text
stringlengths 0
479k
| summary
stringlengths 1
35.4k
| provenance
stringlengths 41
999
| t5_text_token_count
int64 1
124k
| t5_summary_token_count
int64 2
10.2k
| contriever_cos
float64 0.03
1
| contriever_dot
float64 0.1
4.89
| reward
float64 -2.28
2.43
| density
float64 0
1.15k
| compression
float64 0
16.3k
| coverage
float64 0
1
|
|---|---|---|---|---|---|---|---|---|---|---|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing and Employment Opportunities
Reform Act''.
SEC. 2. AMENDMENTS.
Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (g), (h) and (i), respectively;
(2) in subsection (g), as so redesignated, by inserting
after paragraph (2) the following new paragraph:
``(3) One-stop delivery system.--The term `one-stop
delivery system' has the meaning given that term in section
134(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(c)).''; and
(3) by inserting after subsection (d) the following new
subsections:
``(e) Requirement for Hiring of New Employees.--
``(1) Thirty percent requirement.--It shall be a condition
of any contract awarded by a public or Indian housing agency
for work to be performed in connection with development
assistance provided from the Capital Fund under section 9(d) of
the United States Housing Act of 1937, or from the Operating
Fund under section 9(e) of such Act, that, except as provided
in paragraph 2(B), a minimum of 30 percent of all new employees
hired by a contractor for work in connection with such contract
will be low- or very low-income persons.
``(2) Compliance.--As a condition of any contract awarded
for the work described in paragraph (1), any contractor awarded
such a contract shall--
``(A)(i) immediately before beginning work under
such contract, submit evidence to the satisfaction of
the public or Indian housing agency showing that a
minimum of 30 percent of all new employees hired for
work in connection with such contract are low- or very
low-income persons; and
``(ii) submit evidence to the satisfaction of the
public or Indian housing agency showing that a minimum
of 30 percent of all subsequently hired new employees
hired for work in connection with such contract are
low- or very low-income persons; or
``(B) if such contractor cannot meet the
requirement imposed by paragraph (1)--
``(i) submit evidence to the satisfaction
of the public or Indian housing agency showing
that such contractor has given notice of such
contract to the one-stop delivery system for
the area which the housing subject to the
contract is located, including the particular
skills and qualifications needed by potential
new employees for work under such contract; and
``(ii) provide to the public or Indian
housing agency evidence, as the Secretary shall
by regulation require, sufficient to show that
no newly hired employees who are not low- or
very low-income persons are performing work in
place of skilled low- or very low-income
persons who were provided by either the public
or Indian housing agency or by the one-stop
delivery system.
``(3) Training.--Any contractor awarded a contract for the
work described in paragraph (1) may not provide on-the-job
training to any new employee for work under such contract
unless such new employee is a low- or very low-income person.
``(f) Recruitment, Referral, and Training Requirements.--Public and
Indian housing agencies shall--
``(1) maintain a registry of eligible low- and very low-
income persons who reside in the public housing which is the
site of a contract referred to in this section;
``(2) provide to any contractor awarded such a contract
names and applications from appropriately skilled low- and very
low-income persons;
``(3) refer any low- or very low-income persons seeking
qualifying skills to the one-stop delivery system for the area
in which the housing subject to a contract is located;
``(4) consult with contractors to ensure that appropriately
skilled low- and very low-income persons are not passed over in
hiring; and
``(5) provide to the one-stop delivery system for the area
in which the housing subject to a contract is located a
detailed description of the work to be done on all projects for
which it is accepting, or will be accepting, bids so that
eligible low- and very low-income persons may be appropriately
trained.''. | Housing and Employment Opportunities Reform Act - Amends the Housing and Urban Development Act of 1968 to require that: (1) at least 30 percent of new employees hired by contractors performing services for assisted housing public or Indian housing agencies be low- or very low-income people; and (2) such agencies maintain a registry of eligible employees. | {"src": "billsum_train", "title": "To amend section 3 of the Housing and Urban Development Act of 1968 to ensure improved access to employment opportunities for low-income people."} | 923 | 67 | 0.544622 | 1.397456 | 1.160148 | 3.523077 | 14.076923 | 0.907692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Goods Movement Act for the
21st Century''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commercial cargo.--The term ``commercial cargo''--
(A) means--
(i) any cargo transported on a commercial
vessel, including passengers transported for
compensation or hire; and
(ii) international maritime cargo; and
(B) does not include--
(i) bunker fuel, ship's stores, sea stores,
or the legitimate equipment necessary to the
operation of a vessel; or
(ii) fish or other aquatic animal life
caught and not previously landed on shore.
(2) Commercial vessel.--The term ``commercial vessel''--
(A) means any vessel used--
(i) in transporting cargo by water for
compensation or hire; or
(ii) in transporting cargo by water in the
business of the owner, lessee, or operator of
the vessel; and
(B) does not include any ferry engaged primarily in
the ferrying of passengers (including their vehicles)
between points within the United States, or between the
United States and contiguous countries.
(3) Ferry.--The term ``ferry'' means any vessel which
arrives in the United States on a regular schedule during its
operating season at intervals of at least once each business
day.
(4) International maritime cargo.--The term ``international
maritime cargo'' means any cargo moved by ship that is imported
directly into the United States from a point outside the United
States, including--
(A) cargo that arrives in the United States by
ship; or
(B) cargo that is unloaded in an intermediate
country and arrives in the United States by another
form of transit without being altered in any manner in
the intermediate country.
(5) Low-use port.--The term ``low-use port'' means a port
at which not more than 1,000,000 tons of cargo is transported
each calendar year.
(6) Point of entry.--The term ``point of entry'' means a
place where commercial cargo enters the United States.
(7) Port.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), or otherwise specifically
provided in this Act, the term ``port'' means any
channel or harbor (or component thereof) in the United
States, which--
(i) is not an inland waterway; and
(ii) is open to public navigation.
(B) Exception for certain facilities.--The term
``port'' does not include any channel or harbor with
respect to which no Federal funds have been used since
1977 for construction, maintenance, or operation, or
which was deauthorized by Federal law before 2013.
(C) Special rule for the columbia river.--The term
``port'' shall include the channels of the Columbia
River in the States of Oregon and Washington only up to
the downstream side of the Bonneville Lock and Dam.
(8) Super donor port.--
(A) In general.--The term ``super donor port''
means a port for which average expenditures in the 5
previous fiscal years--
(i) for fiscal years beginning prior to the
date of the enactment of this Act, from the
Harbor Maintenance Trust Fund pursuant to
section 9505(c)(1) of the Internal Revenue Code
of 1986 (relating to expenditures from the
Harbor Maintenance Trust Fund) are less than 10
percent of the total average amount of harbor
maintenance taxes collected through landings at
such port in such fiscal years; or
(ii) for fiscal years beginning after such
date of enactment, from the amounts collected
for the Maritime Goods Movement User Fee are
less than 10 percent of the total average
amount of such Fees collected through landings
at such port.
(B) Included expenditures.--The amount of
expenditures under subparagraph (A) shall only include
expenditures made at such a port in the immediate
harbor area containing docks and other facilities
utilized for the loading and unloading of foreign
waterborne commerce and in any navigational channels in
the United States that are necessary for the
transportation of such foreign waterborne commerce
between such immediate harbor areas and foreign ports.
(9) Value.--The term ``value'' means--
(A) with respect to domestic commercial cargo, the
value as determined by standard commercial
documentation;
(B) with respect to imported commercial cargo, the
appraised value for duty as determined under section
402 of the Tariff Act of 1930 (19 U.S.C. 1401a); or
(C) with respect to the transportation of
passengers for hire, the actual charge paid for such
service or the prevailing charge for comparable service
if no actual charge is paid.
SEC. 3. ESTABLISHMENT OF MARITIME GOODS MOVEMENT USER FEE.
(a) Establishment of Fee.--
(1) In general.--Except as otherwise provided in this
section, there is imposed a Maritime Goods Movement User Fee on
all commercial cargo--
(A) unloaded from or loaded on a commercial vessel
at a port; or
(B) that enters the United States at a point of
entry.
(2) Effective date.--The Maritime Goods Movement User Fee
shall be imposed on commercial cargo under paragraph (1)
beginning on October 1 of the first fiscal year beginning after
the date of the enactment of this Act.
(b) Fee Amount.--The amount of the Maritime Goods Movement User Fee
shall be an amount equal to 0.125 percent of the value of the
commercial cargo.
(c) Collection of Fee.--The Maritime Goods Movement User Fee shall
be collected by U.S. Customs and Border Protection.
(d) Time of Imposition of Fee.--The Maritime Goods Movement User
Fee shall be imposed on commercial cargo at the time--
(1) the commercial cargo is unloaded from or loaded on a
commercial vessel at a port in the United States; or
(2) the commercial cargo enters the United States at a
point of entry.
(e) Inapplicability to Cargo.--No Maritime Goods Movement User Fee
shall be imposed under this section on any export of the United States.
(f) Coordination of Fee Where Transportation Subject to Tax Imposed
Under 4042 of the Internal Revenue Code.--No Maritime Goods Movement
User Fee shall be imposed under this section with respect to the
loading or unloading of any cargo on or from a vessel if any fuel of
such vessel has been (or will be) subject to the tax imposed by section
4042 of the Internal Revenue Code of 1986 (relating to tax on fuels
used in commercial transportation on inland waterways).
(g) Special Rule for Alaska, Hawaii, and Possessions.--
(1) In general.--No Maritime Goods Movement User Fee shall
be imposed on--
(A) cargo loaded on a vessel in a port in the
United States mainland for transportation to Alaska,
Hawaii, or any possession of the United States for
ultimate use or consumption in Alaska, Hawaii, or any
possession of the United States;
(B) cargo loaded on a vessel in Alaska, Hawaii, or
any possession of the United States for transportation
to the United States mainland, Alaska, Hawaii, or such
a possession for ultimate use or consumption in the
United States mainland, Alaska, Hawaii, or such a
possession;
(C) the unloading of cargo described in
subparagraph (A) or (B) in Alaska, Hawaii, or any
possession of the United States, or in the United
States mainland, respectively; or
(D) cargo loaded on a vessel in Alaska, Hawaii, or
a possession of the United States and unloaded in the
State or possession in which loaded, or passengers
transported on United States flag vessels operating
solely within the State waters of Alaska or Hawaii and
adjacent international waters.
(2) Cargo.--For purposes of this subsection, the term
``cargo'' does not include crude oil with respect to Alaska.
(3) United states mainland.--For purposes of this section,
the term ``United States mainland'' means the continental
United States (not including Alaska).
(h) Special Rules.--Except as provided by regulations:
(1) Fee imposed only once.--The Maritime Goods Movement
User Fee shall be imposed on the same commercial cargo only 1
time.
(2) Exception for intraport movements.--Under regulations,
no Maritime Goods Movement User Fee shall be imposed on the
mere movement of commercial cargo within a port.
(3) Relay cargo.--Only 1 Maritime Goods Movement User Fee
shall be imposed on cargo (moving under a single bill of
lading) which is unloaded from one vessel and loaded onto
another vessel at any port in the United States for relay to or
from any port in Alaska, Hawaii, or any possession of the
United States. For purposes of this paragraph, the term
``cargo'' does not include any item not treated as cargo under
subsection (g)(2).
(i) Exemption for United States.--No Maritime Goods Movement User
Fee shall be imposed on the United States or any agency or
instrumentality thereof.
(j) Exemption for Humanitarian and Development Assistance Cargos.--
No Maritime Goods Movement User Fee shall be imposed on any nonprofit
organization or cooperative for cargo which is owned or financed by
such nonprofit organization or cooperative and which is certified by
the U.S. Customs and Border Protection as intended for use in
humanitarian or development assistance overseas.
(k) Limitation on Collection of Fee.--No fee may be collected under
this section except to the extent that the expenditure of the fee to
pay the costs of activities and services for which the fee is imposed
is provided for in advance in an appropriations Act.
(l) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, United States Code, any fee collected under
this section--
(1) shall be credited as offsetting collections to the
accounts that finance the activities and services detailed in
section 4;
(2) shall be available for expenditure only to pay the
costs of activities and services detailed in section 4; and
(3) shall remain available until expended.
SEC. 4. EXPENDITURES OF MARITIME GOODS MOVEMENT USER FEE.
(a) Administrative Costs.--Up to $10,000,000 of the amount of the
Maritime Goods Movement User Fees collected during any fiscal year
shall be used for payment of expenses of administration incurred by the
Department of Homeland Security, the Army Corps of Engineers, and the
Department of Transportation.
(b) Other Expenditures.--The amounts of the Maritime Goods Movement
User Fees collected for a fiscal year that are not used for
administration under subsection (a) shall be allocated as follows:
(1) Harbor maintenance programs.--For the first 5 fiscal
years beginning after the date of the enactment of this Act, 95
percent, and for each fiscal year thereafter 80 percent, of
such amounts shall be available to pay up to 100 percent of the
eligible operations and maintenance costs assigned to
commercial navigation of all harbors and inland harbors within
the United States, as authorized by section 210(a)(2) of the
Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)),
including the Federal share of the cost of--
(A) maintenance of Federal navigation projects to
their authorized depths and widths;
(B) disposal of maintenance dredged material;
(C) construction and maintenance of dredged
material placement facilities;
(D) projects or activities for the beneficial use
of dredged material or sand mitigation;
(E) jetties, breakwaters, bridges, and other
navigation structures; and
(F) related studies and surveys.
(2) Low-use ports.--Of the amounts made available each
fiscal year for harbor maintenance programs under paragraph
(1), up to 8 percent shall be allocated for low-use ports.
Special emphasis shall be placed on low-use ports where there
is a Coast Guard presence and low-use ports which the Coast
Guard determines to be restricted navigation areas or harbors
of refuge.
(3) Competitive grant program for goods movement.--
(A) Super donor ports.--For each fiscal year
beginning with the sixth fiscal year beginning after
the date of the enactment of this Act, 15 percent of
the amounts of the Maritime Goods Movement User Fee not
used for administration under subsection (a), shall be
allocated to super donor ports to carry out projects or
activities described in paragraphs (1), (2), and (3) of
section 5(e).
(B) Other uses.--For each fiscal year beginning
after the date of the enactment of this Act, 5 percent
of the amounts of the Maritime Goods Movement User Fee
not used for administration under subsection (a) shall
be allocated to carry out projects or activities
described in paragraphs (4), (5), and (6) of subsection
5(e).
SEC. 5. COMPETITIVE GRANT PROGRAM FOR GOODS MOVEMENT.
(a) Establishment of Grant Program.--There is established a
Competitive Grant Program for Goods Movement to be administered by the
Secretary of Transportation in consultation with the Assistant
Secretary of the Army for Civil Works.
(b) Purpose.--The purpose of the Competitive Grant Program for
Goods Movement is to provide financial assistance for capital
investments that improve the efficiency of the transportation system of
the United States to move international maritime cargo.
(c) Project Eligibility.--
(1) Minimum number of grantees.--For each fiscal year,
there shall be no less than--
(A) 3 grantees that are super donor ports; and
(B) 3 grantees that are eligible entities under
subsection (d).
(2) Cost-share.--The Federal cost share of a project
awarded a grant under this section shall be no more than 50
percent of the total cost.
(d) Eligible Entity.--A grant under this section may only be
awarded to a State or local government entity, including a port
authority.
(e) Eligible Projects.--A grant awarded under this section may be
used for the following:
(1) Any in-water improvement in the navigable waters in or
near such port that the Secretary of the Army is authorized to
make, including environmental remediation and habitat
mitigation if certified by the Assistant Secretary to improve
the movement of international maritime cargo.
(2) Any in water improvement in berthing areas in such port
pursuant to a channel widening or deepening project.
(3) Maintenance of berthing areas adjacent to navigational
channels in such port.
(4) Improvements to an intermodal corridor facility project
to benefit international maritime cargo as certified by the
Secretary of Transportation or designee, in consultation with
the Assistant Secretary of the Army for Civil Works or
designee.
(5) Improvements to a land port of entry project to benefit
international maritime cargo as certified by the Secretary of
Transportation or designee, in consultation with the Assistant
Secretary of the Army for Civil Works or designee.
(6) A project that improves access to a port or intermodal
terminal facility to benefit international maritime cargo as
certified by the Secretary of Transportation or designee, in
consultation with the Assistant Secretary of the Army for Civil
Works or designee.
SEC. 6. REPEAL OF HARBOR MAINTENANCE TAX.
(a) In General.--Subchapter A of chapter 36 of the Internal Revenue
Code of 1986 is repealed.
(b) Conforming Amendment.--The table of subchapters for chapter 36
of the Internal Revenue Code of 1986 is amended by striking the item
relating to subchapter A.
(c) Effective Date.--The amendments made by this section shall
apply to port uses (as defined in section 4462 of such Code, as in
effect on the day before the date of the enactment of this Act) on or
after October 1 of the first fiscal year beginning after the date of
the enactment of this Act.
SEC. 7. TREATMENT OF BALANCES FROM THE HARBOR MAINTENANCE TRUST FUND.
Any remaining balances in the Harbor Maintenance Trust Fund
established by section 9505 of the Internal Revenue Code of 1986
(relating to expenditures from the Harbor Maintenance Trust Fund) shall
remain available until expended in accordance with the requirements of
subsection (c) of that section.
SEC. 8. APPLICATION OF WAGE REQUIREMENTS.
Nothing in this Act shall be construed to prevent the application
of wage requirements otherwise applicable to harbor maintenance
improvement projects on the date of enactment of this Act. | Maritime Goods Movement Act for the 21st Century - Directs the U.S. Customs and Border Protection (CBP) to impose a Maritime Goods Movement User Fee of 0.125% on all commercial cargo (except a U.S. export) that: (1) is unloaded from or loaded on a commercial vessel at a U.S. port, or (2) enters a U.S. point of entry. Prescribes a special rule prohibiting the imposition of such fee on: (1) cargo (except crude oil with respect to Alaska) loaded on a vessel in a mainland U.S. port and transported for use or consumption in Alaska, Hawaii, or any U.S. possession; (2) cargo loaded on a vessel in Alaska, Hawaii, or any U.S. possession and transported for use or consumption in the U.S. mainland, Alaska, Hawaii, or U.S. possession; (3) the unloading of such cargo in Alaska, Hawaii, or U.S. possession, or U.S. mainland, respectively; or (4) cargo loaded on a vessel in Alaska, Hawaii, or U.S. possession and unloaded in the state or U.S. possession in which loaded, or passengers transported on U.S.-flag vessels operating solely within Alaskan or Hawaiian waters and adjacent international waters. Prohibits imposition of such fee on: (1) on the United States or any U.S. agency, or (2) a nonprofit organization or cooperative for cargo intended for use in humanitarian or development assistance overseas. Requires use of up to $10 million of fees collected during any fiscal year for administrative expenses of the Department of Homeland Security (DHS), the Army Corps of Engineers, and the Department of Transportation (DOT). Makes certain fee allocations for: (1) harbor maintenance programs; (2) low-use ports; and (3) super donor ports to carry out projects or activities under a competitive grant for maritime improvement projects for movement of goods, as well as for other specified maritime improvement projects for movement of international maritime cargo. Defines "super donor port" as a port for which average expenditures in the 5 previous fiscal years: (1) from the Harbor Maintenance Trust Fund, for fiscal years beginning before enactment of this Act, are less than 10% percent of the total average amount of harbor maintenance taxes collected through landings at the port in such fiscal years; or (2) from the amounts collected for the Maritime Goods Movement User Fee, for fiscal years starting after enactment of this Act, are less than 10% of the total average amount of such fees collected through landings at the port. Establishes a Competitive Grant Program for Goods Movement. Amends the Internal Revenue Code to repeal the harbor maintenance tax. Declares that nothing in this Act shall be construed to prevent application of requirements that locally prevailing wages (Davis-Bacon Act) be paid to various classes of laborers and mechanics working on harbor maintenance improvement projects. | {"src": "billsum_train", "title": "Maritime Goods Movement Act for the 21st Century"} | 3,630 | 647 | 0.558477 | 1.662365 | 0.537382 | 4.106227 | 6.080586 | 0.930403 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research to Accelerate Cures and
Equity for Children Act'' or the ``RACE for Children Act''.
SEC. 2. DRUG DEVELOPMENT FOR PEDIATRIC CANCER.
(a) Molecular Targets Regarding Cancer Drugs.--Section 505B of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c) is amended--
(1) in subsection (a)(2)(A)(i) by striking ``product for
the claimed indications in all relevant pediatric
subpopulations; and'' and inserting ``product in all relevant
pediatric subpopulations--
``(I) for the claimed indications;
or'';
``(II) for a pediatric cancer
indication, if the drug is intended for
the treatment of an adult cancer and is
directed at a molecular target
considered to be germane to the growth
and progression of such pediatric
cancer; and'';
(2) in subsection (b)(1)--
(A) by amending subparagraph (A)(i) to read as
follows:
``(A)(i) the drug or biological product is used for
a substantial number of pediatric patients--
``(I) for the labeled indications; or
``(II) for a pediatric cancer indication,
if the drug is intended for the treatment of an
adult cancer and is directed at a molecular
target considered to be germane to the growth
and progression of such pediatric cancer;
and''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) there is reason to believe that the drug or
biological product would represent a meaningful
therapeutic benefit over existing therapies for
pediatric patients--
``(i) for one or more of the claimed
indications; or
``(ii) for a pediatric cancer indication,
if the drug is intended for the treatment of an
adult cancer and is directed at a molecular
target considered to be germane to the growth
and progression of such pediatric cancer; or'';
and
(3) by amending paragraph (2) of subsection (c) to read as
follows:
``(2) the drug or biological product is in a class of
products, is for an indication, or is directed at a specific
molecular target in an adult cancer and such molecular target
is germane to the growth or progression of cancer in a
pediatric cancer, for which there is need for additional
options.''.
(b) Early Meeting on Pediatric Study Plan.--
(1) In general.--Clause (i) of section 505B(e)(2)(C) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(e)(2)(C))
is amended to read as follows:
``(i) shall meet with the applicant--
``(I) if requested by the applicant
with respect to a drug that is intended
to treat a serious or life-threatening
disease or condition, to discuss
preparation of the initial pediatric
study plan, not later than the end-of-
Phase 1 meeting (as such term is used
in section 312.47(b) of title 21, Code
of Federal Regulations, or successor
regulations) or within 30 days of
receipt of such request, whichever is
later;
``(II) to discuss the initial
pediatric study plan as soon as
practicable, but not later than 90
calendar days after the receipt of such
plan under subparagraph (A); and
``(III) to discuss any scientific
or operational challenges that may be
the basis of a deferral under
subsection (a)(3) or a full or partial
waiver under subsection (a)(4);''.
(2) Conforming changes.--Section 505B(e) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355c(e)) is amended--
(A) in the heading of paragraph (2), by striking
``meeting'' and inserting ``meetings'';
(B) in the heading of paragraph (2)(C), by striking
``Meeting'' and inserting ``Meetings'';
(C) in clauses (ii) and (iii) of paragraph (2)(C),
by striking ``no meeting'' each place it appears and
inserting ``no meeting under clause (i)(II)''; and
(D) in paragraph (3) by striking ``meeting under
paragraph (2)(C)(i)'' and inserting ``meeting under
paragraph (2)(C)(i)(II)''.
(c) Orphan Drugs.--Section 505B(k) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355c(k)) is amended by inserting ``except in
the case of a drug or biological product that is intended for the
treatment of an adult cancer and is directed at a molecular target
considered to be germane to the growth and progression of a pediatric
cancer,'' after ``regulation,''.
(d) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services, acting through
the Commissioner of Food and Drugs, shall issue guidance on the
implementation of the amendments to section 505B of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355c) made by this section,
including--
(1) study designs;
(2) molecular targets considered to be germane to the
growth and progression present in one or more cancers in
pediatric populations that may be appropriate for assessment
under such section 505B, as so amended; and
(3) considerations for implementation of such section 505B,
as so amended, and waivers of the requirements of such section
505B with regard to molecular targets for which several drugs
may be under investigation.
(e) Applicability.--This section and the amendments made by this
section apply with respect to applications for a drug submitted under
section 505 of the Federal Food, Drug, or Cosmetic Act (21 U.S.C. 355)
or section 351 of the Public Health Service Act (42 U.S.C. 262) on or
after the date that is 18 months after the date of enactment of this
Act.
(f) Report to Congress.--Section 508(b) of the FDA Safety and
Innovation Act (21 U.S.C. 355c-1(b)) is amended--
(1) in paragraph (10), by striking ``; and'' and inserting
``;''; and
(2) by striking paragraph (11) and inserting the following:
``(11) an assessment of the impact of the amendments to
such section 505B made by the RACE for Children Act on
pediatric labeling of drugs and pediatric labeling of
molecularly targeted drugs for the treatment of cancer;
``(12) an assessment of the efforts of the Secretary to
implement the plan developed under section 505C-1 of the
Federal Food, Drug, and Cosmetic Act, regarding earlier
submission of pediatric studies under sections 505A and 505B,
including--
``(A) the average length of time after the approval
of an application under section 505(b)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(b)(1)) before studies conducted pursuant to such
sections 505A or 505B are completed, submitted, and
incorporated into labeling;
``(B) the average length of time after the receipt
of a proposed pediatric study request before the
Secretary responds to such request;
``(C) the average length of time after the
submission of a proposed pediatric study request before
the Secretary issues a written request for such
studies;
``(D) the number of written requests issued for
each investigational new drug prior to the submission
of an application under section 505(b)(1) of the
Federal Food, Drug, and Cosmetic Act; and
``(E) the average number, and range of numbers, of
amendments to written requests issued;
``(13) a list of sponsors of applications or holders of
approved applications who received exclusivity under such
section 505A after receiving a letter issued under such section
505B(d)(1) and before the studies referred to in such letter
were completed and submitted; and
``(14) a list of assessments required under subsection
(a)(2)(A)(i)(II), and (b)(1)(B)(ii) of section 505B.''.
(g) Rule of Construction.--Nothing in this section, including the
amendments made by this section, shall limit the authority of the
Secretary of Health and Human Services to issue written requests under
section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355a).
SEC. 3. IMPROVING THE TIMELINESS OF PEDIATRIC STUDIES.
(a) Informing Internal Review Committee.--Section 505A(f) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a(f)) is amended by
adding at the end the following:
``(7) Informing internal review committee.--The Secretary
shall provide to the committee referred to in paragraph (1) any
response issued to an applicant or holder with respect to a
proposed pediatric study request.''.
(b) Action on Submissions.--Section 505A(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355a(d)) is amended--
(1) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Action on submissions.--The Secretary shall review
and act upon a submission of a proposed pediatric study request
or a sponsor's proposed amendment to a written request for
pediatric studies within 120 days of the submission.''.
(c) Study.--The Secretary of Health and Human Services, acting
through the internal review committee established under section 505C of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355d) shall, not
later than one year after the date of enactment of this Act, develop
and implement a plan to achieve, when appropriate, earlier submission
of pediatric studies under section 505A of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355a). Such plan shall include recommendations
to achieve--
(1) earlier discussion of proposed pediatric study requests
and written requests with sponsors, and if appropriate, at the
meeting required under section 505B(e)(2)(C) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355c(e)(2)(C)), as
amended by section 2;
(2) earlier issuance of written requests for a pediatric
study under such section 505A, including for investigational
new drugs prior to the submission of an application under
section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(b)(1)); and
(3) shorter timelines, when appropriate, for the completion
of studies pursuant to a written request under such section
505A.
SEC. 4. NEONATOLOGY EXPERTISE.
Section 6(d) of the Best Pharmaceuticals for Children Act (21
U.S.C. 393a(d)) is amended by striking ``For the 5-year period
beginning on the date of enactment of this subsection, at'' and
inserting ``At''. | Research to Accelerate Cures and Equity for Children Act or the RACE for Children Act This bill amends the Federal Food, Drug, and Cosmetic Act to expand Food and Drug Administration (FDA) requirements for sponsors of certain drugs and biological products for adult cancer to assess the use of their medications in pediatric populations. (Currently, applications for FDA approval of new medications or new uses of medications must include pediatric assessments of safety and effectiveness for claimed indications, with exceptions.) The pediatric assessment for medications, including orphan drugs, that are used to treat cancer in adults and target a molecule germane to pediatric cancer must assess the safety and effectiveness of the medication for pediatric cancer. The bill limits waivers of pediatric assessments for medications that target a molecule germane to a pediatric cancer for which there is a need for additional treatment options. The FDA may require the sponsor of an approved medication that targets a molecule germane to pediatric cancer to complete a pediatric assessment if: (1) the medication is used for a substantial number of pediatric cancer patients, or (2) there is reason to believe the medication would have a meaningful therapeutic benefit over existing therapies for pediatric cancer patients. The FDA committee that reviews requests for pediatric studies must implement a plan to achieve earlier submission of pediatric studies. (Currently, completion of pediatric clinical studies requested by the FDA extends the patents or marketing exclusivity period for a medication by six months, with exceptions.) The FDA must act within 120 days on proposed pediatric study requests and proposed amendments to requests. | {"src": "billsum_train", "title": "Research to Accelerate Cures and Equity for Children Act"} | 2,615 | 322 | 0.655946 | 1.883043 | 0.669666 | 2.095238 | 7.615646 | 0.836735 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Coasts and Efficient Cars Act
of 2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) according to the Energy Information Administration,
opening all areas in the Pacific, Atlantic, Eastern Gulf of
Mexico, and Central Gulf of Mexico Regions of the outer
Continental Shelf that were subject to a moratorium that
expired in 2008 to drilling would--
(A) save consumers only 3 cents per gallon of gas
in 2030; and
(B) produce an estimated 500,000 barrels of oil per
day by 2030;
(2) fuel economy standards that achieve 35.5 miles per
gallon by 2016, are projected to save--
(A) consumers the equivalent of $1 per gallon of
gas by 2030; and
(B) 2,000,000 barrels per day of oil by 2030;
(3) increasing fuel economy to 55 miles per gallon by 2030
would--
(A) save consumers the equivalent of $1.43 or more
per gallon of gas by 2030; and
(B) save 3,900,000 barrels of oil per day by 2030,
and 1,423,500,000 barrels of oil annually in 2030;
(4) the oil disaster in the Gulf of Mexico stemming from
the incident at the Deepwater Horizon rig has led to--
(A) the loss of life;
(B) the release of an estimated hundreds of
thousands of gallons of oil into the Gulf of Mexico
every day since the April 20, 2010, disaster; and
(C) an environmental cleanup and economic damages
estimated to cost tens of billions of dollars;
(5) the limited benefits of continued offshore drilling are
outweighed by the substantial risks of offshore drilling;
(6) there are cleaner and safer ways to reduce the price of
gasoline than offshore drilling, such as strong fuel economy
standards;
(7) China--
(A) already achieves a fuel economy standard of
36.8 miles per gallon for new passenger vehicles; and
(B) is raising fuel economy to more than 42 miles
per gallon by 2015; and
(8) in Japan and in Europe current fuel economy standards
are higher than 42 miles per gallon.
SEC. 3. PROHIBITION OF OIL AND GAS LEASING IN THE PACIFIC, ATLANTIC,
EASTERN GULF OF MEXICO, AND CENTRAL GULF OF MEXICO
REGIONS.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following:
``(q) Prohibition of Oil and Gas Leasing in the Atlantic, Pacific,
Eastern Gulf of Mexico, and Central Gulf of Mexico Regions.--
Notwithstanding any other provision of this Act or any other law, the
Secretary shall not issue a lease or permit for the exploration,
development, or production of oil or natural gas in--
``(1) the Pacific Region of the outer Continental Shelf;
``(2) the Atlantic Region of the outer Continental Shelf;
or
``(3) the areas in the Gulf of Mexico described in section
104(a) of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note; Public Law 109-432).''.
SEC. 4. FUEL ECONOMY AND MOTOR VEHICLE EMISSION STANDARDS.
(a) Fuel Economy Standards.--Section 32902(b)(2)(B) of title 49,
United States Code, is amended to read as follows:
``(B) Automobile fuel economy average for model
years 2017 through 2030.--The Secretary shall prescribe
an average fuel economy standard for passenger and non-
passenger automobiles for each model year beginning
with model year 2017 to achieve a combined fuel economy
average for model year 2030 of at least 55 miles per
gallon for the total fleet of passenger and non-
passenger automobiles manufactured for sale in the
United States for that model year (excluding light-duty
vehicles that draw motive power from a battery with a
capacity larger than 4 kilowatt-hours).''.
(b) Motor Vehicle Emission and Fuel Economy Standards.--In
accordance with section 202 of the National Emission Standards Act (42
U.S.C. 7521) and section 32902 of title 49, United States Code, the
Administrator of the Environmental Protection Agency, in collaboration
with the Administrator of the National Highway Transportation Safety
Administration, and in consultation with the State of California and
representatives of the automotive industry and other relevant parties,
shall ensure continued progress in significantly improving motor
vehicle fuel efficiency and reducing greenhouse gas emissions by
setting motor vehicle emission and fuel economy standards for model
year 2017 and subsequent model years that reflect the greatest emission
reductions and fuel efficiency improvement achievable through the
application of technology that the Administrators determine will be
available for the model year to which the standards apply, considering
the costs associated with the application of the technology and other
factors, as appropriate. | Clean Coasts and Efficient Cars Act of 2010 - Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing a lease or permit for the exploration, development, or production of oil or natural gas in: (1) the Pacific and Atlantic Regions of the outer Continental Shelf; or (2) certain areas in the Gulf of Mexico.
Replaces current fuel economy standards for automobiles for model years 2021 through 2030 with new standards for model years 2017 through 2030. Requires the Secretary of Transportation to prescribe an average fuel economy standard for passenger and non-passenger automobiles for each model year beginning with model year 2017 to achieve a combined fuel economy average for model year 2030 of at least 55 miles per gallon for the total fleet of passenger and non-passenger automobiles manufactured for sale in the United States for that model year (excluding light-duty vehicles that draw motive power from a battery with a capacity larger than 4 kilowatt-hours).
Directs the Administrator of the Environmental Protection Agency (EPA), in collaboration with the Administrator of the National Highway Transportation Safety Administration (NHTSA), to ensure continued progress in significantly improving motor vehicle fuel efficiency and reducing greenhouse gas emissions by setting motor vehicle emission and fuel economy standards for model year 2017 and subsequent model years that reflect the greatest emission reductions and fuel efficiency improvement achievable through the application of technology that will be available for the model year to which the standards apply, considering the costs associated with the application of technology and other appropriate factors. | {"src": "billsum_train", "title": "A bill to prohibit the leasing of the Pacific, Atlantic, Eastern Gulf of Mexico, and Central Gulf of Mexico Regions of the outer Continental Shelf and to increase fuel economy standards."} | 1,058 | 322 | 0.559596 | 1.725743 | 0.714624 | 6.517123 | 3.349315 | 0.955479 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lead Free Schools Act of 2017''.
SEC. 2. REQUIREMENTS FOR REGULATION OF CONTAMINANTS.
Section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(2)) is amended by adding at the end the following:
``(D) Lead and copper rule.--
``(i) In general.--Notwithstanding any
other deadline established in this subsection,
not later than 9 months after the date of
enactment of the Lead Free Schools Act of 2017,
the Administrator shall issue revised national
primary drinking water regulations for lead and
copper.
``(ii) Requirements.--The revised
regulations issued under clause (i) shall
ensure that--
``(I) corrosion controls are
reevaluated anytime source water or
treatment is changed;
``(II) test results are valid, by
prohibiting techniques that
artificially lower lead levels,
including flushing before samples are
taken;
``(III) monitoring includes school
sites for all public water systems
serving schools (as defined in section
1461);
``(IV) notification of lead
problems is clear and effective,
including, to the extent practicable,
notification, at least annually, of any
testing and such problems at school
sites on the Internet website of the
applicable local educational agency;
and
``(V) lead service lines are fully
replaced on a set timetable and
whenever contamination is detected.
``(iii) Scope of lead line replacement
requirements.--Requirements to replace lead
service lines under the revised regulations
issued under clause (i) shall extend to all
service lines controlled by public water
systems, regardless of ownership.
``(E) Perfluorinated compounds.--Notwithstanding
any other deadline established in this subsection, not
later than 2 years after the date of enactment of the
Lead Free Schools Act of 2017, the Administrator shall
publish a maximum contaminant level goal and promulgate
a national primary drinking water regulation for
perfluorinated compounds.
``(F) 1,4-dioxane.--Notwithstanding any other
deadline established in this subsection, not later than
2 years after the date of enactment of the Lead Free
Schools Act of 2017, the Administrator shall make a
determination, pursuant to paragraph (1)(B)(ii), on
whether to regulate 1,4-dioxane under this section.''.
SEC. 3. DEFINITION OF LEAD SERVICE LINE.
(a) In General.--Section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f) is amended by adding at the end the following:
``(17) Lead service line.--The term `lead service line'
means a pipe and its fittings, which are not lead free (as
defined in section 1417(d)), that connect the drinking water
main to the building inlet.''.
(b) Conforming Amendment.--Section 1459B(a) of the Safe Drinking
Water Act (42 U.S.C. 300j-19b(a)) is amended by striking paragraph (4).
SEC. 4. COMPETITIVE GRANT PILOT PROGRAM FOR DRINKING WATER FOUNTAIN
REPLACEMENT FOR SCHOOLS.
(a) In General.--Part F of the Safe Drinking Water Act (42 U.S.C.
300j-21 et seq.) is amended by adding at the end the following:
``SEC. 1465. COMPETITIVE GRANT PILOT PROGRAM FOR DRINKING WATER
FOUNTAIN REPLACEMENT FOR SCHOOLS.
``(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish a
competitive pilot grant program to provide assistance to local
educational agencies for the replacement of drinking water fountains
manufactured prior to 1988.
``(b) Use of Funds.--Funds awarded under the competitive pilot
grant program--
``(1) shall be used to pay the costs of replacement of
drinking water fountains in schools; and
``(2) shall be awarded on a competitive basis, as
determined by the Administrator.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section not more than $5,000,000 for
each of fiscal years 2018 through 2022.''.
(b) Definitions.--Section 1461(5) of the Safe Drinking Water Act
(42 U.S.C. 300j-21(5)) is amended by inserting ``or drinking water
fountain'' after ``water cooler'' each place it appears.
SEC. 5. SCHOOL REMEDIAL ACTION PROGRAM.
Section 1464(d)(7) of the Safe Drinking Water Act (42 U.S.C. 300j-
24(d)(7)) is amended--
(1) by striking ``$20,000,000'' and inserting
``$100,000,000''; and
(2) by striking ``2017 through 2021'' and inserting ``2018
through 2022''. | Lead Free Schools Act of 2017 This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency (EPA) to revise national primary drinking water regulations for lead and copper within nine months. The revised regulations must ensure that: corrosion controls are reevaluated anytime source water or treatment is changed; test results are valid by prohibiting techniques that artificially lower lead levels; monitoring includes school sites for all public water systems serving schools; notification of lead problems is clear and effective; and lead service lines, which are controlled by public water systems, are fully replaced on a set timetable and whenever contamination is detected. The EPA must: (1) publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for perfluorinated compounds within two years, and (2) determine whether to regulate 1,4-dioxane within two years. The EPA must establish a grant program for replacing drinking water fountains manufactured prior to 1988 that are located in schools or day care facilities with fountains that are lead free. The bill reauthorizes for FY2018-FY2022 the voluntary school and child care program lead testing grant program. | {"src": "billsum_train", "title": "Lead Free Schools Act of 2017"} | 1,162 | 249 | 0.673047 | 1.969928 | 0.820273 | 2.981395 | 4.395349 | 0.832558 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Ynez Band of Chumash Mission
Indians Land Transfer Act of 2016''.
SEC. 2. TRANSFER OF LAND IN TRUST FOR SANTA YNEZ BAND OF CHUMASH
MISSION INDIANS.
(a) Transfer and Administration.--
(1) Transfer of lands into trust.--If the Tribe transfers
title to the land described in subsection (b) to the United
States, the Secretary shall take that land into trust for the
benefit of the Tribe, subject to valid existing rights and to
the terms relating to an easement as set forth in the
stipulated judgment in Willard W. Shepherd v. Fess Parker Ranch
LLC filed in the Superior Court of the State of California for
the County of Santa Barbara on January 26, 2004.
(2) Administration.--The land transferred under paragraph
(1) shall be part of the Santa Ynez Indian Reservation and
administered in accordance with the laws and regulations
generally applicable to land held in trust by the United States
for an Indian tribe.
(3) Effect.--For purposes of certain California State laws
(including the California Land Conservation Act of 1965,
Government Code Section 51200, et seq.), placing the land
described in subsection (b) into trust shall remove any
restrictions on the property pursuant to California Government
Code Section 51295 or any other provision of such Act.
(b) Legal Description of Lands Transferred.--The lands to be
transferred pursuant to this Act are described as follows:
Legal Land Description/Site Location:
Real property in the unincorporated area of the County of Santa
Barbara, State of California, described as follows:
PARCEL 1: (APN: 141-121-51 AND PORTION OF APN 141-140-10)
LOTS 9 THROUGH 18, INCLUSIVE, OF TRACT 18, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF OFFICIAL
RECORDS.
PARCEL 2: (PORTION OF APN: 141-140-10)
LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105581 OF OFFICIAL
RECORDS.
PARCEL 3: (PORTIONS OF APNS: 141-230-23 AND 141-140-10)
LOTS 19 AND 20 OF TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10,
AND 15 THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED
TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968
IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL
RECORDS.
PARCEL 4: (APN: 141-240-02 AND PORTION OF APN: 141-140-10)
LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105583 OF OFFICIAL
RECORDS.
PARCEL 5: (PORTION OF APN: 141-230-23)
THAT PORTION OF LOTS 3 AND 6 OF TRACT 16, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED
TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968
IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105584 OF OFFICIAL
RECORDS.
(c) Rules of Construction.--Nothing in this Act shall--
(1) enlarge, impair, or otherwise affect any right or claim
of the Tribe to any land or interest in land that is in
existence before the date of the enactment of this Act;
(2) affect any water right of the Tribe in existence before
the date of the enactment of this Act; or
(3) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before the
date of the enactment of this Act.
(d) Restricted Use of Transferred Lands.--The Tribe may not
conduct, on the land described in subsection (b) taken into trust for
the Tribe pursuant to this Act, gaming activities--
(1) as a matter of claimed inherent authority; or
(2) under any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) and regulations
promulgated by the Secretary or the National Indian Gaming
Commission under that Act.
(e) Definitions.--For the purposes of this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribe.--The term ``Tribe'' means the Santa Ynez Band of
Chumash Mission Indians. | Santa Ynez Band of Chumash Mission Indians Land Transfer Act of 2016 (Sec. 2) This bill directs the Department of the Interior to take specified lands in Santa Barbara County, California, into trust for the Santa Ynez Band of Chumash Mission Indians, subject to valid existing rights and to the terms in a certain stipulated judgment relating to a specified easement, if the Tribe transfers title to that land to the United States. (Placing that land into trust removes certain restrictions on the property under California law.) The transferred land shall become part of the Santa Ynez Indian Reservation. No gaming may be conducted on the land. | {"src": "billsum_train", "title": "Santa Ynez Band of Chumash Mission Indians Land Transfer Act of 2016"} | 1,803 | 146 | 0.64072 | 1.842618 | 0.663448 | 3.155738 | 10.352459 | 0.909836 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Recognition Act''.
SEC. 2. PREAMBLE.
The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended
as follows:
(1) By striking ``and'' at the end of each clause.
(2) By striking ``: Now, therefore,'' at the end of the
last clause and inserting a semicolon.
(3) By adding at the end the following new clauses:
``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina
are descendants of coastal North Carolina Indian tribes, principally
Cheraw, and have remained a distinct Indian community since the time of
contact with white settlers;
``Whereas since 1885 the State of North Carolina has recognized the Lumbee
Indians as an Indian tribe;
``Whereas in 1956 the Congress of the United States acknowledged the Lumbee
Indians as an Indian tribe, but withheld from the Lumbee Tribe the
benefits, privileges and immunities to which the Tribe and its members
otherwise would have been entitled by virtue of the Tribe's status as a
federally recognized tribe; and
``Whereas the Congress finds that the Lumbee Indians should now be entitled to
full Federal recognition of their status as an Indian tribe and that the
benefits, privileges and immunities that accompany such status should be
accorded to the Lumbee Tribe: Now, therefore,''.
SEC. 3. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254), is amended as follows:
(1) By striking the last sentence of the first section.
(2) By striking section 2 and inserting the following new
sections:
``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee
Tribe of North Carolina. All laws and regulations of the United States
of general application to Indians and Indian tribes shall apply to the
Lumbee Tribe of North Carolina and its members.
``(b) Notwithstanding the first section, any group of Indians in
Robeson and adjoining counties, North Carolina, whose members are not
enrolled in the Lumbee Tribe of North Carolina as determined under
section 3(c), may petition under part 83 of title 25 of the Code of
Federal Regulations for acknowledgement of tribal existence.
``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members
shall be eligible for all services and benefits provided to Indians
because of their status as members of a federally recognized tribe. For
the purposes of the delivery of such services, those members of the
tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in
North Carolina shall be deemed to be residing on or near an Indian
reservation.
``(b) Upon verification by the Secretary of the Interior of a
tribal roll under subsection (c), the Secretary of the Interior and the
Secretary of Health and Human Services shall develop, in consultation
with the Lumbee Tribe of North Carolina, a determination of needs and
budget to provide the services to which members of the tribe are
eligible. The Secretary of the Interior and the Secretary of Health and
Human Services shall each submit a written statement of such needs and
budget with the first budget request submitted to Congress after the
fiscal year in which the tribal roll is verified.
``(c) For purposes of the delivery of Federal services, the tribal
roll in effect on the date of the enactment of this section shall,
subject to verification by the Secretary of the Interior, define the
service population of the tribe. The Secretary's verification shall be
limited to confirming compliance with the membership criteria set out
in the tribe's constitution adopted on November 11, 2000, which
verification shall be completed not less than 1 year after the date of
the enactment of this section.
``Sec. 4. Fee lands which the tribe seeks to convey to the United
States to be held in trust shall be treated by the Secretary of the
Interior as `on-reservation' trust acquisitions under part 151 of title
25 Code of Federal Regulations (or a successor regulation) if such
lands are located within Robeson County, North Carolina.
``Sec. 5. (a) The State of North Carolina shall exercise
jurisdiction over--
``(1) all criminal offenses that are committed on; and
``(2) all civil actions that arise on, lands located within
the state of North Carolina that are owned by, or held in trust
by the United States for, the Lumbee Tribe of North Carolina,
or any dependent Indian community of the Lumbee Tribe of North
Carolina.
``(b) The Secretary of the Interior is authorized to accept on
behalf of the United States, after consulting with the Attorney General
of the United States any transfer by the State of North Carolina to the
United States of any portion of the jurisdiction of the State of North
Carolina described in paragraph (1) pursuant to an agreement between
the Lumbee Tribe and the State of North Carolina. Such transfer of
jurisdiction may not take effect until 2 years after the effective date
of the agreement.
``(c) The provisions of this subsection shall not affect the
application of section 109 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1919).
``Sec. 6. There are authorized to be appropriated such sums as are
necessary to carry out this Act.''. | Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of North Carolina. | {"src": "billsum_train", "title": "To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes."} | 1,192 | 25 | 0.591 | 1.429683 | 0.335209 | 3.066667 | 74.933333 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ghost Army Congressional Gold Medal
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the 23d Headquarters, Special Troops (comprised of the
23d Headquarters and Headquarters Company, Special Troops, the
603d Engineer Camouflage Battalion, the 406th Combat Engineer
Company, the 3132d Signal Service Company and the Signal
Company, Special, 23d Headquarters, Special Troops), and the
3133d Signal Service Company were top-secret units of the
United States Army that served in Europe during World War II;
(2) the 23d Headquarters, Special Troops, was actively
engaged in battlefield operations from June of 1944 through
March of 1945;
(3) the 3133d Signal Service Company was engaged in
operations in Italy in 1945;
(4) the deceptive activities of these units were integral
to several Allied victories across Europe and reduced
casualties;
(5) in evaluating the performance of these units after
World War II, an Army analysis found that ``Rarely, if ever,
has there been a group of such a few men which had so great an
influence on the outcome of a major military campaign.'';
(6) many Ghost Army soldiers were citizen-soldiers
recruited from art schools, advertising agencies,
communications companies, and other creative and technical
professions;
(7) the first 4 members of the 23d Headquarters, Special
Troops, landed on D-Day and 2 became casualties while creating
false beach landing sites;
(8) the 23d Headquarters, Special Troops, secret deception
operations commenced in France on June 14, 1944, when Task
Force Mason (a 17-man detachment of the 23d led by First
Lieutenant Bernard Mason) landed at Omaha Beach;
(9) Task Force Mason conducted Operation Elephant from July
1 to 4, 1944, to draw enemy fire and protect the 980th Field
Artillery Battalion (VIII Corps) as part of the Normandy
Campaign;
(10) Operation Elephant was a prelude to the 21 full-scale
tactical deceptions completed by the 23d Headquarters, Special
Troops;
(11) often operating on or near the front lines, the 23d
Headquarters, Special Troops, used inflatable tanks, artillery,
airplanes and other vehicles, advanced engineered soundtracks,
and skillfully crafted radio trickery to create the illusion of
a sizable American forces where there were none and to draw the
enemy away from Allied troops;
(12) the 3132d and the 3133d Signal Service Companies,
activated in Pine Camp (now Fort Drum), New York, at the Army
Experimental Station in March 1944, were the only 2 active duty
``sonic deception'' ground combat units in World War II;
(13) soldiers of the 23d Headquarters, Special Troops,
impersonated other, larger Army units by sewing counterfeit
patches onto their uniforms, painting false markings on their
vehicles, and creating phony headquarters staffed by fake
generals, all in an effort to feed false information to Axis
spies;
(14) during the Battle of the Bulge, the 23d Headquarters,
Special Troops, created counterfeit radio traffic in an effort
to deceive the enemy of the movement of elements of General
George S. Patton's Third Army as it shifted to break through to
the 101st Airborne Division and elements of 10th Armored
Division in the besieged Belgian town of Bastogne;
(15) in its final mission, Operation Viersen, in March
1945, the 23d Headquarters, Special Troops, conducted a
tactical deception operation intended to draw German units down
the Rhine River and away from the Ninth Army, allowing the
Ninth Army to cross the Rhine into Germany;
(16) during Operation Viersen, the 23d Headquarters,
Special Troops, with the assistance of other units,
impersonated 40,000 men, or 2 complete divisions of American
forces, by using fabricated radio networks, soundtracks of
construction work and artillery fire, and more than 600
inflatable and real vehicles;
(17) according to a military intelligence officer of the
79th Infantry, ``There is no doubt that Operation Viersen
materially assisted in deceiving the enemy with regard to the
real dispositions and intentions of this Army.'';
(18) 3 soldiers of the 23d Headquarters, Special Troops,
gave their lives and dozens were injured in carrying out their
mission;
(19) in April 1945, the 3133d Signal Service Company
conducted Operation Craftsman in support of Operation Second
Wind, the successful allied effort to break through the German
defensive position to the north of Florence, Italy, known as
the Gothic Line;
(20) along with an attached platoon of British engineers,
who were inflatable decoy specialists, the 3133d Signal Service
Company used sonic deception to misrepresent troop locations
along this defensive line;
(21) the activities of the 23d Headquarters, Special Troops
and the 3133d Signal Service Company remained highly classified
for more than 40 years after the war and were never formally
recognized;
(22) the extraordinary accomplishments of this unit are
deserving of belated official recognition; and
(23) the United States is eternally grateful to the
soldiers of the 23d Headquarters, Special Troops and the 3133d
Signal Service Company for their proficient use of innovative
tactics during World War II, which saved lives and made
significant contributions to the defeat of the Axis powers.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The President Pro Tempore of the Senate and
the Speaker of the House of Representatives shall make appropriate
arrangements for the award, on behalf of the Congress, of a gold medal
of appropriate design to the 23d Headquarters, Special Troops and the
3133d Signal Services Company in recognition of unique and highly
distinguished service during World War II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (in this Act referred
to as the ``Secretary'') shall strike the gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to the
Smithsonian Institution, where it shall be available for
display as appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other locations associated with the 23d
Headquarters, Special Troops and the 3133d Signal Services
Company.
(d) Duplicate Medals.--Under regulations that the Secretary may
promulgate, the Secretary may strike and sell duplicates in bronze of
the gold medal struck under this Act, at a price sufficient to cover
the cost of the medals, including labor, materials, dies, use of
machinery, and overhead expenses.
SEC. 4. STATUS OF MEDAL.
(a) National Medal.--The gold medal struck under this Act shall be
a national medal for the purposes of chapter 51 of title 31, Unites
States Code.
(b) Numismatic Items.--For purpose of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Ghost Army Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to award a Congressional Gold Medal to the 23rd Headquarters, Special Troops and the 3133d Signal Services Company in recognition of their service during World War II. The bill expresses the sense of Congress that the Smithsonian Institution should make the medal available for display elsewhere, particularly at other locations associated with the 23d Headquarters, Special Troops and the 3133d Signal Services Company.. | {"src": "billsum_train", "title": "Ghost Army Congressional Gold Medal Act"} | 1,633 | 115 | 0.493388 | 1.474325 | 0.566364 | 5.376344 | 16 | 0.924731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Russian World Trade Organization
Commitments Verification Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) World trade organization; wto.--The terms ``World Trade
Organization'' and ``WTO'' mean the organization established
pursuant to the WTO Agreement.
(2) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994.
SEC. 3. REPORTS ON COMMITMENTS UNDER THE PROTOCOL ON THE ACCESSION OF
THE RUSSIAN FEDERATION TO THE WTO AGREEMENT.
(a) Initial Report.--Not later than 90 days after the date on which
an Act of Congress authorizing the extension of permanent normal trade
relations treatment to products of the Russian Federation takes effect,
the United States Trade Representative shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives and publish in the Federal Register a report that--
(1) describes the commitments of the Russian Federation
under the protocol on the accession of the Russian Federation
to the WTO Agreement; and
(2) sets forth the date by which that protocol requires
each such commitment to be implemented.
(b) Annual Reports.--
(1) In general.--Not later than December 31 of each
calendar year that begins after the date on which an Act of
Congress referred to in subsection (a) takes effect, the United
States Trade Representative shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of
the House of Representatives and publish in the Federal
Register a report covering the period described in paragraph
(2) that--
(A) describes the actions taken by the Russian
Federation to comply with each commitment of the
Russian Federation under the protocol on the accession
of the Russian Federation to the WTO Agreement that the
Trade Representative determines has a significant
effect on United States commerce;
(B) identifies any commitment described in
subparagraph (A) that the Trade Representative
determines the Russian Federation is not implementing
or is not making progress toward implementing in a
timely or effective manner;
(C)(i) describes any actions taken by the Trade
Representative under section 4(a) to obtain the full
compliance of the Russian Federation with each
commitment identified under subparagraph (B); or
(ii) if the Trade Representative has determined
under section 4(b) that it is not in the national
interests of the United States to obtain the full
compliance of the Russian Federation with any such
commitment, describes the reasons for that
determination; and
(D) describes any actions the Trade Representative
has taken pursuant to a request made by the Committee
on Finance of the Senate or the Committee on Ways and
Means of the House of Representatives under section
4(c).
(2) Period described.--The period described in this
paragraph is--
(A) in the case of the first report submitted under
paragraph (1), the period beginning on the date on
which the report required by subsection (a) was
submitted and ending on the date on which the report
required by paragraph (1) is submitted; and
(B) in the case of any subsequent report submitted
under paragraph (1), the one-year period preceding the
submission of the report.
SEC. 4. ACTION BY THE UNITED STATES TRADE REPRESENTATIVE.
(a) In General.--Except as provided in subsection (b), the United
States Trade Representative shall, in consultation with appropriate
Federal agencies, take appropriate action to obtain the full compliance
of the Russian Federation with each commitment identified under section
3(b)(1)(B).
(b) Determination Not To Take Action.--The United States Trade
Representative may determine not to take action under subsection (a) to
obtain the full compliance of the Russian Federation with a commitment
identified under section 3(b)(1)(B) if the Trade Representative--
(1) determines that it is not in the national interests of
the United States to obtain the full compliance of the Russian
Federation with that commitment; and
(2) submits to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives
a report that describes in detail the reasons for that
determination.
(c) Requests From Congress.--
(1) In general.--The Committee on Finance of the Senate or
the Committee on Ways and Means of the House of Representatives
may request the United States Trade Representative to take
action to obtain the full compliance of the Russian Federation
with--
(A) a commitment identified by the Trade
Representative under section 3(b)(1)(B) and with
respect to which the Trade Representative has made a
determination under subsection (b) not to take action
if the Committee determines that it is in the national
interests of the United States to obtain the full
compliance of the Russian Federation with that
commitment; or
(B) a commitment of the Russian Federation under
the protocol on the accession of the Russian Federation
to the WTO Agreement not identified by the Trade
Representative under section 3(b)(1)(B) if the
Committee determines that the Russian Federation is not
implementing the commitment or is not making progress
toward implementing the commitment in a timely or
effective manner.
(2) Report required.--Not later than 15 days after
receiving a request under paragraph (1) from the Committee on
Finance of the Senate or the Committee on Ways and Means of the
House of Representatives to take appropriate action to obtain
the full compliance of the Russian Federation with a commitment
described in subparagraph (A) or (B) of that paragraph, the
Trade Representative shall submit to those committees and
publish in the Federal Register a report that--
(A) describes the action the Trade Representative
has taken or will take to obtain the full compliance of
the Russian Federation with that commitment; or
(B) if the Trade Representative determines not to
take action to obtain the full compliance of the
Russian Federation with that commitment--
(i) describes in detail the reasons for
that determination; and
(ii) identifies the economic interests in
the United States that would be adversely
affected if the Trade Representative took
action to obtain the full compliance of the
Russian Federation with that commitment.
SEC. 5. PUBLIC PARTICIPATION.
The United States Trade Representative shall seek public
participation in developing the reports required by section 3 and
determining under section 4(a) what action, if any, it is appropriate
to take with respect to a commitment identified under section
3(b)(1)(B), by, before submitting such a report or making a
determination to take such action--
(1) publishing a notice in the Federal Register with
respect to the content of the report or the action the Trade
Representative is considering taking, as the case may be; and
(2) holding a public hearing with respect to the report or
the action, as the case may be. | Russian World Trade Organization Commitments Verification Act of 2012 - Directs the U.S. Trade Representative (USTR), within 90 days after the effective date of an Act of Congress authorizing the extension of permanent normal trade relations treatment to products of the Russian Federation, to report to Congress on: (1) Russian Federation commitments under the protocol on the accession of the Russian Federation to the World Trade Organization (WTO) Agreement, and (2) the date by which that protocol requires each such commitment to be implemented.
Requires the USTR to report annually to Congress on: (1) actions taken by the Russian Federation to comply with its commitments under the protocol that has a significant effect on U.S. commerce, (2) any commitment the Federation is not implementing or is not making progress toward implementing in a timely manner, and (3) any actions taken by the USTR to obtain Russian Federation compliance with its commitments.
Directs the USTR to take appropriate action to obtain Russian Federation compliance with commitments it is not implementing or is not making progress toward implementing in a timely manner. Authorizes the USTR, however, not to take any action if it is not in the U.S. national interest.
Requires the USTR to seek public participation in developing such reports and in determining what action, if any, to take with respect to any commitment the Russian Federation is not implementing or is not making progress toward implementing in a timely manner. | {"src": "billsum_train", "title": "To require the United States Trade Representative to take action to obtain the full compliance of the Russian Federation with its commitments under the protocol on the accession of the Russian Federation to the Agreement Establishing the World Trade Organization, and for other purposes."} | 1,482 | 309 | 0.726946 | 2.12588 | 0.968626 | 4.135531 | 5.172161 | 0.934066 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Simplified Small Business Telephone
Tax Relief Act of 2007''.
SEC. 2. EXTENSION OF FILING PERIOD AND SAFE HARBOR FOR CERTAIN
TAXPAYERS FOR REFUNDS OF THE EXCISE TAX ON TOLL TELEPHONE
SERVICE.
(a) Extension of Filing Deadline.--
(1) In general.--Any overpayment attributable to nontaxable
service billed after February 28, 2003, and before August 1,
2006, may be allowed--
(A) as a credit against any taxes imposed by
subtitle A of the Internal Revenue Code of 1986 for any
taxable year ending after December 30, 2006, and before
January 1, 2008;
(B) as a credit against any taxes imposed by
chapter 21 of such Code for any period ending after the
date of the enactment of this Act and before January 1,
2008; or
(C) as a refund to the taxpayer under such rules as
prescribed by the Secretary.
(2) Social security trust funds held harmless.--The
Secretary of the Treasury shall, from time to time, transfer--
(A) from the general fund to the Federal Old-Age
and Survivors Insurance Trust Fund an amount equal to
the amount credited under paragraph (1)(B) which is
attributable to taxes imposed under sections 3101(a)
and 3111(a) of the Internal Revenue Code of 1986; and
(B) from the general fund to the Federal Hospital
Insurance Trust Fund an amount equal to the amount
credited pursuant to paragraph (1)(B) which is
attributable to taxes imposed under sections 3101(b)
and 3111(b) of such Code.
(b) Safe Harbor.--
(1) In general.--In the case of an overpayment described in
subsection (a) with respect to an eligible taxpayer, at the
election of the taxpayer, in lieu of the actual amount of
nontaxable service billed after February 28, 2003, and before
August 1, 2006, the amount of the overpayment shall be an
amount equal to--
(A) $50 in the case of an eligible taxpayer with an
adjusted gross income for the most recent taxable year
of less than $100,000;
(B) $100 in the case of an eligible taxpayer with
an adjusted gross income for the most recent taxable
year of at least $100,000 but less than $200,000;
(C) $150 in the case of an eligible taxpayer with
an adjusted gross income for the most recent taxable
year of at least $200,000 but less than $300,000;
(D) $200 in the case of an eligible taxpayer with
an adjusted gross income for the most recent taxable
year of at least $300,000 but less than $400,000;
(E) $250 in the case of an eligible taxpayer with
an adjusted gross income for the most recent taxable
year of at least $400,000 but less than $500,000; and
(F) $300 in the case of an eligible taxpayer with
an adjusted gross income for the most recent taxable
year of at least $500,000.
(2) Eligible taxpayer.--For purposes of this subsection,
the term ``eligible taxpayer'' means any taxpayer who--
(A) is--
(i) an entity, or
(ii) an individual who has at least $25,000
of gross income from a trade or business for
the most recent taxable year; and
(B) was billed for nontaxable service for any
period beginning after February 28, 2003, and before
August 1, 2006.
(3) Election.--
(A) In general.--The election made under this
subsection shall be made in such manner as the
Secretary may by regulations prescribe.
(B) Special rule for claims relating to preceding
years.--No election may be made under this subsection
with respect to an overpayment described in subsection
(a) on any claim for a refund or credit filed after the
date of the enactment of this Act if the taxpayer has
previously made a claim for a refund or credit with
respect to such overpayment before such date. The
preceding sentence shall not apply if the claim for a
credit or refund is made on a return amending the claim
filed before the date of the enactment of this Act.
(c) Nontaxable Service.--For purposes of this section, the term
``nontaxable service'' shall have the meaning given to such term under
Internal Revenue Service Notice 2006-50, 2006-25 I.R.B. 1141. | Simplified Small Business Telephone Tax Relief Act of 2007 - Allows an extension through 2007 for filing refunds for excise tax paid on nontaxable toll telephone service billed after February 28, 2003, and before August 1, 2006.
Allows taxpayers eligible for such refunds to elect a specified refund amount based on adjusted gross income in lieu of the actual amount of nontaxable toll telephone service billed after February 28, 2003, and before August 1, 2006. | {"src": "billsum_train", "title": "A bill to provide an extension for filing a refund for the excise tax on toll telephone service, and to provide for a safe harbor for businesses claiming such a refund."} | 964 | 96 | 0.588909 | 1.501299 | 1.029615 | 5.702381 | 10.666667 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia House Voting
Rights Act of 2009''.
SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.
(a) In General.--Notwithstanding any other provision of law, the
District of Columbia shall be considered a Congressional district for
purposes of representation in the House of Representatives in the One
Hundred Twelfth Congress and each succeeding Congress.
(b) Conforming Amendments Relating to Apportionment of Members of
House of Representatives.--
(1) Inclusion of single district of columbia member in
reapportionment of members among states.--Section 22 of the Act
entitled ``An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for apportionment of
Representatives in Congress'', approved June 18, 1929 (2 U.S.C.
2a), is amended by adding at the end the following new
subsection:
``(d) This section shall apply with respect to the District of
Columbia in the same manner as this section applies to a State.''.
(2) Clarification of determination of number of
presidential electors on basis of 23rd amendment.--Section 3 of
title 3, United States Code, is amended by striking ``come into
office;'' and inserting the following: ``come into office
(subject to the twenty-third article of amendment to the
Constitution of the United States in the case of the District
of Columbia);''.
SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.
(a) Permanent Increase in Number of Members.--Effective with
respect to the One Hundred Twelfth Congress and each succeeding
Congress, the House of Representatives shall be composed of 437
Members, including any Members representing the District of Columbia
pursuant to section 2(a).
(b) Reapportionment of Members Resulting From Increase.--
(1) In general.--Section 22(a) of the Act entitled ``An Act
to provide for the fifteenth and subsequent decennial censuses
and to provide for apportionment of Representatives in
Congress'', approved June 18, 1929 (2 U.S.C. 2a(a)), is amended
by striking ``the then existing number of Representatives'' and
inserting ``the number of Representatives established with
respect to the One Hundred Twelfth Congress''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to the regular decennial census
conducted for 2010 and each subsequent regular decennial
census.
(c) Special Rules for Period Prior to 2012 Reapportionment.--
(1) Transmittal of revised statement of apportionment by
president.--Not later than 30 days after the date of the
enactment of this Act, the President shall transmit to Congress
the most recent statement of apportionment submitted under
section 22(a) of the Act entitled ``An Act to provide for the
fifteenth and subsequent decennial censuses and to provide for
apportionment of Representatives in Congress'', approved June
18, 1929 (2 U.S.C. 2a(a)), revised to take into account this
Act and the amendments made by this Act.
(2) Report by clerk.--Not later than 15 calendar days after
receiving the revised version of the statement of apportionment
under paragraph (1), the Clerk of the House of Representatives,
in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)),
shall send to the executive of each State a certificate of the
number of Representatives to which such State is entitled under
section 22 of such Act, and shall submit a report to the
Speaker of the House of Representatives identifying the State
(other than the District of Columbia) which is entitled to one
additional Representative pursuant to this section.
(3) Requirements for election of additional member.--During
the One Hundred Twelfth Congress--
(A) notwithstanding the final undesignated
paragraph of the Act entitled ``An Act for the relief
of Doctor Ricardo Vallejo Samala and to provide for
congressional redistricting'', approved December 14,
1967 (2 U.S.C. 2c), the additional Representative to
which the State identified by the Clerk of the House of
Representatives in the report submitted under paragraph
(2) is entitled shall be elected from the State at
large; and
(B) the other Representatives to which such State
is entitled shall be elected on the basis of the
Congressional districts in effect in the State for the
One Hundred Eleventh Congress.
SEC. 4. NONSEVERABILITY OF PROVISIONS.
If any provision of this Act, or any amendment made by this Act, is
declared or held invalid or unenforceable, the remaining provisions of
this Act and any amendment made by this Act shall be treated and deemed
invalid and shall have no force or effect of law.
SEC. 5. EXPEDITED JUDICIAL REVIEW.
If any action is brought to challenge the constitutionality of any
provision of this Act or any amendment made by this Act, the following
rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard by a 3-
judge court convened pursuant to section 2284 of title 28,
United States Code.
(2) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(3) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(4) It shall be the duty of the United States District
Court for the District of Columbia and the Supreme Court of the
United States to advance on the docket and to expedite to the
greatest possible extent the disposition of the action and
appeal. | District of Columbia House Voting Rights Act of 2009 - Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives in the 112th Congress and each succeeding Congress.
Applies to the District in the same manner as it applies to a state the federal law providing for the 15th and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members.
Modifies the formula regarding the number of presidential electors to subject it to the 23rd amendment to the Constitution in the case of the District.
Increases membership of the House from 435 to 437 Members.
Provides for a reapportionment of Members resulting from such increase.
Directs the Clerk of the House to: (1) certify to the Governor of each state the number of Representatives to which the state is entitled; and (2) identify to the Speaker of the House the state (other than the District of Columbia) entitled to one additional Representative. Requires election at large of such additional Representative.
Sets forth procedures for expedited judicial review of any action brought to challenge the constitutionality of any provision of this Act or any amendment made by it. | {"src": "billsum_train", "title": "To provide for the treatment of the District of Columbia as a Congressional district for purposes of representation in the House of Representatives, and for other purposes."} | 1,354 | 266 | 0.683757 | 1.779126 | 0.807209 | 3.596491 | 5.149123 | 0.912281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arctic Ocean Research, Monitoring,
and Observing Act of 2012''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The United States is an Arctic Nation with--
(A) an approximately 700-mile border with the
Arctic Ocean;
(B) more than 100,000,000 acres of land above the
Arctic Circle; and
(C) an even broader area defined as Arctic by
temperature, which includes the Bering Sea and Aleutian
Islands.
(2) The Arctic region of the United States is home to an
indigenous population that has subsisted for millennia on the
abundance in marine mammals, fish, and wildlife, many of which
are unique to the region.
(3) Temperatures in the United States Arctic region have
warmed by 3 to 4 degrees Celsius over the past half-century, a
rate of increase that is twice the global average.
(4) The Arctic ice pack is rapidly diminishing and
thinning, and the National Oceanic and Atmospheric
Administration estimates the Arctic Ocean may be ice free
during summer months in as few as 30 years.
(5) Such changes to the Arctic region are having a
significant impact on the indigenous people of the Arctic,
their communities and ecosystems, as well as the marine
mammals, fish, and wildlife upon which they depend.
(6) Such changes are opening new portions of the United
States Arctic continental shelf to possible development for
offshore oil and gas, commercial fishing, marine shipping, and
tourism.
(7) Existing Federal research and science advisory programs
focused on the environmental and socioeconomic impacts of a
changing Arctic Ocean lack a cohesive, coordinated, and
integrated approach and are not adequately coordinated with
State, local, academic, and private-sector Arctic Ocean
research programs.
(8) The lack of research integration and synthesis of
findings of Arctic Ocean research has impeded the progress of
the United States and international community in understanding
climate change impacts and feedback mechanisms in the Arctic
Ocean.
(9) An improved scientific understanding of the changing
Arctic Ocean is critical to the development of appropriate and
effective regional, national, and global climate change
adaptation strategies.
(b) Purpose.--The purpose of this Act is to establish a permanent
environmental sentinel program to conduct research, monitoring, and
observation activities in the Arctic Ocean--
(1) to promote and sustain a productive and resilient
marine, coastal, and estuarine ecosystem in the Arctic and the
human uses of its natural resources through greater
understanding of how the ecosystem works and monitoring and
observation of its vital signs; and
(2) to track and evaluate the effectiveness of natural
resource management in the Arctic in order to facilitate
improved performance and adaptive management.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the North Pacific
Research Board established under section 401(e) of the
Department of the Interior and Related Agencies Appropriations
Act, 1998 (Public Law 105-1608).
(2) Commission.--The term ``Commission'' means the Arctic
Research Commission established under the Arctic Research and
Policy Act of 1984 (Public Law 98-373; 15 U.S.C. 4102).
(3) Program.--The term ``Program'' means the Arctic Ocean
Research, Monitoring, and Observation Program established by
section 4(a).
SEC. 4. ARCTIC OCEAN RESEARCH, MONITORING, AND OBSERVATION PROGRAM.
(a) Establishment.--There is established an Arctic Ocean Research,
Monitoring, and Observation Program to be administered by the Board
with input and assistance from the Commission.
(b) Research, Monitoring, and Observation Activities.--The Program
shall be an integrated, long-term scientific research, monitoring, and
observation program consisting of--
(1) marine, coastal, and estuarine research, including--
(A) fisheries research;
(B) research on the structure and function of the
ecosystem and its food webs; and
(C) research on the spatial distributions and
status of fish, wildlife, and other populations in the
Arctic;
(2) marine, coastal, and estuarine ecosystem monitoring and
observation, including expansion of the Alaska Ocean Observing
System in the Arctic; and
(3) marine, coastal, and estuarine research, monitoring,
observation, and modeling that supports planning, environmental
review, decisionmaking, evaluation, impact and natural
resources damage assessment, and adaptive management with
respect to industrial and other human activities, such as
shipping, in the Arctic, environmental change, and their
interactive and cumulative effects in the Arctic.
(c) Initial Projects.--In initiating the Program, the Board shall
make grants under subsection (e)--
(1) to support research and monitoring of Arctic fisheries,
including on the distributions and ecology of Arctic cod and
other forage fishes, for a period of not less than 3 years;
(2) to support research and monitoring of Arctic marine
mammals, including their responses to loss of sea ice habitats
and reactions to disturbance, for a period of not less than 3
years; and
(3) to establish the Alaska Ocean Observing System in the
Arctic Ocean such that it has sufficient capacity to provide
comprehensive data, nowcasts and forecasts, and information
products in real time and near real time on physical, chemical,
and biological conditions and environmental change.
(d) Arctic Ocean Science Plan.--
(1) Requirement.--The Board and the Commission shall
jointly prepare a comprehensive, integrated Arctic Ocean
science plan.
(2) Recognition and coordination with other science.--The
content of the plan required by paragraph (1) shall be
developed with recognition of and in coordination with other
science plans and activities in the Arctic.
(3) Informed by synthesis of existing knowledge.--
Development of the plan required by paragraph (1) shall be
informed by a synthesis of existing knowledge about the Arctic
ecosystem, including information about how the ecosystem
functions, individual and cumulative sources of ecosystem
stress, how the ecosystem is changing, and other relevant
information.
(4) Review.--
(A) Initial review by national research council.--
The Board shall submit the initial plan required by
paragraph (1) to the National Research Council for
review.
(B) Periodic review and updates.--Not less
frequently than once every 5 years thereafter, the
Board and the Commission shall, in consultation with
the National Research Council, review the plan required
by paragraph (1) and update it as the Board and the
Commission consider necessary.
(5) Use.--The Board shall use the plan required by
paragraph (1) as a basis for setting priorities and awarding
grants under subsection (e).
(e) Grants.--
(1) Authority.--Except as provided in paragraph (2), the
Board shall, under the Program, award grants to carry out
research, monitoring, and observation activities described in
subsections (b) and (c).
(2) Limitation.--The North Pacific Research Board may not
award any grants under paragraph (1) until the Board has
prepared the plan required by subsection (d)(1).
(3) Conditions, considerations, and priorities.--When
making grants to carry out the research, monitoring, and
observation activities described in subsections (b) and (c),
the Board shall--
(A) consider institutions located in the Arctic and
subarctic;
(B) place a priority on cooperative, integrated
long-term projects, designed to address current or
anticipated marine ecosystem or fishery or wildlife
management information needs;
(C) give priority to fully establishing and
operating the Alaska Ocean Observing System in the
Arctic Ocean, which may include future support for
cabled ocean observatories;
(D) recognize the value of local and traditional
ecological knowledge, and, where appropriate, place a
priority on research, monitoring, and observation
projects that incorporate local and traditional
ecological knowledge;
(E) ensure that research, monitoring, and
observation data collected by grantees of the Program
are made available to the public in a timely fashion,
pursuant to national and international protocols; and
(F) give due consideration to the annual
recommendations and review of the Commission carried
out under subsection (f).
(f) Annual Recommendations and Review by Arctic Research
Commission.--Each year, the Commission shall--
(1) recommend ongoing and future research, monitoring, and
observation priorities and strategies to be carried out
pursuant to subsections (b) and (c);
(2) undertake a written review of ongoing and recently
concluded research, monitoring, and observation activities
undertaken pursuant to such subsections; and
(3) submit to the Board the recommendations required by
paragraph (1) and the review required by paragraph (2). | Arctic Ocean Research, Monitoring, and Observing Act of 2012 - Establishes the Arctic Ocean Research, Monitoring, and Observation Program to be administered by the North Pacific Research Board with input and assistance from the Arctic Research Commission.
Requires the Program to include marine, coastal, and estuarine: (1) research of fisheries, ecosystem food webs, and spatial distributions of fish and other wildlife; (2) monitoring and observation, including expansion of the Alaska Ocean Observing System in the Arctic; (3) research, monitoring, observation, and modeling to support planning, environmental review, decisionmaking, evaluation, impact and natural resources damage assessment, and adaptive management with respect to industrial and other human activities in the Arctic, environmental change, and the interactive and cumulative effects in the Arctic.
Directs: (1) the Board and Commission to jointly prepare an Arctic Ocean science plan, and (2) the Board to submit the plan to the National Research Council. Requires that the plan be reviewed and updated at least once every five years.
Establishes a grant program to award grants for research, monitoring, and observation under the science plan.
Directs the Commission to annually review and recommend to the Board ongoing and future strategies and priorities. | {"src": "billsum_train", "title": "A bill to provide for research, monitoring, and observation of the Arctic Ocean and for other purposes."} | 1,840 | 255 | 0.594954 | 1.727655 | 0.800619 | 4.120833 | 7.545833 | 0.945833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Checkoff for Charity Act of 1998''.
TITLE I--CHECKOFF FOR CHARITY
SEC. 101. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR CHARITY.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR CHARITY
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--In the case of an individual, with respect to
each taxpayer's return for the taxable year of the tax imposed by
chapter 1, such taxpayer may designate that--
``(1) a specified portion (but not less than $1) of any
overpayment of tax for such taxable year, and
``(2) any cash contribution which the taxpayer includes
with such return,
shall be paid to an eligible organization, or for such use as is
otherwise provided, under title II of the Checkoff for Charity Act of
1998.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of the tax imposed by chapter 1 for such
taxable year. Such designation shall be made in such manner as the
Secretary prescribes by regulations except that such designation shall
be made either on the first page of the return or on the page bearing
the taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as being refunded to the taxpayer as of the last
date prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the date the
return is filed.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of such Code is amended by adding at the end thereof the
following new item:
``Part IX. Designation of overpayments
and contributions for
charity.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 102. CHECKOFF FOR CHARITIES TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following new section:
``SEC. 9511. CHECKOFF FOR CHARITIES TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Checkoff for
Charities Trust Fund', consisting of such amounts as may be
appropriated or credited to the Checkoff for Charities Trust Fund as
provided in this section or section 9602(b).
``(b) Transfer to Checkoff for Charities Trust Fund of Amounts
Designated.--There is hereby appropriated to the Checkoff for Charities
Trust Fund amounts equivalent to the amounts designated under section
6097 and received in the Treasury.
``(c) Expenditures From Trust Fund.--
``(1) In general.--The Secretary shall pay, not less often
than quarterly, to the Checkoff for Charities Commission from
the Checkoff for Charities Trust Fund an amount equal to the
amount in such Fund as of the time of such payment less any
administrative expenses of the Secretary which may be paid
under paragraph (2). Amounts paid under this subsection shall
be available only as provided in section 202 of the Checkoff
for Charity Act of 1998.
``(2) Administrative expenses.--Amounts in the Checkoff for
Charities Trust Fund shall be available to pay the
administrative expenses of the Secretary of the Treasury
directly allocable to--
``(A) modifying the individual income tax return
forms to carry out section 6097,
``(B) carrying out this chapter with respect to
such Fund, and
``(C) processing amounts received under section
6097 and transferring such amounts to such Fund.''.
(b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end the following new item:
``Sec. 9511. Checkoff for Charities Trust
Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act.
TITLE II--CHECKOFF FOR CHARITY COMMISSION
SEC. 201. ESTABLISHMENT.
There is established in the Department of Commerce a commission to
be known as the ``Checkoff for Charity Commission'' (hereafter in this
title referred to as the ``Commission'').
SEC. 202. DUTIES.
(a) In General.--The Commission, in consultation with the Secretary
of the Treasury, shall make arrangements for voluntary charitable,
health, and welfare agencies that provide or support direct health and
welfare services to individuals or their families to solicit
contributions through designations made on returns of individual income
tax. Such arrangements shall--
(1) to the extent practicable, be similar to arrangements
made by the Office of Personnel Management with respect to the
annual Combined Federal Campaign; and
(2) be limited to the types of organizations specified in
Executive Order 12353 (March 23, 1982), as amended by Executive
Order 12404 (February 10, 1983).
(b) Amounts Designated For Specific Organizations.--The Commission
shall ensure that amounts designated on a return of tax for a specific
organization are paid to that organization not later than 90 days after
the date on which the Commission receives such designation.
