Monitoring progress on these activities and projects.
``(3) Collecting information regarding restoration
priorities for the installation.
``(4) Addressing land use, level of restoration, acceptable
risk, and waste management and technology development issues
related to environmental restoration at the installation.
``(5) Developing environmental restoration strategies for
the installation.''.
(d) Implementation Requirements.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall--
(1) prescribe the regulations required under subsections
(d) and (e)(1) of title 10, United States Code, as added by
this section; and
(2) take appropriate actions to notify the public of the
availability of technical assistance grants under subsection
(e) of such section, as so added. | Authorizes the Secretary of Defense to establish a restoration advisory board in connection with any military installation at which environmental restoration activities are planned. Authorizes the Secretary to make grants to facilitate the participation of private individuals on technical review committees and restoration advisory boards in order to ensure public input into the planning and implementation of environmental restoration activities at installations where such committees and boards are in operation. Limits total grant amounts. Requires the Secretary to consult with, and seek the advice of, such committees and boards on specified issues related to such restoration activities. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to authorize the Secretary of Defense to provide assistance to promote public participation in defense environmental restoration activities."} | 1,127 | 116 | 0.637195 | 1.649473 | 0.595833 | 3.638095 | 10.428571 | 0.895238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intergenerational Financial
Obligations Reform Act'' or the ``INFORM Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Fiscal gap.--The term ``fiscal gap'' means an economic
analysis that--
(A) calculates the difference between the present
value of all projected future Federal spending,
including interest and principal payments on the
initial outstanding debt, and the present value of all
projected future Federal revenues, over an infinite
time horizon;
(B) calculates the permanent Federal revenue
increases and spending reductions and identifies the
combination of fiscal policy options starting in the
budget year, and 5, 10, 15, and 25 years after the
budget year, needed to eliminate the infinite horizon
fiscal gap calculated as of the budget year; and
(C) calculates the increases in the levels of
annual rates of economic growth factors, including
technological change, labor productivity, and capital
deepening, starting in the budget year, and 5, 10, 15,
and 25 years after the budget year, needed to eliminate
the infinite horizon fiscal gap calculated as of the
budget year.
(2) Generation.--The term ``generation'' means a 1-year age
cohort.
(3) Generational accounting.--The term ``generational
accounting'' means an economic analysis that calculates--
(A) the projected present value lifetime net
Federal tax burden facing each living adult generation
over 18 years of age; and
(B) the present value lifetime net Federal tax
burdens facing each current generation of children 18
years of age and under, as well as each future
generation, assuming--
(i) the sum of all present value lifetime
net Federal tax burdens facing each current
generation of children 18 years of age and
under, as well as each future generation,
covers the present value of future
discretionary spending, including interest and
principal payments on the initial outstanding
debt, less the sum of all present value
lifetime net Federal tax burdens facing living
adult generations over 18 years of age; and
(ii) the lifetime net Federal tax burden of
generations 18 years of age and under, as well
as future generations, increases with year of
birth at the projected growth rate of labor
productivity.
(4) Net federal tax burden.--The term ``net Federal tax
burden'' means the difference between Federal taxes paid and
transfer payments received.
SEC. 3. THE CONGRESSIONAL BUDGET OFFICE REPORT.
Section 202(e) of the Congressional Budget Act of 1974 is amended
by inserting at the end the following:
``(4)(A) For any legislation or resolution considered in
the Senate or the House of Representatives that would impact
revenues or mandatory spending by greater than 0.5 percent of
gross domestic product over the following 10-fiscal year period
and upon request relating to such legislation or resolution by
the Chairmen or Ranking Members of the Committees on the Budget
of the House of Representatives or the Senate, the
Congressional Budget Office shall be required to provide, with
respect to such legislation or resolution--
``(i) a fiscal gap and generational accounting
analysis, including the change in the fiscal gap and
generational accounting analysis relative to the
baseline; and
``(ii) the Federal deficit, at current spending
levels, in the fiscal year that is 75 years and the
stock of the debt in the 75th year after the fiscal
year in which the legislation is being considered.
``(B) In this paragraph--
``(i) the term `fiscal gap' means an economic
analysis that--
``(I) calculates the difference between the
present value of all projected future Federal
spending, including interest and principal
payments on the initial outstanding debt, and
the present value of all projected future
Federal revenues, over an infinite time
horizon;
``(II) calculates the permanent Federal
revenue increases and spending reductions and
identifies the combination of fiscal policy
options starting in the budget year, and 5, 10,
15, and 25 years after the budget year, needed
to eliminate the infinite horizon fiscal gap
calculated as of the budget year; and
``(III) calculates the increases in the
levels of annual rates of economic growth
factors, including technological change, labor
productivity, and capital deepening, starting
in the budget year, and 5, 10, 15, and 25 years
after the budget year, needed to eliminate the
infinite horizon fiscal gap calculated as of
the budget year;
``(ii) the term `generation' means a 1-year age
cohort;
``(iii) the term `generational accounting' means an
economic analysis that calculates--
``(I) the projected present value lifetime
net Federal tax burden facing each living adult
generation over 18 years of age; and
``(II) the present value lifetime net
Federal tax burdens facing each current
generation of children 18 years of age and
under, as well as each future generation,
assuming--
``(aa) the sum of all present value
lifetime net Federal tax burdens facing
each current generation of children 18
years of age and under, as well as each
future generation, covers the present
value of future discretionary spending,
including interest and principal
payments on the initial outstanding
debt, less the sum of all present value
lifetime net Federal tax burdens facing
living adult generations over 18 years
of age; and
``(bb) the lifetime net Federal tax
burden of generations 18 years of age
and under, as well as future
generations, increases with year of
birth at the projected growth rate of
labor productivity; and
``(iv) the term `net Federal tax burden' means the
difference between Federal taxes paid and transfer
payments received.''.
SEC. 4. CBO ANNUAL REPORT.
(a) In General.--The Congressional Budget Office shall produce an
annual fiscal gap and generational accounting analysis within its
annual ``Long-Term Budget Outlook''.
(b) Public Report.--The Director of the Congressional Budget Office
shall post the report described in subsection (a) on the Congressional
Budget Office public website.
SEC. 5. GAO ANNUAL REPORT.
(a) In General.--The Comptroller General shall produce an annual
fiscal gap and generational accounting analysis within its annual
``Long-Term Fiscal Outlook''.
(b) Public Report.--The Comptroller General shall post the report
described in subsection (a) on the General Accountability Office public
website.
SEC. 6. THE PRESIDENT'S BUDGET.
Section 1105 of title 31, United States Code, is amended--
(1) in subsection (a), by--
(A) redesignating paragraph (37) following
paragraph (38) as paragraph (39); and
(B) adding at the end the following:
``(40) an analysis including--
``(A) a fiscal gap and generational accounting
analysis of the full budget proposal;
``(B) a fiscal gap and generational accounting
analysis of specific policy changes that would impact
revenues or mandatory spending by greater than 0.5
percent of gross domestic product over the following
10-fiscal year period; and
``(C) the Federal deficit, at current spending
levels, in the fiscal year that is 75 years and the
stock of the debt in the 75th year after the fiscal
year in which the policy is being considered.''; and
(2) by inserting at the end the following:
``(i) For purposes of subsection (a)(40)--
``(1) the term `fiscal gap' means an economic analysis
that--
``(A) calculates the difference between the present
value of all projected future Federal spending,
including interest and principal payments on the
initial outstanding debt, and the present value of all
projected future Federal revenues, over an infinite
time horizon;
``(B) calculates the permanent Federal revenue
increases and spending reductions and identifies the
combination of fiscal policy options starting in the
budget year, and 5, 10, 15, and 25 years after the
budget year, needed to eliminate the infinite horizon
fiscal gap calculated as of the budget year; and
``(C) the increases in the levels of annual rates
of economic growth factors, including technological
change, labor productivity, and capital deepening,
starting in the budget year, and 5, 10, 15, and 25
years after the budget year, needed to eliminate the
infinite horizon fiscal gap calculated as of the budget
year;
``(2) the term `generation' means a 1-year age cohort;
``(3) the term `generational accounting' means an economic
analysis that calculates--
``(A) the projected present value lifetime net
Federal tax burden facing each living adult generation
over 18 years of age; and
``(B) the present value lifetime net Federal tax
burdens facing each current generation of children 18
years of age and under, as well as each future
generation, assuming--
``(i) the sum of all present value lifetime
net Federal tax burdens facing each current
generation of children 18 years of age and
under, as well as each future generation,
covers the present value of future
discretionary spending, including interest and
principal payments on the initial outstanding
debt, less the sum of all present value
lifetime net Federal tax burdens facing living
adult generations over 18 years of age; and
``(ii) the lifetime net Federal tax burden
of generations 18 years of age and under, as
well as future generations, increases with year
of birth at the projected growth rate of labor
productivity; and
``(4) the term `net Federal tax burden' means the
difference between Federal taxes paid and transfer payments
received.''. | Intergenerational Financial Obligations Reform Act or INFORM Act - Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office (CBO) to provide certain information on any legislation or resolution considered in either chamber which would impact revenues or mandatory spending by greater than 0.5% of gross domestic product (GDP) over the following 10-fiscal-year period, and upon request by the Chairmen or Ranking Members of the congressional budget committees. Requires such information to comprise: a fiscal gap and generational accounting analysis, including any change in the analysis relative to the baseline; and the federal deficit, at current spending levels, in the fiscal year that is 75 years after the fiscal year in which the legislation is being considered, as well as the stock of the debt in that 75th year. Requires: (1) CBO to produce an annual fiscal gap and generational accounting analysis within its annual "Long-Term Budget Outlook" and post it on the CBO public website, and (2) the Comptroller General to produce a separate similar analysis within its annual "Long-Term Fiscal Outlook" and post it on the General Accountability Office (GAO) public website. Requires the President's budget submission to Congress to include: a fiscal gap and generational accounting analysis of the full budget proposal; the same kind of analysis of specific policy changes that would impact revenues or mandatory spending by greater than 0.5% of GDP over the following 10-fiscal year period; and the federal deficit, at current spending levels, in the fiscal year that is 75 years after the fiscal year in which the legislation is being considered, as well as the stock of the debt in that 75th year. | {"src": "billsum_train", "title": "INFORM Act"} | 2,033 | 371 | 0.566791 | 1.771066 | 0.607553 | 4.437309 | 6.287462 | 0.889908 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bankruptcy Judgeship Act of 2010''.
SEC. 2. ADDITIONAL PERMANENT OFFICES OF BANKRUPTCY JUDGES.