(c) Amounts Not Designated For Specific Organizations.--
(1) In general.--In the case of amounts designated as a
contribution on a return of tax but not designated for a
specific organization the Commission--
(A) may retain and use not more than one percent of
such amounts to carry out this Act, and
(B) from the excess of the aggregate of such
amounts for a year over the amount retained under
paragraph (1), shall determine which of the
organizations eligible to receive designations for a
year under subsection (a) will receive all or a portion
of such contribution.
(2) Criteria for selecting organizations.--In carrying out
paragraph (1)(B), the Commission shall use the criteria set
forth in Executive Order 12353 (March 23, 1982), as amended by
Executive Order 12404 (February 10, 1983).
SEC. 203. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 15
members appointed by the President from individuals who are not
officers or employees of any organization that receives funding
pursuant to this Act. Members on the Commission shall be broadly
representative of the ethnic, religious, majority, and minority groups
comprising the United States.
(b) Waiver of Limitation on Executive Schedule Positions.--
Appointments may be made under this section without regard to section
5311(b) of title 5, United States Code.
(c) Political Affiliation.--Not more than 8 members appointed may
be of the same political party.
(d) Terms.--
(1) In general.--Each member shall be appointed for a term
of six years, except as provided in paragraphs (2) and (3).
(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members first
appointed--
(A) five shall be appointed for terms of two years;
(B) five shall be appointed for terms of four
years; and
(C) five shall be appointed for terms of six years.
(3) Vacancies.--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 that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
(e) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
members shall serve without pay.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Commission.
(f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(g) Quorum.--Eight members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(h) Chairman; Vice Chairman.--The Chairman and Vice Chairman of the
Commission shall be designated by the President at the time of the
appointment. The term of office of the Chairman shall be three years.
(i) Meetings.--The Commission shall meet at the call of the
Chairman or a majority of its members.
SEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall, without regard to section
5311(b) of title 5, United States Code, have a Director who shall be
appointed by Commission. The Director shall be paid at a rate not to
exceed the rate of basic pay payable for level V of the Executive
Schedule.
(b) Staff.--Subject to rules prescribed by the Commission, and
without regard to section 5311(b) of title 5, United States Code, the
Director may appoint additional personnel as the Director considers
appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission shall be appointed subject to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(d) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not to exceed the daily equivalent of the rate of
basic pay payable for level V of the Executive Schedule.
(e) Staff of Federal Agencies.--Upon request of the Director, 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. 205. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairman or Vice Chairman of the Commission, the head of that
department or agency shall furnish that information to the Commission.
(d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Chairman.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(g) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is be made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
(h) Immunity.--Except as provided in this subsection, a person may
not be excused from testifying or from producing evidence pursuant to a
subpoena on the ground that the testimony or evidence required by the
subpoena may tend to incriminate or subject that person to criminal
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any
transaction, matter, or thing about which that person is compelled to
testify or relating to which that person is compelled to produce
evidence, except that the person may be prosecuted for perjury
committed during the testimony or made in the evidence.
(i) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for property and
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 206. ANNUAL REPORTS.
The Commission shall transmit an annual report to the Secretary of
Commerce and the Congress not later than December 31 of each year. Each
such report shall contain a detailed statement of activities of the
Commission during the fiscal year ending in the year in which such
report is required to be submitted.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of the first two
fiscal years beginning after the date of the enactment of this Act such
sums as may be necessary for startup costs for the Commission to carry
out this Act. | TABLE OF CONTENTS:
Title I: Checkoff for Charity
Title II: Checkoff for Charity Commission
Checkoff for Charity Act of 1998 -
Title I: Checkoff for Charity
- Amends the Internal Revenue Code to permit taxpayers to designate contributions to charities on their tax returns. Establishes the Checkoff for Charities Trust Fund.
Title II: Checkoff for Charity Commission
- Establishes in the Department of Commerce the Checkoff for Charity Commission which shall make arrangements for voluntary charitable, health, and welfare agencies that provide or support direct health and welfare services to individuals or their families to solicit contributions through designations made on individual tax returns. Requires annual reports from the Commission. Authorizes appropriations. | {"src": "billsum_train", "title": "Checkoff for Charity Act of 1998"} | 3,449 | 155 | 0.501667 | 1.326952 | 0.551476 | 3.891304 | 22.101449 | 0.862319 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crop Insurance Subsidy Reduction Act
of 2013''.
SEC. 2. REDUCTION IN SHARE OF CROP INSURANCE PREMIUM PAID BY FEDERAL
CROP INSURANCE CORPORATION.
Section 508(e)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(2)) is amended--
(1) in subparagraph (B)(i), by striking ``67'' and
inserting ``55'';
(2) in subparagraph (E)(i), by striking ``55'' and
inserting ``24'';
(3) in subparagraph (F)(i), by striking ``48'' and
inserting ``17'';
(4) in subparagraph (G)(i), by striking ``38'' and
inserting ``13'';
(5) by redesignating subparagraphs (C) through (G) as
subparagraphs (G) through (K), respectively; and
(6) by inserting after subparagraph (B) the following:
``(C) In the case of additional coverage equal to
or greater than 55 percent, but less than 60 percent,
of the recorded or appraised average yield indemnified
at not greater than 100 percent of the expected market
price, or a comparable coverage for a policy or plan of
insurance that is not based on individual yield, the
amount shall be equal to the sum of--
``(i) 46 percent of the amount of the
premium established under subsection
(d)(2)(B)(i) for the coverage level selected;
and
``(ii) the amount determined under
subsection (d)(2)(B)(ii) for the coverage level
selected to cover operating and administrative
expenses.
``(D) In the case of additional coverage equal to
or greater than 60 percent, but less than 65 percent,
of the recorded or appraised average yield indemnified
at not greater than 100 percent of the expected market
price, or a comparable coverage for a policy or plan of
insurance that is not based on individual yield, the
amount shall be equal to the sum of--
``(i) 38 percent of the amount of the
premium established under subsection
(d)(2)(B)(i) for the coverage level selected;
and
``(ii) the amount determined under
subsection (d)(2)(B)(ii) for the coverage level
selected to cover operating and administrative
expenses.
``(E) In the case of additional coverage equal to
or greater than 65 percent, but less than 70 percent,
of the recorded or appraised average yield indemnified
at not greater than 100 percent of the expected market
price, or a comparable coverage for a policy or plan of
insurance that is not based on individual yield, the
amount shall be equal to the sum of--
``(i) 42 percent of the amount of the
premium established under subsection
(d)(2)(B)(i) for the coverage level selected;
and
``(ii) the amount determined under
subsection (d)(2)(B)(ii) for the coverage level
selected to cover operating and administrative
expenses.
``(F) In the case of additional coverage equal to
or greater than 70 percent, but less than 75 percent,
of the recorded or appraised average yield indemnified
at not greater than 100 percent of the expected market
price, or a comparable coverage for a policy or plan of
insurance that is not based on individual yield, the
amount shall be equal to the sum of--
``(i) 32 percent of the amount of the
premium established under subsection
(d)(2)(B)(i) for the coverage level selected;
and
``(ii) the amount determined under
subsection (d)(2)(B)(ii) for the coverage level
selected to cover operating and administrative
expenses.''.
SEC. 3. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Crop Insurance Subsidy Reduction Act of 2013 - Amends the Federal Crop Insurance Act to reduce crop insurance premium subsidy rates. | {"src": "billsum_train", "title": "Crop Insurance Subsidy Reduction Act of 2013"} | 968 | 34 | 0.494992 | 1.082151 | 0.532689 | 3.045455 | 38.772727 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetic Retinopathy Prevention Act
of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Type 2 Diabetes affects 17,000,000 Americans, with over
1,000,000 new cases diagnosed each year. Type 1 Diabetes
affects over 1,000,000 Americans, with over 13,000 new cases
diagnosed each year. Diabetes costs the nation an estimated
$138,000,000,000 per year.
(2) Diabetic retinopathy is the most common complication
resulting from diabetes, and causes degradation in visual
acuity and eventual blindness. Diabetic retinopathy is the
leading cause of blindness in people aged 20 to 74, and up to
24,000 diabetics become legally blind each year.
(3) During the first two decades of disease, nearly all
patients with Type 1 and over 60 percent of patients with Type
2 Diabetes develop diabetic retinopathy, and the risk of
diabetic retinopathy increases with the duration of diabetes.
Onset of Type 2 diabetes is today occurring at younger ages,
which will increase the prevalence of diabetic retinopathy in
the future.
(4) Clinical trials have demonstrated that early detection
and treatment of diabetic retinopathy can reduce vision loss by
90 percent, and remote assessment of diabetic retinopathy has
the potential to reach large numbers of diabetic patients who
live in rural, remote or underserved areas and who lack
geographical or financial access to regular, in-office eye
examinations by eye specialists.
SEC. 3. MEDICARE COVERAGE OF REMOTE ASSESSMENT OF DIABETIC RETINOPATHY.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended:
(1) in subsection (s)(2)--
(A) in subparagraph (Y), by striking ``and'' at the
end;
(B) in subparagraph (Z), by adding ``and'' at the
end; and
(C) by inserting after subparagraph (Z) the
following new subparagraph:
``(AA) remote assessment of diabetic retinopathy (as
defined in subsection (bbb));''; and
(2) by adding at the end the following new subsection:
``Remote Assessment of Diabetic Retinopathy
``(bbb) The term `remote assessment of diabetic retinopathy' means
a diagnostic examination of the retina for the purpose of early
detection of diabetic retinopathy that--
``(1) is provided not more frequently than on an annual
basis to an individual who has been diagnosed with diabetes;
``(2) meets technical standards set forth by the Secretary
(which shall be determined in consultation with industry and
practitioner groups with expertise in ophthalmology, ophthalmic
imaging, telemedicine, or related fields);
``(3) is furnished via a telecommunications system by a
physician (as defined in subsection (r)), a practitioner
(described in section 1842(b)(18)(C) of this title), or a non-
physician technician deemed to be qualified by the Secretary
under the regulations promulgated pursuant to this Act, to an
eligible patient enrolled under this part, notwithstanding that
the individual physician or practitioner providing the service
is not at the same location as the beneficiary; and
``(4) is conducted under the supervision of a board-
certified ophthalmologist with retinal fellowship training.''.
(b) Payment Notwithstanding Limitation on Store and Forward
Technology.--Notwithstanding any limitations to the contrary that are
set forth in section 1834(m)(1) of the Social Security Act (42 U.S.C.
1395m(m)(1)), the amendments made by subsection (a) shall be applicable
to remote assessments of diabetic retinopathy that are furnished
through the use of store-and-forward technologies that provide for the
asynchronous transmission of health care information in single or
multimedia formats.
(c) Interim Payment Pending Publication of Final Rule.--For the
period beginning 30 days after the date of the enactment of this Act
and ending on the date the Secretary of Health and Human Services
publishes a final regulation to carry out section 1861(s)(2)(AA) of the
Social Security Act, as added by subsection (a), the Secretary shall
provide for payment of retinopathy assessments furnished under such
section during such period, and assign such temporary HCPCS code as is
necessary to provide for such payment.
(d) Study on Reimbursement for Remote Assessments of Diabetic
Retinopathy.--(1) Not later than 1 year after the date of the enactment
of this Act, the Secretary of Health and Human Services shall conduct a
study on the costs incurred by health care providers to provide remote
assessment of diabetic retinopathy services, including an analysis of--
(A) per-patient cost, and
(B) start-up and administrative costs.
(2) Not later than 2 years after the date of the enactment of this
Act, the Secretary shall submit a report to Congress on the study
conducted under paragraph (1) and shall include recommendations with
respect to--
(A) the adequacy of reimbursements for remote assessment of
diabetic retinopathy under the medicare program; and
(B) whether the study under paragraph (1) should be
repeated, and if so, how frequently.
(e) Effective Date.--The amendments made by subsection (a) shall
apply to assessments performed on or after the date that is 30 days
after the date of the enactment of this Act.
SEC. 4 MEDICAID COVERAGE OF REMOTE ASSESSMENT OF DIABETIC RETINOPATHY.
(a) Requirement.--Section 1905(a)(13) of the Social Security Act
(42 U.S.C. 1396d(a)(13)) is amended by inserting ``remote assessment of
diabetic retinopathy (as defined in section 1861(bbb)),'' after
``including''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to assessments performed on or after the date of the enactment of
this Act.
(c) State Compliance.--In the case of a State plan for medical
assistance under title XIX of the Social Security Act which the
Secretary of Health and Human Services determines requires State
legislation (other than legislation authorizing or appropriating funds)
in order for the plan to meet the additional requirement imposed by the
amendments made by subsection (a), the State plan shall not be regarded
as failing to comply with the requirements of such title solely on the
basis of its failure to meet this additional requirement before the
first day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins after
the date of the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate regular
session of the State legislature.
SEC. 5. MOBILE DIABETIC RETINOPATHY SCREENING PILOT PROGRAM.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 317S the following:
``SEC. 317T. MOBILE DIABETIC RETINOPATHY SCREENING PILOT PROGRAM.
``(a) In General.--
``(1) Establishment.--The Secretary shall establish a grant
program, to be known as the `Mobile Diabetic Retinopathy
Screening Pilot Program', to make grants to 5 eligible entities
for the purpose of establishing mobile diabetic retinopathy
screening programs.
``(2) Use of funds.--The Secretary may not make a grant to
an eligible entity under this section unless the entity agrees
to use the grant to carry out a project consisting of the
design, demonstration, and implementation of a mobile diabetic
retinopathy screening program.
``(3) Maximum amount.--The Secretary may not make any grant
under this section in an amount that is greater than $1,000,000
for any year.
``(4) Solicitation of applications.--Not later than 90 days
after the date on which amounts are first made available to
carry out this section, the Secretary shall publish a notice of
solicitation for applications for grants under this section
that specifies the information to be included in each
application.
``(5) Applications.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary at
such time, in such form, and containing such information as the
Secretary may require.
``(6) Priority.--In making grants under this section, the
Secretary shall give priority to any applicant that--
``(A) has experience in evaluating diabetic
retinopathy using telecommunications equipment,
including store and forward technologies; and
``(B) proposes to serve rural, impoverished,
underserved, minority, and remote populations.
``(7) Congressional notification.--The Secretary may not
make a grant under this section unless, not less than 3 days
before making the grant, the Secretary provides notification of
the grant to the appropriate committees of the Congress.
``(b) Evaluation and Report.--
``(1) Evaluation.--Not later than 3 years after making the
first grant under this section, the Secretary shall convene an
advisory committee for the purposes of conducting an evaluation
of the Mobile Diabetic Retinopathy Screening Pilot Program. In
conducting the evaluation, the advisory committee shall
determine--
``(A) whether the Program has been effective in
increasing early detection of diabetic retinopathy,
whether preventative measures taken upon such detection
have been effective in decreasing the prevalence and
severity of diabetic retinopathy, and whether these
findings warrant continued or expanded support of the
Program; and
``(B) whether the program may serve as a useful
model for similar screening programs to detect
complications associated with diabetes, high blood
pressure, high cholesterol, and other chronic
conditions.
``(2) Report.--Not later than 54 months after making the
first grant under this section, the Secretary shall submit a
report to the appropriate committees of the Congress containing
the results of the advisory committee's evaluation.
``(c) Definitions.--In this section:
``(1) Advisory committee.--The term `advisory committee'
means the advisory committee convened under subsection (b).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a hospital (as defined in section 1861(e) of
the Social Security Act); or
``(B) a State, an institution of higher education,
a local government, a tribal government, a nonprofit
health organization, or a community health center
receiving assistance under section 330.
``(3) Mobile diabetic retinopathy screening program.--The
term `mobile diabetic retinopathy screening program' means any
program--
``(A) that offers remote assessment of diabetic
retinopathy as described in Section 1861(bbb) of the
Social Security Act;
``(B) whose patients primarily reside in rural,
underserved, and remote areas; and
``(C) that is mobile (as determined by the
Secretary).
``(4) Program.--The term `Program' means the Mobile
Diabetic Retinopathy Screening Pilot Program established under
this section.
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section (except for subsection (b))
$5,000,000 for each of fiscal years 2006 through 2010.
``(2) Evaluation and report.--There are authorized to be
appropriated to carry out subsection (b) such sums as may be
necessary.''. | Diabetic Retinopathy Prevention Act of 2005 - Amends Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act to expand Medicare and Medicaid coverage to include remote assessment of diabetic retinopathy (a diagnostic examination that is provided no more than annually to an individual who has been diagnosed with diabetes, that meets technical standards set forth by the Secretary of Health and Human Services, that is furnished via a telecommunications system to an eligible patient, and that is conducted under the supervision of a board-certified ophthalmologist with retinal fellowship training).
Requires the Secretary to study and report to Congress on the costs incurred by health care providers to provide such assessment.
Amends the Public Health Service Act to direct the Secretary to: (1) establish the Mobile Diabetic Retinopathy Screening Pilot Program to make five grants to eligible entities to establish mobile diabetic retinopathy screening programs; (2) give priority to entities with relevant experience who propose to serve rural, impoverished, unserved, minority, and remote populations; and (3) convene an advisory committee to evaluate the Program. | {"src": "billsum_train", "title": "To amend titles XVIII and XIX of the Social Security Act to provide for coverage under the Medicare and Medicaid Programs of certain screening procedures for diabetic retinopathy, and to amend the Public Health Service Act to establish pilot programs to foster such screening, and for other purposes."} | 2,669 | 248 | 0.585971 | 1.78604 | 0.631018 | 3.77561 | 11.204878 | 0.936585 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Assistance for Rape
Emergencies Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is estimated that 25,000 to 32,000 women become
pregnant each year as a result of rape or incest. An estimated
22,000 of these pregnancies could be prevented if rape
survivors had timely access to emergency contraception.
(2) A 1996 study of rape-related pregnancies (published in
the American Journal of Obstetrics and Gynecology) found that
50 percent of the pregnancies described in paragraph (1) ended
in abortion.
(3) Surveys have shown that many hospitals do not routinely
provide emergency contraception to women seeking treatment
after being sexually assaulted.
(4) The risk of pregnancy after sexual assault has been
estimated to be 4.7 percent in survivors who were not protected
by some form of contraception at the time of the attack.
(5) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy, reducing the risk by as much as 89 percent.
(6) Medical research strongly indicates that the sooner
emergency contraception is administered, the greater the
likelihood of preventing unintended pregnancy.
(7) In light of the safety and effectiveness of emergency
contraceptive pills, both the American Medical Association and
the American College of Obstetricians and Gynecologists have
endorsed more widespread availability of such pills.
(8) The American College of Emergency Physicians and the
American College of Obstetricians and Gynecologists agree that
offering emergency contraception to female patients after a
sexual assault should be considered the standard of care.
(9) Nine out of ten women of reproductive age remain
unaware of emergency contraception. Therefore, women who have
been sexually assaulted are unlikely to ask for emergency
contraception.
(10) New data from a survey of women having abortions
estimates that 51,000 abortions were prevented by use of
emergency contraception in 2000 and that increased use of
emergency contraception accounted for 43 percent of the
decrease in total abortions between 1994 and 2000.
(11) It is essential that all hospitals that provide
emergency medical treatment provide emergency contraception as
a treatment option to any woman who has been sexually
assaulted, so that she may prevent an unintended pregnancy.
SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF
EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a hospital
under any health-related program, unless the hospital meets the
conditions specified in subsection (b) in the case of--
(1) any woman who presents at the hospital and states that
she is a victim of sexual assault, or is accompanied by someone
who states she is a victim of sexual assault; and
(2) any woman who presents at the hospital whom hospital
personnel have reason to believe is a victim of sexual assault.
(b) Assistance for Victims.--The conditions specified in this
subsection regarding a hospital and a woman described in subsection (a)
are as follows:
(1) The hospital promptly provides the woman with medically
and factually accurate and unbiased written and oral
information about emergency contraception, including
information explaining that--
(A) emergency contraception does not cause an
abortion; and
(B) emergency contraception is effective in most
cases in preventing pregnancy after unprotected sex.
(2) The hospital promptly offers emergency contraception to
the woman, and promptly provides such contraception to her on
her request.
(3) The information provided pursuant to paragraph (1) is
in clear and concise language, is readily comprehensible, and
meets such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(4) The services described in paragraphs (1) through (3)
are not denied because of the inability of the woman or her
family to pay for the services.
(c) Definitions.--For purposes of this section:
(1) The term ``emergency contraception'' means a drug, drug
regimen, or device that is--
(A) used postcoitally;
(B) prevents pregnancy by delaying ovulation,
preventing fertilization of an egg, or preventing
implantation of an egg in a uterus; and
(C) is approved by the Food and Drug
Administration.
(2) The term ``hospital'' has the meanings given such term
in title XVIII of the Social Security Act, including the
meaning applicable in such title for purposes of making
payments for emergency services to hospitals that do not have
agreements in effect under such title.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
(4) The term ``sexual assault'' means coitus in which the
woman involved does not consent or lacks the legal capacity to
consent.
(d) Effective Date; Agency Criteria.--This section takes effect
upon the expiration of the 180-day period beginning on the date of the
enactment of this Act. Not later than 30 days prior to the expiration
of such period, the Secretary shall publish in the Federal Register
criteria for carrying out this section. | Compassionate Assistance for Rape Emergencies Act - Requires hospitals, as a condition of receiving Federal funds, to provide emergency contraception to a woman who is a victim of sexual assault. | {"src": "billsum_train", "title": "To provide for the provision by hospitals of emergency contraceptives to women who are survivors of sexual assault."} | 1,143 | 46 | 0.52315 | 1.285829 | 0.440481 | 3.090909 | 32 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investor in Iran Accountability Act
of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Department of State's Patterns of Global Terrorism
report for 2003 stated that ``Iran remained the most active
state sponsor of terrorism in 2003''.
(2) That report further stated that--
(A) Iran continues to provide funding, safehaven,
training, and weapons to known terrorist groups,
including Hizballah, HAMAS, the Palestine Islamic
Jihad, and the Popular Front for the Liberation of
Palestine; and
(B) the Government of Iran's poor human rights
record continues to worsen.
(3) In 1979, in response to the Islamic Revolution in Iran
and the holding of United States citizens as hostages in Iran,
the United States imposed economic sanctions against Iran that
prohibit virtually all trade and investment activities with
Iran by citizens of the United States or United States
companies.
(4) The United States does not prohibit foreign
subsidiaries of United States companies from investing in Iran
if the foreign subsidiary is independent of the United States
parent company.
(5) A number of subsidiaries of United States companies
appear to be taking advantage of this condition and are
investing in the energy sector in Iran through such
subsidiaries.
(6) According to the Energy Information Administration of
the Department of Energy, Iran is the second largest oil
producer in the Organization of the Petroleum Exporting
Countries (OPEC) and holds 10 percent of the world's proven oil
reserves.
(7) According to the Energy Information Administration, the
economy of Iran relies heavily on revenues generated by the
export of oil and such revenues account for approximately 80
percent of Iran's total annual export earnings, nearly one-half
of the annual budget of the Government of Iran, and as much as
one-fifth of the gross domestic product of Iran.
(8) According to the Energy Information Administration,
Iran is actively seeking significant new foreign investment in
the energy sector and experts believe that with sufficient
investment Iran could increase its crude oil production
capacity significantly.
(9) The Department of Justice is conducting a criminal
investigation into whether United States companies have
violated any law by trading or investing with Iran through a
subsidiary company that may not be completely independent of
the parent company.
(10) The Securities and Exchange Commission has determined
that significant corporate operations in countries subject to
economic sanctions, such as Iran, can represent a material risk
to investors in the United States and that such investments
should be properly disclosed.
SEC. 3. POLICY OF THE UNITED STATES.
It is the policy of the United States--
(1) to enforce fully existing economic sanctions imposed by
United States law against Iran, including sanctions imposed
under the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701
note) on persons that make certain investments that contribute
to Iran's ability to develop and exploit its petroleum and
natural gas resources;
(2) to make available to the public information regarding a
United States person or a person that is controlled in fact by
a United States person who maintains any direct or indirect
investment in the energy sector in Iran; and
(3) to seek international cooperation in fully enforcing
economic sanctions against Iran and in prohibiting any direct
or indirect investment in Iran until Iran ceases to support
international terrorism.
SEC. 4. DEFINITIONS.
In this Act:
(1) Controlled in fact.--The term ``controlled in fact''
includes--
(A) with respect to a corporation, the holding of
at least 50 percent (by vote or value) of the capital
structure of the corporation; and
(B) with respect to a legal entity other than a
corporation, the holding of interests representing at
least 50 percent of the capital structure of the
entity.
(2) Energy sector.--The term ``energy sector'' means any
research, exploration, development, production, sale,
distribution, or advertising of natural gas, oil, or petroleum
resources or nuclear power.
(3) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands, and
other territories or possessions of the United States.
(4) United states person.--The term ``United States
person'' means any citizen of the United States, permanent
resident alien, or entity organized under the laws of the
United States or of any State, wherever located (including
foreign branches).
SEC. 5. PUBLICATION OF INFORMATION ON INVESTMENTS.
(a) Requirement to Publish.--Not later than 120 days after the date
of enactment of this Act, the Secretary of the Treasury shall publish
in the Federal Register and make available to the public on the
Internet website of the Department of the Treasury--
(1) a list of each United States person or each person that
is controlled in fact by a United States person that maintains
any direct or indirect investment in the energy sector in Iran;
(2) a list of each foreign person that owned investments in
the energy sector in Iran with a total value of more than
$1,000,000 during the 12-month period ending on the date of the
publication in the Federal Register; and
(3) a list of--
(A) any United States person that holds the
securities of a person described in paragraph (1) or
(2) valued at more than $100,000;
(B) any investment company registered under section
8 of the Investment Company Act of 1940 that invests,
reinvests, or trades in the securities of a person
described in paragraph (1) or (2);
(C) any pension plan or other Federal or State
retirement plan that invests in the securities of
persons described in paragraph (1) or (2); and
(D) such other investors in the securities of
persons described in paragraph (1) or (2) as the
Secretary determines is appropriate to carry out the
policy set out in section 3.
(b) Requirement of Update.--The Secretary of the Treasury shall
update the lists described in paragraphs (1) through (3) of subsection
(a) at least once during each calendar year. Such updates shall be
published in the Federal Register and made available to the public on
the Internet website of the Department of the Treasury.
SEC. 6. INTERNATIONAL COOPERATION.
The President, acting through the Secretary of the Treasury, the
Secretary of State, or the head of any other appropriate Federal
department or agency, shall undertake negotiations with the government
of a foreign country to prohibit any direct or indirect investment in
the energy sector in Iran by any person that is controlled in fact by
that foreign country.
SEC. 7. EXTENSION OF THE IRAN AND LIBYA SANCTIONS ACT OF 1996.
Section 13(b) of the Iran and Libya Sanctions Act of 1996 (50
U.S.C. 1701 note) is amended by striking ``10'' and inserting ``15''. | Investor in Iran Accountability Act of 2005 - States that it is U.S. policy to: (1) enforce existing U.S. economic sanctions against Iran, including sanctions imposed under the Iran and Libya Sanctions Act of 1996 on persons who make certain investments that contribute to Iran's ability to develop its petroleum and natural gas resources; (2) make available to the public information regarding a U.S. or U.S.-controlled person who maintains any energy sector investment in Iran; and (3) seek international cooperation in enforcing economic sanctions against Iran and in prohibiting any investment in Iran until Iran ceases to support international terrorism.
Directs the Secretary of the Treasury to publish and update in the Federal Register, and make available on the Department of the Treasury's website, lists of specified U.S. or U.S.-controlled persons, foreign persons, investment companies, and pension plans that maintain investments in the Iranian energy sector.
Directs the President to undertake negotiations with the government of a foreign country to prohibit any investment in the Iranian energy sector by any person controlled by that foreign country.
Extends the Iran and Libya Sanctions Act of 1996. | {"src": "billsum_train", "title": "A bill to make information regarding certain investments in the energy sector in Iran available to the public, and for other purposes."} | 1,466 | 247 | 0.558613 | 1.683701 | 0.705435 | 4.043062 | 7.028708 | 0.933014 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Social Security
and Medicare Lock-Box Act''.
(b) Findings Regarding Social Security and Medicare Part A.--The
Congress finds the following:
(1)(A) Long term projections show serious problems facing
the fiscal health of the trust funds associated with Social
Security and Medicare Hospital Insurance.
(B) According to the 2012 Annual Report of the Board of
Trustees of the Federal Old-Age and Survivors Insurance and
Federal Disability Insurance Trust Funds, the assets of the
combined Federal Old Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund will be exhausted
by 2033, and the Disability Insurance Trust Fund alone will be
depleted by 2016.
(C) According to the 2012 Annual Report of the Board of
Trustees of the Federal Hospital Insurance and Federal
Supplementary Medical Insurance Trust Funds, the assets of the
Federal Hospital Insurance Trust Fund will be exhausted by
2024.
(2)(A) The Trustees of these trust funds strongly encourage
action to protect the solvency of the trust funds.
(B) In their message to the public, included in the 2012
Annual Reports, the Social Security and Medicare Boards of
Trustees wrote, ``Lawmakers should not delay addressing the
long-run financial challenges facing Social Security and
Medicare. If they take action sooner rather than later, more
options and more time will be available to phase in changes so
that the public has adequate time to prepare.''.
(3) Social Security and Medicare are meant to provide a
secure and stable base so that older Americans can live in
dignity.
(4) Protecting the future surpluses of these trust funds
can only occur when meaningful reform has been enacted by
Congress. Any path to solvency must include the protection of
future surpluses.
SEC. 2. INTERIM PROTECTIONS FOR SOCIAL SECURITY TRUST FUND SURPLUS.
Section 201(d) of the Social Security Act (42 U.S.C. 402(d)) is
amended--
(1) by striking ``It shall be the duty'' and inserting
``(1) Except as provided in paragraph (2), it shall be the
duty''; and
(2) by striking ``(1) on original issue at the issue price,
or (2)'' and inserting ``(A) on original issue at the issue
price, or (B)''; and
(3) by adding at the end the following new paragraph:
``(2)(A) There is established in the Federal Old-Age and Survivors
Insurance Trust Fund a Social Security Surplus Protection Account. As
soon as practicable after each fiscal year after fiscal year 2013, the
Managing Trustee shall transfer to the Account, from amounts otherwise
available in the Trust Fund, amounts equivalent to the social security
surplus for such fiscal year. Such amounts shall be transferred from
time to time to the Account, such amounts to be determined on the basis
of estimates by the Managing Trustee, and proper adjustments shall be
made in amounts subsequently transferred to the extent prior estimates
were in excess of or were less than the correct amount.
``(B) For purposes of subparagraph (A), the term `social security
surplus' means, for any fiscal year, the excess, if any, of--
``(i) the sum of--
``(I) the taxes imposed for such fiscal year by
chapter 21 (other than sections 3101(b) and 3111(b)) of
the Internal Revenue Code of 1986 with respect to wages
(as defined in section 3121 of such Code) reported to
the Secretary of the Treasury or his delegates pursuant
to subtitle F of such Code, as determined by the
Secretary of the Treasury by applying the applicable
rates of tax under such chapter 21 (other than sections
3101(b) and 3111(b)) to such wages, less the amounts
specified in clause (1) of subsection (b) of this
section for such fiscal year,
``(II) the taxes imposed by chapter 2 (other than
section 1401(b)) of the Internal Revenue Code of 1986
with respect to self-employment income (as defined in
section 1402 of such Code) reported to the Secretary of
the Treasury on tax returns under subtitle F of such
Code, as determined by the Secretary of the Treasury by
applying the applicable rate of tax under such chapter
(other than section 1401(b)) to such self-employment
income, less the amounts specified in clause (2) of
subsection (b) of this section for such fiscal year,
and
``(III) the amount equivalent to the aggregate
increase in tax liabilities under chapter 1 of the
Internal Revenue Code of 1986 which is attributable to
the application of sections 86 and 871(a)(3) of such
Code to payments from the Trust Fund, over
``(ii) the sum of--
``(I) benefits paid from the Trust Fund during the
fiscal year, and
``(II) amounts authorized to be made available from
the Trust Fund under subsection (g) of this section
which are paid from the Trust Fund during such fiscal
year.
``(C) Notwithstanding paragraph (1), the balance in the Account
shall not be available for investment by the Managing Trustee.
``(D)(i) The preceding provisions of this paragraph shall not apply
with respect to fiscal years commencing with or after the first fiscal
year, after fiscal year 2013, for which a provision of Federal law
takes effect and authorizes, for amounts in the Trust Fund, an
investment vehicle other than obligations of the United States
resulting in the transfer of Trust Fund assets to the general fund of
the Treasury.
``(ii) A provision of Federal law shall be deemed to meet the
requirements of clause (i) if such provision includes the following:
`This Act shall be considered to be a provision of Federal law meeting
the requirements of section 201(d)(2)(D)(i) of the Social Security
Act.'.''.
SEC. 3. INTERIM PROTECTIONS FOR MEDICARE PART A TRUST FUND SURPLUS.
(a) In General.--Section 1817(c) of the Social Security Act (42
U.S.C. 1395i(c)) is amended--
(1) by striking ``It shall be the duty'' and inserting
``(1) Except as provided in paragraph (2), it shall be the
duty'';
(2) by striking ``(1) on original issue at the issue price,
or (2)'' and inserting ``(A) on original issue at the issue
price, or (B)''; and
(3) by adding at the end the following new paragraph:
``(2)(A) There is established in the Federal Hospital Insurance
Trust Fund a Medicare Surplus Protection Account (in this paragraph
referred to as the `Account'). As soon as practicable after each fiscal
year after fiscal year 2013, the Managing Trustee shall transfer to the
Account, from amounts otherwise available in the Trust Fund, amounts
equivalent to the Medicare part A surplus for such fiscal year. Such
amounts shall be transferred from time to time to the Account, such
amounts to be determined on the basis of estimates by the Managing
Trustee, and proper adjustments shall be made in amounts subsequently
transferred to the extent prior estimates were in excess of or were
less than the correct amount.
``(B) For purposes of subparagraph (A), the term `Medicare part A
surplus' means, for any fiscal year, the excess, if any, of--
``(i) the sum of--
``(I) the taxes imposed for such fiscal year by
sections 3101(b) and 3111(b) of the Internal Revenue
Code of 1986 with respect to wages (as defined in
section 3121 of such Code) reported to the Secretary of
the Treasury or his delegates pursuant to subtitle F of
such Code, as determined by the Secretary of the
Treasury by applying the applicable rates of tax under
such sections to such wages; and
``(II) the taxes imposed by section 1401(b) of the
Internal Revenue Code of 1986 with respect to self-
employment income (as defined in section 1402 of such
Code) reported to the Secretary of the Treasury on tax
returns under subtitle F of such Code, as determined by
the Secretary of the Treasury by applying the
applicable rate of tax under such section 1401(b) to
such self-employment income; over
``(ii) the sum of--
``(I) benefits paid from the Trust Fund during the
fiscal year; and
``(II) amounts authorized to be made available from
the Trust Fund under subsection (f) of this section (or
section 201(g)) which are paid from the Trust Fund
during such fiscal year.
``(C) Notwithstanding paragraph (1), the balance in the Account
shall not be available for investment by the Managing Trustee.
``(D)(i) The preceding provisions of this paragraph shall not apply
with respect to fiscal years commencing with or after the first fiscal
year, after fiscal year 2013, for which a provision of Federal law
takes effect and authorizes, for amounts in the Trust Fund, an
investment vehicle other than obligations of the United States
resulting in the transfer of Trust Fund assets to the general fund of
the Treasury.
``(ii) A provision of Federal law shall be deemed to meet the
requirements of clause (i) if such provision includes the following:
`This Act shall be considered to be a provision of Federal law meeting
the requirements of section 1817(c)(2)(D)(i) of the Social Security
Act.'.''.
SEC. 4. SOCIAL SECURITY AND MEDICARE PART A INVESTMENT COMMISSION.
(a) Establishment.--There is established in the executive branch of
the Government a Social Security and Medicare Part A Investment
Commission (in this section referred to as the ``Commission'').
(b) Study and Report.--As soon as practicable after the date of the
enactment of this Act, the Commission shall conduct a study to
ascertain the most effective vehicles for investment of the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal Hospital
Insurance Trust Fund, other than investment in the form of obligations
of the United States resulting in the transfer of Trust Fund assets to
the general fund of the Treasury. Not later than October 1, 2014, the
Commission shall submit a report to the President and to each House of
the Congress setting forth its recommendations for such vehicles for
investment, together with proposals for such administrative and
legislative changes as the Commission determines necessary to authorize
and implement such recommendations.
(c) Composition.--The Commission shall be composed of--
(1) 3 members appointed by the President, of whom 1 shall
be designated by the President as Chairman;
(2) 2 members appointed by the Speaker of the House of
Representatives;
(3) 1 member appointed by the minority leader of the House
of Representatives;
(4) 2 members appointed by the majority leader of the
Senate; and
(5) 1 member appointed by the minority leader of the
Senate.
(d) Membership Requirements.--Members of the Commission shall have
substantial experience, training, and expertise in the management of
financial investments and pension benefit plans.
(e) Length of Appointments.--Members of the Commission shall serve
for the life of the Commission. A vacancy on the Commission shall be
filled in the manner in which the original appointment was made and
shall be subject to any conditions that applied with respect to the
original appointment.
(f) Administrative Provisions.--
(1) Meetings.--The Commission shall meet--
(A) not less than once during each month; and
(B) at additional times at the call of the
Chairman.
(2) Exercise of powers.--
(A) In general.--The Commission shall perform the
functions and exercise the powers of the Commission on
a majority vote of a quorum of the Commission. Three
members of the Commission shall constitute a quorum for
the transaction of business.
(B) Vacancies.--A vacancy on the Commission shall
not impair the authority of a quorum of the Commission
to perform the functions and exercise the powers of the
Commission.
(g) Compensation.--
(1) In general.--Each member of the Commission who is not
an officer or employee of the Federal Government shall be
compensated at the daily rate of basic pay for level IV of the
Executive Schedule for each day during which such member is
engaged in performing a function of the Commission.
(2) Expenses.--A member of the Commission shall be paid
travel, per diem, and other necessary expenses under subchapter
I of chapter 57 of title 5, United States Code, while traveling
away from such member's home or regular place of business in
the performance of the duties of the Commission.
(h) Termination.--The Commission shall terminate 90 days after the
date of the submission of its report pursuant to subsection (b). | Social Security and Medicare Lock-Box Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account to hold the Social Security surplus for the fiscal year of the sum of Social Security taxes collected, as well as the aggregate increase in certain tax liabilities, over the sum of benefits paid. Establishes in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account to hold amounts equivalent to the Medicare part A surplus for the fiscal year of the sum of hospital insurance taxes collected over the sum of Medicare part A benefits paid. Denies the availability of the balance in either Account for investment by the Managing Trustee. Establishes in the executive branch a Social Security and Medicare Part A Investment Commission to study the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund (other than investment in the form of U.S. obligations resulting in the transfer of Trust Fund assets to the general fund of the Treasury). | {"src": "billsum_train", "title": "Social Security and Medicare Lock-Box Act"} | 2,814 | 245 | 0.520515 | 1.56416 | 0.655972 | 4.84507 | 12.558685 | 0.929577 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Children's Human Rights
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Principle 9 of the Declaration of the Rights of the
Child proclaimed by the United Nations General Assembly on
November 20, 1959, states that ``. . .the child shall not be
admitted to employment before an appropriate minimum age; he
shall in no case be caused or permitted to engage in any
occupation or employment which would prejudice his health or
education, or interfere with his physical, mental, or moral
development. . .''.
(2) Article 2 of the International Labor Convention No. 138
Concerning Minimum Age For Admission to Employment states that
``The minimum age specified in pursuance of paragraph 1 of this
article shall not be less than the age of compulsory schooling
and, in any case, shall not be less than 15 years.''.
(3) According to the International Labor Organization, an
estimated 200,000,000 children under the age of 15 are working
in the world, many in dangerous industries like mining and
fireworks.
(4) Children under the age of 15 constitute approximately
11 percent of the workforce in some Asian countries, 17 percent
of the workforce in parts of Africa, and a reported 12 to 26
percent of the workforce in many countries in Latin America.
(5) The number of children under the age of 15 who are
working, and the scale of their suffering, increases every
year, despite the existence of more than 20 international labor
organization conventions on child labor and laws in many
countries which purportedly prohibit the employment of underage
children.
(6) In many countries, children under the age of 15 lack
either the legal standing or means to protect themselves from
exploitation in the workplace.
(7) The prevalence of child labor in many developing
countries is rooted in widespread poverty that is attributable
to unemployment and underemployment, precarious incomes, low
living standards, and insufficient education and training
opportunities among adult workers.
(8) The employment of children under the age of 15 commonly
deprives such children of the opportunity for basic education
and also denies gainful employment to millions of adults.
(9) The employment of children under the age of 15, often
at drastically low wages, undermines the stability of families
and ignores the importance of increasing jobs, aggregated
demand, and purchasing power among adults as a catalyst to the
development of internal markets and the achievement of broad-
based, self-reliant economic development in many developing countries.
SEC. 3. AMENDMENTS TO FOREIGN ASSISTANCE ACT OF 1961.
(a) Reporting Requirement.--Section 116(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the United States policy to establish and encourage
an international strategy to reduce violations of the human
rights of working children, including--
``(A) a description of the policies adopted,
agreements concluded, and programs implemented by the
Department of State and Department of Labor in pursuit
of their delegated responsibilities for reducing
worldwide violations of the human rights of working
children, for the fiscal year just ended, for the
current fiscal year, and for the next fiscal year,
including policy development, bilateral and
multilateral funding, and other support for projects
designed to reduce violations of the human rights of
working children; and
``(B) for each country that receives assistance
under this part, the report shall include--
``(i) a detailed status report on the use
of child labor within such country, noting
significant changes in conditions, such as
increases or decreases in the use of child
labor, and changes in the policy of such
country toward the use of child labor;
``(ii) a description of United States
assistance provided or proposed to be provided
to such country for the preceding fiscal year,
the current fiscal year, and for the next
fiscal year, with an analysis of the impact
that the furnishing of each kind of assistance
has had or is expected to have on the use of
child labor in the country;
``(iii) a description of the plans,
programs, and timetables adopted by such
country for the progressive elimination of the
use of child labor and a discussion of the
legal and law enforcement measures taken and
the accomplishments achieved in accord with
these plans; and
``(iv) a description of bribery of public
officials and other forms of public corruption
that facilitate violations of the human rights
of working children.''.
(b) Additional Requirements.--Such Act is further amended by adding
at the end of part I the following:
``Chapter 12--International Human Rights of Working Children
``SEC. 499. CONSULTATION REQUIREMENT.
``(a) In General.--As soon as possible after the transmittal of the
report required by section 116(d), the Secretary of State, in
conjunction with the Secretary of Labor, shall initiate appropriate
consultations with the appropriate congressional committees.
``(b) Additional Requirements.--Such consultations shall include
the following:
``(1) In-person discussions by designated representatives
of the President (including appropriate representatives from
the Department of Labor and Department of State) to review the
status worldwide of violations of the human rights of working
children and the role that United States assistance to those
countries violating the human rights of working children have
in combating the exploitation of children.
``(2) With respect to each country the President is
proposing to provide United States assistance for the next
year, the furnishing of--
``(A) a description of the nature of the violations
of the human rights of working children; and
``(B) an analysis of political, economic, and
social factors that affect violations of the human
rights of working children.
``SEC. 499A. CONGRESSIONAL HEARINGS.
``(a) In General.--After consultations have been initiated pursuant
to section 499, it is the sense of the Congress that the appropriate
congressional committees should hold hearings to review the human
rights of working children provisions of the report transmitted
pursuant to section 116(d).
``(b) Type of Hearings.--It is the further sense of the Congress
that the hearings described in subsection (a) should be open to the
public unless the appropriate congressional committees determine, in
accordance with the rules of the House of Representatives or the rules
of the Senate, as the case may be, that the hearings should be closed
to the public.
``SEC. 499B. ANNUAL CERTIFICATION PROCEDURES.
``(a) Determining Countries Violating the Human Rights of Working
Children.--
``(1) Certification.--
``(A) In general.--Subject to subparagraph (B), for
each fiscal year, any country that desires to receive
United States assistance shall certify to the Secretary
of State that such country--
``(i) has adopted and is enforcing laws
that guarantee--
``(I) a prohibition on the use of
any form of forced or compulsory child
labor;
``(II) a reasonable minimum age for
the employment of children; and
``(III) acceptable conditions of
work with respect to minimum wages,
hours of work, and occupational health
and safety relating to child labor; and
``(ii) has taken steps to prevent and
punish bribery of public officials and other
forms of public corruption which facilitate the
abuse of child labor laws.
``(B) Exception.--A country that does not meet the
requirements of subparagraph (A) for a fiscal year may
receive United States assistance for such fiscal year
if the President determines and certifies to the
Congress that it is in the vital national interest of
the United States to provide such assistance to such
country. The President shall include in any such
certification--
``(i) a full and complete description of
the vital national interest of the United
States that is placed at risk if such
assistance is not provided to such country; and
``(ii) a statement weighing the risk
described in clause (i) against the risk posed
to the vital national interest of the United
States by the failure of such country to adopt
laws respecting the human rights of working
children.
``(2) Review of certification.--
``(A) Discretionary review.--The Secretary of State
may review the certification of any country submitted
under paragraph (1)(A).
``(B) Review by petition.--
``(i) In general.--An individual may submit
to the Secretary a petition to review the
certification of any country submitted under
paragraph (1)(A).
``(ii) Acceptance of review.--If the
Secretary determines that a petition submitted
under clause (i) contains credible evidence
that a country submitted a certification under
paragraph (1)(A) in a fraudulent manner, or
that the country is not in compliance with any
of the requirements contained in such
paragraph, then the Secretary shall, not later
than 180 days after the receipt of such
petition, conduct a review of such
certification.
``(iii) Denial of review.--If the Secretary
determines that a petition submitted under
clause (i) does not contain credible evidence
that a country submitted a certification under
paragraph (1)(A) in a fraudulent manner, or
that the country is not in compliance with any
of the requirements contained in such
paragraph, then the Secretary shall, not later
than 180 days after the receipt of such
petition, provide the individual who submitted
the petition for review with the reasoning of
the decision to deny review of such
certification.
``(3) Revocation of certification.--
``(A) Revocation by secretary.--If the Secretary
determines, based upon a review conducted under
paragraph (2), that the country is not in compliance
with any of the requirements contained in paragraph
(1), then the Secretary shall revoke the certification
of such country.
``(B) Revocation by congress.--The Congress may
enact a joint resolution disapproving the certification
for a country submitted under subparagraph (A) or (B)
of paragraph (1).
``(b) Withholding of Assistance.--
``(1) Bilateral assistance.--50 percent of the United
States assistance allocated each fiscal year for each country
that has not been certified under subsection (a)(1), and for
each country for which a certification has been revoked under
subsection (a)(3), shall be withheld from obligation and
expenditure.
``(2) Multilateral assistance.--The Secretary of the
Treasury shall instruct the United States Executive Director of
each international financial institution to use the voice and
vote of the United States to oppose any loan or other
utilization of the funds of their respective institution to or
for any country that has not been certified under subsection
(a)(1) and for each country for which a certification has been
revoked under subsection (a)(3).
``SEC. 499C. DEFINITIONS.
``For purposes of this chapter, the following definitions apply:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on International Relations of
the House of Representatives; and
``(B) the Committee on Foreign Relations of the
Senate.
``(2) International financial institution.--The term
`international financial institution' means the International
Bank for Reconstruction and Development, the Inter-American
Development Bank, the Asian Development Bank, the African
Development Bank, the African Development Fund, the
International Monetary Fund, the European Bank for
Reconstruction and Development, and the International Finance
Corporation.
``(3) United states assistance.--The term `United States
assistance' means
``(A) any assistance under this Act (including
programs under title IV of chapter 2 of this part,
relating to the Overseas Private Investment
Corporation), other than--
``(i) disaster relief assistance, including
any assistance under chapter 9 of this part;
``(ii) assistance which involves the
provision of food (including monetization of
food) or medicine; and
``(iii) assistance for refugees;
``(B) sales, or financing on any terms, under the
Arms Export Control Act;
``(C) the provision of agricultural commodities,
other than food, under the Agricultural Trade
Development and Assistance Act of 1954; and
``(D) financing under the Export-Import Bank Act of
1945.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect beginning on the first day of the first fiscal year
beginning after the date of the enactment of this Act. | Working Children's Human Rights Act - Amends the Foreign Assistance Act of 1961 to include in the annual report to the Congress on the status of human rights in foreign countries slated to receive development assistance the U.S. policy to establish and encourage an international strategy to reduce worldwide violations of human rights of working children. Requires consultations with specified congressional committees as well as congressional hearings on the findings of such report.
Requires any country that desires to receive U.S. assistance to certify to the Secretary of State that it has: (1) adopted and is enforcing laws that guarantee a prohibition on the use of forced child labor; and (2) taken steps to prevent and punish bribery of public officials which facilitate the abuse of child labor laws. Requires the withholding of 50 percent of U.S. assistance allocated for each country that has not been certified or for which a certification has been revoked. Requires the Secretary of the Treasury to instruct the U.S. Executive Director of each international financial institution to oppose any loan to any country that has not been certified or for which a certification has been revoked.
Permits assistance to a non-certified country only if the President certifies to the Congress that it in the vital national interest to do so. | {"src": "billsum_train", "title": "Working Children's Human Rights Act"} | 2,816 | 284 | 0.437801 | 1.466241 | 0.653601 | 3.253165 | 11.421941 | 0.907173 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bangladeshi Adjustment Act''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF BANGLADESH.
(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Attorney General to
that of an alien lawfully admitted for permanent residence, if
the alien--
(A) applies for such adjustment before July 1,
2001; and
(B) is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
shall not apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition of submitting or granting such
application, to file a separate motion to reopen, reconsider,
or vacate such order. If the Attorney General grants the
application, the Attorney General shall cancel the order. If
the Attorney General renders a final administrative decision to
deny the application, the order shall be effective and
enforceable to the same extent as if the application had not
been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided by subsection (a)
shall apply to any alien who is a national of Bangladesh and
who has been physically present in the United States for a
continuous period, beginning not later than July 1, 1989, and
ending not earlier than the date the application for adjustment
under such subsection is filed, except an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in the aggregate not exceeding 180 days.
(2) Proof of commencement of continuous presence.--For
purposes of establishing that the period of continuous physical
presence referred to in paragraph (1) commenced not later than
July 1, 1989, an alien--
(A) shall demonstrate that the alien, prior to July
1, 1989--
(i) performed service, or engaged in a
trade or business, within the United States
which is evidenced by records maintained by the
Commissioner of Social Security; or
(ii) applied for any benefit under the
Immigration and Nationality Act by means of an
application establishing the alien's presence
in the United States prior to July 1, 1989; or
(B) shall make such other demonstration of physical
presence as the Attorney General may provide for by
regulation.
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal to seek a stay of such order based on the filing of
an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and has applied for
adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--The status of an alien shall be adjusted
by the Attorney General to that of an alien lawfully admitted
for permanent residence, if--
(A) the alien is a national of Bangladesh;
(B) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the case
of such an unmarried son or daughter, the son or
daughter shall be required to establish that they have
been physically present in the United States for a
continuous period, beginning not later than July 1,
1989, and ending not earlier than the date the
application for adjustment under this subsection is
filed;
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed;
(D) the alien is otherwise admissible to the United
States for permanent residence, except in determining
such admissibility the grounds for exclusion specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
shall not apply; and
(E) applies for such adjustment before July 1,
2001.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien--
(A) shall demonstrate that such period commenced
not later than July 1, 1989, in a manner consistent
with subsection (b)(2); and
(B) shall not be considered to have failed to
maintain continuous physical presence by reason of an
absence, or absences, from the United States for any
period in the aggregate not exceeding 180 days.
(e) Fee.--The Attorney General shall impose a fee of $1,000 on each
alien filing an application for adjustment of status under this
section.
(f) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(g) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section. Nothing contained in this
section shall be held to repeal, amend, alter, modify, affect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible. | Bangladeshi Adjustment Act - Provides for the permanent resident status adjustment of certain Bangladesh nationals residing in the United States. | {"src": "billsum_train", "title": "Bangladeshi Adjustment Act"} | 1,573 | 28 | 0.50091 | 1.245541 | 0.568678 | 1.809524 | 72.666667 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Know Your Caller Act of 2000''.
SEC. 2. PROHIBITION ON INTERFERENCE WITH CALLER IDENTIFICATION
SERVICES.
Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Prohibition on Interference With Caller Identification
Services.--
``(1) In general.--It shall be unlawful for any person or
entity within the United States, in making any telephone
solicitation, to interfere with or circumvent the ability of a
caller identification service to access or provide to the
recipient of the call the information about the call (as
required under the regulations issued under paragraph (2)) that
such service is capable of providing.
``(2) Regulations.--Not later than 6 months after the date
of the enactment of the Know Your Caller Act of 2000, the
Commission shall prescribe regulations to implement this
subsection which shall--
``(A) require any person or entity making a
telephone solicitation to make such solicitation in a
manner such that a recipient of such solicitation
having a caller identification service capable of
providing such information will be provided by such
service with--
``(i) the name of the person or entity on
whose behalf such solicitation is being made;
and
``(ii) a valid and working telephone number
at which the caller or the person or entity on
whose behalf such solicitation was made may be
reached during regular business hours for the
purpose of requesting that the recipient of
such solicitation be placed on the do-not-call
list required under section 64.1200 of the
Commission's regulations (47 CFR 64.1200) to be
maintained by the person making such
solicitation; and
``(B) provide that any person or entity who
receives a request from a person to be placed on such
do-not-call list may not use such person's name and
telephone number for any other telemarketing, mail
marketing, or other marketing purpose (including
transfer or sale to any other entity for marketing use)
other than enforcement of such list.
``(2) Private right of action.--A person or entity may, if
otherwise permitted by the laws or rules of court of a State,
bring in an appropriate court of that State--
``(A) an action based on a violation of this
subsection or the regulations prescribed under this
subsection to enjoin such violation;
``(B) an action to recover for actual monetary loss
from such a violation, or to receive $5,000 in damages
for each such violation, whichever is greater; or
``(C) both such actions.
If the court finds that the defendant willfully or knowingly
violated this subsection or the regulations prescribed under
this subsection, 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 subparagraph (B).
``(3) Definitions.--For purposes of this subsection:
``(A) Caller identification service.--The term
`caller identification service' means any service or
device designed to provide the user of the service or
device with the telephone number of an incoming
telephone call.
``(B) Telephone call.--The term `telephone call'
means any telephone call or other transmission which is
made to or received at a telephone number of any type
of telephone service. Such term includes calls made by
an automatic telephone dialing system, an integrated
services digital network, and a commercial mobile radio
source.''.
SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS.
(a) Effect on State Law.--Subsection (f)(1) of section 227 of the
Communications Act of 1934 (47 U.S.C. 227), as redesignated by section
2 of this Act, is further amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) in subparagraph (D), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(E) interfering with or circumventing caller
identification services.''.
(b) Actions by States.--The first sentence of subsection (g)(1) of
such section 227, as so redesignated, is further amended by inserting
after ``this section,'' the following: ``or has engaged or is engaging
in a pattern or practice of interfering with or circumventing caller
identification services of residents of that State in violation of
subsection (e) or the regulations prescribed under such
subsection,''.*ERR08* | Directs the Federal Communications Commission to prescribe regulations implementing such prohibition. Provides a cause of action for a person or entity, or a State attorney general on behalf of its residents, for violations of such prohibition or regulations. | {"src": "billsum_train", "title": "Know Your Caller Act of 2000"} | 1,073 | 49 | 0.432415 | 1.066545 | 0.495315 | 1.095238 | 23.642857 | 0.809524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rights of Intellectual Property
Owners Fairness Facilitation Act of 1997''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) United States industry loses billions of dollars each
year to countries that do not provide adequate protection of
intellectual property rights.
(2) According to the Department of Commerce, United States
companies lose approximately $50,000,000,000 annually as a
result of violations of intellectual property rights by foreign
countries.
(3) It is in the interest of the United States to leverage
its foreign policy to achieve certain trade policy objectives,
such as adequate, effective, and timely protection of
intellectual property rights.
(4) Several countries that qualify under the generalized
system of preferences provisions have been identified under
section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as
countries that do not provide adequate and effective protection
of patents, copyrights, and trademarks or deny fair and
equitable market access to United States persons that rely on
intellectual property rights protection.
(5) Several countries that receive United States foreign
assistance also have been identified under section 182 of the
Trade Act of 1974 as countries that do not provide adequate and
effective protection of patents, copyrights, and trademarks or
deny fair and equitable market access to United States persons
that rely on intellectual property rights protection.
SEC. 3. COUNTRIES INELIGIBLE FOR GSP TREATMENT.
(a) In General.--
(1) Implementation of agreement on trips and other
agreements relating to intellectual property rights.--Section
502(b)(2) of the Trade Act of 1974 (19 U.S.C. 2462(b)(2)) is
amended--
(A) by inserting immediately after subparagraph (G)
the following new subparagraphs:
``(H) Such country is not implementing parts I, II,
and III of the Agreement on TRIPS--
``(i) beginning on the date that is 1 year
after the date of enactment of the Rights of
Intellectual Property Owners Fairness
Facilitation Act of 1997; or
``(ii) by January 1, 2000, in the case of a
least-developed beneficiary developing country.
``(I) Beginning on the date that is 90 days after
the date of enactment of the Rights of Intellectual
Property Owners Fairness Facilitation Act of 1997, such
country is not implementing--
``(i) article 70(9) of part VII of the
Agreement on TRIPS; or
``(ii) any bilateral or multilateral
agreement (other than an agreement described in
subparagraph (H) or clause (i)) to protect and
enforce intellectual property rights entered
into with the United States.''.
(B) in the last sentence, by striking ``(D), (E),
(F), and (G)'' and inserting ``(D), (E), (F), (G), (H),
and (I)''.
(2) Conforming amendment.--Section 507 of such Act (19
U.S.C. 2467) is amended by adding at the end the following new
paragraph:
``(6) Agreement on trips.--
``(A) TRIPS.--The term `Agreement on TRIPS' means
the Agreement on Trade-Related Aspects of Intellectual
Property Rights entered into as part of the Uruguay
Round Agreements.
``(B) Uruguay round agreements.--The term `Uruguay
Round Agreements' means the trade agreements resulting
from the Uruguay Round of multilateral trade
negotiations under the auspices of the General
Agreement on Tariffs and Trade.''.
(b) Designation as Eligible GSP Country.--Section 502 of such Act
(19 U.S.C. 2462) is amended by adding at the end the following new
subsection:
``(g) Designation Where Country Adheres to the Agreement on TRIPS
and Other Intellectual Property Rights Agreements; Annual Reports.--
``(1) Designation as beneficiary developing country.--A
country--
``(A) which has been denied designation as a
beneficiary developing country on the basis of
subsection (b)(2)(H) or (I), or
``(B) with respect to which such designation has
been withdrawn or suspended based on subsection (b)(2)
(H) or (I),
may be designated as a beneficiary developing country under
this title, if the President determines that the country is
fully implementing parts I, II, III and article 70(9) of part
VII of the Agreement on TRIPS, and any other agreement entered
into with the United States that relates to intellectual
property rights, and reports the determination to Congress.
``(2) Reports.--
``(A) Annual reports.--Not later than the date that
is 1 year after the date of enactment of the Rights of
Intellectual Property Owners Fairness Facilitation Act
of 1997, and annually thereafter, the President shall
determine whether each country designated as a
beneficiary developing country under this title is
fully implementing parts I, II, and III of the
Agreement on TRIPS and shall report such findings to
Congress.
``(B) Other reports.--Not later than 90 days after
the date of enactment of the Rights of Intellectual
Property Owners Fairness Facilitation Act of 1997, and
annually thereafter, the President shall determine
whether each country designated as a beneficiary
developing country under this title is fully
implementing article 70(9) of part VII of the Agreement
on TRIPS and any other agreement entered into with the
United States that relates to intellectual property
rights and shall report such determination to
Congress.''.
SEC. 4. COORDINATION OF TRADE POLICY AND FOREIGN POLICY.
(a) Other Efforts To Improve Protection of Intellectual Property
Rights.--The United States Trade Representative shall notify the
Secretary of State, the Secretary of Commerce, and the Administrator of
the Agency for International Development on a regular basis of any
country which is not fully implementing parts I, II, III and article
70(9) of part VII of the Agreement on TRIPS, and any other agreement
entered into with the United States that relates to intellectual
property rights.
(b) Encouraging Implementation of Agreement on TRIPS.--The
Secretary of State, the Secretary of Commerce, and the Administrator of
the Agency for International Development shall cooperate with the
United States Trade Representative by encouraging any country that
receives foreign assistance and is not fully implementing the Agreement
on TRIPS or any other agreement entered into with the United States
that relates to intellectual property rights to enact and enforce laws
that will enable the country to implement the Agreement on TRIPS and
any other intellectual property rights agreement. To further this
objective, the Secretary of State shall instruct the head of each
United States diplomatic mission abroad to include intellectual
property rights protection as a priority objective of the mission.
(c) Other Actions To Encourage Protection of Intellectual Property
Rights.--Notwithstanding any other provision of law, the President is
authorized to undertake the following actions, where appropriate, with
respect to a developing country to encourage and help the country
improve the protection of intellectual property rights:
(1) Provide Overseas Private Investment Corporation
insurance for intellectual property assets.
(2) Require foreign assistance programs to provide support
for the development of national intellectual property laws and
regulations and for the development of the infrastructure
necessary to protect intellectual property rights.
(3) Establish technical cooperation committees on
intellectual property standards within regional organizations.
(4) Establish, as a joint effort between the United States
Government and the private sector, a council to facilitate and
provide intellectual property-related technical assistance
through the Agency for International Development and the
Department of Commerce.
(5) Require United States representatives to multilateral
lending institutions to seek the establishment of programs
within the institutions to support strong intellectual property
rights protection in recipient countries that have fully
implemented parts I, II, III and article 70(9) of part VII of
the Agreement on TRIPS, and any other agreement entered into
with the United States that relates to intellectual property
rights.
(d) Definitions.--In this section:
(1) Agreement on trips.--The term ``Agreement on TRIPS''
means the Agreement on Trade-Related Aspects of Intellectual
Property Rights entered into as part of the trade agreements
resulting from the Uruguay Round of multilateral trade
negotiations under the auspices of the General Agreement on
Tariffs and Trade.
(2) Developing country.--The term ``developing country''
means any country which is--
(A) eligible to be designated a beneficiary
developing country pursuant to title V of the Trade Act
of 1974 (19 U.S.C. 2461 et seq.); or
(B) designated as a least-developed beneficiary
developing country pursuant to section 502 of such Act
(19 U.S.C. 2462). | Rights of Intellectual Property Owners Fairness Facilitation Act of 1997 - Amends the Trade Act of 1974 to prohibit the President from designating a country a beneficiary developing country (BDC) eligible for trade benefits under the generalized system of preferences if such country is not implementing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) or other intellectual property rights agreements within a specified period of time. Authorizes designation as a BDC of any country that has been denied such designation, or has had it withdrawn or suspended, if the President determines that the country is fully implementing TRIPS and other such agreements.
Directs the U.S. Trade Representative to notify the Secretary of State, the Secretary of Commerce, and the Administrator of the Agency for International Development of any country which is not implementing TRIPS and other such agreements. Requires such officials, and authorizes the President, to take specified actions to encourage countries to implement TRIPS and other such agreements. | {"src": "billsum_train", "title": "Rights of Intellectual Property Owners Fairness Facilitation Act of 1997"} | 1,918 | 217 | 0.611375 | 1.839973 | 0.762147 | 3.866667 | 9.883333 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guard and Reserve Readiness and
Retention Act of 2005''.
SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.
(a) Age and Service Requirements.--Subsection (a) of section 12731
of title 10, United States Code, is amended to read as follows:
``(a)(1) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under section 12739
of this title, if the person--
``(A) satisfies one of the combinations of requirements for
minimum age and minimum number of years of service (computed
under section 12732 of this title) that are specified in the
table in paragraph (2);
``(B) performed the last six years of qualifying service
while a member of any category named in section 12732(a)(1) of
this title, but not while a member of a regular component, the
Fleet Reserve, or the Fleet Marine Corps Reserve, except that
in the case of a person who completed 20 years of service
computed under section 12732 of this title before October 5,
1994, the number of years of qualifying service under this
subparagraph shall be eight; and
``(C) is not entitled, under any other provision of law, to
retired pay from an armed force or retainer pay as a member of
the Fleet Reserve or the Fleet Marine Corps Reserve.
``(2) The combinations of minimum age and minimum years of service
required of a person under subparagraph (A) of paragraph (1) for
entitlement to retired pay as provided in such paragraph are as
follows:
The minimum years of
service required for that
Age, in years, is at least: age is:
53..................................................... 34
54..................................................... 32
55..................................................... 30
56..................................................... 28
57..................................................... 26
58..................................................... 24
59..................................................... 22
60..................................................... 20''.
(b) 20-Year Letter.--Subsection (d) of such section is amended by
striking ``the years of service required for eligibility for retired
pay under this chapter'' in the first sentence and inserting ``20 years
of service computed under section 12732 of this title.''.
(c) Effective Date.--This section and the amendments made by this
subsection (a) shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act and shall
apply with respect to retired pay payable for that month and subsequent
months.
SEC. 3. EXPANDED ELIGIBILITY OF SELECTED RESERVE MEMBERS UNDER TRICARE
PROGRAM.
(a) General Eligibility.--Subsection (a) of section 1076d of title
10, United States Code, is amended--
(1) by striking ``(a) Eligibility.--A member'' and
inserting ``(a) Eligibility.--(1) Except as provided in
paragraph (2), a member'';
(2) by striking ``after the member completes'' and all that
follows through ``one or more whole years following such
date''; and
(3) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a member who is enrolled, or
is eligible to enroll, in a health benefits plan under chapter 89 of
title 5.''.
(b) Condition for Termination of Eligibility.--Subsection (b) of
such section is amended by striking ``(b) Period of Coverage.--(1)
TRICARE Standard'' and all that follows through ``(3) Eligibility'' and
inserting ``(b) Termination of Eligibility Upon Termination of
Service.--Eligibility''.
(c) Conforming Amendments.--
(1) Such section is further amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (g) as subsection
(e) and transferring such subsection within such
section so as to appear following subsection (d).
(2) The heading for such section is amended to read as
follows:
``Sec. 1076d. TRICARE program: TRICARE standard coverage for members of
the selected reserve''.
(d) Repeal of Obsolete Provision.--Section 1076b of title 10,
United States Code, is repealed.
(e) Clerical Amendments.--The table of sections at the beginning of
chapter 55 of title 10, United States Code, is amended--
(1) by striking the item relating to section 1076b; and
(2) by striking the item relating to section 1076d and
inserting the following:
``1076d. TRICARE program: TRICARE Standard coverage for members of the
Selected Reserve.''.
(f) Savings Provision.--Enrollments in TRICARE Standard that are in
effect on the day before the date of the enactment of this Act under
section 1076d of title 10, United States Code, as in effect on such
day, shall be continued until terminated after such day under such
section 1076d as amended by this section. | Guard and Reserve Readiness and Retention Act of 2005 - Makes an individual eligible for retired pay for non-regular (reserve) military service if such individual: (1) satisfies one of specified combinations of minimum age (between 53 and 60) and years of service (between 20 and 34); (2) performed the last six years of qualifying service in currently authorized categories of military service, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and (3) is not entitled to any other retirement pay from an armed force or as a member of the Fleet Reserve or Fleet Marine Corps Reserve.
Authorizes a member of the Selected Reserve to enroll for self or self and family coverage under the TRICARE program (a Department of Defense managed health care program). | {"src": "billsum_train", "title": "To amend title 10, United States Code, to revise the age and service requirements for eligibility to receive retired pay for non-regular service; to expand certain authorities to provide health care benefits for Reserves and their families, and for other purposes."} | 1,167 | 175 | 0.524353 | 1.344529 | 0.745703 | 3.94375 | 6.41875 | 0.88125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Election Systems from
Foreign Control Act''.
SEC. 2. ENSURING NO FOREIGN OWNERSHIP OR INFLUENCE ON VOTING SYSTEMS.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21083 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. ENSURING NO FOREIGN OWNERSHIP OR CONTROL OVER VOTING
SYSTEMS.
``(a) Requiring Vendors To Be Qualified.--Each State, unit of local
government, or component of a State or unit of local government which
is responsible for the administration of an election for Federal office
shall ensure that each vendor who provides, supports, or maintains any
component of a voting system used in the administration of the election
is a qualified voting systems vendor.
``(b) Annual Evaluation To Ensure Compliance.--Each State, unit of
local government, or component of a State or unit of local government
which is responsible for the administration of an election for Federal
office shall, not less frequently than once each calendar year,
evaluate each of the vendors who provide, support, or maintain any
component of a voting system used in the administration of the election
to ensure that the vendor is a qualified voting system vendor.
``(c) Cybersecurity Best Practices.--Not later than 90 days after
the date of the enactment of this section, the Chair of the Commission
and the Secretary of Homeland Security shall establish and publish
cybersecurity best practices for vendors who provide, support, or
maintain voting systems, and shall establish and publish updates to
such best practices at such times as the Chair and the Secretary
consider appropriate.
``(d) Guidance and Technical Assistance.--
``(1) In general.--The Chair of the Commission and the
Secretary of Homeland Security may provide such guidance and
technical assistance as may be appropriate to assist each
State, unit of local government, or component of a State or
unit of local government which is responsible for the
administration of an election for Federal office with its
obligations under this section.
``(2) Database of qualified vendors.--As part of providing
guidance and technical assistance under this subsection, the
Commission shall establish and maintain a database in which
each State, unit of local government, or component of a State
or unit of local government which is responsible for the
administration of an election for Federal office can verify
whether a vendor is a qualified voting systems vendor.
``(e) Qualified Voting Systems Vendor Defined.--
``(1) In general.--In this section, the term `qualified
voting system vendor' means a person who provides, supports, or
maintains, or seeks to provide, support, or maintain, a voting
system used in the administration of an election for Federal
office who meets each of the following criteria, as established
and published by the Chair of the Commission in coordination
with the Secretary of Homeland Security:
``(A) Except as provided in paragraph (2), the
person is solely owned and controlled by a citizen or
citizens of the United States.
``(B) The person discloses any sourcing outside the
United States for any parts of the voting system to the
Chair of the Commission, the Secretary of Homeland
Security, and the chief State election official of any
State in which the vendor provides or seeks to provide
goods or services with respect to the voting system.
``(C) The person discloses any material change in
its ownership or control to the Chair of the
Commission, the Secretary of Homeland Security, and the
chief State election official of any State in which the
vendor provides goods or services with respect to the
voting system.
``(D) The person agrees to ensure that the voting
systems will be developed and maintained in a manner
that is consistent with the cybersecurity best
practices established under subsection (c).
``(E) The person agrees to maintain its information
technology infrastructure in a manner that is
consistent with the cybersecurity best practices
established under subsection (c).
``(F) The vendor shall report any known or
suspected security incidents involving voting systems
to the chief State election official of the State
involved or the official's designee, the Chair, and the
Secretary.
``(2) Permitting waiver of domestic ownership requirement
for certain subsidiaries.--The Secretary of Homeland Security
may waive the requirement of subparagraph (A) of paragraph (1)
with respect to a person who is a United States subsidiary of a
parent company which has implemented a foreign ownership,
control, or influence mitigation plan that has been approved by
the Secretary. Such plan shall ensure that the parent company
cannot control, influence, or direct the subsidiary in any
manner that would compromise or influence, or give the
appearance of compromising or influencing, the independence and
integrity of an election.
``(f) Voting System Defined.--In this section, the term `voting
system' has the meaning given such term in section 301(b).''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(c) Clerical Amendments.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Ensuring no foreign ownership or control over voting
systems.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections for Federal office held in 2020 or any
succeeding year. | Protect Election Systems from Foreign Control Act This bill amends the Help America Vote Act of 2002 to require state and local governments to ensure that vendors who provide, support, or maintain any component of a voting system used in a federal election are solely owned and controlled by citizens, unless the Department of Homeland Security (DHS) grants the vendor a waiver. Vendors must disclose any sourcing of parts from outside the United States or material changes in ownership or control. The Federal Election Commission and DHS shall publish cybersecurity best practices for vendors. Voting systems and vendor information technology infrastructure must be developed and maintained in a manner consistent with the best practices. Vendors must report suspected security incidents. | {"src": "billsum_train", "title": "Protect Election Systems from Foreign Control Act"} | 1,321 | 150 | 0.604736 | 1.769171 | 0.727363 | 3.183206 | 9.282443 | 0.877863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earned Income Credit Information Act
of 2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress hereby finds:
(1) President Gerald Ford and Congress created the earned
income credit (EIC) in 1975 to offset the adverse effects of
Social Security and Medicare payroll taxes on working poor
families and to encourage low-income workers to seek employment
rather than welfare.
(2) President Ronald Reagan described the earned income
credit as ``the best anti-poverty, the best pro-family, the
best job-creation measure to come out of Congress.''
(3) Over the last 30 years, the EIC program has grown into
the largest Federal anti-poverty program in the United States.
In 2005, 22.8 million tax filers received $42.4 billion in tax
credits through the EIC program.
(4) In 2007, the EIC provided a maximum Federal benefit of
$4,716 for families with 2 or more children, $2,853 for
families with a single child, and $428 for a taxpayer with no
qualifying children.
(5) Based on analysis conducted by the General
Accountability Office, 25 percent of those eligible to receive
the EIC do not take advantage of the tax benefit.
(6) Based on analysis conducted by the Joint Economic
Committee, working Americans may have lost out on approximately
$8 billion in unclaimed earned income credits in 2004.
(7) In response to a study by the California Franchise Tax
Board that found that there were approximately 460,000
California families that qualified, but did not file, for the
EIC, Governor Arnold Schwarzenegger signed into law Assembly
Bill 650, the Earned Income Tax Credit Information Act, on
October 13, 2007. The law requires that California employers
notify employees of their potential eligibility for the EIC.
(8) In order to ensure that tax benefits designed to assist
working Americans reach the maximum number of people, the
Federal Government should enact a similar law.
(b) Purpose.--The purpose of this Act is to inform the greatest
possible number of Americans about their potential eligibility for the
earned income credit in a way that is neither costly nor burdensome for
employers or the Government.
SEC. 3. EMPLOYER NOTIFICATION OF AVAILABILITY OF EARNED INCOME CREDIT.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7529. EMPLOYER NOTIFICATION OF AVAILABILITY OF EARNED INCOME
CREDIT.
``(a) In General.--Every employer required to provide a statement
under section 6051 (relating to W-2 statements) to a potential EIC-
eligible employee shall provide to such employee the notice described
in subsection (c).
``(b) Potential EIC-Eligible Employee.--For purposes of this
section, the term `potential EIC-eligible employee' means any
individual whose annual wages from the employer are less than the
amount of earned income (as defined in section 32(c)(2)) at which the
credit under section 32(a) phases out for an individual described in
section 32(c)(1)(A)(ii) (or such other amount as may be prescribed by
the Secretary).
``(c) Contents of Notice.--
``(1) In general.--The notice required by subsection (a)
shall be--
``(A) a copy of Internal Revenue Service Notice 797
or any successor notice, or
``(B) a notice stating: `Based on your annual
earnings, you may be eligible to receive the earned
income credit from the Federal Government. The earned
income credit is a tax credit for certain working
individuals and families. In 2008, earned income credit
benefits are available for taxpayers with earnings up
to $38,646 ($41,646 if married filing jointly).
Eligibility and benefit amounts vary according to
filing status (single or married), number of qualifying
children, and other sources of income. For example, in
2008, earned income credit benefits are available for
childless taxpayers earning less than $15,880,
taxpayers with 1 child earning less than $36,995, and
taxpayers with 2 or more children earning less than
$41,646. In most cases, earned income credit payments
will not be used to determine eligibility for Medicaid,
supplemental security income, food stamps, low-income
housing or most temporary assistance for needy families
programs. Even if you do not owe Federal taxes, you may
qualify, but must file a tax return to receive the
earned income credit. For information regarding your
eligibility to receive the earned income credit,
contact the Internal Revenue Service by calling 1-800-
829-1040 or through its web site at www.irs.gov. The
Volunteer Income Tax Assistance (VITA) program provides
free tax preparation assistance to individuals under
the above income limits. Call the IRS at 1-800-906-9887
to find sites in your area.'.
``(2) Years after 2008.--In the case of the notice in
paragraph (1)(B) for taxable years beginning in a calendar year
after 2008--
``(A) such calendar year shall be substituted for
`2008',
``(B) the lowest amount of earned income for a
taxpayer with no qualifying children at which the
credit phases out under section 32(a)(2)(B) for taxable
years beginning in such calendar year shall be
substituted for `$15,880',
``(C) the lowest amount of earned income for a
taxpayer with 1 qualifying child at which the credit
phases out under section 32(a)(2)(B) for such taxable
years shall be substituted for `$36,995', and
``(D) the lowest amount of earned income for a
taxpayer with 2 or more qualifying children at which
the credit phases out under section 32(a)(2)(B) for
such taxable years shall be substituted for `$41,646'.
``(d) Exemption for Small Employers.--
``(1) In general.--An employer shall not be required to
provide notices under this section during any calendar year if
the employer employed an average of 25 or fewer employees on
business days during the preceding calendar year. For purposes
of the preceding sentence, a preceding calendar year may be
taken into account only if the employer was in existence
throughout such year.
``(2) 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 under paragraph (1)
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.
``(3) Special rules.--
``(A) Controlled groups.--For purposes of this
subsection, all persons treated as a single employer
under subsection (b), (c), (m), or (o) of section 414
shall be treated as 1 employer.
``(B) Predecessors.--Any reference in this
subsection to an employer shall include a reference to
any predecessor of such employer.
``(e) Timing of Notice.--The notice required by subsection (a)
shall be provided to each employee at the same time the employer
statement is furnished to each such employee under section 6051.
``(f) Manner of Providing Notice.--The notice required by
subsection (a) shall be provided either by hand or by mail to the
address used to provide the statement under section 6051 to the
employee.''.
(b) Penalty for Failure To Provide Notice.--Section 6724(d)(2) of
such Code is amended by striking ``or'' at the end of subparagraph
(BB), by striking the period at the end of subparagraph (CC) and
inserting ``, or'', and by inserting after subparagraph (CC) the
following new subparagraph:
``(DD) section 7529 (relating to employer
notification of availability of earned income
credit).''.
(c) Clerical Amendment.--The table of sections for such chapter 77
is amended by adding at the end the following new item:
``Sec. 7529. Employer notification of availability of earned income
credit.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to statements required to be provided under section
6051 of the Internal Revenue Code of 1986 more than 180 days after the
date of the enactment of this Act. | Earned Income Credit Information Act of 2008 - Amends the Internal Revenue Code to require certain employers (with more than 25 employees) to provide their employees with a notice explaining the earned income tax credit and eligibility rules for such credit. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to require employers to notify their employees of the availability of the earned income credit."} | 1,895 | 51 | 0.43312 | 1.050464 | 0.887375 | 2.363636 | 39.318182 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Administrative
Simplification Act of 1993''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the Uniform Claim
Commission.
SEC. 3. DUTY.
The Commission shall develop a universal paper claims processing
form containing standard data elements for use by all health service
providers that furnish services for which a claim may be submitted
under a Federal program that provides for payments for health care
services. The Commission shall develop such form in a manner that will
permit the form to serve as a model for claims processing forms used in
the private sector.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 17
members appointed by the director of the Office of Technology
Assessment not later than 120 days after the date of the enactment of
this Act. The members of the Commission shall be appointed from among
individuals with expertise in health care claims administration,
enrollment and eligibility administration, health care financial
management, health care reimbursement, and other related fields. The
Commission shall include individuals from various geographic areas of
the United States, representatives from public and private health
benefit plans involved in payment under such plans, administrators of
such plans, and health service providers.
(b) Terms.--Each member shall be appointed for the life of the
Commission.
(c) Vacancies.--A vacancy in the Commission shall be filled not
later than 30 days after the date of the creation of the vacancy in the
manner in which the original appointment was made.
(d) Compensation.--
(1) Rates of pay.--Except as provided in paragraph (2),
members of the Commission shall serve without pay.
(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Quorum.--11 members of the Commission shall constitute a
quorum, but a lesser number may hold hearings, take testimony, or
receive evidence.
(f) Chairperson.--The chairperson of the Commission shall be
elected by a majority vote of the members of the Commission.
(g) Meetings.--The Commission shall meet at the call of the
chairperson of the Commission.
SEC. 5. STAFF AND SUPPORT SERVICES.
(a) Director.--The Commission shall have a director appointed by
the Commission and paid at a rate not to exceed the maximum rate of
basic pay payable for GS-9 of the General Schedule.
(b) Staff.--The Commission may appoint and fix the pay of
additional personnel as it considers appropriate, except that--
(1) not more than 2 individuals may be appointed under this
subsection; and
(2) an individual so appointed may not receive pay in
excess of the maximum rate of basic pay payable for GS-7 of the
General Schedule.
(c) Applicability 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 as
provided in subsections (a) and (b).
(d) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal agency may detail, on a nonreimbursable basis, any
of the personnel of the agency to the Commission to assist it in
carrying out its duties under this Act.
(e) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-12 of
the General Schedule.
(f) Administrative Support Services.--The Administrator of General
Services shall provide to the Commission on a reimbursable basis such
administrative support services necessary for the Commission to carry
out its responsibilities under this Act.
SEC. 6. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action that the
Commission is authorized to take by this section.
(c) Information.--
(1) In general.--The Commission may secure directly from
any Federal agency information necessary to enable it to carry
out this Act. Upon request of the Commission, the head of the
Federal agency shall furnish the information to the Commission.
(2) Exception.--Paragraph (1) shall not apply to any
information that the Commission is prohibited to secure or
request by another law.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
(f) Publication in Federal Register.--The Commission may publish a
notice and request for comments in the Federal Register in the same
manner as a Federal agency.
SEC. 7. PROMULGATION OF UNIFORM CLAIMS PROCESSING FORM.
(a) Development of Preliminary Form.--The Commission shall develop
a preliminary version of the form required to be developed under
section 3 not later than the expiration of the 6-month period beginning
on the date of the appointment of the last member of the Commission to
be appointed under section 4(a).
(b) Publication.--The Commission shall publish a copy of the
preliminary version of the form required to be developed under
subsection (a) in the Federal Register, along with a notice of the
comment period established in subsection (c) and a request for
comments, promptly after the date on which such preliminary version is
completed.
(c) Comment Period.--The Commission may receive comments concerning
the preliminary version of the form required to be developed under
subsection (a) during the 30-day period beginning on the date the
preliminary version appears in the Federal Register.
(d) Revision of Form and Final Report.--Not later than the
expiration of the 30-day period beginning on the date following the
closing date of the comment period under subsection (c), the Commission
shall--
(1) revise the preliminary version of the form required to
be developed under subsection (a), taking into consideration
any comments received pursuant to subsection (c);
(2) develop a final version of the form required to be
developed under section 3; and
(3) submit to the Congress, the Secretary of Health and
Human Services, the Secretary of Defense, and the Secretary of
Veterans Affairs a report containing--
(A) a copy of the final version of the form;
(B) a summary of the activities of the Commission;
and
(C) any other findings, conclusions, or
recommendations that the Commission determines to be
appropriate.
SEC. 8. TERMINATION.
The Commission shall terminate not later than the expiration of the
30-day period beginning on the date on which the Commission submits its
report under section 7.
SEC. 9. PROMULGATION OF REGULATIONS CONCERNING UNIFORM CLAIMS
PROCESSING FORM.
(a) Notice of Regulations.--Promptly upon receipt of the report
submitted under section 7(d), the Secretary of Health and Human
Services, the Secretary of Defense, and the Secretary of Veterans
Affairs each shall publish in the Federal Register a notice of
rulemaking in which the Secretary announces the promulgation of a
regulation that will--
(1) take effect 90 days after the date of the publication
of the notice; and
(2) require all health service providers that furnish
health care services for which a claim for payment may be
submitted under a Federal program within the jurisdiction of
the Secretary to submit any such claim using the universal
paper claims processing form developed by the Commission under
section 3.
(b) Promulation and Implementation of Regulations.--The Secretary
of Health and Human Services, the Secretary of Defense, and the
Secretary of Veterans Affairs each shall promulgate and implement a
regulation described in subsection (a).
SEC. 10. FUNDING.
From funds appropriated for salaries and expenses with respect to
the Department of Health and Human Services for fiscal year 1995, the
Secretary of Health and Human Services shall expend such amounts as may
be necessary to ensure that the Commission is able to carry out its
duties under this Act, except that such amounts shall not exceed
$500,000.
SEC. 11. DEFINITIONS.
For purposes of this Act:
(1) Commission.--The term ``Commission'' means the Uniform
Claims Commission established by section 2.
(2) Health service provider.--The term ``health service
provider'' includes a provider of services (as defined in
section 1861(u) of the Social Security Act), physician,
supplier, and other person furnishing health care services but
does not include a Federal program that provides directly for
the provision of health care services to beneficiaries.
SEC. 12. BUDGET COMPLIANCE.
Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
651(c)(2)(A))) authorized by this Act shall be effective only to such
extent or in such amounts as are provided in appropriation Acts. | Health Care Administrative Simplification Act of 1993 - Establishes the Uniform Claim Commission which shall develop a universal paper claims processing form containing standard data elements for use by all health service providers that furnish services for which a claim may be submitted under a Federal program that provides payments for health care services. Terminates the Commission after it develops the form. Provides funding for the Commission from funds appropriated to the Department of Health and Human Services for FY 1995 salaries and expenses. | {"src": "billsum_train", "title": "Health Care Administrative Simplification Act of 1993"} | 2,133 | 102 | 0.596615 | 1.536658 | 0.758535 | 5.382022 | 22.179775 | 0.932584 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Regulatory Overreach To
Enhance Care Technology Act of 2014'' or the ``PROTECT Act of 2014''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds as follows:
(1) The mobile health and mobile application economy was
created in the United States and is now being exported
globally, with the market expected to exceed $26,000,000,000 by
2017.
(2) The United States mobile application economy is
responsible for nearly 500,000 new jobs in the United States.
(3) Consumer health information technologies, including
smart phones and tablets, have the potential to transform
health care delivery through reduced systemic costs, improved
patient safety, and better clinical outcomes.
(4) Clinical and health software innovation cycles evolve
and move faster than the existing regulatory approval
processes.
(5) Consumers and innovators need a new risk-based
framework for the oversight of clinical and health software
that improves on the framework of the Food and Drug
Administration.
(6) A working group convened jointly by the Food and Drug
Administration, the Federal Communications Commission, and the
Office of the National Coordinator for Health Information
Technology identified in a report that there are several major
barriers to the effective regulation of health information
technology that cannot be alleviated without changes to
existing law.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President and Congress must intervene to facilitate
interagency coordination across regulators that focuses agency
efforts on fostering health information technology and mobile
health innovation while better protecting patient safety,
improving health care, and creating jobs in the United States;
(2) the President and the Congress should work together to
develop and enact legislation that establishes a risk-based
regulatory framework for such clinical software and health
software that reduces regulatory burdens, fosters innovation,
and, most importantly, improves patient safety;
(3) The National Institute of Standards and Technology
should be the Federal agency that has oversight over technical
standards used by clinical software; and
(4) The National Institute of Standards and Technology, in
collaboration with the Federal Communications Commission, the
National Patient Safety Foundation, and the Office of the
National Coordinator for Health Information Technology, should
work on next steps, beyond current oversight efforts, regarding
health information technology, such as collaborating with
nongovernmental entities to develop certification processes and
to promote best practice standards.
SEC. 3. CLINICAL SOFTWARE AND HEALTH SOFTWARE.
(a) Definitions.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(ss)(1) The term `clinical software' means clinical decision
support software or other software (including any associated hardware
and process dependencies) intended for human or animal use that--
``(A) captures, analyzes, changes, or presents patient or
population clinical data or information and may recommend
courses of clinical action, but does not directly change the
structure or any function of the body of man or other animals;
and
``(B) is intended to be marketed for use only by a health
care provider in a health care setting.
``(2) The term `health software' means software (including any
associated hardware and process dependencies) that is not clinical
software and--
``(A) that captures, analyzes, changes, or presents patient
or population clinical data or information;
``(B) that supports administrative or operational aspects
of health care and is not used in the direct delivery of
patient care; or
``(C) whose primary purpose is to act as a platform for a
secondary software, to run or act as a mechanism for
connectivity, or to store data.
``(3) The terms `clinical software' and `health software' do not
include software--
``(A) that is intended to interpret patient-specific device
data and directly diagnose a patient or user without the
intervention of a health care provider;
``(B) that conducts analysis of radiological or imaging
data in order to provide patient-specific diagnostic and
treatment advice to a health care provider;
``(C) whose primary purpose is integral to the function of
a drug or device; or
``(D) that is a component of a device.''.
(b) Prohibition.--Subchapter A of chapter V of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at
the end the following:
``SEC. 524B. CLINICAL SOFTWARE AND HEALTH SOFTWARE.
``Clinical software and health software shall not be subject to
regulation under this Act.''.
SEC. 4. EXCLUSION FROM DEFINITION OF DEVICE.
Section 201(h) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(h)) is amended by adding at the end ``The term `device' does
not include clinical software or health software.''. | Preventing Regulatory Overreach To Enhance Care Technology Act of 2014 or the PROTECT Act of 2014 - Expresses the sense of Congress concerning: interagency coordination to foster health information technology and mobile health innovation, development of legislation to establish a risk-based regulatory framework for clinical software and health software, oversight by the National Institute of Standards and Technology (NIST) of technical standards used by clinical software, and work by NIST on next steps regarding health information technology, such as collaborating with nongovernmental entities to develop certification processes and to promote best practice standards. Excepts clinical software and health software from regulation under the Federal Food, Drug, and Cosmetic Act and excludes the terms from the meaning of "device." Defines "clinical software" as clinical decision support software or other software intended for human or animal use that: (1) captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body; and (2) is intended to be marketed for use only by a health care provider in a health care setting. Defines "health software" as software: (1) that captures, analyzes, changes, or presents patient or population clinical data or information; (2) that supports administrative or operational aspects of health care and is not used in the direct delivery of patient care; or (3) whose primary purpose is to act as a platform for a secondary software, to run or act as a mechanism for connectivity, or to store data. | {"src": "billsum_train", "title": "Preventing Regulatory Overreach To Enhance Care Technology Act of 2014"} | 1,120 | 345 | 0.625846 | 2.204726 | 0.951305 | 5.963816 | 3.457237 | 0.924342 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Generating Reinvestment
Opportunities With America's Small Businesses Act of 2009'' or the
``GROW America's Small Businesses Act of 2009''.
SEC. 2. DEFERRED PAYMENT OF TAX BY CERTAIN SMALL BUSINESSES.
(a) In General.--Subchapter B of chapter 62 of the Internal Revenue
Code of 1986 (relating to extensions of time for payment of tax) is
amended by adding at the end the following new section:
``SEC. 6168. EXTENSION OF TIME FOR PAYMENT OF TAX FOR CERTAIN SMALL
BUSINESSES.
``(a) In General.--An eligible small business may elect to pay the
tax imposed by chapter 1 in 4 equal installments.
``(b) Limitation.--The maximum amount of tax which may be paid in
installments under this section for any taxable year shall not exceed
whichever of the following is the least:
``(1) The tax imposed by chapter 1 for the taxable year.
``(2) The amount contributed by the taxpayer into a GROW
Account during such year.
``(3) The excess of $275,000 over the aggregate amount of
tax for which an election under this section was made by the
taxpayer (or any predecessor) for all prior taxable years.
``(c) Eligible Small Business.--For purposes of this section--
``(1) In general.--The term `eligible small business'
means, with respect to any taxable year, any person if--
``(A) such person meets the active business
requirements of section 1202(e) throughout such taxable
year,
``(B) the taxpayer has gross receipts of
$12,000,000 or less for the taxable year,
``(C) the gross receipts of the taxpayer for such
taxable year are at least 10 percent greater than the
average annual gross receipts of the taxpayer (or any
predecessor) for the 2 prior taxable years, and
``(D) the taxpayer uses an accrual method of
accounting.
``(2) Certain rules to apply.--Rules similar to the rules
of paragraphs (2) and (3) of section 448(c) shall apply for
purposes of this subsection.
``(d) Date for Payment of Installments; Interest.--
``(1) Date for payment of installments.--
``(A) In general.--If an election is made under
this section for any taxable year, the first
installment shall be paid on or before the due date for
such installment and each succeeding installment shall
be paid on or before the date which is 1 year after the
date prescribed by this paragraph for payment of the
preceding installment.
``(B) Due date for first installment.--The due date
for the first installment for a taxable year shall be
whichever of the following is the earliest:
``(i) The date selected by the taxpayer.
``(ii) The date which is 2 years after the
date prescribed by section 6151(a) for payment
of the tax for such taxable year.
``(C) Additional deferral where employment
increases.--
``(i) In general.--Subparagraph (B)(ii)
shall be applied by substituting `3 years' for
`2 years' in the case of an eligible small
business which meets the employment increase
requirement of clause (ii) for the second
taxable year following the taxable year for
which the election is made.
``(ii) Employment increase requirement.--
The employment increase requirement of this
clause is met for such second taxable year if
the average daily number of full-time employees
of such business for the last calendar quarter
ending in such taxable year is at least 10
percent greater than such average number for
the last calendar quarter ending before the
date that the GROW Account of such business is
established. For purposes of this clause, an
employee shall be considered full-time if such
employee is employed at least 35 hours per
week.
``(iii) Salary maintenance of called-up
reservist treated as employment increase.--For
purposes of clause (ii), an eligible small
business shall be treated as having an
additional full-time employee for any period
for each employee who is a Ready Reserve/
National Guard employee of such business
serving on qualified active duty for such
period if the compensation paid or incurred by
such business to such employee for such period
is not less than the active duty wage
differential of such employee for such period.
For the definition of terms used in this
clause, see subsection (g).
``(2) Interest.--For purposes of determining interest under
section 6601, if the time for payment of an amount of tax has
been extended under this section, the due date prescribed for
payment of such tax which is to be paid in an installment under
this section shall be the due date for such installment.
``(e) Special Rules.--
``(1) Application of limitation to partners and s
corporation shareholders.--
``(A) In general.--In applying this section to a
partnership which is an eligible small business--
``(i) the election under subsection (a)
shall be made by the partnership,
``(ii) the amount referred to in subsection
(b)(1) shall be the sum of each partner's tax
which is attributable to items of the
partnership and assuming the highest marginal
rate under section 1, and
``(iii) the partnership shall be treated as
the taxpayer referred to in paragraphs (2) and
(3) of subsection (b).
``(B) Overall limitation also applied at partner
level.--In the case of a partner in a partnership, the
limitation under subsection (b)(3) shall be applied at
the partnership and partner levels.
``(C) Similar rules for s corporations.--Rules
similar to the rules of subparagraphs (A) and (B) shall
apply to shareholders in an S corporation.
``(2) Acceleration of payment in certain cases.--
``(A) In general.--If--
``(i) the taxpayer ceases to meet the
requirement of subsection (c)(1)(A), or
``(ii) there is an ownership change with
respect to the taxpayer,
then the extension of time for payment of tax provided
in subsection (a) shall cease to apply, and the unpaid
portion of the tax payable in installments shall be
paid on or before the due date for filing the return of
tax imposed by chapter 1 for the first taxable year
following such cessation.
``(B) Ownership change.--For purposes of
subparagraph, in the case of a corporation, the term
`ownership change' has the meaning given to such term
by section 382. Rules similar to the rules applicable
under the preceding sentence shall apply to a
partnership.
``(3) Proration of deficiency to installments.--Rules
similar to the rules of section 6166(e) shall apply for
purposes of this section.
``(f) GROW Account.--For purposes of this section--
``(1) In general.--The term `GROW Account' means a trust
created or organized in the United States for the exclusive
benefit of an eligible small business, but only if the written
governing instrument creating the trust meets the following
requirements:
``(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deferral under subsection (b) for such year.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) The assets of the trust consist entirely of
cash or of obligations which have adequate stated
interest (as defined in section 1274(c)(2)) and which
pay such interest not less often than annually.
``(D) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(E) Amounts in the trust may be used only--
``(i) as security for a loan to the
business or for repayment of such loan, or
``(ii) to pay the installments under this
section.
``(2) Account taxed as grantor trust.--The grantor of a
GROW Account shall be treated for purposes of this title as the
owner of such Account and shall be subject to tax thereon in
accordance with subpart E of part I of subchapter J of this
chapter (relating to grantors and others treated as substantial
owners).
``(3) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to a
GROW Account on the last day of a taxable year if such payment
is made on account of such taxable year and is made within 3\1/
2\ months after the close of such taxable year.
``(g) Definitions Relating to Salary Maintenance of Called-Up
Reservists.--For purposes of subsection (d)(1)(C)(iii)--
``(1) Ready reserve/national guard employee.--
``(A) In general.--The term `Ready Reserve/National
Guard employee' means any employee--
``(i) who is a member of the Ready Reserve
or of the National Guard, and
``(ii) who was an employee of the taxpayer
during the 1-year period ending on the day
before the date that the employee begins
qualified active duty.
``(B) National guard.--The term `National Guard'
has the meaning given such term by section 101(c)(1) of
title 10, United States Code.
``(C) Ready reserve.--The term `Ready Reserve' has
the meaning given such term by section 10142 of title
10, United States Code.
``(2) Qualified active duty.--The term `qualified active
duty' means--
``(A) active duty under an order or call for a
period in excess of 90 days or for an indefinite
period, other than the training duty specified in--
``(i) section 10147 of title 10, United
States Code (relating to training requirements
for the Ready Reserve), or
``(ii) section 502(a) of title 32, United
States Code (relating to required drills and
field exercises for the National Guard),
in connection with which an employee is entitled to
reemployment rights and other benefits or to a leave of
absence from employment under chapter 43 of title 38,
United States Code, and
``(B) hospitalization incident to such active duty.
``(3) Active duty wage differential.--
``(A) In general.--The active duty wage
differential of a Ready Reserve/National Guard employee
for any period of qualified active duty is the amount
equal to the product of--
``(i) the daily wage differential of such
employee for such period, multiplied by
``(ii) the number of days that such
employee is on qualified active duty during
such period.
``(B) Daily wage differential.--For purposes of
subparagraph (A), the daily wage differential of a
Ready Reserve/National Guard employee for any period is
an amount equal to the excess of--
``(i) such employee's average daily
employer-provided compensation for such period,
over
``(ii) such employee's average daily
military pay for such period.
``(C) Average daily employer-provided
compensation.--
``(i) In general.--For purposes of
subparagraph (B), an employee's average daily
employer-provided compensation for any period
is the average daily compensation paid by the
employer to the employee for the 1-year period
ending on the day before the date that the
employee begins qualified active duty, adjusted
for cost-of-living and other increases
generally applicable to employees of the
employer for such period.
``(ii) Employer-provided compensation.--The
term `compensation' means any remuneration for
employment, whether in cash or in kind, which
is allowable as a deduction under section
162(a)(1).
``(D) Average daily military pay.--
``(i) In general.--For purposes of
subparagraph (B), a Ready Reserve/National
Guard employee's average daily military pay is
the average daily military pay and allowances
received by the employee on account of the
employee's performance of qualified active duty
during the period.
``(ii) Military pay and allowances.--For
purposes of clause (i)--
``(I) Military pay.--The term
`military pay' means pay (as defined in
section 101(21) of title 37, United
States Code).
``(II) Allowances.--The term
`allowances' means the allowances
payable to a member of the Armed Forces
of the United States under chapter 7 of
such title.
``(h) Reports.--The Secretary may require such reporting as the
Secretary determines to be appropriate to carry out this section.
``(i) Application of Section.--This section shall apply to taxes
imposed for taxable years beginning after the date of the enactment of
this section and before January 1, 2011.''.
(b) Priority of Lender.--Subsection (b) of section 6323 of such
Code is amended by adding at the end the following new paragraph:
``(11) Loans secured by grow accounts.--With respect to a
GROW account (as defined in section 6168(f)) with any bank (as
defined in section 408(n)), to the extent of any loan made by
such bank without actual notice or knowledge of the existence
of such lien, as against such bank, if such loan is secured by
such account.''.
(c) Clerical Amendment.--The table of sections for subchapter B of
chapter 62 of such Code is amended by adding at the end the following
new item:
``Sec. 6168. Extension of time for payment of tax for certain small
businesses.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
(e) Study by General Accounting Office.--
(1) Study.--In consultation with the Secretary of the
Treasury, the Comptroller General of the United States shall
undertake a study to evaluate the applicability (including
administrative aspects) and impact of the GROW America's Small
Businesses Act of 2009, including how it affects the capital
funding needs of businesses under the Act and number of
businesses benefitting.
(2) Report.--Not later than March 31, 2011, the Comptroller
General shall transmit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate a written report presenting the results of the study
conducted pursuant to this subsection, together with such
recommendations for legislative or administrative changes as
the Comptroller General determines are appropriate. | Generating Reinvestment Opportunities with America's Small Businesses Act of 2009 or the GROW America's Small Businesses Act of 2009 - Amends the Internal Revenue Code to: (1) allow certain small businesses (generally, businesses with $12 million or less in gross receipts for a taxable year) to defer payment of income tax by making four equal installments over a specified two-year period; (2) extend such deferral period to three years for small businesses that increase employment and maintain salary levels of employees called to duty as members of the Ready Reserve/National Guard; and (3) establish tax-exempt GROW Accounts to provide financing and tax relief for such small businesses.
Requires the Comptroller General to study and report to Congress on the applicability and impact of this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow certain small businesses to defer payment of tax."} | 3,360 | 172 | 0.508199 | 1.353964 | 0.776775 | 2.510067 | 20.697987 | 0.85906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Growing Safe Food Act of 2009''.
SEC. 2. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, OUTREACH,
AND TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--Title IV of the Agricultural Research, Extension,
and Education Reform Act of 1998 is amended by inserting after section
404 (7 U.S.C. 7624) the following:
``SEC. 405. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION,
OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Agricultural producer group.--The term `agricultural
producer group' means a group--
``(A) the mission of which includes working on
behalf of agricultural producers, grower-shippers,
packers, distributors, and processors; and
``(B) a majority of the membership and board of
directors of which are agricultural producers, grower-
shippers, packers, distributors, and processors.
``(2) Beginning farmer.--The term `beginning farmer' means
a farmer who, as determined by the Secretary--
``(A) has not operated a farm or who has operated a
farm for not more than 10 years;
``(B) materially and substantially participates in
the operation of the farm; and
``(C) provides substantial day-to-day labor and
management of the farm.
``(3) Conservation systems.--The term `conservation
systems' means conservation practices, activities, and
management measures that are based on local resource conditions
and the standards and guidelines contained in the Natural
Resources Conservation Service field office technical guides.
``(4) Market value of agricultural products.--The term
`market value of agricultural products' means gross income
derived from--
``(A) the production of agricultural commodities
and unfinished raw forestry products;
``(B) the production of livestock and products
produced by, or derived from, livestock;
``(C) the production of farm-based renewable
energy;
``(D) the processing, packing, storing, and
transporting of farm and forestry commodities,
including renewable energy;
``(E) the feeding, rearing, or finishing of
livestock (exclusive of the cost or other basis of
livestock purchased for resale); and
``(F) any other similar market activity related to
farming or forestry, as determined by the Secretary.
``(5) National integrated food safety initiative.--The term
`national integrated food safety initiative' means the
integrated research, education, and extension competitive
grants program carried out under section 406.
``(6) Small and medium-sized farm.--The term `small and
medium-sized farm' means a farm on which the market value of
agricultural products, averaged over the most recent 3-year
period for which data are available (including the market value
generated by all of the individuals or legal entities that
operate or have an ownership interest in the farm) does not
exceed $1,000,000.
``(7) Small food processors.--The term `small food
processor' has the meaning given the term by the Secretary.
``(8) Small fruit and vegetable merchant wholesaler.--The
term `small fruit and vegetable merchant wholesaler' has the
meaning given the term by the Secretary.
``(9) Socially disadvantaged farmer.--The term `socially
disadvantaged farmer' has the same meaning given the term
`socially disadvantaged farmer or rancher' in section 355(e) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
2003(e)) with respect to a farmer.
``(10) Sustainable agriculture.--The term `sustainable
agriculture' has the meaning given the term in section 1404 of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103).
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a
competitive grant program to provide food safety training,
education, extension, outreach, and technical assistance to--
``(A) owners and operators of farms;
``(B) small food processors; and
``(C) small fruit and vegetable merchant
wholesalers.
``(2) Applicability.--Food safety training, education,
extension, outreach, and technical assistance provided under
this section shall relate only to foods under the authority of
the Commissioner of Food and Drugs and not to foods under the
authority of the Secretary.
``(3) Integrated approach.--To the maximum extent
practicable, the Secretary shall carry out the program under
this section in a manner that integrates food safety standards
and guidance with sustainable agriculture and conservation
systems.
``(4) Priority.--In awarding grants under this section, the
Secretary shall give priority to projects that target small and
medium-sized farms, small processors, and small fresh fruit and
vegetable merchant wholesalers.
``(5) Coordination.--
``(A) In general.--The Secretary shall coordinate
implementation of the program under this section with
the national integrated food safety initiative.
``(B) Interaction.--The Secretary shall--
``(i) in carrying out the program under
this section, take into consideration applied
research, education, and extension results
obtained from the national integrated food
safety initiative; and
``(ii) in determining the applied research
agenda for the national integrated food safety
initiative, take into consideration the needs
articulated by the user community served by
projects funded by the program under this
section.
``(c) Grants.--
``(1) In general.--In carrying out this section, the
Secretary shall make competitive grants to support training,
education, extension, outreach, and technical assistance
projects to increase understanding and implementation of food
safety standards, guidance, and protocols developed under
chapter IV of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 341 et seq.), including, as appropriate to the targeted
customer group--
``(A) good agricultural practices;
``(B) good handling practices;
``(C) good manufacturing practices;
``(D) produce safety standards;
``(E) risk analysis and preventative control
mechanisms,
``(F) sanitation standard operating procedures;
``(G) safe packaging and storage systems;
``(H) recordkeeping for product sourcing and sales,
including traceability standards if relevant;
``(I) food safety audits and certification; and
``(J) other similar activities, as determined by
the Secretary.
``(2) Encouraged features.--The Secretary shall encourage
projects carried out using grant funds under this section to
include features that provide training, education, extension,
outreach, and technical assistance in sustainable agriculture
and conservation systems.
``(3) Organic agriculture.--The Secretary may make grants
under this section to projects that target farms that have, or
are transitioning to, certified organic production under the
national organic program established under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq.).
``(4) Maximum term and size of grant.--
``(A) In general.--A grant under this section
shall--
``(i) have a term that is not more than 3
years; and
``(ii) be in an amount that is not more
than $600,000 each year.
``(B) Consecutive grants.--An eligible recipient
may receive consecutive grants under this section.
``(d) Grant Eligibility.--
``(1) In general.--To be eligible for a grant under this
section, the recipient shall be--
``(A) a State cooperative extension service;
``(B) a Federal, State, local, or tribal agency;
``(C) a nonprofit community-based or
nongovernmental organization;
``(D) an institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))) or a foundation maintained
by an institution of higher education;
``(E) an agricultural producer group;
``(F) a collaboration of 2 of more eligible
recipients described in this subsection; or
``(G) such other appropriate recipient, as
determined by the Secretary.
``(2) Multistate partnerships.--Grants under this section
may be made for projects involving more than 1 State.
``(e) Project Evaluation Criteria.--
``(1) In general.--In making grants under this section, the
Secretary shall evaluate proposals based on the extent to which
the proposed project--
``(A) demonstrates relevancy, technical merit, and
achievability;
``(B) demonstrates knowledge of the goals and
requirements of chapter IV of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 341 et seq.) that are
directly relevant to the proposed project;
``(C) benefits small and medium-sized farms, small
processors, and small fresh fruit and vegetable
merchant wholesalers;
``(D) reaches beginning farmers, socially
disadvantaged farmers, and underserved geographic
areas;
``(E) demonstrates a successful track record in
training and outreach programs with the community to be
served;
``(F) includes adequate outreach plans;
``(G) demonstrates a capacity to reach a large
percentage of eligible participants in the targeted
customer group;
``(H) includes adequate plans for a participatory
evaluation process and outcome-based reporting;
``(I) leverages cash and in-kind contributions from
State, local, and private sources;
``(J) includes substantive, funded collaborations
between eligible recipients, including nonprofit
community-based or nongovernmental organizations and
agricultural producer groups; and
``(K) maximizes other appropriate factors, as
determined by the Secretary.
``(2) Regional balance.--In making grants under this
section, the Secretary shall, to the maximum extent
practicable, ensure--
``(A) geographic diversity; and
``(B) diversity of types of agricultural
production.
``(f) Relationship to Other Programs.--
``(1) Interagency coordination.--The Secretary shall
coordinate implementation of the program under this section
with the Secretary of Health and Human Services with respect to
food safety standards, guidance, and protocols developed under
chapter IV of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 341 et seq.).
``(2) Consistency.--
``(A) In general.--Projects funded by this program
shall be consistent with--
``(i) sustainable agriculture;
``(ii) conservation practices (as defined
in section 1240A of the Food Security Act of
1985 (16 U.S.C. 3839aa-1)); and
``(iii) conservation activities (as defined
in section 1238D of that Act (16 U.S.C.
3838d)).
``(B) Organic standards.--With respect to certified
organic production, projects funded under this section
shall be consistent with the national organic program
established under the Organic Foods Production Act of
1990 (7 U.S.C. 6501 et seq.).
``(g) Reporting Requirements.--The Secretary shall require grant
recipients to submit--
``(1) annual reports; and
``(2) at the completion of the grant period, an evaluation
of the project funded under this section.
``(h) Curriculum and Training Material Clearinghouse.--The
Secretary may enter into a cooperative agreement with any entity
eligible to receive a grant under this section for the purpose of
establishing a nationwide online clearinghouse of information relating
to the on-farm production, harvesting, packing, transporting, and
processing of safe food that makes available educational curricula and
training materials and programs that further the purposes of this
section.
``(i) Technical Assistance.--
``(1) In general.--The Secretary may use funds made
available under subsection (k) to provide technical assistance
to grant recipients to further the purposes of this section.
``(2) Types.--Technical assistance under paragraph (1)
may--
``(A) be in the form of a train-the-trainer
program; and
``(B) include or be provided by food safety
extension teams of the National Institute of Food and
Agriculture.
``(j) Best Practices for State Programs.--Based on evaluations of
projects funded under this section, the Secretary shall recommend on an
iterative basis a set of best practices and models for food safety
training programs for agricultural producers and small food processors.
``(k) Authorization for Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each fiscal
year, of which--
``(1) not more than 3 percent may be used for a curriculum
and training materials clearinghouse under subsection (h);
``(2) not more than 10 percent may be used for technical
assistance under subsection (i); and
``(3) not more than 4 percent may be used for
administrative costs incurred by the Secretary in carrying out
this section.''.
(b) Integrated Research, Education, and Extension Competitive
Grants Program.--Section 406(c) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626(c)) is
amended--
(1) by striking ``Grants under'' and inserting the
following:
``(1) In general.--Grants under''; and
(2) by adding at the end the following:
``(3) Emphasis.--In carrying out the food safety initiative
under this section, the Secretary shall emphasize integrated
projects that address priority research, education, and
extension needs relevant to implementing this Act and other
applicable agricultural research laws, including projects
that--
``(A) aid in the development and repeated
improvement of food safety standards, guidance, and
protocols, including produce standards and guidance;
``(B) analyze on an iterative basis the most
critical points of risk in the food system for fresh
produce and other raw agricultural commodities;
``(C)(i) determine conservation and biodiversity
standards and practices that positively address food
safety concerns; and
``(ii) develop education and decision support tools
to assist landowners with those standards and
practices;
``(D) investigate methods to reduce the impact of
animals of significant risk on contamination of food;
``(E) identify low-cost, effective food safety
practices for highly diversified agricultural
operations;
``(F) develop decision support tools to aid in the
effective implementation of whole-farm food safety
plans; and
``(G) address other similar topics, as determined
by the Secretary.''. | Growing Safe Food Act of 2009 - Amends the Agricultural Research, Extension, and Education Reform Act of 1998 to direct the Secretary of Agriculture to make grants for food safety training, education, extension, outreach, and technical assistance, with respect to foods under the authority of the Commissioner of Food and Drugs (FDA), to: (1) farm owners and operators; (2) small food processors; and (3) small fruit and vegetable merchant wholesalers.
Authorizes the Secretary to make grants to farms that have, or are transitioning to, certified organic production. | {"src": "billsum_train", "title": "A bill to amend the Agricultural Research, Extension, and Education Reform Act of 1998 to establish a national food safety training, education, extension, outreach, and technical assistance program for agricultural producers, and for other purposes."} | 3,279 | 116 | 0.482434 | 1.095487 | 0.564443 | 4.171171 | 27.513514 | 0.963964 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Essential Air Service Modernization
Act of 2003''.
SEC. 2. AUTHORIZATION.
Section 41742(a)(2) is amended by striking ``$15,000,000'' and
inserting ``$75,000,000''.
SEC. 3. TERMINATION NOTICE.
Section 41733 of title 49, United States Code, is amended by adding
at the end the following--
``(f) Termination Notice.--If the Secretary decides to terminate
basic essential service to an eligible place, the Secretary shall
notify the affected community not less than 90 days before such service
is to be terminated.''.
SEC. 4. JOINT PROPOSALS.
(a) In General.--Section 41740 of title 49, United States Code, is
amended by adding at the end the following: ``The Secretary shall
facilitate and assist in establishing negotiations between major and
national air carriers and air carriers that provide essential air
service to an eligible place in order to determine equitable joint
fares.''.
(b) Report.--Not later than 12 months after enactment of this Act,
the Secretary shall transmit a report to Congress regarding the
progress and effectiveness of implementation of the amendment made by
subsection (a).
SEC. 5. COMMUNITY AND REGIONAL CHOICE PROGRAM.
(a) In General.--Subchapter II of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41745. Community and regional choice program
``(a) Establishment.--The Secretary of Transportation shall
establish an alternate essential air service program in accordance with
the requirements of this section.
``(b) Compensation to Eligible Places.--In carrying out the
program, the Secretary, instead of paying compensation to an air
carrier to provide essential air service to an eligible place, may pay
compensation directly to a unit of local government having jurisdiction
over the eligible place or a State within the boundaries of which the
eligible place is located.
``(c) Use of Compensation.--A unit of local government or State
receiving compensation for an eligible place under the program shall
use the compensation for any of the following purposes:
``(1) To provide assistance to an air carrier to provide
scheduled air service to and from the eligible place, without
being subject to the requirements of 41732(b).
``(2) To provide assistance to a person to provide
scheduled or on-demand air taxi service to and from the
eligible place and a non-hub or a small, medium, or large hub.
``(3) To provide assistance to a person to provide
scheduled or on-demand surface transportation to and from the
eligible place and a non-hub or a small, medium, or large hub.
``(4) In combination with other units of local government
in the same region, to provide transportation services to and
from all the eligible places in that region at an airport or
other transportation center that can serve all the eligible
places in that region.
``(d) Applications.--
``(1) In general.--A unit of local government or State
seeking to participate in the program for an eligible place
shall submit to the Secretary an application in such form and
containing such information as the Secretary may require.
``(2) Required information.--At a minimum, the application
shall include--
``(A) a statement of the amount of compensation
required; and
``(B) a description of how the compensation will be
used.
``(e) Participation Requirements.--An eligible place for which
compensation is received under the program in a fiscal year shall not
be eligible to receive in that fiscal year the essential air service
that it would otherwise be entitled to under this subchapter.
``(f) Subsequent Participation.--A unit of local government
participating in the program under this section in a fiscal year shall
not be prohibited from participating in the basic essential air service
program under this chapter in a subsequent fiscal year if such unit is
otherwise eligible to participate in such basic program.
``(g) Funding.--Amounts appropriated or otherwise made available to
carry out the essential air service program under this subchapter shall
be available to carry out this section.
``Sec. 41746. Compensation for units of local government
``Of the amounts made available under section 41742(a) the
Secretary shall pay directly to a unit of local government having
jurisdiction over the eligible place not less than $5,000 for such
fiscal year to promote public use of the air service or transportation
for which compensation is being paid.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 41744 the following:
``41745. Community and regional choice program.
``41746. Compensation for units of local government.''. | Essential Air Service Modernization Act of 2003 - Increases the authorization of appropriations to carry out the essential air service program.
Requires the Secretary to: (1) notify an affected community at least 90 days before the basic essential service to that community is terminated: (2) facilitate and assist in negotiations between major and national air carriers and carriers that provide essential air service in order to determine equitable joint fares; (3) establish an alternate essential air service program which would provide compensation directly to local governments, instead of to air carriers, to use to obtain air service, to obtain surface transportation to and from air hubs, or to participate with other local governments in providing regional transportation services to airports; and (4) pay $5,000 to local governments to promote public use of air service or transportation for which compensation is received under the program. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to enhance essential air service."} | 1,087 | 168 | 0.622251 | 1.571439 | 0.782457 | 2.926829 | 6.054878 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outer Continental Shelf Natural Gas
Relief Act''.
SEC. 2. TERMINATION OF PROHIBITIONS ON EXPENDITURES FOR, AND
WITHDRAWALS FROM, OFFSHORE GAS LEASING.
(a) Prohibitions on Expenditures.--All provisions of Federal law
that prohibit the expenditure of appropriated funds to conduct natural
gas leasing and preleasing activities for any area of the Outer
Continental Shelf shall have no force or effect.
(b) Revocation Withdrawals.--All withdrawals of Federal submerged
lands of the Outer Continental Shelf from leasing, including
withdrawals by the President under the authority of section 12(a) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby
revoked and are no longer in effect with respect to the leasing of
areas for exploration for, and development and production of, natural
gas.
SEC. 3. OUTER CONTINENTAL SHELF LEASING PROGRAM.
(a) State Approval Requirements.--The Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) is amended by inserting after section 9
the following:
``SEC. 10. STATE APPROVAL REQUIREMENT WITH RESPECT TO GAS LEASING.
``The Secretary may not grant any gas lease for any area of the
outer Continental Shelf that is located within 20 miles of the
coastline of a State unless the Governor of the State notifies the
Secretary that the State approves of the granting of such a lease for
such area.''.
(b) Minimum Area Subject to Gas Leasing.--
(1) Requirement.--Section 18(a) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1344(a)) is amended by inserting
after the second sentence the following: ``The Secretary shall,
in each 5-year program, include lease sales that when viewed as
a whole propose to offer for gas leasing at least 75 percent of
the available unleased acreage within each outer Continental
Shelf planning area.''.
(2) Application.--The amendment made by paragraph (1) shall
apply with respect to the 5-year Outer Continental Shelf gas
leasing program in effect on the date of the enactment of this
Act, and to each such 5-year program thereafter.
SEC. 4. SHARING OF REVENUES.
(a) In General.--Section 8(g) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(g)) is amended--
(1) in paragraph (2) by striking ``Notwithstanding'' and
inserting ``Except as provided in paragraph (6), and
notwithstanding'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8); and
(3) by inserting after paragraph (5) the following:
``(6) Bonus bids and royalties after september 30, 2006.--
``(A) New gas leases.--Of amounts received by the
United States as bonus bids and royalties under new
Federal gas leases on submerged lands that are located
within the seaward boundaries of a State established
under section 4(a)(2)(A)--
``(i) 40 percent shall be paid to the
State; and
``(ii) 10 percent shall be available for
the Low-Income Home Energy Assistance Program
under the Low-Income Home Energy Assistance Act
of 1981 (42 U.S.C. 8621 et seq.).
``(B) Existing gas leases.--Of amounts received by
the United States as bonus bids and royalties under
existing Federal gas leases on submerged lands that are
located within the seaward boundaries of a State
established under section 4(a)(2)(A), there shall be
paid to the State--
``(i) in the case of amounts received in
the first full fiscal year after the date of
the enactment of the Outer Continental Shelf
Natural Gas Relief Act, 10 percent;
``(ii) in the case of amounts received in
the second full fiscal year after such date of
enactment, 20 percent;
``(iii) in the case of amounts received in
the third full fiscal year after such date of
enactment, 30 percent; and
``(iv) in the case of amounts received in
the fourth full fiscal year after such date of
enactment and each fiscal year thereafter, 40
percent.
``(C) Leased tract that lies partially within the
seaward boundaries of a state.--In the case of a leased
tract that lies partially within the seaward boundaries
of a State, the amounts of bonus bids and royalties
from such tract that are subject to subparagraph (A) or
(B), as applicable, with respect to such State shall be
a percentage of the total amounts of bonus bids and
royalties from such tract that is equivalent to the
total percentage of surface acreage of the tract that
lies within such seaward boundaries.
``(D) Definitions.--In this paragraph:
``(i) Existing federal gas lease.--The term
`existing Federal gas lease' means a gas lease
under this Act granted before the date of the
enactment of the Outer Continental Shelf
Natural Gas Relief Act.
``(ii) New federal gas lease.--The term
`new Federal gas lease' means a gas lease under
this Act granted on or after the date of the
enactment of the Outer Continental Shelf
Natural Gas Relief Act.
``(E) Application.--This paragraph shall apply to
bonus bids and royalties received by the United States
after September 30, 2006,''.
(b) Establishment of State Seaward Boundaries.--Section 4(a)(2)(A)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is
amended in the first sentence by striking ``, and the President'' and
all that follows through the end of the sentence and inserting the
following: ``. Such extended lines are deemed to be as indicated on the
maps for each outer Continental Shelf region entitled `Alaska OCS
Region State Adjacent Zone and OCS Planning Areas', `Pacific OCS Region
State Adjacent Zones and OCS Planning Areas', `Gulf of Mexico OCS
Region State Adjacent Zones and OCS Planning Areas', and `Atlantic OCS
Region State Adjacent Zones and OCS Planning Areas', all of which are
dated September 2005 and on file in the Office of the Director,
Minerals Management Service.''.
SEC. 5. NATURAL GAS-ONLY LEASING.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following subsection:
``(p) Natural Gas-Only Leasing.--
``(1) In general.--The Secretary may issue leases under
this section that authorize development and production only of
natural gas and associated condensate in accordance with
regulations promulgated under paragraph (2).
``(2) Regulations.--Before issuing any lease under
paragraph (1), the Secretary must promulgate regulations that--
``(A) define what constitutes natural gas,
condensate, and oil;
``(B) establish the lessee's rights and obligations
regarding condensate produced in association with
natural gas;
``(C) prescribe procedures and requirements that
the lessee of a lease issued under this subsection must
follow if the lessee discovers oil deposits in the
course of exploration or development; and
``(D) establish such other requirements for natural
gas-only leases as the Secretary considers appropriate.
``(3) Application of other laws.--All provisions of this
Act or any other Federal law or regulations that apply to oil
and natural gas leases for the outer Continental Shelf shall
apply to natural gas-only leases authorized under this
subsection.
``(4) Existing leases.--At the request of the lessee of an
oil and gas lease in effect under this section on the date of
enactment of this subsection, and under the requirements
prescribed in regulations promulgated under paragraph (2), the
Secretary may restrict development under such a lease to
natural gas and associated condensate only.
``(5) Oil and gas leasing programs.--
``(A) Program for 2002-2007.--The Secretary may
issue a natural gas-only lease in accordance with this
subsection before June 30, 2007, without amending the
outer Continental shelf leasing program that applies
for the period beginning on the date of the enactment
of this subsection and ending June 30, 2007, if the
Secretary provides public notice and an opportunity to
comment on the proposed notice of sale.
``(B) Program for 2007-2012.--The Secretary may
include provisions regarding issuance of natural gas-
only leases in the outer Continental shelf leasing
program that applies for the 5-year period beginning in
2007, notwithstanding any draft proposal for such
program issued before the date of the enactment of this
subsection.''. | Outer Continental Shelf Natural Gas Relief Act - States that all provisions of federal law that prohibit the expenditure of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf are without any force or effect.
Revokes all withdrawals from leasing of federal submerged lands of the Outer Continental Shelf, including withdrawals by the President under the Outer Continental Shelf Lands Act.
States such withdrawals are no longer in effect with respect to the leasing of areas for natural gas exploration, development, and production.
Prohibits granting a gas lease for any area of the Outer Continental Shelf located within 20 miles of a state's coastline unless the Governor grants state approval.
Directs the Secretary of Energy, in each five-year oil and gas leasing program, to include lease sales that when viewed as a whole propose to offer for gas leasing at least 75% of the available unleased acreage within each Outer Continental Shelf planning area.
Sets forth a scheme for bonus bids and royalties that affects: (1) new and existing gas leases; and (2) leased tracts lying partially within the seaward boundaries of a state.
Permits leases that authorize development and production solely of natural gas and associated condensate, including leases for program years 2002-2007, and for program years 2007-2012. | {"src": "billsum_train", "title": "To terminate the effect of all provisions of Federal law that prohibit the expenditure of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf, to terminate all withdrawals of Federal submerged lands of the Outer Continental Shelf from leasing for exploration for, and development and production of, natural gas, and for other purposes."} | 2,066 | 293 | 0.731051 | 2.118509 | 0.855029 | 4.321429 | 7 | 0.93254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``English Language Unity Act of
2005''.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) The United States is comprised of individuals from
diverse ethnic, cultural, and linguistic backgrounds, and
continues to benefit from this rich diversity.
(2) Throughout the history of the United States, the common
thread binding individuals of differing backgrounds has been
the English language.
(3) Among the powers reserved to the States respectively is
the power to establish the English language as the official
language of the respective States, and otherwise to promote the
English language within the respective States, subject to the
prohibitions enumerated in the Constitution of the United
States and in laws of the respective States.
SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 6--OFFICIAL LANGUAGE
``Sec. 161. Official language of the United States
``The official language of the United States is English.
``Sec. 162. Preserving and enhancing the role of the official language
``Representatives of the Federal Government shall have an
affirmative obligation to preserve and enhance the role of English as
the official language of the Federal Government. Such obligation shall
include encouraging greater opportunities for individuals to learn the
English language.
``Sec. 163. Official functions of Government to be conducted in English
``(a) Official Functions.--The official functions of the Government
of the United States shall be conducted in English.
``(b) Scope.--For the purposes of this section, the term `United
States' means the several States and the District of Columbia, and the
term `official' refers to any function that (i) binds the Government,
(ii) is required by law, or (iii) is otherwise subject to scrutiny by
either the press or the public.
``(c) Practical Effect.--This section shall apply to all laws,
public proceedings, regulations, publications, orders, actions,
programs, and policies, but does not apply to--
``(1) teaching of languages;
``(2) requirements under the Individuals with Disabilities
Education Act;
``(3) actions, documents, or policies necessary for
national security, international relations, trade, tourism, or
commerce;
``(4) actions or documents that protect the public health
and safety;
``(5) actions or documents that facilitate the activities
of the Bureau of the Census in compiling any census of
population;
``(6) actions that protect the rights of victims of crimes
or criminal defendants; or
``(7) using terms of art or phrases from languages other
than English.
``Sec. 164. Uniform English language rule for naturalization
``(a) Uniform Language Testing Standard.--All citizens should be
able to read and understand generally the English language text of the
Declaration of Independence, the Constitution, and the laws of the
United States made in pursuance of the Constitution.
``(b) Ceremonies.--All naturalization ceremonies shall be conducted
in English.
``Sec. 165. Rules of construction
``Nothing in this chapter shall be construed--
``(1) to prohibit a Member of Congress or any officer or
agent of the Federal Government, while performing official
functions, from communicating unofficially through any medium
with another person in a language other than English (as long
as official functions are performed in English);
``(2) to limit the preservation or use of Native Alaskan or
Native American languages (as defined in the Native American
Languages Act);
``(3) to disparage any language or to discourage any person
from learning or using a language; or
``(4) to be inconsistent with the Constitution of the
United States.
``Sec. 166. Standing
``A person injured by a violation of this chapter may in a civil
action (including an action under chapter 151 of title 28) obtain
appropriate relief.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
title 4, United States Code, is amended by inserting after the item
relating to chapter 5 the following new item:
``Chapter 6. official language''.
SEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF THE
LAWS OF THE UNITED STATES.
(a) In General.--Chapter 1 of title 1, United States Code, is
amended by adding at the end the following new section:
``Sec. 8. General rules of construction for laws of the United States
``(a) English language requirements and workplace policies, whether
in the public or private sector, shall be presumptively consistent with
the Laws of the United States; and
``(b) Any ambiguity in the English language text of the Laws of the
United States shall be resolved, in accordance with the last two
articles of the Bill of Rights, not to deny or disparage rights
retained by the people, and to reserve powers to the States
respectively, or to the people.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of title 1, United States Code, is amended by inserting after
the item relating to section 7 the following new item:
``8. General Rules of Construction for Laws of the United States.''.
SEC. 5. IMPLEMENTING REGULATIONS.
The Secretary of Homeland Security shall, within 180 days after the
date of enactment of this Act, issue for public notice and comment a
proposed rule for uniform testing English language ability of
candidates for naturalization, based upon the principles that--
(1) all citizens should be able to read and understand
generally the English language text of the Declaration of
Independence, the Constitution, and the laws of the United
States which are made in pursuance thereof; and
(2) any exceptions to this standard should be limited to
extraordinary circumstances, such as asylum.
SEC. 6. EFFECTIVE DATE.
The amendments made by sections 3 and 4 shall take effect on the
date that is 180 days after the date of the enactment of this Act. | English Language Unity Act of 2005 - Declares English to be the official language of the United States. Establishes the affirmative obligation of the representatives of the Federal Government to preserve and enhance the role of the English language as the Government's official language. Requires the official functions of the Government to be conducted in English. Requires: (1) a uniform English language testing standard for U.S. naturalization; and (2) all naturalization ceremonies to be conducted in English. Sets forth exceptions to, and rules of construction for, such requirements.
Authorizes persons injured by violations of this Act to obtain appropriate relief in civil actions.
Declares, as a general rule of construction, that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States. Requires the Secretary of Homeland Security to issue for public notice and comment a proposed rule for uniform testing of the English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum. | {"src": "billsum_train", "title": "To declare English as the official language of the United States, to establish a uniform English language rule for naturalization, and to avoid misconstructions of the English language texts of the laws of the United States, pursuant to Congress' powers to provide for the general welfare of the United States and to establish a uniform rule of naturalization under article I, section 8, of the Constitution."} | 1,385 | 275 | 0.597877 | 1.784302 | 0.830517 | 5.395918 | 5.355102 | 0.955102 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention of Unreasonable Fees
Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Several airports and other transportation terminals
continue to charge or have imposed fees on all for-hire
vehicles, regardless of whether the vehicle is providing
interstate or intrastate transportation.
(2) The imposition of such fees unreasonably burdens direct
for hire vehicles, many of whom are small businesses struggling
to survive in these difficult economic times.
SEC. 3. PREVENTION OF UNREASONABLE FEES.
Section 14501(d) of title 49, United States Code is amended--
(1) in paragraph (1), by striking ``on account of the fact
that a motor vehicle'' and inserting ``to be paid with respect
to a motor vehicle that'';
(2) by redesignating paragraphs (2) and (3) as paragraph
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Transportation terminal fees prohibited.--An operator
of a transportation terminal that, at any time after the date
of enactment of the Prevention of Unreasonable Fees Act, uses
any Federal funds for the construction, expansion, renovation,
or other capital improvement of such transportation terminal,
or for the purchase or lease of any equipment installed in such
transportation terminal or on its property, may not charge any
fee to a provider of prearranged ground transportation service
described in paragraph (1), except--
``(A) a fee charged to the general public for
access to, or use of, any part of the transportation
terminal;
``(B) a fee for the availability of ancillary
facilities at the transportation terminal that is
reasonable in relation to the costs of operating the
ancillary facilities; or
``(C) a fee for such access, use, or availability
that the Secretary has approved in advance after making
a determination that the fee is reasonable,
nonburdensome, nondiscriminatory, necessary, and
appropriate to the provision of prearranged ground
transportation service.'';
(4) by amending paragraph (3), as redesignated, to read as
follows:
``(3) Definitions.--In this section:
``(A) Ancillary facilities.--The term `ancillary
facilities' includes restrooms, vending machines,
monitoring facilities that advise parties accessing the
transportation terminal of arrivals or departures of
aircraft, buses, trains, ships, or boats, and such
other facilities determined by the Secretary to be
necessary, appropriate, desirable, or useful to the
business of providing prearranged ground transportation
service.
``(B) Intermediate stop.--The term `intermediate
stop', with respect to transportation by a motor
carrier, means a pause in the transportation in order
for 1 or more passengers to engage in personal or
business activity if the driver providing the
transportation to such passengers does not, before
resuming the transportation of at least 1 of such
passengers, provide transportation to any other person
not included among the passengers being transported
when the pause began.
``(C) Transportation terminal.--The term
`transportation terminal' means any airport, port
facility for ships or boats, train station, or bus
terminal, including any principal building and all
ancillary buildings, roads, runways, and other
facilities.''; and
(5) in paragraph (4), as redesignated--
(A) in subparagraph (B)--
(i) by striking ``an airport, train, or
bus'' and inserting ``a transportation''; and
(ii) by striking ``and'' at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D);
(C) by inserting after subparagraph (B) the
following:
``(C) as prohibiting or restricting a
transportation terminal operator from requiring
vehicles that cannot safely use parking facilities that
are otherwise available to the general public to use
segregated facilities, if the fee for such facilities
is not more than the amount charged to the public for
similar facilities;'';
(D) in subparagraph (D), as redesignated, by
striking the period at the end and inserting ``; or'';
and
(E) by inserting after subparagraph (D), as
redesignated, the following:
``(E) as restricting the right of any State or
political subdivision of a State to require a license
or fee (other than a fee by a transportation terminal
operator prohibited under paragraph (2)) with respect
to a vehicle that is providing transportation not
described in paragraph (1).''.
SEC. 4. REGULATIONS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Transportation shall promulgate
regulations to carry out the provisions of section 14501(d) of title
49, United States Code, as amended by section 3.
(b) Provisions.--The regulations promulgated pursuant to subsection
(a) shall include--
(1) a comprehensive list of the ancillary facilities
determined by the Secretary to be necessary, appropriate,
desirable, and useful to the business of the provision of
prearranged ground transportation service;
(2) a schedule of suggested fees that--
(A) may be charged for such ancillary facilities by
any transportation terminal operator to a provider of
prearranged ground transportation service for the
availability of the ancillary facility; and
(B) are determined by the Secretary to be
reasonable in relation to the costs of operating the
ancillary facility;
(3) a requirement that any fee proposed by a transportation
terminal operator for the availability of an ancillary facility
may not be greater than the fee for such ancillary facility
provided in the schedule described in paragraph (2), unless the
fee is approved in advance by the Secretary after a public
hearing and determination that the proposed fee and the amount
of the fee for the availability of such ancillary facility at
such transportation terminal--
(A) is reasonable in relation to the costs of
operating the ancillary facility; and
(B) otherwise complies with section 14501(d) of
title 49, United States Code; and
(4) such other provisions as the Secretary determines to be
necessary or appropriate to carry out such section 14501(d) in
a manner that prevents the imposition by a transportation
terminal operator of--
(A) fees to be paid by or with respect to a motor
vehicle that is providing prearranged ground
transportation service; or
(B) any other discriminatory or punitive action or
measure against, or with respect to, a motor vehicle
that is providing prearranged ground transportation
service. | Prevention of Unreasonable Fees Act - Prohibits an operator of a transportation terminal that uses federal funds for terminal construction, or for the purchase or lease of equipment installed there, from charging a fee to a provider of pre-arranged ground transportation service that meets state vehicle and intrastate passenger licensing requirements. Exempts from such prohibition: (1) fees charged to the general public for access to, or use of, the terminal; (2) any fee for the availability of ancillary facilities located there; or (3) any fee for such access or use that the Secretary has approved in advance as reasonable, nonburdensome, nondiscriminatory, and necessary to the provision of prearranged ground transportation service.
Declares that nothing in this Act shall be construed to: (1) prohibit or restrict a transportation terminal operator from requiring vehicles that cannot safely use public parking facilities to use segregated facilities provided the fee for segregated facilities is no more than that charged to the public for similar facilities; or (2) restrict the right of a state or its political subdivisions to require a license or fee (other than a prohibited transportation terminal fee) for a motor vehicle providing certain other prearranged ground transportation. | {"src": "billsum_train", "title": "To clarify the application of section 14501(d) of title 49, United States Code, to prevent the imposition of unreasonable transportation terminal fees."} | 1,461 | 258 | 0.711664 | 2.185908 | 0.926316 | 3.070485 | 6.101322 | 0.903084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Canada Fair Grain
Trade Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) as a result of unfair and incomplete provisions in the
United States-Canada Free-Trade Agreement--
(A) Canadian exports of durum wheat, spring wheat,
and barley have increased beyond the level such exports
can be absorbed into the United States market;
(B) these exports have depressed domestic grain
prices, causing severe financial losses to American
farmers and increasing the costs and difficulties of
implementing domestic farmer support programs; and
(C) Canadian grain exports continue to increase
without bounds, increasing the damage to United States
farmers each year;
(2) the Congress approved the United States-Canada Free-
Trade Agreement subject to--
(A) the statement in the Statement of
Administrative Action that the United States would
``pursue consultations with Canada regarding the price
setting policy of the CWB (Canadian Wheat Board) as it
affects goods exported to the United States....directed
toward establishing a method to determine the price at
which the CWB is selling agricultural goods to the
United States and the CWB's acquisition price for those
goods''; and
(B) the provision of the implementing legislation
requiring that ``the President will enter into
immediate consultation with the Government of Canada to
obtain the exclusion from the transport rates
established under Canada's Western Grain Transportation
Act of agricultural goods that originate in Canada and
are shipped via east coast ports for consumption in the
United States,'',
yet to date there has been no progress on these consultations;
and
(3) the failure of the United States successfully to pursue
the consultations described in subsection (b) led to a flawed
binational panel decision that renders meaningless the plain
language of Article 701(3) of the United States-Canada Free-
Trade Agreement, which states that ``Neither Party, including
any public entity that it establishes or maintains, shall sell
agricultural goods for export to the territory of the other
Party at a price below the acquisition price of the goods plus
any storage, handling or other cost incurred by it with respect
to those goods.''.
TITLE I--GRAIN TRADE NEGOTIATIONS
SEC. 101. PRICE TRANSPARENCY.
(a) Negotiations.--The President shall immediately pursue
negotiations with the Government of Canada to establish a method to
determine the price at which the Canadian Wheat Board is selling
agricultural goods to the United States and the Board's acquisition
price for such goods, as required under the fourth paragraph of chapter
7(B,1,c) of the Statement of Administrative Action accompanying the
United States-Canada Free-Trade Agreement Implementation Act of 1988.
(b) Action Upon Failure.--If, within 120 days after the date of the
enactment of this Act, negotiations under subsection (a) fail--
(1) to establish the method of determining prices under
subsection (a), or
(2) to establish procedures for obtaining the data
necessary to implement such method,
Canada shall be treated as in violation of Article 2101 of the United
States-Canada Free-Trade Agreement and all imports of Canadian grain to
the United States shall be suspended until the President certifies that
successful negotiations under subsection (a) have been completed.
SEC. 102. RAIL TRANSPORTATION SUBSIDY.
(a) Negotiations.--The President shall immediately pursue the
consultations with the Government of Canada described in section
304(a)(2) of the United States-Canada Free-Trade Agreement
Implementation Act of 1988, relating to the exclusion from the
transport rates established under Canada's Western Grain Transportation
Act of agricultural goods that originate in Canada and are shipped via
east coast ports for consumption in the United States.
(b) Action Upon Failure.--If, within 120 days after the date of the
enactment of this Act, negotiations under subsection (a) fail to obtain
the exclusion described in subsection (a), all imports of Canadian
grain receiving the benefits of the transport rates shall be suspended
until the President certifies that successful negotiations under
subsection (a) to terminate such benefits have been completed.
SEC. 103. ACQUISITION PRICE OF GRAIN.
(a) Negotiations.--The President shall immediately pursue
negotiations with the Government of Canada to clarify the meaning of
the term ``acquisition price'' in Article 701(3) of the United States-
Canada Free-Trade Agreement (and any other provision accompanying such
agreement) so that such term includes--
(1) the value of any transportation subsidy applied to
grain entering the United States;
(2) all payments to producers by the Canadian Wheat Board
or any government agency; and
(3) any other payments or subsidy incurred by the Canadian
Wheat Board, any government agency, or any private interest in
the acquisition, handling, storage, and transportation of the
grain.
(b) Action Upon Failure.--If, within 120 days after the date of the
enactment of this Act, negotiations under subsection (a) fail to
clarify the meaning of the term ``acquisition price'', all imports of
Canadian grain shall be suspended until the President certifies that
successful negotiations under subsection (a) have been completed.
SEC. 104. ASSISTANCE IN COUNTERVAILING DUTY CASES.
Each Federal agency (other than the United States International
Trade Commission) shall provide full technical assistance and support
to any petitioner in any countervailing duty or antidumping action
under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with
respect to the subsidies provided by Canada in connection with the
exportation of wheat or barley to the United States.
TITLE II--AGRICULTURAL TRADE PROGRAMS
SEC. 201. USE OF EXPORT ENHANCEMENT PROGRAM TO PROMOTE GRAIN EXPORTS.
Section 301(b) of the Agricultural Trade Act of 1978 (7 U.S.C.
5651(b)) is amended by adding at the end the following new paragraph:
``(9) Promotion of grain exports.--
``(A) In general.--The Secretary shall aggressively
use the program established under this section to
permit exporters, users, processors, and foreign
purchasers of grains produced in the United States to
compete effectively with exporters, users, processors,
and foreign purchasers of grains produced in Canada,
taking into account--
``(i) the transportation subsidies provided
by the Government of Canada to promote grain
sales to Mexico; and
``(ii) the sale of wheat in all foreign
markets by the Canadian Wheat Board at a price
that is less than the full acquisition cost for
the wheat.
``(B) Duration.--The requirements of subparagraph
(A) shall apply--
``(i) to counteract the transportation
subsidies described in subparagraph (A)(i),
until an agreement is concluded with the
Government of Canada to exclude agricultural
goods from transport rates as described in
section 304(a)(2) of the United States-Canada
Free-Trade Agreement Implementation Act of 1988
(19 U.S.C. 2112 note); and
``(ii) to counteract the sale of wheat by
the Canadian Wheat Board described in
subparagraph (A)(ii), until an agreement is
concluded with the Government of Canada to
ensure the sale of wheat by the Canadian Wheat
Board at a price that is no less than the full
acquisition cost for the wheat.''.
SEC. 202. AGRICULTURAL EXPORT PROGRAM PROTECTION.
(a) In General.--Title XV of the Food, Agriculture, Conservation,
and Trade Act of 1990 (Public Law 101-624) is amended by adding at the
end the following new subtitle:
``Subtitle G--Agricultural Export Program Protection
``SEC. 1581. DEFINITIONS.
``As used in this subtitle:
``(1) Agricultural trade program.--The term `agricultural
trade program' means an export promotion, export credit, export
credit guarantee, export bonus, or other export or
international food aid program carried out through, or
administered by, the Commodity Credit Corporation, including
such a program carried out under--
``(A) the Agricultural Trade Act of 1978 (7 U.S.C.
5601 et seq.)--
``(i) including the export enhancement
program established by section 301 of such Act
(7 U.S.C. 5651); but
``(ii) excluding the market promotion
program established by section 203 of such Act
(7 U.S.C. 5623);
``(B) the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1691 et seq.);
``(C) section 416 of the Agricultural Act of 1949
(7 U.S.C. 1431); or
``(D) section 5 of the Commodity Credit Corporation
Charter Act (15 U.S.C. 714c).
``(2) Covered foreign commodity.--The term `covered foreign
commodity' means wheat, feed grains, or soybeans produced in a
foreign country that is imported into the customs territory of
the United States.
``(3) Entry.--The term `entry' means the entry into, or the
withdrawal from warehouse for consumption in, the customs
territory of the United States.
``(4) Person.--The term `person' includes an exporter, an
assignee, and a participant in an agricultural trade program.
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(6) United states agricultural commodity.--The term
`United States agricultural commodity' has the same meaning
given the term in section 102(7) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5602(7)).
``SEC. 1582. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN
COMMODITIES.
``(a) In General.--
``(1) End-use certificate.--An end-use certificate that
meets the requirements of subsection (b) shall be included in
the documentation covering the entry of any covered foreign
commodity.
``(2) Quarterly reports.--A consignee of a covered foreign
commodity (including a secondary consignee of a covered foreign
commodity and a consignee of a covered foreign commodity that
has been commingled with a commodity produced in the United
States) shall submit to the Secretary a quarterly report that
certifies--
``(A) what percentage of the covered foreign
commodity that is subject to an end-use certificate was
used by the consignee during the quarter; and
``(B)(i) that the covered foreign commodity
referred to in paragraph (1) was used by the consignee
for the purpose stated in the end-use certificate; or
``(ii) if ownership of the covered foreign
commodity is transferred, the name and address and
other information, as determined by the Secretary, of
the entity (or consignee) to whom it is transferred.
``(b) End-Use Certificate and Quarterly Report Content.--The end-
use certificates and quarterly reports required under subsection (a)
shall be in such form, and require such information, as the Secretary
considers necessary or appropriate to carry out this section. At a
minimum, the Secretary shall require that end-use certificates and
quarterly reports indicate--
``(1) in the case of the end-use certificate--
``(A) the name and address of the importer of
record of the covered foreign commodity that is subject
to the certificate;
``(B) the name and address of the consignee of the
covered foreign commodity;
``(C) the identification of the country of origin
of the covered foreign commodity;
``(D) a description by class and quantity of the
covered foreign commodity;
``(E) the specification of the purpose for which
the consignee will use the covered foreign commodity;
and
``(F) the identification of the transporter of the
covered foreign commodity from the port of entry to the
processing facility of the consignee; and
``(2) in the case of the quarterly report--
``(A) the information referred to in subparagraphs
(A) and (B) of paragraph (1);
``(B) the identification of the end-use
certificates currently held by the consignee;
``(C) a statement of the quantity of the covered
foreign commodity that is the subject of each of the
end-use certificates identified under subparagraph (B)
that was used during the quarter;
``(D) a statement of the use made during the
quarter by the consignee of each quantity referred to
in subparagraph (C);
``(E) a statement of the quantity of the covered
foreign commodity that was exported by the consignee
during the quarter;
``(F) a statement of the quantity of the covered
foreign commodity that was commingled with commodities
produced in the United States and the disposition of
the commingled commodities; and
``(G) a statement of the quantity of any covered
foreign commodity that is transferred to a subsequent
consignee, the name and address of the consignee, and
the change in end-use.
``(c) Sales Price.--The Secretary may require the importer or the
first consignee of a covered foreign commodity to report to the
Secretary the sales price of a covered foreign commodity that is
subject to an end-use certificate issued under this section if the
Secretary considers the sales price necessary to facilitate enforcement
of United States trade laws and international agreements.
``(d) Confidentiality.--In carrying out this section, the Secretary
shall take such actions as are necessary to ensure the confidentiality
and privacy of purchasers of covered foreign commodities.
``(e) Entry Prohibited Unless End-Use Certificate Presented.--The
Commissioner of Customs may not permit the entry of a covered foreign
commodity unless the importer of record presents at the time of entry
of the covered foreign commodity an end-use certificate that complies
with the applicable requirements of this section.
``(f) Penalties.--
``(1) Customs penalties.--End-use certificates required
under this section shall be treated as any other customs
documentation for purposes of applying the customs laws that
prohibit the entry, or the attempt to enter, merchandise by
fraud, gross negligence, or negligence.
``(2) Civil penalties.--Any person who knowingly violates
any requirement prescribed by the Secretary to carry out this
section is punishable by a civil penalty in an amount not to
exceed $10,000.
``(g) Regulations.--The Secretary shall prescribe such regulations
as are necessary to carry out this section, including regulations
regarding the preparation and submission of the quarterly reports
required under subsection (a)(2).
``SEC. 1583. COMPLIANCE PROVISIONS.
``Subsections (b) and (c) of section 402 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5662) shall apply to the programs authorized
under this subtitle.
``SEC. 1584. SUSPENSION OR DEBARMENT FOR USE OF FOREIGN AGRICULTURAL
COMMODITIES IN CERTAIN AGRICULTURAL TRADE PROGRAMS.
``(a) Hearing.--The Commodity Credit Corporation shall provide a
person with an opportunity for a hearing before suspending or debarring
the person from participation in an agricultural trade program for
using a foreign agricultural commodity in violation of the terms and
conditions of the program.
``(b) Waiver.--
``(1) In general.--The Commodity Credit Corporation may
waive the suspension or debarment of a person from
participation in an agricultural trade program for using a
foreign agricultural commodity in violation of the terms and
conditions of the program if the person demonstrates, to the
satisfaction of the Corporation, that--
``(A) the use of the foreign agricultural commodity
was unintentional; and
``(B) the quantity of the foreign agricultural
commodity used was less than 1 percent of the total
quantity of the commodity involved in the transaction.
``(2) Other penalties.--Any waiver by the Commodity Credit
Corporation of a suspension or debarment of a person under
paragraph (1) shall not affect the liability of the person for
any other penalty imposed under an agricultural trade program
for the quantity of the foreign agricultural commodity
involved.''.
(b) Effective Date.--This section and the amendment made by this
section shall become effective 120 days after the date of enactment of
this Act.
S 730 IS----2 | United States-Canada Fair Grain Trade Act of 1993 -
Title I: Grain Trade Negotiations
- Directs the President to negotiate with Canada to: (1) establish a method to determine the price at which the Canadian Wheat Board sells agricultural goods to the United States (as well as the Board's acquisition price) as required under the Statement of Administrative Action of the United States-Canada Free-Trade Agreement Implementation Act of 1988; (2) exclude from the transport rates established under Canada's Western Grain Transportation Act Canadian agricultural goods shipped via east coast ports for U.S. consumption; and (3) clarify the meaning of "acquisition price" so that it includes certain subsidy payments to Canadian producers, handlers, grain storers, and transporters. Sets forth sanctions for failure of such negotiations.
Requires Federal agencies (other than the United States International Trade Commission) to provide technical assistance to countervailing duty and antidumping duty petitioners with respect to Canadian subsidies on exports of wheat or barley to the United States.
Title II: Agricultural Trade Programs
- Amends the Agricultural Trade Act of 1978 to direct the Secretary of Agriculture (Secretary) to promote use of a program which permits exporters, users, processors, and foreign purchasers of U.S. grain to compete with exporters, users, processors, and foreign purchasers of Canadian grain and that takes into account: (1) Canadian transportation subsidies to promote grain sales to Mexico; and (2) sale of wheat in foreign markets by the Canadian Wheat Board at a price below its acquisition cost.
Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to require an end-use certificate that meets specified requirements to be included in documentation covering the entry of covered foreign commodities (imported wheat, feed grains, or soybeans). Requires a consignee of a covered foreign commodity to report quarterly to the Secretary. Sets forth civil penalties for non-compliance.
Requires the Commodity Credit Corporation to provide an opportunity for a hearing before suspending or debarring a person from participation in an agricultural trade program for using a foreign agricultural commodity in violation of the conditions of such program. | {"src": "billsum_train", "title": "United States-Canada Fair Grain Trade Act of 1993"} | 3,683 | 470 | 0.605496 | 1.974588 | 0.74386 | 3.927711 | 8.014458 | 0.906024 |
SECTION 1. OFFSET OF PAST-DUE, LEGALLY ENFORCEABLE STATE TAX
OBLIGATIONS AGAINST OVERPAYMENTS.
(a) In General.--Section 6402 of the Internal Revenue Code of 1986
is amended by redesignating subsections (e) through (i) as subsections
(f) through (j), respectively, and by inserting after subsection (d)
the following new subsection:
``(e) Collection of Past-Due, Legally Enforceable State Tax
Obligations.--
``(1) In general.--Upon receiving notice from any State
that a named person owes a past-due, legally enforceable State
tax obligation to such State, the Secretary shall, under such
conditions as may be prescribed by the Secretary--
``(A) reduce the amount of any overpayment payable
to such person by the amount of such State tax
obligation;
``(B) pay the amount by which such overpayment is
reduced under subparagraph (A) to such State and notify
such State of such person's name, taxpayer
identification number, address, and the amount
collected; and
``(C) notify the person making such overpayment
that the overpayment has been reduced by an amount
necessary to satisfy a past-due, legally enforceable
State tax obligation.
If an offset is made pursuant to a joint return, the notice
under subparagraph (B) shall include the names, taxpayer
identification numbers and addresses of each person filing such
return.
``(2) Priorities for offset.--Any overpayment by a person
shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant
to--
``(i) subsection (a) with respect to any
liability for any internal revenue tax on the
part of the person who made the overpayment,
``(ii) subsection (c) with respect to past-
due support, and
``(iii) subsection (d) with respect to any
past-due, legally enforceable debt owed to a
Federal agency, and
``(B) before such overpayment is credited to the
future liability for any Federal internal revenue tax
of such person pursuant to subsection (b).
If the Secretary receives notice from one or more State
agencies of more than one debt subject to paragraph (1) that is
owed by such person to such an agency, any overpayment by such
person shall be applied against such debts in the order in
which such debts accrued.
``(3) Notice; consideration of evidence.--No State may take
action under this subsection until such State--
``(A) notifies the person owing the past-due State
tax liability that the State proposes to take action
pursuant to this section,
``(B) gives such person at least 60 days to present
evidence that all or part of such liability is not
past-due or not legally enforceable,
``(C) considers any evidence presented by such
person and determines that an amount of such debt is
past-due and legally enforceable, and
``(D) satisfies such other conditions as the
Secretary may prescribe to ensure that the
determination made under subparagraph (C) is valid and
that the State has made reasonable efforts to obtain
payment of such State tax obligation.
``(4) Past-due, legally enforceable state tax obligation.--
For purposes of this subsection, the term `past-due, legally
enforceable State tax obligation' means a debt--
``(A)(i) which resulted from--
``(I) a judgment rendered by a court of
competent jurisdiction which has determined an
amount of State tax to be due, or
``(II) a determination after an
administrative hearing which has determined an
amount of State tax to be due, and
``(ii) which is no longer subject to judicial
review, or
``(B) which resulted from a State tax which has
been assessed but not collected, the time for
redetermination of which has expired, and which has not
been delinquent for more than 10 years.
For purposes of this paragraph, the term `State tax' includes
any local tax administered by the chief tax administration
agency of the State.
``(5) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which States must submit
notices of past-due, legally enforceable State tax obligations
and the necessary information that must be contained in or
accompany such notices. The regulations shall specify the types
of State taxes and the minimum amount of debt to which the
reduction procedure established by paragraph (1) may be
applied. The regulations may require States to pay a fee to
reimburse the Secretary for the cost of applying such
procedure. Any fee paid to the Secretary pursuant to the
preceding sentence shall be used to reimburse appropriations
which bore all or part of the cost of applying such procedure.
``(6) Erroneous payment to state.--Any State receiving
notice from the Secretary that an erroneous payment has been
made to such State under paragraph (1) shall pay promptly to
the Secretary, in accordance with such regulations as the
Secretary may prescribe, an amount equal to the amount of such
erroneous payment (without regard to whether any other amounts
payable to such State under such paragraph have been paid to
such State).''
(b) Disclosure of Certain Information to States Requesting Refund
Offsets for Past-Due, Legally Enforceable State Tax Obligations.--
(1) Paragraph (10) of section 6103(l) of the Internal
Revenue Code of 1986 is amended by striking ``(c) or (d)'' and
inserting ``(c), (d), or (e)''.
(2) The paragraph heading for such paragraph (10) is
amended by striking ``section 6402(c) or 6402(d)'' and
inserting ``subsection (c), (d), or (e) of section 6402''.
(c) Conforming Amendments.--
(1) Subsection (a) of section 6402 of the Internal Revenue
Code of 1986 is amended by striking ``(c) and (d)'' and
inserting ``(c), (d), and (e)''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended by striking ``and before such overpayment'' and
inserting ``and before such overpayment is reduced pursuant to
subsection (e) and before such overpayment''.
(3) Subsection (f) of section 6402 of such Code, as
redesignated by subsection (a), is amended--
(A) by striking ``(c) or (d)'' and inserting ``(c),
(d), or (e)'', and
(B) by striking ``Federal agency'' and inserting
``Federal agency or State''.
(4) Subsection (h) of section 6402 of such Code, as
redesignated by subsection (a), is amended by striking
``subsection (c)'' and inserting ``subsection (c) or (e)''.
(d) Effective Date.--The amendments made by this section shall
apply to refunds payable under section 6402 of the Internal Revenue
Code of 1986 after December 31, 1996. | Amends the Internal Revenue Code to allow the reduction of any overpayment to pay past-due, legally enforceable State tax obligations. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide that the amount of an overpayment otherwise payable to any person shall be reduced by the amount of past-due, legally enforceable State tax obligations of such person."} | 1,603 | 30 | 0.576479 | 1.363758 | 0.41224 | 4.75 | 62.375 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Safety Act
Improvements Act of 2009''.
SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF
TITLE 18.
(a) Carrying of Concealed Firearm by Qualified Law Enforcement
Officer.--Section 926B of title 18, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``(or
apprehension)'' after ``arrest''; and
(B) in paragraph (3), by inserting ``which could
result in suspension or loss of police powers'' before
the semicolon;
(2) by striking subsection (e) and inserting the following:
``(e) As used in this section, the term `firearm' has the same
meaning as defined in section 921 of this title and is deemed to
include ammunition the possession of which is not expressly prohibited
by Federal law, or which are not subject to the provisions of the
National Firearms Act, but does not include--
``(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(2) any firearm silencer (as defined in section 921 of
this title); or
``(3) any destructive device (as defined in section 921 of
this title).''; and
(3) by adding at the end the following:
``(f) For purposes of this section, a law enforcement officer of
the Amtrak Police Department, a law enforcement officer of the Federal
Reserve System, and a law enforcement or police officer of the
executive branch of the Federal Government qualifies as an employee of
a governmental agency who is authorized by law to engage in or
supervise the prevention, detection, investigation, or prosecution of,
or the incarceration of any person for, any violation of law, and has
statutory powers of arrest (or apprehension).''.
(b) Carrying of Concealed Firearm by Qualified Retired Law
Enforcement Officer.--Section 926C of title 18, United States Code, is
amended--
(1) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) separated from service in good standing, or was
honorably discharged from service, with a public agency as a
law enforcement officer;''.
(B) in paragraph (2)--
(i) by striking ``retirement'' and
inserting ``separation''; and
(ii) by inserting ``or apprehension'' after
``arrest''; and
(C) by striking paragraphs (3) through (5) and
inserting the following:
``(3)(A) before such separation, served as a law
enforcement officer for an aggregate of 10 years or more; or
``(B) separated from service with the agency, after
completing any applicable probationary period of such service,
due to a service-connected disability, as determined by the
agency;
``(4) during the most recent 12-month period, has met, at
the expense of the individual, the standards for qualification
in firearms training for active law enforcement officers as set
by the agency, the State in which the officer resides, or if
the State has not established the standards, a law enforcement
agency in the State in which the officer resides;
``(5)(A) has not been found by a physician, licensed as
such under State law, to not be qualified to handle a firearm
for reasons related to mental health; and
``(B) has not entered into an agreement with the agency, in
which the officer acknowledges he is not qualified to handle a
firearm for reasons related to mental health;'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``retired'' and inserting
``separated''; and
(ii) by striking ``to meet the standards
established by the agency for training and
qualification for active law enforcement
officers to carry a firearm of the same type as
the concealed firearm; or'' and inserting ``to
meet the active duty standards for
qualification in firearms training as
established by the agency to carry a firearm of
the same type as the concealed firearm or'';
and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``retired'' and inserting ``separated''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) a certification issued by the State in which
the individual resides, or by a certified firearms
instructor that is qualified to conduct a firearms
qualification test for active duty officers in the
State, which indicates that the individual has, not
less recently than 1 year before the date the
individual is carrying the concealed firearm, been
tested or otherwise found by the State or the certified
firearms instructor to have met--
``(i) the active duty standards for
qualification in firearms training as
established by the State to carry a firearm of
the same type as the concealed firearm; or
``(ii) if the State has not established
such standards, standards set by a law
enforcement agency in the State to carry a
firearm of the same type as the concealed
firearm.''.
(3) by striking subsection (e) and inserting the following:
``(e) As used in this section, the term `firearm' has the same
meaning as defined in section 921 of this title and is deemed to
include ammunition the possession of which is not expressly prohibited
by Federal law, or which are not subject to the provisions of the
National Firearms Act, but does not include--
``(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(2) any firearm silencer (as defined in section 921 of
this title); or
``(3) any destructive device (as defined in section 921 of
this title).''; and
(4) by adding at the end the following:
``(f) In this section, the term `service with a public agency as a
law enforcement officer' includes service as a law enforcement officer
of the Amtrak Police Department, service as a law enforcement officer
of the Federal Reserve System, service as a law enforcement officer or
in a primarily law enforcement capacity for a branch of the United
States Armed Forces, or as a law enforcement or police officer of the
executive branch of the Federal Government.''.