Section 152(a)(2) of title 28, United States Code, is amended--
(1) in the item relating to the eastern and western
districts of Arkansas by striking ``3'' and inserting ``4'';
(2) in the item relating to the eastern district of
California by striking ``6'' and inserting ``8'';
(3) in the item relating to the district of Delaware by
striking ``1'' and inserting ``6'';
(4) in the item relating to the middle district of Florida
by striking ``8'' and inserting ``9'';
(5) in the item relating to the northern district of
Florida by striking ``1'' and inserting ``2'';
(6) in the item relating to the southern district of
Florida by striking ``5'' and inserting ``7'';
(7) in the item relating to the northern district of
Georgia by striking ``8'' and inserting ``10'';
(8) in the item relating to the southern district of
Georgia by striking ``2'' and inserting ``3'';
(9) in the item relating to the district of Maryland by
striking ``4'' and inserting ``7'';
(10) in the item relating to the eastern district of
Michigan by striking ``4'' and inserting ``7'';
(11) in the item relating to the northern district of
Mississippi by striking ``1'' and inserting ``2'';
(12) in the item relating to the district of Nevada by
striking ``3'' and inserting ``5'';
(13) in the item relating to the district of New Hampshire
by striking ``1'' and inserting ``2'';
(14) in the item relating to the district of New Jersey by
striking ``8'' and inserting ``9'';
(15) in the item relating to the northern district of New
York by striking ``2'' and inserting ``3'';
(16) in the item relating to the southern district of New
York by striking ``9'' and inserting ``10'';
(17) in the item relating to the eastern district of North
Carolina by striking ``2'' and inserting ``3'';
(18) in the item relating to the western district of North
Carolina by striking ``2'' and inserting ``3'';
(19) in the item relating to the middle district of
Pennsylvania by striking ``2'' and inserting ``3'';
(20) in the item relating to the eastern district of
Tennessee by striking ``3'' and inserting ``4'';
(21) in the item relating to the western district of
Tennessee by striking ``4'' and inserting ``5'';
(22) in the item relating to the eastern district of
Virginia by striking ``5'' and inserting ``6''; and
(23) in the item relating to the southern district of West
Virginia by striking ``1'' and inserting ``2''.
SEC. 3. CONVERSION OF CERTAIN TEMPORARY OFFICES OF BANKRUPTCY JUDGES TO
PERMANENT OFFICES.
(a) Conversion of Certain Temporary Offices Established by Public
Law 109-8.--The temporary offices of bankruptcy judges established by
section 1223(b)(1) of Public Law 109-8 (28 U.S.C. 152 note) for the
following districts are hereby converted so as to be included in the
permanent offices of bankruptcy judges that are added by the amendments
made by section 2 with respect to the corresponding districts:
(1) The eastern district of California.
(2) The district of Delaware.
(3) The southern district of Florida.
(4) The southern district of Georgia.
(5) The district of Maryland.
(6) The district of New Jersey.
(7) The northern district of New York.
(8) The southern district of New York.
(9) The eastern district of North Carolina.
(10) The middle district of Pennsylvania.
(11) The western district of Tennessee.
(12) The eastern district of Virginia.
(13) The district of Nevada.
(b) Conversion of Certain Temporary Offices Established by Public
Law 102-361.--The temporary offices of bankruptcy judges established by
section 3(a) of Public Law 102-361 (28 U.S.C. 152 note) for the
following districts are hereby converted so as to be included in the
permanent offices of bankruptcy judges that are added by the amendments
made by section 2 with respect to the corresponding districts:
(1) The district of Delaware.
(2) The district of New Hampshire.
(3) The eastern district of Tennessee.
SEC. 4. EXTENSION OF CERTAIN TEMPORARY OFFICES OF BANKRUPTCY JUDGES
ESTABLISHED BY PUBLIC LAW 109-8.
(a) Extensions.--The temporary offices of bankruptcy judges
established for the eastern district of Pennsylvania and the middle
district of North Carolina by section 1223(b)(1) of Public Law 109-8
(28 U.S.C. 152 note) are extended until the 1st vacancy occurring in
the office of a bankruptcy judge in the respective district resulting
from the death, retirement, resignation, or removal of a bankruptcy
judge and occurring 5 years or more after the date of the enactment of
this Act.
(b) Applicability of Other Provisions.--Except as provided in
subsection (a), all other provisions of section 1223(b) of Public Law
109-8 (28 U.S.C. 152 note) remain applicable to the temporary offices
of bankruptcy judges referred to in subsection (a).
SEC. 5. PAYGO OFFSET.
(a) Bankruptcy Filing Fees.--Section 1930(a) of title 28, United
States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``$245'' and
inserting ``$246''; and
(B) in subparagraph (B) by striking ``$235'' and
inserting ``$236''; and
(2) in paragraph (3) by striking ``$1,000'' and inserting
``$1,042''.
(b) United States Trustee Fund.--Section 589a(b) of title 28,
United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``40.46'' and
inserting ``40.28''; and
(B) in subparagraph (B) by striking ``28.33'' and
inserting ``28.15''; and
(2) in paragraph (2) by striking ``55'' and inserting
``52.78''.
(c) Collection and Deposition of Miscellaneous Bankruptcy Fees.--
Section 406(b) of the Judiciary Appropriations Act, 1990 (Public Law
101-162; 28 U.S.C. 1931 note) is amended--
(1) by striking ``28.87'' and inserting ``28.74'';
(2) by striking ``35.00'' and inserting ``34.77''; and
(3) by striking ``25'' and inserting ``23.99''.
SEC. 6. EFFECTIVE DATES.
(a) General Effective Date.--Except as provided in subsection (b),
this Act and the amendments made by this Act shall take effect on the
date of the enactment of this Act.
(b) Special Effective Date.--The amendments made by section 5 shall
take effect 180 days after the date of the enactment of this Act.
Passed the House of Representatives March 12, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Bankruptcy Judgeship Act of 2010 - Amends the federal judicial code to authorize the appointment of additional permanent bankruptcy judges in various states.
Converts certain temporary offices of bankruptcy judges to permanent offices in specified states.
Extends certain temporary offices of bankruptcy judges previously authorized for Pennsylvania and North Carolina.
Increases bankruptcy filing fees.
Reduces the amount of bankruptcy fees to be deposited as offsetting collections to the United States Trustee System Fund. | {"src": "billsum_train", "title": "To authorize the appointment of additional bankruptcy judges, and for other purposes."} | 1,819 | 98 | 0.505426 | 1.093477 | 0.164419 | 2.280488 | 19.54878 | 0.743902 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Caribbean Strategic
Engagement Act of 2016''.
SEC. 2. STATEMENT OF POLICY.
Congress declares that it is the policy of the United States to
increase engagement with the governments of the Caribbean region and
with civil society, including the private sector, in both the United
States and the Caribbean, in a concerted effort to--
(1) enhance diplomatic relations between the United States and
the Caribbean region;
(2) increase economic cooperation between the United States and
the Caribbean region;
(3) support regional economic, political, and security
integration efforts in the Caribbean region;
(4) encourage enduring economic development and increased
regional economic diversification and global competitiveness;
(5) reduce levels of crime and violence, curb the trafficking
of illicit drugs, strengthen the rule of law, and improve citizen
security;
(6) improve energy security by increasing access to diverse,
reliable, and affordable power;
(7) advance cooperation on democracy and human rights at
multilateral fora;
(8) continue support for public health advances and cooperation
on health concerns and threats to the Caribbean region; and
(9) expand Internet access throughout the region, especially to
countries lacking the appropriate infrastructure.
SEC. 3. STRATEGY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, in coordination with the Administrator of
the United States Agency for International Development (USAID), shall
submit to the appropriate congressional committees a multi-year
strategy for United States engagement to support the efforts of
interested nations in the Caribbean region that--
(1) identifies Department of State and USAID priorities, in
coordination with other executive branch agencies, for United
States policy towards the Caribbean region;
(2) outlines an approach to partner with governments of the
Caribbean region to improve citizen security, reduce the
trafficking of illicit drugs, strengthen the rule of law, and
improve the effectiveness and longevity of the Caribbean Basin
Security Initiative;
(3) establishes a comprehensive, integrated, multi-year
strategy to encourage efforts of the Caribbean region to implement
regional and national strategies that improve energy security, by
increasing access to all available sources of energy, including by
taking advantage of the indigenous energy sources of the Caribbean
and the ongoing energy revolution in the United States;
(4) outlines an approach to improve diplomatic engagement with
the governments of the Caribbean region, including with respect to
human rights and democracy;
(5) Describes how the United States can develop an approach to
supporting Caribbean countries in efforts they are willing to
undertake with their own resources to diversify their economies;
(6) describes ways to ensure the active participation of
citizens of the Caribbean in existing program and initiatives
administered by the Department of State's Bureau of Educational and
Cultural Affairs; and
(7) reflects the input of other executive branch agencies, as
appropriate.
SEC. 4. BRIEFINGS.
The Secretary of State shall offer to the appropriate congressional
committees annual briefings that review Department of State efforts to
implement the strategy for United States engagement with the Caribbean
region in accordance with section 3.
SEC. 5. PROGRESS REPORT.
Not later than 2 years after the submission of the strategy
required under section 3, the President shall submit to the appropriate
congressional committees a report on progress made toward implementing
the strategy\\.
SEC. 6. REPORTING COST OFFSET.
Section 601(c)(4) of the Foreign Service Act of 1980 (22 U.S.C.
4001(c)(4)) is amended by striking ``the following:'' and all that
follows through ``(B) A workforce plan'' and inserting ``a workforce
plan''.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the Committee
on Foreign Relations of the Senate.
(2) Caribbean region.--The term ``Caribbean region'' means the
Caribbean Basin Security Initiative beneficiary countries.
(3) Security assistance.--The term ``security assistance'' has
the meaning given such term in section 502B(d)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304(d)(2)).
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. United States-Caribbean Strategic Engagement Act of 2016 (Sec. 2) This bill declares that it is U.S. policy to increase engagement with the governments of the Caribbean region, including the private sector, and with civil society in both the United States and the Caribbean. (Sec. 3) The Department of State shall submit to Congress a multi-year strategy for U.S. engagement to support the efforts of interested nations in the Caribbean region that: identifies State Department and U.S. Agency for International Development (USAID) priorities for U.S. policy towards the Caribbean region; outlines an approach to partner with Caribbean governments to improve citizen security, reduce illicit drug trafficking, strengthen the rule of law, and improve the effectiveness and longevity of the Caribbean Basin Security Initiative (CBSI); encourages efforts of the region to implement regional and national strategies that improve Caribbean energy security by increasing access to all available sources of energy, including by taking advantage of the indigenous energy sources of the Caribbean and the ongoing energy revolution in the United States; improves diplomatic engagement with Caribbean governments; describes how the United States can develop an approach to supporting Caribbean countries in efforts they are willing to undertake with their own resources to diversify their economies; and describes ways to ensure the active participation of citizens of the Caribbean in existing program and initiatives administered by the State Department's Bureau of Educational and Cultural Affairs. (Sec. 4) The State Department shall offer to annually brief the appropriate congressional committees on efforts to implement such strategy. (Sec. 5) The President shall report within two years on progress made in implementing such strategy. (Sec. 6) The Foreign Service Act of 1980 is amended to eliminate from the State Department's Foreign Service workplace report descriptions of steps taken in furtherance of compatibility and the development of uniform procedures and consolidated personnel functions. | {"src": "billsum_train", "title": "United States-Caribbean Strategic Engagement Act of 2016"} | 925 | 408 | 0.75541 | 2.522788 | 0.813071 | 4.530831 | 2.426273 | 0.89008 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invest in Small Business Act of
2007''.