(c) Possession of Firearm in a School Zone by Qualified Law
Enforcement Officer or Qualified Retired Law Enforcement Officer.--
Section 922(q)(2)(B)(vi) of such title is amended by inserting ``, a
qualified law enforcement officer (as defined in section 926B(c)), or a
qualified retired law enforcement officer (as defined in section
926C(c))'' before the semicolon. | Law Enforcement Officers Safety Act Improvements Act of 2009 - Amends the federal criminal code to: (1) expand the definition of "law enforcement officers," for purposes of provisions authorizing such officers to carry concealed weapons, to include current and retired law enforcement officers of the Amtrak Police Department, the Federal Reserve System, the executive branch, and the Armed Forces; (2) allow law enforcement officers who are retired or who separated in good standing after at least ten years of service to carry a concealed weapon; and (3) expand the categories of law enforcement officers authorized to possess a fireman in a school zone to include retired law enforcement officers. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to improve the provisions relating to the carrying of concealed weapons by law enforcement officers, and for other purposes."} | 1,563 | 135 | 0.514471 | 1.282455 | 0.647924 | 2.261905 | 11.579365 | 0.865079 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildfire Disaster Funding Act of
2015''.
SEC. 2. WILDFIRE DISASTER FUNDING AUTHORITY.
(a) In General.--Section 251(b)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended
by adding at the end the following:
``(E) Flame wildfire suppression.--
``(i) If a bill or joint resolution making
appropriations for a fiscal year is enacted
that specifies an amount for wildfire
suppression operations in the Wildland Fire
Management accounts at the Department of
Agriculture or the Department of the Interior,
then the adjustments for that fiscal year shall
be the amount of additional new budget
authority provided in that Act for wildfire
suppression operations for that fiscal year,
but shall not exceed--
``(I) for fiscal year 2016,
$1,410,000,000 in additional new budget
authority;
``(II) for fiscal year 2017,
$1,460,000,000 in additional new budget
authority;
``(III) for fiscal year 2018,
$1,560,000,000 in additional new budget
authority;
``(IV) for fiscal year 2019,
$1,780,000,000 in additional new budget
authority;
``(V) for fiscal year 2020
$2,030,000,000 in additional new budget
authority;
``(VI) for fiscal year 2021,
$2,320,000,000 in additional new budget
authority;
``(VII) for fiscal year 2022,
$2,650,000,000 in additional new budget
authority;
``(VIII) for fiscal year 2023,
$2,690,000,000 in additional new budget
authority;
``(IX) for fiscal year 2024,
$2,690,000,000 in additional new budget
authority; and
``(X) for fiscal year 2025,
$2,690,000,000 in additional new budget
authority.
``(ii) As used in this subparagraph--
``(I) the term `additional new
budget authority' means the amount
provided for a fiscal year, in excess
of 70 percent of the average costs for
wildfire suppression operations over
the previous 10 years, in an
appropriation Act and specified to pay
for the costs of wildfire suppression
operations; and
``(II) the term `wildfire
suppression operations' means the
emergency and unpredictable aspects of
wildland firefighting including
support, response, and emergency
stabilization activities; other
emergency management activities; and
funds necessary to repay any transfers
needed for these costs.
``(iii) The average costs for wildfire
suppression operations over the previous 10
years shall be calculated annually and reported
in the President's Budget submission under
section 1105(a) of title 31, United States
Code, for each fiscal year.''.
(b) Disaster Funding.--Section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)) is
amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``and'' and
inserting ``plus'';
(B) in subclause (II), by striking the period and
inserting ``; less''; and
(C) by adding the following:
``(III) the additional new budget
authority provided in an appropriation
Act for wildfire suppression operations
pursuant to subparagraph (E) for the
preceding fiscal year.''; and
(2) by adding at the end the following:
``(v) Beginning in fiscal year 2018 and in
subsequent fiscal years, the calculation of the
`average funding provided for disaster relief
over the previous 10 years' shall include the
additional new budget authority provided in an
appropriation Act for wildfire suppression
operations pursuant to subparagraph (E) for the
preceding fiscal year.''.
(c) Reporting Requirements.--If the Secretary of the Interior or
the Secretary of Agriculture determines that supplemental
appropriations are necessary for a fiscal year for wildfire suppression
operations, such Secretary shall promptly submit to Congress--
(1) a request for such supplemental appropriations; and
(2) a plan detailing the manner in which such Secretary
intends to obligate the supplemental appropriations by not
later than 30 days after the date on which the amounts are made
available. | Wildfire Disaster Funding Act of 2015 This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require specified adjustments to discretionary spending limits in FY2016-FY2025 to accommodate appropriations for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture (USDA) or the Department of the Interior. If USDA or Interior determines that supplemental appropriations are necessary for wildfire suppression operations, the bill requires the relevant department to submit to Congress a request for the funding and a plan for obligating the funds. The bill also requires the President's budget to include the average costs for wildfire suppression over the previous 10 years. | {"src": "billsum_train", "title": "Wildfire Disaster Funding Act of 2015"} | 969 | 147 | 0.567518 | 1.483124 | 0.792827 | 2.716667 | 7.308333 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Managed Care Integrity Act of
2000''.
SEC. 2. LIMITATION OF ADMINISTRATIVE EXPENSES AND PROFITS OF MANAGED
CARE ENTITIES.
(a) Application To Managed Care Entities.--
(1) In general.--Notwithstanding any other provision of
law, each health benefits plan offered by a managed care entity
shall ensure that, with respect to a contract year, the
actuarial value of the aggregate benefits provided under the
plan during such year to enrollees is not less than 85 percent
of the aggregate amount of payments received from, or on behalf
of, such enrollees for such year.
(2) Waiver of requirements.--
(A) In general.--The Secretary of Health and Human
Services may waive the requirement of paragraph (1) for
a 12-month period with respect to a waive the
requirement of paragraph (1) for a 12-month period with
respect to a managed care entity if the Secretary
determines, based on the recommendations of the agency
responsible for licensing such entity (or the health
care plans of such entity) in a State, that--
(i) the solvency of the entity is in
jeopardy; or
(ii) compliance with the requirement would
cause the entity to fail to meet the solvency
requirements required for licensure in the
State.
(B) Renewals.--The Secretary of Health and Human
Services may renew a waiver under subparagraph (A),
except that the no waiver may granted for a period in
excess of 24 months in any 36-month period.
(3) Administrative costs.--
(A) Limitation.--For purposes of this subsection,
the costs associated with the management and operation
of a managed care plan (including the costs of
compensation and personnel fringe benefits, interest
expenses, costs of occupancy of a facility, and
marketing costs) shall not be included in determining
the actuarial value of the aggregate benefits provided
under the plan.
(B) Regulations.--The Secretary of Health and Human
Services shall promulgate regulations to define ``costs
associated with the management and operation of a
manages care plan'' for purposes of subparagraph (A).
(4) Definition.--For purposes of this subsection, the term
``managed care entity'' shall include--
(A) managed care entities providing health care
coverage for individuals under a group health plan or
individual health insurance coverage;
(B) medicaid managed care organizations as defined
in section 1903(m)(1)(A);
(C) managed care entities that provide health care
coverage for individuals under the Federal Employees
Health Benefits Program under chapter 89 of title 5,
United States Code; and
(D) managed care entities that provide health care
coverage for members of the armed forces and their
families under chapter 55 of title 10, United States
Code.
(5) Effective date.--Paragraph (1) shall apply to contract
years beginning on or after January 1, 2001.
(6) Enforcement.--The Secretary of Health and Human
Services shall develop formal investigation and compliance
procedures with respect to complaints received by the Secretary
concerning the failure of a health benefits plan to comply with
the provisions of this subsection. Under such procedures--
(A) the Secretary shall provide the plan with the
reasonable opportunity to develop and implement a
corrective action plan to correct the deficiencies that
were the basis of the complaint received by the
Secretary; and
(B) the Secretary shall provide the plan with
reasonable notice and opportunity for hearing
(including the right to appeal an initial decision)
prior to applying the sanctions described in subsection
(c).
(b) Medicare+Choice Organizations.--
(1) In general.--Section 1852 of the Social Security Act
(42 U.S.C. 1395w-25) is amended by adding at the end the
following new subsection:
``(l) Requirement Relating to the Provision of Benefits.--
``(1) In general.--Each Medicare+Choice plan offered by a
Medicare+Choice organization shall ensure that, with respect to
a contract year, the actuarial value of the aggregate benefits
provided under the plan during such year to Medicare+Choice
eligible individuals enrolled in the plan is not less than 85
percent of the aggregate amount of payments received from, or
on behalf of, such individuals for such year.
``(2) Waiver of requirement.--
``(A) In general.--The Secretary may waive the
requirement under paragraph (1) for a 12-month period
with respect to a Medicare+Choice plan offered by
a Medicare+Choice organization, if the Secretary determines, based,
except for an organization with a waiver under section 1855(a)(2), on
the recommendations of the agency responsible for licensing such plan
in a State, that--
``(i) the solvency of the Medicare+Choice
organization is in jeopardy; or
``(ii) compliance with the requirement
would cause the Medicare+Choice organization to
fail to meet the solvency requirements required
for licensure in the State or under this part.
``(B) Renewals.--The Secretary may renew a waiver
under subparagraph (A), except that no waiver may be
granted for a period in excess of 24 months in any 36-
month period.
``(3) Administrative costs.--
``(A) Limitation.--For purposes of this subsection,
the costs associated with the management and operation
of a Medicare+Choice plan (including the costs of
compensation and personnel fringe benefits, interest
expenses, costs of occupancy of a facility, and
marketing costs) shall not be included in determining
the actuarial value of the aggregate benefits provided
under the plan.
``(B) Regulations.--The Secretary of Health and
Human Services shall promulgate regulations to define
`costs associated with the management and operation of
a manages care plan' for purposes of subparagraph (A).
``(4) Enforcement.--The Secretary of Health and Human
Services may terminate a contract with a Medicare+Choice
organization under section 1857 in accordance with formal
investigation and compliance procedures established by the
Secretary under which--
``(A) the Secretary provides the organization with
the reasonable opportunity to develop and implement a
corrective action plan to correct the deficiencies that
were the basis of the Secretary's determination under
this paragraph; and
``(B) the Secretary provides the organization with
reasonable notice and opportunity for hearing
(including the right to appeal an initial decision)
before terminating the contract.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to contract years beginning on or after January 1,
2001.
(c) Sanctions.--
(1) In general.--If the Secretary of Health and Human
Services determines that a health benefits plan or a
Medicare+Choice organization fails substantially to comply with
the provision of this Act or section 1852(l) of the Social
Security Act the Secretary may provide, in addition to any
other remedies authorized by law, for any of the remedies
described in paragraph (2).
(2) Remedies.--The remedies described in this paragraph
are--
(A) civil money penalties of not more than $25,000
for each determination under paragraph (1) or, with
respect to such a determination involving
misrepresentation or falsifying information, of not
more than $100,000 for each such determination; and
(B) with respect to Medicare+Choice organizations--
(i) suspension of enrollment of individuals
under part C of title XVIII of the Social
Security Act after the date the Secretary
notifies the organization of a determination
under paragraph (1) and until the Secretary is
satisfied that the basis for such determination
has been corrected and is not likely to recur;
or
(ii) suspension of payment to the
organization under such part for individuals
enrolled after the date the Secretary notifies
the organization of a determination under
paragraph (1) and until the Secretary is
satisfied that the basis for such determination
has been corrected and is not likely to recur. | Requires the Secretary of Health and Human Services to develop formal investigation and compliance procedures with respect to complaints concerning failures of health benefits plans to comply with this Act.
Amends title XVIII (Medicare) of the Social Security Act to apply the requirements of the Managed Care Integrity Act of 2000 to Medicare+Choice organizations.
Sets forth remedies with respect to failures to comply with this Act, including monetary penalties, and, with respect to Medicare+Choice organizations, suspension of enrollment of individuals or payments. | {"src": "billsum_train", "title": "Managed Care Integrity Act of 2000"} | 1,754 | 115 | 0.436109 | 1.142184 | 0.554173 | 2.655914 | 17.247312 | 0.913978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe American Roads Act of 2007''.
SEC. 2. LIMITATION ON GRANTING AUTHORITY.
The Secretary of Transportation may not grant authority to a motor
carrier domiciled in Mexico to operate beyond United States
municipalities and commercial zones on the United States-Mexico border,
except under the pilot program authorized by this Act.
SEC. 3. PILOT PROGRAM.
(a) In General.--The Secretary of Transportation may carry out, in
accordance with section 350 of Public Law 107-87, section 31315(c) of
title 49, United States Code, all Federal motor carrier safety laws and
regulations, and this Act, a pilot program that grants authority to not
more than 100 motor carriers domiciled in Mexico to operate beyond
United States municipalities and commercial zones on the United States-
Mexico border.
(b) Limitation on Commercial Motor Vehicles Participating in Pilot
Program.--The number of commercial motor vehicles owned or leased by
motor carriers domiciled in Mexico which may be used to participate in
the pilot program shall not exceed 1,000.
(c) Pilot Program Prerequisites.--The Secretary may not initiate
the pilot program under subsection (a) until--
(1) the Inspector General of the Department of
Transportation submits to Congress and the Secretary a report--
(A) independently verifying that the Department is
in compliance with each of the requirements of
subsections (a) and (b) of section 350 of Public Law
107-87; and
(B) including a determination of whether the
Department has established sufficient mechanisms--
(i) to apply Federal motor carrier safety
laws and regulations to motor carriers
domiciled in Mexico; and
(ii) to ensure compliance with such laws
and regulations by motor carriers domiciled in
Mexico who will be granted authority to operate
beyond United States municipalities and
commercial zones on the United States-Mexico
border;
(2) the Secretary of Transportation--
(A) takes such action as may be necessary to
address any issues raised in the report of the
Inspector General under paragraph (1); and
(B) submits to Congress a detailed report
describing such actions;
(3) the Secretary determines that there is a program in
effect for motor carriers domiciled in the United States to be
granted authority to begin operations in Mexico beyond
commercial zones on the United States-Mexico border;
(4) the Secretary publishes in the Federal Register and
provides sufficient opportunity for public comment on the
following:
(A) a detailed description of the pilot program and
the amount of funds the Secretary will need to expend
to carry out the pilot program;
(B) the findings of each pre-authorization safety
audit conducted, before the date of enactment of this
Act, by inspectors of the Federal Motor Carrier Safety
Administration of motor carriers domiciled in Mexico
and seeking to participate in the pilot program;
(C) a process by which the Secretary will be able
to revoke Mexico-domiciled motor carrier operating
authority under the pilot program;
(D) specific measures to be required by the
Secretary to protect the health and safety of the
public, including enforcement measures and penalties
for noncompliance;
(E) specific measures to be required by the
Secretary to enforce the requirements of section
391.11(b)(2) of title 49, Code of Federal Regulations,
as in effect on the date of enactment of this Act;
(F) specific standards to be used to evaluate the
pilot program and compare any change in the level of
motor carrier safety as a result of the pilot program;
(G) penalties to be levied against carriers who,
under the pilot program, violate section 365.501(b) of
title 49, Code of Federal Regulations, as in effect on
the date of enactment of this Act;
(H) a list of Federal motor carrier safety laws and
regulations for which the Secretary will accept
compliance with a Mexican law or regulation as the
equivalent to compliance with a corresponding Federal
motor carrier safety law or regulation, including
commercial driver's license requirements; and
(I) for any law or regulation referred to in
subparagraph (H) for which compliance with a Mexican
law or regulation will be accepted, an analysis of how
the requirements of the Mexican and United States laws
and regulations differ; and
(5) the Secretary establishes an independent review panel
under section 4 to monitor and evaluate the pilot program.
SEC. 4. INDEPENDENT REVIEW PANEL.
(a) Establishment of Panel.--The Secretary of Transportation shall
establish an independent review panel to monitor and evaluate the pilot
program under section 3. The panel shall be composed of 3 individuals
appointed by the Secretary.
(b) Duties.--
(1) Evaluation.--The independent review panel shall--
(A) evaluate any effects that the pilot program has
on motor carrier safety, including an analysis of any
crashes involving motor carriers participating in the
pilot program and a determination of whether the pilot
program has had an adverse effect on motor carrier
safety; and
(B) make, in writing, recommendations to the
Secretary.
(2) Recommendations.--If the independent review panel
determines that the pilot program has had an adverse effect on
motor carrier safety, the panel shall recommend, in writing, to
the Secretary--
(A) such modifications to the pilot program as the
panel determines are necessary to address such adverse
effect; or
(B) termination of the pilot program.
(c) Response.--Not later than 5 days after the date of a written
determination of the independent review panel that the pilot program
has had an adverse effect on motor carrier safety, the Secretary shall
take such action as may be necessary to address such adverse effect or
terminate the pilot program.
SEC. 5. INSPECTOR GENERAL REVIEW.
(a) In General.--The Inspector General of the Department of
Transportation--
(1) shall monitor and review the pilot program;
(2) not later than 12 months after the date of initiation
of the pilot program, shall submit to Congress and the
Secretary of Transportation a 12-month interim report on the
Inspector General's findings regarding the pilot program; and
(3) not later than 18 months after the date of initiation
of the pilot program, shall submit to Congress and the
Secretary an 18-month interim report with the Inspector
General's findings regarding the pilot program.
(b) Safety Determinations.--The interim reports submitted under
subsection (a) shall include the determination of the Inspector General
of--
(1) whether the Secretary has established sufficient
mechanisms to determine whether the pilot program is having any
adverse effects on motor carrier safety;
(2) whether the Secretary is taking sufficient action to
ensure that motor carriers domiciled in Mexico and
participating in the pilot program are in compliance with all
Federal motor carrier safety laws and regulations and section
350 of Public Law 107-87; and
(3) the sufficiency of monitoring and enforcement
activities by the Secretary and States to ensure compliance
with such laws and regulations by such carriers.
(c) Report to Congress.--Not later than 60 days after the date of
submission of the 18-month interim report of the Inspector General
under this section, the Secretary shall submit to Congress a report
on--
(1) the actions the Secretary is taking to address any
motor carrier safety issues raised in one or both of the
interim reports of the Inspector General;
(2) evaluation of the Secretary whether granting authority
to additional motor carriers domiciled in Mexico to operate
beyond United States municipalities and commercial zones on the
United States-Mexico border would have any adverse effects on
motor carrier safety;
(3) modifications to Federal motor carrier safety laws and
regulations or special procedures that the Secretary determines
are necessary to enhance the safety of operations of motor
carriers domiciled in Mexico in the United States; and
(4) any recommendations for legislation to make the pilot
program permanent or to expand operations of motor carriers
domiciled in Mexico in the United States beyond municipalities
and commercial zones on the United States-Mexico border.
SEC. 6. DURATION OF PILOT PROGRAM.
(a) In General.--The Secretary of Transportation may carry out the
pilot program under this Act for a period not to exceed 3 years; except
that, if the Secretary does not comply with any provision of this Act,
the authority of the Secretary to carry out the pilot program
terminates.
(b) Final Report.--Not later than 60 days after the last day of the
pilot program, the Secretary shall submit to Congress a final report on
the pilot program.
Passed the House of Representatives May 15, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Safe American Roads Act of 2007 - (Sec. 2) Prohibits the Secretary of Transportation from granting a motor carrier domiciled in Mexico authority to operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border, except that the Secretary may carry out, in accordance with certain federal motor carrier safety and inspection laws and regulations and this Act, a pilot program that allows not more than 100 of such carriers, and not more than 1,000 of their vehicles, to operate beyond such municipalities and zones.
Prohibits the Secretary from implementing the pilot program until: (1) the Inspector General (IG) of the Department of Transportation (DOT) submits to Congress and the Secretary a report verifying that DOT is in compliance with provisions of the Department of Transportation and Related Agencies Appropriations Act, 2002 requiring compliance by motor carriers domiciled in Mexico with certain federal motor carrier safety and inspection laws and regulations and that DOT has established sufficient mechanisms to ensure compliance with such laws and regulations by Mexico-domiciled motor carriers who will operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border; (2) the Secretary takes necessary action to address any issues raised by the IG's report and submits to Congress a report on such actions; (3) there is a program in effect for U.S.-domiciled motor carriers to operate in Mexico beyond commercial zones on the U.S.-Mexico border; and (4) the Secretary publishes in the Federal Register, and provides opportunity for public comment on, certain aspects of the pilot program.
(Sec. 4) Requires the Secretary to: (1) establish an independent review panel to monitor and evaluate the pilot program; and (2) address any determination by the panel that the pilot program has had an adverse effect on motor carrier safety or terminate such program.
(Sec. 5) Requires the IG: (1) to monitor and review the pilot program; and (2) not later than 12 months, and not later than 18 months, after the initiation of the pilot program submit to Congress and the Secretary interim reports that include IG findings and certain safety determinations concerning such program.
Requires the Secretary, not later than 60 days after submission of the IG's 18-month interim report, to report to Congress on: (1) any actions the Secretary is taking to address motor carrier safety issues raised in the IG's interim reports; (2) the Secretary's evaluation of whether granting authority to additional motor carriers domiciled in Mexico to operate beyond U.S. municipalities and commercial zones on the United States-Mexico border would have any adverse effects on motor carrier safety; (3) modifications to federal motor carrier safety laws and regulations or special procedures necessary to enhance the safety of operations of motor carriers domiciled in Mexico in the United States; and (4) any recommendations for legislation to make the pilot program permanent or to expand operations of motor carriers domiciled in Mexico in the United States beyond municipalities and commercial zones on the United States-Mexico border.
(Sec. 6) Authorizes the pilot program for three years, except that if the Secretary does not comply with the requirements of this Act, such program terminates. Requires the Secretary, not later than 60 days after the termination of the pilot program, to submit to Congress a final report on such program. | {"src": "billsum_train", "title": "To limit the authority of the Secretary of Transportation to grant authority to motor carriers domiciled in Mexico to operate beyond United States municipalities and commercial zones on the United States-Mexico border."} | 1,814 | 719 | 0.758512 | 2.574344 | 0.818826 | 4.473934 | 2.815166 | 0.92891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The College Savings Act of 2004''.
SEC. 2. INCREASE IN MAXIMUM ANNUAL CONTRIBUTION FOR COVERDELL EDUCATION
SAVINGS ACCOUNTS.
(a) In General.--Section 530(b)(1)(A)(iii) of the Internal Revenue
Code of 1986 (defining Coverdell education savings account) is amended
by striking ``$2,000'' and inserting ``$5,000''.
(b) Conforming Amendment.--Section 4973(e)(1)(A) of the Internal
Revenue Code of 1986 is amended by striking ``$2,000'' and inserting
``$5,000''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. EDUCATION SAVINGS ACCOUNTS.
(a) Deduction for Contributions.--Part VII of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 (relating to additional
itemized deductions for individuals) is amended by redesignating
section 224 as section 225 and inserting after section 223 the
following new section:
``SEC. 224. EDUCATION SAVINGS.
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction an amount equal to the amount of
contributions made by such individual to an education savings account
during the taxable year.
``(b) Definitions.--
``(1) Education savings account.--The term `education
savings account' means a trust created or organized in the
United States exclusively for the purpose of paying the
qualified education expenses of an individual who is the
designated beneficiary of the trust (and designated as an
education savings account at the time created or organized),
but only if the written governing instrument creating the trust
meets the following requirements:
``(A) No contribution will be accepted--
``(i) unless it is in cash,
``(ii) after the date on which such
beneficiary attains age 18, or
``(iii) except in the case of rollover
contributions, if such contribution would
result in aggregate contributions for the
taxable year exceeding $5,000.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
that person will administer the trust will be
consistent with the requirements of this section or who
has so demonstrated with respect to any individual
retirement plan or any Coverdell education savings
account.
``(C) No part of the trust assets will be invested
in life insurance contracts.
``(D) The assets of the trust shall not be
commingled with other property except in a common trust
fund or common investment fund.
``(E) Except as provided in subsection (e)(6), any
balance to the credit of the designated beneficiary on
the date on which the beneficiary attains age 30 shall
be distributed within 30 days after such date to the
beneficiary or, if the beneficiary dies before
attaining age 30, shall be distributed within 30 days
after the date of death of such beneficiary.
``(F) The age limitations in subparagraphs (A)(ii)
and (E), and paragraphs (4) and (5) of subsection (e),
shall not apply to any designated beneficiary with
special needs (as determined under regulations
prescribed by the Secretary).
``(2) Qualified education expenses.--The term `qualified
education expenses' has the meaning given such term in section
530(b)(2) .
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 219(d)(2) (relating to no deduction
for rollovers),
``(B) Section 530(b)(5) (relating to time when
contributions deemed made),
``(C) Section 530(f) (relating to community
property laws),
``(D) Section 530(g) (relating to custodial
accounts), and
``(E) Section 530(h) (relating to reports).
``(c) Reduction in Permitted Contribution Based on Adjusted Gross
Income.--
``(1) In general.--The maximum amount which a contributor
could otherwise make to an account under this section shall be
reduced by an amount which bears the same ratio to such maximum
amount as--
``(A) the excess of--
``(i) the contributor's modified adjusted
gross income for such taxable year, over
``(ii) $95,000 ($190,000 in the case of a
joint return), bears to
``(B) $15,000 ($30,000 in the case of a joint
return).
``(2) Modified adjusted gross income.--For purposes of
paragraph (1), the term `modified adjusted gross income' means
the adjusted gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income under
section 911, 931, or 933.
``(d) Tax Treatment of Accounts.--
``(1) In general.--An education savings account is exempt
from taxation under this subtitle unless such account has
ceased to be an education savings account. Notwithstanding the
preceding sentence, any such account is subject to the taxes
imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable, etc. organizations).
``(2) Account terminations.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to
education savings accounts, and any amount treated as
distributed under such rules shall be treated as not used to
pay qualified education expenses.
``(e) Treatment of Distributions.--
``(1) In general.--Any distribution shall be includible in
the gross income of the distributee in the manner as provided
in section 72.
``(2) Special rules for applying estate and gift taxes with
respect to account.--Rules similar to the rules of paragraphs
(2), (4), and (5) of section 529(c) shall apply for purposes of
this section.
``(3) Additional tax for distributions not used for
educational expenses.--
``(A) In general.--The tax imposed by this chapter
for any taxable year on any taxpayer who receives a
payment or distribution from an education individual
retirement account which is in excess of the qualified
education expenses of the designated beneficiary during
the taxable year shall be increased by 10 percent of
the amount of such excess.
``(B) Exceptions.--Subparagraph (A) shall not apply
if the payment or distribution is--
``(i) made to a beneficiary (or to the
estate of the designated beneficiary) on or
after the death of the designated beneficiary,
``(ii) attributable to the designated
beneficiary's being disabled (within the
meaning of section 72(m)(7)),
``(iii) made on account of a scholarship,
allowance, or payment described in section
25A(g)(2) received by the account holder to the
extent the amount of the payment or
distribution does not exceed the amount of the
scholarship, allowance, or payment, or
``(iv) made on account of the attendance of
the designated beneficiary at the United States
Military Academy, the United States Naval
Academy, the United States Air Force Academy,
the United States Coast Guard Academy, or the
United States Merchant Marine Academy, to the
extent that the amount of the payment or
distribution does not exceed the costs of
advanced education (as defined by section
2005(e)(3) of title 10, United States Code, as
in effect on the date of the enactment of this
section) attributable to such attendance.
``(C) Contributions returned before certain date.--
Subparagraph (A) shall not apply to the distribution of
any contribution made during a taxable year on behalf
of the designated beneficiary if--
``(i) such distribution is made before the
first day of the sixth month of the taxable
year following the taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
Any net income described in clause (ii) shall be
included in gross income for the taxable year in which
such excess contribution was made.
``(4) Rollover contributions.--Paragraph (1) shall not
apply to any amount paid or distributed from an education
savings account to the extent that the amount received is paid,
not later than the 60th day after the date of such payment or
distribution, into another education savings account for the
benefit of the same beneficiary or a member of the family
(within the meaning of section 529(e)(2)) of such beneficiary
who has not attained age 30 as of such date. The preceding
sentence shall not apply to any payment or distribution if it
applied to any prior payment or distribution during the 12-
month period ending on the date of the payment or distribution.
``(5) Change in beneficiary.--Any change in the beneficiary
of an education savings account shall not be treated as a
distribution for purposes of paragraph (1) if the new
beneficiary is a member of the family (as so defined) of the
old beneficiary and has not attained age 30 as of the date of
such change.
``(6) Special rules for death and divorce.--Rules similar
to the rules of paragraphs (7) and (8) of section 220(f) shall
apply. In applying the preceding sentence, members of the
family (as so defined) of the designated beneficiary shall be
treated in the same manner as the spouse under such paragraph
(8).
``(7) Deemed distribution on required distribution date.--
In any case in which a distribution is required under
subsection (b)(1)(E), any balance to the credit of a designated
beneficiary as of the close of the 30-day period referred to in
such subsection for making such distribution shall be deemed
distributed at the close of such period.''.
(b) Tax on Excess Contributions.--
(1) In general.--Subsection (a) of section 4973 of the
Internal Revenue Code of 1986 (relating to tax on excess
contributions to certain tax-favored accounts and annuities) is
amended by striking ``or'' at the end of paragraph (4), by
inserting ``or'' at the end of paragraph (5), and by inserting
after paragraph (5) the following new paragraph:
``(6) an education savings account (as defined in section
224),''.
(2) Excess contribution.--Section 4973 of such Code is
amended by adding at the end the following new subsection:
``(h) Excess Contributions to Education Savings Accounts.--For
purposes of this section--
``(1) In general.--In the case of education savings
accounts maintained for the benefit of any one beneficiary, the
term `excess contributions' means the sum of--
``(A) the amount by which the amount contributed
for the taxable year to such accounts exceeds $5,000
(or, if less, the sum of the maximum amounts permitted
to be contributed under section 224(c) by the
contributors to such accounts for such year); and
``(B) the amount determined under this subsection
for the preceding taxable year, reduced by the sum of--
``(i) the distributions out of the accounts
for the taxable year (other than rollover
distributions); and
``(ii) the excess (if any) of the maximum
amount which may be contributed to the accounts
for the taxable year over the amount
contributed to the accounts for the taxable
year.
``(2) Special rules.--For purposes of paragraph (1), the
following contributions shall not be taken into account:
``(A) Any contribution which is distributed out of
the education savings account in a distribution to
which section 224(e)(3)(C) applies.
``(B) Any rollover contribution.''.
(c) Failure to Provide Reports on Education Savings Accounts.--
Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986
(relating to failure to provide reports on individual retirement
accounts or annuities) is amended by striking ``and'' at the end of
subparagraph (D), by striking the period at the end of subparagraph (E)
and inserting ``, and'', and by adding at the end the following new
subparagraph:
``(F) section 224(b)(3)(E) (relating to education
savings accounts).''.
(d) Clerical Amendment.--The table of section for part VII of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the item relating to section 224 and inserting the
following new items:
``Sec. 224. Education savings.
``Sec. 225. Cross reference.''.
(e) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after December
31, 2004. | The College Savings Act of 2004 - Amends the Internal Revenue Code to: (1) increase the maximum annual contribution limit for Coverdell education savings accounts from $2,000 to $5,000; and (2) allow a tax deduction up to $5,000 for contributions to an education savings account. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to permanently increase the maximum annual contribution allowed to be made to Coverdell education savings accounts, and to provide for a deduction for contributions to education savings accounts."} | 2,882 | 57 | 0.565992 | 1.212002 | 1.050126 | 2.672727 | 48.545455 | 0.927273 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Eliminate
Colorectal Cancer Act of 2004''.
(b) Findings.--The Congress finds the following:
(1) Colorectal cancer is the second leading cause of cancer
deaths in the United States for men and women combined.
(2) It is estimated that in 2004, 146,940 new cases of
colorectal cancer will be diagnosed in men and women in the
United States.
(3) Colorectal cancer is expected to kill 56,730
individuals in the United States in 2004.
(4) When colorectal cancer is diagnosed early, at a
localized stage, more than 90 percent of patients survive for 5
years or more. Once the disease has metastasized, 92 percent of
patients die within 5 years. Yet, only 37 percent of colorectal
cancer cases are diagnosed while the disease is still in the
localized stage.
(5) If all men and women age 50 and over practiced regular
colorectal cancer screening, without any new scientific
discoveries, the United States could see up to a 50 to 90
percent reduction in deaths from this disease.
(6) Currently, many private insurance health plans are not
providing coverage for the full range of colorectal cancer
screening tests. Lack of insurance coverage can act as a
barrier to care.
(7) Assuring coverage for the full range of colorectal
cancer tests is an important step in increasing screening rates
for these life saving tests.
SEC. 2. COVERAGE FOR COLORECTAL CANCER SCREENING.
(a) Group Health Plans.--
(1) Public health service act amendments.--The Public
Health Service Act (42 U.S.C. 201 et seq.) is amended by adding
at the end the following:
``TITLE XXIX--MISCELLANEOUS HEALTH COVERAGE
``SEC. 2901. COVERAGE FOR COLORECTAL CANCER SCREENING.
``(a) Coverage for Colorectal Cancer Screening.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall provide coverage for colorectal cancer screening
consistent with this subsection to--
``(A) any participant or beneficiary age 50 or
over; and
``(B) any participant or beneficiary under the age
of 50 who is at a high risk for colorectal cancer.
``(2) Definition of high risk.--For purposes of subsection
(a)(1)(B), the term `high risk for colorectal cancer' has the
meaning given such term in section 1861(pp)(2) of the Social
Security Act (42 U.S.C. 1395x(pp)(2)).
``(3) Requirement for screening.--The group health plan or
health insurance issuer shall cover methods of colorectal
cancer screening that--
``(A) are deemed appropriate by a physician (as
defined in section 1861(r) of the Social Security Act
(42 U.S.C. 1395x(r))) treating the participant or
beneficiary, in consultation with the participant or
beneficiary;
``(B) are--
``(i) described in section 1861(pp)(1) of
the Social Security Act (42 U.S.C.
1395x(pp)(1)) or section 410.37 of title 42,
Code of Federal Regulations; or
``(ii) specified by the Secretary, based
upon the recommendations of appropriate
organizations with special expertise in the
field of colorectal cancer; and
``(C) are performed at a frequency not greater than
that--
``(i) described for such method in section
1834(d) of the Social Security Act (42 U.S.C.
1395m(d)) or section 410.37 of title 42, Code
of Federal Regulations; or
``(ii) specified by the Secretary for such
method, if the Secretary finds, based upon new
scientific knowledge and consistent with the
recommendations of appropriate organizations
with special expertise in the field of
colorectal cancer, that a different frequency
would not adversely affect the effectiveness of
such screening.
``(b) Notice.--A group health plan under this section shall comply
with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(c) Non-Preemption of More Protective State Law With Respect to
Health Insurance Issuers.--This section shall not be construed to
supersede any provision of State law which establishes, implements, or
continues in effect any standard or requirement solely relating to
health insurance issuers in connection with group health insurance
coverage that provides greater protections to participants and
beneficiaries than the protections provided under this section.
``(d) Definitions and Enforcement.--The definitions and enforcement
provisions of title XXVII shall apply for purposes of this section.''.
(2) ERISA amendments.--
(A) In general.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1185 et seq.) is amended by
adding at the end the following new section:
``SEC. 714. COVERAGE FOR COLORECTAL CANCER SCREENING.
``(a) Coverage for Colorectal Cancer Screening.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall provide coverage for colorectal cancer screening
consistent with this subsection to--
``(A) any participant or beneficiary age 50 or
over; and
``(B) any participant or beneficiary under the age
of 50 who is at a high risk for colorectal cancer.
``(2) Definition of high risk.--For purposes of subsection
(a)(1)(B), the term `high risk for colorectal cancer' has the
meaning given such term in section 1861(pp)(2) of the Social
Security Act (42 U.S.C. 1395x(pp)(2)).
``(3) Requirement for screening.--The group health plan or
health insurance issuer shall cover methods of colorectal
cancer screening that--
``(A) are deemed appropriate by a physician (as
defined in section 1861(r) of the Social Security Act
(42 U.S.C. 1395x(r))) treating the participant or
beneficiary, in consultation with the participant or
beneficiary;
``(B) are--
``(i) described in section 1861(pp)(1) of
the Social Security Act (42 U.S.C.
1395x(pp)(1)) or section 410.37 of title 42,
Code of Federal Regulations; or
``(ii) specified by the Secretary, based
upon the recommendations of appropriate
organizations with special expertise in the
field of colorectal cancer; and
``(C) are performed at a frequency not greater than
that--
``(i) described for such method in section
1834(d) of the Social Security Act (42 U.S.C.
1395m(d)) or section 410.37 of title 42, Code
of Federal Regulations; or
``(ii) specified by the Secretary for such
method, if the Secretary finds, based upon new
scientific knowledge and consistent with the
recommendations of appropriate organizations
with special expertise in the field of
colorectal cancer, that a different frequency
would not adversely affect the effectiveness of
such screening.
``(b) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a), for
purposes of assuring notice of such requirements under the plan; except
that the summary description required to be provided under the third to
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(B) Technical and conforming amendments.--
(i) Section 731(c) of the Employee
Retirement Income Security Act of 1974 (29
U.S.C. 1191(c)) is amended by striking
``section 711'' and inserting ``sections 711
and 714''.
(ii) Section 732(a) of the Employee
Retirement Income Security Act of 1974 (29
U.S.C. 1191a(a)) is amended by striking
``section 711'' and inserting ``sections 711
and 714''.
(iii) The table of contents in section 1 of
the Employee Retirement Income Security Act of
1974 is amended by inserting after the item
relating to section 713 the following new item:
``Sec. 714. Coverage for colorectal cancer screening.''.
(b) Individual Health Insurance.--
(1) In general.--Part B of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-41 et seq.) is amended by
inserting after section 2752 the following new section:
``SEC. 2753. COVERAGE FOR COLORECTAL CANCER SCREENING.
``(a) In General.--The provisions of section 2901(a) shall apply to
health insurance coverage offered by a health insurance issuer in the
individual market in the same manner as it applies to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Technical amendment.--Section 2762(b)(2) of the Public
Health Service Act (42 U.S.C. 300gg-62(b)(2)) is amended by
striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective Dates.--
(1) Group health plans.--The amendments made by subsection
(a) shall apply with respect to group health plans for plan
years beginning on or after January 1, 2005.
(2) Individual health insurance.--The amendments made by
subsection (b) shall apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after January 1, 2005.
(d) Coordinated Regulations.--The Secretary of Labor and the
Secretary of Health and Human Services shall ensure, through the
execution of an interagency memorandum of understanding among such
Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which both
Secretaries have responsibility under the provisions of this
section (and the amendments made thereby) are administered so
as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement. | Eliminate Colorectal Cancer Act of 2004 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan and an insurer offering group health coverage to provide screening for colorectal cancer to individuals who are age 50 or over or at high risk for colorectal cancer. Specifies the type of screening and the frequency of screening required.
Allows State laws providing greater protection than that provided by this Act.
Applies the same requirements to health insurance coverage offered in the individual market.
Requires the Secretary of Labor and the Secretary of Health and Human Services to coordinate their rules, regulations and enforcement policies. | {"src": "billsum_train", "title": "To require group and individual health plans to provide coverage for colorectal cancer screenings."} | 2,558 | 142 | 0.521276 | 1.326957 | 0.624282 | 2.52459 | 17.598361 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal and Estuarine Land
Conservation Program Act''.
SEC. 2. AUTHORIZATION OF COASTAL AND ESTUARINE LAND CONSERVATION
PROGRAM.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by inserting after section 307 the following new section:
``authorization of the coastal and estuarine land conservation program
``Sec. 307A. (a) In General.--The Secretary may conduct a Coastal
and Estuarine Land Conservation Program, in cooperation with
appropriate State, regional, and other units of government, for the
purposes of protecting important coastal and estuarine areas that have
significant conservation, recreation, ecological, historical, or
aesthetic values, or that are threatened by conversion from their
natural, undeveloped, or recreational state to other uses or could be
managed or restored to effectively conserve, enhance, or restore
ecological function. The program shall be administered by the National
Ocean Service of the National Oceanic and Atmospheric Administration
through the Office of Ocean and Coastal Resource Management.
``(b) Property Acquisition Grants.--The Secretary shall make grants
under the program to coastal states with approved coastal zone
management plans or National Estuarine Research Reserve units for the
purpose of acquiring property or interests in property described in
subsection (a) that will further the goals of--
``(1) a Coastal Zone Management Plan or Program approved
under this title;
``(2) a National Estuarine Research Reserve management
plan;
``(3) a regional or State watershed protection or
management plan involving coastal states with approved coastal
zone management programs; or
``(4) a State coastal land acquisition plan that is
consistent with an approved coastal zone management program.
``(c) Grant Process.--The Secretary shall allocate funds to coastal
states or National Estuarine Research Reserves under this section
through a competitive grant process in accordance with guidelines that
meet the following requirements:
``(1) The Secretary shall consult with the coastal state's
coastal zone management program, any National Estuarine
Research Reserve in that State, and the lead agency designated
by the Governor for coordinating the implementation of this
section (if different from the coastal zone management
program).
``(2) Each participating coastal state, after consultation
with local governmental entities and other interested
stakeholders, shall identify priority conservation needs within
the State, the values to be protected by inclusion of lands in
the program, and the threats to those values that should be
avoided.
``(3) Each participating coastal state shall to the extent
practicable ensure that the acquisition of property or
easements shall complement working waterfront needs.
``(4) The applicant shall identify the values to be
protected by inclusion of the lands in the program, management
activities that are planned and the manner in which they may
affect the values identified, and any other information from
the landowner relevant to administration and management of the
land.
``(5) Awards shall be based on demonstrated need for
protection and ability to successfully leverage funds among
participating entities, including Federal programs, regional
organizations, State and other governmental units, landowners,
corporations, or private organizations.
``(6) The governor, or the lead agency designated by the
governor for coordinating the implementation of this section,
where appropriate in consultation with the appropriate local
government, shall determine that the application is consistent
with the State's or territory's approved coastal zone plan,
program, and policies prior to submittal to the Secretary.
``(7)(A) Priority shall be given to lands described in
subsection (a) that can be effectively managed and protected
and that have significant ecological value.
``(B) Of the projects that meet the standard in
subparagraph (A), priority shall be given to lands that--
``(i) are under an imminent threat of conversion to
a use that will degrade or otherwise diminish their
natural, undeveloped, or recreational state; and
``(ii) serve to mitigate the adverse impacts caused
by coastal population growth in the coastal
environment.
``(8) In developing guidelines under this section, the
Secretary shall consult with coastal states, other Federal
agencies, and other interested stakeholders with expertise in
land acquisition and conservation procedures.
``(9) Eligible coastal states or National Estuarine
Research Reserves may allocate grants to local governments or
agencies eligible for assistance under section 306A(e).
``(10) The Secretary shall develop performance measures
that the Secretary shall use to evaluate and report on the
program's effectiveness in accomplishing its purposes, and
shall submit such evaluations to Congress triennially.
``(d) Limitations and Private Property Protections.--
``(1) A grant awarded under this section may be used to
purchase land or an interest in land, including an easement,
only from a willing seller. Any such purchase shall not be the
result of a forced taking under this section. Nothing in this
section requires a private property owner to participate in the
program under this section.
``(2) Any interest in land, including any easement,
acquired with a grant under this section shall not be
considered to create any new liability, or have any effect on
liability under any other law, of any private property owner
with respect to any person injured on the private property.
``(3) Nothing in this section requires a private property
owner to provide access (including Federal, State, or local
government access) to or use of private property unless such
property or an interest in such property (including a
conservation easement) has been purchased with funds made
available under this section.
``(e) Recognition of Authority To Control Land Use.--Nothing in
this title modifies the authority of Federal, State, or local
governments to regulate land use.
``(f) Matching Requirements.--
``(1) In general.--The Secretary may not make a grant under
the program unless the Federal funds are matched by non-Federal
funds in accordance with this subsection.
``(2) Cost share requirement.--
``(A) In general.--Grant funds under the program
shall require a 100 percent match from other non-
Federal sources.
``(B) Waiver of requirement.--The Secretary may
grant a waiver of subparagraph (A) for underserved
communities, communities that have an inability to draw
on other sources of funding because of the small
population or low income of the community, or for other
reasons the Secretary deems appropriate and consistent
with the purposes of the program.
``(3) Other federal funds.--Where financial assistance
awarded under this section represents only a portion of the
total cost of a project, funding from other Federal sources may
be applied to the cost of the project. Each portion shall be
subject to match requirements under the applicable provision of
law.
``(4) Source of matching cost share.--For purposes of
paragraph (2)(A), the non-Federal cost share for a project may
be determined by taking into account the following:
``(A) The value of land or a conservation easement
may be used by a project applicant as non-Federal
match, if the Secretary determines that--
``(i) the land meets the criteria set forth
in section 2(b) and is acquired in the period
beginning 3 years before the date of the
submission of the grant application and ending
3 years after the date of the award of the
grant;
``(ii) the value of the land or easement is
held by a non-governmental organization
included in the grant application in perpetuity
for conservation purposes of the program; and
``(iii) the land or easement is connected
either physically or through a conservation
planning process to the land or easement that
would be acquired.
``(B) The appraised value of the land or
conservation easement at the time of the grant closing
will be considered and applied as the non-Federal cost
share.
``(C) Costs associated with land acquisition, land
management planning, remediation, restoration, and
enhancement may be used as non-Federal match if the
activities are identified in the plan and expenses are
incurred within the period of the grant award, or, for
lands described in (A), within the same time limits
described therein. These costs may include either cash
or in-kind contributions.
``(g) Reservation of Funds for National Estuarine Research Reserve
Sites.--No less than 15 percent of funds made available under this
section shall be available for acquisitions benefitting National
Estuarine Research Reserves.
``(h) Limit on Administrative Costs.--No more than 5 percent of the
funds made available to the Secretary under this section shall be used
by the Secretary for planning or administration of the program. The
Secretary shall provide a report to Congress with an account of all
expenditures under this section for fiscal year 2009 and triennially
thereafter.
``(i) Title and Management of Acquired Property.--If any property
is acquired in whole or in part with funds made available through a
grant under this section, the grant recipient shall provide--
``(1) such assurances as the Secretary may require that--
``(A) the title to the property will be held by the
grant recipient or another appropriate public agency
designated by the recipient in perpetuity;
``(B) the property will be managed in a manner that
is consistent with the purposes for which the land
entered into the program and shall not convert such
property to other uses; and
``(C) if the property or interest in land is sold,
exchanged, or divested, funds equal to the current
value will be returned to the Secretary in accordance
with applicable Federal law for redistribution in the
grant process; and
``(2) certification that the property (including any
interest in land) will be acquired from a willing seller.
``(j) Requirement for Property Used for Non-Federal Match.--If the
grant recipient elects to use any land or interest in land held by a
non-governmental organization as a non-Federal match under subsection
(g), the grant recipient must to the Secretary's satisfaction
demonstrate in the grant application that such land or interest will
satisfy the same requirements as the lands or interests in lands
acquired under the program.
``(k) Definitions.--In this section:
``(1) Conservation easement.--The term `conservation
easement' includes an easement or restriction, recorded deed,
or a reserve interest deed where the grantee acquires all
rights, title, and interest in a property, that do not conflict
with the goals of this section except those rights, title, and
interests that may run with the land that are expressly
reserved by a grantor and are agreed to at the time of
purchase.
``(2) Interest in property.--The term `interest in
property' includes a conservation easement.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $60,000,000 for
each of fiscal years 2009 through 2013.''. | Coastal and Estuarine Land Conservation Program Act - Amends the Coastal Zone Management Act of 1972 to authorize the Secretary of Commerce to conduct a Coastal and Estuarine Land Conservation Program to protect important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values and that are threatened by conversion from their natural, undeveloped, or recreational state to other uses or that could be managed or restored to effectively conserve, enhance, or restore ecological function. Requires the program to be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration (NOAA) through the Office of Ocean and Coastal Resource Management.
Authorizes the Secretary to make Program grants to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property that will further the goals of an approved Coastal Zone Management Plan or Program, a National Estuarine Research Reserve management plan, a regional or state watershed protection or management plan, or a state coastal land acquisition plan. Provides that grant awards may be used to purchase land, including an easement, only from a willing seller.
Provides that grant funds under the Program shall require a 100% match from nonfederal sources, subject to a waiver. Reserves 15% of program funds for acquisitions benefiting the National Estuarine Research Reserve. | {"src": "billsum_train", "title": "To authorize the acquisition of land and interests in land from willing sellers to improve the conservation of, and to enhance the ecological values and functions of, coastal and estuarine areas to benefit both the environment and the economies of coastal communities, and for other purposes."} | 2,412 | 300 | 0.737857 | 2.067506 | 0.914045 | 5.306452 | 9.310484 | 0.951613 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Muhammad Ali Commemorative Coin
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Muhammad Ali was an Olympic gold medalist, 3-time World
Heavyweight Champion boxer, and one of the most celebrated and
well-known athletes in American history;
(2) Muhammad Ali showed, beyond his impressive fighting
prowess in the boxing ring, even greater courage and tenacity
as an advocate outside the ring;
(3) Muhammad Ali was a great philanthropist and a strong
champion of peace, equality, and freedom;
(4) Muhammad Ali remains an icon of freedom of conscience;
(5) Muhammad Ali was a prominent African American of the
Muslim faith, and was, and continues to be, a role model to the
citizens of the United States of all races, ethnicities, and
religions;
(6) Muhammad Ali used his fame to advocate for humanitarian
causes in audiences with world leaders ranging from religious
leaders to heads of state; and
(7) Muhammad Ali inspired people around the globe in
displaying the same vibrant and larger-than-life character and
dedication in spite of his physical ailments.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins in commemoration of Muhammad Ali:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 350,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the life and legacy of Muhammad Ali.
(2) Design and inscriptions.--On each coin minted under
this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year 2020; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Muhammad Ali Center; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2020.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin; and
(2) $10 per coin for the $1 coin.
(b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary as follows:
(1) Eighty percent of the surcharges shall be paid to the
Muhammad Ali Center in Louisville, Kentucky, to ensure growth
and innovation in museum programming to research, promote, and
educate on the legacy of Muhammad Ali.
(2) Ten percent of the surcharges shall be paid to the
Muhammad Ali Institute for Peace and Justice at the University
of Louisville to advance the work, study and practice of
peacebuilding, social justice, and violence prevention through
the development of innovative educational programs, training,
service, and research.
(3) Ten percent of the surcharges shall be paid to the
Muhammad Ali Parkinson Center (MAPC) and Movement Disorder
Clinic to continue serving as a resource for Parkinson's
disease patients and their families through the provision of
diagnosis, treatments, research, and education.
(c) Audit.--The Comptroller General of the United States shall have
the right to examine such books, records, documents, and other data of
each of the organizations referred to in subsection (b) as may be
related to the expenditures of amounts paid under that subsection.
(d) Limitations.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection. | Muhammad Ali Commemorative Coin Act This bill requires the Department of the Treasury to mint and issue commemorative coins that emblemize the life and legacy of Muhammad Ali. Surcharges received from the sale of these coins shall be paid to: (1) the Muhammad Ali Center in Louisville, Kentucky; (2) the Muhammad Ali Institute for Peace and Justice at the University of Louisville; and (3) the Muhammad Ali Parkinson Center and Movement Disorder Clinic. | {"src": "billsum_train", "title": "Muhammad Ali Commemorative Coin Act"} | 1,460 | 92 | 0.500991 | 1.523125 | 0.459394 | 4.011765 | 15.823529 | 0.929412 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Voluntary Early Retirement
Incentive Act of 2001''.
SEC. 2. GOVERNMENTAL AND HIGHER EDUCATION VOLUNTARY EARLY RETIREMENT
INCENTIVE PLANS.
(a) Amendment.--Section 4(m) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623) is amended to read as follows:
``(m) Voluntary Retirement Incentive Plans.--Notwithstanding
subsection (f)(2)(b), it shall not be a violation of subsection (a),
(b), (c), or (d) solely because a voluntary early retirement incentive
plan maintained by a local educational agency (as defined in section
14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)) or an institution of higher education (as defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001)), provides for
supplemental benefits to an employee that are reduced or eliminated on
the basis of the employee's age at the time of such employee's
retirement, if--
``(1) the employer does not implement with respect to such
employee any age-based reduction or elimination of benefits
that are not such supplemental benefits, except as permitted by
other provisions of this Act;
``(2) such supplemental benefits are in addition to any
retirement or severance benefits which have been offered
generally to employees, independent of any early retirement or
exit-incentive plan, within the preceding 365 days; and
``(3) with respect to any plan supplemental benefits for
which an employee first becomes eligible after the enactment of
Teacher Voluntary Early Retirement Incentive Act of 2001--
``(i) any employee who attains the minimum age and
satisfies all non-age based conditions for receiving a
benefit under the plan has an opportunity lasting not
less than 180 days to elect to retire, and the plan
does not require retirement to occur sooner than 180
days after such election; and
``(ii) any employee who is not eligible to receive
the maximum supplemental benefits provided under the
plan because of the age of such employee at the time of
retirement was afforded a reasonable opportunity to
receive such maximum benefits at a previous time in
such employee's employment.''.
(b) Construction.--Except as otherwise provided in section 4(m)(3)
of the Age Discrimination in Employment Act of 1967 (29 U.S.C.
623(m)(3)), the amendment made by subsection (a) shall apply in
determining whether a voluntary employee early retirement incentive
plan maintained by a local educational agency (as defined in section
14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)) or an institution of higher education (as defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001)), was in violation
of subsection (a), (b), (c), or (e) of section 4 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) after
January 1, 1996.
SEC. 3. RETIREE MEDICAL BENEFITS COORDINATED WITH MEDICARE AND OTHER
GOVERNMENTAL AND EMPLOYER BENEFIT PLANS; VOLUNTARY EARLY
RETIREMENT INCENTIVE PLANS MAINTAINED BY LOCAL
EDUCATIONAL AGENCIES.
(a) Voluntary Early Retirement Incentive Plans Maintained by Local
Educational Agencies.--Section 4(l)(1) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(l)(1)) is amended by adding at
the end the following:
``A voluntary early retirement incentive plan maintained by a local
educational agency (as defined in Section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801)) which makes payments
or supplements as provided in clauses (i) or (ii) of subparagraph (B)
in coordination with a defined benefit plan (as defined in Section
3(35) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(35) maintained by a state or an agency thereof shall itself be
deemed to constitute a defined benefit plan for purposes of
subparagraph (B).''.
(b) Retiree Medical Benefits Coordinated With Medicare Benefits.--
Section 4(l) of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 623(l)) is amended by adding to the end the following:
``(4) It shall not be a violation of subsection (a), (b), (c), or
(e) solely because an employee benefit plan (as defined in section 3 of
the Employment Retirement Income Security Act of 1974 (29 U.S.C.
1002(3)) provides for medical benefits for retired participants that
are altered, reduced, or eliminated when the participant is eligible
for medical benefits under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) or an employee benefit plan maintained by a State
or an agency thereof.''.
(c) Construction.--(1) The amendments made by subsections (a) and
(b) shall apply in determining whether a voluntary early retirement
incentive plan maintained by a local educational agency (as defined in
Section 14101 of the Elementary and Secondary Education Act (20 U.S.C.
8801)) or an employee benefit plan (as defined in Section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3))
providing medical benefits for retired participants, was in violation
of subsection (a), (b), (c), or (e) of section 4 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 623) at any time
subsequent to January 1, 1996.
(2) No inference may be drawn from the amendment made by subsection
(a) as to whether a voluntary early retirement incentive plan
maintained by a local educational agency constitutes, or at any time
before or after the effective date of subsection (a) constituted, a
defined benefit plan (as defined in Section 3(35) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(35)) for any
purpose, including section 4 of the Age Discrimination in Employment
Act of 1967. | Teacher Voluntary Early Retirement Incentive Act of 2001 - Amends the Age Discrimination in Employment Act of 1967 to provide that, subject to specified conditions, such Act is not violated if: (1) voluntary early retirement incentive plans (VERIPs), for employees of local educational agencies (LEAs) or institutions of higher education, reduce or eliminate supplemental benefits on the basis of the employee's age at retirement under certain conditions; or (2) retiree medical benefits of an employee benefit plan (including an LEA VERIP) are coordinated with Medicare or State employee benefit plans. | {"src": "billsum_train", "title": "To amend the Age Discrimination in Employment Act of 1967 with respect to voluntary early retirement benefits and medical benefits."} | 1,466 | 125 | 0.632466 | 1.597031 | 0.65247 | 3.333333 | 11.361111 | 0.87037 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Families Beyond Bars Act of 2010''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The Bureau of Justice Statistics estimates that
1,500,000 children in the United States have at least one
incarcerated parent, and an estimated 10,000,000 more
individuals have at least one parent who was incarcerated at
some point during the individual's childhood.
(2) In 2006, the Bureau of Justice Statistics estimated
that 75 percent of incarcerated women were mothers, two-thirds
of whom were mothers of children under the age of 18, and an
estimated 32 percent of incarcerated men were fathers of
children under the age of 18.
(3) The trauma associated with having an incarcerated
parent has been well-documented, and includes depression,
aggression, low self-esteem, poor academic performance,
truancy, attention deficit disorders, substance abuse, teen
pregnancy, and symptoms of post-traumatic stress disorder.
(4) The Bureau of Justice Statistics estimates that
children with imprisoned parents may be almost 6 times more
likely than their peers to be incarcerated.
(5) Increased visitation between incarcerated parents and
their children can reduce the anxiety and sense of loss
children of incarcerated parents experience. This beneficial,
low-cost activity may also contribute to a reduction in future
crime committed by, and incarceration of, children of
incarcerated parents.
(6) Participation in a comprehensive visitation program
allows children of incarcerated parents to build relationships
with caring adults and experience opportunities for meaningful
involvement and membership, helping to reduce the negative
effects of parent-child separation.
(7) The incarceration of women who are mothers introduces
significant changes to the family structure, income level,
living arrangements, and emotional support systems of their
children. The incarceration of mothers is often more disruptive
than the incarceration of fathers, because an estimated two-
thirds of mothers who are incarcerated serve as the primary
caregiver for at least one child before arrest.
(8) Incarceration can present an opportunity to enhance
parenting skills, encourage children to resist peer pressure,
and foster high parental expectations for their children's
school work.
SEC. 3. BEYOND BARS GRANT PROGRAM.
(a) Grant Program Established.--
(1) Grants authorized.--The Attorney General is authorized
to award grants to qualified organizations to carry out,
directly or through subgrants to other entities, child-parent
visitation programs that foster and develop familial ties
between eligible children and their incarcerated parents.
(2) Grant period; renewability.--A grant awarded under this
section shall be for not less than a 3-year period and not more
than a 5-year period, and may be renewed.
(b) Grant Uses.--Grants awarded under this section may be used by a
qualified organization to--
(1) organize and lead group meetings, in accordance with
subsection (c);
(2) provide counseling to eligible children, and to their
incarcerated parents;
(3) select one or more qualified program facilitators to--
(A) organize and lead group meetings, in accordance
with subsection (c); and
(B) provide counseling to eligible children, and to
their incarcerated parents;
(4) provide to one or more such qualified program
facilitators a monthly stipend in accordance with subsection
(d);
(5) provide transportation for eligible children to attend
such group meetings, and provide volunteer support to assist in
such transportation;
(6) provide security for eligible children during such
group meetings, and comply with applicable security procedures
required by the facility at which the eligible children's
parents are incarcerated;
(7) provide enrichment activities for incarcerated parents
of eligible children during incarceration and pre-release,
including parenting classes and transition programs;
(8) provide connections to and coordination with community
and social services and other support to eligible children,
incarcerated parents, and individuals who serve as guardians of
eligible children while the eligible children's parents are
incarcerated;
(9) obtain program materials and other supplies necessary
to carry out other grant activities required or permitted under
this subsection;
(10) conduct periodic evaluations of the activities carried
out with a grant under this section, including volunteer
recruitment, parental support and development, measurement of
children's opportunities to build meaningful relationships with
caring adults, and measurement of children's opportunities for
meaningful involvement and membership;
(11) develop best practices regarding child-parent
visitation programs for eligible children and their
incarcerated parents, based on the evaluations conducted under
paragraph (10);
(12) provide age-appropriate enrichment activities for
children, including activities related to basic life skills,
hygiene, healthy and drug-free habits, social skills, and
building self-esteem and confidence;
(13) coordinate the logistics of the child-parent
visitation program with the correctional facility at which the
eligible children's parents are incarcerated;
(14) supervise adult volunteers who are assisting with the
child-parent visitation program, whether such volunteers are
working as individuals or as part of a team; and
(15) conduct outreach activities to recruit eligible
children.
(c) Group Meetings.--The group meetings organized and led by a
qualified organization with a grant under this section shall be
supervised and facilitated by a qualified program facilitator in
accordance with the provisions of this section, and--
(1) may include meetings for parents that provide an
opportunity for incarcerated parents of eligible children to
obtain and improve parenting skills to ensure strong family
foundations upon release, which may include evidence-based
programs and emerging best practices; and
(2) shall include the following:
(A) Child-parent meetings.--At least one day each
month, a meeting that provides an opportunity for
eligible children to visit their incarcerated parents
in the prison facility in which their parents are
incarcerated, and to take part in child-parent
activities based on evidence-based programs and
emerging best practices that foster and develop
familial ties. Such meeting shall provide a supportive
environment for child-parent interaction, and may
include arts and crafts, games, community service
projects, and informal group mentoring sessions; and
(B) Meetings for children.--At least one day each
month, on a day other than the day described in
subparagraph (A), a meeting in a location other than a
prison facility that provides an opportunity for
eligible children to build interpersonal problem-
solving skills, character, self-confidence, and self-
esteem by--
(i) taking part in--
(I) activities based on evidence-
based programs and emerging best
practices;
(II) community service projects;
and
(III) recreational activities; and
(ii) holding planning meetings.
(d) Stipend for Qualified Program Facilitators.--Not more than 45
percent of the grant funds provided to a qualified organization under
this section may be used to provide a monthly stipend to qualified
program facilitators. To be eligible to receive such a stipend, a
qualified program facilitator shall enter into an agreement with a
qualified organization to facilitate and supervise group meetings in
accordance with the provisions of this section for not less than a one-
year period, in exchange for such stipend. Such agreement may be
renewable, at the discretion of the qualified organization, for
additional one-year periods.
(e) Applications; Priority.--
(1) Applications.--A qualified organization interested in
receiving a grant under this section shall submit an
application to the Attorney General at such time, in such
manner, and containing such information as the Attorney General
may require. Such application shall include an assurance by the
qualified organization that the organization will provide the
non-Federal share of the costs of the activities funded by a
grant under this section in accordance with subsection (f).
(2) Priority.--In awarding grants under this section, the
Attorney General may give priority as follows:
(A) First, to qualified organizations that, before
and on the date of enactment of this Act, are carrying
out a child-parent visitation program for eligible
children.
(B) Second, to qualified organizations that have a
track record of providing research-based, evaluated,
and effective leadership development programming.
(C) Third, to qualified organizations based on the
quality of the organization's plan for measuring and
assessing success of the program to be carried out with
such a grant; and
(D) Fourth, to qualified organizations based on the
likelihood that the objectives of the program will be
achieved by the organization.
(f) Non-Federal Share.--A qualified organization receiving a grant
under this section shall provide a percentage of the costs described in
subsection (e)(1) from non-Federal sources, which may be contributed in
cash or in-kind, and which may be provided from State or local public
sources, or through donations from private entities. Such percentage of
the costs shall be equal to--
(1) in the case of a qualified organization that was
established before the date of the enactment of this Act--
(A) 2.5 percent for the first year of such grant;
(B) 5 percent for the second year of such grant;
(C) 10 percent for the third year of such grant;
(D) 10 percent for the fourth year of such grant;
and
(E) 10 percent for the fifth year of such grant;
and
(2) in the case of a qualified organization that was
established on or after the date of the enactment of this Act--
(A) 5 percent for the first year of such grant;
(B) 10 percent for the second year of such grant;
(C) 15 percent for the third year of such grant;
(D) 15 percent for the fourth year of such grant;
and
(E) 15 percent for the fifth year of such grant.
(g) Regulations; Reports.--
(1) Regulations.--The Attorney General is authorized to
issue such regulations as may be necessary to carry out this
section.
(2) Reports by organizations.--Each qualified organization
receiving a grant under this section shall submit to the
Attorney General an annual report relating to the activities
carried out with a grant under this section. Each such report
shall include--
(A) the evaluations conducted under section
3(b)(10), and the best practices developed, if any,
under section 3(b)(11);
(B) demographic information about the eligible
children served by the qualified organization;
(C) demographic information about any eligible
children who applied to participate in the activities
carried out with a grant under this section by the
qualified organization, but who were not accepted for
participation; and
(D) an evaluation of the effect of leadership
development programming on the social and emotional
learning of the eligible children served by the
qualified organization.
(3) Reports by the attorney general.--Not later than one
year after the date of the enactment of this Act, and annually
thereafter, the Attorney General shall submit to Congress a
report summarizing the annual reports submitted to the Attorney
General under paragraph (2).
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) Qualified organization.--The term ``qualified
organization'' means an entity that carries out child-parent
visitation programs that foster and develop familial ties
between eligible children and their incarcerated parents, and
that is--
(A) a national nonprofit organization with the
capacity (as determined by the Attorney General) to
carry out such visitation programs in each of the
several States;
(B) a nonprofit community-based or faith-based
organization; or
(C) a partnership of two or more organizations or
entities described in subparagraphs (A) or (B).
(2) Eligible children.--The term ``eligible children''
means individuals who--
(A) are not younger than age 5 and are not older
than age 18; and
(B) have at least one parent who--
(i) is incarcerated in a Federal or State
prison;
(ii) during the 3-month period preceding
participation in the activities carried out by
a qualified organization under section 3, has
displayed exemplary compliance with the
disciplinary regulations of the prison, and
during such participation, continues to display
exemplary compliance with such disciplinary
regulations; and
(iii) has never been convicted of or pled
guilty to any offense involving child abuse or
any sex offense against a minor.
(3) Prison.--The term ``prison'' means any correctional,
detention, penal, pre-release, or other confinement facility
that is administered by the Federal Government or a State, or
by a private organization on behalf of the Federal Government
or a State.
(4) Qualified program facilitator.--The term ``qualified
program facilitator'' means an individual who--
(A) is licensed as a clinical psychologist,
psychiatrist, or mental health professional, or is
working under the direct supervision of such a licensed
individual;
(B) is licensed as a social worker or working under
the direct supervision of a licensed social worker;
(C) is a licensed or certified counselor of mental
health, including an individual, school, or family
counselor or therapist;
(D) is an otherwise licensed or certified mental
health professional qualified to provide services to
children and adolescents;
(E) has 5 or more years of experience working with
children in a counseling capacity; or
(F) has undergone a criminal background check, and
has completed an orientation and all in-service
training that is provided by a grantee for facilitators
of a child-parent visitation program for eligible
children.
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and any
commonwealth, possession, or territory of the United States.
(6) Leadership development programming.--The term
``leadership development programming'' means programs that help
children and adults acquire the knowledge, attitudes, and
skills associated with the core areas of social and emotional
competency, including--
(A) self-awareness and self-management to achieve
school and life success, such as identifying and
recognizing strengths, needs, emotions, values and
self-efficacy, impulse control and stress management,
self-motivation and discipline, and goal setting and
organizational skills;
(B) social awareness and interpersonal skills to
establish and maintain positive relationships, such as
self-esteem and respect for others, communication,
working cooperatively, negotiation, conflict
management, and help-seeking; and
(C) decisionmaking skills and responsible behaviors
in personal, academic and community contexts, such as
situational analysis, problem solving, reflection, and
personal, social, and ethical responsibility.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$5,000,000 for fiscal year 2011, and such sums as may be necessary for
each of the 5 succeeding fiscal years. | Families Beyond Bars Act of 2010 - Authorizes the Attorney General to award grants to qualified organizations to carry out, directly or through subgrants to other entities, child-parent visitation programs that foster and develop familial ties between eligible children and their incarcerated parents. | {"src": "billsum_train", "title": "To authorize a program to provide grants to nonprofit organizations that carry out child-parent visitation programs for children with incarcerated parents."} | 3,225 | 63 | 0.528725 | 1.400696 | 0.832274 | 8.229167 | 64.75 | 0.979167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Caregiver Credit Act
of 2014''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Caregiving is an essential element of family life and a
vital service for children, the ill, the disabled, and the
elderly.
(2) The establishment of a caregiver credit would bolster
the economic prospects of unpaid caregivers and would provide
them with vital retirement security.
(3) The 2013 Annual Report of the Board of Trustees of the
Federal Old-Age and Survivors Insurance and Federal Disability
Insurance Trust Funds concluded that the combined Trust Funds
will be able to pay scheduled benefits in full until 2033.
(4) While there is no immediate crisis, policy options
should be considered to extend OASDI solvency, including by
eradicating the gender wage gap, increasing overall employment,
or increasing the minimum wage.
SEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES.
Title II of the Social Security Act is amended by adding after
section 234 (42 U.S.C. 434) the following new section:
``deemed wages for caregivers of dependent relatives
``Sec. 235. (a) Definitions.--For purposes of this section--
``(1) The term `qualifying month' means, in connection with
an individual, a month during which such individual was engaged
for not less than 80 hours in providing care to a dependent
relative without monetary compensation. Such term does not
include any month ending after the date on which such
individual attains retirement age (as defined in section
216(l)).
``(2) The term `dependent relative' means, in connection
with an individual--
``(A) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner) who is under the age of 12, or
``(B) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner), a parent, aunt, or uncle (of such individual
or his or her spouse or domestic partner), or such
individual's spouse or domestic partner, if such child,
grandchild, niece, nephew, parent, aunt, uncle, spouse,
or domestic partner is a chronically dependent
individual.
``(3)(A) The term `chronically dependent individual' means
an individual who--
``(i) is dependent on a daily basis on verbal
reminding, physical cueing, supervision, or other
assistance provided to the individual by another person
in the performance of at least two of the activities of
daily living (described in subparagraph (B)), and
``(ii) without the assistance described in clause
(i), could not perform such activities of daily living.
``(B) The `activities of daily living' referred to in
subparagraph (A) are the following:
``(i) Eating.
``(ii) Bathing.
``(iii) Dressing.
``(iv) Toileting.
``(v) Transferring in and out of a bed or in and
out of a chair.
``(b) Deemed Wages of Caregiver.--(1)(A) For purposes of
determining entitlement to and the amount of any monthly benefit for
any month after December 2014, or entitlement to and the amount of any
lump-sum death payment in the case of a death after such month, payable
under this title on the basis of the wages and self-employment income
of any individual, and for purposes of section 216(i)(3), such
individual shall be deemed to have been paid during each qualifying
month (in addition to wages or self-employment income actually paid to
or derived by such individual during such month) at an amount per month
equal to--
``(i) in the case of a qualifying month during which no
wages or self-employment income were actually paid to or
derived by such individual, 50 percent of the average amount of
wages and self-employment income otherwise credited to
individuals for such month under this title; and
``(ii) in the case of any other qualifying month, the
excess of the amount determined under clause (i) over \1/2\ of
the wages or self-employment income actually paid to or derived
by such individual during such month.
``(B) In any case in which there are more than 60 qualifying months
for an individual, only the last 60 of such months shall be taken into
account for purposes of this section.
``(2) Paragraph (1) shall not be applicable in the case of any
monthly benefit or lump-sum death payment if a larger such benefit or
payment, as the case may be, would be payable without its application.
``(c) Identification Requirements.--A qualifying month shall not be
taken into account under this section with respect to an individual
unless such individual provides the Commissioner of Social Security
with the name and identifying information of the dependent relative
with respect to whom the individual was engaged in providing care
during such month, and other information as the Commissioner may
require to verify the status of the dependent relative, on whatever
application may be required to obtain benefits under this section.''. | Social Security Caregiver Credit Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to determining entitlement to and the amount of any monthly benefit, including any lump-sum death payment, payable under OASDI on the basis of the wages and self-employment income of any individual. Deems such an individual to have been paid a wage (according to a specified formula) during each month during which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation for up to five years of such service. Makes this Act inapplicable in the case of any monthly benefit or lump-sum death payment if a larger benefit or payment would be payable without its application. | {"src": "billsum_train", "title": "Social Security Caregiver Credit Act of 2014"} | 1,147 | 178 | 0.541704 | 1.600968 | 0.662168 | 4.743243 | 7.418919 | 0.932432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blackstone River Valley National
Heritage Corridor Amendments Act of 1993''.
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 1993.
``(b) Extension.--The Commission may be extended for additional
terms of consecutive 10-year periods 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:
``(c) Implementation.--(1) To assist in the implementation of the
Cultural Heritage and Land Management Plan in a manner that is
consistent with the purposes of this Act and for the preservation and
restoration of structures on or eligible for inclusion on the National
Register of Historic Places, the Secretary is authorized to provide
funds for projects in the Corridor that exhibit national significance
or provide a wide spectrum of historic, recreational, environmental,
educational, or interpretive opportunities, without regard to whether
the projects are in public or private ownership.
``(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) that conversion, use, or disposal of the resources so
assisted for purposes contrary to the purposes of this Act, as
determined by the Secretary, the recipient, his successors or
assigns shall pay to the United States the total cost of all
Federal funds made available to such project reduced pro rata
over the useful life of the improvements funded or the
increased value of the project attributable to the funds as
determined at the time of the 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. 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. 461
note), is 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 1994, 1995, and 1996,
there is authorized to be appropriated to carry out section 8(c),
$5,000,000 in the aggregate, and for each fiscal year thereafter, such
sums as are necessary.''. | Blackstone River Valley National Heritage Corridor Amendments Act of 1993 - Modifies the boundaries of the Blackstone River Valley National Heritage Corridor pursuant to a specified Act (the Act).
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 (currently, five) years after the Act's enactment, subject to specified conditions. Directs the Secretary to approve an 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 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.
Authorizes the Secretary to provide funds for projects in the Corridor that exhibit national significance or provide a wide spectrum of historic, recreational, environmental, educational, or interpretive opportunities, without regard to whether the projects are in public or private ownership, subject to specified requirements.
Increases and extends the authorization of appropriations. | {"src": "billsum_train", "title": "Blackstone River Valley National Heritage Corridor Amendments Act of 1993"} | 1,602 | 320 | 0.698271 | 2.073114 | 0.856091 | 6.114286 | 5.439286 | 0.921429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Duchesne City Water Rights
Conveyance Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 1861, President Lincoln established the Uintah Valley
Reservation by Executive order. The Congress confirmed the
Executive order in 1864 (13 Stat. 63), and additional lands were
added to form the Uintah Indian Reservation (now known as the
Uintah and Ouray Indian Reservation).
(2) Pursuant to subsequent Acts of Congress, lands were
allotted to the Indians of the reservation, and unallotted lands
were restored to the public domain to be disposed of under
homestead and townsite laws.
(3) In July 1905, President Theodore Roosevelt reserved lands
for the townsite for Duchesne, Utah, by Presidential proclamation
and pursuant to the applicable townsite laws.
(4) In July 1905, the United States, through the Acting United
States Indian Agent in Behalf of the Indians of the Uintah Indian
Reservation, Utah, filed two applications, 43-180 and 43-203, under
the laws of the State of Utah to appropriate certain waters.
(5) The stated purposes of the water appropriation applications
were, respectively, ``for irrigation and domestic supply for
townsite purposes in the lands herein described'', and ``for the
purpose of irrigating Indian allotments on the Uintah Indian
Reservation, Utah, * * * and for an irrigating and domestic water
supply for townsite purposes in the lands herein described''.
(6) The United States subsequently filed change applications
which provided that the entire appropriation would be used for
municipal and domestic purposes in the town of Duchesne, Utah.
(7) The State Engineer of Utah approved the change
applications, and the State of Utah issued water right
certificates, identified as Certificate Numbers 1034 and 1056, in
the name of the United States Indian Service in 1921, pursuant to
the applications filed, for domestic and municipal uses in the town
of Duchesne.
(8) Non-Indians settled the town of Duchesne, and the
inhabitants have utilized the waters appropriated by the United
States for townsite purposes.
(9) Pursuant to title V of Public Law 102-575, Congress
ratified the quantification of the reserved waters rights of the
Ute Indian Tribe, subject to reratification of the water compact by
the State of Utah and the Tribe.
(10) The Ute Indian Tribe does not oppose legislation that will
convey the water rights appropriated by the United States in 1905
to the city of Duchesne because the appropriations do not serve the
purposes, rights, or interests of the Tribe or its members, because
the full amount of the reserved water rights of the Tribe will be
quantified in other proceedings, and because the Tribe and its
members will receive substantial benefits through such legislation.
(11) The Secretary of the Interior requires additional
authority in order to convey title to those appropriations made by
the United States in 1905 in order for the city of Duchesne to
continue to enjoy the use of those water rights and to provide
additional benefits to the Ute Indian Tribe and its members as
originally envisioned by the 1905 appropriations.
SEC. 3. CONVEYANCE OF WATER RIGHTS TO DUCHESNE CITY, UTAH.
(a) Conveyance.--The Secretary of the Interior, as soon as
practicable after the date of the enactment of this Act, and in
accordance with all applicable law, shall convey to Duchesne City,
Utah, or a water district created by Duchesne City, all right, title,
and interest of the United States in and to those water rights
appropriated under the laws of the State of Utah by the Department of
the Interior's United States Indian Service and identified as Water
Rights Nos. 43-180 (Certificate No. 1034) and 43-203 (Certificate No.
1056) in the records of the State Engineer of Utah.
(b) Required Terms.--
(1) In general.--As terms of any conveyance under subsection
(a), the Secretary shall require that Duchesne City--
(A) shall allow the Ute Indian Tribe of the Uintah and
Ouray Reservation, its members, and any person leasing or
utilizing land that is held in trust for the Tribe by the
United States and is located within the Duchesne City water
service area (as such area may be adjusted from time to time),
to connect to the Duchesne City municipal water system;
(B) shall not require such tribe, members, or person to pay
any water impact, connection, or similar fee for such
connection; and
(C) shall not require such tribe, members, or person to
deliver or transfer any water or water rights for such
connection.
(2) Limitation.--Paragraph (1) shall not be construed to
prohibit Duchesne City from charging any person that connects to
the Duchesne City municipal water system pursuant to paragraph (1)
reasonable, customary, and nondiscriminatory fees to recover costs
of the operation and maintenance of the water system to treat,
transport, and deliver water to the person.
SEC. 4. WATER RIGHTS.
(a) No Relinquishment or Reduction.--Except as provided in section
3, nothing in this Act may be construed as a relinquishment or
reduction of any water rights reserved, appropriated, or otherwise
secured by the United States in the State of Utah on or before the date
of the enactment of this Act.
(b) No Precedent.--Nothing in this Act may be construed as
establishing a precedent for conveying or otherwise transferring water
rights held by the United States.
SEC. 5. TRIBAL RIGHTS.
Nothing in this Act may be construed to affect or modify any treaty
or other right of the Ute Indian Tribe or any other Indian tribe.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary to require as terms of any such conveyance that the City: (1) allow the Ute Indian Tribe of the Uintah and Ouray Reservation, its members, and any person leasing or utilizing land that is held in trust for the Tribe and is located within the water service area of the City to connect to the City's municipal water system; and (2) not require such tribe, members, or person to pay any water impact, connection, or similar fee or to deliver or transfer any water or water rights for such connection (but permits charging any person that connects to the City's municipal water system reasonable and customary fees for system operation and maintenance costs to treat, transport, and deliver water). Provides that nothing in this Act may be construed: (1) as a relinquishment or reduction of any water rights secured by the United States in Utah; and (2) to affect or modify any treaty or other right of the Tribe or any other Indian tribe. | {"src": "billsum_train", "title": "Duchesne City Water Rights Conveyance Act"} | 1,377 | 213 | 0.449842 | 1.498296 | 0.51837 | 5.621762 | 6.202073 | 0.979275 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Carrier Protection Act of
2010''.
SEC. 2. REGISTRATION REQUIREMENTS.
(a) In General.--
(1) Annual registration fee.--Each freight forwarder or
freight broker that registers under chapter 139 of title 49,
United States Code, shall--
(A) pay an annual registration renewal fee in an
amount to be determined by the Secretary;
(B) provide updated information for each
registration; and
(C) submit proof that the registrant is in
compliance with the applicable surety and insurance
requirements under such chapter 139.
(2) Use of fees.--All new fees collected by the Secretary
as a result of the new licensing requirements under this Act
and the amendments made by this Act shall be used to administer
and enforce the registration and related requirements under
chapter 139 of title 49, United States Code.
(3) Consequence of noncompliance.--Not later than 30 days
after the date on which a broker, freight forwarder, or motor
carrier fails to comply with this subsection, such entity shall
be listed as inactive on all relevant Department of
Transportation Internet websites.
(b) Amendments.--Section 13901 of title 49, United States Code, is
amended--
(1) by striking ``A person'' and inserting the following:
``(a) In General.--A person''; and
(2) by adding at the end the following:
``(b) Registration Numbers.--
``(1) In general.--If the Administrator of the Federal
Motor Carrier Administration registers a person under this
chapter for 1 or more activities or services, including motor
carrier, freight forwarder, or broker activities or services,
the Administrator shall issue a distinctive registration number
to the person for each such activity or service for which the
person is registered.
``(2) Activity or service type indicator.--Each number
issued under paragraph (1) shall include an indicator of the
type of activity or service for which the registration number
is issued, including whether the registration number is issued
for registration of a motor carrier, freight forwarder, or
broker activity or service.
``(c) Authority.--For each shipment for which a registered person
seeks compensation, the registered person shall specify, in writing,
the operating authority under which it is providing the services
required.''.
SEC. 3. REGISTRATION OF MOTOR CARRIERS.
Section 13902 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``using vehicles
the motor carrier owns or leases'' after ``motor
carrier''; and
(B) by adding at the end the following:
``(6) Separate registration required.--A motor carrier may
not broker transportation services unless the motor carrier has
registered as a broker under this chapter.''; and
(2) in subsection (f), by adding at the end the following:
``(4) Insurance requirements.--A motor carrier registered
under this section shall maintain insurance for property damage
required under section 13906(a)(4) for all shipments
transported under its operating authority.''.
SEC. 4. REGISTRATION AND SECURITY OF FREIGHT FORWARDERS AND BROKERS.
(a) In General.--
(1) Amendment.--Chapter 139 of title 49, United States
Code, is amended by striking sections 13903 and 13904 and
inserting the following:
``Sec. 13903. Registration of freight forwarders and brokers
``(a) In General.--A person may not act as a freight forwarder by
providing service subject to the jurisdiction under subchapter III of
chapter 135 or as a broker unless the person holds a freight
forwarder's permit or a broker's license, as the case may be, issued by
the Federal Motor Carrier Safety Administration.
``(b) Issuance of Permit or License.--
``(1) Eligibility requirements.--The Administrator of the
Federal Motor Carrier Safety Administration shall issue a
freight forwarder's permit or broker's license to any person
that the Administration determines--
``(A) to be qualified by experience and character
to act as a freight forwarder or broker, respectively;
and
``(B) to be fit, willing, and able to provide the
service and to comply with this part and applicable
regulations of the Secretary.
``(2) Duration.--The permit or license issued under
paragraph (1) shall remain in effect only as long as the
freight forwarder or broker is in compliance with section
13904.
``(c) Registration as Motor Carrier Required.--
``(1) Freight forwarders.--A freight forwarder may not
provide transportation as a motor carrier unless the freight
forwarder--
``(A) has registered separately to provide
transportation as a motor carrier; and
``(B) has met all the requirements under this
chapter applicable to motor carriers.
``(2) Brokers.--A broker may not provide transportation as
a motor carrier unless the broker--
``(A) has registered separately to provide
transportation as a motor carrier; and
``(B) has met all of the requirements under this
chapter applicable to motor carriers.
``(d) Registration as Freight Forwarder or Broker Required.--A
motor carrier registered under this chapter--
``(1) may only provide transportation of property with
motor vehicles owned or leased by the motor carrier; and
``(2) may not arrange such transportation unless the motor
carrier has obtained a separate freight forwarder's permit or
broker's license under this section.
``Sec. 13904. Security of freight forwarders and brokers
``(a) Requirements.--
``(1) In general.--A person may not act as a freight
forwarder or broker unless the person furnishes a bond, proof
of trust fund, or other surety, or combination of such
sureties, in a form and amount, and from a provider, determined
by the Administrator of the Federal Motor Carrier Safety
Administration to be adequate to insure financial
responsibility.
``(2) Standards.--The Administrator may authorize the use
of a group bond, trust fund, or other surety, or combination of
such securities that meet the cash and legal requirements under
section 13904(d). The Administrator may not accept proof of
security from any person whose surety or surety provider does
not meet the standards established by the Administrator, by
regulation. Bonds issued under this section may only be offered
by a bonding company that has been approved by the Secretary of
the Treasury.
``(b) Scope of Financial Responsibility.--A bond, trust fund, or
other surety obtained under this section shall be available to pay any
claim against a freight forwarder or broker arising from its failure to
pay freight charges in its contracts, agreements, or arrangements for
transportation subject to regulation under this chapter--
``(1) with the consent of the insured freight forwarder or
broker, subject to review by the surety company;
``(2) if the claim is deemed valid by the surety company
after the freight forwarder or broker has failed to respond to
adequate notice to address the validity of the claim; or
``(3) if the claimant made a reasonable attempt to resolve
the claim under paragraphs (1) and (2), but the claim was not
resolved within a reasonable period of time.
``(c) Freight Forwarder Insurance.--
``(1) In general.--The Administrator of the Federal Motor
Carrier Safety Administration may not register a person as a
freight forwarder under section 13903 unless the person files
with the Administrator a bond, insurance policy, or other type
of security, in accordance with the standards established by
the Administrator under this section.
``(2) Liability insurance.--A security filed under
paragraph (1) shall be sufficient to pay an amount, not to
exceed the amount of the security, for each final judgment
against the freight forwarder for bodily injury to, or death
of, an individual, or loss of, or damage to, property (other
than property referred to in paragraph (3)), resulting from the
negligent operation, maintenance, or use of motor vehicles by,
or under the direction and control of, the freight forwarder
when providing transfer, collection, or delivery service under
this part.
``(3) Cargo insurance.--The Administrator may require a
registered freight forwarder to file with the Administrator a
bond, insurance policy, or other type of security approved by
the Secretary, that will pay an amount, not to exceed the
amount of the security, for loss of, or damage to, property for
which the freight forwarder provides service.
``(d) Additional Requirements.--
``(1) Reissuance of licenses and permits.--Not later than 4
years after the date of the enactment of the Motor Carrier
Protection Act of 2010, freight forwarders and brokers shall
acquire new licenses and permits from the Federal Motor Carrier
Safety Administration that are subject to the terms and
conditions under this subsection. Such licenses and permits
shall expire 5 years after the date of issuance and may be
renewed as provided under this chapter.
``(2) Experience or training requirement.--Each freight
forwarder and broker shall employ, as an officer, an individual
who--
``(A) has at least 3 years of relevant experience;
or
``(B) provides the Administrator with satisfactory
evidence of certified training.
``(3) Online.--The Administrator shall make information on
permits, licenses, and financial security publicly available
online, including--
``(A) the names and addresses of the principals of
each entity holding a permit or license; and
``(B) the electronic address of its surety for the
submission of claims.
``(4) Minimum financial security.--Each freight forwarder
and broker shall provide financial security of at least
$100,000, regardless of the number of branch offices or sales
agents of such entities.
``(5) Specific performance standards.--The Administrator
shall set specific performance standards for bonds or other
acceptable surety, including requirements that--
``(A) at least $10,000 be deposited with the surety
in cash;
``(B) the balance of the surety amount consists of
assets readily available to pay valid claims without
resort to personal guarantees or collection of pledged
accounts receivable; and
``(C) the surety is ultimately financially
responsible for any failure to make the required
payments.
``(6) Notice to cancel.--If a surety required under this
subsection is canceled--
``(A) the holder of the surety shall provide
electronic notification to the Administrator of such
cancellation not later than 30 days before the
effective date of such cancellation; and
``(B) the Administrator shall immediately post such
notification on its public website.
``(7) Suspension.--The Administrator shall immediately
suspend the registration of a freight forwarder or broker if
its available security falls below the amount required under
this subsection.
``(8) Payment of claims.--If a registered freight forwarder
or broker experiences financial failure or insolvency, the
freight forwarder's or broker's surety shall--
``(A) submit a notice to cancel the surety to the
Administrator in accordance with paragraph (6);
``(B) publicly advertise for claims for 60 days
beginning on the date of publication by the
Administrator of the notice to cancel the surety; and
``(C) pay, not later than 30 days after the
expiration of the 60-day period for submission of
claims--
``(i) all uncontested claims received
during such period; or
``(ii) a pro rata share of such claims if
the total amount of such claims exceeds the
financial security available.
``(9) List of claims paid.--Each surety under this
subsection shall--
``(A) publish, on the surety's website, a list of
the claims paid by the surety immediately upon payment;
and
``(B) immediately submit a copy of such list to the
Administrator.
``(10) Penalties.--
``(A) In general.--Any surety that fails to comply
with the requirements under this subsection--
``(i) shall be liable to the United States
Government for a civil penalty in an amount not
to exceed $10,000; and
``(ii) shall be ineligible to offer broker
and forwarder security under this chapter.
``(B) Wilful violations.--Any surety that knowingly
and willfully violates the posting and notification
requirements under this subsection shall be held
financially liable for all valid claims submitted
against the broker or forwarder involved, regardless of
the amount of the security.
``(11) Deduction of costs prohibited.--The amount of the
financial security required under this subsection may not be
reduced by deducting attorney's fees or administrative costs.
``(12) Audit.--Claim payments by sureties shall be annually
audited by a public accounting firm. The results of such audits
shall be made publicly available on the surety's website.''.
(2) Rulemaking.--Not later than 270 days after the date of
the enactment of this Act, the Administrator of the Federal
Motor Carrier Safety Administration shall issue regulations to
enforce the requirements under section 13904(d) of title 49,
United States Code, as added by paragraph (1).
(3) Effective date.--Section 13904(d) of title 49, United
States Code, as added by paragraph (1), shall take effect on
the date that is 270 days after the date of the enactment of
this Act.
(b) Clerical Amendments.--The table of sections for chapter 139 of
title 49, United States Code, is amended--
(1) by striking the item relating to section 13903 and
inserting the following:
``Sec. 13903. Registration of freight forwarders and brokers.'';
and
(2) by striking the item relating to section 13904 and
inserting the following:
``Sec. 13904. Security of freight forwarders and brokers.''.
SEC. 5. REVIEW.
(a) Review by Inspector General.--Not later than 15 months after
the date of the enactment of this subsection, the Inspector General of
the Department of Transportation shall--
(1) review the regulations and enforcement practices of the
Federal Motor Carrier Safety Administration under section
13904(d) of title 49, United States Code, as added by section
4(a); and
(2) make any recommendations to the Secretary of
Transportation that may be necessary to improve the enforcement
of such regulations.
(b) Security and Insurance Amount Assessment.--Every 5 years, the
Administrator of the Federal Motor Carrier Safety Administration shall
review, with public notice and comment, the amount of the security and
insurance required under section 13904 of title 49, United States Code,
to determine whether such amounts are sufficient to provide adequate
financial security.
SEC. 6. UNLAWFUL BROKERAGE ACTIVITIES.
(a) In General.--Chapter 149 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 14916. Unlawful brokerage activities
``(a) Prohibited Activities.--Any person that acts as a broker,
other than a non-vessel-operating common carrier (as defined in section
40102(16) of title 46), or an ocean freight forwarder providing
brokerage as part of an international through movement involving ocean
transportation between the United States and a foreign port, is
prohibited from providing interstate brokerage services as a broker
unless that person--
``(1) is registered under, and in compliance with, section
13903; and
``(2) has satisfied the financial security requirements
under section 13904.
``(b) Civil Penalties and Private Cause of Action.--Any person who
knowingly authorizes, consents to, or permits, directly or indirectly,
either alone or in conjunction with any other person, a violation of
subsection (a) is liable--
``(1) to the United States Government for a civil penalty
in an amount not to exceed $10,000 for each violation; and
``(2) to the injured party for all valid claims incurred
without regard to amount.
``(c) Liable Parties.--The liability for civil penalties and for
claims under this section for unauthorized brokering shall apply,
jointly and severally--
``(1) to any corporate entity or partnership involved; and
``(2) to the individual officers, directors, and principals
of such entities.''.
(b) Clerical Amendment.--The table of sections for chapter 149 of
title 49, United States Code, is amended by adding at the end the
following:
``Sec. 14916. Unlawful brokerage activities.''. | Motor Carrier Protection Act of 2010 - Requires each freight forwarder or freight broker registered with the Federal Motor Carrier Safety Administration (FMCSA) to: (1) pay an annual registration renewal fee in an amount determined by the Secretary of Transportation (DOT); (2) provide updated registration information; and (3) submit proof of compliance with applicable surety and insurance requirements.
Requires noncompliant brokers, freight forwarders, or motor carriers to be listed as inactive on all relevant DOT websites.
Requires the FMCSA Administrator to issue a distinctive registration number for each activity or service of a person (including motor carrier, freight forwarder, or broker) registered to provide one or more such activities or services. Requires a registrant to specify, in writing, the authority under which it is providing required services for each shipment for which it seeks compensation.
Revises federal motor carrier registration requirements to prohibit a motor carrier from brokering transportation services unless registered as a broker. Requires registered motor carriers to maintain insurance for property damage when transporting property.
Revises and consolidates federal registration and security requirements for freight forwarders and brokers. Prohibits a person from acting as a freight forwarder or broker unless that person: (1) holds a freight forwarder's permit or broker's license issued by the FMCSA; and (2) furnishes a bond or other surety from a provider determined by the FMCSA Administrator to be adequate to insure financial responsibility of at least $100,000.
Prohibits a person acting as a broker (other than a non-vessel-operating common carrier), or an ocean freight forwarder providing brokerage as part of an international through movement involving ocean transportation between the United States and a foreign port, from providing interstate brokerage services unless that person: (1) is registered under and in compliance with this Act; and (2) has satisfied financial security requirements. Prescribes civil penalties for violators of such requirements. | {"src": "billsum_train", "title": "A bill to amend section 139 of title 49, United States Code, to increase the effectiveness of Federal oversight of motor carriers, and for other purposes."} | 3,721 | 427 | 0.653458 | 2.139759 | 0.829086 | 3.723288 | 9.405479 | 0.934247 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Financial Policy
Committee For Fair Capital Standards Act''.
SEC. 2. UNITED STATES FINANCIAL POLICY COMMITTEE.
(a) Establishment.--There is hereby established an inter-agency
committee, to be known as the ``United States Financial Policy
Committee'' (hereafter in this Act referred to as the ``Committee''),
which shall consist of--
(1) the Secretary of the Treasury, who shall serve as the
Chairperson of the Committee;
(2) the Chairman of the Board of Governors of the Federal
Reserve System;
(3) the Comptroller of the Currency;
(4) the Chairperson of the Federal Deposit Insurance
Corporation; and
(5) the Director of the Office of Thrift Supervision.
(b) Purpose.--The purpose of the Committee is to develop uniform
United States positions on proposals made to, and issues before, the
Basel Committee on Banking Supervision that, if implemented, may
directly or indirectly affect United States financial institutions.
(c) Meetings.--The Committee shall meet before any meeting of the
Basel Committee on Banking Supervision that is related to, or is
expected to involve a discussion of, capital standards and at any other
time the Chairperson or any member of the Committee calls for a
meeting.
(d) Adherence to Committee Position.--
(1) In general.--Each member of the Committee that is a
participant on the Basel Committee on Banking Supervision shall
adhere to the positions of the Committee in any negotiations of
the Basel Committee on Banking Supervision.
(2) Lack of uniform position.--If the members of the
Committee that are participants on the Basel Committee on
Banking Supervision are unable to agree on a uniform position
on an issue, the position of the Secretary of the Treasury
shall be determinative for purposes of paragraph (1) with
respect to such issue.
(e) Reports to the Congress.--
(1) Annual report.--
(A) In general.--The Committee shall submit an
annual report to the Congress on the proceedings of the
Committee during the period covered by the report.
(B) Contents of report.--The report shall include--
(i) a brief description of issues that were
addressed by the Committee;
(ii) a brief description of the uniform
positions developed by the Committee with
respect to such issues; and
(iii) in the case of any issue for which a
uniform policy was not agreed to, a brief
description of the positions of the parties to
the disagreement and an explanation of the
reasons why the parties could not reach an
agreement.
(2) Reports to the congress prior to agreement on any basel
accord.--
(A) In general.--No Federal banking agency (as
defined in section 3(z) of the Federal Deposit
Insurance Act) may agree to any proposed recommendation
of the Basel Committee on Banking Supervision before
the agency submits a report on the proposed
recommendation to the Congress.
(B) Consultations.--The head of any Federal banking
agency that submits a report to the Congress under
subparagraph (A) shall consult with the Congress
concerning the proposal.
(3) Evaluation of new basel capital accord.--The Federal
banking agencies (as defined in section 3(z) of the Federal
Deposit Insurance Act), in consultation with the Secretary of
the Treasury, shall evaluate the impact of the revised Capital
Accord, taking into account the following factors, and shall
include such evaluation in the report:
(A) The cost and complexity of the proposal.
(B) The impact of the proposal on small, medium,
and large financial institutions.
(C) The impact of the proposal on real estate
markets.
(D) The effect of an operational risk capital
standard on the resilience of the Nation's financial
system and competition.
(E) The impact of the proposal on competition
between banks and other financial institutions.
(F) The need for additional training for
supervision and examination personnel.
(G) Any comments filed by the public after notice
and an opportunity to comment for a period of not less
than 60 days.
(H) The relative impact of compliance by domestic
banks.
(f) Administrative Support Services.--Each agency represented on
the Committee shall provide such administrative support services as may
be necessary for the Committee to carry out its responsibilities under
this Act.
SEC. 3. REPRESENTATION ON BASEL COMMITTEE ON BANKING SUPERVISION FOR
THE DIRECTOR OF THE OFFICE OF THRIFT SUPERVISION.
(a) In General.--Section 912 of the International Lending
Supervision Act of 1983 (12 U.S.C. 3911) is amended--
(1) by striking ``sec. 912. As one of the three'' and
inserting the following:
``(a) FDIC.--As one of the 4''; and
(2) by adding at the end the following new subsection:
``(b) Director of the Office of Thrift Supervision.--As 1 of the 4
Federal bank regulatory and supervisory agencies, the Director of the
Office of Thrift Supervision shall be given equal representation with
the Board of Governors of the Federal Reserve System, the Comptroller
of the Currency, and the Federal Deposit Insurance Corporation on the
Committee on Banking Regulations and Supervisory Practices of the Group
of Ten Countries and Switzerland.''.
(b) Technical and Conforming Amendment.--The heading for section
912 of the International Lending Supervision Act of 1983 (12 U.S.C.
3911) is amended to read as follows:
``SEC. 912. EQUAL REPRESENTATION FOR THE FDIC AND THE DIRECTOR OF THE
OFFICE OF THRIFT SUPERVISION.''. | United States Financial Policy Committee For Fair Capital Standards Act - Establishes the United States Financial Policy Committee as an inter-agency committee composed of: (1) the Secretary of the Treasury, who shall serve as the Chairperson of the Committee; (2) the Chairman of the Board of Governors of the Federal Reserve System; (3) the Comptroller of the Currency; (4) the Chairperson of the Federal Deposit Insurance Corporation; and (5) the Director of the Office of Thrift Supervision.
Directs the Committee to develop uniform U.S. positions on proposals made to, and issues before, the Basel Committee on Banking Supervision that, if implemented, may directly or indirectly affect United States financial institutions.
Requires the Committee to meet before any meeting of the Basel Committee that is related to, or is expected to involve, a discussion of capital standards.
Prohibits a member Federal banking agency from agreeing to any proposed recommendation of the Basel Committee before the agency reports on it to Congress.
Requires the Federal member banking agencies to employ prescribed criteria in their evaluation of the impact of any revised Basel capital accord.
Amends the International Lending Supervision Act of 1983 to add the Director of the Office of Thrift Supervision as one of the four Federal bank regulatory and supervisory agencies on the Committee on Banking Regulations and Supervisory Practices of the Group of Ten Countries and Switzerland. | {"src": "billsum_train", "title": "To establish a mechanism for developing uniform United States positions on issues before the Basel Committee on Banking Supervision at the Bank for International Settlements, to require a review on the most recent recommendation of the Basel Committee for an accord on capital standards, and for other purposes."} | 1,258 | 295 | 0.702595 | 2.044451 | 0.820758 | 6.418251 | 4.334601 | 0.935361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ninth Circuit Court of Appeals
Judgeship and Reorganization Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``former ninth circuit'' means the ninth
judicial circuit of the United States as in existence on the
day before the effective date of this Act;
(2) the term ``new ninth circuit'' means the ninth judicial
circuit of the United States established by the amendment made
by section 3(2)(A); and
(3) the term ``twelfth circuit'' means the twelfth judicial
circuit of the United States established by the amendment made
by section 3(2)(B).
SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.
Section 41 of title 28, United States Code, is amended--
(1) in the matter preceding the table, by striking
``thirteen'' and inserting ``fourteen''; and
(2) in the table--
(A) by striking the item relating to the ninth
circuit and inserting the following:
``Ninth........................
Arizona, California, Nevada.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:
``Twelfth......................
Alaska, Guam, Hawaii, Idaho,
Montana, Northern
Mariana Islands,
Oregon, Washington.''.
SEC. 4. JUDGESHIPS.
(a) New Judgeships.--
(1) For former ninth circuit.--The President shall appoint,
by and with the advice and consent of the Senate, 2 additional
circuit judges for the former ninth circuit court of appeals,
whose official duty stations shall be in Arizona, California,
or Nevada.
(2) For new ninth circuit.--The President shall appoint, by
and with the advice and consent of the Senate, 3 additional
circuit judges for the new ninth circuit court of appeals. The
judges authorized by this paragraph shall not be appointed
before January 21, 2005.
(b) Temporary Judgeships.--
(1) Appointment of judges.--The President shall appoint, by
and with the advice and consent of the Senate, 2 additional
circuit judges for the former ninth circuit court of appeals,
whose official duty stations shall be in Arizona, California,
or Nevada.
(2) Effect of vacancies.--The first 2 vacancies occurring
on the new ninth circuit court of appeals 10 years or more
after judges are first confirmed to fill both temporary circuit
judgeships created by this subsection shall not be filled.
(c) Effective Date.--This section shall take effect on the date of
the enactment of this Act.
SEC. 5. NUMBER OF CIRCUIT JUDGES.
The table contained in section 44(a) of title 28, United States
Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth..................................................... 24'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth................................................... 9''.
SEC. 6. PLACES OF CIRCUIT COURT.
The table contained in section 48(a) of title 28, United States
Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth........................
San Francisco, Pasadena,
Phoenix.'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth......................
Portland, Seattle.''.
SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES.
Each circuit judge of the former ninth circuit who is in regular
active service and whose official duty station on the day before the
effective date of this Act--
(1) is in Arizona, California, or Nevada shall be a circuit
judge of the new ninth circuit as of such effective date; and
(2) is in Alaska, Guam, Hawaii, Idaho, Montana, Northern
Mariana Islands, Oregon, or Washington shall be a circuit judge
of the twelfth circuit as of such effective date.
SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.
Each judge who is a senior circuit judge of the former ninth
circuit on the day before the effective date of this Act may elect to
be assigned to the new ninth circuit or to the twelfth circuit as of
such effective date, and shall notify the Director of the
Administrative Office of the United States Courts of such election.
SEC. 9. SENIORITY OF JUDGES.
The seniority of each judge--
(1) who is assigned under section 7, or
(2) who elects to be assigned under section 8,
shall run from the date of commission of such judge as a judge of the
former ninth circuit.
SEC. 10. APPLICATION TO CASES.
The following apply to any case in which, on the day before the
effective date of this Act, an appeal or other proceeding has been
filed with the former ninth circuit:
(1) If the matter has been submitted for decision, further
proceedings with respect to the matter shall be had in the same
manner and with the same effect as if this Act had not been
enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which the
matter would have been submitted had this Act been in full
force and effect at the time such appeal was taken or other
proceeding commenced, and further proceedings with respect to
the case shall be had in the same manner and with the same
effect as if the appeal or other proceeding had been filed in
such court.
(3) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this Act,
or submitted before the effective date of this Act and decided
on or after such effective date as provided in paragraph (1),
shall be treated in the same manner and with the same effect as
though this Act had not been enacted. If a petition for
rehearing en banc is granted, the matter shall be reheard by a
court comprised as though this Act had not been enacted.
SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES BETWEEN CIRCUITS.
Section 291 of title 28, United States Code, is amended by adding
at the end the following new subsections:
``(c) The chief judge of the Ninth Circuit may, in the public
interest and upon request by the chief judge of the Twelfth Circuit,
designate and assign temporarily any circuit judge of the Ninth Circuit
to act as circuit judge in the Twelfth Circuit.
``(d) The chief judge of the Twelfth Circuit may, in the public
interest and upon request by the chief judge of the Ninth Circuit,
designate and assign temporarily any circuit judge of the Twelfth
Circuit to act as circuit judge in the Ninth Circuit.''.
SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES BETWEEN CIRCUITS.
Section 292 of title 28, United States Code, is amended by adding
at the end the following new subsections:
``(f) The chief judge of the Ninth Circuit may in the public
interest--
``(1) upon request by the chief judge of the Twelfth
Circuit, designate and assign one or more district judges
within the Ninth Circuit to sit upon the Court of Appeals of
the Twelfth Circuit or a division thereof whenever the business
of that court so requires; and
``(2) designate and assign temporarily any district judge
of the Ninth Circuit to hold a district court in any district
within the Twelfth Circuit.
``(g) The chief judge of the Twelfth Circuit may in the public
interest--
``(1) upon request by the chief judge of the Ninth Circuit,
designate and assign one or more district judges within the
Twelfth Circuit to sit upon the Court of Appeals of the Ninth
Circuit or a division thereof whenever the business of that
court so requires; and
``(2) designate and assign temporarily any district judge
of the Twelfth Circuit to hold a district court in any district
within the Ninth Circuit.
``(h) Any designations or assignments under subsection (f)(1) or
(g)(1) shall be in conformity with the rules or orders of the court of
appeals of the circuit to which the judge is designated or assigned.''.
SEC. 13. ADMINISTRATIVE COORDINATION.
Section 332 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(i) Any 2 contiguous circuits may jointly carry out such
administrative functions and activities as the judicial councils of the
2 circuits determine may benefit from coordination or consolidation.''.
SEC. 14. ADMINISTRATION.
The court of appeals for the ninth circuit as constituted on the
day before the effective date of this Act may take such administrative
action as may be required to carry out this Act and the amendments made
by this Act. Such court shall cease to exist for administrative
purposes on October 1, 2006.
SEC. 15. EFFECTIVE DATE.
Except as provided in section 4(c), this Act and the amendments
made by this Act shall take effect on October 1, 2004. | Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2003 - Divides the current U.S. Court of Appeals for the ninth circuit into: (1) the ninth circuit, composed of Arizona, California, and Nevada, consisting of 24 judges, and holding regular sessions in San Francisco, Pasadena, and Phoenix; and (2) the twelfth circuit, composed of Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, and Washington, consisting of nine judges, and holding regular sessions in Portland and Seattle.
Directs the President to appoint, by and with the advice and consent of the Senate: (1) two additional circuit judges for the former ninth circuit court of appeals, whose official duty stations shall be in Arizona, California, or Nevada, and three additional circuit judges for the new ninth circuit court of appeals (who shall not be appointed before January 21, 2005); and (2) two temporary additional circuit judges for the former ninth circuit court of appeals). Directs that each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before this Act's effective date is in Arizona, California, or Nevada be a circuit judge of the new ninth circuit as of such effective date. Requires that each such judge whose duty station on such date is in Alaska, Guam, Hawaii, Idaho, or Washington be a circuit judge of the twelfth circuit. Allows each judge who is a senior circuit judge of the former ninth circuit on the day before this Act's effective date to elect to be assigned to the new ninth or twelfth circuit. (Requires each such judge to notify the Director of the Administrative Office of the United States Courts of such election.) Provides that the seniority of each judge assigned, or elected to be assigned, shall run from the date of commission as a judge of the former ninth circuit. Authorizes certain temporary assignment in the public interest of circuit judges and district judges between circuits. | {"src": "billsum_train", "title": "To amend title 28, United States Code, to provide for the appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States into two circuits, and for other purposes."} | 2,077 | 437 | 0.729606 | 2.279083 | 0.754297 | 5.594315 | 4.937984 | 0.932817 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Technology
Innovation Awards Act of 2000''.
SEC. 2. NEXT-GENERATION TECHNOLOGY INNOVATION AWARDS FOR SCHOOLS.
(a) In General.--Part B of title III of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6891 et seq.) is amended to
read as follows:
``PART B--NEXT-GENERATION TECHNOLOGY INNOVATION AWARDS
``SEC. 3211. PURPOSE; PROGRAM AUTHORITY.
``(a) Purpose.--It is the purpose of this part to--
``(1) expand the knowledge base about the use of the next
generation of advanced computers and telecommunications in
delivering new applications for teaching and learning;
``(2) address questions of national significance about the
next generation of technology and its use to improve teaching
and learning; and
``(3) develop, for wide-scale adoption by State educational
agencies and local educational agencies, models of innovative
and effective applications of technology to teaching and
learning, such as high quality video, voice recognition
devices, modeling and simulation software (particularly web-
based software and intelligent tutoring), hand-held devices,
and virtual reality and wireless technologies, which are
aligned with challenging State academic content and student
performance standards.
``(b) Program Authority.--
``(1) In general.--The Secretary is authorized to award
grants, contracts, and cooperative agreements on a competitive
basis through the Office of Educational Technology to eligible
applicants in order to carry out the purposes of this part.
``(2) Period of award.--A grant, contract, or cooperative
agreement awarded under this part shall be for a period of not
more than 5 years.
``SEC. 3212. ELIGIBILITY.
``(a) Eligible Applicants.--In order to receive an award under this
part, an applicant shall be a consortium which includes--
``(1) at least one State educational agency or local
educational agency; and
``(2) at least one institution of higher education, for-
profit entity, museum, library, or other public or private
entity with a particular expertise that would assist the
educational agency in carrying out the purposes of this part.
``(b) Application Requirements.--In order to receive an award under
this part, an eligible applicant shall submit an application to the
Secretary at such time, and containing such information, as the
Secretary may require. Such application shall include--
``(1) a description of the proposed project and how it
would carry out the purposes of this part; and
``(2) a detailed plan for the independent evaluation of the
project, which shall include benchmarks to monitor progress
toward specific project objectives.
``(c) Priorities.--In making awards under this part, the Secretary
may establish one or more priorities consistent with the objectives of
this part, including the following:
``(1) A priority for projects which develop innovative
models of effective use of educational technology, including
the development of distance learning networks, software,
(including software deliverable through the Internet), and
online-learning resources.
``(2) A priority for projects serving more than one State
and involving large-scale innovations in the use of technology
in education.
``(3) A priority for projects which develop innovative
models for serving traditionally underserved populations,
including low-income students, students with disabilities, and
students with limited English proficiency.
``(4) A priority for projects for which applicants provide
substantial financial and other resources to achieve the goals
of the project.
``(5) A priority for projects which develop innovative
models for using electronic networks to provide challenging
courses, such as Advanced Placement courses.
``(6) A priority for projects which establish high-speed,
large bandwidth capacity Internet access.
``SEC. 3213. USES OF FUNDS.
``A recipient shall use funds awarded under this part to--
``(1) develop new applications of educational technologies
and telecommunications to support school reform efforts, such
as wireless and web-based telecommunications, hand-held
devices, web-based learning resources, distributed learning
environments (including distance learning networks), and the
development of educational software and other applications;
``(2) integrate technology across the curriculum of the
State educational agency or the local educational agency (as
the case may be); and
``(3) carry out other activities consistent with the
purposes of this part, including the following:
``(A) Developing innovative models for improving
teachers' ability to integrate technology effectively
into course curriculum through sustained, intensive,
and high-quality professional development.
``(B) Developing high-quality, standards-based
digital content, including multimedia software, digital
video, and web-based resources, including--
``(i) new technological formats to
facilitate better subject matter understanding
in particularly challenging learning
environments in areas such as physics, foreign
languages, or Advanced Placement courses;
``(ii) computer modeling, visualization,
and simulation tools;
``(iii) new methods for assessing student
performance;
``(iv) web-based and other distance
learning curricula and related materials, such
as interoperable software components;
``(v) learning-focused digital libraries,
information retrieval systems, and other
designs for supporting broad re-use of learning
content; and
``(vi) software which supports the
development, modification, and maintenance of
educational materials.
``(C) Using telecommunications and other
technologies to make programs accessible to students
with special needs (such as low-income students,
students with disabilities, students in remote areas,
and students with limited English proficiency) through
such activities as using technology to support
mentoring.
``(D) Providing classroom and extracurricular
opportunities for female students to explore the
different uses of technology and gain awareness of
careers and opportunities in the technology field.
``(E) Promoting school-family partnerships, which
may include services for adults and families,
particularly parent education programs providing
parents with training, information, and support on how
to help their children achieve high academic standards.
``(F) Acquiring connectivity linkages, resources,
distance learning networks, and services, including
hardware and software, as needed to accomplish the
goals of the project.
``(G) Collaborating with other technology research
and development programs of the Secretary and the
Federal government.
``SEC. 3214. EVALUATION
``The Secretary is authorized to--
``(1) develop tools and provide resources for recipients of
funds under this part to evaluate their activities;
``(2) provide technical assistance to assist recipients of
funds under this part in evaluating their projects;
``(3) conduct independent evaluations of the activities
assisted under this part; and
``(4) disseminate findings and methodologies from
evaluations of activities assisted under this part, or other
information obtained from such projects which would promote the
design, replication, or implementation of effective models for
evaluating the impact of educational technology on teaching and
learning.
``SEC. 3215. LIMITATION ON ADMINISTRATIVE COSTS.
``A recipient of funds under this part may not use more than 3
percent of the funds awarded to the recipient for any fiscal year for
administrative costs or technical assistance.
``SEC. 3216. NON-FEDERAL SHARE.
``(a) In General.--Subject to subsections (b) and (c), the
Secretary may require any recipient of an award under this part to
share in the cost of the activities assisted under such award, which
may be in the form of cash or in-kind contributions fairly valued.
``(b) Increase.--The Secretary may increase the non-Federal share
required of a recipient of an award under this part after the first
year such recipient receives funds under such award.
``(c) Maximum.--The non-Federal share required under this section
may not exceed 50 percent of the cost of the activities assisted
pursuant to an award under this part.
``(d) Notice.--The Secretary shall publish in the Federal Register
the non-Federal share required under this section.
``SEC. 3217. AUTHORIZATION OF APPROPRIATIONS.
``For purposes of carrying out this part, there are authorized to
be appropriated such sums as may be necessary for fiscal year 2001 and
for each of the four succeeding fiscal years.''.
(b) Conforming Repeal of Former Program for National Challenge
Grants.--
(1) In general.--Subpart 2 of part A of title III of such
Act (20 U.S.C. 6841 et seq.) is amended--
(A) by striking section 3136; and
(B) by redesignating section 3137 as section 3136.
(2) Other conforming amendments.--Section 3114 of such Act
(20 U.S.C. 6814) is amended--
(A) by striking subsection (b);
(B) by redesignating paragraph (2) of subsection
(a) as subsection (b) and moving such provision 2 ems
to the left;
(C) by redesignating paragraph (1) of subsection
(a) as subsection (a) and moving such provision 2 ems
to the left;
(D) by striking ``(A)(i)'' and inserting
``(1)(A)'';
(E) by striking ``(ii)'' and inserting ``(B)'';
(F) by striking ``(B)'' and inserting ``(2)'';
(G) by striking ``(C)'' and inserting ``(3)'';
(H) in the heading, by striking ``; FUNDING RULE'';
and
(I) by striking ``(a) Authorization of
Appropriations.--''. | Authorizes the Secretary of Education, through the Office of Educational Technology, to award grants, contracts, or cooperative agreements on a competitive basis to eligible applicants, which are consortia that include: (1) at least one State educational agency or local educational agency; and (2) at least one institution of higher education, for-profit entity, museum, library, other public or private entity with appropriate expertise. Sets forth requirements for applications, plans, priorities, uses of funds, and evaluation. Authorizes the Secretary to require a non-Federal share of up to 50 percent of the cost of activities assisted pursuant to such an award.
Authorizes appropriations.
Repeals provisions for a program of national challenge grants for technology in education. | {"src": "billsum_train", "title": "Next Generation Technology Innovation Awards Act of 2000"} | 2,148 | 159 | 0.576256 | 1.551684 | 0.969567 | 3.909091 | 14.454545 | 0.916084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian-American Enterprise Fund
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to promote the Haitian private sector, including small
businesses, the agricultural sector, and joint ventures with
United States and Haitian participants; and
(2) to promote policies and practices conducive to the
private sector in Haiti through loans, grants, equity
investments, feasibility studies, technical assistance,
training, insurance, guarantees, and other measures.
SEC. 3. HAITIAN-AMERICAN ENTERPRISE FUND.
(a) Designation.--After consultation with the leadership of each
House of Congress, the President may designate a private, nonprofit
organization, which has been established for the purposes specified in
section 2 and which shall be known as the ``Haitian-American Enterprise
Fund'', to receive financial assistance and support made available
under this Act.
(b) Board of Directors.--
(1) Appointment.--The Haitian-American Enterprise Fund
shall be governed by a Board of Directors, which shall be
comprised of 6 private citizens of the United States or Haiti,
appointed by the President, of which not more than 2 may be
citizens of Haiti.
(2) Qualifications.--Member of the Board of Directors shall
be selected from among people who have had successful business
careers in private equity, banking, or finance that is similar
to the experience of individuals who previously served on the
Board of Directors of a successful Enterprise Fund established
by the United States Government on or after January 1, 1990.
(3) Additional board members.--Upon the recommendation of
the Board of Directors, the President may appoint up to 2
additional members to the Board (in addition to the Directors
appointed pursuant to paragraph (1)), of which not more than 1
may be a citizen of Haiti.
(c) Grants.--
(1) In general.--Amounts appropriated to the President
pursuant to section 7 shall be granted to the Haitian-American
Enterprise Fund by the United States Agency for International
Development to enable the Fund to carry out the purposes
specified in section 2 and for the administrative expenses of
the Fund.
(2) Eligible programs and projects.--Grants awarded under
this section may only be used for programs and projects that
support the purposes set forth in section 2.
(3) Compliance requirement.--
(A) In general.--Grants may not be awarded to the
Haitian-American Enterprise Fund under this section
unless the Fund agrees to comply with the requirements
under this section.
(B) Grant agreement.--The grant agreement between
the United States Agency for International Development
(referred to in this section as ``USAID'') and the
Haitian-American Enterprise Fund shall state that the
Fund shall end its reinvestment cycle not later than
December 31, 2021, unless the USAID Administrator
determines, after consultation with the appropriate
congressional committees, that the Fund should be
extended.
(C) Prevention of money laundering and terrorist
financing.--The grant agreement between USAID and the
Haitian-American Enterprise Fund shall state that the
Fund shall comply with procedures specified by the
Secretary of State to ensure that grant funds are not
provided by the Fund to or through--
(i) any individual, private or government
entity, or educational institution that
advocates, plans, sponsors, engages in, or has
engaged in, money laundering or terrorist
activity; or
(ii) any private entity or educational
institution if a principal officer of its
governing board is--
(I) involved in or advocating money
laundering or terrorist activity; or
(II) a member of a designated
foreign terrorist organization.
(D) Disposition of assets.--All assets of the
Haitian-American Enterprise Fund on the date on which
the Fund is dissolved shall be returned to the Treasury
of the United States for the purpose of deficit
reduction.
(d) Notification.--
(1) In general.--Not later than 15 days before designating
an organization to operate as the Haitian-American Enterprise
Fund pursuant to subsection (a), the President shall provide
the information described in paragraph (2) to the Chairman and
Ranking Member of the appropriate congressional committees.
(2) Information.--The information described in this
paragraph is--
(A) the identity of the organization to be
designated to operate as the Haitian-American
Enterprise Fund pursuant to subsection (a);
(B) the names and qualifications of the individuals
who will comprise the Initial Board;
(C) the procedures referred to in subsection
(c)(3)(C) that will apply to the Haitian-American
Enterprise Fund for purposes of curtailing money
laundering and terrorist financing activities; and
(D) the size of the financial grant that shall be
made available to the Haitian-American Enterprise Fund.
(e) Reports.--
(1) Administrative expenses.--Not later than 1 year after
the date of the enactment of this Act, and annually thereafter
until the Fund is dissolved, the Fund shall submit a report to
the appropriate congressional committees that details the
administrative expenses of the Fund.
(2) GAO report.--Not later than 3 years after the date of
the enactment of this Act, and every 3 years thereafter until
the Fund is dissolved, the Comptroller General of the United
States shall submit a report to the appropriate congressional
committees that assesses the activities of the Fund in--
(A) achieving the stated goals of promoting private
sector investment and employment in Haiti; and
(B) identifying those institutional or regulatory
constraints that inhibit a more effective application
of Fund resources.
(f) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 4. OPERATION PROVISIONS.
(a) Applicable Provisions.--Subsections (d)(5), (g), (h), (i), (k),
(l), (m), (n), (o), and (p) of section 201 of the Support for East
European Democracy (SEED) Act of 1989 (Public Law 101-179; 22 U.S.C.
5421) shall apply with respect to the Haitian-American Enterprise Fund
in the same manner as such provisions apply to Enterprise Funds
designated pursuant to subsection (d) of such section.
(b) Reinvestment.--Returns on investments of the Haitian-American
Enterprise Fund and other payments to the Fund may be reinvested in
projects carried out by the Fund without further appropriation by
Congress.
SEC. 5. BEST PRACTICES AND PROCEDURES.
To the maximum extent practicable, the Board of Directors of the
Haitian-American Enterprise Fund should adopt the best practices and
procedures used by Enterprise Funds, including those for which funding
has been made available pursuant to section 201 of the Support for East
European Democracy (SEED) Act of 1989 (Public Law 101-179; 22 U.S.C.
5421).
SEC. 6. EXPERIENCE OF OTHER ENTERPRISE FUNDS.
In implementing this Act, the President shall ensure that the
Articles of Incorporation of the Haitian-American Enterprise Fund
(including provisions specifying the responsibilities of the Board of
Directors of the Fund), the terms of United States Government grant
agreements with the Fund, and United States Government oversight of the
Fund are, to the maximum extent practicable, consistent with the
Articles of Incorporation of, the terms of grant agreements with, and
the oversight of the Enterprise Funds established pursuant to section
201 of the Support for East European Democracy (SEED) Act of 1989 (22
U.S.C. 5421) and comparable provisions of law.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
President such sums as may be necessary to provide funding for grants
to the Haitian-American Enterprise Fund, which shall be used for the
purposes specified in section 2.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
(c) Nonapplicability of Other Laws.--Notwithstanding any other
provision of law, amounts appropriated pursuant to subsection (a) may
be used to carry out this Act. | Haitian-American Enterprise Fund Act - Authorizes the President, after congressional consultation, to designate a private, nonprofit organization as the Haitian-American Enterprise Fund to receive financial assistance and support under this Act.
States that a grant agreement between the United States Agency for International Development (USAID) and the Fund shall: (1) require the Fund to end its reinvestment cycle not later than December 31, 2021, unless extended by USAID; (2) provide for the prevention of money laundering and terrorist financing; and (3) require any remaining Fund assets to be returned to the Treasury for debt reduction purposes.
States that the Fund's Board of Directors should adopt the best practices and procedures used by Enterprise Funds, including those for which funding has been made available pursuant to the Support for East European Democracy (SEED) Act of 1989.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to promote the strengthening of the Haitian private sector."} | 1,847 | 182 | 0.588284 | 1.888734 | 0.848798 | 4.714286 | 10.166667 | 0.952381 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Approximately 60 percent of Indian tribe members and
Native Alaskans live on or adjacent to Indian lands, which
suffer from an average unemployment rate of 45 percent.
(2) Indian tribe members and Native Alaskans own more than
197,000 businesses and generate more than $34,000,000,000 in
revenues. The service industry accounted for 17 percent of
these businesses (of which 40 percent were engaged in business
and personal services) and 15.1 percent of their total
receipts. The next largest was the construction industry (13.9
percent and 15.7 percent, respectively). The third largest was
the retail trade industry (7.5 percent and 13.4 percent,
respectively).
(3) The number of businesses owned by Indian tribe members
and Native Alaskans grew by 84 percent from 1992 to 1997, and
their gross receipts grew by 179 percent in that period. This
is compared to all businesses which grew by 7 percent, and
their total gross receipts grew by 40 percent, in that period.
(4) The Small Business Development Center program is cost
effective. Clients receiving long-term counseling under the
program in 1998 generated additional tax revenues of
$468,000,000, roughly 6 times the cost of the program to the
Federal Government.
(5) Using the existing infrastructure of the Small Business
Development Center program, small businesses owned by Indian
tribe members, Native Alaskans, and Native Hawaiians receiving
services under the program will have a higher survival rate
than the average small business not receiving such services.
(6) Business counseling and technical assistance is
critical on Indian lands where similar services are scarce and
expensive.
(7) Increased assistance through counseling under the Small
Business Development Center program has been shown to reduce
the default rate associated with lending programs of the Small
Business Administration.
(b) Purposes.--The purposes of this Act are as follows:
(1) To stimulate economies on Indian lands.
(2) To foster economic development on Indian lands.
(3) To assist in the creation of new small businesses owned
by Indian tribe members, Native Alaskans, and Native Hawaiians
and expand existing ones.
(4) To provide management, technical, and research
assistance to small businesses owned by Indian tribe members,
Native Alaskans, and Native Hawaiians.
(5) To seek the advice of local Tribal Councils on where
small business development assistance is most needed.
(6) To ensure that Indian tribe members, Native Alaskans,
and Native Hawaiians have full access to existing business
counseling and technical assistance available through the Small
Business Development Center program.
SEC. 2. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO INDIAN TRIBE
MEMBERS, NATIVE ALASKANS, AND NATIVE HAWAIIANS.
(a) In General.--Section 21(a) of the Small Business Act (15 U.S.C.
648(a)) is amended by adding at the end the following:
``(7) Additional grant to assist indian tribe members,
native alaskans, and native hawaiians.--
``(A) In general.--Any applicant in an eligible
State that is funded by the Administration as a Small
Business Development Center may apply for an additional
grant to be used solely to provide services described
in subsection (c)(3) to assist with outreach,
development, and enhancement on Indian lands of small
business startups and expansions owned by Indian tribe
members, Native Alaskans, and Native Hawaiians.
``(B) Eligible states.--For purposes of
subparagraph (A), an eligible State is a State that has
a combined population of Indian tribe members, Natives
Alaskans, and Native Hawaiians that comprises at least
1 percent of the State's total population, as shown by
the latest available census.
``(C) Grant applications.--An applicant for a grant
under subparagraph (A) shall submit to the Associate
Administrator an application that is in such form as
the Associate Administrator may require. The
application shall include information regarding the
applicant's goals and objectives for the services to be
provided using the grant, including--
``(i) the capability of the applicant to
provide training and services to a
representative number of Indian tribe members,
Native Alaskans, and Native Hawaiians;
``(ii) the location of the Small Business
Development Center site proposed by the
applicant;
``(iii) the required amount of grant
funding needed by the applicant to implement
the program; and
``(iv) the extent to which the applicant
has consulted with local Tribal Councils.
``(D) Applicability of grant requirements.--An
applicant for a grant under subparagraph (A) shall
comply with all of the requirements of this section,
except that the matching funds requirements of
paragraph (4)(A) shall not apply.
``(E) Maximum amount of grants.--No applicant may
receive more than $300,000 in grants under this
paragraph in a fiscal year.
``(F) Regulations.--After providing notice and an
opportunity for comment and after consulting with the
Association recognized by the Administration pursuant
to paragraph (3)(A) (but not later than 180 days after
the date of enactment of this paragraph), the
Administrator shall issue final regulations to carry out this
paragraph, including regulations that establish--
``(i) standards relating to educational,
technical, and support services to be provided
by Small Business Development Centers receiving
assistance under this paragraph; and
``(ii) standards relating to any work plan
that the Associate Administrator may require a
Small Business Development Center receiving
assistance under this paragraph to develop.
``(G) Definitions.--In this paragraph, the
following definitions apply:
``(i) Associate administrator.--The term
`Associate Administrator' means the Associate
Administrator for Small Business Development
Centers.
``(ii) Indian lands.--The term `Indian
lands' has the meaning given the term `Indian
country' in section 1151 of title 18, United
States Code, the meaning given the term `Indian
reservation' in section 151.2 of title 25, Code
of Federal Regulations (as in effect on the
date of enactment of this paragraph), and the
meaning given the term `reservation' in section
4 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1903).
``(iii) Indian tribe.--The term `Indian
tribe' has the meaning given such term in
section 8(a)(13).
``(iv) Indian tribe member.--The term
`Indian tribe member' means a member of an
Indian tribe (other than a Native Alaskan).
``(v) Native alaskan.--The term `Native
Alaskan' has the meaning given the term
`Native' in section 3(b) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602(b)).
``(vi) Native hawaiian.--The term `Native
Hawaiian' means any individual who is a
descendant of the aboriginal people, who prior
to 1778, occupied and exercised sovereignty in
the area that now constitutes the State of
Hawaii.
``(H) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $7,000,000 for each of fiscal years 2004
through 2006.
``(I) Funding limitations.--
``(i) Nonapplicability of certain
limitations.--Funding under this paragraph
shall be in addition to the dollar program
limitations specified in paragraph (4).
``(ii) Limitation on use of funds.--The
Administration may carry out this paragraph
only with amounts appropriated in advance
specifically to carry out this paragraph.''.
SEC. 3. STATE CONSULTATION WITH LOCAL TRIBAL COUNCILS.
Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is
amended by adding at the end the following:
``(9) Advice of local tribal counsels.--A State receiving
grants under this section shall request the advice of local
Tribal Councils on how best to provide assistance to Indian
tribe members, Native Alaskans, and Native Hawaiians and where
to locate satellite centers to provide such assistance.''.
Passed the House of Representatives March 31, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | (This measure has not been amended since it was introduced in the House on March 6, 2003. The summary of that version is repeated here.)Amends the Small Business Act to authorize a Small Business Development Center in an eligible State to apply for an additional Small Business Administration grant to be used solely to provide services to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Native Alaskans, and Native Hawaiians (members and Natives). Defines an eligible State as one in which at least one percent of its population is comprised of such members and Natives. Limits each grant to $300,000 in a fiscal year.Requires a State receiving such a grant to request the advice of local tribal councils on how best to provide assistance to such members or Natives and where to locate satellite centers to provide such assistance. | {"src": "billsum_train", "title": "To amend the Small Business Act to expand and improve the assistance provided by Small Business Development Centers to Indian tribe members, Native Alaskans, and Native Hawaiians."} | 1,844 | 193 | 0.561602 | 1.818021 | 0.824577 | 4.012048 | 10.03012 | 0.903614 |
SECTION 1. PLACEMENT PROGRAM FOR SEPARATED MEMBERS OF THE ARMED FORCES
IN EMPLOYMENT POSITIONS WITH LAW ENFORCEMENT AGENCIES.
(a) Placement Program With Law Enforcement Agencies.--(1) Chapter
58 of title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 1152. Placement program for separated members to obtain
employment with law enforcement agencies
``(a) Placement Program.--The Secretary of Defense shall establish
a placement program to assist eligible members of the armed forces to
obtain employment by State and local law enforcement agencies upon
their discharge or release from active duty.
``(b) Eligible Members.--A member of the armed forces shall be
eligible for selection to participate in the placement program if the
member--
``(1) is involuntary separated (as described in section
1141 of this title), is approved for separation under section
1174a or 1175 of this title, or is given early retirement under
section 4403 of the Defense Conversion, Reinvestment, and
Transition Assistance Act of 1992 (division D of Public Law
102-484; 10 U.S.C. 1293 note) during the four-year period
beginning on the date of the enactment of this section;
``(2) has a military occupational specialty, training, or
experience related to law enforcement, such as service as a
member of the military police; and
``(3) satisfies such other criteria for selection as the
Secretary of Defense may prescribe.
``(c) Selection of Participants.--(1) The Secretary of Defense
shall select members to participate in the placement program on the
basis of applications submitted to the Secretary before the date of the
discharge or release of the members from active duty or as soon after
such date as the Secretary may prescribe. An application shall be in
such form and contain such information as the Secretary may require.
``(2) The Secretary may not select a member to participate in the
placement program unless the Secretary has sufficient appropriations
for the placement program available at the time of the selection to
satisfy the obligations to be incurred by the United States under this
section with respect to that member.
``(d) Agreements With Law Enforcement Agencies.--(1) The Secretary
of Defense may enter into an agreement with a State or local law
enforcement agencies to facilitate the placement of participants in law
enforcement employment positions if the law enforcement agency agrees--
``(A) to select a participant in the placement program to
receive training as a law enforcement officer;
``(B) to offer the participant full-time employment with
the law enforcement agency as a law enforcement officer for a
period of at least three years; and
``(C) to treat the participant so employed in the same
manner (except with regard to tenure upon the completion of the
required employment period) as any other law enforcement
officer employed by the agency for purposes of determining
seniority, duty assignments, and eligibility for benefits.
``(2) Under an agreement referred to in paragraph (1), the
Secretary shall agree to pay to the law enforcement agency for the
first three years of employment of the participant an amount equal to
100 percent of the basic salary paid (not to exceed $45,000 per year)
by the law enforcement agency to the participant as a law enforcement
officer.
``(3) Payments required under paragraph (2) shall be made by the
Secretary in quarterly installments in advance. If the participant
leaves the employment of the law enforcement agency before the end of
the period covered by an advance payment, the law enforcement agency
shall reimburse the Secretary for any portion of the advance payment
that remains unpaid to the participant.
``(4) The Secretary may not enter into an agreement under this
subsection with a law enforcement agency (and shall terminate any
agreement so entered) if the Secretary determines that the agency--
``(A) terminated the employment of another law enforcement
officer in order to fill the vacancy so created with a
participant in the placement program; or
``(B) seeks a participant in the placement program so as to
avoid filling an existing employment vacancy with the agency.
``(5) The Secretary shall disseminate information and applications
regarding the placement program to State and local law enforcement
agencies eligible to enter into agreements under this subsection and
may provide technical assistance to agencies seeking to enter into such
an agreement.
``(e) Priority Given to High Crime Areas.--In entering into
agreements with law enforcement agencies under subsection (d), the
Secretary of Defense shall give priority to those law enforcement
agencies performing law enforcement functions in high crime areas, as
identified by the Attorney General.
``(f) Model Placement Agreements.--The Secretary of Defense shall
endeavor to enter into agreements under subsection (d) with law
enforcement agencies performing law enforcement functions in Atlanta,
Georgia, Chicago, Illinois, Los Angeles, California, and New York, New
York, for the placement of participants as law enforcement officers in
these four cities. To the extent participants in the placement program
are available for placement with law enforcement agencies operating in
these cities, the Secretary shall reserve 10 percent of the placements
during each fiscal year for these cities. Placements made under the
authority of this subsection shall be in addition to any placements
made under the placement program in these cities pursuant to the State
allocation made under subsection (g).
``(g) Number of Participants per State.--(1) Except as provided in
paragraph (2), the number of participants in the placement program who
are placed in law enforcement employment positions in a particular
State during a fiscal year may not exceed the number that--
``(A) bears the same ratio to the total number of
participants placed in law enforcement employment positions in
that year (not counting participants placed under a model
agreement under subsection (f)); as
``(B) the population of that State bears to the total
population of all the States.
``(2) The Secretary of Defense may vary the placement ratios
determined for States under paragraph (1) if the Secretary is unable to
enter into a sufficient number of agreements under subsection (d) with
law enforcement agencies in all States to permit compliance with the
ratios.
``(h) Information Regarding Placement Program.--The Secretary of
Defense shall provide information regarding the placement program to
members of the armed forces as part of preseparation counseling
provided under section 1142 of this title. The information provided
shall include an up-to-date list of all law enforcement agencies with
which the Secretary has entered into agreements under subsection (d).
``(i) Special Eligibility of Certain Persons Already Separated.--A
member of the armed forces described in subsection (b) who was
involuntary separated (as described in section 1141 of this title),
approved for separation under section 1174a or 1175 of this title, or
given early retirement under section 4403 of the Defense Conversion,
Reinvestment, and Transition Assistance Act of 1992 (division D of
Public Law 102-484; 10 U.S.C. 1293 note) during the period beginning on
October 1, 1990, and ending on the date of the enactment of this
section may be selected to participate in the placement program if the
member is otherwise eligible to participate. Any selections made
pursuant to this subsection shall be made not later than October 1,
1994.
``(j) Definitions.--In this section:
``(1) The term `State' means each of the several States,
the District of Columbia, American Samoa, the Federated States
of Micronesia, Guam, the Republic of the Marshall Islands, the
Commonwealth of the Northern Mariana Islands, the Commonwealth
of Puerto Rico, Palau, and the Virgin Islands.
``(2) The term `law enforcement officer' means an
individual involved in crime and juvenile delinquency control
or reduction, or enforcement of the laws, including police,
corrections, probation, parole, and judicial officers.
``(3) The term `placement program' means the placement
program required to be established under this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new items:
``1152. Placement program for separated members to obtain employment
with law enforcement agencies.''.
(b) Attorney General Report.--Not later than two years after the
date of the enactment of this Act, the Attorney General shall submit to
Congress a report evaluating the impact, if any, that the law
enforcement placement program required by section 1152 of title 10,
United States Code (as added by subsection (a)), has had on reducing
the incidence of crime in the United States. | Directs the Secretary of Defense to establish a placement program to assist in providing employment with State and local law enforcement agencies for members of the armed forces involuntarily separated during the four years following enactment of this Act and having a military specialty, training, or experience related to law enforcement. Directs the Secretary to enter into agreements under which a State or local law enforcement agency agrees to train and employ an eligible participant for a minimum three-year period and the Secretary pays the State or local government the full amount of the officer's salary. Provides: (1) a priority for high crime areas; (2) for model placement agreements with the cities of Atlanta, Chicago, Los Angeles, and New York under the program; (3) a limit on the number of participants per State; (4) for the dissemination of information concerning the program as part of preseparation counseling; and (5) for special eligibility for persons already separated. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to establish a program to place members of the Armed Forces who are separated from the Armed Forces in employment positions with law enforcement agencies to relieve shortages of law enforcement officers and to provide employment for displaced military personnel."} | 1,861 | 193 | 0.56327 | 1.649233 | 0.929015 | 2.551351 | 9.767568 | 0.897297 |
SECTION 1. SHORT TITLE.
This Act may be cited as--
(1) the ``Best Return on America's Investment Now Act''; or
(2) the ``BRAIN Act''.
SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM GRADUATES.
(a) Preference Allocation for Employment-Based Immigrants.--Section
203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is
amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following:
``(6) Aliens holding doctorate degrees from u.s. doctoral
institutions of higher education in science, technology,
engineering, or mathematics.--
``(A) In general.--Visas shall be made available,
in a number not to exceed 10 percent of such worldwide
level, to qualified immigrants who--
``(i) hold a doctorate degree in a field of
science, technology, engineering, or
mathematics from a United States doctoral
institution of higher education; and
``(ii) have taken all doctoral courses in a
field of science, technology, engineering, or
mathematics, including all courses taken by
correspondence (including courses offered by
telecommunications) or by distance education,
while physically present in the United States.
``(B) Definitions.--For purposes of this paragraph:
``(i) The term `distance education' has the
meaning given such term in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003).
``(ii) The term `field of science,
technology, engineering, or mathematics' means
a field included in the Department of
Education's Classification of Instructional
Programs taxonomy within the summary groups of
computer and information sciences and support
services, engineering, mathematics and
statistics, and physical sciences.
``(iii) The term `United States doctoral
institution of higher education' means an
institution that--
``(I) is described in section
101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)) or is a
proprietary institution of higher
education (as defined in section 102(b)
of such Act (20 U.S.C. 1002(b))); and
``(II) was classified by the
Carnegie Foundation for the Advancement
of Teaching on January 1, 2012, as a
doctorate-granting university with a
very high or high level of research
activity or classified by the National
Science Foundation after the date of
enactment of this paragraph, pursuant
to an application by the institution,
as having equivalent research activity
to those institutions that had been
classified by the Carnegie Foundation
as being doctorate-granting
universities with a very high or high
level of research activity.''.
(b) Procedure for Granting Immigrant Status.--Section 204(a)(1)(E)
of such Act (8 U.S.C. 1154(a)(1)(E)) is amended--
(1) by striking ``(E)'' and inserting ``(E)(i)'';
(2) by striking ``203(b)(1)(A),'' and inserting
``203(b)(1)(A) or 203(b)(6),'';
(3) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(4) by adding at the end the following:
``(ii) The following processing standards shall
apply with respect to petitions under clause (i)
relating to alien beneficiaries qualifying under
section 203(b)(6):
``(I) The Secretary of Homeland Security
shall adjudicate such petitions not later than
60 days after the date on which the petition is
filed. In the event that additional information
or documentation is requested by the Secretary
during such 60-day period, the Secretary shall
adjudicate the petition not later than 30 days
after the date on which such information or
documentation is received.
``(II) The petitioner shall be notified in
writing within 30 days of the date of filing if
the petition does not meet the standards for
approval. If the petition does not meet such
standards, the notice shall include the reasons
therefore and the Secretary shall provide an
opportunity for the prompt resubmission of a
modified petition.''.
(c) Skilled Workers, Professionals, and Other Workers.--Section
203(b)(3)(A) of such Act (8 U.S.C. 1153(b)(3)(A)) is amended by
striking ``28.6'' and inserting ``25.74''.
(d) GAO Study.--Not later than June 30, 2018, the Comptroller
General of the United States shall provide to the Congress the results
of a study on the use by the National Science Foundation of the
classification authority provided under section 203(b)(6)(B)(iii)(II)
of the Immigration and Nationality Act (8 U.S.C.
1153(b)(6)(B)(iii)(II)), as added by this section.
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014, and shall apply with respect to fiscal years
beginning on or after such date. Nothing in the preceding sentence
shall be construed to prohibit the Secretary of Homeland Security from
accepting before such date petitions under section 204(a)(1)(E) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(E)) relating to
alien beneficiaries qualifying under section 203(b)(6) of such Act (8
U.S.C. 1153(b)(6)) (as added by this section).
SEC. 3. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
(1) by striking ``subsections (a) and (b)'' and inserting
``subsection (a), and paragraphs (3), (4), and (5) of
subsection (b),'';
(2) by striking ``such subsections'' and inserting ``such
provisions''.
(b) Rules for Employment-Based Immigrants.--Section 202(a)(5) of
such Act (8 U.S.C. 1152(a)(5)) is amended--
(1) in subparagraph (A), by striking ``(1), (2), (3), (4),
or (5)'' and inserting ``(3), (4), or (5)''; and
(2) in subparagraph (B)--
(A) by inserting ``paragraphs (3), (4), and (5)
of'' before ``section 203(b) exceeds''; and
(B) by striking ``section 203(b) consistent'' and
inserting ``such paragraphs consistent''.
(c) Special Rules for Countries at Ceiling.--Section 202(e) of such
Act (8 U.S.C. 1152(e)) is amended--
(1) by striking ``subsections (a) and (b)'' each place such
term appears and inserting ``subsection (a), and paragraphs
(3), (4), and (5) of subsection (b),''; and
(2) by striking ``(1) through (5)'' and inserting ``(3),
(4), and (5)''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014, and shall apply with respect to fiscal years
beginning on or after such date.
SEC. 4. PERMANENT PRIORITY DATES.
(a) In General.--Section 203 of the Immigration and Nationality Act
(8 U.S.C. 1153) is amended by adding at the end the following:
``(i) Permanent Priority Dates.--
``(1) In general.--Subject to subsection (h)(3) and
paragraph (2), the priority date for any employment-based
petition shall be the date of filing of the petition with the
Secretary of Homeland Security (or the Secretary of State, if
applicable), unless the filing of the petition was preceded by
the filing of a labor certification with the Secretary of
Labor, in which case that date shall constitute the priority
date.
``(2) Subsequent employment-based petitions.--Subject to
subsection (h)(3), an alien who is the beneficiary of any
employment-based petition that was approvable when filed
(including self-petitioners) shall retain the priority date
assigned with respect to that petition in the consideration of
any subsequently filed employment-based petition (including
self-petitions).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2014, and shall apply to aliens who are a
beneficiary of a classification petition pending on or after such date. | Best Return on America's Investment Now Act or BRAIN Act - Amends the Immigration and Nationality Act to make up to 10% of the worldwide employment-based immigration level available to qualified immigrants who: (1) hold a doctorate degree in a field of science, technology, engineering, or mathematics (STEM degree) from a U.S. doctoral institution of higher education; and (2) have taken all doctoral courses in a STEM field, including all courses taken by correspondence or by distance education, while physically present in the United States. Reduces the number of immigrant visas available to skilled workers, professionals, and other workers. Revises the computation of the total number of immigrant visas that may be made available to natives of any single foreign state or dependent area in a fiscal year. States that: (1) the permanent priority date for any employment-based petition shall be the date on which the petition is filed with Secretary of Homeland Security (DHS) (or the Secretary of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date; and (2) an alien who is the beneficiary of an employment-based petition that was approvable when filed shall retain that petition's priority date in the consideration of any subsequently filed employment-based petition. | {"src": "billsum_train", "title": "BRAIN Act"} | 2,041 | 293 | 0.538659 | 1.619873 | 0.858334 | 4.686792 | 6.573585 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Public Telecommunications
Infrastructure Act of 1994''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States Government has consistently
encouraged the development and dissemination of public
telecommunications services in broadcast and nonbroadcast
technologies through, among other things, the Public
Broadcasting Act of 1967, the Public Telecommunications
Financing Act of 1978, and the Public Telecommunications Act of
1992, wherein Congress found that ``it is in the public
interest for the Federal Government to ensure that all citizens
of the United States have access to public telecommunications
services through all appropriate available telecommunications
distribution technologies. . . ''.
(2) The Government has a compelling interest in ensuring
that all citizens of the United States have access to
noncommercial governmental, educational, informational,
cultural, civic, and charitable services through all
appropriate telecommunications networks.
(3) New telecommunications technologies will enhance the
ability of schools, libraries, local governments, public
broadcast institutions, and nonprofit organizations to deliver
and receive noncommercial governmental, educational,
informational, cultural, civic, and charitable services
throughout the United States.
(4) It is in the public interest that these entities be
granted access to capacity on telecommunications networks for
the purpose of disseminating and receiving noncommercial
governmental, educational, informational, cultural, civic, and
charitable services throughout the United States.
(5) It is necessary and appropriate that these entities
have access, without charge, to the capacity on
telecommunications networks to enable the public to have
affordable access to the governmental, educational,
informational, cultural, civic, and charitable services
provided by such entities.
(6) Telecommunications services, including cable television
programming, basic telephone service, and telecommunications
services not yet available, are likely to become an
increasingly pervasive presence in the lives of all Americans.
(7) Most Americans are currently served by
telecommunications networks that lack sufficiently open
architecture, sufficient capacity, and adequate
nondiscriminatory access terms necessary to provide open access
to a diversity of voice, video, and data communications.
(8) Private telecommunications carriers are likely to
control access to telecommunications networks that lack
sufficiently open architecture, sufficient capacity, and
adequate nondiscriminatory access terms. Without narrowly
tailored governmental intervention, the existence of these
private ``gatekeepers'' is likely to restrict access to these
networks.
(9) Private telecommunications carriers respond to
marketplace forces, and therefore are most likely to exclude
those members of the public and institutions with the fewest
financial resources, including but not limited to small town
and rural residents, low income people, minorities, individuals
with disabilities, the elderly, and noncommercial organizations
such as schools, libraries, public broadcasters, and nonprofit
community and civic organizations.
(10) To facilitate widespread public discourse on a range
of public concerns between and among all Americans, the
Government has a compelling interest in providing broad access
to telecommunications networks for a diversity of voices,
viewpoints, and cultural perspectives, including access for
members of the public whose voices are most likely to be
excluded by private telecommunications carriers.
(11) Assuring access to a diversity of voices, viewpoints,
and cultural perspectives over telecommunications networks
benefits all members of the public who use telecommunications
networks to disseminate or receive information.
(12) Government support and encouragement of a diversity of
voices, viewpoints, and cultural perspectives over
telecommunications networks furthers a compelling governmental
interest in improving democratic self-governance, and improving
and facilitating local government services and communication
between citizens and elected and unelected public officials.
(13) Telecommunications networks make substantial use of
public rights-of-way in real property and in spectrum
frequencies.
(14) Because of the Government's compelling interest in
ensuring broad and diverse access to telecommunications
networks for the purposes of disseminating and receiving
noncommercial educational and informational services, and in
exchange for the use of public rights-of-way accorded
telecommunications networks, it is appropriate for Congress
(through the assertion of concurrent Federal jurisdiction over
rights-of-way held or controlled by State or local governments)
to require that owners and operators of telecommunications
networks reserve capacity on such networks for public use.
(15) The least restrictive means to ensure that those
members of the public whose voices are most likely to be
excluded from telecommunications networks can access those
networks is to require those networks to reserve a portion of
their capacity for that access.
(16) It is in the public interest that reserved network
capacity for public use be accompanied by funding to facilitate
use of such capacity to provide noncommercial governmental,
educational, informational, cultural, civic, and charitable
services for the public.
SEC. 3. PUBLIC RIGHTS-OF-WAY.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.)
is amended by adding at the end the following new section:
``SEC. 714. PUBLIC RIGHTS-OF-WAY.
``(a) Definitions.--As used in this section:
``(1) The term `telecommunications network' means any group
of facilities that has been granted the right to occupy any
public right-of-way to transmit or carry telecommunications for
the public, and provides the consumer or end user the
opportunity to choose from a range of telecommunications that
are available contemporaneously to the public. A terrestrial
radio or television broadcast station licensed pursuant to
Title III shall not be considered a telecommunications network
by reason of its use of its assigned spectrum.
``(2) The term `public right-of-way' means any right-of-
way, including use of the electromagnetic spectrum, that is
held or otherwise controlled by Federal, State, or local
governments on behalf of the public, and is used in the
transmission or carriage of telecommunications.
``(3) The term `telecommunications' means communications of
any form transmitted or carried by any means, including analog
or digital electromagnetic signals.
``(b) Requirement for Reserved Capacity.--Within 365 days after the
date of enactment of this section, the Commission shall promulgate
regulations to require owners and operators of telecommunications
networks to reserve, for public uses, capacity on such networks for use
free-of-charge by eligible entities. The reserved capacity shall be
considered public property subject to disposition pursuant to
regulations promulgated by the Commission, and the owner or operator of
any affected telecommunications network shall have no control over, and
no liability for, the communications content of such capacity.
``(c) Reservation of Capacity.--
``(1) Amount of capacity to be reserved.--The Commission
shall presume that a reservation under this section of 20
percent of the capacity of a telecommunications network is
appropriate, but may require a reservation of a lower amount or
an amount to be phased-in not exceeding 20 percent, upon
consideration of the type of technology used by the network,
barriers to accessing the network, and such other factors as
the Commission considers appropriate. Telecommunications
networks shall not be required to reserve public capacity in
excess of that required under this paragraph.
``(2) Temporary reductions.--If the Commission determines
that any portion of the amount of public capacity that a
telecommunications network is required to reserve under this
section will go unused, the Commission may temporarily reduce
the reserved amount by such unused portion. During the period
when the reserved public capacity of a telecommunications
network is temporarily reduced, an eligible entity described in
subsection (d) may request use of any of the portion by which
such reserved capacity was reduced and the Commission shall,
within 30 days after the request, provide sufficient capacity
to meet the request.
``(3) Quality.--The quality of telecommunications capacity
reserved for public uses under this section shall be equivalent
to the best quality of available capacity of the affected
telecommunications network in all respects, including
accessibility, channel positioning, interconnection access
rights, network capabilities, and such other factors as the
Commission considers appropriate.
``(4) Reduction or elimination of obligations.--The
Commission may reduce or eliminate obligations upon a
telecommunications network imposed under this subsection, if
the Commission determines on the record after notice and
opportunity for comment, that, throughout its entire service
area, such network has clearly sufficient open architecture,
capacity, and nondiscriminatory access terms to ensure that
economic and technological barriers to access by eligible
entities describe in subsection (d) are eliminated.
``(5) Effect on franchise fee collection.--Nothing in this
section is intended to affect the power of any franchising
authority to collect a franchise fee authorized under section
622.
``(d) Allocation of Capacity.--
``(1) Eligible entities.--The following entities are the
entities eligible for access to the public capacity reserved
under this section:
``(A) State, local, and tribal governments and
their agencies.
``(B) Accredited educational institutions open to
enrollment by the public.
``(C) Public telecommunications entities.
``(D) Public and nonprofit libraries.
``(E) Nonprofit organizations described under
section 501(c)(3) of the Internal Revenue Code of 1986
that are formed for the purpose of providing
nondiscriminatory public access to noncommercial
educational, informational, cultural, civic, or
charitable services.
``(2) Terms and conditions of access.--Such eligible
entities shall have access to such public capacity at no charge
(for installation or service) if using such capacity only for
the provision of educational, informational, cultural, civic,
or charitable services directly to the public without charge
for such services. Telecommunications capacity allocated
pursuant to this section shall not be sold, resold, or
otherwise transferred in consideration for money or any other
thing of value.
``(3) Allocation.--The Commission shall determine
appropriate mechanisms and guidelines for allocating such
public capacity. In so doing, the Commission shall establish
block allocations to State, local, or tribal governments for
redistribution among eligible entities pursuant to
telecommunications plans submitted by State, local, or tribal
governments, and ensure that the intent of Congress, as
expressed in section 396(a), is served.
``(4) Transition.--The Commission, as telecommunications
network capacity expands, shall provide for a transition within
a reasonable period of time from requirements under sections
335, 611, and 615 to requirements under this section.
``(e) Public Telecommunications Infrastructure Fund.--
``(1) Establishment.--Within 365 days after the date of
enactment of this section, the Commission shall promulgate
regulations to establish a Public Telecommunications
Infrastructure Fund to provide eligible entities described in
subsection (d) with economic support to use the capacity
reserved on telecommunications networks under this section to
provide noncommercial governmental, educational, informational,
cultural, civil, and charitable services for the public. Such
regulations shall provide a mechanism for financing the Public
Telecommunications Infrastructure Fund by means of--
``(A) contributions, on a competitively neutral
basis, by owners and operators of telecommunications
networks (including those regulated under titles II,
III and VI, except that nothing in this subsection may
be construed as affecting the power of any franchising
authority to collect a franchise fee authorized under
section 622);
``(B) contributions from a designated portion of
any universal service fund, as may be established under
this Act;
``(C) contributions from such other sources as the
Commission may determine to be sufficient and
appropriate for such purposes; or
``(D) any combination of the contributions
described in subparagraphs (A), (B), and (C).
``(2) Content of regulations.--The regulations promulgated
under this subsection shall--
``(A) provide that contributions to the Public
Telecommunications Infrastructure Fund shall begin no
later than 365 days after promulgation of the
regulations;
``(B) determine appropriate mechanisms and
guidelines for allocating the funds collected pursuant
to this subsection to such State, local, or tribal
governments as the Commission considers appropriate;
``(C) establish guidelines for the distribution of
such funds by State, local, or tribal governments to
provide eligible entities described in subsection (d)
with sufficient economic support to use the network
capacity reserved under this section to provide
noncommercial governmental, educational, informational,
cultural, civic, and charitable services for the
public; and
``(D) require that each State, local, or tribal
government authorized to distribute funds pursuant to
subparagraph (C) establish a public advisory commission
that--
``(i) shall be composed of members
representing the interests of eligible entities
described in subsection (d); and
``(ii) shall ensure that the funds are
distributed to a broad cross section of
eligible entities in accordance with the
guidelines established pursuant to subparagraph
(C).''. | National Public Telecommunications Infrastructure Act of 1994 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to require owners and operators of telecommunications networks to reserve, for public uses, capacity on such networks for use free-of-charge by eligible entities. Considers the reserved capacity as public property subject to disposition. Provides that the owner or operator of any affected telecommunication network shall not have control over, or liability for, the communications content of such capacity.
Prohibits telecommunications networks from being required to reserve in excess of 20 percent of their capacity for public use. Allows the FCC to temporarily reduce such required reserved capacity by the unused portion.
Requires the quality of telecommunications capacity reserved for public uses to be equivalent to the best quality of available capacity of the affected telecommunications network.
Authorizes the FCC to reduce or eliminate such imposed obligations upon a telecommunications network that ensures that economic and technological barriers to access by eligible entities are eliminated.
Includes as eligible entities: (1) State, local, and tribal governments and their agencies; (2) accredited educational institutions open to enrollment by the public; (3) public telecommunications entities; (4) public and nonprofit libraries; and (5) nonprofit organizations that are formed to provide nondiscriminatory public access to noncommercial educational, informational, cultural, civic, or charitable services.
Specifies the terms and conditions of such access.
Directs the FCC to establish a Public Telecommunications Infrastruture Fund to provide eligible entities with economic support to use the capacity reserved on telecommunications networks to provide noncommercial governmental, educational, informational, cultural, civil, and charitable services for the public. | {"src": "billsum_train", "title": "National Public Telecommunications Infrastructure Act of 1994"} | 2,841 | 371 | 0.613487 | 1.92996 | 0.72769 | 4.630094 | 8.39185 | 0.943574 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Benefits Protection
and Restoration Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Initial Findings.--The Congress finds the following:
(1) Over the last 5 decades, billions of dollars in social
security taxes have been paid by American workers but have not
been credited to their social security earnings records. When
the Social Security Administration is not able to match
information on annual earnings reports to existing workers'
earnings records, the amount of such earnings reported are
credited by the Administration in a ``suspense file'' of
uncredited earnings.
(2) Largely due to the inflexible matching policy of the
Social Security Administration and an unacceptable number of
errors made by employers on annual earnings reports submitted
to the Administration, the suspense file has accumulated
approximately 200,000,000 individual earnings reports totaling
approximately $200,000,000,000 in earnings. These numbers
continue to grow.
(3) Because earnings are used to determine an individual's
eligibility and benefit amount, uncredited earnings can affect
social security benefit payments. Current beneficiaries have
lost, and continue to lose, benefits because of the failure of
the Social Security Administration to correctly credit their
earnings. This has the practical effect of denying millions of
hard-working Americans up to hundreds of dollars on their
monthly retirement or disability benefits.
(b) Further Findings.--The Congress further finds the following:
(1) Current and future retirees should receive the full
social security benefits to which they are entitled.
(2) The impact of uncredited earnings on social security
beneficiaries has not been adequately determined. An
examination of the practical effects of uncredited earnings on
individuals' benefits should be conducted, in order that
beneficiaries who are due higher benefits or retroactive
payments can be compensated accordingly.
(c) Purpose.--It is the purpose of this Act to ensure that the
Social Security Administration, together with the Secretary of the
Treasury, will take prompt action to--
(1) determine and implement an effective procedure to
reconcile the wage reports currently in the suspense file to
the rightful beneficiaries, and
(2) put in place a system that will prevent further
mismatches.
SEC. 3. STUDY.
(a) In General.--The Commissioner of Social Security and the
Secretary of the Treasury shall jointly undertake, as soon as
practicable after the date of the enactment of this Act, a thorough
study with respect to the inability of the Social Security
Administration to provide for American workers their full social
security benefits by reason of insufficiency of information held by the
Administration necessary for correctly identifying accounts for the
earnings of such workers.
(b) Matters To Be Studied.--The Commissioner and the Secretary, in
their study under this section, shall address, analyze, and report
specifically on the following matters:
(1) the extent of, and the reasons for, the inability of
the Social Security Administration to maintain accurate and
current records of every worker's annual earnings sufficient
for determining eligibility for, and the correct amount of,
monthly insurance benefits under title II of the Social
Security Act,
(2) proposals for an effective procedure for eliminating
the current backlog of uncredited earnings in the suspense file
maintained by the Social Security Administration,
(3) proposals for an effective procedure for resolving new
discrepancies which would result in new uncredited earnings,
and
(4) any additional resources which the Social Security
Administration would require to carry out effective procedures
described in paragraphs (2) and (3).
SEC. 4. REMEDIAL MEASURES.
Pursuant to the study carried out under section 3, the Commissioner
of Social Security and the Secretary of the Treasury shall promptly--
(1) devise and implement a procedure for eliminating, in
accordance with an established time-phased schedule, the
backlog of uncredited earnings currently contained in the
suspense file maintained by the Administration, and
(2) devise and implement a procedure for resolving new
discrepancies which would prevent the addition of future
uncredited earnings in the suspense file.
SEC. 5. REPORT.