SEC. 2. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO
QUALIFIED SMALL BUSINESS STOCK.
(a) Increased Exclusion.--
(1) In general.--Paragraph (1) of section 1202(a) of the
Internal Revenue Code of 1986 (relating partial exclusion for
gain from certain small business stock) is amended to read as
follows:
``(1) In general.--Gross income shall not include 75
percent of any gain from the sale or exchange of qualified
small business stock held for more than 4 years.''.
(2) Empowerment zone businesses.--Subparagraph (A) of
section 1202(a)(2) of such Code is amended--
(A) by striking ``60 percent'' and inserting ``100
percent'', and
(B) by striking ``50 percent'' and inserting ``75
percent''.
(3) Rule relating to stock held among members of controlled
group.--Subsection (c) of section 1202 of such Code is amended
by adding at the end the following new paragraph:
``(4) Stock held among members of 25-percent controlled
group not eligible.--
``(A) In general.--Stock of a member of a 25-
percent controlled group shall not be treated as
qualified small business stock while held by another
member of such group.
``(B) 25-percent controlled group.--For purposes of
subparagraph (A), the term `25-percent controlled
group' means any controlled group of corporations as
defined in section 1563(a)(1), except that--
``(i) `more than 25 percent' shall be
substituted for `at least 80 percent' each
place it appears in section 1563(a)(1), and
``(ii) section 1563(a)(4) shall not
apply.''.
(4) Conforming amendments.--Subsections (b)(2), (g)(2)(A),
and (j)(1)(A) of section 1202 of such Code are each amended by
striking ``5 years'' and inserting ``4 years''.
(b) Repeal of Minimum Tax Preference.--
(1) In general.--Subsection (a) of section 57 of the
Internal Revenue Code of 1986 (relating to items of tax
preference) is amended by striking paragraph (7).
(2) Technical amendment.--Subclause (II) of section
53(d)(1)(B)(ii) of such Code is amended by striking ``, (5),
and (7)'' and inserting ``and (5)''.
(c) Repeal of 28 Percent Capital Gains Rate on Qualified Small
Business Stock.--
(1) In general.--Subparagraph (A) of section 1(h)(4) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(A) collectibles gain, over''.
(2) Conforming amendments.--
(A) Section 1(h) of such Code is amended by
striking paragraph (7).
(B)(i) Section 1(h) of such Code is amended by
redesignating paragraphs (8), (9), (10), (11), (12),
and (13) as paragraphs (7), (8), (9), (10), (11), and
(12), respectively.
(ii) Sections 163(d)(4)(B), 854(b)(5), 857(c)(2)(D)
of such Code are each amended by striking ``section
1(h)(11)(B)'' and inserting ``section 1(h)(10)(B)''.
(iii) The following sections of such Code are each
amended by striking ``section 1(h)(11)'' and inserting
``section 1(h)(10)'':
(I) Section 301(f)(4).
(II) Section 306(a)(1)(D).
(III) Section 584(c).
(IV) Section702(a)(5).
(V) Section 854(a).
(VI) Section 854(b)(2).
(iv) The heading of section 857(c)(2) is amended by
striking ``1(h)(11)'' and inserting ``1(h)(10)''.
(d) Increase Aggregate Asset Limitation for Qualified Small
Businesses.--
(1) In general.--Paragraph (1) of section 1202(d) of the
Internal Revenue Code of 1986 (relating to qualified small
business) is amended by striking ``$50,000,000'' each place it
appears and inserting ``$100,000,000''.
(2) Inflation adjustment.--Section 1202(d) of such Code is
amended by adding at the end the following new paragraph:
``(4) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2007, each of the
$100,000,000 dollar amounts in paragraph (1) 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 2006'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $1,000, such
amount shall be rounded to the next lowest multiple of
$100.''.
(e) Effective Date.--
(1) In general.--The amendments made by this section apply
to stock issued after December 31, 2007.
(2) Special rule for stock issued before december 31,
2007.--The amendments made by subsections (a), (b), and (c)
shall apply to sales or exchanges--
(A) made after December 31, 2007,
(B) of stock issued before such date,
(C) by a taxpayer other than a corporation. | Invest in Small Business Act of 2007 - Amends the Internal Revenue Code to: (1) increase the exclusion from gross income of gain from the sale or exchange of qualified small business stock from 50 to 75 % of such gain and to reduce the required holding period for such stock from five to four years; (2) allow a 100% exclusion of gain from such stock sold by a business in an empowerment zone; (3) deny a tax exclusion for small business stock held by a 25% controlled corporate group; (4) repeal as an item of tax preference under the alternative minimum tax the exclusion of gain from the sale of small business stock; (5) repeal the 28% income tax rate on the gain from the sale of small business stock which is not excluded from gross income; (6) revise the definition of "qualified small business" for certain tax purposes to mean a C corporation with aggregate gross assets not exceeding $100 million (currently, $50 million); and (7) provide for an annual inflation adjustment to the small business aggregate gross asset amount after 2007. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to modify the partial exclusion for gain from certain small business stocks."} | 1,385 | 219 | 0.558211 | 1.526049 | 0.786942 | 1.833333 | 5.384259 | 0.805556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Fully Informed Investment
Decision Making Act of 2007''.
SEC. 2. STATE SPONSOR OF TERRORISM DEFINED.
In this Act, the term ``state sponsor of terrorism'' means any
country, the government of which has been determined by the Secretary
of State to have repeatedly provided support for acts of international
terrorism pursuant to--
(1) section 6(j)(1)(A) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor thereto);
(2) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(3) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a)).
SEC. 3. SECURITIES AND EXCHANGE COMMISSION DISCLOSURE OF BUSINESS TIES
TO STATE SPONSORS OF TERROR.
(a) Requirement for a Securities and Exchange Commission Report.--
Not later than 90 days after the date of enactment of this Act and
annually thereafter, the Securities and Exchange Commission (in this
Act referred to as the ``Commission'') shall prepare and submit to
Congress a report on business activities carried out with state
sponsors of terrorism.
(b) Content.--The report required by subsection (a) shall include--
(1) a list of all persons required to make periodic or
other filings pursuant to section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) that
disclose in filings with the Commission business activity in or
with a country that is a state sponsor of terrorism, or an
instrumentality of such a country;
(2) a description of such business activities carried out
by each person referred to in paragraph (1);
(3) the value of such activities carried out by each person
referred to in paragraph (1); and
(4) a description of the disclosure standard in effect at
the time at which the content of the report was collected, if
it has changed from the time of the first or most recent report
submitted pursuant to subsection (a), and the criteria for
persons to register under section 12(g) of the Securities
Exchange Act of 1934 (15 U.S.C. 78l(g)).
(c) Publication of Disclosure Data.--The Commission shall make the
report required by this section available on its website in an easily
accessible and searchable format, and shall regularly update the
information on the website as new information becomes available to the
Commission.
(d) Strengthening Securities and Exchange Commission Disclosure
Requirement.--Not later than 180 days after the date of enactment of
this Act, the Commission shall issue regulations to require disclosure
by all persons required to make periodic or other filings pursuant to
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) of business activity in an amount equal to more
than $20,000,000, either directly or through an affiliate, in or with a
country that is a state sponsor of terrorism, or an instrumentality of
such country.
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS.
(a) Evaluation of Securities and Exchange Commission Report.--Not
later than 90 days after the date of delivery of the report of the
Commission under section 3, and annually thereafter, the Comptroller
General of the United States shall prepare and submit to Congress a
report that evaluates the completeness of the report of the Commission
under section 3, to include--
(1) a list, in classified form, as necessary, of all
persons, including foreign persons, that are not included in
the report of the Commission under section 3 that are
identified by the intelligence community (as that term is
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 401a)), the Secretary of Commerce, the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the
Secretary of the Treasury, and other appropriate governmental
entities, as carrying out business activities in or with a
country that is a state sponsor of terrorism, or an
instrumentality of such a country;
(2) a list of all persons, including foreign persons, that
are not included in the report of the Commission under section
3 that are identified by relevant nongovernmental entities as
carrying out business activities in or with a country that is a
state sponsor of terrorism, or an instrumentality of such a
country; and
(3) a description of such business activities and the value
of such activities for all persons identified in paragraphs (1)
and (2).
(b) Investment Report.--Not later than 120 days after the date of
delivery of the report of the Commission under section 3, and annually
thereafter, the Comptroller General of the United States shall prepare
and submit to Congress, a report--
(1) that contains the names of persons described in section
3(b)(1) that are included in each of the major investable
financial market indices and the holdings of the Federal Thrift
Savings Plan of the Federal Retirement Thrift Investment Board
(in this subsection referred to as the ``TSP''), including--
(A) the percentage of each such index and TSP
holdings comprised of such persons; and
(B) the dollar capitalization of each such person;
(2) that contains, in classified form, as necessary, the
names of persons described in paragraphs (1) and (2) of
subsection (a) that are included in each of the major
investable financial market indices and the holdings of the
TSP, including--
(A) the percentage of each such index and TSP
holdings comprised of such persons; and
(B) the dollar capitalization of each such person;
and
(3) the unclassified portion of which is made available on
the website of the Government Accountability Office in an
easily accessible and searchable format.
(c) Government Contracting Report.--Not later than 120 days after
the date of delivery of the report of the Commission under section 3,
and annually thereafter, the Comptroller General of the United States
shall prepare and submit to Congress, a report--
(1) that contains the names of the persons described in
section 3(b)(1), the nature of the activity, and the value of
United States Government active contracting for the procurement
of goods or services with any such person;
(2) that contains, in classified form, as necessary, the
names of persons described in paragraphs (1) and (2) of
subsection (a), the nature of the activity, and the value of
United States Government active contracting for the procurement
of goods or services with any such person; and
(3) the unclassified portion of which is made available on
the website of the Government Accountability Office in an
easily accessible and searchable format.