The Commissioner of Social Security and the Secretary of the
Treasury shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate, not
later than 180 days after the date of the enactment of this Act, a
report of the findings of the study conducted under section 3 and the
progress made in meeting the requirements of section 4. Such report
shall include any recommendations for further legislative action the
Commissioner and the Secretary consider appropriate. | Social Security Benefits Protection and Restoration Act of 1997 - Directs the Commissioner of Social Security and the Secretary of the Treasury to: (1) study jointly and report to the Congress on the inability of the Social Security Administration to provide American workers with their full social security benefits because of insufficient information necessary to identify account earnings information correctly for such workers at the Administration; (2) take appropriate remedial measures, including devising and implementing a procedure for eliminating backlogged uncredited earnings filed with the Administration. Requires a progress report to the Congress on implementation of such measures, along with any recommendations for appropriate legislative action. | {"src": "billsum_train", "title": "Social Security Benefits Protection and Restoration Act of 1997"} | 963 | 128 | 0.538927 | 1.533158 | 0.675248 | 2.661017 | 7.949153 | 0.864407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Individual Investment Account Act of
1991''.
SEC. 2. ESTABLISHMENT OF INDIVIDUAL INVESTMENT ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 220 as
section 221 and by inserting after section 219 the following new
section:
``SEC. 220. INDIVIDUAL INVESTMENT ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction an amount equal to the aggregate amount paid
in cash for the taxable year by such individual to an individual
investment account established for the benefit of such individual.
``(b) Limitation.--The amount allowable as a deduction under
subsection (a) to any individual for any taxable year shall not exceed
$2,500.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Individual investment account.--The term `individual
investment account' means a trust created or organized in the
United States for the exclusive benefit of an individual, but
only if the written governing instrument creating the trust
meets the following requirements:
``(A) No contribution will be accepted unless it is
in cash.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
that person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts or in any collectible (as
defined in section 408(m)).
``(D) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Time when contributions deemed made.--A taxpayer
shall be deemed to have made a contribution on the last day of
a taxable year if the contribution is made on account of such
taxable year and is made not later than the time prescribed by
law for filing the return for such taxable year (not including
extensions thereof).
``(d) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount distributed out of an individual
investment account shall be included in gross income by the
distributee unless--
``(A) such amount is treated as a distribution of a
contribution to such account for which no deduction was
allowed under this section, or
``(B) such amount is part of a qualified 1st-time
homebuyer distribution.
``(2) Ordering rules.--Distributions (other than qualified
1st-time homebuyer distributions) from an individual investment
account shall be treated as made--
``(A) first from contributions to such account for
which no deduction was allowed under this section; and
``(B) then from other amounts.
Any qualified 1st-time homebuyer distribution shall be treated
as made first from amounts referred to in subparagraph (B) and
then from amounts referred to in subparagraph (A).
``(3) Qualified 1st-time homebuyer distribution.--For
purposes of this subsection--
``(A) In general.--The term `qualified 1st-time
homebuyer distribution' means any payment or
distribution received by a 1st-time homebuyer from an
individual investment account to the extent such
payment or distribution is used by the individual
within 60 days to pay qualified acquisition costs with
respect to a principal residence for such individual.
``(B) Dollar limitation.--The aggregate amount
which may be treated as qualified 1st-time homebuyer
distributions for all taxable years shall not exceed
$15,000.
``(C) Basis reduction.--The basis of any principal
residence described in subparagraph (A) shall be
reduced by the amount of any qualified 1st-time
homebuyer distribution which would be includible in
gross income if the last sentence of paragraph (2)(B)
did not apply.
``(D) Definitions.--For purposes of this
paragraph--
``(i) Qualified acquisition costs.--The
term `qualified acquisition costs' means the
costs of acquiring, constructing, or
reconstructing a residence. Such term includes
any usual or reasonable settlement, financing,
or other closing costs.
``(ii) 1st-time homebuyer.--The term `1st-
time homebuyer' means any individual if such
individual had no present ownership interest in
a principal residence during the 3-year period
ending on the date of acquisition of the
principal residence to which this paragraph
applies.
``(iii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(4) Transfer of account incident to divorce.--The
transfer of an individual's interest in an individual
investment account to his former spouse under a divorce decree
or under a written instrument incident to a divorce shall not
be considered a taxable transfer made by such individual
notwithstanding any other provision of this subtitle, and such
interest at the time of the transfer shall be treated as an
individual investment account of such spouse and not of such
individual. Thereafter such account shall be treated, for
purposes of this subtitle, as maintained for the benefit of
such spouse.
``(e) Tax Treatment of Accounts.--
``(1) Exemption from tax.--An individual investment account
shall be exempt from taxation under this subtitle unless such
account has ceased to be such an account by reason of paragraph
(2). Notwithstanding the preceding sentence, any such account
shall be subject to the taxes imposed by section 511 (relating
to imposition of tax on unrelated business income of
charitable, etc. organizations).
``(2) Loss of exemption of account where individual engages
in prohibited transaction.--
``(A) In general.--If, during any taxable year of
the individual for whose benefit the individual
investment account is established, that individual
engages in any transaction prohibited by section 4975
with respect to the account, the account shall cease to
be an individual investment account as of the first day
of that taxable year.
``(B) Account treated as distributing all its
assets.--In any case in which any account ceases to be
an individual investment account by reason of
subparagraph (A) on the first day of any taxable year,
paragraph (1) of subsection (d) shall be applied as if
there were a distribution on such first day in an
amount equal to the fair market value (on such first
day) of all assets in the account (on such first day).
``(3) Effect of pledging account as security.--If, during
any taxable year, an individual for whose benefit an individual
investment account is established uses the account or any
portion thereof as security for a loan, the portion so used
shall be treated as distributed to that individual.
``(4) Rollover contributions.--Paragraph (1) shall not
apply to any amount paid or distributed out of an individual
investment account to the individual for whose benefit the
account is maintained if such amount is paid into another
individual investment account for the benefit of such
individual not later than the 60th day after the day on which
he receives the payment or distribution.
``(f) Cost-of-Living Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 1992, each of the dollar
amounts contained in subsections (b) and (d)(3)(B) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, by substituting `1991' for
`1989' in subparagraph (B) thereof.
``(2) Rounding.--If any dollar amount (as increased under
paragraph (1)) is not a multiple of $10, such dollar amount
shall be increased to nearest multiple of $10 (or, if such
dollar amount is a multiple of $5 and not of $10, such dollar
amount shall be increased to next higher multiple of $10).
``(g) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if the assets of such
account are held by a bank (as defined in section 408(n)) or another
person who demonstrates, to the satisfaction of the Secretary, that the
manner in which he will administer the account will be consistent with
the requirements of this section, and if the custodial account would,
except for the fact that it is not a trust, constitute an individual
investment account described in subsection (c). For purposes of this
title, in the case of a custodial account treated as a trust by reason
of the preceding sentence, the custodian of such account shall be
treated as the trustee thereof.
``(h) Reports.--The trustee of an individual investment account
shall make such reports regarding such account to the Secretary and to
the individual for whose benefit the account is maintained with respect
to contributions, distributions, and such other matters as the
Secretary may require under regulations. The reports required by this
subsection shall be filed at such time and in such manner and furnished
to such individuals at such time and in such manner as may be required
by those regulations.''.
(b) Deduction Allowed in Arriving at Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (defining adjusted gross
income) is amended by adding at the end thereof the following new
paragraph:
``(14) Individual investment account contributions.--The
deduction allowed by section 220 (relating to individual
investment accounts).''.
(c) Nonrecognition of Gain on Sale of Principal Residence Where
Amount Equal to Otherwise Taxable Gain Deposited Into Individual
Investment Account.--Part III of subchapter B of chapter 1 of such Code
is amended by inserting after section 121 the following new section:
``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE IF
REINVESTMENT IN INDIVIDUAL INVESTMENT ACCOUNT.
``(a) General Rule.--Gross income does not include gain from the
sale or exchange of property if, during the 5-year period ending on the
date of the sale or exchange, such property has been owned and used by
the taxpayer as his principal residence for periods aggregating 3 years
or more.
``(b) Limitation.--The amount of gain excluded from gross income
under subsection (a) shall not exceed the amount paid in cash (during
the 1-year period beginning on the date of the sale or exchange) to an
individual investment account (as defined in section 220(c))
established for the benefit of the taxpayer or his spouse.
``(c) Certain Rules On Ownership and Use To Apply.--Rules similar
to the rules of section 121(d) shall apply for purposes of determining
ownership and use under this section.''.
(d) Tax on Prohibited Transactions.--Section 4975 of such Code
(relating to prohibited transactions) is amended--
(1) by adding at the end of subsection (c) the following
new paragraph:
``(4) Special rule for individual investment accounts.--An
individual for whose benefit an individual investment account
is established shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if, with
respect to such transaction, the account ceases to be an
individual investment account by reason of the application of
section 220(e)(2)(A) to such account.''; and
(2) by inserting ``or an individual investment account
described in section 220(c)'' in subsection (e)(1) after
``described in section 408(a)''.
(e) Failure To Provide Reports on Individual Investment Accounts.--
Section 6693 of such Code (relating to failure to provide reports on
individual retirement account or annuities) is amended--
(1) by inserting ``or on individual investment accounts''
after ``annuities'' in the heading of such section; and
(2) by adding at the end of subsection (a) the following:
``The person required by section 220(h) to file a report
regarding an individual investment account at the time and in
the manner required by such section shall pay a penalty of $50
for each failure unless it is shown that such failure is due to
reasonable cause.''.
(f) Adjustment of Basis of Residence Acquired Through Use of
Account.--Subsection (a) of section 1016 of such Code is amended by
striking ``and'' at the end of paragraph (23), by striking the period
at the end of paragraph (24) and inserting ``; and'', and by adding at
the end thereof the following new paragraph:
``(25) to the extent provided in section 220(d)(3)(C), in
the case of a residence the acquisition of which was made in
whole or in part with funds from an individual investment
account.''.
(g) Clerical Amendments.--
(1) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 121 the following new item:
``Sec. 121A. Exclusion of gain from sale of principal residence if
reinvestment in individual investment
account.''.
(2) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 220 and inserting the following:
``Sec. 220. Individual investment accounts.
``Sec. 221. Cross reference.''.
(3) The table of sections for subchapter B of chapter 68 of
such Code is amended by striking the item relating to section
6693 and inserting the following:
``Sec. 6693. Failure to provide reports on individual retirement
accounts or annuities or on individual
investment accounts.''.
(h) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1991. | Individual Investment Account Act of 1991 - Amends the Internal Revenue Code to allow a deduction for amounts contributed to individual investment accounts, limited to $2,500. Allows tax-free distributions, limited to $15,000 for all taxable years, from such accounts for use in the purchase of a principal residence by a first-time homebuyer. Makes such accounts tax-exempt unless the individual engages in prohibited transactions. Adjusts dollar limitations under this Act for inflation. Allows such deduction in determining adjusted gross income.
Excludes from gross income gain from the sale or exchange of property if, during the five-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as a principal residence for periods aggregating three years or more. Limits such exclusion to the amount paid to an individual investment account during the one-year period beginning on the date of the sale or exchange.
Provides for adjusting the basis of a residence acquired through the use of an individual investment account. | {"src": "billsum_train", "title": "Individual Investment Account Act of 1991"} | 3,241 | 223 | 0.541708 | 1.47054 | 0.732839 | 3.865 | 14.59 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teen Pregnancy Prevention,
Responsibility, and Opportunity Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The United States has the highest teen-pregnancy rate
and teen birth rate in the western industrialized world,
costing the United States at least $7 billion annually.
(2) About one out of three of all young women in America
become pregnant before they reach the age of 20.
(3) Teen pregnancy has serious consequences for young
women, their children, and communities as a whole. Too-early
childbearing increases the likelihood that a young woman will
drop out of high school and that she and her child will live in
poverty.
(4) Statistically, the sons of teen mothers are more likely
to end up in prison. The daughters of teen mothers are more
likely to end up teen mothers too.
(5) Teens that grow up in disadvantaged economical, social,
and familial circumstances are more likely to engage in risky
behavior and have a child during adolescence.
(6) Teens with strong emotional attachments to their
parents are more likely to become sexually active at a later
age. Seven out of ten teens say that they are prepared to
listen to things parents thought they were not ready to hear.
(7) 78 percent of white and 70 percent of African American
teenagers report that lack of communication between a teenage
girl and her parents is frequently a reason a teenage girl has
a baby.
(8) One study found that the likelihood of teens having sex
for the first time increased with the number of unsupervised
hours teens have during a week.
(9) After-school programs reduce teen risky behavior by
involving teens in activities that provide alternatives to sex.
Teenage girls who play sports, for instance, are more likely to
delay sex and have fewer partners and less likely to become
pregnant.
(10) After-school programs help prevent teen pregnancy by
advancing good decision-making skills and providing teens
health education and positive role models in a supervised
setting.
(11) Eight in 10 girls and six in 10 boys report that they
wish they had waited until they were older to have sex.
SEC. 3. EDUCATION PROGRAM FOR PREVENTING TEEN PREGNANCIES.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') may make grants to local
educational agencies, State and local public health agencies, and
nonprofit private entities for the purpose of carrying out projects to
provide education on preventing teen pregnancies.
(b) Preference in Making Grants.--In making grants under subsection
(a), the Secretary shall give preference to applicants that will carry
out the projects under such subsection in communities for which the
rate of teen pregnancy is significantly above the average rate of such
pregnancies.
(c) Certain Requirements.--A grant may be made under subsection (a)
only if the applicant for the grant meets the following conditions with
respect to the project involved:
(1) The applicant agrees that information provided by the
project on pregnancy prevention will be age-appropriate,
factually and medically accurate and complete, and
scientifically-based.
(2) The applicant agrees that the project will give
priority to preventing teen pregnancies by--
(A) encouraging teens to delay sexual activity;
(B) providing educational services and
interventions for sexually active teens or teens at
risk of becoming sexually active;
(C) educating both young men and women about the
responsibilities and pressures that come along with
parenting;
(D) helping parents communicate with teens about
sexuality; or
(E) teaching young people responsible decision-
making.
(d) Matching Funds.--
(1) In general.--With respect to the costs of the project
to be carried out under subsection (a) by an applicant, a grant
may be made under such subsection only if the applicant agrees
to make available (directly or through donations from public or
private entities) non-Federal contributions toward such costs
in an amount that is not less than 25 percent of such costs ($1
for each $3 of Federal funds provided in the grant).
(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(e) Maintenance of Effort.--With respect to the activities for
which a grant under subsection (a) is authorized to be expended, such a
grant may be made for a fiscal year only if the applicant involved
agrees to maintain expenditures of non-Federal amounts for such
activities at a level that is not less than the level of such
expenditures maintained by the entity for the fiscal year preceding the
first fiscal year for which the entity received such a grant.
(f) Evaluation of Projects.--The Secretary shall establish criteria
for the evaluation of projects under subsection (a). A grant may be
made under such subsection only if the applicant involved--
(1) agrees to conduct evaluations of the project in
accordance with such criteria;
(2) agrees to submit to the Secretary such reports
describing the results of the evaluations as the Secretary
determines to be appropriate; and
(3) submits to the Secretary, in the application under
subsection (g), a plan for conducting the evaluations.
(g) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information, including the
agreements under subsections (c) through (f) and the plan under
subsection (f)(3), as the Secretary determines to be necessary to carry
out this section.
(h) Report to Congress.--Not later than October 1, 2011, the
Secretary shall submit to the Congress a report describing the extent
to which projects under subsection (a) have been successful in reducing
the rate of teen pregnancies in the communities in which the projects
have been carried out.
(i) Definitions.--For purposes of this section:
(1) The term ``age-appropriate'', with respect to
information on pregnancy prevention, means topics, messages,
and teaching methods suitable to particular ages or age groups
of children and adolescents, based on developing cognitive,
emotional, and behavioral capacity typical for the age or age
group.
(2) The term ``factually and medically accurate and
complete'' means verified or supported by the weight of
research conducted in compliance with accepted scientific
methods and--
(A) published in peer-reviewed journals, where
applicable; or
(B) comprising information that leading
professional organizations and agencies with relevant
expertise in the field recognize as accurate,
objective, and complete.
(3) The term ``local educational agency'' has the meaning
given such term in section 9101 of the Elementary and Secondary
Education Act of 1965.
(j) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $20,000,000
for each of the fiscal years 2006 through 2010.
SEC. 4. REAUTHORIZATION OF CERTAIN AFTER-SCHOOL PROGRAMS.
(a) 21st Century Community Learning Centers.--Section 4206 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7176) is
amended--
(1) in paragraph (5), by striking ``$2,250,000,000'' and
inserting ``$2,500,000,000''; and
(2) in paragraph (6), by striking ``$2,500,000,000'' and
inserting ``$2,750,000,000''.
(b) Carol M. White Physical Education Program.--Section 5401 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241) is
amended--
(1) by striking ``There are'' and inserting ``(a) In
General.--There are''; and
(2) by adding at the end the following:
``(b) Physical Education.--In addition to the amounts authorized to
be appropriated by subsection (a), there are authorized to be
appropriated $73,000,000 for each of fiscal years 2006 and 2007 to
carry out subpart 10.''.
(c) Federal TRIO Programs.--Section 402A(f) of the Higher Education
Act of 1965 (20 U.S.C. 1070a-11(f)) is amended by striking
``$700,000,000 for fiscal year 1999, and such sums as may be necessary
for each of the 4 succeeding fiscal years'' and inserting
``$883,000,000 for fiscal year 2006 and such sums as may be necessary
for each of the 5 succeeding fiscal years''.
(d) GEARUP.--Section 404H of the Higher Education Act of 1965 (20
U.S.C. 1070a-28) is amended by striking ``$200,000,000 for fiscal year
1999 and such sums as may be necessary for each of the 4 succeeding
fiscal years'' and inserting ``$325,000,000 for fiscal year 2006 and
such sums as may be necessary for each of the 5 succeeding fiscal
years''.
SEC. 5. DEMONSTRATION GRANTS TO ENCOURAGE CREATIVE APPROACHES TO TEEN
PREGNANCY PREVENTION AND AFTER-SCHOOL PROGRAMS.
(a) In General.--The Secretary may make grants to public or
nonprofit private entities for the purpose of assisting the entities in
demonstrating innovative approaches to prevent teen pregnancies.
(b) Certain Approaches.--Approaches under subsection (a) may
include approaches such as the following:
(1) Encouraging teen-driven approaches to pregnancy
prevention.
(2) Exposing teens to realistic simulations of the
physical, emotional, and financial toll of pregnancy and
parenting.
(3) Facilitating communication between parents and
children, especially programs that have been evaluated and
proven effective.
(c) Matching Funds.--
(1) In general.--With respect to the costs of the project
to be carried out under subsection (a) by an applicant, a grant
may be made under such subsection only if the applicant agrees
to make available (directly or through donations from public or
private entities) non-Federal contributions toward such costs
in an amount that is not less than 25 percent of such costs ($1
for each $3 of Federal funds provided in the grant).
(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(d) Evaluation of Projects.--The Secretary shall establish criteria
for the evaluation of projects under subsection (a). A grant may be
made under such subsection only if the applicant involved--
(1) agrees to conduct evaluations of the project in
accordance with such criteria;
(2) agrees to submit to the Secretary such reports
describing the results of the evaluations as the Secretary
determines to be appropriate; and
(3) submits to the Secretary, in the application under
subsection (e), a plan for conducting the evaluations.
(e) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information, including the
agreements under subsections (c) and (d) and the plan under subsection
(d)(3), as the Secretary determines to be necessary to carry out this
section.
(f) Report to Congress.--Not later than October 1, 2011, the
Secretary shall submit to the Congress a report describing the extent
to which projects under subsection (a) have been successful in reducing
the rate of teen pregnancies in the communities in which the projects
have been carried out. Such reports shall describe the various
approaches used under subsection (a) and the effectiveness of each of
the approaches.
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $5,000,000 for
each of the fiscal years 2006 through 2010. | Teen Pregnancy Prevention, Responsibility, and Opportunity Act of 2005 - Authorizes the Secretary of Health and Human Services to make grants to: (1) local educational agencies, state and local public health agencies, and nonprofit private entities for projects to provide education on preventing teen pregnancies; and (2) public or nonprofit private entities for demonstrating innovative approaches to prevent teen pregnancies.
Reauthorizes appropriations for: (1) 21st Century Community Learning Centers and the Carol M. White physical education program, under the Elementary and Secondary Education Act of 1965; and (2) TRIO programs and GEARUP, under the Higher Education Act of 1965. | {"src": "billsum_train", "title": "To authorize grants to carry out projects to provide education on preventing teen pregnancies, and for other purposes."} | 2,760 | 139 | 0.531272 | 1.550184 | 0.590174 | 4.308333 | 21.2 | 0.958333 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Helping to
Encourage Real Opportunity for Veterans Transitioning from Battlespace
to Workplace Act of 2014'' or the ``HERO Transition from Battlespace to
Workplace Act of 2014''.
(b) Findings.--Congress finds the following:
(1) The majority of men and women transitioning from the
Armed Services to the civilian sector have experienced
difficulty in making the transition and regard their greatest
challenge to be finding a job that is meaningful to them even
though nearly 90 percent of them believe they have the general
skills needed to land their ideal job such as problem solving,
leadership, ethics, and time management and most believe they
possess specific marketable skills, such as information
technology, health care, mechanical, and aviation.
(2) Among the biggest challenges veterans face in securing
suitable employment in the civilian sector are: overcoming the
difficulty in translating to employers the value of the skills
they learned in the military; competing with candidates who
have been in the workforce longer; the perceived reluctance of
employers to hire due to concerns about multiple deployments or
military training and time commitments of the Reserve
Component; and fears of dealing with veterans' disabilities.
(3) Studies have shown that more than 80 percent of
veterans transitioning from military service to the civilian
sector regard employer-provided veteran support programs as
``critical'' or ``important'' to their success and believe it
is important for employers to provide flexible leave for the
health issues they face.
SEC. 2. TAX CREDIT FOR MILITARY RELATIONS MANAGERS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45S. MILITARY RELATIONS MANAGER.
``(a) Allowance of Credit.--For purposes of section 38, in the case
of an employer, the military relations manager tax credit determined
under this section for a taxable year is an amount equal to $1,000
multiplied by the number of veterans--
``(1) who begin work for the employer in the taxable year
or preceding taxable year of the employer, and
``(2) with respect to whom a qualified military relations
manager is exercising the duties described in section
4303(17)(B) of title 38, United States Code.
``(b) Limitations.--
``(1) Maximum number of veterans per military relations
manager.--Not more than 25 veterans hired in a taxable year may
be taken into account under subsection (a) for each qualified
military relations manager.
``(2) Minimum service with employer.--A veteran may not be
taken into account for purposes of subsection (a) until the
veteran has provided continuous service for the employer for
the 8-month period beginning on the day the veteran first
begins work with the employer and with respect to whom the
qualified military relations manager is exercising the duties
described in section 4303(17)(B) of title 38, United States
Code.
``(c) Definitions.--For purposes of this section--
``(1) Qualified military relations manager.--For purposes
of this section, the term `qualified military relations
manager' means, with respect to an employer, a military
relations manager with the qualities described in section
4303(17)(A) of title 38, United States Code, who has been
designated by the taxpayer to participate in the hiring process
and who carries out the duties described in section 4303(17)(B)
of such Code.
``(2) Veteran.--The term `veteran' has the meaning given
such term by section 101(2) of title 38, United States Code.
``(d) Aggregation Rule for Employer.--All persons treated as a
single employer for purposes of subsection (a) or (b) of section 52
shall be treated as one person for purposes of this section.
``(e) Regulations.--The Secretary shall prescribe such regulations
or other guidance as the Secretary determines necessary or appropriate
to carry out this section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(37) the military relations manager tax credit determined
under section 45S(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Military Relations Manager.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. HIRING OF VETERANS.
(a) Improvements to USERRA.--
(1) Reasonable efforts of employer.--Section 4303 of title
38, United States Code, is amended--
(A) in paragraph (10), by inserting before the
period at the end the following: ``, and may include
designating an employee as a military relations manager
and using the military skills translator database'';
and
(B) by adding at the end the following new
paragraphs:
``(17) The term `military relations manager' means an
individual employed by an employer--
``(A) who is an expert in--
``(i) the process of transitioning from
being a member of the Armed Forces to being a
civilian; and
``(ii) translating the skills, experience,
and training gained in the Armed Forces to
skills, experience, and training needed in the
private sector; and
``(B) whose duties include--
``(i) acting as a liaison between the
employer and individuals covered under this
chapter;
``(ii) assisting the human resources
personnel of the employer in evaluating
individuals covered under this chapter seeking
employment with the employer, including by
using the military skills translator database;
and
``(iii) serving as a mentor to individuals
covered under this chapter who are employees of
the employer.
``(18) The term `military skills translator database' means
the database that the Secretary of Veterans Affairs maintains
on a public Internet website to assist veterans explain how
skills, experience, and training gained in the Armed Forces
relates to civilian skills, experiences, and training.''.
(2) Compliance.--Section 4322(d) of title 38, United States
Code, is amended by adding after the period at the end the
following new sentence: ``Such compliance may include the
employer designating an employee to act as a military relations
manager and using the military skills translator database
maintained by the Secretary of Veterans Affairs when assessing
a person for initial employment.''.
(b) Military Skills Translator Database.--The Secretary of Veterans
Affairs shall--
(1) ensure that the military skills translator database (as
defined by section 4303(18) of title 38, United States Code, as
added by subsection (a)(1)(B)) may be used by civilian
employers to better understand the skills, experience, and
training of a veteran who seeks employment with the employer;
and
(2) conduct outreach to inform civilian employers of such
database. | Helping to Encourage Real Opportunity for Veterans Transitioning from Battlespace to Workplace Act of 2014 or the HERO Transition from Battlespace to Workplace Act of 2014 - Amends the Internal Revenue Code to allow employers a business-related tax credit for $1,000 times the number of veterans (not more than 25 in a taxable year) who begin work resulting from the efforts of a military relations manager. Deems as a reasonable effort of an employer to employ veterans, for purposes of veteran employment and reemployment programs, the designation of an employee as a military relations manager and the use of the military skills translator database (database for assisting veterans in relating military skills, experience, and training to civilian skills, experience, and training). Defines "military relations manager" as an expert in the process of transitioning from being a member of the Armed Forces to being a civilian and in translating the skills, experience, and training gained in the Armed Forces to skills, experience, and training needed in the private sector. Directs the Secretary of Veterans Affairs (VA) to ensure that the military skills translator database may be used by civilian employers and conduct outreach to inform civilian employers of such database. | {"src": "billsum_train", "title": "HERO Transition from Battlespace to Workplace Act of 2014"} | 1,661 | 261 | 0.560927 | 1.848914 | 0.792982 | 4.075556 | 6.826667 | 0.928889 |
SECTION 1. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS
AND TRAP AND TRACE DEVICES.
(a) General Limitation on Use by Governmental Agencies.--Section
3121(c) of title 18, United States Code, is amended--
(1) by inserting ``or trap and trace device'' after ``pen
register'';
(2) by inserting ``, routing, addressing,'' after
``dialing''; and
(3) by striking ``call processing'' and inserting ``the
processing and transmitting of wire and electronic
communications''.
(b) Issuance of Orders.--
(1) In general.--Subsection (a) of section 3123 of that
title is amended to read as follows:
``(a) In General.--(1) Upon an application made under section
3122(a)(1) of this title, the court shall enter an ex parte order
authorizing the installation and use of a pen register or trap and
trace device if the court finds that the attorney for the Government
has certified to the court that the information likely to be obtained
by such installation and use is relevant to an ongoing criminal
investigation. The order shall, upon service of the order, apply to any
entity providing wire or electronic communication service in the United
States whose assistance is required to effectuate the order.
``(2) Upon an application made under section 3122(a)(2) of this
title, the court shall enter an ex parte order authorizing the
installation and use of a pen register or trap and trace device within
the jurisdiction of the court if the court finds that the State law
enforcement or investigative officer has certified to the court that
the information likely to be obtained by such installation and use is
relevant to an ongoing criminal investigation.''.
(2) Contents of order.--Subsection (b)(1) of that section
is amended--
(A) in subparagraph (A)--
(i) by inserting ``or other facility''
after ``telephone line''; and
(ii) by inserting before the semicolon at
the end ``or applied''; and
(B) by striking subparagraph (C) and inserting the
following new subparagraph (C):
``(C) a description of the communications to which
the order applies, including the number or other
identifier and, if known, the location of the telephone
line or other facility to which the pen register or
trap and trace device is to be attached or applied,
and, in the case of an order authorizing installation
and use of a trap and trace device under subsection
(a)(2), the geographic limits of the order; and''.
(3) Nondisclosure requirements.--Subsection (d)(2) of that
section is amended--
(A) by inserting ``or other facility'' after ``the
line''; and
(B) by striking ``or who has been ordered by the
court'' and inserting ``or applied or who is obligated
by the order''.
(c) Emergency Installation.--Section 3125(a)(1) of that title is
amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the comma at the end
and inserting a semicolon; and
(3) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) immediate threat to the national security
interests of the United States;
``(D) immediate threat to public health or safety;
or
``(E) an attack on the integrity or availability of
a protected computer which attack would be an offense
punishable under section 1030(c)(2)(C) of this
title,''.
(d) Definitions.--
(1) Court of competent jurisdiction.--Paragraph (2) of
section 3127 of that title is amended by striking subparagraph
(A) and inserting the following new subparagraph (A):
``(A) any district court of the United States
(including a magistrate judge of such a court) or any
United States Court of Appeals having jurisdiction over
the offense being investigated; or''.
(2) Pen register.--Paragraph (3) of that section is
amended--
(A) by striking ``electronic or other impulses''
and all that follows through ``is attached'' and
inserting ``dialing, routing, addressing, or signalling
information transmitted by an instrument or facility
from which a wire or electronic communication is
transmitted''; and
(B) by inserting ``or process'' after ``device''
each place it appears.
(3) Trap and trace device.--Paragraph (4) of that section
is amended--
(A) by inserting ``or process'' after ``a device'';
and
(B) by striking ``of an instrument'' and all that
follows through the end and inserting ``or other
dialing, routing, addressing, and signalling
information relevant to identifying the source of a
wire or electronic communication;''.
SEC. 2. MODIFICATION OF PROVISIONS RELATING TO FRAUD AND RELATED
ACTIVITY IN CONNECTION WITH COMPUTERS.
(a) Penalties.--Subsection (c) of section 1030 of title 18, United
States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``except as provided in
subparagraphs (B) and (C),'' before ``a fine'';
(ii) by striking ``(a)(5)(C),'' and
inserting ``(a)(5),''; and
(iii) by striking ``and'' at the end;
(B) in subparagraph (B)--
(i) by inserting ``or an attempt to commit
an offense punishable under this
subparagraph,'' after ``subsection (a)(2),'' in
the matter preceding clause (i); and
(ii) by adding ``and'' at the end; and
(C) by striking subparagraph (C) and inserting the
following new subparagraph (C):
``(C) a fine under this title or imprisonment for not more
than 10 years, or both, in the case of an offense under
subsection (a)(5)(A) or (a)(5)(B), or an attempt to commit an
offense punishable under this subparagraph, if the offense
caused (or, in the case of an attempted offense, would, if
completed, have caused)--
``(i) loss to one or more persons during any one-
year period (including loss resulting from a related
course of conduct affecting one or more other protected
computers) aggregating at least $5,000 in value;
``(ii) the modification or impairment, or potential
modification or impairment, of the medical examination,
diagnosis, treatment, or care of one or more
individuals;
``(iii) physical injury to any person;
``(iv) a threat to public health or safety; or
``(v) damage affecting a computer system used by or
for a government entity in furtherance of the
administration of justice, national defense, or
national security; and'';
(2) by redesignating subparagraph (B) of paragraph (3) as
paragraph (4);
(3) in paragraph (3)--
(A) by striking ``(A)'' at the beginning; and
(B) by striking ``, (a)(5)(A), (a)(5)(B),''; and
(4) in paragraph (4), as designated by paragraph (2) of
this subsection, by striking ``(a)(4), (a)(5)(A), (a)(5)(B),
(a)(5)(C),'' and inserting ``(a)(2), (a)(3), (a)(4), (a)(6),''.
(b) Definitions.--Subsection (e) of that section is amended--
(1) in paragraph (2)(B), by inserting ``, including a
computer located outside the United States'' before the
semicolon;
(2) in paragraph (7), by striking ``and'' at the end;
(3) by striking paragraph (8) and inserting the following
new paragraph (8):
``(8) the term `damage' means any impairment to the
integrity or availability of data, a program, a system, or
information;'';
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraphs:
``(10) the term `conviction' shall include an adjudication
of juvenile delinquency for a violation of this section; and
``(11) the term `loss' means any reasonable cost to any
victim, including the cost of responding to an offense,
conducting a damage assessment, and restoring the data,
program, system, or information to its condition prior to the
offense, and any revenue lost or cost incurred because of
interruption of service.''.
(c) Damages in Civil Actions.--Subsection (g) of that section is
amended in the second sentence by striking ``involving damage'' and all
that follows through the period and inserting ``of subsection (a)(5)
shall be limited to loss unless such action includes one of the
elements set forth in clauses (ii) through (v) of subsection
(c)(2)(C).''.
(d) Criminal Forfeiture.--That section is further amended by adding
at the end the following new subsection:
``(i)(1) The court, in imposing sentence on any person convicted of
a violation of this section, shall order, in addition to any other
sentence imposed and irrespective of any provision of State law, that
such person forfeit to the United States--
``(A) the interest of such person in any property, whether
real or personal, that was used or intended to be used to
commit or to facilitate the commission of such violation; and
``(B) any property, whether real or personal, constituting
or derived from any proceeds that such person obtained, whether
directly or indirectly, as a result of such violation.
``(2) The criminal forfeiture of property under this subsection,
any seizure and disposition thereof, and any administrative or judicial
proceeding relating thereto, shall be governed by the provisions of
section 413 of the Controlled Substances Act (21 U.S.C. 853), except
subsection (d) of that section.''.
(e) Civil Forfeiture.--That section, as amended by subsection (d)
of this section, is further amended by adding at the end the following
new subsection:
``(j)(1) The following shall be subject to forfeiture to the United
States, and no property right shall exist in them:
``(A) Any property, whether real or personal, that is used
or intended to be used to commit or to facilitate the
commission of any violation of this section.
``(B) Any property, whether real or personal, that
constitutes or is derived from proceeds traceable to any
violation of this section.
``(2) The provisions of chapter 46 of this title relating to civil
forfeiture shall apply to any seizure or civil forfeiture under this
subsection.''.
SEC. 3. JUVENILE DELINQUENCY.
Clause (3) of the first paragraph of section 5032 of title 18,
United States Code, is amended--
(1) by striking ``or'' before ``section 1002(a)'';
(2) by striking ``or'' before ``section 924(b)''; and
(3) by inserting after ``or (h) of this title,'' the
following: ``or section 1030(a)(1), (a)(2)(B), or (a)(3) of
this title, or is a felony violation of section 1030(a)(5) of
this title where such violation of such section 1030(a)(5) is
punishable under clauses (ii) through (v) of section
1030(c)(5)(C) of this title,''.
SEC. 4. AMENDMENT TO SENTENCING GUIDELINES.
Section 805(c) of the Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104-132; 28 U.S.C. 994 note) is amended by striking
``paragraph (4) or (5)'' and inserting ``paragraph (4) or a felony
violation of paragraph (5)(A)''. | Directs the court, upon application made by: (1) an attorney for the Government, to enter an ex parte order authorizing the installation and use of a pen register or trap and trace device if it finds that such attorney has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation (the order shall, upon service, apply to any entity providing wire or electronic communication service in the United States whose assistance is required to effectuate the order); and (2) a State investigative or law enforcement officer (unless prohibited by State law), to enter an ex parte order authorizing the installation and use of such register or device within the court's jurisdiction if it finds that the officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
Requires the order to specify a description of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing installation and use of a trap and trace device with respect to States, the geographic limits of the order.
Provides for emergency installation of a pen register or trap and trace device in situations involving: (1) an immediate threat to U.S. national security interests, or to public health or safety; or (2) an attack on the integrity or availability of a protected computer which attack would be an offense punishable under Federal criminal code prohibitions against fraud and related activity in connection with computers.
Modifies the definitions of: (1) "court of competent jurisdiction" to mean any U.S. district court or any U.S. Court of Appeals having jurisdiction over the offense being investigated; and (2) "pen register" and "trap and trace device" to cover processes (as well as devices) and dialing, routing, addressing, or signaling information with respect to a wire or electronic communication.
(Sec. 2) Revises Federal criminal code (the code) provisions regarding penalties for fraud and related activity in connection with computers to cover certain attempts to commit punishable offenses, and to provide penalties for offenses (or attempts) regarding: (1) loss to one or more persons during any one-year period aggregating at least $5,000 in value; (2) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; (3) physical injury to any person; (4) a threat to public health or safety; or (5) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security. Repeals a limitation on damages in civil actions to economic damages if any of subparagraphs (2) through (5) apply.
Directs the court, in imposing sentence on any person convicted of a violation, to order, in addition to any other sentence imposed and irrespective of any State law provision, that such person forfeit to the United States: (1) the interest of such person in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and (2) any property constituting or derived from any proceeds that such person obtained as a result of such violation. Makes specified Controlled Substances Act provisions regarding the criminal forfeiture, seizure, and disposition of property applicable to this section.
Sets forth similar provisions with respect to civil forfeiture.
(Sec. 3) Amends provisions of the code regarding juvenile delinquency proceedings in district courts, and transfer for criminal prosecution, to cover situations involving fraud and related activity in connection with computers.
(Sec. 4) Modifies provisions of the Antiterrorism and Effective Death Penalty Act of 1996 to direct the United States Sentencing Commission to amend the sentencing guidelines to ensure that any individual convicted of a felony violation of the prohibition against knowingly causing the transmission of a program, information, code, or command, thereby intentionally causing damage without authorization, to a protected computer is imprisoned for not less than six months. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to modify authorities relating to the use of pen registers and trap and trace devices, to modify provisions relating to fraud and related activities in connection with computers, and for other purposes."} | 2,822 | 910 | 0.696283 | 2.252606 | 0.785765 | 5.1247 | 3.049161 | 0.904077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vehicle Event History Information
Capturing Leads to Engineering Safety Improvements Act of 2010'' or the
``VEHICLE Safety Improvements Act of 2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In August 2001, the National Highway Traffic Safety
Administration Research and Development Event Data Recorder
Working Group published the following findings:
(A) ``EDRs [event data recorders] have the
potential to greatly improve highway safety, for
example, by improving occupant protection systems and
improving the accuracy of crash reconstructions.''.
(B) ``EDR technology has potential safety
applications for all classes of motor vehicles.''.
(C) ``A wide range of crash related and other data
elements have been identified which might usefully be
captured by future EDR systems.''.
(D) ``NHTSA has incorporated EDR data collection in
its motor vehicle research databases.''.
(E) ``Open access to EDR data (minus personal
identifiers) will benefit researchers, crash
investigators, and manufacturers in improving safety on
the highways.''.
(F) ``Studies of EDRs in Europe and the U.S. have
shown that driver and employee awareness of an on-board
EDR reduces the number and severity of drivers'
crashes.''.
(G) ``Given the differing nature of cars, vans,
SUVs, and other lightweight vehicles, compared to heavy
trucks, school buses, and motorcoaches, different EDR
systems may be required to meet the needs of each
vehicle class.''.
(H) ``Most systems utilize proprietary technology
and require the manufacturer to download and analyze
the data.''.
(2) The National Highway Traffic Safety Administration
(NHTSA) issued an event data recorder rule on August 28, 2006
(71 Fed. Reg. 50998), that--
(A) included a number of technical requirements for
event data recorders if they were provided in the motor
vehicle, including standardized data required to be
collected, the data format, and requirements for the
event data recorder to be readable following severe
crashes; and
(B) did not require the installation of event data
recorders in any motor vehicle.
(3) Recent NHTSA investigations have highlighted the
importance of event data recorders in determining the nature
and cause of motor vehicle crashes and malfunctions.
SEC. 3. EVENT DATA RECORDERS.
Section 30166 of title 49, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) Model year.--The term `model year' means--
``(A) the annual production period of a
manufacturer that begins on September 1 of the year
preceding the calendar year for which the model year is
named; and
``(B) the calendar year for which the model year is
named, if the manufacturer has no annual production
period.
``(2) Motor vehicle crash.--The term `motor vehicle crash'
means an occurrence associated with the maintenance or
operation of a motor vehicle or motor vehicle equipment
resulting in personal injury, death, or property damage.
``(3) Owner.--The term `owner' means a person who--
``(A) has all the incidents of ownership of a motor
vehicle, including legal title, regardless of whether
the person lends, rents, or creates a security interest
in the vehicle; or
``(B) is entitled to possession of a motor vehicle
as--
``(i) a purchaser under a security
agreement; or
``(ii) a lessee under a written lease
agreement for a period of at least 3 months.
``(4) Recording device.--The term `recording device' means
a feature that--
``(A) is installed by the manufacturer in a motor
vehicle; and
``(B) complies with part 563 of title 49, Code of
Federal Regulations, for the purpose of retrieving
information from the motor vehicle after an event
involving the motor vehicle.''; and
(2) in subsection (b)(1)(B), by striking ``accident'' and
inserting ``crash'';
(3) in subsection (c)(3), by striking ``accident'' each
place it appears and inserting ``crash''; and
(4) by adding at the end the following:
``(o) Event Data Recorders.--
``(1) Installation requirement.--
``(A) Light-duty motor vehicles.--Beginning not
later than the September 1 that is between 1 and 2
years after the date on which regulations are
promulgated under section 4(a) of the VEHICLE Safety
Improvements Act of 2010--
``(i) each new motor vehicle with a gross
vehicle weight rating of not more than 8,500
pounds that manufactured for sale or lease in
the United States shall be equipped with a
recording device that complies with part 563 of
title 49, Code of Federal Regulations (or any
successor regulation); and
``(ii) the data stored on any recording
device installed in any such new motor vehicle
shall be accessible and retrievable by a
commercially available universal data reader.
``(B) Medium- and heavy-duty motor vehicles.--
Beginning not later than the September 1 that is
between 3 and 4 years after the date on which
regulations are promulgated under section 4(b) of the
VEHICLE Safety Improvements Act of 2010--
``(i) each new motor vehicle with a gross
vehicle weight rating of more than 8,500 pounds
that is manufactured for sale or lease in the
United States shall be equipped with a
recording device that complies with part 563 of
title 49, Code of Federal Regulations (or any
successor regulation); and
``(ii) the data stored on any recording
device installed in any such new motor vehicle
shall be accessible and retrievable by a
commercially available universal data reader.
``(2) Disclosure.--The owner's manual of each new motor
vehicle sold or leased in the United States that is equipped
with a recording device shall clearly indicate the presence of
such a recording device, in accordance with section 563.11 of
title 49, Code of Federal Regulations (or any successor
regulation).
``(3) Privacy protection.--Information recorded or
transmitted by a recording device may not be retrieved by a
person other than the owner of the motor vehicle in which the
recording device is installed unless--
``(A) a court authorizes retrieval of such
information in furtherance of a legal proceeding;
``(B) the owner consents to such retrieval for any
purpose, including diagnosing, servicing, or repairing
the motor vehicle; or
``(C)(i) the information is retrieved by a
government motor vehicle safety agency for the purpose
of improving motor vehicle safety; and
``(ii) the personally identifiable information of
the owner or driver of the vehicle or the vehicle
identification number is not disclosed in connection
with the retrieved information.''.
SEC. 4. RULEMAKING.
(a) Light-Duty Motor Vehicles.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of Transportation
shall promulgate regulations to carry out the provisions of section
30166(o) of title 49, United States Code, relating to light-duty motor
vehicles.
(b) Medium- and Heavy-Duty Motor Vehicles.--Not later than 3 years
after the date of the enactment of this Act, the Secretary of
Transportation shall promulgate regulations to carry out the provisions
of section 30166(o) of title 49, United States Code, relating to
medium- and heavy-duty motor vehicles. | Vehicle Event History Information Capturing Leads to Engineering Safety Improvements Act of 2010 or VEHICLE Safety Improvements Act of 2010 - Directs the Secretary of Transportation (DOT) to promulgate regulations to require: (1) each new light-, medium-, and heavy-duty motor vehicle manufactured for sale or lease in the United States to be equipped with an event data recorder (EDR) meeting certain requirements; and (2) any data stored in the EDR of such vehicles to be accessible and retrievable by a commercially available universal data reader.
Requires the owner's manual of new motor vehicles to indicate clearly the presence of EDRs.
Prohibits the retrieval of information recorded or transmitted by an EDR by any person other than the owner of the motor vehicle in which such device is installed, unless: (1) a court authorizes it, the owner consents, or the information is retrieved by a government motor vehicle safety agency; and (2) neither the personally identifiable information of the vehicle owner or driver nor the vehicle identification number (VIN) is disclosed in the retrieval of information. | {"src": "billsum_train", "title": "A bill to amend section 30166 of title 49, United States Code, to require the installation of event data recorders in all motor vehicles manufactured for sale in the United States, and for other purposes."} | 1,733 | 236 | 0.568878 | 1.770471 | 0.734128 | 3.616505 | 7.815534 | 0.946602 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``2004 District of Columbia Omnibus
Authorization Act''.
SEC. 2. REQUIRING SUBMISSION OF PLAN BY SCHOOL BOARD FOR ALLOCATION OF
FUNDS UNDER MAYOR'S PROPOSED BUDGET.
Section 452 of the District of Columbia Home Rule Act (sec. 1-
204.52, D.C. Official Code) is amended--
(1) in the first sentence, by striking ``With respect to'' and
inserting ``(a) Role of Mayor and Council.--With respect to'';
(2) in the second sentence, by striking ``This section'' and
inserting ``This subsection''; and
(3) by adding at the end the following new subsection:
``(b) Plan for Allocation of Funds Under Proposed Budget.--
``(1) Submission of plan to council.--Not later than March 1 of
each year or the date on which the Mayor makes the proposed annual
budget for a year available under section 442 (whichever occurs
later), the Board of Education shall submit to the Council a plan
for the allocation of the Mayor's proposed budget among various
object classes and responsibility centers (as defined under
regulations of the Board).
``(2) Contents.--The plan submitted under this subsection shall
include a detailed presentation of how much money will be allocated
to each school, including--
``(A) a specific description of the amount of funds
available to the school for which spending decisions are under
the control of the school; and
``(B) a specific description of other responsibility center
funds which will be spent in a manner directly benefiting the
school, including funds which will be spent for personnel,
equipment and supplies, property maintenance, and student
services.''.
SEC. 3. MULTIYEAR CONTRACTING AUTHORITY AND LEASING AGREEMENTS FOR
DISTRICT OF COLUMBIA COURTS.
(a) Authority.--Subchapter III of chapter 17 of title 11, District
of Columbia Code, is amended by inserting after section 11-1742 the
following new section:
``Sec. 11-1742a. Multiyear contracting authority and leasing agreements
``(a) Severable Services Contracts for Periods Crossing Fiscal
Years.--The Executive Officer may enter into a contract for procurement
of severable services in the same manner and to the same extent as the
head of an executive agency may enter into such a contract under
section 303L of title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253l).
``(b) Multiyear Leasing Agreements.--
``(1) Authority.--The Executive Officer may enter into a lease
agreement for the accommodation of the District of Columbia courts
in a building which is in existence or being erected by the lessor
to accommodate the District of Columbia courts.
``(2) Terms.--A lease agreement under this subsection shall be
on terms the Executive Officer considers to be in the interest of
the Federal Government and the District of Columbia and necessary
for the accommodation of the District of Columbia courts. However,
the lease agreement may not bind the District of Columbia courts
for more than 10 years and the obligation of amounts for a lease
under this subsection is limited to the current fiscal year for
which payments are due without regard to section 1341(a)(1)(B) of
title 31, United States Code.
``(c) Multiyear Contracts.--
``(1) Authority.--The Executive Officer may enter into a
multiyear contract for the acquisition of property or services in
the same manner and to the same extent as an executive agency may
enter into such a contract under section 304B of title III of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
254c). In applying such authority--
``(A) in section 304B(a)(2)(B)--
``(i) `the best interests of the District of Columbia
and the Federal Government' shall be substituted for `the
best interests of the United States'; and
``(ii) `the courts' programs' shall be substituted for
`the agency's programs';
``(B) the second sentence of section 304B(b), and
subsection (e), shall not apply; and
``(C) in section 304B(c), `$5,000,000' shall be substituted
for `$10,000,000'.
``(2) Cancellation or termination for insufficient funding
after first year.--In the event that funds are not made available
for the continuation of a multiyear contract for services into a
subsequent fiscal year, the contract shall be canceled or
terminated, and the costs of cancellation or termination may be
paid from--
``(A) appropriations originally available for the
performance of the contract concerned;
``(B) appropriations currently available for procurement of
the type of services concerned, and not otherwise obligated; or
``(C) funds appropriated for those payments.''.
(b) Clerical Amendment.--The table of sections for subchapter III
of chapter 17 of title 11, District of Columbia Code, is amended by
inserting after the item relating to section 11-1742 the following new
item:
``11-1742a. Multiyear contracting authority and leasing agreements.''.
SEC. 4. ESTABLISHMENT OF ACADEMIC YEAR AS FISCAL YEAR FOR DISTRICT OF
COLUMBIA SCHOOLS.
Section 441 of the District of Columbia Home Rule Act (sec. 1-
204.41, D.C. Official Code) is amended--
(1) in the first sentence, by striking ``The fiscal year'' and
inserting ``(a) In General.--Except as provided in subsection (b),
the fiscal year'';
(2) by striking the third sentence; and
(3) by adding at the end the following new subsection:
``(b) Exceptions.--
``(1) Armory board.--The fiscal year for the Armory Board shall
begin on the first day of January and shall end on the thirty-first
day of December of each calendar year.
``(2) Schools.--Effective with respect to fiscal year 2007 and
each succeeding fiscal year, the fiscal year for the District of
Columbia Public Schools (including public charter schools) and the
University of the District of Columbia shall begin on the first day
of July and end on the thirtieth day of June of each calendar
year.''.
SEC. 5. EXTENSION OF DEADLINE FOR COUNCIL TO ADOPT BUDGET TO ACCOUNT
FOR DAYS OF RECESS.
Section 446(a) of the District of Columbia Home Rule Act (sec. 1-
204.46(a), D.C. Official Code), as amended by section 101(a), is
amended by striking ``50 calendar days'' and inserting ``56 calendar
days''.
SEC. 6. EXEMPTION OF DISTRICT GOVERNMENT EMPLOYEES ON COMPRESSED
SCHEDULE FROM FEDERAL OVERTIME REQUIREMENTS.
(a) In General.--Section 7 of the Fair Labor Standards Act (29
U.S.C. 207) shall not apply to the hours of an employee of the District
of Columbia government which constitute a compressed schedule.
(b) Compressed Schedule Defined.--In this section, the term
``compressed schedule'' means--
(1) in the case of a full-time employee, an 80-hour biweekly
basic work requirement which is scheduled for less than 10
workdays, and
(2) in the case of a part-time employee, a biweekly basic work
requirement of less than 80 hours which is scheduled for less than
10 workdays.
(c) Effective Date.--This section shall apply with respect to hours
occurring on or after the date of the enactment of this Act.
SEC. 7. AVAILABILITY OF ENFORCED ANNUAL LEAVE OR ENFORCED LEAVE WITHOUT
PAY AS DISCIPLINARY ACTION FOR CORPORATION COUNSEL
ATTORNEYS.
(a) In General.--Section 856(a) of the District of Columbia
Government Comprehensive Merit Personnel Act of 1978 (sec. 1-608.56(a),
D.C. Official Code) is amended by striking ``or reduction in grade,''
and inserting ``reduction in grade, or the placing of such attorney on
enforced annual leave or enforced leave without pay,''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 8. REGULATION OF DISTRICT OF COLUMBIA BANKS BY FEDERAL DEPOSIT
INSURANCE CORPORATION.
(a) Federal Deposit Insurance Act.--(1) Section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813) is amended--
(A) in subsection (a)(1)(A), by striking ``, State bank, and
District bank'' and inserting ``and State bank'';
(B) in subsection (a), by striking paragraph (4);
(C) in subsection (q)(1), by striking ``, any District bank,'';
(D) in subsection (q)(2)(A), by striking ``(except a District
bank)''; and
(E) in subsection (q)(3), by striking ``(except a District
bank),''.
(2) Section 7(a)(1) of such Act (12 U.S.C. 1817(a)(1)) is amended
by striking ``(except a District bank)''.
(3) Section 10(b)(2)(A) of such Act (12 U.S.C. 1820(b)(2)(A)) is
amended by striking ``(except a District bank)''.
(4) Section 11 of such Act (12 U.S.C. 1821) is amended--
(A) in subsection (c)(2)(A)(i), by striking ``or District
bank'';
(B) in subsection (c)(2)(A)(ii)--
(i) by striking ``or District bank''; and
(ii) by striking ``or the code of law for the District of
Columbia''; and
(C) in subsection (c)(3)(A), by striking ``(other than a
District depository institution)''.
(5) Section 18 of such Act (12 U.S.C. 1828) is amended--
(A) in section (c)(2)(A), by striking ``or a District bank'';
(B) in subsection (c)(2)(B), by striking ``(except a District
bank)'';
(C) in subsection (c)(2)(C), by striking ``a District Bank
or'';
(D) in subsection (d)(1), by striking ``(except a District
bank)'' each place such term appears;
(E) in subsection (f), by striking ``or a District bank'';
(F) in subsection (i)(1), by striking ``(except a District
bank)'';
(G) in subsection (i)(2), by striking subparagraph (A) and by
redesignating subparagraphs (B), (C), and (D) as subparagraphs (A),
(B), and (C), respectively;
(H) in subsection (i)(2)(A) (as so redesignated by subparagraph
(G)), by striking ``(except a District bank)''; and
(I) in subsection (i)(2)(B) (as so redesignated by subparagraph
(G)), by striking ``(except a District bank)''.
(b) National Housing Act.--Section 203(s)(5) of the National
Housing Act (12 U.S.C. 1709(s)(5)) is amended by striking ``or District
bank''.
(c) Bank Holding Company Act.--The Bank Holding Company Act of 1956
is amended--
(1) in section 2(c) (12 U.S.C. 1841(c)), by striking paragraph
(3); and
(2) in section 3(b)(1) (12 U.S.C. 1842(b)(1)), by striking ``or
a District bank''.
(d) Bank Protection Act of 1968.--Section 2(1) of the Bank
Protection Act of 1968 (12 U.S.C. 1881(1)) is amended by striking ``and
district banks''.
(e) Depository Institution Management Interlocks Act.--The
Depository Institution Management Interlocks Act (12 U.S.C. 3201 et
seq.) is amended--
(1) in section 207(1), by striking ``and banks located in the
District of Columbia''; and
(2) in section 209(1), by striking ``and banks located in the
District of Columbia''.
(f) Securities Exchange Act of 1934.--The Securities Exchange Act
of 1934 is amended--
(1) in section 3(a)(34) (15 U.S.C. 78c(34)), by striking ``or a
bank operating under the Code of Law for the District of Columbia''
each place such term appears in clause (i) of subparagraphs (A),
(B), (C), (D), and (F);
(2) in section 3(a)(34)(G)(i) (15 U.S.C. 78c(34)(G)(i)), by
striking ``, a bank in the District of Columbia examined by the
Comptroller of the Currency,'';
(3) in section 3(a)(34)(H)(i) (15 U.S.C. 78c(34)(H)(i)), by
striking ``or a bank in the District of Columbia examined by the
Comptroller of the Currency'';
(4) in section 12(i)(1) (15 U.S.C. 78l(i)(1)), by striking
``and banks operating under the Code of Law for the District of
Columbia'';
(5) in section 17(f)(4)(A) (15 U.S.C. 78q(f)(4)(A)), by
striking ``and banks operating under the Code of Law for the
District of Columbia''; and
(6) in section 17(f)(4)(B) (15 U.S.C. 78q(f)(4)(B)), by
striking ``or a bank operating under the Code of Law for the
District of Columbia''.
(g) National Bank Receivership Act.--The National Bank Receivership
Act is amended by striking section 6.
(h) Federal Reserve Act.--The last sentence of the 3rd undesignated
paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 321) is
amended by striking ``(except within the District of Columbia)''.
(i) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 9. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to fiscal year 2005 and each
succeeding fiscal year.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | 2004 District of Columbia Omnibus Authorization Act - (Sec. 2) Amends the District of Columbia Home Rule Act to require the Board of Education, by March 1 of each year or the date on which the Mayor of the District of Columbia makes the proposed annual budget for a year available (whichever occurs later), to submit to the District Council a plan for the allocation of the Mayor's proposed budget among various object classes and responsibility centers. Specifies the content of such plan.
(Sec. 3) Amends the District of Columbia Code to authorize the District's Executive Officer, under certain conditions, to enter into: (1) a contract for procurement of severable services in the same manner and to the same extent as the head of an executive agency may enter into such a contract under the Federal Property and Administrative Services Act of 1949; (2) a lease agreement for the accommodation of the District of Columbia courts in a building which is in existence or being erected by the lessor to accommodate them; and (3) a multiyear contract for the acquisition of property or services in the same manner and to the same extent as an executive agency may enter into such a contract under the Act.
Provides for cancellation or termination of a multiyear contract for services in the event that funds are not made available for its continuation into a subsequent fiscal year.
(Sec. 4) Requires: (1) the fiscal year for the Armory Board to begin on January 1 and end on December 31 of each calendar year; and (2) the fiscal year for the DC Public Schools (including public charter schools) and the University of the District of Columbia, starting FY 2007, to begin on July 1 and to end on June 30 of each calendar year.
(Sec. 5) Extends from 50 to 56 calendar days the deadline by which the Council, after receipt of the budget proposal from the Mayor, and after public hearing, shall by act adopt the annual budget for the District government.
(Sec. 6) Makes overtime requirements under the Fair Labor Standards Act inapplicable to the hours of a District government employee which constitute a compressed schedule.
(Sec. 7) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to subject a Legal Service Attorney, other than a Senior Executive Attorney, to additional disciplinary action such as placing of the attorney on enforced annual leave or enforced leave without pay for unacceptable performance or for any reason that is not arbitrary or capricious.
(Sec. 8) Amends the Federal Deposit Insurance Act, National Housing Act, Bank Holding Company Act, Bank Protection Act of 1968, Depository Institution Management Interlocks Act, Securities Exchange Act of 1934, the Federal Reserve Act, and the National Bank Receivership Act to provide for regulation of District of Columbia-chartered banks by the Federal Deposit Insurance Corporation in lieu of the Office of the Comptroller. | {"src": "billsum_train", "title": "To authorize improvements in the operations of the government of the District of Columbia, and for other purposes."} | 3,471 | 625 | 0.644148 | 2.093945 | 0.759292 | 4.392157 | 5.14795 | 0.934046 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transform America Transaction Fee of
2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) An effective stimulus plan meets the criteria of job
creation, fiscal responsibility, fairness, targeting of unmet
needs, tax reform and revenue sharing.
(2) Economic viability is inexorably linked to the rate of
economic growth.
(3) The current tax structure creates economic distortions
that limit growth and job creation.
(4) The cost of compliance to taxpayers is five billion
hours and approximately $200 billion.
(5) The tax code produces inefficiency in revenue raising
that forces the nation to struggle unnecessarily under the
burden of unequal and inadequate systems of public education
and health care, a crumbling physical and social services
infrastructure, and a crushing national debt.
(6) Restructuring the tax code would promote economic
prosperity.
(7) Replacing existing Federal taxes with a fee on
transactions eliminates systemic inefficiency that plagues the
current tax code.
(8) Implementing a transaction fee would allow businesses
to undertake projects that were not profitable in the past and
workers would be more willing to supply labor than before.
(9) Responsible tax reform is necessary for all to enjoy
financial security, economic prosperity, educational
opportunities, and affordable health care.
(10) Therefore, it is necessary for the Department of the
Treasury to conduct a transaction fee and implementation
feasibility study to achieve these stated goals.
SEC. 3. STUDY ON THE IMPLEMENTATION OF A TRANSACTION FEE.
(a) In General.--The Secretary of the Treasury shall conduct an in-
depth study on the implementation of a transaction tax in the United
States. In particular, such study shall include a detailed feasibility
and impact analysis of the proposal outlined in subsection (b) (as well
as an implementation/action plan) to replace all existing Federal taxes
with a per transaction fee based on the value of the transaction.
(b) Transaction Tax Proposal.--
(1) In general.--The fee under the proposal would apply to
all cash and non-cash transactions (including checks, credit
cards, transfers of stocks, bonds, and other financial
instruments).
(2) Exclusions.--The fee would not apply to--
(A) cash transactions of less than $500, and
(B) salaries and wages by employers to employees.
(3) Cash withdrawals from financial institutions.--The fee
under the proposal would apply to cash withdrawals from
financial institutions and be set at a rate that is either
double or higher than the standard transaction fee.
(4) Fee rate.--
(A) In general.--The fee rate is set at a level
sufficient to generate revenues equal to revenues under
the Internal Revenue Code of 1986.
(B) Other potential uses of fee.--The fee rate
could be structured to cover 1 or more of the
following:
(i) A national debt reduction plan
requiring elimination of the current national
debt of $6.846 trillion over a period of 10
years, with equal annual payments.
(ii) A Federal revenue sharing program
providing funding to States to support 50% of
the K-16 education costs of each State which
agrees to adopt an equitable public school
finance system.
(iii) A Federal program providing health
care insurance coverage (for the current
estimated 43 million uninsured Americans) which
is comparable to the Federal employee benefit
program or Medicare.
(iv) A Federal revenue sharing program
supporting community and economic development
investments in high poverty rural and urban
areas at a level equal to 10% of current
Federal tax revenues.
(5) Progressivity.--The base standard transaction fee shall
not be greater than 1% for all noncash transactions under $500.
If more revenues are needed to meet the requirements of
paragraph (4), the Secretary of the Treasury would calculate
the minimum level of progressivity required to cover these
costs. This progressivity factor may include--
(A) a higher transaction fee for all transactions
above $500, and
(B) a progressive schedule of rates to tiered
ranges of transactions above $500.
(6) General provisions.--
(A) Liability for fee.--Persons become liable for
the fee at the moment the person exercises control over
a piece of property or service, regardless of the
payment method.
(B) Collection.--The fees will be collected by the
seller or financial institution servicing the
transaction.
(c) Report of Study.--
(1) In general.--The results of the study shall be
submitted to the Congress by the Secretary of the Treasury in a
comprehensive analytical report, detailing--
(A) the methodology employed in the calculation of
the fee rate,
(B) the factors considered in assessing feasibility
of the proposed revenue generating system and the
weight applied to each, and
(C) the portion of the transaction fee attributable
to each of the programs identified in paragraph (3)(B)
and the methodology used to calculate each.
(2) Other requirements.--The study shall (in the following
order)--
(A) compute the fee needed to meet current revenue
generation,
(B) compute the fee needed to meet revenue
neutrality and generate additional revenue to support
the program described in paragraph (3)(B)(i) (relating
to national debt reduction plan),
(C) compute the fee needed to meet revenue
neutrality and generate additional revenue to support
all the programs described in paragraph (3)(B), and
(D) determine the utility of pegging changes in the
transaction fee schedule of rates to the rate of
inflation.
(3) Comparative analysis.--The study shall include a
comparative analysis of the existing revenue-raising system
versus the proposed fee-based system on economic behavior. The
study shall include an analysis of effect of the 2 systems on--
(A) job creation,
(B) economic growth,
(C) consumption,
(D) investments, and
(E) savings levels.
(4) Types of transactions.--The study shall include a
broad-based examination of all types and categories of
transactions, including information on frequency and value of
transactions in each category.
(5) Impact of exemptions.--The study shall examine the
impact of the transaction fee exemption for all cash
transactions under $500.
(6) Program operations.--The study shall provide
instructions on program operations, including--
(A) transaction fee collection,
(B) transaction fee implementation, and
(C) transaction fee compliance, enforcement, and
administrative costs.
(7) Fee as tool of fiscal policy.--The study shall assess
the transaction fee as a tool of Federal fiscal policy,
including an impact analysis on the elimination or retention of
existing tax expenditures, incentives, penalties, and credits.
The study should also research and comment on options for
rebating citizens currently not subject to Federal income taxes
and/or other current aspects of the Federal tax code (i.e. the
earned income credit, the alternative minimum tax, and the
child tax credit).
(8) Impact of fee by income levels.--The study shall
include an assessment of the impact of the transaction fee by
quartile income levels.
(9) Implementation plan.--The study shall include a
detailed action plan on how best to implement a transaction tax
in the United States and shall include--
(A) information on timeline, agency reform,
potential pertinent regulatory issues, and type of
congressional action needed, and
(B) an examination of the feasibility of modifying
the overall mission and jurisdiction of the Internal
Revenue Service from one focused on tax law application
to one focused on uncovering and eliminating waste,
fraud, and abuse throughout the Federal Government.
(d) Due Date.--The report of the study shall be submitted to the
Congress not later than 1 year after enactment of this Act. | Transform America Transaction Fee of 2004 - Directs the Secretary of the Treasury to conduct an in-depth study on the implementation of a transaction tax in the United States, including a detailed feasibility and impact analysis of, and an implementation/action plan for, a proposal to replace all existing Federal taxes with a per transaction fee based on the value of the transaction. | {"src": "billsum_train", "title": "To require a study on transforming America by reforming the Federal tax code through elimination of all Federal taxes on individuals and corporations and replacing the Federal tax code with a transaction fee-based system."} | 1,635 | 79 | 0.537735 | 1.550216 | 1.231424 | 6.757143 | 22.971429 | 0.985714 |
SECTION 1. SHORT TITLE; AMENDMENT OF FEDERAL WATER POLLUTION CONTROL
ACT.
(a) In General.--This Act may be cited as the ``Clean Water
Infrastructure and Security Improvement Act of 2002''.
(b) Amendment of Federal Water Pollution Control Act.--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 Federal Water Pollution
Control Act (33 U.S.C. 1251-1387).
SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.
Section 601(a) (33 U.S.C. 1381(a)) is amended by striking ``(1) for
construction'' and all that follows through the period and inserting
``to accomplish the purposes of this Act.''.
SEC. 3. CAPITALIZATION GRANTS AGREEMENTS.
(a) Requirements for Construction of Treatment Works.--Section
602(b)(6) (33 U.S.C. 1382(b)(6)) is amended to read as follows:
``(6) treatment works eligible under section 603(c)(1) of
this Act constructed in whole or in part with funds made
available by a State water pollution control revolving fund
under this title and section 205(m) of this Act will meet the
requirements of section 513 of this Act in the same manner as
treatment works constructed with assistance under title II of
this Act;''.
(b) Architectural and Engineering Contracts.--Section 602(b) (33
U.S.C. 1382(b)) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) the State will require that each contract and
subcontract for program management, construction management,
planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying,
mapping, and related services entered into using amounts from
the fund will be awarded in the same way that a contract for
architectural and engineering services is awarded under title
IX of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 541 et seq.), or an equivalent qualifications-
based requirement prescribed by the State, except that such an
award shall not be construed as conferring a proprietary
interest upon the United States.''.
(c) Guidance for Small Systems.--Section 602 (33 U.S.C. 1382) is
amended by adding at the end the following:
``(c) Guidance for Small Systems.--
``(1) Simplified procedures.--Not later than 1 year after
the date of enactment of this subsection, the Administrator
shall assist the States in establishing simplified procedures
for small systems to obtain assistance under this title.
``(2) Publication of manual.--Not later than 1 year after
the date of enactment of this subsection, and after providing
notice and opportunity for public comment, the Administrator
shall publish a manual to assist small systems in obtaining
assistance under this title and publish in the Federal Register
notice of the availability of the manual.
``(3) Small system defined.--For purposes of this title,
the term `small system' means a system for which a municipality
or intermunicipal, interstate, or State agency seeks assistance
under this title and which serves a population of 10,000 or
less.''.
SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS.
(a) Activities Eligible for Assistance.--Section 603(c) (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 that 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.
``(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) Restoration or protection of publicly or
privately owned riparian areas, including acquisition
of property rights.
``(F) Implementation of measures to promote
beneficial reuse of wastewater.
``(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.
``(I) Implementation of measures to enhance the
security of 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) Loan Guarantees.--Section 603(d)(5) (33 U.S.C. 1383(d)(5)) is
amended to read as follows:
``(5) to provide loan guarantees for--
``(A) similar revolving funds established by
municipalities or intermunicipal agencies; and
``(B) developing and implementing innovative
technologies.''.
(c) Administrative Expenses.--Section 603(d)(7) (33 U.S.C.
1383(d)(7)) is amended by inserting before the period at the end the
following: ``or $400,000 per year or \1/2\ percent per year of the
current valuation of such fund, whichever is greater, plus the amount
of any fees collected by the State for such purpose under subsection
(c)(2)''.
(d) Technical and Planning Assistance for Small Systems.--Section
603(d) (33 U.S.C. 1383(d)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting a semicolon; and
(3) by adding at the end the following:
``(8) to provide to small systems technical and planning
assistance and assistance in financial management, user fee
analysis, budgeting, capital improvement planning, facility
operation and maintenance, repair schedules, and other
activities to improve wastewater treatment plant operations,
except that such amounts shall not exceed 2 percent of all
grant awards to such fund under this title; and''.
(e) Grants to Financially Distressed Communities.--Section 603(d)
(33 U.S.C. 1383(d)) is further amended by adding at the end the
following:
``(9) to make grants to financially distressed communities
in the State in the amounts specified in subsection (i).''.
(f) Consistency With Planning Requirements.--Section 603(f) (33
U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting
``is not inconsistent''.
(g) Construction Assistance.--Section 603(g) (33 U.S.C. 1383(g)) is
amended to read as follows:
``(g) Construction Assistance.--
``(1) Priority list requirement.--The State may provide
financial assistance from its water pollution control revolving
fund with respect to a project for construction of a publicly
owned treatment works only if such project is on the State's
priority list under section 216 of this Act without regard to
the rank of such project on the State's priority list.
``(2) Eligibility of certain treatment works.--A treatment
works shall be treated as a publicly owned treatment works for
purposes of subsection (c) if the treatment works, without
regard to ownership, would be considered a publicly owned
treatment works and is principally treating municipal waste
water or domestic sewage.''.
(h) Financially Distressed Communities.--Section 603 is amended by
adding at the end the following:
``(i) Financially Distressed Communities.--
``(1) Grants.--
``(A) In general.--In any fiscal year in which the
Administrator has available for obligation more than
$1,400,000,000 for the purposes of this title, a State
shall make grants to financially distressed communities
in the State in an amount equal to 25 percent of the
difference between--
``(i) the total amount that would have been
allotted to the State under section 604 for
such fiscal year if the amount available to the
Administrator for obligation under this title
for such fiscal year had been equal to
$1,400,000,000; and
``(ii) the total amount allotted to the
State under section 604 for such fiscal year.
``(B) Period of availability.--Notwithstanding
section 604(c), amounts to be used by a State under
this paragraph for making grants to financially
distressed communities shall remain available to the
State until expended.
``(C) Certification.--A State may make a grant to a
financially distressed community under this paragraph
only if the community certifies to the State that the
amounts of the grant will be used to improve water
quality.
``(2) Priority for loans.--A State may give priority to a
financially distressed community in making loans from its water
pollution control revolving fund.
``(3) Financially distressed community defined.--In this
section, the term `financially distressed community' means any
community that meets affordability criteria established by the
State in which the treatment works is located, if such criteria
are developed after public review and comment.
``(4) Information to assist states.--The Administrator may
publish information to assist States in establishing
affordability criteria under paragraph (3).''.
(i) Design-Build.--Section 603 is further amended by adding at the
end the following:
``(j) Design-Build.--
``(1) In general.--To the extent permitted by State law, a
recipient of financial assistance from a State's water
pollution control revolving fund may use the design-build
project delivery method for any project for the design and
construction of a publicly owned treatment works or other
infrastructure facility receiving such assistance.
``(2) Selection procedures.--In carrying out a project
using the design-build project delivery method, a recipient
described in paragraph (1) shall use the design-build selection
procedures established under section 303M of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253m).
``(3) Design-build defined.--In this subsection, the term
`design-build' means an agreement between a recipient described
in paragraph (1) and a contractor that provides for the design
and construction of a publicly owned treatment works or other
infrastructure facility under a single contract.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 607 (33 U.S.C. 1387) is amended by striking paragraphs (1)
through (5) and inserting the following:
``(1) $3,000,000,000 for fiscal year 2003;
``(2) $4,000,000,000 for fiscal year 2004;
``(3) $5,000,000,000 for fiscal year 2005;
``(4) $6,000,000,000 for fiscal year 2006; and
``(5) $7,000,000,000 for fiscal year 2007.''. | Clean Water Infrastructure and Security Improvement Act of 2002 - Amends the Federal Water Pollution Control Act to remove certain requirements for States with respect to construction of treatment works under capitalization grant agreements.Requires architectural and engineering contracts to be awarded consistent with procedures under the Federal Property and Administrative Services Act of 1949 or an equivalent State qualifications-based requirement.Directs the Administrator of the Environmental Protection Agency to assist States in establishing simplified procedures for small water systems to obtain assistance under the Act.Requires revolving funds to be used only for providing assistance for activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Makes revisions concerning uses of funds for: (1) innovative technologies; (2) administrative expenses; (3) small system technical, planning, and management assistance; and (4) financially distressed communities.Revises requirements related to consistency with plans and eligibility of treatment works not considered publicly owned.Requires States to make grants to financially distressed communities in any fiscal year in which the Administrator has more than $1.4 billion available for obligation and allows a State to give priority to such communities in making loans.Allows a recipient of assistance from a State revolving fund to use the design-build project delivery (single contract) method.Reauthorizes appropriations for FY 2003 through 2007 for the revolving fund program. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other purposes."} | 2,663 | 293 | 0.508244 | 1.56345 | 0.744836 | 2.839216 | 9.160784 | 0.917647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civic Participation and
Rehabilitation Act of 2005''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship and regaining the right to vote reintegrates
offenders into free society. The right to vote may not be
abridged or denied by the United States or by any State on
account of race, color, gender or previous condition of
servitude. Basic constitutional principles of fairness and
equal protection require an equal opportunity for Americans to
vote in Federal elections. Congress has ultimate supervisory
power over Federal elections, an authority which has repeatedly
been upheld by the Supreme Court.
(2) Congress finds three areas where discrepancies in State
laws regarding felony convictions lead to unfairness in Federal
elections: (A) there is no uniform standard for voting in
Federal elections which leads to an unfair disparity and
unequal participation in Federal elections based solely on
where a person lives; (B) laws governing the restoration of
voting rights after a felony conviction are unequal throughout
the country and persons in some States can easily regain their
voting rights while in other States persons effectively lose
their right to vote permanently; and (C) State
disenfranchisement laws disproportionately impact ethnic
minorities.
(3) Although State law determines the qualifications for
voting, Congress must ensure that those laws are in accordance
with the Constitution. Current laws vary throughout the country
resulting in discrepancies regarding which citizens may vote in
Federal elections.
(4) An estimated 4,700,000 Americans, or one in 44 adults,
currently cannot vote as a result of a felony conviction. Women
represent 676,730 of this total. Disenfranchisement results
from varying State laws that restrict voting while under some
form of criminal justice supervision or after the completion of
a felony sentence in some States. Two States do not
disenfranchise felons at all (Maine and Vermont). Forty-eight
States and the District of Columbia have disenfranchisement
laws that deprive convicted offenders of the right to vote
while they are in prison. In thirty-five States, convicted
offenders may not vote while they are on parole and in thirty-
one States probationers may not vote. Six States disenfranchise
ex-offenders who have fully served their sentences, regardless
of the nature or seriousness of the offense. 1,700,000 of the
4,700,000 disqualified voters are not in prison, but are on
probation, parole or are ex-offenders.
(5) In those States that disenfranchise ex-offenders, the
right to vote can be regained in theory, but in practice this
possibility is often illusory. In fourteen States, a pardon or
order from the Governor or a parole or pardon board is
required. Offenders convicted of a Federal offense often have
additional barriers to regaining voting rights. In some States,
Federal offenders cannot use the State procedure for restoring
their civil rights. The only method provided by Federal law for
restoring voting rights to ex-offenders is a Presidential
pardon. Few persons who seek to have their right to vote
restored have the financial and political resources needed to
succeed.
(6) Thirteen percent of the African American adult male
population, or 1,400,000 African American men, are
disenfranchised. Given current rates of incarceration, three in
ten of the next generation of black men will be disenfranchised
at some point during their lifetime. Hispanic citizens are also
disproportionately disenfranchised since they are
disproportionately represented in the criminal justice system.
(7) These discrepancies should be addressed by Congress.
Basic concepts of fundamental fairness and equal protection
require an equal opportunity for Americans to vote in Federal
elections. This Act will restore fairness in the Federal
election process and promote reintegration of former offenders
into a life as law abiding citizens of the United States.
SEC. 3. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States
to vote in any election for Federal office shall not be denied or
abridged because that individual has been convicted of a criminal
offense unless such individual is serving a felony sentence in a
correctional institution or facility at the time of the election.
SEC. 4. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this Act.
(b) Private Right of Action.--(1) A person who is aggrieved by a
violation of this Act may provide written notice of the violation to
the chief election official of the State involved.
(2) Except as provided in paragraph (3), 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, in a civil action obtain declaratory or
injunctive relief with respect to the violation.
(3) 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 election official of the State under paragraph (1)
before bringing a civil action to obtain declaratory or injunctive
relief with respect to the violation.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``correctional institution or facility'' means
any prison, penitentiary, jail, or other institution or
facility for the confinement of individuals convicted of
criminal offenses, whether publicly or privately operated,
except that such term does not include any residential
community treatment center (or similar public or private
facility);
(2) the term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President; and
(3) the term ``Federal office'' means the office of
President or Vice President of the United States, or of Senator
or Representative in, or Delegate or Resident Commissioner to,
the Congress of the United States.
SEC. 6. RELATION TO OTHER LAWS.
(a) Nothing in this Act shall be construed to prohibit the States
enacting any State law which affords the right to vote in any election
for Federal office on terms less restrictive than those established by
this Act.
(b) The rights and remedies established by this Act are in addition
to all other rights and remedies provided by law, and neither rights
and remedies established by this Act shall supersede, restrict, or
limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973
et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg).
SEC. 7. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may receive or
use, to construct or otherwise improve a prison, jail, or other place
of incarceration, any Federal grant amounts unless that person has in
effect a program under which each individual incarcerated in that
person's jurisdiction who is a citizen of the United States is
notified, upon release from such incarceration, of that individual's
rights under section 3. | Civic Participation and Rehabilitation Act of 2005 - States that the right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institute or facility at the time of the election.
Authorizes the Attorney General, in a civil action, to obtain declaratory or injunctive relief to remedy a violation of this Act.
Provides for a private right of action.
Prohibits any State, unit of local government, or other person from receiving or using any Federal grant amount, to construct or otherwise improve a prison, jail, or other place of incarceration, unless that person has in effect a program under which each U.S. citizen incarcerated in that person's jurisdiction is notified, upon release, of that citizen's rights. | {"src": "billsum_train", "title": "To ensure the Federal voting rights of persons who have been released from incarceration."} | 1,699 | 210 | 0.431476 | 1.285836 | 0.528118 | 7.175439 | 9.023392 | 0.953216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Recognition Act''.
SEC. 2. PREAMBLE.
The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended
as follows:
(1) By striking ``and'' at the end of each clause.
(2) By striking ``: Now, therefore,'' at the end of the
last clause and inserting a semicolon.
(3) By adding at the end the following new clauses:
``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina
are descendants of coastal North Carolina Indian tribes, principally
Cheraw, and have remained a distinct Indian community since the time of
contact with white settlers;
``Whereas since 1885 the State of North Carolina has recognized the Lumbee
Indians as an Indian tribe;
``Whereas in 1956 the Congress of the United States acknowledged the Lumbee
Indians as an Indian tribe, but withheld from the Lumbee Tribe the
benefits, privileges and immunities to which the Tribe and its members
otherwise would have been entitled by virtue of the Tribe's status as a
federally recognized tribe; and
``Whereas the Congress finds that the Lumbee Indians should now be entitled to
full Federal recognition of their status as an Indian tribe and that the
benefits, privileges and immunities that accompany such status should be
accorded to the Lumbee Tribe: Now, therefore,''.
SEC. 3. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254), is amended as follows:
(1) By striking the last sentence of the first section.
(2) By striking section 2 and inserting the following new
sections:
``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee
Tribe of North Carolina, as designated as petitioner number 65 by the
Office of Federal Acknowledgement. All laws and regulations of the
United States of general application to Indians and Indian tribes shall
apply to the Lumbee Tribe of North Carolina and its members.
``(b) Notwithstanding the first section, any group of Indians in
Robeson and adjoining counties, North Carolina, whose members are not
enrolled in the Lumbee Tribe of North Carolina as determined under
section 3(c), may petition under part 83 of title 25 of the Code of
Federal Regulations for acknowledgement of tribal existence.
``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members
shall be eligible for all services and benefits provided to Indians
because of their status as members of a federally recognized tribe. For
the purposes of the delivery of such services, those members of the
Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in
North Carolina shall be deemed to be residing on or near an Indian
reservation.
``(b) Upon verification by the Secretary of the Interior of a
tribal roll under subsection (c), the Secretary of the Interior and the
Secretary of Health and Human Services shall develop, in consultation
with the Lumbee Tribe of North Carolina, a determination of needs to
provide the services to which members of the Tribe are eligible. The
Secretary of the Interior and the Secretary of Health and Human
Services shall each submit a written statement of such needs to
Congress after the tribal roll is verified.
``(c) For purposes of the delivery of Federal services, the tribal
roll in effect on the date of the enactment of this section shall,
subject to verification by the Secretary of the Interior, define the
service population of the Tribe. The Secretary's verification shall be
limited to confirming compliance with the membership criteria set out
in the Tribe's constitution adopted on November 16, 2001, which
verification shall be completed within 2 years after the date of the
enactment of this section.
``Sec. 4. (a) The Secretary may take land into trust for the Lumbee
Tribe pursuant to this Act. An application to take land located within
Robeson County, North Carolina, into trust under this section shall be
treated by the Secretary as an `on reservation' trust acquisition under
part 151 of title 25, Code of Federal Regulation (or a successor
regulation).
``(b) The tribe may not conduct gaming activities as a matter of
claimed inherent authority or under the authority of any Federal law,
including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
under any regulations thereunder promulgated by the Secretary or the
National Indian Gaming Commission.
``Sec. 5. (a) The State of North Carolina shall exercise
jurisdiction over--
``(1) all criminal offenses that are committed on; and
``(2) all civil actions that arise on, lands located within
the State of North Carolina that are owned by, or held in trust
by the United States for, the Lumbee Tribe of North Carolina,
or any dependent Indian community of the Lumbee Tribe of North
Carolina.
``(b) The Secretary of the Interior is authorized to accept on
behalf of the United States, after consulting with the Attorney General
of the United States, any transfer by the State of North Carolina to
the United States of any portion of the jurisdiction of the State of
North Carolina described in subsection (a) pursuant to an agreement
between the Lumbee Tribe and the State of North Carolina. Such transfer
of jurisdiction may not take effect until 2 years after the effective
date of the agreement.
``(c) The provisions of this section shall not affect the
application of section 109 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1919).
``Sec. 6. There are authorized to be appropriated such sums as are
necessary to carry out this Act.''.
Passed the House of Representatives June 3, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | (This measure has not been amended since it was reported to the House on May 12, 2009. The summary of that version is repeated here.)
Lumbee Recognition Act - Extends federal recognition to the Lumbee Tribe of North Carolina.
Prohibits the tribe from conducting gaming activities as a matter of claimed inherent authority or under the authority of any federal law.
Requires North Carolina to exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on North Carolina lands owned by, or held in trust by the United States for, the Lumbee Tribe or any dependent Indian community of the Tribe. | {"src": "billsum_train", "title": "To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes."} | 1,299 | 137 | 0.501459 | 1.495665 | 0.472719 | 4.235294 | 10.210084 | 0.87395 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Visa Security Improvement
Act''.
SEC. 2. ENHANCED STUDENT VISA BACKGROUND CHECKS.
(a) In General.--Section 428(e) of the Homeland Security Act of
2002 (6 U.S.C. 236(e)) is amended by adding at the end the following:
``(9) Student visas.--In administering the program under
this subsection, the Secretary, not later than 180 days after
the date of the enactment of the Student Visa Security
Improvement Act--
``(A) shall prescribe regulations to require
employees assigned under paragraph (1) to conduct in-
person interviews of all applicants recommended by
Department of State personnel for visas under
subparagraph (F), (J), or (M) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) prior to final adjudication, with special
emphasis on determining whether applicants are
inadmissible under section 212(a)(3)(B) of such Act (8
U.S.C. 1182(a)(3)(B)) (relating to terrorist
activities);
``(B) shall ensure that employees assigned under
paragraph (1) conduct on-site reviews of applications
and supporting documentation for visas under
subparagraph (F), (J), or (M) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) that they deem appropriate prior to final
adjudication; and
``(C) shall update, in consultation with the
Secretary of State, the memorandum of understanding
between the Department of Homeland Security and the
Department of State regarding implementation of this
section to clarify the roles and responsibilities of
employees assigned under paragraph (1) specifically
with regard to the duties prescribed by this
paragraph.''.
SEC. 3. STUDENT AND EXCHANGE VISITOR PROGRAM.
(a) In General.--Section 442 of the Homeland Security Act of 2002
(6 U.S.C. 252) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (5) as paragraph
(10); and
(B) by inserting after paragraph (4) the following:
``(5) Student and exchange visitor program.--In
administering the program under paragraph (4), the Secretary
shall, not later than one year after the date of the enactment
of the Student Visa Security Improvement Act--
``(A) prescribe regulations to require an
institution or exchange visitor program sponsor
participating in the Student and Exchange Visitor
Program to ensure that each covered student or exchange
visitor enrolled at the institution or attending the
exchange visitor program--
``(i) is an active participant in the
program for which the covered student or
exchange visitor was issued a visa to enter the
United States;
``(ii) is not unobserved for any period--
``(I) exceeding 30 days during any
academic term or program in which the
covered student or exchange visitor is
enrolled; or
``(II) exceeding 60 days during any
period not described in subclause (I);
and
``(iii) is reported to the Department if
within 10 days--
``(I) transferring to another
institution or program;
``(II) changing academic majors; or
``(III) any other changes to
information required to be maintained
in the system described in paragraph
(4); and
``(B) notwithstanding subparagraph (A), require
each covered student or exchange visitor to be observed
at least once every 60 days.
``(6) Enhanced access.--The Secretary shall provide access
to the Student and Exchange Visitor Information System
(hereinafter in this subsection referred to as the `SEVIS'), or
other equivalent or successor program or system, to appropriate
employees of an institution or exchange visitor program sponsor
participating in the Student and Exchange Visitor Program if--
``(A) at least two authorized users are identified
at each participating institution or exchange visitor
sponsor;
``(B) at least one additional authorized user is
identified at each such institution or sponsor for
every 200 covered students or exchange visitors
enrolled at the institution or sponsor; and
``(C) each authorized user is certified by the
Secretary as having completed an appropriate training
course provided by the Department for the program or
system.
``(7) Program support.--The Secretary shall provide
appropriate technical support options to facilitate use of the
program or system described in paragraph (4) by authorized
users.
``(8) Upgrades to sevis or equivalent data.--The Secretary
shall update the program or system described in paragraph (4)
to incorporate new data fields that include--
``(A) verification that a covered student's
performance meets the minimum academic standards of the
institution in which such student is enrolled; and
``(B) timely entry of any information required by
paragraph (5) regarding covered students and exchange
visitors enrolled at institutions or exchange program
sponsors.
``(9) Savings clause.--Nothing in this section shall
prohibit the Secretary or any institution or exchange program
sponsor participating in the Student Exchange Visitor Program
from requiring more frequent observations of covered students
or exchange visitors.''; and
(2) by adding at the end the following:
``(d) Definitions.--For purposes of this section:
``(1) The term `covered student' means a student who is a
nonimmigrant pursuant to subparagraph (F), (J), or (M) of
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)).
``(2) The term `observed' means positively identified by
physical or electronic means.
``(3) The term `authorized user' means an individual
nominated by an institution participating in the Student and
Exchange Visitor Program and confirmed by the Secretary as not
appearing on any terrorist watch list.''.
(b) Comptroller General Review.--The Comptroller General shall
conduct a review of the fees for the Student and Exchange Visitor
Program of the Department of Homeland Security. The Comptroller General
shall include in such review data from fiscal years 2007 through 2010
and shall consider fees collected by the Department and all expenses
associated with the review, issuance, maintenance, data collection, and
enforcement functions of the Student and Exchange Visitor Program.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out sections 2 and 3 of this Act, and the amendments
made by such sections, for fiscal year 2011. | Student Visa Security Improvement Act - Amends the the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS) to: (1) require DHS employees to conduct in-person interviews and conduct on-site reviews of applications and supporting documentation with respect to student and exchange program visa applicants prior to final visa adjudication, with emphasis on determining whether an applicant is inadmissible for terrorist-related activities; (2) require an institution or exchange visitor program participating in the Student and Exchange Visitor Program to ensure that each covered student or exchange visitor is an active program participant, is observed, and is reported to DHS if he or she transfers institutions or academic majors; (3) provide Student and Exchange Visitor Information System (SEVIS) access to appropriate employees of a SEVIS program sponsor under specified circumstances; and (4) require a SEVIS upgrade to add data fields that include verification that students are meeting minimum academic standards. | {"src": "billsum_train", "title": "To require the Secretary of Homeland Security to strengthen student visa background checks and improve the monitoring of foreign students in the United States, and for other purposes."} | 1,467 | 196 | 0.563973 | 1.736544 | 0.939139 | 2.944134 | 7.547486 | 0.910615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cat Island National Wildlife Refuge
Establishment Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) as the southernmost unleveed portion of the Mississippi
River, Cat Island, Louisiana, is one 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 one of the highest densities of virgin
bald cypress trees in the entire Mississippi River Valley,
including the Nation's champion cypress tree 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
furbearers, such as mink and bobcats;
(5) conservation and enhancement of this area through inclusion
in the National Wildlife Refuge System would help meet the habitat
conservation goals of the North American Waterfowl Management Plan;
(6) these forested wetlands represent one of the most valuable
and productive wildlife habitat types in the United States, and
have extremely high recreational value for hunters, anglers,
birdwatchers, nature photographers, and others; and
(7) the Cat Island area is deserving of inclusion in the
National Wildlife Refuge System.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Refuge'' means the Cat Island National Wildlife
Refuge; and
(2) the term ``Secretary'' means the Secretary of the Interior.
SEC. 4. PURPOSES.
The purposes for which the Refuge is established and shall be
managed are--
(1) to conserve, restore, and manage habitats as necessary to
contribute to the migratory bird population goals and habitat
objective as established through the Lower Mississippi Valley Joint
Venture;
(2) to conserve, restore, and manage the significant aquatic
resource values associated with the area's forested wetlands and to
achieve the habitat objectives of the ``Mississippi River Aquatic
Resources Management Plan'';
(3) to conserve, enhance, and restore the historic native
bottomland community characteristics of the lower Mississippi
alluvial valley and its associated fish, wildlife, and plant
species;
(4) to conserve, enhance, and restore habitat to maintain and
assist in the recovery of endangered, and threatened plants and
animals; and
(5) to encourage the use of volunteers and 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 Refuge and the National Wildlife Refuge System and public
participation in the conservation of those resources.
SEC. 5. ESTABLISHMENT OF REFUGE.
(a) Acquisition Boundary.--The Secretary is authorized to establish
the Cat Island National Wildlife Refuge, consisting of approximately
36,500 acres of land and water, as depicted upon a map entitled ``Cat
Island National Wildlife Refuge-Proposed'', dated February 8, 2000, and
available for inspection in appropriate offices of the United States
Fish and Wildlife Service.
(b) Boundary Revisions.--The Secretary may make such minor
revisions of the boundary designated under this section as may be
appropriate to carry out the purposes of the Refuge or to facilitate
the acquisition of property within the Refuge.
(c) Acquisition.--The Secretary is authorized to acquire the lands
and waters, or interests therein, within the acquisition boundary
described in subsection (a) of this section.
(d) Establishment.--The Secretary shall establish the Refuge by
publication of a notice to that effect in the Federal Register and
publications of local circulation whenever sufficient property has been
acquired to constitute an area that can be efficiently managed as a
National Wildlife Refuge.
SEC. 6. ADMINISTRATION.
(a) In General.--The Secretary shall administer all lands, waters,
and interests therein acquired under this Act in accordance with the
National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et
seq.). The Secretary may use such additional statutory authority as may
be available for the conservation of fish and wildlife, and the
provision of fish- and wildlife-oriented recreational opportunities as
the Secretary considers appropriate to carry out the purposes of this
Act.
(b) Priority Uses.--In providing opportunities for compatible fish-
and wildlife-oriented recreation, the Secretary, in accordance with
paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure
that hunting, fishing, wildlife observation and photography, and
environmental education and interpretation are the priority public uses
of the Refuge.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior--
(1) such funds as may be necessary for the acquisition of lands
and waters designated in section 5(c); and
(2) such funds as may be necessary for the development,
operation, and maintenance of the Refuge.
SEC. 8. DESIGNATION OF HERBERT H. BATEMAN EDUCATION AND ADMINISTRATIVE
CENTER.
(a) In General.--A building proposed to be located within the
boundaries of the Chincoteague National Wildlife Refuge, on Assateague
Island, Virginia, shall be known and designated as the ``Herbert H.
Bateman Education and Administrative Center''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the Herbert H.
Bateman Education and Administrative Center.
SEC. 9. TECHNICAL CORRECTIONS.
(a) Effective on the day after the date of the enactment of the Act
entitled, ``An Act to reauthorize the Junior Duck Stamp Conservation
and Design Program Act of 1994'' (106th Congress), section 6 of the
Junior Duck Stamp Conservation and Design Program Act of 1994 (16
U.S.C. 668dd note; Public Law 103-340), relating to an environmental
education center and refuge, is redesignated as section 7.
(b) Effective on the day after the date of the enactment of the
Cahaba River National Wildlife Refuge Establishment Act (106th
Congress), section 6 of that Act is amended--
(1) in paragraph (2), by striking ``the Endangered Species Act
of 1973 (16 U.S.C. 1331 et seq.)'' and inserting ``the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.)''; and
(2) in paragraph (3), by striking ``section 4(a)(3) and (4) of
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668ee(a)(3), (4))'' and inserting ``paragraphs (3) and (4)
of section 4(a) of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd(a))''.
(c) Effective on the day after the date of the enactment of the Red
River National Wildlife Refuge Act (106th Congress), section 4(b)(2)(D)
of that Act is amended by striking ``section 4(a)(3) and (4) of the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668ee(a)(3), (4))'' and inserting ``paragraphs (3) and (4) of section
4(a) of the National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd(a))''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary, in providing opportunities for compatible fish- and wildlife-oriented recreation on the Refuge, to ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge.
Authorizes appropriations.
Designates a building proposed to be located within the Chincoteague National Wildlife Refuge on Assateague Island, Virginia, as the Herbert H. Bateman Education And Administrative Center. | {"src": "billsum_train", "title": "Cat Island National Wildlife Refuge Establishment Act"} | 1,734 | 98 | 0.375691 | 1.117988 | 0.223682 | 5.443038 | 19.594937 | 0.962025 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Mental Health Research Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 100 million Americans currently have some
sort of brain-related condition. Millions of Americans, many of
whom are currently school children, have some sort of
developmental delay, autism, or learning disability.
(2) Moreover, many Americans suffer from some form of
psychotic disorder, including schizophrenia and affective
psychotic disorders.
(3) These brain disorders usually result in significant
life-long disability, and psychotic disorders in particular,
despite advances in treatment, rank among the top causes of
disability worldwide.
(4) Neuroscience research has the potential to dramatically
improve the quality of life for people facing brain disease and
injury, and to significantly improve our understanding of
learning.
(5) Because of the impact on the health and economy of the
country, the Federal Government has taken a special interest in
promoting neuroscience and mental health research. Several
Federal agencies, including the National Science Foundation,
National Institutes of Health (NIH), Veterans Administration,
and Department of Defense oversee research on the brain and
nervous system.
(6) In December 2011, Congress directed the Office of
Science and Technology Policy to establish an Interagency
Working Group on Neuroscience (IWGN). The IWGN is currently
convening representatives across the Federal Government to make
recommendations about the future of neuroscience research.
(7) Given the findings about the role of mental illness in
multiple shootings across the Nation, including Newton,
Connecticut, Aurora, Colorado, and other communities
experiencing similar tragedies, the Federal Government has an
interest in pursuing research on the early detection,
intervention, and prevention of psychosis.
(8) In line with this, the Federal Government is looking
for new ways of increasing the Nation's knowledge of the
underlying causes of psychosis.
(9) The United States commitment to furthering the early
detection of mental illness in youth was seen in its
participation in two public/private research programs that
studied the earliest stages of psychotic illness, namely--
(A) the North American Prodrome Longitudinal Study
(NAPLS); and
(B) the Recovery After an Initial Schizophrenia
Episode (RAISE) initiative.
SEC. 3. YOUTH MENTAL HEALTH RESEARCH NETWORK.
(a) Youth Mental Health Research Network.--
(1) Network.--The Director of the National Institutes of
Health may provide for the establishment of a Youth Mental
Health Research Network for the conduct or support of--
(A) youth mental health research; and
(B) youth mental health intervention services.
(2) Collaboration by institutes and centers.--The Director
of NIH shall carry out this Act acting--
(A) through the Director of the National Institute
of Mental Health; and
(B) in collaboration with other appropriate
national research institutes and national centers that
carry out activities involving youth mental health
research.
(3) Mental health research.--
(A) In general.--In carrying out paragraph (1), the
Director of NIH may award cooperative agreements,
grants, and contracts to State, local, and tribal
governments and private nonprofit entities for--
(i) conducting, or entering into consortia
with other entities to conduct--
(I) basic, clinical, behavioral, or
translational research to meet unmet
needs for youth mental health research;
or
(II) training for researchers in
youth mental health research
techniques;
(ii) providing, or partnering with non-
research institutions or community-based groups
with existing connections to youth to provide,
youth mental health intervention services; and
(iii) collaborating with the National
Institute of Mental Health to make use of, and
build on, the scientific findings and clinical
techniques of the Institute's earlier programs,
studies, and demonstration projects.
(B) Research.--The Director of NIH shall ensure
that--
(i) each recipient of an award under
subparagraph (A)(i) conducts or supports at
least one category of research described in
subparagraph (A)(i)(I) and collectively such
recipients conduct or support all such
categories of research; and
(ii) one or more such recipients provide
training described in subparagraph (A)(i)(II).
(C) Number of award recipients.--The Director of
NIH may make awards under this paragraph for not more
than 70 entities.
(D) Supplement, not supplant.--Any support received
by an entity under subparagraph (A) shall be used to
supplement, and not supplant, other public or private
support for activities authorized to be supported under
this paragraph.
(E) Duration of support.--Support of an entity
under subparagraph (A) may be for a period of not to
exceed 5 years. Such period may be extended by the
Director of NIH for additional periods of not more than
5 years.
(4) Coordination.--The Director of NIH shall--
(A) as appropriate, provide for the coordination of
activities (including the exchange of information and
regular communication) among the recipients of awards
under this subsection; and
(B) require the periodic preparation and submission
to the Director of reports on the activities of each
such recipient.
(b) Intervention Services for, and Research on, Severe Mental
Illness.--
(1) In general.--In making awards under subsection (a)(3),
the Director of NIH shall ensure that an appropriate number of
such awards are awarded to entities that agree to--
(A) focus primarily on the early detection and
intervention of severe mental illness in young people;
(B) conduct or coordinate one or more multisite
clinical trials of therapies for, or approaches to, the
prevention, diagnosis, or treatment of early severe
mental illness in a community setting;
(C) rapidly and efficiently disseminate scientific
findings resulting from such trials; and
(D) adhere to the guidelines, protocols, and
practices used in the North American Prodrome
Longitudinal Study (NAPLS) and the Recovery After an
Initial Schizophrenia Episode (RAISE) initiative.
(2) Data coordinating center.--
(A) Establishment.--In connection with awards to
entities described in paragraph (1), the Director of
NIH shall establish a data coordinating center for the
following purposes:
(i) To distribute the scientific findings
referred to in paragraph (1)(C).
(ii) To provide assistance in the design
and conduct of collaborative research projects
and the management, analysis, and storage of
data associated with such projects.
(iii) To organize and conduct multisite
monitoring activities.
(iv) To provide assistance to the Centers
for Disease Control and Prevention in the
establishment of patient registries.
(B) Reporting.--The Director of NIH shall--
(i) require the data coordinating center
established under subparagraph (A) to provide
regular reports to the Director of NIH on
research conducted by entities described in
paragraph (1), including information on
enrollment in clinical trials and the
allocation of resources with respect to such
research; and
(ii) as appropriate, incorporate
information reported under clause (i) into the
Director's biennial reports under section 403
of the Public Health Service Act (42 U.S.C.
283).
(c) Definitions.--In this Act, the terms ``Director of NIH'',
``national center'', and ``national research institute'' have the
meanings given to such terms in section 401 of the Public Health
Service Act (42 U.S.C. 281).
(d) Authorization of Appropriations.--To carry out this Act, there
is authorized to be appropriated $25,000,000 for each of fiscal years
2015 through 2019. | Youth Mental Health Research Act - Authorizes the Director of the National Institutes of Health (NIH) to: (1) provide for the establishment of a Youth Mental Health Research Network for the conduct or support of youth mental health research and intervention services; and (2) carry out this Act by acting through the Director of the National Institute of Mental Health (NIMH) (the Director) in collaboration with other national research institutes and centers that conduct youth mental health research. Authorizes the Director to award cooperative agreements, grants, and contracts to governments and private nonprofit entities for: (1) conducting research to meet unmet needs for youth mental health research or training for researchers in youth mental health research techniques; (2) providing youth mental health intervention services; and (3) collaborating with NIMH to build on the scientific findings and clinical techniques of earlier programs, studies, and demonstration projects. Limits: (1) the number of entities that may be awarded support to 70; and (2) the duration of such support to 5 years, subject to an extension. Requires the Director to ensure that an appropriate number of awards go to entities that agree to: (1) focus primarily on the early detection and intervention of severe mental illness in young people; (2) conduct or coordinate multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of early severe mental illness in a community setting; (3) disseminate scientific findings; and (4) adhere to the guidelines, protocols, and practices used in the North American Prodrome Longitudinal Study (NAPLS) and the Recovery After an Initial Schizophrenia Episode (RAISE) initiative. Requires the Director to: (1) establish a data coordinating center, (2) require the center to provide regular reports on research conducted, and (3) incorporate information reported into the Director of NIH's biennial reports. | {"src": "billsum_train", "title": "Youth Mental Health Research Act"} | 1,666 | 393 | 0.576514 | 1.964638 | 0.73352 | 4.578082 | 4.309589 | 0.967123 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Interstate Abortion
Notification Act''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
Title 18, United States Code, is amended by inserting after chapter
117 the following:
``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION
``Sec.
``2431. Transportation of minors in circumvention of certain laws
relating to abortion.
``2432. Transportation of minors in circumvention of certain laws
relating to abortion.
``Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
``(a) Offense.--
``(1) Generally.--Except as provided in subsection (b),
whoever knowingly transports a minor across a State line, with
the intent that such minor obtain an abortion, and thereby in
fact abridges the right of a parent under a law requiring
parental involvement in a minor's abortion decision, in force
in the State where the minor resides, shall be fined under this
title or imprisoned not more than one year, or both.
``(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent occurs if an abortion is
performed or induced on the minor, in a State or a foreign
nation other than the State where the minor resides, without
the parental consent or notification, or the judicial
authorization, that would have been required by that law had
the abortion been performed in the State where the minor
resides.
``(b) Exceptions.--
``(1) The prohibition of subsection (a) does not apply if
the abortion was necessary to save the life of the minor
because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself.
``(2) A minor transported in violation of this section, and
any parent of that minor, may not be prosecuted or sued for a
violation of this section, a conspiracy to violate this
section, or an offense under section 2 or 3 of this title based
on a violation of this section.
``(c) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant--
``(1) reasonably believed, based on information the
defendant obtained directly from a parent of the minor, that
before the minor obtained the abortion, the parental consent or
notification took place that would have been required by the
law requiring parental involvement in a minor's abortion
decision, had the abortion been performed in the State where
the minor resides; or
``(2) was presented with documentation showing with a
reasonable degree of certainty that a court in the minor's
State of residence waived any parental notification required by
the laws of that State, or otherwise authorized that the minor
be allowed to procure an abortion.
``(d) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action
unless the parent has committed an act of incest with the minor subject
to subsection (a).
``(e) Definitions.--For the purposes of this section--
``(1) the term `abortion' means the use or prescription of
any instrument, medicine, drug, or any other substance or
device intentionally to terminate the pregnancy of a female
known to be pregnant, with an intention other than to increase
the probability of a live birth, to preserve the life or health
of the child after live birth, to terminate an ectopic
pregnancy, or to remove a dead unborn child who died as the
result of a spontaneous abortion, accidental trauma or a
criminal assault on the pregnant female or her unborn child;
``(2) the term a `law requiring parental involvement in a
minor's abortion decision' means a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court; and
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity who
is not described in that subparagraph;
``(3) the term `minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or proceedings in a State court, under the law
requiring parental involvement in a minor's abortion decision;
``(4) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) a person standing in loco parentis who has
care and control of the minor, and with whom the minor
regularly resides, who is designated by the law
requiring parental involvement in the minor's abortion
decision as a person to whom notification, or from whom
consent, is required; and
``(5) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States, and any Indian tribe or reservation.
``Sec. 2432. Transportation of minors in circumvention of certain laws
relating to abortion
``Notwithstanding section 2431(b)(2), whoever has committed an act
of incest with a minor and knowingly transports the minor across a
State line with the intent that such minor obtain an abortion, shall be
fined under this title or imprisoned not more than one year, or both.
For the purposes of this section, the terms `State', `minor', and
`abortion' have, respectively, the definitions given those terms in
section 2435.''.
SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION.
Title 18, United States Code, is amended by inserting after chapter
117A the following:
``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION
``Sec.
``2435. Child interstate abortion notification.
``Sec. 2435. Child interstate abortion notification
``(a) Offense.--
``(1) Generally.--A physician who knowingly performs or
induces an abortion on a minor in violation of the requirements
of this section shall be fined under this title or imprisoned
not more than one year, or both.
``(2) Parental notification.--A physician who performs or
induces an abortion on a minor who is a resident of a State
other than the State in which the abortion is performed must
provide, or cause his or her agent to provide, at least 24
hours actual notice to a parent of the minor before performing
the abortion. If actual notice to such parent is not possible
after a reasonable effort has been made, at least 24 hours
constructive notice must be given to a parent before the
abortion is performed.
``(b) Exceptions.--The notification requirement of subsection
(a)(2) does not apply if--
``(1) the abortion is performed or induced in a State that
has, in force, a law requiring parental involvement in a
minor's abortion decision and the physician complies with the
requirements of that law;
``(2) the physician is presented with documentation showing
with a reasonable degree of certainty that a court in the
minor's State of residence has waived any parental notification
required by the laws of that State, or has otherwise authorized
that the minor be allowed to procure an abortion;
``(3) the minor declares in a signed written statement that
she is the victim of sexual abuse, neglect, or physical abuse
by a parent, and, before an abortion is performed on the minor,
the physician notifies the authorities specified to receive
reports of child abuse or neglect by the law of the State in
which the minor resides of the known or suspected abuse or
neglect;
``(4) the abortion is necessary to save the life of the
minor because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself, but an exception under this paragraph does
not apply unless the attending physician or an agent of such
physician, within 24 hours after completion of the abortion,
notifies a parent in writing that an abortion was performed on
the minor and of the circumstances that warranted invocation of
this paragraph; or
``(5) the minor is physically accompanied by a person who
presents the physician or his agent with documentation showing
with a reasonable degree of certainty that he or she is in fact
the parent of that minor.
``(c) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action
unless the parent has committed an act of incest with the minor subject
to subsection (a).
``(d) Definitions.--For the purposes of this section--
``(1) the term `abortion' means the use or prescription of
any instrument, medicine, drug, or any other substance or
device intentionally to terminate the pregnancy of a female
known to be pregnant, with an intention other than to increase
the probability of a live birth, to preserve the life or health
of the child after live birth, to terminate an ectopic
pregnancy, or to remove a dead unborn child who died as the
result of a spontaneous abortion, accidental trauma, or a
criminal assault on the pregnant female or her unborn child;
``(2) the term `actual notice' means the giving of written
notice directly, in person, by the physician or any agent of
the physician;
``(3) the term `constructive notice' means notice that is
given by certified mail, return receipt requested, restricted
delivery to the last known address of the person being
notified, with delivery deemed to have occurred 48 hours
following noon on the next day subsequent to mailing on which
regular mail delivery takes place, days on which mail is not
delivered excluded;
``(4) the term a `law requiring parental involvement in a
minor's abortion decision' means a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court;
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity who
is not described in that subparagraph;
``(5) the term `minor' means an individual who is not older
than 18 years and who is not emancipated under the law of the
State in which the minor resides;
``(6) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) a person standing in loco parentis who has
care and control of the minor, and with whom the minor
regularly resides;
as determined by State law;
``(7) the term `physician' means a doctor of medicine
legally authorized to practice medicine by the State in which
such doctor practices medicine, or any other person legally
empowered under State law to perform an abortion; and
``(8) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States, and any Indian tribe or reservation.''.
SEC. 4. CLERICAL AMENDMENT.
The table of chapters at the beginning of part I of title 18,
United States Code, is amended by inserting after the item relating to
chapter 117 the following new items:
``117A. Transportation of minors in circumvention of certain 2431
laws relating to abortion.
``117B. Child interstate abortion notification.............. 2435''.
SEC. 5. SEVERABILITY AND EFFECTIVE DATE.
(a) The provisions of this Act shall be severable. If any provision
of this Act, or any application thereof, is found unconstitutional,
that finding shall not affect any provision or application of the Act
not so adjudicated.
(b) This Act and the amendments made by this Act shall take effect
45 days after the date of enactment of this Act. | Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to save the life of the minor.
Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion.
Authorizes any parent who suffers harm from a violation of such prohibition to obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor.
Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, terminate an ectopic pregnancy, or remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child.
Imposes a fine and/or prison term of up to one year on anyone who has committed an act of incest with a minor and knowingly transports the minor across a state line with the intent that such minor obtain an abortion.
Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion, except where: (1) the abortion is performed or induced in a state that has in force a law requiring parental involvement in a minor's abortion decision and the physician complies with such law; (2) the physician is presented with documentation showing that a court in the minor's state of residence has waived any required parental notification or has otherwise authorized the minor to procure an abortion; (3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent and, before an abortion is performed, the physician notifies the authorities of the state in which the minor resides of the known or suspected abuse or neglect; (4) the abortion is necessary to save the life of the minor, provided the attending physician, within 24 hours after completion of the abortion, notifies a parent in writing that the abortion was performed and of the circumstances that warranted it; or (5) the minor is accompanied by a person who presents documentation that he or she is the minor's parent. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions."} | 2,817 | 639 | 0.606222 | 1.963389 | 0.837784 | 5.654676 | 4.679856 | 0.92446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Terror-Free Skies Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Iran is designated as the world's foremost state
sponsor of terrorism and a direct threat to the national
security of the United States and United States allies.
(2) Iran, through its Islamic Revolutionary Guard Corps (in
this section referred to as the ``IRGC''), provides material
and financial support to foreign terrorist organizations,
including Hamas, Hezbollah, and Kata'ib Hezbollah, as well as
to the regime of Bashar al-Assad in Syria, which is responsible
for more than 400,000 civilian deaths.
(3) Iran has systematically employed its national air
carrier, Iran Air, as well as numerous private and publicly
owned Iranian and Syrian air carriers, including Mahan Air, to
ferry weapons, troops, and military equipment on behalf of the
IRGC and Iran's Ministry of Defense and Armed Forces Logistics
(in this section referred to as ``MODAFL'') to foreign
terrorist organizations and rogue regimes around the world.
(4) On June 23, 2011, the United States Department of the
Treasury designated Iran Air for the imposition of sanctions
pursuant to Executive Order 13382 (50 U.S.C. 1701 note;
relating to blocking property of weapons of mass destruction
delivery system proliferators and their supporters) for
providing material support and services to the IRGC, including
shipping military-related equipment on behalf of the IRGC since
2006 and transporting rockets or missiles to Syria.
(5) On January 16, 2016, Iran Air was removed from the list
of specially designated nationals and blocked persons by the
Department of the Treasury even though Iran Air had not ceased
its illicit and sanctionable activity.
(6) Iran Air remains owned and operated by the Government
of Iran and has, since January 16, 2016, flown numerous
unscheduled flights on well-known weapons supply routes between
Iran and Syria.
(7) In correspondence with Members of Congress, the
Secretary of the Treasury has refused to confirm that Iran Air
has ceased its illicit activity. In a November 23, 2016, letter
to Representative Peter Roskam, Thomas Patrick Maloney, Senior
Advisor in the Office of Legislative Affairs of the Department
of the Treasury wrote: ``The United States retains the ability
to designate any individual or entity that engages in
sanctionable activities under our authorities targeting conduct
outside the scope of the JCPOA, including Iran's support for
terrorism, human rights abuses, ballistic missile program, and
other destabilizing activities in the region.''.
(8) Evidence supports that, despite being removed from the
list of specially designated nationals and blocked persons on
January 16, 2016, Iran Air has continued its illicit and
sanctionable activity in support of the IRGC, MODAFL,
Hezbollah, and the Bashar al-Assad regime since January 16,
2016.
SEC. 3. REPORT ON USE BY THE GOVERNMENT OF IRAN OF COMMERCIAL AIRCRAFT
AND RELATED SERVICES FOR ILLICIT MILITARY OR OTHER
ACTIVITIES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the President, in
consultation with the Secretary of Defense, the Secretary of State, and
the Director of National Intelligence, shall submit to the appropriate
congressional committees a report on use by the Government of Iran of
commercial aircraft and related services for illicit military or other
activities during--
(1) in the case of the first report, the 5-year period
preceding submission of the report; and
(2) in the case of any subsequent report, the 180-day
period preceding submission of the report.
(b) Elements of Report.--The report required under subsection (a)
shall include a description of the extent to which--
(1) the Government of Iran has used commercial aircraft,
including aircraft of Iran Air, or related services to
transport illicit cargo to or from Iran, including military
goods, weapons, military personnel, military-related electronic
parts and mechanical equipment, or rocket or missile
components;
(2) the commercial aviation sector of Iran, including Iran
Air, has provided financial, material, or technological support
to the Islamic Revolutionary Guard Corps, Iran's Ministry of
Defense and Armed Forces Logistics, the regime of Bashar al-
Assad in Syria, Hezbollah, Hamas, Kata'ib Hezbollah, any other
organization designated as a foreign terrorist organization
under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189), or any person on the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury; and
(3) foreign governments and persons have facilitated the
activities described in paragraph (1), including allowing the
use of airports, services, or other resources.
(c) Effect of Determination.--If, in a report submitted under this
section, the President determines that Iran Air or any other Iranian
commercial air carrier has used commercial aircraft for illicit
military purposes on or after January 16, 2016, the President shall,
not later than 90 days after making that determination, include the air
carrier on the list of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets Control of the
Department of the Treasury.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 4. SUNSET.
This Act shall cease to be effective on the date that is 30 days
after the date on which the President certifies to Congress that the
Government of Iran has ceased providing support for acts of
international terrorism. | Iran Terror-Free Skies Act of 2017 This bill requires the President to report to specified congressional committees every 180 days on the Iranian government's use of commercial aircraft and related services for illicit military or other activities during: (1) the preceding five years, for the first report; and (2) the preceding 180 days, for any subsequent report. Such reports shall describe the extent to which: Iran's government has used commercial aircraft, including Iran Air, or related services to transport illicit cargo to or from Iran, including military goods, weapons, personnel, electronic parts and mechanical equipment, or rocket or missile components; the commercial aviation sector of Iran has provided support to the Islamic Revolutionary Guard Corps, Iran's Ministry of Defense and Armed Forces Logistics, the Bashar al Assad Regime in Syria, Hezbollah, Hamas, Kata'ib Hezbollah, any other organization designated as a foreign terrorist organization under the Immigration and Nationality Act, or any person on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control; and foreign governments and persons have facilitated such activities. If the President determines in such a report that any Iranian commercial air carrier has used commercial aircraft for illicit military purposes on or after January 16, 2016, the President shall include the air carrier on such list. This bill shall cease to be effective 30 days after the President certifies that the Iranian government has ceased providing support for acts of international terrorism. | {"src": "billsum_train", "title": "Iran Terror-Free Skies Act of 2017"} | 1,314 | 319 | 0.632498 | 2.0537 | 0.69121 | 5.465278 | 4.267361 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sikes Act Amendments Act of 2010''.
SEC. 2. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED FOR
THE NATIONAL DEFENSE.
(a) Improvements to Act.--The Sikes Act (16 U.S.C. 670 et seq.) is
amended as follows:
(1) Definitions.--Section 100 (16 U.S.C. 670) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (1) the following
new paragraphs:
``(2) State.--The term `State' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands.
``(3) State-owned national guard installation.--The term
`State-owned National Guard installation' means land owned and
operated by a State when such land is used for training the
National Guard pursuant to chapter 5 of title 32, United State
Code, with funds provided by the Secretary of Defense or the
Secretary of a military department, even though such land is
not under the jurisdiction of the Department of Defense.''.
(2) Funding of integrated natural resources management
plans.--Section 101 (16 U.S.C. 670a) is amended--
(A) in subsection (a)(1)(B)--
(i) by inserting ``(i)'' before ``To
facilitate''; and
(ii) by adding at the end the following new
clause:
``(ii) The Secretary of a military department may,
subject to the availability of appropriations, develop
and implement an integrated natural resources
management plan for a State-owned National Guard
installation. Such a plan shall be developed and
implemented in coordination with the chief executive
officer of the State in which the State-owned National
Guard installation is located.'';
(B) in subsection (a)(2), by inserting ``or State-
owned National Guard installation'' after ``military
installation'' both places it appears;
(C) in subsection (a)(3)--
(i) by striking ``and'' at the end of
subparagraph (B);
(ii) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(D) the conservation and rehabilitation of
natural resources on State-owned National Guard
installations and sustainable multipurpose use of the
natural resources on those installations.'';
(D) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively; and
(E) by inserting after subsection (b) the following
new subsection (c):
``(c) Required Elements of Plans for State-Owned National Guard
Installations.--Each integrated natural resources management plan for a
State-owned National Guard installation that is prepared under
subsection (a)(1)(B)(ii)--
``(1) shall, to the extent appropriate and applicable,
provide for the same matters for the installation as are
required under subsection (c)(1) for a military installation;
and
``(2) must be reviewed as to operation and effect by the
parties thereto on a regular basis, but not less often than
every 5 years.''.
(3) Cooperative agreements.--Section 103a(a) (16 U.S.C.
670c-1(a)) is amended--
(A) in paragraph (1), by inserting ``and State-
owned National Guard installations'' after ``military
installations''; and
(B) in paragraph (2), by inserting ``or State-owned
National Guard installations'' after ``military
installation''.
(b) Expansion and Extension of Invasive Species Management Pilot
Program.--Subsection (g) of section 101 of such Act (16 U.S.C. 670a) is
amended--
(1) in the subsection heading--
(A) by striking ``Pilot Program''; and
(B) by striking ``in Guam''; and
(2) in paragraph (1)--
(A) by striking ``During fiscal years 2009 through
2014, the'' and inserting ``The''; and
(B) by striking ``in Guam''.
(c) Section and Subsection Headings.--Such Act is further amended
as follows:
(1) Section 101 (16 U.S.C. 670a) is amended--
(A) by inserting at the beginning the following:
``SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.'';
(B) by striking ``Sec. 101.'';
(C) in subsection (d), as redesignated by
subsection (a)(2)(D) of this section, by inserting
``Prohibitions on Sale and Lease of Lands Unless
Effects Compatible With Plan.--'' after ``(d)'';
(D) in subsection (e), as redesignated by
subsection (a)(2)(D) of this section, by inserting
``Implementation and Enforcement of Integrated Natural
Resources Management Plans.--'' after ``(e)''; and
(E) in subsection (f), as redesignated by
subsection (a)(2)(D) of this section--
(i) by inserting ``Applicability of Other
Laws.--'' after ``(f)''; and
(ii) by inserting a comma after ``Code''.
(2) Section 102 (16 U.S.C. 670b) is amended--
(A) by inserting at the beginning the following:
``SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.'';
(B) by striking ``Sec. 102.'' and inserting ``(a)
Integrated Natural Resources Management Plan.--''; and
(C) by striking ``agency:'' and all that follows
through ``possession'' and inserting ``agency.
``(b) Applicability of Other Laws.--Possession''.
(3) Section 103a (16 U.S.C. 670c-1) is further amended--
(A) by inserting at the beginning the following:
``SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT
ON INSTALLATIONS.'';
(B) by striking ``Sec. 103a.'';
(C) in subsection (a), by inserting ``Authority of
Secretary of Military Department.--'' after ``(a)'';
and
(D) in subsection (c), by inserting ``Availability
of Funds; Agreements Under Other Laws.--'' after
``(c)''.
(4) Section 104 (16 U.S.C. 670d) is amended--
(A) by inserting at the beginning the following:
``SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER GENERAL.'';
and
(B) by striking ``Sec. 104.''.
(5) Section 105 (16 U.S.C. 670e) is amended--
(A) by inserting at the beginning the following:
``SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS.'';
and
(B) by striking ``Sec. 105.''.
(6) Section 108 (16 U.S.C. 670f) is amended--
(A) by inserting at the beginning the following:
``SEC. 108. APPROPRIATIONS AND EXPENDITURES.'';
(B) by striking ``Sec. 108.'';
(C) in subsection (a), by inserting ``Expenditures
of Collected Funds Under Integrated Natural Resources
Management Plans.--'' after ``(a)'';
(D) in subsection (b), by inserting ``Authorization
of Appropriations to Secretary of Defense.--'' after
``(b)'';
(E) in subsection (c), by inserting ``Authorization
of Appropriations to Secretary of the Interior.--''
after ``(c)''; and
(F) in subsection (d), by inserting ``Use of Other
Conservation or Rehabilitation Authorities.--'' after
``(d)''.
(7) Section 201 (16 U.S.C. 670g) is amended--
(A) by inserting at the beginning the following:
``SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND REHABILITATION
PROGRAMS.'';
(B) by striking ``Sec. 201.'';
(C) in subsection (a), by inserting ``Programs
Required.--'' after ``(a)''; and
(D) in subsection (b), by inserting
``Implementation of Programs.--'' after ``(b)''.
(8) Section 202 (16 U.S.C. 670h) is amended--
(A) by inserting at the beginning the following:
``SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION
PROGRAMS.'';
(B) by striking ``Sec. 202.'';
(C) in subsection (a), by inserting ``Development
of Plans.--'' after ``(a)'';
(D) in subsection (b), by inserting ``Consistency
With Overall Land Use and Management Plans; Hunting,
Trapping, and Fishing.--'' after ``(b)'';
(E) in subsection (c), by inserting ``Cooperative
Agreements By State Agencies for Implementation of
Programs.--'' after ``(c)''; and
(F) in subsection (d), by inserting ``State Agency
Agreements Not Cooperative Agreements Under Other
Provisions.--'' after ``(d)''.
(9) Section 203 (16 U.S.C. 670i) is amended--
(A) by inserting at the beginning the following:
``SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, TRAPPING,
AND FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS.'';
(B) by striking ``Sec. 203.'';
(C) in subsection (a), by inserting ``Agreements To
Require Stamps.--'' after ``(a)''; and
(D) in subsection (b)--
(i) by inserting ``Conditions for
Agreements.--'' after (b); and
(ii) by moving paragraph (3) 2 ems to the
right, so that the left-hand margin aligns with
that of paragraph (2).
(10) Section 204 (16 U.S.C. 670j) is amended--
(A) by inserting at the beginning the following:
``SEC. 204. ENFORCEMENT PROVISIONS.'';
(B) by striking ``Sec. 204.'';
(C) in subsection (a), by inserting ``Violations
and Penalties.--'' after ``(a)'';
(D) in subsection (b), by inserting ``Enforcement
Powers and Proceedings.--'' after ``(b)'';
(E) in subsection (c), by inserting ``Seizure and
Forfeiture.--'' after ``(c)''; and
(F) in subsection (d), by inserting ``Applicability
of Customs Laws.--'' after ``(d)''.
(11) Section 205 (16 U.S.C. 670k) is amended--
(A) by inserting at the beginning the following:
``SEC. 205. DEFINITIONS.'';
and
(B) by striking ``Sec. 205.''.
(12) Section 206 (16 U.S.C. 670l) is amended--
(A) by inserting at the beginning the following:
``SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST SERVICE AND
BUREAU OF LAND MANAGEMENT LANDS; AUTHORIZED FEES.'';
and
(B) by striking ``Sec. 206.''.
(13) Section 207 (16 U.S.C. 670m) is amended--
(A) by inserting at the beginning the following:
``SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGULATING
INDIAN RIGHTS.'';
and
(B) by striking ``Sec. 207.''.
(14) Section 209 (16 U.S.C. 670o) is amended--
(A) by inserting at the beginning the following:
``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.'';
(B) by striking ``Sec. 209.'';
(C) in subsection (a), by inserting ``Functions and
Responsibilities of Secretary of the Interior.--''
after ``(a)'';
(D) in subsection (b), by inserting ``Functions and
Responsibilities of Secretary of Agriculture.--'' after
``(b)'';
(E) in subsection (c), by inserting ``Use of Other
Conservation or Rehabilitation Authorities.--'' after
``(c)''; and
(F) in subsection (d), by inserting ``Contract
Authority.--'' after ``(d)''.
(d) Codification of Change of Name.--Section 204(b) of such Act (16
U.S.C. 670j) is amended by striking ``magistrate'' both places it
appears and inserting ``magistrate judge''.
(e) Repeal of Obsolete Section.--Section 208 of such Act is
repealed, and section 209 of such Act (16 U.S.C. 670o) is redesignated
as section 208. | Sikes Act Amendments Act of 2010 - Amends the Sikes Act (conservation programs on military installations and facilities) to include under such Act's coverage state-owned facilities used for National Guard training.
Authorizes the Secretary of a military department to develop and implement an integrated natural resources management plan for a state-owned National Guard installation. Outlines plan elements and requires such plans to be reviewed at least every five years.
Makes permanent and expands (under current law, a pilot program for FY2009-FY2014 limited to Guam) the program for invasive species management for military installations. | {"src": "billsum_train", "title": "To amend the Sikes Act to improve natural resources management planning for State-owned facilities used for the national defense, and for other purposes."} | 3,427 | 132 | 0.565499 | 1.458437 | 0.663402 | 2.873874 | 24.423423 | 0.855856 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Craft Beverage Bond Simplification
Act of 2015''.
SEC. 2. REMOVAL OF BOND REQUIREMENTS AND EXTENDING FILING PERIODS FOR
CERTAIN TAXPAYERS WITH LIMITED EXCISE TAX LIABILITY.
(a) Filing Requirements.--Paragraph (4) of section 5061(d) of the
Internal Revenue Code of 1986 is amended--
(1) in subparagraph (A)--
(A) by striking ``In the case of'' and inserting
the following:
``(i) More than $1,000 and not more than
$50,000 in taxes.--Except as provided in clause
(ii), in the case of'',
(B) by striking ``under bond for deferred
payment'', and
(C) by adding at the end the following new clause:
``(ii) Not more than $1,000 in taxes.--In
the case of any taxpayer who reasonably expects
to be liable for not more than $1,000 in taxes
imposed with respect to distilled spirits,
wines, and beer under subparts A, C, and D and
section 7652 for the calendar year and who was
liable for not more than $1,000 in such taxes
in the preceding calendar year, the last day
for the payment of tax on withdrawals,
removals, and entries (and articles brought
into the United States from Puerto Rico) shall
be the 14th day after the last day of the
calendar year.'', and
(2) in subparagraph (B)--
(A) by striking ``Subparagraph (A)'' and inserting
the following:
``(i) Exceeds $50,000 limit.--Subparagraph
(A)(i)'', and
(B) by adding at the end the following new clause:
``(ii) Exceeds $1,000 limit.--Subparagraph
(A)(ii) shall not apply to any taxpayer for any
portion of the calendar year following the
first date on which the aggregate amount of tax
due under subparts A, C, and D and section 7652
from such taxpayer during such calendar year
exceeds $1,000, and any tax under such subparts
which has not been paid on such date shall be
due on the 14th day after the last day of the
calendar quarter in which such date occurs.''.
(b) Bond Requirements.--
(1) In general.--Section 5551 of such Code is amended--
(A) in subsection (a), by striking ``No
individual'' and inserting ``Except as provided under
subsection (d), no individual'', and
(B) by adding at the end the following new
subsection:
``(d) Removal of Bond Requirements.--
``(1) In general.--During any period to which subparagraph
(A) of section 5061(d)(4) applies to a taxpayer (determined
after application of subparagraph (B) thereof), such taxpayer
shall not be required to furnish any bond covering operations
or withdrawals of distilled spirits, wines, or beer.
``(2) Satisfaction of bond requirements.--Any taxpayer for
any period described in paragraph (1) shall be treated as if
sufficient bond has been furnished for purposes of covering
operations and withdrawals of distilled spirits, wines, or beer
for purposes of any requirements relating to bonds under this
chapter.''.
(2) Conforming amendments.--
(A) Bonds for distilled spirits plants.--Section
5173(a) of such Code is amended--
(i) in paragraph (1), by striking ``No
person'' and inserting ``Except as provided
under section 5551(d), no person'', and
(ii) in paragraph (2), by striking ``No
distilled spirits'' and inserting ``Except as
provided under section 5551(d), no distilled
spirits''.
(B) Bonded wine cellars.--Section 5351 of such Code
is amended--
(i) by striking ``Any person'' and
inserting the following:
``(a) In General.--Any person'',
(ii) by inserting ``, except as provided
under section 5551(d),'' before ``file bond'',
(iii) by striking ``Such premises shall''
and all that follows through the period, and
(iv) by adding at the end the following new
subsection:
``(b) Definitions.--For purposes of this chapter--
``(1) Bonded wine cellar.--The term `bonded wine cellar'
means any premises described in subsection (a), including any
such premises established by a taxpayer described in section
5551(d).
``(2) Bonded winery.--At the discretion of the Secretary,
any bonded wine cellar that engages in production operations
may be designated as a `bonded winery'.''.
(C) Bonds for breweries.--Section 5401 of such Code
is amended by adding at the end the following new
subsection:
``(c) Exception From Bond Requirements for Certain Breweries.--
Subsection (b) shall not apply to any taxpayer for any period described
in section 5551(d).''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 90 days after the date of the enactment of
this Act. | Craft Beverage Bond Simplification Act of 2015 This bill allows taxpayers who are liable for not more than $50,000 per year in excise taxes on distilled spirits, wine, or beer to file and pay such taxes quarterly without the requirement to post a bond covering the operations and withdrawals of such distilled spirits, wines, or beer. The bill also allows such a taxpayer who reasonably expects to have a tax liability of not more than $1,000 per year and who was liable for not more than $1,000 in taxes in the preceding calendar year to file and pay such taxes annually rather than quarterly. | {"src": "billsum_train", "title": "Craft Beverage Bond Simplification Act of 2015"} | 1,230 | 127 | 0.574813 | 1.609163 | 0.607392 | 3.184211 | 9.245614 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communities Combating College
Drinking and Drug Use Act''.
SEC 2. FINDINGS.
Congress makes the following findings:
(1) Alcohol is by far the drug most widely used and abused
by young people in the United States.
(2)(A) In 2003, it is illegal for youths under the age of
21 to purchase alcohol in all of the 50 States and the District
of Columbia, and illicit drugs remain illegal.
(B) According to the National Institute on Drug Abuse, on
average, young people begin drinking at about age 13. However,
some start even younger. By the time young people are high
school seniors, more than 80 percent have used alcohol and
approximately 64 percent have been drunk.
(C) When adolescents move on to college, they bring their
drinking habits with them. According to a 1993-1997 Harvard
School of Public Health College Alcohol Study, 40 percent of
college students are binge drinkers.
(D) According to the Department of Health and Human
Services, in 1998, 10,400,000 current drinkers were under legal
age (age 12-21) and of these, 5,100,000 were binge drinkers,
including 2,300,000 heavy drinkers.
(E) Among 10th graders the perceived harmfulness of
regularly taking LSD (lysergic acid diethylamide) is 68.8
percent, and among 8th graders the perceived harmfulness is
52.9 percent, according to the 2001 Monitoring the Future Study
(MTF) funded by the National Institute on Drug Abuse.
(F) Only 45.7 percent of 12th graders perceived a great
risk in trying MDMA (ecstasy) once or twice.
(G) The perceived availability of crack and cocaine among
10th graders was thought of as easy or fairly easy by 31
percent of 10th graders.
(3)(A) Underage drinking particularly impacts institutions
of higher education.
(B) In 1999, Harvard University's School of Public Health
College Alcohol Study surveyed 119 colleges and found that
students who were binge drinkers in high school were 3 times
more likely to binge drink in college.
(C) According to a March 2002 article published in the
Journal of Studies on Alcohol, a study conducted by the Social
and Behavioral Sciences Department of the Boston University
School of Public Health reported that 1998 and 1999 studies
show over 2,000,000 of the 8,000,000 college students in the
United States drove under the influence of alcohol, over
500,000 were unintentionally injured while under the influence
of alcohol, and over 600,000 were hit or assaulted by another
student who had been drinking.
(D) According to the same Boston University study, it is
estimated that over 1,400 students aged 18-24 and enrolled in
2-year and 4-year colleges died in 1998 from alcohol-related
unintentional injuries.
(E) More than 600,000 students between the ages of 18 and
24 are assaulted by another student who has been drinking, and
another 500,000 students are unintentionally injured under the
influence of alcohol.
(F) More than 70,000 students between the ages of 18 and 24
are victims of alcohol-related sexual assault or date rape,
more than 400,000 students reported having unprotected sex, and
more than 100,000 students reported having been too intoxicated
to know if they consented to having sex, according to the
Boston University study.
(4)(A) Longstanding cultural influences perpetuate student
patterns of drinking.
(B) Of frequent binge drinkers, 73 percent of males and 68
percent of females cited drinking to get drunk as an important
reason for drinking according to ``Binge Drinking on Campus: Results of
a National Study'', from Harvard School of Public Health.
(C) The proportion of college students who drink varies
depending on where they live. Drinking rates are highest in
fraternities and sororities, followed by on-campus housing.
Students who live independently offsite (e.g., in apartments)
drink less, while commuting students who live with their
families drink the least.
(D) Institutions of higher education in places with strict
laws such as keg registration, prohibitions on happy hours, and
open container in public bans, which restrict the volume of
alcohol sold or consumed, displayed lower rates of consumption
and binge drinking among underage students.
(E) A 2000 report by the Department of Health and Human
Services, entitled ``Healthy People 2010'', observes that ``The
perception that alcohol use is socially acceptable correlates
with the fact that more than 80 percent of American youth
consume alcohol before their 21st birthday, whereas the lack of
social acceptance of other drugs correlates with comparatively
low rates of use. Similarly, widespread societal expectations
that young persons will engage in binge drinking may encourage
this highly dangerous form of alcohol consumption.''.
(F) Mutually reinforcing interventions between the college
and surrounding community can change the broader environment
and help reduce alcohol abuse and alcohol-related problems over
the long term.
(5)(A) The use of illicit drugs threatens the lives and
well-being of students at institutions of higher education.
(B) According to the working paper, ``Alcohol and Marijuana
Use Among College Students: Economic Complements or
Substitutes'', for the National Bureau of Economic Research,
alcohol and marijuana are economic complements, meaning that as
the use of alcohol goes down on campuses, it is expected that
marijuana will as well, or that as marijuana usage falls, so
will alcohol usage.
(C) The annual prevalence of the use of an illicit drug at
institutions of higher education is 36 percent. The annual
marijuana use is 34 percent. The annual use of cocaine and LSD
is 4.8 percent. The annual use of heroin is 4.5 percent.
SEC. 3. DEFINITIONS.
In this Act:
(1) Binge drinking.--The term ``binge drinking'' means the
consumption of 5 or more drinks on any 1 occasion.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(3) Outlying area.--The term ``outlying area'' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico
(6) Statewide coalition.--The term ``statewide coalition''
means a coalition that--
(A) includes--
(i) the entity a State designates to apply
for a grant under this Act and to administer
the grant funds; and
(ii)(I) institutions of higher education
within that State; and
(II) a nonprofit group, a community anti-
drug or anti-alcohol coalition, or another
substance abuse prevention group within the
State; and
(B) works toward lowering the drug and alcohol
abuse rate at not fewer than 50 percent of the
institutions of higher education throughout the State
and in the communities surrounding the campuses of the
institutions.
(7) Surrounding community.--The term ``surrounding
community'' means the community--
(A) which surrounds an institution of higher
education participating in a statewide coalition;
(B) where the students from the institution of
higher education take part in the community; and
(C) where students from the institution of higher
education live in off-campus housing.
SEC. 4. PURPOSE.
The purpose of this Act is to encourage States, institutions of
higher education, local communities, nonprofit groups, including
community anti-drug or anti-alcohol coalitions, and other substance
abuse groups within the State to enhance existing or, where none exist,
to establish new statewide coalitions to reduce the usage of drugs and
alcohol by college students both on campus and in the surrounding
community at large.
SEC. 5. GRANTS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act $50,000,000 for fiscal year 2004 and
such sums as may be necessary for each of the 4 succeeding fiscal
years.
(b) Grants to States.--
(1) Allotments.--
(A) In general.--From amounts appropriated under
subsection (a) for a fiscal year, the Secretary shall
make grants according to allotments under subparagraph
(B) to States having applications approved under
subsection (c) to pay the cost of carrying out the
activities described in the application.
(B) Determination of allotments.--
(i) Reservation of funds.--From the total
amount appropriated under subsection (a) for a
fiscal year, the Secretary shall reserve--
(I) one-half of 1 percent for
allotments to the outlying areas, to be
distributed among those outlying areas
on the basis of their relative need for
assistance under this Act, as
determined by the Secretary, to carry
out the purpose of this Act; and
(II) one-half of 1 percent for the
Secretary of the Interior for programs
under this Act for schools operated or
funded by the Bureau of Indian Affairs.
(ii) State allotments.--From funds
appropriated under subsection (a) for a fiscal
year that remain after reserving funds under
clause (i), the Secretary shall allot to each
State an amount that bears the same relation to
such remainder as the population of the State
bears to the population of all States, as
determined by the 2000 decennial census.
(2) Matching funds required.--Each State receiving a grant
under this Act shall contribute matching funds, from non-
Federal sources, toward the cost of the activities described in
the application, in an amount equal to--
(A) 100 percent of the Federal funds received under
the grant, in the case of a State supporting a new
statewide coalition; and
(B) 50 percent of the Federal funds received under
the grant, in the case of a State supporting a
statewide coalition that was in existence on the day
preceding the date of enactment of this Act.
(3) Administrative costs.--Each State receiving a grant
under this section may expend not more than 25 percent of the
grant funds for administrative costs.
(c) State Applications.--
(1) In general.--For a State to be eligible to receive a
grant under this part, the State shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary shall reasonably require.
(2) Contents.--Each application submitted under this
section shall include the following:
(A) A description of how the State will work to
enhance existing, or where none exists, to build a
statewide coalition in cooperation with--
(i) not fewer than 50 percent of the
institutions of higher education within the
State;
(ii) local communities;
(iii) nonprofit groups, community anti-drug
or anti-alcohol coalitions; and
(iv) other substance abuse prevention
groups within the State.
(B) A description of how the State intends to
ensure that the statewide coalition is actually
implementing the purpose of this Act and moving toward
the achievement indicators described in subsection (d).
(C) A list of the members of the statewide
coalition or interested parties.
(d) Accountability.--On the date on which the Secretary first
publishes a notice in the Federal Register soliciting applications for
grants under this section, the Secretary shall include in the notice
achievement indicators for the program assisted under this section. The
achievement indicators shall be designed--
(1) to measure the impact that the statewide coalitions
assisted under this Act are having on the institutions of
higher education and the surrounding communities, including
changes in the number of alcohol or drug-related incidents of
any kind (including violations, physical assaults, sexual
assaults, reports of intimidation, disruptions of school
functions, disruptions of student studies, illnesses, or
deaths);
(2) to measure the quality and accessibility of the
programs or information offered by the statewide coalitions;
and
(3) to provide such other measures of program impact as the
Secretary determines appropriate. | Communities Combating College Drinking and Drug Use Act - Directs the Secretary of Education to make matching grant allotments to applicant States to enhance or establish statewide coalitions to reduce the usage of drugs and alcohol by college students both on campus and in the surrounding community at large.Requires such a statewide coalition to be formed in cooperation with at least half of the institutions of higher education within the State, and with local communities, nonprofit groups, community anti-drug or anti-alcohol coalitions, and other substance abuse prevention groups within the State. | {"src": "billsum_train", "title": "A bill to provide grants to States and outlying areas to encourage the States and outlying areas to encourage existing or establish new statewide coalitions among institutions of higher education, communities around the institutions, and other relevant organizations or groups, including anti-drug or anti-alcohol coalitions, to reduce underage drinking and illicit drug-use by students, both on and off campus."} | 2,702 | 123 | 0.362754 | 1.02175 | 0.534524 | 5.54902 | 24.607843 | 0.960784 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Attorney-Client Privilege Protection
Act of 2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Justice is served when all parties to litigation are
represented by experienced diligent counsel.
(2) Protecting attorney-client privileged communications
from compelled disclosure fosters voluntary compliance with the
law.
(3) To serve the purpose of the attorney-client privilege,
attorneys and clients must have a degree of confidence that
they will not be required to disclose privileged
communications.
(4) The ability of an organization to have effective
compliance programs and to conduct comprehensive internal
investigations is enhanced when there is clarity and
consistency regarding the attorney-client privilege.
(5) Prosecutors, investigators, enforcement officials, and
other officers or employees of Government agencies have been
able to, and can continue to, conduct their work while
respecting attorney-client and work product protections and the
rights of individuals, including seeking and discovering facts
crucial to the investigation and prosecution of organizations.
(6) Congress recognized that law enforcement can
effectively investigate without attorney-client privileged
information when it banned demands by the Attorney General for
privileged materials in the Racketeer Influenced and Corrupt
Organizations Act. See section 1968(c)(2) of title 18, United
States Code.
(7) Despite the existence of numerous investigative tools
that do not impact the attorney-client relationship, the
Department of Justice and other agencies have increasingly
created and implemented policies that tend to undermine the
adversarial system of justice, such as encouraging
organizations to waive attorney-client privilege and work
product protections to avoid indictment or other sanctions.
(8) An indictment can have devastating consequences on an
organization, potentially eliminating the ability of the
organization to survive post-indictment or to dispute the
charges against it at trial.
(9) Waiver demands and related policies of Government
agencies are encroaching on the constitutional rights and other
legal protections of employees.
(10) As recognized throughout the common law, and
specifically in the crime-fraud exception, the attorney-client
privilege, work product doctrine, and payment of counsel fees
cannot and shall not be used as devices to conceal wrongdoing
or to cloak advice on evading the law.
(b) Purpose.--It is the purpose of this Act to place on each agency
clear and practical limits designed to preserve the attorney-client
privilege and work product protections available to an organization and
preserve the constitutional rights and other legal protections
available to employees of such an organization.
SEC. 3. DISCLOSURE OF ATTORNEY-CLIENT PRIVILEGE OR ADVANCEMENT OF
COUNSEL FEES AS ELEMENTS OF COOPERATION.
(a) In General.--Chapter 201 of title 18, United States Code, is
amended by inserting after section 3013 the following:
``Sec. 3014. Preservation of fundamental legal protections and rights
in the context of investigations and enforcement matters
regarding organizations
``(a) Definitions.--In this section:
``(1) Attorney-client privilege.--The term `attorney-client
privilege' means the attorney-client privilege as governed by
the principles of the common law, as they may be interpreted by
the courts of the United States in the light of reason and
experience, and the principles of article V of the Federal
Rules of Evidence.
``(2) Attorney work product.--The term `attorney work
product' means materials prepared by or at the direction of an
attorney in anticipation of litigation, particularly any such
materials that contain a mental impression, conclusion,
opinion, or legal theory of that attorney.
``(3) Organization.--The term `organization' does not
include--
``(A) a continuing criminal enterprise, as defined
in section 408 of the Controlled Substances Act (21
U.S.C. 848);
``(B) any group of individuals whose primary
purpose is to obtain money through illegal acts; or
``(C) any terrorist organization, as defined in
section 2339B.
``(b) Attorney-Client Privilege and Attorney Work Product.--
``(1) In general.--In any Federal investigation or criminal
or civil enforcement matter, including any form of
administrative proceeding or adjudication, an agent or attorney
of the United States shall not--
``(A) demand or request that an organization, or a
current or former employee or agent of such
organization, waive the protections of the attorney-
client privilege or the attorney work product doctrine;
``(B) offer to reward or actually reward an
organization, or current or former employee or agent of
such organization, for waiving the protections of the
attorney-client privilege or the attorney work product
doctrine; or
``(C) threaten adverse treatment or penalize an
organization, or current or former employee or agent of
such organization, for declining to waive the
protections of the attorney-client privilege or the
attorney work product doctrine.
``(2) Charging decisions.--
``(A) In general.--In any Federal investigation or
criminal or civil enforcement matter, including any
form of administrative proceeding or adjudication, an
agent or attorney of the United States shall not
consider any conduct described in subparagraph (B) in--
``(i) making a civil or criminal charging
or enforcement decision relating to an
organization, or a current or former employee
or agent of such organization; or
``(ii) determining whether an organization,
or a current or former employee or agent of
such organization, is cooperating with the
Government.
``(B) Conduct.--The conduct described in this
subparagraph is--
``(i) the valid assertion of the protection
of the attorney-client privilege or attorney
work product doctrine;
``(ii) the provision of counsel to, or
contribution to the legal defense fees or
expenses of, a current or former employee or
agent of an organization;
``(iii) the entry into, or existence of, a
valid joint defense, information sharing, or
common interest agreement between an
organization and a current or former employee
or agent of such organization, or among its
current or former employees;
``(iv) except as provided in subsection
(f), the sharing of relevant information in
anticipation of or in response to an
investigation or enforcement matter between an
organization and a current or former employee
or agent of such organization, or among its
current or former employees; or
``(v) the failure to terminate the
employment or affiliation of or otherwise
sanction any employee or agent of that
organization because of the decision by that
employee or agent to exercise personal
constitutional rights or other legal
protections in response to a Government
request.
``(3) Demands and requests.--In any Federal investigation
or criminal or civil enforcement matter, including any form of
administrative proceeding or adjudication, an agent or attorney
of the United States shall not demand or request an
organization, or a current or former employee or agent of such
organization, to refrain from the conduct described in
paragraph (2)(B).
``(c) Inapplicability.--Nothing in this section shall be construed
to prohibit an agent or attorney of the United States from requesting
or seeking any communication or material that--
``(1) an agent or attorney of ordinary sense and
understanding would not know is subject to a claim of attorney-
client privilege or attorney work product;
``(2) an agent or attorney of ordinary sense and
understanding would reasonably believe is not entitled to
protection under the attorney-client privilege or attorney work
product doctrine; or
``(3) would not be privileged from disclosure if demanded
by a subpoena duces tecum issued by a court of the United
States in aid of a grand jury investigation.
``(d) Voluntary Disclosures.--
``(1) In general.--Nothing in this section may be construed
to prohibit an organization from making, or an agent or
attorney of the United States from accepting, a voluntary and
unsolicited offer to waive the protections of the attorney-
client privilege or attorney work product doctrine.
``(2) Consideration in charging decisions.--An agent or
attorney of the United States shall not consider the fact that
material provided as described in paragraph (1), or any
material redacted therefrom, had been subject to a nonfrivolous
claim of attorney-client privilege or work-product protection
in--
``(A) making a civil or criminal charging or
enforcement decision relating to an organization, or a
current or former employee or agent of such
organization; or
``(B) determining whether an organization, or a
current or former employee or agent of such
organization, is cooperating with the Government.
``(3) Other consideration.--Subject to the limitations
under subsection (b), an agent or attorney of the United States
may consider a voluntary disclosure described in paragraph (1)
for any other purpose that is otherwise lawful.
``(e) Not To Affect Examination or Inspection Access Otherwise
Permitted.--This section does not affect any other Federal statute that
authorizes, in the course of an examination or inspection, an agent or
attorney of the United States to require or compel the production of
attorney-client privileged material or attorney work product.
``(f) Charging Decisions Not To Include Decisions To Charge Under
Independent Prohibitions.--Subsection (b)(2) shall not be construed to
prohibit charging an organization, or a current or former employee or
agent of such organization, for conduct described in clause (ii),
(iii), or (iv) of subparagraph (B) of that subsection under a Federal
law which makes that conduct in itself an offense.''.
(b) Conforming Amendment.--The table of sections for chapter 201 of
title 18, United States Code, is amended by adding at the end the
following:
``3014. Preservation of fundamental legal protections and rights in the
context of investigations and enforcement
matters regarding organizations.''. | Attorney-Client Privilege Protection Act of 2008 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, from: (1) demanding or requesting that an organization, or a current or former employee or agent of such organization, waive the protections of the attorney-client privilege or attorney work product doctrine; (2) offering to reward or actually rewarding an organization, or current or former employee or agent, for waiving such protections; or (3) threatening adverse treatment or penalizing an organization, or current or former employee or agent, for declining to waive those protections.
Prohibits a U.S. agent or attorney in any federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, from considering specified conduct in: (1) making a civil or criminal charging or enforcement decision relating to an organization, or one of its current or former employees or agents; or (2) determining whether an organization, or a current or former employee or agent, is cooperating with the government.
Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the protection of the attorney-client privilege or attorney work product doctrine; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, a current or former employee or agent of an organization; (3) entry into, or existence of, a valid joint-defense, information-sharing, or common-interest agreement between an organization and a current or former employee or agent, or among its current or former employees; (4) the sharing of relevant information in anticipation of or in response to an investigation or enforcement matter between an organization and a current or former employee or agent, or among its current or former employees, unless shuch sharing is itself an offense; or (5) the failure to terminate the employment or affiliation of or otherwise sanction any employee or agent of the organization because of the employee's or agent's decision to exercise personal constitutional rights or other legal protections in response to a government request.
Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action. | {"src": "billsum_train", "title": "A bill to provide appropriate protection to attorney-client privileged communications and attorney work product."} | 2,184 | 500 | 0.538691 | 1.872831 | 0.760152 | 4.48913 | 4.502174 | 0.932609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meth Project Prevention Campaign
Grant Program Act of 2010''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) methamphetamine is a leading drug threat to the United
States;
(2) crime related to methamphetamine abuse continues to
increase, as reported by county sheriffs;
(3) law enforcement reporting indicates that
methamphetamine users commonly engage in identity theft to
acquire personal information of another person, which the
methamphetamine users either sell or exchange for
methamphetamine;
(4) the prevalence of identity theft is rising in many
areas where rates of methamphetamine distribution and abuse are
high or increasing;
(5) methamphetamine laboratories pose a dangerous threat in
terms of toxicity, severe environmental and property damage,
violence, and public safety;
(6) methamphetamine use places an excessive burden on law
enforcement and local government resources;
(7) 24 percent of teens nationally report it would be easy
or somewhat easy to obtain methamphetamine;
(8) 33 percent of teens believe there is only slight or no
risk to trying methamphetamines once or twice;
(9) 16 percent of teens have a friend or a family member
that has used methamphetamines or been treated for
methamphetamine abuse;
(10) the annual economic burden of methamphetamine use in
the United States is estimated at between $16,200,000,000 and
$48,300,000,000 annually;
(11) methamphetamine creates and increases government and
individual expenditures on treatment, healthcare, and foster
care services, as well as methamphetamine-related unemployment,
child neglect or abuse, and other social issues;
(12) the estimated annual cost of methamphetamine-related
crime and criminal justice expenditures in the United States is
$4,200,000,000; and
(13) there are currently no particular pharmacological
treatments for dependence on methamphetamine.
(b) Purpose.--It is the purpose of this Act to provide adequate
resources for the Department of Justice Office of Community Oriented
Policing Services to implement the Meth Project Prevention Campaign in
States with a critical methamphetamine problem, that will incorporate a
broad range of community outreach programs by the Meth Project
personnel and volunteers that mobilize communities to assist in
methamphetamine awareness and prevention activities that educate youth
on the risks and consequences of methamphetamine use.
SEC. 3. METH PROJECT PREVENTION CAMPAIGN GRANT PROGRAM.
(a) Grants Authorized.--
(1) In general.--The Attorney General, acting through the
Director of the Office of Community Oriented Policing Services,
may make grants to States, units of local government, or
private nonprofit organizations (referred to in this section as
``eligible entities'') to establish the Meth Project Prevention
Campaign, which shall be aimed at teenagers.
(2) Maximum amount.--A grant made under this section shall
not be in an amount more than $2,000,000 per fiscal year.
(3) Duration.--A grant made under this section shall be for
a period of 1 year.
(b) Use of Funds.--A grant made under this section may be used
for--
(1) producing and developing television, radio, Internet,
and print advertisements and educational materials;
(2) acquiring placement of advertisements for the Meth
Project Prevention Campaign;
(3) community outreach to motivate community involvement in
methamphetamine education;
(4) the benchmark study and periodic surveys required under
subsection (c); and
(5) qualitative research to assist in the development and
testing of--
(A) the messaging of the Meth Project Prevention
Campaign; and
(B) the effectiveness of methamphetamine education.
(c) Study Requirement.--
(1) Benchmark study.--An eligible entity receiving a grant
under this section shall conduct a quantitative statewide
benchmark survey of a statistically significant sample, to be
called a ``Meth Use and Attitudes Survey'', at the beginning of
the Meth Project Prevention Campaign conducted by the eligible
entity to capture attitudes and behaviors related to
methamphetamine throughout the State in which the eligible
entity is located.
(2) Periodic studies.--Not less than 2 years after the
completion of the benchmark study required under paragraph (1),
an eligible entity receiving a grant under this section shall
regularly conduct follow-up studies consistent with the
benchmark study described in paragraph (1) to track changes in
attitudes and behaviors related to methamphetamine and assist
in the development of methamphetamine prevention advertising
and other outreach activities directed at teens.
(d) Application.--
(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Attorney
General at such time, in such manner, and accompanied by such
information as the Attorney General may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include--
(A) a plan for implementing a Meth Project
Prevention Campaign, that shall include specific
strategies for preventing or reducing methamphetamine
use by youth, based on research-based interventions
tailored to reaching youth and changing the behavior of
youth;
(B) an assurance that in developing and
implementing the Meth Project Prevention Campaign, the
eligible entity shall, to the extent feasible and
appropriate, consult and coordinate with Federal,
State, and local agencies, departments, and
organizations to build broad community-based support;
(C) a private fund-raising strategy; and
(D) such additional assurances as the Attorney
General determines to be essential to ensure compliance
with the requirements of this section.
(e) Criteria.--In making grants under this section, the Attorney
General, acting through the Director of the Office of Community
Oriented Policing Services, shall give priority to eligible entities
that--
(1) have widespread methamphetamine use or an emerging
threat of widespread methamphetamine use;
(2) have a full-time executive director or dedicated
personnel to oversee the implementation and execution of the
Meth Project Prevention Campaign;
(3) have an organizational model, including a State-
specific advisory council;
(4) demonstrate access to or the ability to license tested
television and print copy;
(5) demonstrate that the costs of paid media time and space
will be matched by an equal or greater amount of no cost
advertising or in-kind contributions; and
(6) demonstrate a history of raising private funding to
support the entity.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of an
activity described in the application submitted under
subsection (b) that is carried out with a grant under this
section shall be not more than 50 percent.
(2) Non-federal share.--The non-Federal share of payments
under this section may be in cash or in-kind.
(g) Reports to Congress.--Not later than 120 days after the last
day of each fiscal year in which 1 or more grants are made under this
section, the Attorney General, acting through the Director of the
Office of Community Oriented Policing Services, shall submit to
Congress a report that shall include--
(1) a summary of the activities carried out with grants
made under this section;
(2) an assessment by the Attorney General of the programs
carried out; and
(3) any other information the Attorney General considers
appropriate.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2011, 2012, 2013, and 2014. | Meth Project Prevention Campaign Grant Program Act of 2010 - Authorizes the Attorney General, acting through the Director of the Office of Community Oriented Policing Services, to make matching grants to states, units of local government, or private nonprofit organizations to establish the Meth Project Prevention Campaign, which shall be aimed at teenagers.
Authorizes the use of grant funds for: (1) television, radio, Internet, and print advertisements and educational materials; (2) community outreach to motivate community involvement in methamphetamine education; (3) a benchmark survey and periodic studies of attitudes and behaviors related to methamphetamine ; and (4) qualitative research to assist in the development and testing of Campaign messaging and the effectiveness of methamphetamine education. | {"src": "billsum_train", "title": "A bill to establish the Meth Project Prevention Campaign Grant Program."} | 1,670 | 161 | 0.627675 | 1.734645 | 0.69452 | 5.591241 | 11.072993 | 0.963504 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earmark Elimination Act of 2018''.
SEC. 2. PROHIBITING CONSIDERATION OF LEGISLATION CONTAINING EARMARKS.
(a) Prohibition.--
(1) In general.--It shall not be in order in the House of
Representatives to consider any bill, joint resolution,
amendment, or conference report if the bill, joint resolution,
amendment, or conference report, or any accompanying report or
joint explanatory statement of managers, includes a
congressional earmark, limited tax benefit, or limited tariff
benefit.
(2) Procedure.--If a point of order is raised under
paragraph (1) with respect to a congressional earmark, limited
tax benefit, or limited tariff benefit and the point of order
is sustained, the congressional earmark, limited tax benefit,
or limited tariff benefit shall be deemed to be stricken from
the measure involved.
(3) Special procedure for conference report and amendments
between the houses.--
(A) In general.--If a point of order is raised and
sustained under paragraph (1) with respect to a
conference report or a motion that the House recede
from its disagreement to a Senate amendment and concur
therein, with or without amendment, then after
disposition of all such points of order the conference
report or motion, as the case may be, shall be
considered as rejected and the matter remaining in
disagreement shall be disposed of under subparagraph
(B) or (C), as the case may be.
(B) Conference reports.--After the House has
sustained one or more points of order under paragraph
(1) with respect to a conference report--
(i) if the conference report accompanied a
House measure amended by the Senate, the
pending question shall be whether the House
shall recede and concur in the Senate amendment
with an amendment consisting of so much of the
conference report as was not rejected; and
(ii) if the conference report accompanied a
Senate measure amended by the House, the
pending question shall be whether the House
shall insist further on the House amendment.
(C) Motions.--After the House has sustained one or
more points of order under paragraph (1) with respect
to a motion that the House recede and concur in a
Senate amendment, with or without amendment, the
following motions shall be privileged and shall have
precedence in the order stated:
(i) A motion that the House recede and
concur in the Senate amendment with an
amendment in writing then available on the
floor.
(ii) A motion that the House insist on its
disagreement to the Senate amendment and
request a further conference with the Senate.
(iii) A motion that the House insist on its
disagreement to the Senate amendment.
(b) Determination by House.--If a point of order is raised under
this section and the Chair is unable to ascertain whether a provision
constitutes a congressional earmark, limited tax benefit, or limited
tariff benefit, the Chair shall put the question to the House and the
question shall be decided without debate or intervening motion.
(c) Conforming Amendment.--Rule XXI of the Rules of the House of
Representatives is amended by striking clause 9.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``congressional earmark'' means a provision or
report language included primarily at the request of a Member,
Delegate, Resident Commissioner, or Senator providing,
authorizing or recommending a specific amount of discretionary
budget authority, credit authority, or other spending authority
for a contract, loan, loan guarantee, grant, loan authority, or
other expenditure with or to an entity, or targeted to a
specific State, locality or congressional district, other than
through a statutory or administrative formula-driven or
competitive award process;
(2) the term ``limited tax benefit'' means--
(A) any revenue-losing provision that--
(i) provides a Federal tax deduction,
credit, exclusion, or preference to 10 or fewer
beneficiaries under the Internal Revenue Code
of 1986; and
(ii) contains eligibility criteria that are
not uniform in application with respect to
potential beneficiaries of such provision; or
(B) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief
from a change to the Internal Revenue Code of 1986; and
(3) the term ``limited tariff benefit'' means a provision
modifying the Harmonized Tariff Schedule of the United States
in a manner that benefits 10 or fewer entities. | Earmark Elimination Act of 2018 This bill establishes a point of order in the House of Representatives against considering legislation that contains a congressional earmark, limited tax benefit, or limited tariff benefit, as defined by the bill. If the point of order is successfully raised and sustained, the congressional earmark, limited tax benefit, or limited tariff benefit shall be deemed to be stricken from the legislation. | {"src": "billsum_train", "title": "Earmark Elimination Act of 2018"} | 986 | 91 | 0.574591 | 1.380463 | 1.289526 | 5.693333 | 12.28 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetes Self Management Training
Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Diabetes is widely recognized as one of the top public
health threats facing our Nation today. More than 18,000,000
Americans are currently living with diabetes and that number is
expected to double by the year 2050. Diabetes is the sixth
leading cause of death in the United States, causing more than
200,000 deaths each year.