SEC. 5. SENSE OF CONGRESS REGARDING ENCOURAGEMENT FOR FOREIGN EXCHANGES
TO STRENGTHEN DISCLOSURE REQUIREMENTS.
It is the sense of the Congress that the United States Trade
Representative, the Chairman of the Commission, the Secretary of State,
and other relevant representatives of the United States Government
should encourage United States allies to implement disclosure standards
that are similar to those required by this Act for the securities
exchanges of those countries.
SEC. 6. AUTHORIZATION FOR CERTAIN DIVESTMENT MEASURES.
(a) Investment Company Act of 1940.--Section 13 of the Investment
Company Act of 1940 (15 U.S.C. 80a-13) is amended by adding at the end
the following:
``(c) Safe Harbor for Changes in Investment Policies.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, no person may bring any civil, criminal,
or administrative action against any registered investment
company or person providing services to such registered
investment company (including its investment adviser), or any
employee, officer, or director thereof, based solely upon the
investment company divesting from, or avoiding investing in,
securities issued by persons that have business ties to a state
sponsor of terrorism.
``(2) Definition.--For purposes of this subsection, the
term `person' includes the Federal Government and any State or
political subdivision of a State.''. | Promoting Fully Informed Investment Decision Making Act of 2007 - Directs the Securities and Exchange Commission (SEC) to: (1) report to Congress on business activities carried out with state sponsors of terrorism; and (2) issue regulations to require disclosure by all persons required to make filings under the Securities Exchange Act of 1934 regarding any business activity of more than $20 million in or with a country that is a state sponsor of terrorism, or an instrumentality of such country.
Instructs the Comptroller General to report to Congress on: (1) the completeness of the SEC report; (2) the names of such persons included in each of the major investable financial market indices and the holdings of the Federal Thrift Savings Plan; and (3) the nature of the activities concerned, and the value of U.S. government active contracting with such persons for the procurement of goods or services.
Expresses the sense of Congress that the U.S. Trade Representative, the Chairman of the SEC, the Secretary of State, and other relevant representatives of the U.S. government should encourage U.S. allies to implement disclosure standards similar to those required by this Act for the securities exchanges of those countries.
Amends the Investment Company Act of 1940 to prohibit civil, criminal, or administrative action against any registered investment company based solely upon its divesting from, or avoiding investing in, securities issued by persons that have business ties to a state sponsor of terrorism. | {"src": "billsum_train", "title": "A bill to increase the economic pressure on terror sponsoring states, and for other purposes."} | 1,844 | 311 | 0.55206 | 1.705643 | 0.965966 | 4.981685 | 6.113553 | 0.952381 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``PAC Elimination
Act''.
(b) Findings.--Congress finds the following:
(1) Congress now faces a crisis of public confidence about
its ability to conduct the people's business.
(2) Members of Congress, their relatives, lobbyists,
insider-controlled nonprofit organizations, and interest groups
have been accused of acting surreptitiously and in concert to
enrich themselves at the expense of the public.
(3) A government of the people, by the people, and for the
people cannot be a government where influence is purchasable.
(4) Political action committees in particular represent a
narrow fraction of the public viewpoint and generally have few
ties, if any, to the State or district from which the member of
Congress is elected.
(5) The primary recipients of PAC contributions are
incumbents, particularly the most powerful members of Congress.
(6) The public objects to the establishment of a new
political class, a privileged group with perks, amenities, and
job security unavailable to average Americans. The public also
objects to tilting the electoral landscape to the advantage of
a few.
(7) If Congress fails to respond appropriately to limit the
costs of elections and the perks of power, it will become a
legislative body in which the small businessman, the farmer,
the day laborer, and the stay-at-home parent are only
secondarily represented.
(8) Campaign finance reform is the unfinished business of a
Congress in disrepute.
SEC. 2. BAN ON ACTIVITIES OF POLITICAL ACTION COMMITTEES IN FEDERAL
ELECTIONS.
(a) Ban on PACs.--
(1) In general.--Title III of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the
end the following new section:
``ban on activities of political action committees
``Sec. 325. Notwithstanding any other provision of this Act, no
person other than an individual or a political committee may make
contributions, solicit or receive contributions, or make expenditures
for the purpose of influencing an election for Federal office.''.
(2) Revision of Definition of Political Committee.--Section 301(4)
of such Act (2 U.S.C. 431(4)) is amended to read as follows:
``(4) The term `political committee' means--
``(A) the principal campaign committee of a candidate;
``(B) any national, State, or district committee of a
political party, including any subordinate committee thereof;
``(C) any local committee of a political party which--
``(i) receives contributions aggregating in excess
of $5,000 during a calendar year,
``(ii) makes payments exempted from the definition
of contribution or expenditure under paragraph (8) or
(9) aggregating in excess of $5,000 during a calendar
year, or
``(iii) makes contributions or expenditures
aggregating in excess of $1,000 during a calendar year;
and
``(D) any committee jointly established by a principal
campaign committee and any committee described in subparagraph
(B) or (C) for the purpose of conducting joint fundraising
activities.''.
(b) Rules Applicable When Ban not in Effect.--For purposes of the
Federal Election Campaign Act of 1971, during any period after the
effective date of this Act in which the limitation on making
contributions under section 325 of that Act (as added by subsection
(a)) is not in effect--
(1) the amendments made by subsection (a) shall not be in
effect; and
(2) the limitation amount under section 315(a)(2)(A) of
such Act shall be $1,000.
SEC. 3. ADDITIONAL LIMITATIONS ON CONTRIBUTIONS BY POLITICAL ACTION
COMMITTEES.
(a) Alternative Limitation on Aggregate Amount of Contributions
Made by Multicandidate Committee to Any Candidate.--
(1) In general.--Section 315(a)(2)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is
amended by striking the semicolon at the end and inserting the
following: ``, or an amount equal to 10 percent of the
aggregate amount of contributions received by the candidate and
the committees from all sources, whichever is lesser;''.
(2) Return of excess contributions by candidates.--Section
315(f) of such Act (2 U.S.C. 441a(f)) is amended--
(A) by striking ``(f)'' and inserting ``(f)(1)'';
and
(B) by adding at the end the following new
paragraph:
``(2) A candidate (or the authorized committees of a candidate) who
receives a contribution from a multicandidate political committee in
excess of the amount allowed under subsection (a)(2)(A) shall return
the amount of such excess contribution to the contributor.''.
(b) Limitation on Aggregate Amount of Contributions Made by
Multicandidate Committee to All Candidates.--Section 315(a) of such Act
(2 U.S.C. 441a(a)) is amended by adding at the end the following new
paragraph:
``(9) Notwithstanding any other provision of this Act, during each
two-year period beginning on January 1 of an odd-numbered year, the
total amount of contributions of a nonparty multicandidate political
committee to all candidates for Federal office and their authorized
political committees shall not exceed $500,000.''.
SEC. 4. REQUIRING NOT LESS THAN 80 PERCENT OF CANDIDATE FUNDS TO COME
FROM IN-STATE INDIVIDUALS.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(k) Percentage of Candidate Contributions Required to Come From
in-State Individuals.--With respect to each reporting period for an
election, not less than 80 percent of the total of contributions
accepted by a candidate shall be from individuals--
``(1) who are residents of the State involved or the State
in which the Congressional district involved is located, in the
case of a candidate for the office of Senator or Representative
in the Congress; or
``(2) who are residents of the jurisdiction the candidate
seeks to represent, in the case of a candidate for the office
of Delegate or Resident Commissioner to the Congress.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring after December 2006. | PAC Elimination Act - Amends the Federal Election Campaign Act of 1971 to prohibit any person, other than an individual or a candidate's or party's political committee, from making contributions, soliciting or receiving contributions, or making expenditures for the purpose of influencing an election for federal office.
Provides for additional limitations on contributions by multicandidate political action committees.
Requires at least 80% of candidate funds to come from in-state individuals. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to prohibit nonparty multicandidate political committees from making contributions in support of campaigns for election for Federal office, and for other purposes."} | 1,509 | 102 | 0.421802 | 1.045977 | 0.894183 | 4.107143 | 15.666667 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Energy Fair Pricing
Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Organization of Petroleum Exporting Countries
(OPEC), in its capacity as an oil cartel, has been a critical
factor in withholding production from the market and driving up
oil prices approximately 300 percent from January 1999 to June
2000.
(2) Nationwide, gasoline prices have increased
approximately 60 cents a gallon since the beginning of 1999
with crude oil prices increasing 48 cents over this same time
period.
(3) The Department of Energy's weekly survey showed the
average cost of gasoline in the United States increased 5 cents
a gallon to $1.68 from the second to the third week of June
2000, a record high for a fourth week in a row.
(4) Price declines in the cost of oil in April 2000,
following the March 2000 OPEC meetings, have been reversed
because OPEC output did not meet global demand and supply
conditions. When OPEC members met in March 2000, quotas were
not set high enough for refiners around the world to rebuild
crude stocks depleted by winter heating demand.
(5) Crude oil stocks in the United States are only
31,000,000 barrels above the lowest operational inventories
ever observed in recent times (the equivalent of 2 days of
refinery operations) and 20,000,000 barrels under the normal
range for the month of June.
(6) The United States needs to make a systematic review of
its bilateral and multilateral policies and those of all
international organizations and international financial
institutions to ensure that these policies are not directly or
indirectly supporting the oil price fixing activities,
policies, and programs of OPEC.
SEC. 3. POLICY OF THE UNITED STATES.
(a) Policy With Respect to International Organizations.--It shall
be the policy of the United States that the extent to which each
international organization supports, or otherwise recognizes, OPEC will
be an important determinant in the relationship between the United
States and this organization.
(b) Policy With Respect to International Financial Institutions.--
It shall be the policy of the United States that the extent to which
each international financial institution supports or otherwise
recognizes OPEC, will be an important determinant in the relationship
between the United States and the institution.
(c) Policy With Respect to the Energy and Development Activities.--
The United States should carefully review all the energy development
projects and programs administered by the United States Agency for
International Development in developing countries to ensure that these
projects and programs do not indirectly or inadvertently support the
activities of OPEC.
SEC. 4. POLICY TOWARD THE INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Report to the Congress on Activities of the International
Financial Institutions.--No later than 90 days after the date of the
enactment of this Act, the President shall transmit to the Congress a
report that contains the following:
(1) A description of any loan, guarantee, or technical
assistance provided or to be provided by any international
financial institution that does or would directly or indirectly
support any activity or program of OPEC or any other cartel, or
any member of OPEC or any other cartel, engaging in production
cutbacks or other market-distorting practices.
(2) A description of the energy sector loans of, technical
assistance provided by, and policies of each international
financial institution, and an analysis of the extent to which
the loans, assistance, or policies promote the complete dismantlement
of international oil price fixing arrangements and the development of a
market-based system for the exploration, production, and marketing of
petroleum resources.
(b) United States Position in International Financial
Institutions.--The United States Executive Directors at each
international financial institution shall use the voice, vote, and
influence of the United States to oppose the provision of any loan,
guarantee, or technical assistance by the institution that would
directly or indirectly support the activities and programs of OPEC or
any other cartel, or any member of OPEC or any other cartel, engaging
in production cutbacks or other market-distorting practices.
SEC. 5. REPORT RELATING TO THE ORGANIZATION FOR ECONOMIC COOPERATION
AND DEVELOPMENT (OECD).
Not later than 90 days after the date of the enactment of this Act,
the President shall prepare and transmit to Congress a report that--
(1) describes the efforts of the Organization for Economic
Cooperation and Development (OECD) to review the market-
distorting practices of international cartels, including OPEC,
and recommends specific actions that the member countries of
the OECD can undertake to combat such practices; and
(2) describes actions to be taken by the United States to
ensure that the OECD expands upon its activities and programs
regarding the operation of international cartels.
SEC. 6. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961.
Section 106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151d)
is amended by adding at the end the following:
``(g)(1) In carrying out the activities under this chapter, the
President shall--
``(A) ensure that amounts made available to carry out this
chapter are not used to support, directly or indirectly, the
programs, activities, and policies of the Organization of
Petroleum Exporting Countries (OPEC), or any other cartel, or
any member of OPEC or any other cartel, if OPEC or such other
cartel engages in oil price fixing; and
``(B) certify annually to the appropriate congressional
committees that the requirement of subparagraph (A) has been
met for the prior fiscal year.
``(2) In this subsection--
``(A) the term `appropriate congressional committees'
means--
``(i) the Committee on International Relations and
the Committee on Banking and Financial Services of the
House of Representatives; and
``(ii) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
``(B) the term `oil price fixing' has the meaning given
such term in section 7(2) of the International Energy Fair
Pricing Act of 2000.''.
SEC. 7. DEFINITIONS.
In this Act:
(1) International financial institution.--The term
``international financial institution'' has the meaning given
in section 1701(c)(2) of the International Financial
Institutions Act.
(2) Oil price fixing.--The term ``oil price fixing'' means
participation in any agreement, arrangement, or understanding
with other counties that are oil exporters to increase the
price of oil or natural gas by means of, inter alia, limiting
oil or gas production or establishing minimum prices for oil or
gas.
(3) OPEC.--The term ``OPEC'' means the Organization of
Petroleum Exporting Countries.
(4) Petroleum resources.--The term ``petroleum resources''
includes petroleum and natural gas resources. | Directs the President to report to Congress with respect to: (1) any loan, guarantee, or technical assistance provided by any international financial institution that directly or indirectly supports any OPEC program or country, or any other cartel, engaging in production cutbacks or other market-distorting practices; (2) energy sector loans of, technical assistance provided by, and policies of each international financial institution, including an analysis of the extent to which they promote the complete dismantlement of international oil price fixing arrangements and the development of a market-based system for the exploration, production, and marketing of petroleum resources; (3) Organization for Economic Cooperation and Development (OECD) efforts to review market-distorting practices of international cartels, including OPEC, and specific actions that OECD member countries can undertake to combat such practices; and (4) U.S. actions to ensure that the OECD expands upon its activities and programs regarding the operation of international cartels.
Amends the Foreign Assistance Act of 1961 to direct the President, in providing assistance for the development of indigenous energy resources in developing non-OPEC countries, to ensure that such assistance is not used to support, directly or indirectly, OPEC programs or countries, or any other cartel, if OPEC or such cartel engages in oil price fixing. | {"src": "billsum_train", "title": "International Energy Fair Pricing Act of 2000"} | 1,526 | 282 | 0.506693 | 1.503575 | 0.865985 | 5.353659 | 5.743902 | 0.963415 |
TITLE I--REAUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM;
RELATED PROVISIONS
SECTION 101. REAUTHORIZATION OF PROGRAM.
(a) Assistance for Workers.--Section 245 of the Trade Act of 1974
(19 U.S.C. 2317) is amended by striking ``October 1, 1998, and ending
September 30, 2001,'' each place it appears and inserting ``October 1,
2001, and ending September 30, 2003,''.
(b) Assistance for Firms.--Section 256(b) of the Trade Act of 1974
(19 U.S.C. 2346(b)) is amended by striking ``October 1, 1998, and
ending September 30, 2001'' and inserting ``October 1, 2001, and ending
September 30, 2003,''.
(c) Termination.--Section 285(c) of the Trade Act of 1974 (19
U.S.C. 2271 note) is amended in paragraphs (1) and (2)(A) by striking
``September 30, 2001'' and inserting ``September 30, 2003''.
(d) Training Limitation Under NAFTA Program.--Section 250(d)(2) of
the Trade Act of 1974 (19 U.S.C. 2331(d)(2)) is amended by striking
``October 1, 1998, and ending September 30, 2001'' and inserting
``October 1, 2001, and ending September 30, 2003''.
(e) Clarification of Certain Reductions.--(1) Section 231(a)(3)(B)
of the Trade Act of 1974 (19 U.S.C. 2291(a)(3)(B)) is amended by
striking ``any unemployment insurance'' and inserting ``any regular
State unemployment insurance''.
(2) Section 233(a)(1) of the Trade Act of 1974 (19 U.S.C.
2293(a)(1)) is amended by striking ``unemployment insurance'' and
inserting ``regular State unemployment insurance''.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2001.
SEC. 102. AMENDMENTS TO LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES.
(a) Increase in Maximum Number of Weeks.--Section 233(a) of the
Trade Act of 1974 (19 U.S.C. 2293(a)) is amended--
(1) in paragraph (2), by inserting after ``104-week
period'' the following: ``(or, in the case of an adversely
affected worker who requires a program of remedial education
(as described in section 236(a)(5)(D)) in order to complete
training approved for the worker under section 236, the 130-
week period)''; and
(2) in paragraph (3), by striking ``26'' each place it
appears and inserting ``52''.
(b) Additional Weeks for Individuals in Need of Remedial
Education.--Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is
amended by adding at the end the following:
``(g) Notwithstanding any other provision of this section, in order
to assist an adversely affected worker to complete training approved
for the worker under section 236 which includes a program of remedial
education (as described in section 236(a)(5)(D)), and in accordance
with regulations prescribed by the Secretary, payments may be made as
trade readjustment allowances for up to 26 additional weeks in the 26-
week period that follows the last week of entitlement to trade
readjustment allowances otherwise payable under this chapter.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to an individual receiving trade readjustment
allowances pursuant to chapter 2 of title II of the Trade Act of 1974
(19 U.S.C. 2271 et seq.) on or after January 1, 2001.
SEC. 103. EXPEDITED REVIEW OF PETITIONS BY SECRETARY OF LABOR.
Section 223(a) of the Trade Act of 1974 (19 U.S.C. 2273(a)) is
amended in the first sentence by striking ``60 days'' and inserting
``40 days''.
SEC. 104. DECLARATION OF POLICY; SENSE OF CONGRESS.
(a) Declaration of Policy.--Congress reiterates that, under the
trade adjustment assistance program under chapter 2 of title II of the
Trade Act of 1974, workers are eligible for transportation, childcare,
and healthcare assistance, as well as other related assistance under
programs administered by the Department of Labor.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Labor, working independently and in conjunction with the
States, should, in accordance with section 225 of the Trade Act of
1974, provide more specific information about benefit allowances,
training, and other employment services, and the petition and
application procedures (including appropriate filing dates) for such
allowances, training, and services, under the trade adjustment
assistance program under chapter 2 of title II of the Trade Act of 1974
to workers who are applying for, or are certified to receive,
assistance under that program, including information on all other
Federal assistance available to such workers.
TITLE II--ADJUSTMENT ASSISTANCE PROGRAM FOR WORKERS SEPARATED FROM
EMPLOYMENT DUE TO THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001
SEC. 201. ESTABLISHMENT OF PROGRAM.
As soon as practicable after the date of the enactment of this Act,
the Secretary of Labor shall establish a program to provide adjustment
assistance for workers separated from employment due to the terrorist
attacks of September 11, 2001, in accordance with the provisions of
this title.
SEC. 202. PETITION.
(a) Petition.--A petition for a certification of eligibility to
apply for adjustment assistance under this title may be filed with the
Secretary by a group of workers (including workers in any agricultural
firm or subdivision of an agricultural firm) or by their certified or
recognized union or other duly authorized representative. Upon receipt
of the petition, the Secretary shall promptly publish notice in the
Federal Register that the Secretary has received the petition and
initiated an investigation.
(b) Public Hearing.--If the petitioner, or any other person found
by the Secretary to have a substantial interest in the proceedings,
submits not later than 10 days after the date of the Secretary's
publication under subsection (a) a request for a hearing, the Secretary
shall provide for a public hearing and afford such interested persons
an opportunity to be present, to produce evidence, and to be heard.
SEC. 203. CERTIFICATION.
(a) Certification.--The Secretary shall certify a group of workers
(including workers in any agricultural firm or subdivision of an
agricultural firm) as eligible to apply for adjustment assistance under
this title if the Secretary determines--
(1) that a significant number or proportion of the workers
in such workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are threatened
to become totally or partially separated;
(2) that sales or production, or both, of such firm or
subdivision have decreased absolutely; and
(3) that the national impact of the terrorist attacks of
September 11, 2001, contributed importantly to such total or
partial separation, or threat thereof, and to such decline in
sales or production, as determined by the Secretary.
(b) Additional Requirements.--The provisions of section 223 of the
Trade Act of 1974 shall apply to a determination and issuance of a
certification with respect to a group of workers under this title in
the same manner and to the same extent as such provisions apply to a
determination and issuance of a certification with respect to a group
of workers under the program under subchapter A of chapter 2 of title
II of such Act, to the extent determined to be appropriate by the
Secretary.
(c) Definition.--For purposes of subsection (a)(3), the term
``contributed importantly'' means a cause which is important but not
necessarily more important than any other cause.
SEC. 204. BENEFITS.
Workers covered by a certification issued by the Secretary under
section 203 shall be provided, in the same manner and to the same
extent as workers covered under a certification under the program under
subchapter A of chapter 2 of title II of the Trade Act of 1974, the
benefits described in subchapter B of chapter 2 of title II of such
Act, to the extent determined to be appropriate by the Secretary.
SEC. 205. ADMINISTRATION.
The provisions of subchapter C of chapter 2 of title II of the
Trade Act of 1974 shall apply to the administration of the program
under this title in the same manner and to the same extent as such
provisions apply to the administration of the program under subchapter
A of chapter 2 of title II of such Act, to the extent determined to be
appropriate by the Secretary.
SEC. 206. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) Terrorist attacks of september 11, 2001.--The term
``terrorist attacks of September 11, 2001'' means the following
events that occurred on September 11, 2001:
(A) The attack, using two hijacked commercial
aircraft, that was made on the towers of the World
Trade Center in New York City.
(B) The attack, using a hijacked commercial
aircraft, that was made on the Pentagon.
(C) The hijacking of a commercial aircraft and the
subsequent crash of the aircraft in the State of
Pennsylvania, in the County of Somerset.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this title $2,000,000,000
for fiscal years 2002 and 2003.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
Passed the House of Representatives December 6, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Title I: Reauthorization of Trade Adjustment Assistance Program; Related Provisions - Amends the Trade Act of 1974 to authorize appropriations to the Department of Labor through FY 2003 for: (1) trade adjustment assistance for displaced workers and for firms; and (2) the North American Free Trade Agreement (NAFTA) Transitional Adjustment Assistance Program.Increases from 104 to 130 the maximum number of weeks an adversely affected worker who requires a program of remedial education may receive trade readjustment allowances.Reduces from 60 to 40 days the time within which the Secretary of Labor must respond to petitions for certification of eligibility to apply for adjustment assistance.Expresses the sense of Congress that the Secretary, in conjunction with the States, should provide workers with more specific information about benefits, training, and other employment services, and procedures for obtaining them, under the trade adjustment assistance program.Title II: Adjustment Assistance Program for Workers Separated from Employment Due to the Terrorist Attacks of September 11, 2001 - Directs the Secretary to establish a program to provide adjustment assistance for workers separated from employment due to the terrorist attacks of September 11, 2001, in the same manner and to the same extent as assistance provided under NAFTA. Sets forth criteria governing when groups of workers may petition for a certification of eligibility to apply for such adjustment assistance, including that: (1) a significant number or proportion of workers have become separated or threatened with separation from employment; (2) sales or production have decreased absolutely; and (3) the events of September 11, 2001, contributed importantly to such separation and decline.Authorizes appropriations for FY 2002 and 2003. | {"src": "billsum_train", "title": "To reauthorize the trade adjustment assistance program under the Trade Act of 1974, and for other purposes"} | 2,277 | 350 | 0.554673 | 1.694616 | 0.682636 | 3.864516 | 6.283871 | 0.903226 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Act Amendments of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Restriction on waiver authority.
Sec. 3. Assistance to families that are not low-income.
Sec. 4. Elimination of waiver authority for small tribes.
Sec. 5. Labor standards.
Sec. 6. Environmental compliance.
Sec. 7. Oversight.
Sec. 8. Allocation formula.
Sec. 9. Hearing requirement.
Sec. 10. Performance agreement time limit.
Sec. 11. Technical and conforming amendments.
SEC 2. RESTRICTION ON WAIVER AUTHORITY.
(a) In General.--Section 101(b)(2) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(b)(2)) is
amended by striking ``if the Secretary'' and all that follows through
the period at the end and inserting the following: ``for a period of
not more than 90 days, if the Secretary determines that an Indian tribe
has not complied with, or is unable to comply with, those requirements
due to exigent circumstances beyond the control of the Indian tribe.''.
(b) Local Cooperation Agreement.--Section 101(c) of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4111(c)) is amended by adding at the end the following: ``The
Secretary may waive the requirements of this subsection and subsection
(d) if the recipient has made a good faith effort to fulfill the
requirements of this subsection and subsection (d) and agrees to make
payments in lieu of taxes to the appropriate taxing authority in an
amount consistent with the requirements of subsection (d)(2) until such
time as the matter of making such payments has been resolved in
accordance with subsection (d).''.
SEC. 3. ASSISTANCE TO FAMILIES THAT ARE NOT LOW-INCOME.
Section 102(c) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112(c)) is amended by adding at
the end the following:
``(6) Certain families.--With respect to assistance
provided by a recipient to Indian families that are not low-
income families under section 201(b)(2), evidence that there is
a need for housing for each such family during that period that
cannot reasonably be met without such assistance.''.
SEC. 4. ELIMINATION OF WAIVER AUTHORITY FOR SMALL TRIBES.
Section 102 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
SEC. 5. LABOR STANDARDS.
Section 104(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4114(b)) is amended--
(1) by striking ``Davis-Bacon Act (40 U.S.C. 276a-276a-5)''
and inserting ``Act of March 3, 1931 (commonly known as the
`Davis-Bacon Act') (46 Stat. 1494, chapter 411; 40 U.S.C. 276a
et seq.)''; and
(2) by adding at the end the following:
``(3) Application of tribal laws.--Paragraph (1) shall not
apply to any contract or agreement for assistance, sale, or
lease pursuant to this Act, if such contract or agreement is
otherwise covered by 1 or more laws or regulations adopted by
an Indian tribe that requires the payment of not less than
prevailing wages, as determined by the Indian tribe.''.
SEC. 6. ENVIRONMENTAL COMPLIANCE.
Section 105 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the
end the following:
``(d) Environmental Compliance.--The Secretary may waive the
requirements under this section if the Secretary determines that a
failure on the part of a recipient to comply with provisions of this
section--
``(1) will not frustrate the goals of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) or
any other provision of law that furthers the goals of that Act;
``(2) does not threaten the health or safety of the
community involved by posing an immediate or long-term hazard
to residents of that community;
``(3) is a result of inadvertent error, including an
incorrect or incomplete certification provided under subsection
(c)(1); and
``(4) may be corrected through the sole action of the
recipient.''.
SEC. 7. OVERSIGHT.
(a) Repayment.--Section 209 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4139) is
amended to read as follows:
``SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING REQUIREMENT.
``If a recipient uses grant amounts to provide affordable housing
under this title, and at any time during the useful life of the housing
the recipient does not comply with the requirement under section
205(a)(2), the Secretary shall take appropriate action under section
401(a).''.
(b) Audits and Reviews.--Section 405 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4165) is
amended to read as follows:
``SEC. 405. REVIEW AND AUDIT BY SECRETARY.
``(a) Requirements Under Chapter 75 of Title 31, United States
Code.--An entity designated by an Indian tribe as a housing entity
shall be treated, for purposes of chapter 75 of title 31, United States
Code, as a non-Federal entity that is subject to the audit requirements
that apply to non-Federal entities under that chapter.
``(b) Additional Reviews and Audits.--
``(1) In general.--In addition to any audit or review under
subsection (a), to the extent the Secretary determines such
action to be appropriate, the Secretary may conduct an audit or
review of a recipient in order to--
``(A) determine whether the recipient--
``(i) has carried out--
``(I) eligible activities in a
timely manner; and
``(II) eligible activities and
certification in accordance with this
Act and other applicable law;
``(ii) has a continuing capacity to carry
out eligible activities in a timely manner; and
``(iii) is in compliance with the Indian
housing plan of the recipient; and
``(B) verify the accuracy of information contained
in any performance report submitted by the recipient
under section 404.
``(2) Onsite visits.--To the extent practicable, the
reviews and audits conducted under this subsection shall
include onsite visits by the appropriate official of the
Department of Housing and Urban Development.
``(c) Review of Reports.--
``(1) In general.--The Secretary shall provide each
recipient that is the subject of a report made by the Secretary
under this section notice that the recipient may review and
comment on the report during a period of not less than 30 days
after the date on which notice is issued under this paragraph.
``(2) Public availability.--After taking into consideration
any comments of the recipient under paragraph (1), the
Secretary--
``(A) may revise the report; and
``(B) not later than 30 days after the date on
which those comments are received, shall make the
comments and the report (with any revisions made under
subparagraph (A)) readily available to the public.
``(d) Effect of Reviews.--Subject to section 401(a), after
reviewing the reports and audits relating to a recipient that are
submitted to the Secretary under this section, the Secretary may adjust
the amount of a grant made to a recipient under this Act in accordance
with the findings of the Secretary with respect to those reports and
audits.''.
SEC. 8. ALLOCATION FORMULA.
Section 302(d)(1) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4152(d)(1)) is amended--
(1) by striking ``The formula,'' and inserting the
following:
``(A) In general.--Except with respect to an Indian
tribe described in subparagraph (B), the formula''; and
(2) by adding at the end the following:
``(B) Certain indian tribes.--With respect to
fiscal year 2000 and each fiscal year thereafter, for
any Indian tribe with an Indian housing authority that
owns or operates fewer than 250 public housing units,
the formula under subparagraph (A) shall provide that
if the amount provided for a fiscal year in which the
total amount made available for assistance under this
Act is equal to or greater than the amount made
available for fiscal year 1996 for assistance for the
operation and modernization of the public housing
referred to in subparagraph (A), then the amount
provided to that Indian tribe as modernization
assistance shall be equal to the average annual amount
of funds provided to the Indian tribe (other than funds
provided as emergency assistance) under the assistance
program under section 14 of the United States Housing
Act of 1937 (42 U.S.C. 1437l) for the period beginning
with fiscal year 1992 and ending with fiscal year
1997.''.
SEC. 9. HEARING REQUIREMENT.
Section 401(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161(a)) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting each
such subparagraph 2 ems to the right;
(2) by striking ``Except as provided'' and inserting the
following:
``(1) In general.--Except as provided'';
(3) by striking ``If the Secretary takes an action under
paragraph (1), (2), or (3)'' and inserting the following:
``(2) Continuance of actions.--If the Secretary takes an
action under subparagraph (A), (B), or (C) of paragraph (1)'';
and
(4) by adding at the end the following:
``(3) Exception for certain actions.--
``(A) In general.--Notwithstanding any other
provision of this subsection, if the Secretary makes a
determination that the failure of a recipient of
assistance under this Act to comply substantially with
any material provision (as that term is defined by the
Secretary) of this Act is resulting, and would continue
to result, in a continuing expenditure of Federal funds
in a manner that is not authorized by law, the
Secretary may take an action described in paragraph
(1)(C) before conducting a hearing.
``(B) Procedural requirement.--If the Secretary
takes an action described in subparagraph (A), the
Secretary shall--
``(i) provide notice to the recipient at
the time that the Secretary takes that action;
and
``(ii) conduct a hearing not later than 60
days after the date on which the Secretary
provides notice under clause (i).
``(C) Determination.--Upon completion of a hearing
under this paragraph, the Secretary shall make a
determination regarding whether to continue taking the
action that is the subject of the hearing, or take
another action under this subsection.''.
SEC. 10. PERFORMANCE AGREEMENT TIME LIMIT.
Section 401(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161(b)) is amended--
(1) by striking ``If the Secretary'' and inserting the
following:
``(1) In general.--If the Secretary'';
(2) by striking ``(1) is not'' and inserting the following:
``(A) is not'';
(3) by striking ``(2) is a result'' and inserting the
following:
``(B) is a result'';
(4) in the flush material following paragraph (1)(B), as
redesignated by paragraph (3) of this section--
(A) by adjusting the margin 2 ems to the right; and
(B) by inserting before the period at the end the
following: ``, if the recipient enters into a
performance agreement with the Secretary that specifies
the compliance objectives that the recipient will be
required to achieve by the termination date of the
performance agreement''; and
(5) by adding at the end the following:
``(2) Performance agreement.--The period of a performance
agreement described in paragraph (1) shall be for 1 year.
``(3) Review.--Upon the termination of a performance
agreement entered into under paragraph (1), the Secretary shall
review the performance of the recipient that is a party to the
agreement.
``(4) Effect of review.--If, on the basis of a review under
paragraph (3), the Secretary determines that the recipient--
``(A) has made a good faith effort to meet the
compliance objectives specified in the agreement, the
Secretary may enter into an additional performance
agreement for the period specified in paragraph (2);
and
``(B) has failed to make a good faith effort to
meet applicable compliance objectives, the Secretary
shall determine the recipient to have failed to comply
substantially with this Act, and the recipient shall be
subject to an action under subsection (a).''.
SEC. 11. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Contents.--Section 1(b) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 note) is
amended in the table of contents--
(1) by striking the item relating to section 206; and
(2) by striking the item relating to section 209 and
inserting the following:
``209. Noncompliance with affordable housing requirement.''.
(b) Certification of Compliance With Subsidy Layering
Requirements.--Section 206 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4136) is repealed.
(c) Terminations.--Section 502(a) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181(a)) is
amended by adding at the end the following: ``Any housing that is the
subject of a contract for tenant-based assistance between the Secretary
and an Indian housing authority that is terminated under this section
shall, for the following fiscal year and each fiscal year thereafter,
be considered to be a dwelling unit under section 302(b)(1).''.
Passed the Senate February 28, 2000.
Attest:
GARY SISCO,
Secretary. | (Sec. 11) Amends NAHASDA to repeal the requirement regarding the certification of compliance with subsidy layering requirements with respect to housing assisted with grant amounts provided under the Act. | {"src": "billsum_train", "title": "Native American Housing Assistance and Self-Determination Act Amendments of 2000"} | 3,410 | 43 | 0.441802 | 1.17623 | 0.352106 | 2.333333 | 92.636364 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better Oil Spill Response Plan Act
of 2010''.
SEC. 2. WORST CASE DISCHARGES.
Section 311(d) of the Federal Water Pollution Control Act (33
U.S.C. 1321(d)) is amended by adding at the end the following:
``(5) Worst case discharges.--Not later than 180 days after
the date of enactment of this paragraph, and every 5 years
thereafter, the President shall publish and provide to each
Area Committee established under subsection (j)(4) an estimate
of the worst case discharges, including subsurface discharges,
that are possible in each area described in an Area Contingency
Plan under subsection (j)(4)(C)(ii), based on the oil and gas
exploration, development, and production activities that are
being conducted or are planned to be conducted at various
locations and depths in each area.''.
SEC. 3. REVISION OF NATIONAL CONTINGENCY PLAN.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the President shall revise the National
Contingency Plan prepared under section 311(d) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(d)) and, as necessary, the
regulations required under section 311(j) of such Act (33 U.S.C.
1321(j)). Such revisions shall take into account the following:
(1) The adequacy of the National Contingency Plan in place
at the time of the explosion involving the mobile offshore
drilling unit Deepwater Horizon to respond to the volume,
source, and duration of the discharge caused by that explosion.
(2) Any findings and options related to the National
Contingency Plan made by the National Commission on the BP
Deepwater Horizon Oil Spill and Offshore Drilling established
by the President by Executive Order 13543 (75 Fed. Reg. 29397).
(3) The estimate of the worst case discharges published
under section 311(d)(5) of such Act (as added by section 2 of
this Act).
(b) Revisions and Amendments.--Section 311(d)(3) of such Act (33
U.S.C. 1321(d)(3)) is amended to read as follows:
``(3) Revisions and amendments.--The President--
``(A) shall revise or otherwise amend the National
Contingency Plan whenever the estimate of the worst
case discharges published under paragraph (5)
materially changes; and
``(B) may, as the President deems advisable, revise
or otherwise amend the National Contingency Plan at any
time.''.
SEC. 4. REVISION OF AREA CONTINENCY PLANS.
(a) Updating of Worst Case Discharge.--Section 311(j)(4)(C)(i) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)(C)(i)) is
amended to read as follows:
``(i) when implemented in conjunction with
the National Contingency Plan, be adequate to
mitigate or remove a worst case discharge, as
estimated under subsection (d)(5), and to
mitigate or prevent a substantial threat of
such a discharge, from a vessel, offshore
facility, or onshore facility operating in or
near the area;''.
(b) Area Contingency Plan Revision.--Not later than 18 months after
the date of enactment of this Act, each Area Committee shall revise its
Area Contingency Plan established under section 311(j) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(j)) and submit such
revisions to the President for review. Such revisions shall take into
account:
(1) The adequacy of the Area Contingency Plan in place at
the time of the explosion involving the mobile offshore
drilling unit Deepwater Horizon to respond to the volume,
source, and duration of the discharge caused by that explosion.
(2) Revisions made to the National Contingency Plan
pursuant to section 3 of this Act.
(3) Any findings and options related to the National
Contingency Plan made by the National Commission on the BP
Deepwater Horizon Oil Spill and Offshore Drilling established
by the President by Executive Order 13543 (75 Fed. Reg. 29397).
(4) The estimate of the worst case discharges provided to
the Area Committee by the President under section 311(d)(5) of
such Act (as added by section 2 of this Act).
(c) Presidential Review.--Not later than 180 days after the date on
which an Area Contingency Plan is submitted to the President under
subsection (b), the President shall--
(1) review the plan;
(2) require amendments to the plan if the plan does not
meet the requirements of section 311(j)(4) of such Act (33
U.S.C. 1321(j)(4)); and
(3) approve the plan if the plan meets the requirements of
that section.
(d) Consistency With National Contingency Plan Dispersant
Schedule.--Section 311(j)(4)(C)(iv) of such Act (33 U.S.C.
1321(j)(4)(C)(iv)) is amended by inserting after ``dispersants or other
mitigating substances and devices'' the following: ``(consistent with
the schedule prepared under subsection (d)(2)(G))''.
(e) Periodic Revision of Area Contingency Plan.--Section
311(j)(4)(C)(viii) of such Act (33 U.S.C. 1321(j)(4)(C)(viii)) is
amended to read as follows:
``(viii) be updated periodically by the
Area Committee, including at any time that the
estimate of the worst case discharges published
under section 311(d)(5) is materially changed
for the area or the National Contingency Plan
is materially revised.''.
SEC. 5. TANK VESSEL, NONTANK VESSEL, AND FACILITY RESPONSE PLANS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the President shall revise the regulations
issued under section 311(j)(5) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(j)(5)) to ensure that each response plan required
under that section--
(1) is based on a realistic assessment of worst case
discharge scenarios, drawing from the estimate of the worst
case discharges provided under section 311(d)(5) of such Act
(as added by section 2 of this Act), for each tank vessel,
nontank vessel, or facility, including a deep subsurface
wellhead discharge associated with such tank vessel, nontank
vessel, or facility;
(2) is based on an accurate assessment of the physical and
ecological characteristics of the area in which the vessel,
nontank vessel, or facility is operating, drawing from the
portion of the Area Contingency Plan prepared under section
311(j)(4)(C)(ii) of such Act (33 U.S.C. 1321(j)(4)(C)(ii)) that
describes the area;
(3) includes a demonstration and supporting certification
by the owner or operator of a tank vessel, nontank vessel, or
facility of such owner's or operator's capacity to fully
implement the plan; and
(4) meets such other requirements as the President may
prescribe.
(b) Approval of Response Plan Required.--
(1) In general.--Section 311(j)(5) of such Act (33 U.S.C.
1321(j)(5)) is amended--
(A) by striking subparagraph (G); and
(B) by redesignating subparagraphs (H) and (I) as
subparagraphs (G) and (H), respectively.
(2) Applicability.--The amendment made under paragraph
(1)(A) shall not be construed to affect any waiver issued under
section 311(j)(5)(G) of such Act (33 U.S.C. 1321(j)(5)(G))
before the date of enactment of this Act.
(c) Capacity To Implement Response Plans.--Section 311(j)(6) of
such Act (33 U.S.C. 1321(j)(6)) is amended to read as follows:
``(6) Capacity to implement response plans.--
``(A) Equipment requirements and inspection.--The
President may require--
``(i) periodic inspection of containment
booms, skimmers, vessels, and other major
equipment used to mitigate or remove
discharges; and
``(ii) vessels operating on navigable
waters and carrying oil or a hazardous
substance in bulk as cargo, and nontank vessels
carrying oil of any kind as fuel for main
propulsion, to carry appropriate removal
equipment that employs the best technology
economically feasible and that is compatible
with the safe operation of the vessel.
``(B) Demonstration of capacity to respond.--The
President shall require the owner or operator of a
vessel or facility required to submit a response plan
under this subsection to demonstrate, not less
frequently than once each year, that such owner or
operator has the capacity, including the necessary
equipment, personnel, or logistical capacity, to
implement the response plan.
``(C) Effect of failure to demonstrate capacity to
respond.--If the President determines that an owner or
operator of a vessel or facility has failed to
demonstrate the capacity to implement the response
plan, and such owner or operator does not remedy such
failure within such reasonable time period as the
President may prescribe, the President shall revoke the
approval of the response plan required under paragraph
(5).
``(D) Regulations.--Not later than 180 days after
the date of enactment of the Better Oil Spill Response
Plan Act of 2010, the President shall issue regulations
to implement subparagraphs (B) and (C).''.
SEC. 6. SAFE DISPERSANTS.
(a) Approval of Dispersants, Other Chemicals, and Other Spill
Mitigating Devices and Substances.--Section 311(d)(2)(G) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(d)(2)(G)) is amended to
read as follows:
``(G) A schedule, prepared in cooperation with the
States, identifying--
``(i) dispersants, other chemicals, and
other spill mitigating devices and substances,
if any, that may be used in carrying out the
Plan, using criteria for the evaluation of
safety and efficacy of the dispersants, other
chemicals, and other spill mitigating devices
and substances, ensuring that--
``(I) in selecting dispersants,
other chemicals, and other spill
mitigating substances to place on the
schedule, the President shall require a
manufacturer of a dispersant, other
chemical, or other spill mitigating
substance to submit data on such
dispersant, other chemical, or other
spill mitigating substance, prepared by
a laboratory approved by the President,
regarding--
``(aa) efficacy on
particular types of oil;
``(bb) safety for known and
reasonably anticipated uses;
``(cc) the chronic effects
of sustained use on marine,
coastal, estuarine, and
freshwater environments;
``(dd) the effects on
selected aquatic species that
represent life at various ocean
depths, including effects on
benthic-dwelling organisms and
coral reefs;
``(ee) the effects on
marine life resulting from
subsurface application;
``(ff) the effects on early
life stages of aquatic
organisms, including eggs and
larvae;
``(gg) a list of all
constituent ingredients; and
``(hh) material safety data
sheets that describe the
potential acute health impacts
on humans who are involved in
application activities and who
may reasonably be exposed
during such activities;
``(II) in selecting dispersants,
other chemicals, and other spill
mitigating substances to place on the
schedule, the President may place
restrictions on the authorized
quantities and conditions of use of any
such dispersant, other chemical, or
other spill mitigating substance;
``(ii) the waters in which such
dispersants, other chemicals, and other spill
mitigating devices and substances may be used
safely; and
``(iii) the quantities of such dispersants,
other chemicals, or other spill mitigating
devices and substances which can be used safely
in such waters, which schedule shall provide in
the case of any dispersant, other chemical,
other spill mitigating device or substance, or
waters not specifically identified in such
schedule that the President, or his designee,
may, on a case-by-case basis, identify the
dispersants, other chemicals, and other spill
mitigating devices and substances which may be
used, the waters in which they may be used, and
the quantities in which they can be used safely
in such waters.''.
(b) Disclosure of Chemical Constituents.--The President shall not
place a dispersant, other chemical, or other spill mitigating substance
on the schedule prepared under section 311(d)(2)(G) of such Act (33
U.S.C. 1321(d)(2)(G)) unless the President receives assurances
satisfactory to the President that the manufacturer of such dispersant,
other chemical, or other spill mitigating substance will publicly
disclose, upon a declaration that a discharge is classified as a spill
of national significance, the constituent ingredients of such
dispersant, other chemical, or other spill mitigating substance that
will be used to carry out a National Contingency Plan, Area Contingency
Plan, or response plan for a tank vessel, nontank vessel, or facility
in response to such discharge.
SEC. 7. ENFORCEMENT OF OIL SPILL RESPONSE PLANS FOR OFFSHORE
FACILITIES.
Section 5(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1334(5)(a)) is amended as follows:
(1) In paragraph (7) by striking ``; and'' and inserting a
semicolon.
(2) In paragraph (8) by striking the period and inserting
``; and''.
(3) By adding at the end the following:
``(9) requiring compliance with the response plan
requirements of section 311(j) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)).''. | Better Oil Spill Response Plan Act of 2010 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the President, every five years, to publish and provide to each Area Committee an estimate of the worst case discharges that are possible in each area described in an Area Contingency Plan based on the oil and gas exploration, development, and production activities that are planned or being conducted at various locations and depths in each area.
Requires the President to revise the National Contingency Plan and the regulations concerning the National Response System to take into account: (1) the adequacy of the Plan to respond to the volume, source, and duration of the discharge caused by the explosion involving the mobile offshore drilling unit Deepwater Horizon; (2) any findings and options related to the Plan made by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling; and (3) the estimate of the worst case discharges. Requires the President to revise the Plan whenever the estimate of the worst case discharges materially changes.
Requires Area Contingency Plans to be adequate to mitigate or remove (currently, to remove) a worst case discharge. Sets forth provisions concerning revision and presidential review of: (1) Area Contingency Plans; and (2) tank vessel, nontank vessel, and facility response plans to discharges of oil or hazardous substances.
Repeals provisions authorizing the President to permit a vessel or facility to operate without an approved response plan if the owner or operator certifies the availability of private personnel and equipment to respond to a worst case discharge or substantial threat of such a discharge. Directs the President to require owners or operators of vessels or facilities that are required to submit response plans to demonstrate annually their capacity to implement such plans.
Requires a dispersant schedule prepared under the National Contingency Plan to include specified information regarding the safety and efficacy of the dispersants, other chemicals, and other spill mitigating devices and substances. Prohibits the President from placing such a substance on such schedule unless the President receives satisfactory assurances that the manufacturer will publicly disclose the ingredients of any such substance that will be used to carry out a National Contingency Plan, Area Contingency Plan, or vessel or facility response plan in response to a discharge declared to be a spill of national significance.
Amends the Outer Continental Shelf Lands Act to require compliance with the Clean Water Act's response plan requirements. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act and the Outer Continental Shelf Lands Act to improve oil spill response plans, and for other purposes."} | 3,279 | 542 | 0.685133 | 2.363324 | 0.674605 | 4.220779 | 5.919913 | 0.917749 |
on the Budget or BBEDCA; or (3)
designated as being for disaster relief pursuant to section
251(b)(2)(D) of BBEDCA.
Sec. 560. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time equivalent
employee positions or costs more than $5,000,000 in a single year
before the end of the 30-day period beginning on the date on which the
Secretary of Homeland Security submits to Congress a notification that
includes--
(1) the number of full-time equivalent employee positions
affected by such change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 561. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the
Committees on Appropriations of the Senate and the House of
Representatives in this Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days except as otherwise
specified in law.
Sec. 562. Of amounts transferred to the Disaster Assistance Direct
Loan Program pursuant to the Community Disaster Loan Act of 2005
(Public Law 109-88), $27,338,101 are hereby rescinded: Provided, That
no amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 563. The Administrator of the Federal Emergency Management
Agency shall transfer $56,872,752 in unobligated balances made
available for the appropriations account for ``Federal Emergency
Management Agency, Disaster Assistance Direct Loan Program Account'' by
section 4502 of Public Law 110-28 to the appropriations account for
``Federal Emergency Management Agency, Disaster Relief Fund'':
Provided, That amounts transferred to such account under this section
shall be available for any authorized purpose of such account:
Provided further, That amounts transferred pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and shall be transferred only if the President
subsequently so designates the entire transfer and transmits such
designation to the Congress.
Sec. 564. None of the funds made available by this Act may be
obligated or expended to sustain domestic prosecutions based on any
charge related to the Arms Trade Treaty, or to implement the Treaty,
until the Senate approves a resolution of ratification for the Treaty
and the Senate and the House of Representatives adopt implementing
legislation for the Treaty.
Sec. 565. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177):
(1) $7,324,000 from unobligated prior year balances from
``Analysis and Operations'' from the Office of Intelligence and
Analysis;
(2) $7,000,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Automation
Modernization'';
(3) $21,856,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Border Security, Fencing,
Infrastructure, and Technology'';
(4) $12,000,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Air and Marine
Operations'';
(5) $4,500,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Construction and
Facilities Management''; and
(6) $13,758,918 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund'' account 70 x 0716;
(7) $5,800,000 from Public Law 112-74 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(8) $16,445,000 from Public Law 113-76 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(9) $28,000,000 from Public Law 114-4 under the heading
``Transportation Security Administration, Aviation Security'';
(10) $5,000,000 from unobligated prior year balances from
``Transportation Security Administration, Surface
Transportation'';
(11) $393,000 from Public Law 113-6 under the heading
``Science and Technology, Research, Development, Acquisition,
and Operations'';
(12) $8,500,000 from Public Law 113-76 under the heading
``Science and Technology, Research, Development, Acquisition,
and Operations''; and
(13) $1,107,000 from Public Law 114-4 under the heading
``Science and Technology, Research, Development, Acquisition,
and Operations''.
Sec. 566. From the unobligated balances made available in the
Department of the Treasury Forfeiture Fund established by section 9703
of title 31, United States Code, (added by section 638 of Public Law
102-393), $175,000,000 shall be rescinded.
visa waiver program country designation for poland
Sec. 567. Notwithstanding any provision of section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), the Secretary of
Homeland Security may designate Poland as a program country under the
visa waiver program established by that section.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2016''. | An Act Making Appropriations for Law Enforcement and for Other Purposes, 2016 Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016 Provides FY2016 appropriations to: the Department of Commerce; the Department of Justice (DOJ); science agencies, including the National Aeronautics and Space Administration (NASA) and the National Science Foundation (NSF); the Department of Homeland Security (DHS); and several related agencies. Department of Commerce Appropriations Act, 2016 Provides appropriations to the Department of Commerce for the International Trade Administration, the Office of the U.S. Trade Representative, the Bureau of Industry and Security, the Economic Development Administration, the Minority Business Development Agency, Economic and Statistical Analysis, the Bureau of the Census, the National Telecommunications and Information Administration, the U.S Patent and Trademark Office, the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, and Departmental Management. Department of Justice Appropriations Act, 2016 Provides appropriations to DOJ for: General Administration; the U.S. Parole Commission; Legal Activities; the U.S. Marshals Service; the National Security Division; Interagency Law Enforcement; the Federal Bureau of Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Federal Prison System. Provides appropriations to DOJ for State and Local Law Enforcement Activities, including the Office on Violence Against Women, the Office of Justice Programs, and Community Oriented Policing Services (COPS). Science Appropriations Act, 2016 Provides appropriations to the Office of Science and Technology Policy, NASA, and the NSF. Provides appropriations to related agencies, including the Commission on Civil Rights, the Equal Employment Opportunity Commission, the U.S. International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, and the State Justice Institute. Department of Homeland Security Appropriations Act, 2016 Provides FY2016 appropriations to the Department of Homeland Security (DHS). Provides appropriations for Departmental Management and Operations for the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, the Office of the Chief Financial Officer, the Office of the Chief Information Officer, Analysis and Operations, and the Office of Inspector General. Provides appropriations for Security, Enforcement, and Investigations for the U.S. Customs and Border Protection, the U.S. Immigration and Customs Enforcement, the Transportation Security Administration, the U.S. Coast Guard, and the U.S. Secret Service. Provides appropriations for Protection, Preparedness, Response, and Recovery for the National Protection and Programs Directorate, the Office of Health Affairs, and the Federal Emergency Management Agency. Provides appropriations for Research, Development, Training, and Services for the U.S. Citizen and Immigration Services, the Federal Law Enforcement Training Center, Science and Technology, and the Domestic Nuclear Detection Office. Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts. | {"src": "billsum_train", "title": "An Act Making Appropriations for Law Enforcement and for Other Purposes, 2016"} | 1,418 | 680 | 0.370252 | 1.148521 | 0.576802 | 1.460289 | 2.337545 | 0.731047 |
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