(2) Diabetes occurs in two forms. Type 1 diabetes is caused
by the body's inability to produce insulin, a hormone that
allows glucose to enter and fuel cells. Type 2 diabetes occurs
when the body fails to make enough insulin or fails to properly
use it. Type 1 diabetes typically develops in childhood or
adolescence and accounts for only 5 to 10 percent of cases of
diabetes. Type 2 diabetes accounts for 90 to 95 percent of
diabetes cases and most often appears among people older than
40. It is especially common in the medicare population, as 1 in
5 adults over age 65 has type 2 diabetes.
(3) Diabetes is a costly disease. In 2002, diabetes
accounted for $132,000,000,000 in direct and indirect health
care costs. It is especially costly for the medicare program.
Individuals with diabetes represent approximately 20 percent of
medicare beneficiaries but account for more than 30 percent of
fee-for-service medicare expenditures.
(4) People with type 1 diabetes are required to take daily
insulin injections to stay alive. While some people with type 2
diabetes need daily insulin injections, others with type 2
diabetes can control their diabetes through healthy meal plans,
exercise, and, for some, oral medications. Diabetes self
management training (in this section referred to as ``DSMT''),
also called diabetes education, provides knowledge and skills
training to patients with diabetes, helping them identify
barriers, facilitate problem solving, and develop coping skills
to effectively manage their diabetes. A certified diabetes
educator is a health care professional, often a nurse,
dietitian, or pharmacist, who specializes in helping people
with diabetes develop the self-management skills needed to stay
healthy and avoid costly acute complications and emergency
care, as well as debilitating secondary conditions caused by
diabetes.
(5) DSMT has been proven effective in helping to reduce the
risks and complications of diabetes. In 2002, the Diabetes
Prevention Program study found that participants (all of whom
were at increased risk of developing type 2 diabetes) who made
lifestyle changes, such as those taught in DSMT programs,
reduced their risk of getting type 2 diabetes by 58 percent.
Lifestyle intervention worked in all of the groups but it
worked particularly well in people aged 60 and older, reducing
the development of diabetes by 71 percent. Similarly, studies
have found that patients under the care of a certified diabetes
educator are better able to control their diabetes and report
improvement in their health status. Congress recognized the
value of DSMT by creating medicare coverage for this benefit
under the Balanced Budget Act of 1997.
(6) There are currently more than 20,000 diabetes educators
in the United States, most of whom are certified diabetes
educators credentialed by the National Certification Board for
Diabetes Educators (NCBDE). Eligibility for certification as a
diabetes educator requires prerequisite qualifying professional
credentials in specified health care professions and
professional practice experience that includes a minimum number
of hours of experience in DSMT. Certified diabetes educators
must also pass a rigorous national examination and periodically
renew their credentials. Certified diabetes educators are
uniquely qualified to provide DSMT under the medicare program.
SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS MEDICARE
PROVIDERS FOR PURPOSES OF DIABETES OUTPATIENT SELF-
MANAGEMENT TRAINING SERVICES.
(a) In General.--Section 1861(qq) of the Social Security Act (42
U.S.C. 1395x(qq)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting ``, or a
certified diabetes educator (as defined in paragraph
(3)) who is credentialed by a nationally recognized
certifying body for diabetes educators'' before the
semicolon at the end; and
(B) in subparagraph (B), by striking ``a
physician'' through ``meets applicable'' and inserting
the following: ``a physician, or such other individual
or entity, or a certified diabetes educator meets the
quality standards described in this paragraph if the
physician, other individual or entity, or certified
diabetes educator meets quality standards established
by the Secretary, except that the physician, other
individual or entity, or certified diabetes educator
shall be deemed to have met such standards if the
physician, other individual or entity, or certified
diabetes educator meets applicable''; and
(2) by adding at the end the following new paragraph:
``(3) For purposes of paragraph (2), the term `certified diabetes
educator' means an individual who--
``(A) is a health care professional who specializes in
helping individuals with diabetes develop the self-management
skills needed to overcome the daily challenges and problems
caused by the disease;
``(B) has met all criteria for initial certification,
including a prerequisite qualifying professional credential in
a specified health care profession, has professional practice
experience in diabetes self-management training that includes a
minimum number of hours of diabetes self-management training,
and has passed a national examination offered by a certifying
body recognized as entitled to grant certification to diabetes
educators; and
``(C) has periodically renewed certification status
following initial certification.''.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study to identify the barriers that exist for
individuals with diabetes in accessing diabetes self management
training, including economic and geographic barriers and
availability of appropriate referrals and access to adequate,
qualified providers.
(2) 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 to Congress regarding the study
conducted under paragraph (1).
(c) Effective Date.--The amendments made by subsection (a) shall
apply to diabetes outpatient self-management training services
furnished on or after the date that is 6 months after the date of
enactment of this Act. | Diabetes Self Management Training Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for the recognition of certified diabetes educators as Medicare providers for purposes of diabetes outpatient self-management training services.
Directs the Comptroller General to study and report to Congress on the barriers that exist for individuals with diabetes in accessing diabetes self-management training. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve access to diabetes self management training by designating certified diabetes educators who are recognized by a nationally recognized certifying body and who meet the same quality standards set forth for other providers of diabetes self management training, as certified providers for purposes of outpatient diabetes self-management training services under part B of the medicare program."} | 1,385 | 83 | 0.481027 | 1.188686 | 1.154396 | 4.214286 | 18.814286 | 0.957143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing the Protection of our
Enduring and Established Constitutional Heritage Act'' or the ``SPEECH
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The freedom of speech and the press is enshrined in the
first amendment to the Constitution, and is necessary to promote
the vigorous dialogue necessary to shape public policy in a
representative democracy.
(2) Some persons are obstructing the free expression rights of
United States authors and publishers, and in turn chilling the
first amendment to the Constitution of the United States interest
of the citizenry in receiving information on matters of importance,
by seeking out foreign jurisdictions that do not provide the full
extent of free-speech protections to authors and publishers that
are available in the United States, and suing a United States
author or publisher in that foreign jurisdiction.
(3) These foreign defamation lawsuits not only suppress the
free speech rights of the defendants to the suit, but inhibit other
written speech that might otherwise have been written or published
but for the fear of a foreign lawsuit.
(4) The threat of the libel laws of some foreign countries is
so dramatic that the United Nations Human Rights Committee examined
the issue and indicated that in some instances the law of libel has
served to discourage critical media reporting on matters of serious
public interest, adversely affecting the ability of scholars and
journalists to publish their work. The advent of the internet and
the international distribution of foreign media also create the
danger that one country's unduly restrictive libel law will affect
freedom of expression worldwide on matters of valid public
interest.
(5) Governments and courts of foreign countries scattered
around the world have failed to curtail this practice of permitting
libel lawsuits against United States persons within their courts,
and foreign libel judgments inconsistent with United States first
amendment protections are increasingly common.
SEC. 3. RECOGNITION OF FOREIGN DEFAMATION JUDGMENTS.
(a) In General.--Part VI of title 28, United States Code, is
amended by adding at the end the following:
``CHAPTER 181--FOREIGN JUDGMENTS
``Sec.
``4101. Definitions.
``4102. Recognition of foreign defamation judgments.
``4103. Removal.
``4104. Declaratory judgments.
``4105. Attorney's fees.
``Sec. 4101. Definitions
``In this chapter:
``(1) Defamation.--The term `defamation' means any action or
other proceeding for defamation, libel, slander, or similar claim
alleging that forms of speech are false, have caused damage to
reputation or emotional distress, have presented any person in a
false light, or have resulted in criticism, dishonor, or
condemnation of any person.
``(2) Domestic court.--The term `domestic court' means a
Federal court or a court of any State.
``(3) Foreign court.--The term `foreign court' means a court,
administrative body, or other tribunal of a foreign country.
``(4) Foreign judgment.--The term `foreign judgment' means a
final judgment rendered by a foreign court.
``(5) State.--The term `State' means each of the several
States, the District of Columbia, and any commonwealth, territory,
or possession of the United States.
``(6) United states person.--The term `United States person'
means--
``(A) a United States citizen;
``(B) an alien lawfully admitted for permanent residence to
the United States;
``(C) an alien lawfully residing in the United States at
the time that the speech that is the subject of the foreign
defamation action was researched, prepared, or disseminated; or
``(D) a business entity incorporated in, or with its
primary location or place of operation in, the United States.
``Sec. 4102. Recognition of foreign defamation judgments
``(a) First Amendment Considerations.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, a domestic court shall not recognize or
enforce a foreign judgment for defamation unless the domestic court
determines that--
``(A) the defamation law applied in the foreign court's
adjudication provided at least as much protection for freedom
of speech and press in that case as would be provided by the
first amendment to the Constitution of the United States and by
the constitution and law of the State in which the domestic
court is located; or
``(B) even if the defamation law applied in the foreign
court's adjudication did not provide as much protection for
freedom of speech and press as the first amendment to the
Constitution of the United States and the constitution and law
of the State, the party opposing recognition or enforcement of
that foreign judgment would have been found liable for
defamation by a domestic court applying the first amendment to
the Constitution of the United States and the constitution and
law of the State in which the domestic court is located.
``(2) Burden of establishing application of defamation laws.--
The party seeking recognition or enforcement of the foreign
judgment shall bear the burden of making the showings required
under subparagraph (A) or (B).
``(b) Jurisdictional Considerations.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, a domestic court shall not recognize or
enforce a foreign judgment for defamation unless the domestic court
determines that the exercise of personal jurisdiction by the
foreign court comported with the due process requirements that are
imposed on domestic courts by the Constitution of the United
States.
``(2) Burden of establishing exercise of jurisdiction.--The
party seeking recognition or enforcement of the foreign judgment
shall bear the burden of making the showing that the foreign
court's exercise of personal jurisdiction comported with the due
process requirements that are imposed on domestic courts by the
Constitution of the United States.
``(c) Judgment Against Provider of Interactive Computer Service.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, a domestic court shall not recognize or
enforce a foreign judgment for defamation against the provider of
an interactive computer service, as defined in section 230 of the
Communications Act of 1934 (47 U.S.C. 230) unless the domestic
court determines that the judgment would be consistent with section
230 if the information that is the subject of such judgment had
been provided in the United States.
``(2) Burden of establishing consistency of judgment.--The
party seeking recognition or enforcement of the foreign judgment
shall bear the burden of establishing that the judgment is
consistent with section 230.
``(d) Appearances Not a Bar.--An appearance by a party in a foreign
court rendering a foreign judgment to which this section applies shall
not deprive such party of the right to oppose the recognition or
enforcement of the judgment under this section, or represent a waiver
of any jurisdictional claims.
``(e) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) affect the enforceability of any foreign judgment other
than a foreign judgment for defamation; or
``(2) limit the applicability of section 230 of the
Communications Act of 1934 (47 U.S.C. 230) to causes of action for
defamation.
``Sec. 4103. Removal
``In addition to removal allowed under section 1441, any action
brought in a State domestic court to enforce a foreign judgment for
defamation in which--
``(1) any plaintiff is a citizen of a State different from any
defendant;
``(2) any plaintiff is a foreign state or a citizen or subject
of a foreign state and any defendant is a citizen of a State; or
``(3) any plaintiff is a citizen of a State and any defendant
is a foreign state or citizen or subject of a foreign state,
may be removed by any defendant to the district court of the United
States for the district and division embracing the place where such
action is pending without regard to the amount in controversy between
the parties.
``Sec. 4104. Declaratory judgments
``(a) Cause of Action.--
``(1) In general.--Any United States person against whom a
foreign judgment is entered on the basis of the content of any
writing, utterance, or other speech by that person that has been
published, may bring an action in district court, under section
2201(a), for a declaration that the foreign judgment is repugnant
to the Constitution or laws of the United States. For the purposes
of this paragraph, a judgment is repugnant to the Constitution or
laws of the United States if it would not be enforceable under
section 4102 (a), (b), or (c).
``(2) Burden of establishing unenforceability of judgment.--The
party bringing an action under paragraph (1) shall bear the burden
of establishing that the foreign judgment would not be enforceable
under section 4102 (a), (b), or (c).
``(b) Nationwide Service of Process.--Where an action under this
section is brought in a district court of the United States, process
may be served in the judicial district where the case is brought or any
other judicial district of the United States where the defendant may be
found, resides, has an agent, or transacts business.
``Sec. 4105. Attorneys' fees
``In any action brought in a domestic court to enforce a foreign
judgment for defamation, including any such action removed from State
court to Federal court, the domestic court shall, absent exceptional
circumstances, allow the party opposing recognition or enforcement of
the judgment a reasonable attorney's fee if such party prevails in the
action on a ground specified in section 4102 (a), (b), or (c).''.
(b) Sense of Congress.--It is the Sense of the Congress that for
the purpose of pleading a cause of action for a declaratory judgment, a
foreign judgment for defamation or any similar offense as described
under chapter 181 of title 28, United States Code, (as added by this
Act) shall constitute a case of actual controversy under section
2201(a) of title 28, United States Code.
(c) Technical and Conforming Amendment.--The table of chapters for
part VI of title 28, United States Code, is amended by adding at the
end the following:
``181. Foreign judgments........................................4101.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on July 19, 2010. The summary of that version is repeated here.)
Securing the Protection of Our Enduring and Established Constitutional Heritage Act or SPEECH Act - (Sec. 3) Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation unless the domestic court determines that: (1) the defamation law applied in the foreign court's adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the First Amendment to the Constitution and by the constitution and law of the state in which the domestic court is located; or (2) even if the defamation law applied in the foreign court's adjudication did not provide as much protection for freedom of speech and press as the First Amendment to the Constitution and law of the state, the party opposing recognition or enforcement of that foreign judgment would have been found liable for defamation by a domestic court applying the First Amendment to the Constitution and the constitution and law of the state in which the domestic court is located.
Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation unless the domestic court determines that the exercise of personal jurisdiction by the foreign court comported with the due process requirements imposed on domestic courts by the Constitution. Requires the party seeking recognition or enforcement of the foreign judgment to bear the burden of making the showing that the foreign court's exercise of personal jurisdiction comported with such due process requirements.
Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation against the provider of an interactive computer service unless the domestic court determines that the judgment would be consistent with provisions of the Communications Act of 1934 affording protection for private blocking and screening of offensive material, if the information that is the subject of such judgment had been provided in the United States. Requires the party seeking recognition or enforcement of the foreign judgment to bear the burden of establishing that the judgment is consistent with such provisions.
Provides that an appearance by a party in a foreign court rendering a foreign judgment to which this Act applies shall not deprive such party of the right to oppose the recognition or enforcement of the judgment under this Act, or represent a waiver of any jurisdictional claims.
Allows removal by any defendant to the U.S. district court for the district and division embracing the place where such action is pending, without regard to the amount in controversy, of any action brought in a state domestic court to enforce a foreign judgment for defamation in which: (1) any plaintiff is a citizen of a state different from any defendant; (2) any plaintiff is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a state; or (3) any plaintiff is a citizen of a state and any defendant is a foreign state or citizen or subject of a foreign state.
Provides that any U.S. person, against whom a foreign judgment is entered on the basis of the content of any writing, utterance, or other speech by that person that has been published, may bring an action in a U.S. district court for a declaration that the foreign judgment is repugnant to the Constitution of laws of the United States.
Allows the award of reasonable attorney fees under certain conditions if the party opposing recognition or enforcement of the judgment prevails.
Expresses the sense of the Congress that, for the purpose of pleading a cause of action for a declaratory judgment, a foreign judgment for defamation or any similar offense shall constitute a case of actual controversy under the federal judicial code. | {"src": "billsum_train", "title": "To amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments and certain foreign judgments against the providers of interactive computer services."} | 2,416 | 826 | 0.529984 | 1.772743 | 0.724686 | 7.360231 | 3.145533 | 0.942363 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Christopher Bryski
Student Loan Protection Act'' and ``Christopher's Law''.
(b) Findings.--The Congress finds the following:
(1) There is no requirement for Federal or private
educational lenders to provide information with respect to
creating a durable power of attorney for financial
decisionmaking in accordance with State law to be used in the
event of the death, incapacitation, or disability of the
borrower or such cosigner (if any).
(2) No requirement exists for private educational lenders'
master promissory notes to include a clear and conspicuous
description of the responsibilities of a borrower and cosigner
in the event the borrower or cosigner becomes disabled,
incapacitated, or dies.
(3) Of the 1,400,000 people who sustain a traumatic brain
injury each year in the United States, 50,000 die; 235,000 are
hospitalized; and 1,100,000 are treated and released from an
emergency department.
(4) It is estimated that the annual incidence of spinal
cord injury, not including those who die at the scene of an
accident, is approximately 40 cases per 1,000,000 people in the
United States or approximately 12,000 new cases each year.
Since there have not been any overall incidence studies of
spinal cord injuries in the United States since the 1970s, it
is not known if incidence has changed in recent years.
(5) In the 2007-2008 academic year, 13 percent of students
attending a 4-year public school, and 26.2 percent of students
attending a 4-year private school, borrowed monies from private
educational lenders.
(6) According to Sallie Mae, in 2009, the number of
cosigned private education loans increased from 66 percent to
84 percent of all private education loans.
SEC. 2. ADDITIONAL STUDENT LOAN PROTECTIONS.
(a) In General.--Section 140 of the Truth in Lending Act (15 U.S.C.
1650) is amended by adding at the end the following new subsection:
``(f) Additional Protections Relating to Death or Disability of
Borrower or Cosigner of a Private Education Loan.--
``(1) Obligation to discuss durable power of attorneys.--In
conjunction with--
``(A) any student loan counseling, if any, provided
by a covered educational institution to any new
borrower and cosigner (if any) at the time of any loan
application, loan origination, or loan consolidation,
or at the time the cosigner assumes responsibility for
repayment, the institution shall provide information
with respect to creating a durable power of attorney
for financial decisionmaking, in accordance with State
law; and
``(B) any application for a private education loan,
the private educational lender involved in such loan
shall provide information to the borrower, and cosigner
(if any), concerning the creation of a durable power of
attorney for financial decisionmaking, in accordance
with State law, with respect to such loan.
``(2) Clear and conspicuous description of cosigner's
obligation.--In the case of any private educational lender who
extends a private education loan for which any cosigner is
jointly liable, the lender shall clearly and conspicuously
describe, in writing, the cosigner's obligations with respect
to the loan, including the effect the death, disability, or
inability to engage in any substantial gainful activity of the
borrower or cosigner (if any) would have on any such
obligation, in language that the Board determines would give a
reasonable person a reasonable understanding of the obligation
being assumed by becoming a cosigner for the loan.
``(3) Model forms.--The Board shall publish model forms
under section 105 for--
``(A) the information required under paragraph (1)
with respect to a durable power of attorney for
financial decisionmaking, for each State (and such
model forms under this subparagraph shall be uniform
for all States to the greatest extent possible); and
``(B) describing a cosigner's obligation for
purposes of paragraph (2).
``(4) Definition of death, disability, or inability to
engage in any substantial gainful activity.--For the purposes
of this subsection with respect to a borrower or cosigner, the
term `death, disability, or inability to engage in any
substantial gainful activity'--
``(A) means any condition described in section
437(a) of the Higher Education Act of 1965 (20 U.S.C.
1087(a)); and
``(B) shall be interpreted by the Board in such a
manner as to conform with the regulations prescribed by
such Secretary of Education under section 437(a) of the
Higher Education Act of 1965 (20 U.S.C. 1087(a)) to the
fullest extent practicable, including safeguards to
prevent fraud and abuse.''.
(b) Definitions.--Subsection (a) of section 140 of the Truth in
Lending Act (15 U.S.C. 1650(a)) is amended by adding at the end the
following new paragraphs:
``(9) Durable power of attorney.--The term `durable power
of attorney'--
``(A) means a written instruction recognized under
State law (whether statutory or as recognized by the
courts of the State), relating to financial
decisionmaking in cases when the individual lacks the
capacity to make such decisions; or
``(B) has the meaning given to such term in the
Uniform Durable Power of Attorney Act of 2006 and
sections 5-501 through 5-505 of the Uniform Probate
Code, as in effect in any State.
``(10) Cosigner.--The term `cosigner'--
``(A) means any individual who is liable for the
obligation of another without compensation, regardless
of how designated in the contract or instrument;
``(B) includes any person whose signature is
requested as condition to grant credit or to forebear
on collection; and
``(C) does not include a spouse of an individual
referred to in subparagraph (A) whose signature is
needed to perfect the security interest in the loan.''.
SEC. 3. FEDERAL STUDENT LOANS.
Section 485(l)(2) of the Higher Education Act of 1965 (20 U.S.C.
1092(l)(2)) is amended by adding at the end the following:
``(L) Information on the conditions required to
discharge the loan due to the death, disability, or
inability to engage in any substantial gainful activity
of the borrower in accordance with section 437(a), and
an explanation that, in the case of a private education
loan made through a private educational lender, the
borrower, the borrower's estate, and any consigner of a
such a private education loan may be obligated to repay
the full amount of the loan, regardless of the death or
disability of the borrower or any other condition
described in section 437(a).
``(M) The model form for the State in which the
institution is located with respect to durable power of
attorneys published by the Board of Governors of the
Federal Reserve System in accordance with subsection
(f)(3)(A) of section 140 of the Truth in Lending Act
(15 U.S.C. 1650) and, in the case of a borrower who is
not a resident of the State in which the institution is
located, information on how to access such model form
for the State in which the borrower is a resident.''.
Passed the House of Representatives September 28, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Christopher Bryski Student Loan Protection Act and Christopher's Law - (Sec. 2) Amends the Truth in Lending Act to require institutions of higher education (IHEs) that provide student loan counseling to new borrowers and cosigners at the time of any student loan application, origination, or consolidation, or at the time the cosigner assumes responsibility for repayment, to include information on creating a durable power of attorney for financial decisionmaking.
Requires private educational lenders to provide borrowers and cosigners of student loans with that information at the time of loan application.
Requires lenders of private educational loans for which cosigners are held jointly liable to describe clearly and conspicuously, in writing, the cosigners' obligations regarding such loans, including the effect a borrower's or cosigner's death, disability, or inability to engage in any substantial gainful activity would have on such obligations.
Directs the Board of Governors of the Federal Reserve System to publish model forms for the information this Act requires to be provided regarding: (1) the creation of a durable power of attorney; and (2) a cosigner's obligation.
(Sec. 3) Amends the Higher Education Act of 1965 to require IHEs to provide borrowers of federal educational loans information at their entrance counseling regarding: (1) the effect their death, disability, or inability to engage in any substantial gainful activity would have on their federal and private educational loans; and (2) their state's model form, published by the Board of Governors of the Federal Reserve System, for creating a durable power of attorney. | {"src": "billsum_train", "title": "To amend the Truth in Lending Act and the Higher Education Act of 1965 to require additional disclosures and protections for students and cosigners with respect to student loans, and for other purposes."} | 1,703 | 350 | 0.609722 | 2.250841 | 0.905394 | 3.486577 | 5.107383 | 0.909396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Opportunities Act''.
SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING
ORGANIZATIONS.
(a) Credit for Individuals.--
(1) In general.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 25D the following new section:
``SEC. 25E. QUALIFIED ELEMENTARY AND SECONDARY EDUCATION TUITION.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the amount of qualified
contributions made by the taxpayer during the taxable year.
``(b) Dollar Limitation.--The amount allowed as a credit under
subsection (a) with respect to any taxpayer shall not exceed--
``(1) $2,250, in the case of a married individual filing a
separate return, and
``(2) $4,500, in any other case.
``(c) Qualified Contributions; Other Definitions.--For purposes of
this section--
``(1) Qualified contribution.--The term `qualified
contribution' means a charitable contribution (as defined by
section 170(c)) to a scholarship granting organization.
``(2) Scholarship granting organization.--The term
`scholarship granting organization' means any organization--
``(A) which is described in section 501(c)(3) and
exempt from tax under section 501(a),
``(B) whose exclusive purpose is to provide
scholarships for the qualified elementary and secondary
education expenses of eligible students, and
``(C) which meets the requirements of subsection
(d).
``(3) Eligible student.--The term `eligible student' means
an individual--
``(A) who is enrolled in an elementary or secondary
school (within the meaning of section 530(b)(3)(B),
after the application of paragraph (4)(B)), and
``(B) who is a member of a household with a total
annual household income which does not exceed 250
percent of the Federal poverty guidelines (as
determined by the Secretary of Health and Human
Services).
``(4) Qualified elementary and secondary education
expenses.--The term `qualified elementary and secondary
education expenses' has the meaning given such term by section
530(b)(3), except that--
``(A) `child' shall be substituted for
`beneficiary' and `a child' shall be substituted for
`the designated beneficiary of the trust' in clauses
(i) and (iii) of subparagraph (A) thereof, and
``(B) in applying such paragraph, the term `school'
shall only include schools which--
``(i) charge tuition for attendance,
``(ii) comply with all applicable State
laws, including laws relating to unlawful
discrimination, health and safety requirements,
and criminal background checks of employees,
and
``(iii) agree to provide annual reports as
described in subsection (e) to a scholarship
granting organization and to the parents or
guardians of eligible students receiving a
scholarship from the scholarship granting
organization.
``(5) Scholarship.--The term `scholarship' does not include
any payment to fulfill or fund any obligation or project of any
school or school system to provide a free, appropriate public
education.
``(d) Requirements for Scholarship Granting Organizations.--An
organization meets the requirements of this section if--
``(1) such organization does not provide grants to eligible
students for any expenses other than qualified elementary and
secondary education expenses,
``(2) such organization provides grants to--
``(A) more than 1 student, and
``(B) different students attending more than 1
school,
``(3) such organization does not earmark or set aside
contributions for scholarships on behalf of any particular
student or to any specific school or group of schools,
``(4) such organization takes appropriate steps to verify
the annual household income and family size of eligible
students to which it provides grants,
``(5) such organization obtains annual audits from an
independent certified public accountant and submits such audits
to the Secretary,
``(6) no employee of such organization has violated any law
relating to the audit described in paragraph (4), and
``(7) such organization--
``(A) requires any eligible student who receives a
scholarship--
``(i) to participate in the evaluation
conducted by the Institute of Education Science
under section 2(d) of the Educational
Opportunities Act, and
``(ii) to permit such organization to share
assessment information and other data regarding
the student with the Institute in accordance
with subparagraph (B), and
``(B) provides the reports described in subsection
(e)(1)(C) and such other information as necessary to
the Director of the Institute of Education Science for
the purposes of identifying eligible students receiving
a scholarship from such organization and conducting the
evaluations and reports required under section 2(d) of
the Educational Opportunities Act.
For purposes of paragraph (5), the term `independent certified
public accountant' means, with respect to an organization, a
certified public accountant which is not a related person
(within the meaning of section 465(b)(3)(C)) with respect to
such organization or any employee of such organization.
``(e) Eligible School Reporting Requirement.--
``(1) In general.--The reports described in this subsection
include--
``(A) a report to the parents on the student's
academic achievement, including a comparison with the
aggregate academic achievement of other students in the
same grade or level at the school who receive a
scholarship from a scholarship granting organization,
if available, and
``(B) a report, to each scholarship granting
organization that provides scholarships to students at
the school, that includes--
``(i) the test results, in the aggregate
and disaggregated by race or ethnicity and
grade level, of the students receiving such
scholarships who are in grades 3 through 12 on
a grade-appropriate nationally norm-referenced
standardized test, or a grade-appropriate
State-recognized assessment, and
``(ii) any additional data requested by the
Director of the Institute of Education Sciences
in accordance with section 2(d)(B) of the
Educational Opportunities Act.
``(2) No personally identifiable information.--In preparing
and submitting the report described in paragraph (1)(B), a
school shall not include any personally identifiable
information regarding a student.
``(f) Denial of Double Benefit.--No deduction shall be allowed
under any provision of this chapter for any expense for which a credit
is allowed under this section.
``(g) Election.--This section shall apply to a taxpayer for a
taxable year only if such taxpayer elects to have this section apply
for such taxable year.''.
(2) 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 25D the
following new item:
``Sec. 25E. Qualified elementary and secondary education tuition.''.
(b) Credit for Corporations.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS.
``(a) General Rule.--For purposes of section 38, in the case of a
corporation, the education scholarship credit determined under this
section for the taxable year is the aggregate amount of qualified
contributions for the taxable year.
``(b) Limitation.--The amount of the credit determined under this
section for any taxable year shall not exceed $100,000.
``(c) Qualified Contributions.--For purposes of this section, the
term `qualified contribution' has the meaning given such term under
section 25E.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under any provision of this chapter for any expense for which a credit
is allowed under this section.
``(e) Election.--This section shall apply to a taxpayer for a
taxable year only if such taxpayer elects to have this section apply
for such taxable year.''.
(2) Conforming amendments.--
(A) Section 38(b) of such Code is amended by
striking ``plus'' at the end of paragraph (35), by
striking the period and inserting ``, plus'' at the end
of paragraph (36), and by adding at the end the
following new paragraph:
``(37) the education scholarship credit determined under
section 45S(a).''.
(B) The table of sections for subpart D of part IV
of subchapter A of chapter 1 of such Code is amended by
adding at the end the following new item:
``Sec. 45S. Contributions to scholarship granting organizations.''.
(c) Excise Tax on Failure of Scholarship Granting Organizations To
Make Distributions.--
(1) In general.--Chapter 42 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subchapter:
``Subchapter H--Scholarship Granting Organizations
``Sec. 4968. Tax on failure to distribute receipts.
``SEC. 4968. TAX ON FAILURE TO DISTRIBUTE RECEIPTS.
``(a) Tax Imposed.--There is hereby imposed a tax on the failure of
a scholarship granting organization (as defined in section 25E(c)(2))
to make distributions in any taxable year in an amount equal to or in
excess of the required distribution amount before the distribution
deadline.
``(b) Amount of Tax.--The tax imposed by subsection (a) shall be
equal to 15 percent of the excess (if any) of--
``(1) the required distribution amount with respect to the
taxable year, over
``(2) the amount of receipts of the scholarship granting
organization for such taxable year which are distributed before
the distribution deadline with respect to such receipts.
``(c) Definitions.--For purposes of this section--
``(1) Required distribution amount.--The required
distribution amount with respect to a taxable year is the
amount equal to 90 percent of the total receipts of the
scholarship granting organization for such taxable year.
``(2) Distributions.--The term `distribution' includes
amounts which are formally committed but not distributed.
``(3) Distribution deadline.--The distribution deadline
with respect to receipts for a taxable year is the first day of
the second taxable year following the taxable year in which
such receipts are received by the scholarship granting
organization.
``(d) Reasonable Cause Exception.--The tax imposed by subsection
(a) shall not apply with respect to any failure to make required
distributions before the distribution deadline which is not willful and
is due to reasonable cause.''.
(2) Abatement of tax.--
(A) General rule.--Subsection (b) of section 4962
of such Code is amended by striking ``or G'' and
inserting ``G, or H''.
(B) First tier tax.--Subsection (a) of section 4963
of such Code is amended by inserting ``4968,'' after
``4967,''.
(C) Taxable event.--Subsection (c) of section 4963
of such Code is amended by inserting ``4968,'' after
``4967,''.
(3) Correction period.--Subparagraph (A) of section
4963(e)(2) of such Code is amended by inserting ``or 4968''
after ``4942''.
(4) Conforming amendment.--The table of subchapters for
chapter 42 of such Code is amended by adding at the end the
following new item:
``subchapter h. scholarship granting organizations''.
(d) Evaluations.--
(1) Definitions.--In this section--
(A) the terms ``eligible student'', ``qualified
elementary and secondary education expenses'', and
``scholarship granting organization'' have the meanings
given such terms in section 25E(c) of the Internal
Revenue Code of 1986, as added by this Act;
(B) the term ``Director'' means the Director of the
Institute of Education Sciences; and
(C) the term ``participating student'' means an
eligible student who receives a scholarship for
qualified elementary and secondary education expenses
from a scholarship granting organization.
(2) Evaluations.--
(A) In general.--By not later than April 1 of the
year following the year of the date of enactment of
this Act, and by April 1 of each subsequent year, the
Director shall conduct an annual evaluation to
determine the effectiveness of scholarships provided by
scholarship granting organizations to eligible students
in improving the academic achievement and success of
the eligible students.
(B) Contents of the evaluation.--In conducting the
evaluation required under this subsection, the Director
shall--
(i) request, from each scholarship granting
organization, the reports provided to the
scholarship granting organization by the
schools accepting participating students, in
accordance with section 25E(e)(1)(B);
(ii) using the reports described in clause
(i), assess the academic achievement of all
participating students in grades 3 through 12,
based on the nationally norm-referenced
standardized test or State-recognized
assessment used by each school;
(iii) evaluate the school retention rates,
secondary school graduation rates, and
institution of higher education admission rates
of participating students;
(iv) evaluate the success of the tax
credits allowed under sections 25E and 45S of
the Internal Revenue Code of 1986, as added by
this Act, in expanding school choice options
for parents of participating students,
increasing the satisfaction of such parents and
students, and increasing parental involvement
of such parents in the education of their
students; and
(v) evaluate such other issues with respect
to the education of participating students as
the Director considers appropriate for
inclusion in the evaluation.
(3) Reports.--By not later than April 1 of the year after
the year of the first evaluation under paragraph (2), and by
April 1 of each subsequent year, the Director shall submit to
the Committee on Ways and Means and the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee
on Finance and the Committee on Education and the Workforce of
the House of Representatives, an annual report on scholarships
provided by scholarship granting organizations that
incorporates the results of the most recent evaluation
described in paragraph (2).
(4) Prohibition.--No personally identifiable information
shall be disclosed in the data, evaluations, and reports
required under this subsection.
(5) Public availability.--The Director shall make all
evaluations, reports, and underlying data gathered pursuant to
this subsection available to the public, upon request and in a
timely manner following submission of the applicable report or
evaluation under this subsection, subject to paragraph (4).
(e) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall apply to taxable years beginning after December 31, 2013. | Educational Opportunities Act - Amends the Internal Revenue Code to allow individual taxpayers a tax credit for charitable contributions to a scholarship granting organization. Allows a maximum credit amount of $4,500 ($2,250 for a married individual filing a separate return). Defines "scholarship granting organization" as a tax-exempt entity whose exclusive purpose is to provide scholarships for the tuition and other expenses of elementary and secondary school students from low income households (i.e., household income not exceeding 250% of federal poverty guidelines). Allows corporate taxpayers a tax credit, up to $100,000, for contributions to a scholarship granting organization. Imposes a penalty on scholarship granting organizations that fail to distribute at least 90% of their total receipts for elementary and secondary school expenses in a taxable year. | {"src": "billsum_train", "title": "Educational Opportunities Act"} | 3,469 | 183 | 0.594691 | 1.449234 | 0.888075 | 2.108844 | 21.238095 | 0.829932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethics in Foreign Lobbying Act of
1995''.
SEC. 2. PROHIBITION OF CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE
POLITICAL COMMITTEES OR SEPARATE SEGREGATED FUNDS
SPONSORED BY FOREIGN-CONTROLLED CORPORATIONS AND
ASSOCIATIONS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
441 et seq.) is amended by adding at the end the following new section:
``prohibition of contributions and expenditures by multicandidate
political committees sponsored by foreign-controlled corporations and
associations
``Sec. 324. (a) Notwithstanding any other provision of law--
``(1) no multicandidate political committee or separate
segregated fund of a foreign-controlled corporation may make
any contribution or expenditure with respect to an election for
Federal office; and
``(2) no multicandidate political committee or separate
segregated fund of a trade organization, membership
organization, cooperative, or corporation without capital stock
may make any contribution or expenditure with respect to an
election for Federal office if 50 percent or more of the
operating fund of the trade organization, membership
organization, cooperative, or corporation without capital stock
is supplied by foreign-controlled corporations or foreign
nationals.
``(b) The Commission shall--
``(1) require each multicandidate political committee or
separate segregated fund of a corporation to include in the
statement of organization of the multicandidate political
committee or separate segregated fund a statement (to be
updated annually and at any time when the percentage goes above
or below 50 percent) of the percentage of ownership interest in
the corporation that is controlled by persons other than
citizens or nationals of the United States;
``(2) require each trade association, membership
organization, cooperative, or corporation without capital stock
to include in its statement of organization of the
multicandidate political committee or separate segregated fund
(and update annually) the percentage of its operating fund that
is derived from foreign-owned corporations and foreign
nationals; and
``(3) take such action as may be necessary to enforce
subsection (a).
``(c) The Commission shall maintain a list of the identity of the
multicandidate political committees or separate segregated funds that
file reports under subsection (b), including a statement of the amounts
and percentage reported by such multicandidate political committees or
separate segregated funds.
``(d) As used in this section--
``(1) the term `foreign-owned corporation' means a
corporation at least 50 percent of the ownership interest of
which is controlled by persons other than citizens or nationals
of the United States;
``(2) the term `multicandidate political committee' has the
meaning given that term in section 315(a)(4);
``(3) the term `separate segregated fund' means a separate
segregated fund referred to in section 316(b)(2)(C); and
``(4) the term `foreign national' has the meaning given
that term in section 319.''.
SEC. 3. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES OF FOREIGN
NATIONALS.
Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441e) is amended by adding at the end the following new subsection:
``(c) A foreign national shall not direct, dictate, control, or
directly or indirectly participate in the decisionmaking process of any
person, such as a corporation, labor organization, or political
committee, with regard to such person's Federal or non-Federal
election-related activities, such as decisions concerning the making of
contributions or expenditures in connection with elections for any
local, State, or Federal office or decisions concerning the
administration of a political committee.''.
SEC. 4. ESTABLISHMENT OF A CLEARINGHOUSE OF POLITICAL ACTIVITIES
INFORMATION WITHIN THE FEDERAL ELECTION COMMISSION.
(a) There shall be established within the Federal Election
Commission a clearinghouse of existing public information regarding the
political activities of foreign principals and foreign agents (as
defined by the Foreign Agents Registration Act of 1938, as amended).
The information comprising this clearinghouse shall include and be
solely limited to the following:
(1) Existing publicly disclosed registrations and quarterly
reports required by the Federal Regulation of Lobbying Act (2
U.S.C. 261-270).
(2) Existing publicly disclosed registrations and quarterly
reports required by the Foreign Agents Registration Act, as
amended (22 U.S.C. 611-621).
(3) The catalogue of public hearings, hearings witnesses
and witness affiliations as printed in the Congressional
Record.
(4) Existing public information disclosed pursuant to House
and Senate rules regarding honoraria, the receipt of gifts,
travel, earned and unearned income, post-congressional
employment, and conflict of interest regulations.
(5) Existing public information disclosed pursuant to the
requirements of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.).
(b) Notwithstanding any other provision of law, the disclosure by
the clearinghouse of any information other than that set forth in
subsection (a) shall be prohibited except by Act of Congress.
(c) A Director shall administer and manage the responsibilities and
all activities of the clearinghouse.
(d) The Director shall be appointed by the Federal Election
Commission.
(e) The Director shall serve a single term not to exceed 5 years.
(f) There shall be authorized such sums as necessary to conduct
activities of the clearinghouse.
SEC. 5. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF THE
CLEARINGHOUSE.
(a) In General.--It shall be the duty of the Director--
(1) to develop a filing, coding, and cross-indexing system
to carry out the purposes of this Act (which shall include an
index of all persons identified in the reports, registrations,
and other existing public disclosures filed under this Act);
(2) notwithstanding any other provision of law, to make
copies of registrations, reports and public disclosures filed
with him under this Act available for public inspection and
copying, commencing as soon as practicable, and to permit
copying of any such registration or report by hand or by
copying machine or, at the request of any person, to furnish a
copy of any such registration or report upon payment of the
cost of making and furnishing such copy; but no information
contained in such registration or report shall be sold or
utilized by any person for the purpose of soliciting
contributions or for any profit-making purpose;
(3) to compile and summarize, for each calendar quarter,
the information contained in such registrations, reports, and
other existing public disclosures required by this Act in a
manner which facilitates the disclosure of political
activities, including, but not limited to, information on--
(A) political activities pertaining to issues
before the Congress and issues before the executive
branch; and
(B) the political activities of individuals,
organizations, foreign principals, and foreign agents
who share an economic, business, or other common
interest;
(4) to make the information compiled and summarized under
paragraph (3) available to the public within 30 days after the
close of each quarterly period, and to publish such information
in the Federal Register at the earliest practicable
opportunity;
(5) not later than 150 days after the date of the enactment
of this Act and at any time thereafter, to prescribe, in
consultation with the Comptroller General of the United States,
rules, regulations, and forms, in conformity with the
provisions of chapter 5 of title 5, United States Code, as are
necessary to carry out the provisions of this Act in the most
effective and efficient manner;
(6) at the request of any Member of the Senate or the House
of Representatives, to prepare and submit to such Member a
special study or report relating to the political activities of
any person, such report to consist solely of the information in
the registrations, reports, and other publicly disclosed
information required in this Act;
(7) to require the accurate, timely, and complete transfer
of information required under section 1 of this Act to the
clearinghouse; and
(8) to refer to the Comptroller General for investigation
any instances where registrations, reports, and political
information required in section 1 of this Act are not forwarded
to the clearinghouse in an accurate, timely, and complete
fashion.
(b) Definitions.--As used in this section--
(1) the term ``issue before the Congress'' means the total
of all matters, both substantive and procedural, relating to
(A) any pending or proposed bill, resolution, report,
nomination, treaty, hearing, investigation, or other similar
matter in either the Senate or the House of Representatives or
any committee or office of the Congress, or (B) any action or
proposed action by a Member, officer, or employee of the
Congress to affect, or attempt to affect, any action or
proposed action by any officer or employee of the executive
branch; and
(2) the term ``issue before the executive branch'' means
the total of all matters, both substantive and procedural,
relating to any action or possible action by any executive
agency, or by any officer or employee of the executive branch,
concerning (A) any pending or proposed rule, rule of practice,
adjudication, regulation, determination, hearing,
investigation, contract, grant, license, negotiation, or the
appointment of officers and employees, other than appointments
in the competitive service, or (B) any issue before the
Congress.
SEC. 6. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT OF 1938, AS
AMENDED.
(a) Section 2(b) of the Foreign Agents Registration Act of 1938, as
amended, is amended in the first sentence by striking out ``, within
thirty days'' and all that follows through ``preceding six months'
period'' and inserting in lieu thereof ``on January 31, April 30, July
31, and October 31 of each year, file with the Attorney General a
supplement thereto on a form prescribed by the Attorney General, which
shall set forth regarding the three-month periods ending the previous
December 31, March 31, June 30, and September 30, respectively, or if a
lesser period, the period since the initial filing,''.
(b) Section 3(g) of the Foreign Agents Registration Act of 1938, as
amended, is amended by inserting after ``whether formal or informal.''
the following: ``Notwithstanding any other provision of law, persons
covered by this subsection shall be exempt only upon filing with the
Attorney General an affirmative request for exemption.''.
(c) Section 8 of the Foreign Agents Registration Act of 1938, as
amended, is amended by adding at the end thereof the following:
``(i)(1) Any person who is determined, after notice and opportunity
for an administrative hearing--
``(A) to have failed to file a registration statement under
section 2(a) or a supplement thereto under section 2(b),
``(B) to have omitted a material fact required to be stated
therein, or
``(C) to have made a false statement with respect to such a
material fact,
shall be required to pay a civil penalty in an amount not less than
$2,000 or more than $5,000 for each violation committed. In determining
the amount of the penalty, the Attorney General shall give due
consideration to the nature and duration of the violation.
``(2)(A) In conducting investigations and hearings under paragraph
(1), administrative law judges may, if necessary, compel by subpoena
the attendance of witnesses and the production of evidence at any
designated place or hearing.
``(B) In the case of contumacy or refusal to obey a subpoena
lawfully issued under this paragraph and, upon application by the
Attorney General, an appropriate district court of the United States
may issue an order requiring compliance with such subpoena and any
failure to obey such order may be punished by such court as contempt
thereof.''. | Ethics in Foreign Lobbying Act of 1995 - Amends the Federal Election Campaign Act of 1971 to prohibit contributions and expenditures in Federal elections by multicandidate political committees or separate segregated funds sponsored by foreign-controlled (at least 50 percent owned by a non-U.S. citizen or foreign national) corporations and associations. Sets forth ownership and operating fund reporting requirements.
Prohibits a foreign national from participating in the decision-making process of any person's (such as a corporation, labor organization, or political committee) election-related activities.
Establishes within the Federal Election Commission a clearinghouse of existing public information regarding foreign principals' and agents' political activities.
Amends the Foreign Agents Registration Act of 1938, as amended, to: (1) revise foreign agents' supplemental reporting requirements; and (2) provide civil penalties for specified reporting violations. | {"src": "billsum_train", "title": "Ethics in Foreign Lobbying Act of 1995"} | 2,677 | 190 | 0.570705 | 1.632663 | 0.85138 | 3.640244 | 15.243902 | 0.871951 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Trade in Insurance Services Act
of 1994''.
SEC. 2. EFFECTUATING THE PRINCIPLE OF NATIONAL TREATMENT FOR INSURANCE
ORGANIZATIONS.
(a) Purpose.--The purpose of this section is to encourage foreign
countries to accord national treatment to United States insurance
organizations that operate or seek to operate in those countries.
(b) Identifying Countries that Deny National Treatment to United
States Insurance Organizations.--The President shall identify the
extent to which foreign countries deny national treatment to United
States insurance organizations--
(1) according to the most recent report under section 3602
of the Omnibus Trade and Competitiveness Act of 1988 (or the
most recent update of any such report); or
(2) based on more recent information that the President
considers to be appropriate.
(c) Determining Whether Denial of National Treatment has a
Significant Adverse Effect.--
(1) In general.--The President shall determine whether the
denial of national treatment to United States insurance
organizations by a foreign country identified under subsection
(b) has a significant adverse effect on such organizations.
(2) Factors to be considered.--In determining whether and
to what extent a foreign country denies national treatment to
United States insurance organizations, and in determining the
effect of any such denial on such insurance organizations, the
President shall consider appropriate factors, including--
(A) the extent of United States trade with and
investment in the foreign country, the size of the
foreign country's markets for the insurance services
involved, and the ability and the extent to which
United States insurance organizations operate or seek
to operate in those markets;
(B) the importance of operations by United States
insurance organizations in the foreign country to the
export of goods and services by United States firms to
such country;
(C) the extent to which the foreign country
provides in advance to United States insurance
organizations any measure of general application that
the country proposes to adopt, such as regulations,
guidelines or other policies regarding new products,
services, and markets in order to allow an opportunity
for such insurance organizations to comment on the
measure and for such comments to be taken into account
by the foreign country;
(D) the extent to which the foreign country--
(i) makes available, in writing, to United
States insurance organizations the foreign
country's requirements for completing
applications relating to the provision of
insurance services;
(ii) applies published, objective,
standards and criteria in evaluating any such
applications from United States insurance
organizations; and
(iii) renders administrative decisions with
respect to any such application within a
reasonable period of time;
(E) the extent to which United States insurance
organizations may conduct activities or provide
services in the foreign country that insurance
organizations organized under the laws of the foreign
country may not conduct or provide in the foreign
country; and
(F) the extent to which United States insurance
organizations are affected in their operations and
ability to compete on an equal basis by--
(i) the licensing policies of the insurance
regulator of that country;
(ii) capital requirements applicable in
that country with respect to insurance
activities;
(iii) restrictions on acquisitions or joint
ventures, and operations of such acquisitions
and joint ventures, by insurance organizations
in that country;
(iv) restrictions on the operation and
establishment of branches in that country; and
(v) requirements for seeking approval of
rates, rules, and policy forms when introducing
new products, services, and pricing techniques.
(d) Publication of Determination.--
(1) Publication.--If the President determines that the
denial of national treatment to United States insurance
organizations by a foreign country has a significant adverse
effect on such organizations, the President--
(A) may, after the Trade Representative has
initiated negotiations in accordance with subsection
(g) publish that determination in the Federal Register;
(B) shall, not less frequently than annually, in
consultation with any department or agency that the
President considers to be appropriate, review each such
determination to determine whether the determination
should be rescinded; and
(C) shall inform State insurance commissioners or
regulatory agencies of the publication of such
determination.
(2) Exception for countries with national treatment
commitments.--Paragraph (1) shall not apply to a foreign
country that the President determines has provided the United
States with a binding and substantially full market access and
national treatment commitment in insurance services, and
adheres to that commitment in practice.
(e) Discretionary Sanctions.--
(1) Action by the president.--
(A) In general.--Subject to subparagraph (B), the
President may recommend to the Secretary of the
Treasury that the Secretary suspend the acceptance of,
or not accept, a registration statement that is filed
pursuant to section 3 after the date of publication of
a determination under subsection (d)(1) by a person of
a foreign country listed in such publication if the
President determines that--
(i) such action would assist the United
States in negotiations to eliminate denials of
national treatment against United States
insurance organizations;
(ii) negotiations undertaken pursuant to
subsection (g) are not likely to result in an
agreement that eliminates the denial of
national treatment; or
(iii) the country has not adequately
adhered to an agreement reached as a result of
negotiations undertaken pursuant to subsection
(g).
(B) Consistency with bilateral and multilateral
agreements.--The authority of the President under
subparagraph (A) may not be used to take actions which
are inconsistent with any bilateral or multilateral
agreement that governs insurance services that has been
entered into by the President and approved by the
Senate and House of Representatives.
(C) Suspensions of filings of registrations.--
(i) In general.--Notwithstanding any other
provision of law, if the President recommends,
pursuant to subparagraph (A), that the
Secretary suspend the acceptance of any
registration of an alien insurance company
under section 3, the Secretary shall--
(I) suspend the Secretary's
acceptance of such registration for a
period of 180 days; and
(II) at the recommendation of the
President, extend such suspension for
an additional period of 180 days.
(ii) Termination of suspension.--The
Secretary shall, on the recommendation of the
President, terminate any suspension in effect
under clause (i).
(D) Alternative action.--If the President
determines that the procedure outlined in subparagraph
(A) is either inappropriate or impractical to achieve
the purpose of this section, the President may take
such action under other provisions of law as the
President considers necessary and appropriate to
encourage foreign countries to accord national
treatment to United States insurance organizations that
operate or seek to operate in those countries.
(f) Existing Alien Insurance Organization Activity.--The authority
of subsection (e) may not be exercised with the respect to any
registration filed by an alien insurance organization which is engaged
in insurance activities within the United States as of March 8, 1994.
(g) Negotiations.--
(1) In general.--The Trade Representative--
(A) shall initiate negotiations with any foreign
country with respect to which a determination made
under subsection (c)(1) is in effect to ensure that
such country accords national treatment to United
States insurance organizations; and
(B) may initiate negotiations with any foreign
country that denies national treatment to United States
insurance organizations to ensure that the foreign
country accords national treatment to such
organizations.
(2) Exceptions.--Paragraph (1) shall not apply with respect
to any foreign country if the President--
(A) determines that the negotiations--
(i) would be unlikely to result in progress
toward according national treatment to United
States insurance organizations; or
(ii) would impair the economic interests of
the United States; and
(B) submits a written notice of that determination
to the Congress.
(h) Report.--
(1) Contents of report.--Not later than December 1, 1994,
and biennially thereafter, the President shall transmit to the
Congress a report that--
(A) specifies the foreign countries identified
under subsection (b);
(B) if a determination has been published under
subsection (d)(1) with respect to the foreign country,
provides the reasons for such determination;
(C) if the President has not made or has rescinded
such a determination with respect to the foreign
country, provides the reasons for the failure to make
the determination or for the rescission;
(D) describes the results of any negotiations
conducted under subsection (g)(1) with the foreign
country; and
(E) discusses the effectiveness of this section in
achieving the purposes of the section.
(2) Submission of report.--The report required by paragraph
(1) may be submitted as part of a report or update submitted
under section 3602 of the Omnibus Trade and Competitiveness Act
of 1988.
(i) Delegation.--
(1) In general.--The President may delegate any authority
of the President under this section.
(2) Exercise of authority.--If the President delegates any
authority of the President under this section, the designee's
authority shall be exercised according to the specific
direction (if any) of the President.
(j) Consultation.--In carrying out the duties under this Act, the
President, or the President's designee, may consult with the
appropriate State insurance commissioners or regulatory agencies and
other entities the President or designee may consider appropriate.
(k) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Alien insurance organization.--The term ``alien
insurance organization'' means an insurance organization which
is a person of a foreign country.
(2) Insurance organization.--The term ``insurance
organization'' means any insurer and any reinsurer.
(3) Insurer.--The term ``insurer'' means a party to a
contract of insurance who assumes the risk and undertakes to
indemnify the insured, or to pay a certain sum on the
occurrence of a specified contingency.
(4) National treatment.--The term ``national treatment''
means, with respect to any foreign country, treatment that
offers United States insurance organizations the same
competitive opportunities (including effective market access
and market penetration) in such country as are available to the
country's domestic insurance organizations in like
circumstances.
(5) Person of a foreign country.--The term ``person of a
foreign country'' means--
(A) an entity that--
(i) is organized under the laws of the
foreign country, or
(ii) has its principal place of business in
the foreign country;
(B) an individual who--
(i) is a citizen of the foreign country, or
(ii) is domiciled in the foreign country;
or
(C) any person that is directly or indirectly
controlled by any entity or individual described in
subparagraph (A) or (B).
(6) Reinsurer.--The term ``reinsurer'' means an insurer
which contracts to indemnify a ceding insurer for all or part
of a risk originally undertaken by the ceding insurer.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(8) Trade Representative.--The term ``Trade
Representative'' means the United States Trade Representative.
SEC. 3. REGISTRATION OF ALIEN INSURANCE ORGANIZATIONS WITH THE
SECRETARY OF THE TREASURY.
(a) In General.--No alien insurance organization (as defined in
section 2(i)(1)) may engage in insurance activities within the United
States after the date of the enactment of this Act unless--
(1) a registration statement has been filed by the company
with the Secretary of the Treasury indicating the
organization's intention to engage in insurance activities
within the United States; and
(2) applicable State insurance requirements have been
satisfied.
(b) Annual Report.--The Secretary of the Treasury shall submit an
annual report to the Congress on the level of alien insurance
organization activity within the United States.
SEC. 4. CONFORMING AMENDMENT.
(a) Report on Denial of National Treatment for Insurance
Organizations.--Section 3602(3) of the Omnibus Trade and
Competitiveness Act of 1988 (22 U.S.C. 5352(3)) is amended by inserting
``, insurance organizations,'' after ``banking organizations''.
(b) Reports on Foreign Treatment of United States Financial
Institutions.--Section 3602 of the Omnibus Trade and Competitiveness
Act of 1988 (22 U.S.C. 5352) is amended--
(1) in the 1st sentence, by inserting ``with updates on
significant developments every 2 years following the study
conducted in 1994,'' before ``the Secretary of the Treasury'';
and
(2) by adding at the end the following: ``For purposes of
this section, a foreign country denies national treatment to
United States entities unless the foreign country offers such
entities the same competitive opportunities (including
effective market access) as are available to the domestic
entities of the foreign country.''.
(c) Negotiations To Promote Fair Trade in Financial Services.--
Section 3603(a)(1) of the Omnibus Trade and Competitiveness Act of 1988
(22 U.S.C. 5353(a)(1)) is amended by inserting ``effective'' before
``access''. | Fair Trade in Insurance Services Act of 1994 - Directs the President to: (1) identify foreign countries that deny national treatment to U.S. insurance organizations; and (2) determine whether such denial has a significant adverse effect on them. Requires the President, when making such determinations, to consider specified factors, including: (1) the ability and extent to which U.S. insurance organizations can operate or seek to operate in the foreign country's market; (2) the importance of operations by such organizations in the foreign country to the export of goods and services by U.S. firms to such country; (3) the extent to which such organizations may conduct activities or provide services in the foreign country that insurance organizations organized under such foreign country's laws may not conduct or provide there; and (4) the extent to which such U.S. organizations are affected in their operations and ability to compete on an equal basis in such foreign country's market.
Authorizes the President to recommend to the Secretary of the Treasury (Secretary) that the Secretary suspend the acceptance of, or not accept, a certain registration statement filed by a person of an identified foreign country if the President determines that: (1) such action would assist the United States in negotiations to eliminate denials of national treatment against U.S. insurance organizations; (2) such negotiations are not likely to result in an agreement to eliminate such denial; or (3) the country has not adhered to such an agreement. Prohibits such sanctions with respect to any registration filed by an alien insurance organization which does business in the United States as of March 8, 1994.
Requires the President to report biennially to the Congress on: (1) foreign countries that deny national treatment to U.S. insurance companies; and (2) the results of any negotiations with respect to the elimination of such treatment denials.
(Sec. 3) Prohibits alien insurance organizations from engaging in insurance activities within the United States unless certain registration and related requirements are met. | {"src": "billsum_train", "title": "Fair Trade in Insurance Services Act of 1994"} | 2,911 | 419 | 0.749466 | 2.358748 | 0.781006 | 3.748072 | 6.96401 | 0.920308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay Workers a Living Wage Act''.
SEC. 2. MINIMUM WAGE INCREASES.
(a) Minimum Wage.--
(1) In general.--Section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read
as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $9.00 an hour, beginning on January 1, 2016,
or the first day of the third month that begins after
the date of enactment of the Pay Workers a Living Wage
Act, whichever date is later;
``(B) $10.50 an hour, beginning 1 year after the
date the wage specified in subparagraph (A) takes
effect;
``(C) $12.00 an hour, beginning 2 years after such
date;
``(D) $13.50 an hour, beginning 3 years after such
date;
``(E) $15.00 an hour, beginning 4 years after such
date; and
``(F) beginning on the date that is 5 years after
such date, and annually thereafter, the amount
determined by the Secretary pursuant to subsection
(h);''.
(2) Determination based on increase in the median hourly
wage of all employees.--Section 6 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206) is amended by adding at the end the
following:
``(h)(1) Each year, by not later than the date that is 90 days
before a new minimum wage determined under subsection (a)(1)(F) is to
take effect, the Secretary shall determine the minimum wage to be in
effect pursuant to this subsection for each period described in
subsection (a)(1)(F). The wage determined pursuant to this subsection
for a year shall be--
``(A) not less than the amount in effect under subsection
(a)(1) on the date of such determination;
``(B) increased from such amount by the annual percentage
increase in the median hourly wage of all employees, as
determined by the Bureau of Labor Statistics; and
``(C) rounded to the nearest multiple of $0.05.
``(2) In calculating the annual percentage increase in the median
hourly wage of all employees for purposes of paragraph (1)(B), the
Secretary through the Bureau of Labor Statistics shall compile data on
the hourly wages of all employees to determine such a median hourly
wage and compare such median hourly wage for the most recent year for
which data are available with the median hourly wage determined for the
preceding year.''.
(b) Base Minimum Wage for Tipped Employees.--Section 3(m)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)) is amended to
read as follows:
``(1) the cash wage paid such employee, which for purposes
of such determination shall be not less than--
``(A) for the 1-year period beginning on January 1,
2016, or the first day of the third month that begins
after the date of enactment of the Pay Workers a Living
Wage Act, whichever date is later, $3.15 an hour;
``(B) for each succeeding 1-year period until the
hourly wage under this paragraph equals the wage in
effect under section 6(a)(1) for such period, an hourly
wage equal to the amount determined under this
paragraph for the preceding year, increased by the
lesser of--
``(i) $1.50; or
``(ii) the amount necessary for the wage in
effect under this paragraph to equal the wage
in effect under section 6(a)(1) for such
period, rounded to the nearest multiple of
$0.05; and
``(C) for each succeeding 1-year period after the
year in which the hourly wage under this paragraph
first equals the wage in effect under section 6(a)(1)
for the same period, the amount necessary to ensure
that the wage in effect under this paragraph remains
equal to the wage in effect under section 6(a)(1),
rounded to the nearest multiple of $0.05; and''.
(c) Tips Retained by Employees.--Section 3(m) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)) is amended--
(1) in the second sentence of the matter following
paragraph (2), by striking ``of this subsection, and all tips
received by such employee have been retained by the employee''
and inserting ``of this subsection. Any employee shall have the
right to retain any tips received by such employee''; and
(2) by adding at the end the following: ``An employer shall
inform each employee of the right and exception provided under
the preceding sentence.''.
(d) Scheduled Repeal of Separate Minimum Wage for Tipped
Employees.--
(1) Tipped employees.--Effective on the date described in
paragraph (3), section 3(m) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(m)), as amended by subsections (b) and (c),
is amended by striking the sentence beginning with ``In
determining the wage an employer is required to pay a tipped
employee,'' and all that follows through ``of this
subsection.'' and inserting ``The wage required to be paid to a
tipped employee shall be the wage set forth in section
6(a)(1).''.
(2) Publication of notice.--Effective on the date described
in paragraph (3), section 6(i) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(i)), as added by subsection (e), is
amended by striking ``or required for tipped employees'' and
all that follows through ``(as applicable)''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the date that is one day after the
date on which the hourly wage under section 3(m)(1)(C) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)(C)) takes
effect.
(e) Youth Minimum Wage.--Section (6)(g)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended by striking ``a
wage which is not less than $4.25 an hour'' and inserting ``a wage at a
rate that is not less than the rate prescribed by subsection (a)(1),
reduced by $3.00 per hour''.
(f) Publication of Notice.--Section 6 of the Fair Labor Standards
Act of 1938 (as amended by subsections (a) and (e)) (29 U.S.C. 206) is
further amended by adding at the end the following:
``(i)(1) Not later than 60 days prior to the effective date of any
adjusted required wage, the Secretary shall publish in the Federal
Register and on the website of the Department of Labor a notice
announcing the amount of the adjusted required wage.
``(2) In this subsection, the term `adjusted required wage' means
any increase in the minimum wage that is--
``(A) determined under subsection (h);
``(B) required for tipped employees in accordance with
subparagraph (B) or (C) of section 3(m)(1) (as applicable); or
``(C) required for employees who have not attained the age
of 20 years in accordance with subsection (g).''.
(g) Effective Date.--The amendments made by subsections (a), (b),
and (e) shall take effect on January 1, 2016, or the first day of the
third month that begins after the date of enactment of this Act,
whichever date is later. | Pay Workers a Living Wage Act This bill amends the Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to: (1) $9.00 an hour on January 1, 2016, or, if later, on the first day of the third month after enactment of this Act; (2) $10.50 an hour after one year; (3) $12.00 an hour after two years; (4) $13.50 an hour after three years; (5) $15.00 an hour after four years; and (6) the amount the Department of Labor determines (based on increases in the median hourly wage of all employees) after five years, and annually thereafter. The federal minimum wage for tipped employees shall increase to $3.15 an hour for one year on January 1, 2016, or the first day of the third month after enactment of this Act, whichever is later. Subsequent annual adjustments of the wage increase, according to a specified formula, shall ensure that it remains equal to the wage in effect under FLSA for other employees. Employers must notify their employees of the right to retain any received tips. The separate minimum wage requirements for tipped employees shall end, effective one day after the hourly wage established for them under this Act takes effect. Any employer may pay any newly hired employee under age 20, during the first 90 consecutive days after initial employment, a wage at a rate (currently $4.25 per hour) that is not less than the standard minimum rate, reduced by $3.00 per hour. The Secretary must publish the amount of any upwardly adjusted required wage in the Federal Register and on the Department of Labor's website 60 days before it takes effect. | {"src": "billsum_train", "title": "Pay Workers a Living Wage Act"} | 1,750 | 353 | 0.666129 | 1.838679 | 0.778252 | 3.10479 | 4.769461 | 0.889222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Witness Protection Enhancement Act
of 2007''.
SEC. 2. SHORT-TERM STATE WITNESS PROTECTION SECTION.
(a) Establishment.--
(1) In general.--Chapter 37 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 570. Short-Term State Witness Protection Section
``(a) In General.--There is established in the United States
Marshals Service a Short-Term State Witness Protection Section which
shall provide protection for witnesses in State and local trials
involving homicide or other major violent crimes pursuant to
cooperative agreements with State and local criminal prosecutor's
offices and the United States attorney for the District of Columbia.
``(b) Eligibility.--
``(1) In general.--The Short-Term State Witness Protection
Section shall give priority in awarding grants and providing
services to--
``(A) criminal prosecutor's offices for States with
an average of not less than 100 murders per year; and
``(B) criminal prosecutor's offices for
jurisdictions that include a city, town, or township
with an average violent crime rate per 100,000
inhabitants that is above the national average.
``(2) Calculation.--The rate of murders and violent crime
under paragraph (1) shall be calculated using the latest
available crime statistics from the Federal Bureau of
Investigation during the 5-year period immediately preceding an
application for protection.''.
(2) Chapter analysis.--The chapter analysis for chapter 37
of title 28, United States Code, is amended by striking the
items relating to sections 570 through 576 and inserting the
following:
``570. Short-Term State Witness Protection Section.''.
(b) Grant Program.--
(1) Definitions.--In this subsection--
(A) the term ``eligible prosecutor's office'' means
a State or local criminal prosecutor's office or the
United States attorney for the District of Columbia;
and
(B) the term ``serious violent felony'' has the
same meaning as in section 3559(c)(2) of title 18,
United States Code.
(2) Grants authorized.--
(A) In general.--The Attorney General is authorized
to make grants to eligible prosecutor's offices for
purposes of identifying witnesses in need of protection
or providing short-term protection to witnesses in
trials involving homicide or serious violent felony.
(B) Allocation.--Each eligible prosecutor's office
receiving a grant under this subsection may--
(i) use the grant to identify witnesses in
need of protection or provide witness
protection (including tattoo removal services);
or
(ii) pursuant to a cooperative agreement
with the Short-Term State Witness Protection
Section of the United States Marshals Service,
credit the grant to the Short-Term State
Witness Protection Section to cover the costs
to the section of providing witness protection
on behalf of the eligible prosecutor's office.
(3) Application.--
(A) In general.--Each eligible prosecutor's office
desiring a grant under this subsection shall submit an
application to the Attorney General at such time, in
such manner, and accompanied by such information as the
Attorney General may reasonably require.
(B) Contents.--Each application submitted under
subparagraph (A) shall--
(i) describe the activities for which
assistance under this subsection is sought; and
(ii) provide such additional assurances as
the Attorney General determines to be essential
to ensure compliance with the requirements of
this subsection.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $90,000,000 for
each of fiscal years 2008 through 2010.
SEC. 3. WITNESS PROTECTION SERVICES.
Section 3526 of title 18, United States Code (Cooperation of other
Federal agencies and State governments; reimbursement of expenses) is
amended by adding at the end the following:
``(c) In any case in which a State government requests the Attorney
General to provide temporary protection under section 3521(e) of this
title, the costs of providing temporary protection are not reimbursable
if the investigation or prosecution in any way relates to crimes of
violence committed by a criminal street gang, as defined under the laws
of the relevant State seeking assistance under this title.''.
SEC. 4. EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION PROGRAM.
Section 3521(a)(1) of title 18, United States Code, is amended by
inserting ``, criminal street gang, serious drug offense, homicide,''
after ``organized criminal activity''. | Witness Protection Enhancement Act of 2007 - Amends the federal judicial code to establish in the U. S. Marshals Service a Short Term State Witness Protection Section to provide protection for witnesses in state and local trials involving homicide or other major violent crimes pursuant to cooperative agreements with state and local prosecutor's offices and the U.S. attorney for the District of Columbia.
Directs the Section to give priority in awarding grants and providing services to prosecutor's offices in states with an average of at least 100 murders per year or with a violent crime rate above the national average.
Authorizes: (1) the Attorney General to make grants to state and local prosecutors and to the U.S. attorney for the District of Columbia for providing such witness protection; and (2) each recipient to use the grant to provide witness protection or to credit the grant to the Section to cover the Section's costs of providing witness protection.
Amends the federal criminal code to specify that federal witness relocation and protection services extend to witnesses in cases involving criminal street gangs, serious drug offenses, and homicide. | {"src": "billsum_train", "title": "To enhance witness protection."} | 1,034 | 237 | 0.684817 | 1.939484 | 0.950739 | 3.487685 | 4.571429 | 0.906404 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Trade With Cuba Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) with the end of the Cold War and the collapse of the
Soviet Union, Cuba is no longer a threat to the United States
or the Western Hemisphere;
(2) the continuation of the embargo on trade between the
United States and Cuba that was declared in February of 1962 is
counterproductive, adding to the hardships of the Cuban people
while making the United States the scapegoat for the failures
of the communist system;
(3) in the countries of the former Soviet Union and the
former Eastern bloc, China, and Vietnam, the United States is
using economic, cultural, academic, and scientific engagement
to support its policy of promoting democratic and human rights
reforms;
(4) the United States can best support democratic change in
Cuba by promoting trade and commerce, travel, communications,
and cultural, academic, and scientific exchanges; and
(5) on December 17, 2014, the President announced new steps
to increase travel, commerce, and the free flow of information
to Cuba, and maintained that he looked forward to engaging
Congress about lifting the embargo.
SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS
WITH CUBA.
(a) Authority for Embargo and Sugar Quota.--Section 620(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.
(b) Trading With the Enemy Act.--The authorities conferred upon the
President by section 5(b) of the Trading With the Enemy Act, which were
being exercised with respect to Cuba on July 1, 1977, as a result of a
national emergency declared by the President before that date, and are
being exercised on the day before the effective date of this Act, may
not be exercised on or after such effective date with respect to Cuba.
Any regulations in effect on the day before such effective date
pursuant to the exercise of such authorities shall cease to be
effective on such date.
(c) Exercise of Authorities Under Other Provisions of Law.--
(1) Removal of prohibitions.--Any prohibition on exports to
Cuba that is in effect on the day before the effective date of
this Act under the Export Administration Act of 1979 (as
continued in effect under the International Emergency Economic
Powers Act) shall cease to be effective on such effective date.
(2) Authority for new restrictions.--The President may, on
and after the effective date of this Act--
(A) impose export controls with respect to Cuba
under section 5, 6(j), 6(l), or 6(m) of the Export
Administration Act of 1979 (as continued in effect
under the International Emergency Economic Powers Act);
and
(B) exercise the authorities the President has
under the International Emergency Economic Powers Act
with respect to Cuba pursuant to a declaration of
national emergency required by that Act that is made on
account of an unusual and extraordinary threat, that
did not exist before the enactment of this Act, to the
national security, foreign policy, or economy of the
United States.
(d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22
U.S.C. 6001 and following) is repealed.
(e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996.--
(1) Repeal.--The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 is repealed.
(2) Conforming amendments.--(A) Section 498A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295a) is amended--
(i) in subsection (a)(11), by striking ``and
intelligence facilities, including the military and
intelligence facilities at Lourdes and Cienfuegos,''
and inserting ``facilities,'';
(ii) in subsection (b)--
(I) in paragraph (4), by adding ``or''
after the semicolon;
(II) by striking paragraph (5); and
(III) by redesignating paragraph (6) as
paragraph (5); and
(iii) by striking subsection (d).
(B) Section 498B(k) of the Foreign Assistance Act of 1961
(22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and
(4).
(C) Section 1611 of title 28, United States Code, is
amended by striking subsection (c).
(D) Sections 514 and 515 of the International Claims
Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are
repealed.
(f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The
Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201 et seq.) is amended--
(1) in section 906(a)(1) (22 U.S.C. 7205(a)(1))--
(A) by striking ``Cuba,''; and
(B) by inserting ``(other than Cuba)'' after ``to
the government of a country'';
(2) in section 908 (22 U.S.C. 7207)--
(A) by striking subsection (b);
(B) in subsection (a)--
(i) by striking ``Prohibition'' and all
that follows through ``(1) In general.--
Notwithstanding'' and inserting ``In General.--
Notwithstanding'';
(ii) by striking ``for exports to Cuba
or'';
(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as
subsection (b) (and conforming the margin
accordingly); and
(C) in subsection (b) (as redesignated), by
striking ``paragraph (1)'' and inserting ``subsection
(a)'';
(3) by striking section 909 (22 U.S.C. 7208);
(4) by striking section 910 (22 U.S.C. 7209); and
(5) by redesignating section 911 as section 909.
(g) Repeal of Prohibition on Transactions or Payments With Respect
to Certain United States Intellectual Property.--Section 211 of the
Department of Commerce and Related Agencies Appropriations Act, 1999
(as contained in section 101(b) of division A of Public Law 105-277;
112 Stat. 2681-88) is repealed.
(h) Termination of Denial of Foreign Tax Credit With Respect to
Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue
Code of 1986 (relating to denial of foreign tax credit, etc., with
respect to certain foreign countries) is amended by adding at the end
the following new flush sentence:
``Notwithstanding the preceding sentence, this
subsection shall not apply to Cuba after the date that
is 60 days after the date of the enactment of this
sentence.''.
(i) Sugar Quota Prohibition Under Food Security Act of 1985.--
Section 902(c) of the Food Security Act of 1985 is repealed.
SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.
Any common carrier within the meaning of section 3 of the
Communications Act of 1934 (47 U.S.C. 153) is authorized to install,
maintain, and repair telecommunications equipment and facilities in
Cuba, and otherwise provide telecommunications services between the
United States and Cuba. The authority of this section includes the
authority to upgrade facilities and equipment.
SEC. 5. TRAVEL.
(a) In General.--Travel to and from Cuba by individuals who are
citizens or residents of the United States, and any transactions
ordinarily incident to such travel, may not be regulated or prohibited
if such travel would be lawful in the United States.
(b) Transactions Incident to Travel.--Any transactions ordinarily
incident to travel that may not be regulated or prohibited under
subsection (a) include, but are not limited to--
(1) any transactions ordinarily incident to travel to or
from Cuba, including the importation into Cuba or the United
States of accompanied baggage for personal use only;
(2) any transactions ordinarily incident to travel or
maintenance within Cuba, including the payment of living
expenses and the acquisition of goods or services for personal
use;
(3) any transactions ordinarily incident to the
arrangement, promotion, or facilitation of travel to, from, or
within Cuba;
(4) any transactions incident to nonscheduled air, sea, or
land voyages, except that this paragraph does not authorize the
carriage of articles into Cuba or the United States except
accompanied baggage; and
(5) normal banking transactions incident to the activities
described in the preceding provisions of this subsection,
including the issuance, clearing, processing, or payment of
checks, drafts, travelers checks, credit or debit card
instruments, or similar instruments.
SEC. 6. DIRECT MAIL DELIVERY TO CUBA.
The United States Postal Service shall take such actions as are
necessary to provide direct mail service to and from Cuba, including,
in the absence of common carrier service between the 2 countries, the
use of charter providers.
SEC. 7. NEGOTIATIONS WITH CUBA.
(a) Negotiations.--The President should take all necessary steps to
conduct negotiations with the Government of Cuba--
(1) for the purpose of settling claims of nationals of the
United States against the Government of Cuba for the taking of
property by such government; and
(2) for the purpose of securing the protection of
internationally recognized human rights.
(b) Definitions.--As used in this section, the terms ``national of
the United States'' and ``property'' have the meanings given those
terms in section 502 of the International Claims Settlement Act of 1949
(22 U.S.C. 1643a).
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the 60th day after the date of the enactment of this Act. | Free Trade With Cuba Act Amends the Foreign Assistance Act of 1961 to repeal the embargo on trade with Cuba. Prohibits the exercise by the President with respect to Cuba of certain authorities conferred by the Trading With the Enemy Act and exercised on July 1, 1977, as a result of a specified national emergency. Makes ineffective any prohibition on exports to Cuba under the Export Administration Act of 1979. Authorizes the President to impose export controls with respect to Cuba and exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security that did not exist before enactment of this Act. Repeals: (1) the Cuban Democracy Act of 1992, (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, (3) the prohibition under the Food Security Act of 1985 against allocation of the annual sugar quota to any country unless its officials verify that it does not import for reexport to the United States any sugar produced in Cuba, and (4) the prohibition under the Department of Commerce and Related Agencies Appropriations Act, 1999 on transactions or payments respecting certain U.S. intellectual property. Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to remove Cuba from the list of state sponsors of terrorism subject to agricultural and medical export restrictions. Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to Cuba. Authorizes common carriers to install and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. Prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents, or of any transactions incident to travel. Directs the U.S. Postal Service to provide direct mail service to and from Cuba. Urges the President to take all necessary steps to conduct negotiations with the Government of Cuba to: (1) settle claims of U.S. nationals against Cuba for the taking of property, and (2) secure protection of internationally recognized human rights. | {"src": "billsum_train", "title": "Free Trade With Cuba Act"} | 2,253 | 450 | 0.576176 | 1.835195 | 0.868428 | 4.007937 | 5.261905 | 0.886243 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rhinoceros and Tiger Conservation
Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The world's rhinoceros population is declining at an
alarming rate, a 90 percent decline since 1970.
(2) All 5 subspecies of tiger are currently threatened with
extinction in the wild, with approximately 5,000 to 6,000 tigers
remaining worldwide.
(3) All rhinoceros species have been listed on Appendix I of
CITES since 1977.
(4) All tiger subspecies have been listed on Appendix I of
CITES since 1987.
(5) The tiger and all rhinoceros species, except the southern
subspecies of white rhinoceros, are listed as endangered species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(6) In 1987, the parties to CITES adopted a resolution that
urged all parties to establish a moratorium on the sale and trade
in rhinoceros products (other than legally taken trophies), to
destroy government stockpiles of rhinoceros horn, and to exert
pressure on countries continuing to allow trade in rhinoceros
products.
(7) On September 7, 1993, under section 8 of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1978) the Secretary certified
that the People's Republic of China and Taiwan were engaged in
trade of rhinoceros parts and tiger parts that diminished the
effectiveness of an international conservation program for that
endangered species.
(8) On September 9, 1993, the Standing Committee of CITES, in
debating the continuing problem of trade in rhinoceros horn and
tiger parts, adopted a resolution urging parties to CITES to
implement stricter domestic measures, up to and including an
immediate prohibition in trade in wildlife species.
(9) On November 8, 1993, under section 8 of the Fisherman's
Protection Act of 1967 (22 U.S.C. 1978), the President announced
that the United States would impose trade sanctions against China
and Taiwan unless substantial progress was made by March 1994
towards ending trade in rhinoceros and tiger products.
(10) On April 11, 1994, under section 8 of the Fisherman's
Protective Act of 1967 (22 U.S.C. 1978), the President--
(A) directed that imports of wildlife specimens and
products from Taiwan be prohibited, in response to Taiwan's
failure to undertake sufficient actions to stop illegal
rhinoceros and tiger trade; and
(B) indicated that the certification of China would remain
in effect and directed that additional monitoring of China's
progress be undertaken.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To assist in the conservation of rhinoceros and tigers by
supporting the conservation programs of nations whose activities
directly or indirectly affect rhinoceros and tiger populations, and
the CITES Secretariat.
(2) To provide financial resources for those programs.
SEC. 4. DEFINITIONS.
In this Act--
(1) ``CITES'' means the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, signed on March 3,
1973, and its appendices;
(2) ``conservation'' means the use of all methods and
procedures necessary to bring rhinoceros and tigers to the point at
which there are sufficient populations to ensure that those species
do not become extinct, including all activities associated with
scientific resource management, such as research, census, law
enforcement, habitat protection, acquisition, and management,
propagation, live trapping, and transportation;
(3) ``Fund'' means the Rhinoceros and Tiger Conservation Fund
established under section 6(a);
(4) ``Secretary'' means the Secretary of the Interior; and
(5) ``Administrator'' means the Administrator of the Agency for
International Development.
SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.
(a) In General.--The Secretary, subject to the availability of
appropriations and in consultation with the Administrator, shall use
amounts in the Fund to provide financial assistance for projects for
the conservation of rhinoceros and tigers.
(b) Project Proposal.--A country whose activities directly or
indirectly affect rhinoceros or tiger populations, the CITES
Secretariat, or any other person may submit to the Secretary a project
proposal under this section. Each proposal shall--
(1) name the individual responsible for conducting the project;
(2) state the purposes of the project succinctly;
(3) describe the qualifications of the individuals who will
conduct the project;
(4) estimate the funds and time required to complete the
project;
(5) provide evidence of support of the project by appropriate
governmental entities of countries in which the project will be
conducted, if the Secretary determines that the support is required
for the success of the project; and
(6) provide any other information the Secretary considers to be
necessary for evaluating the eligibility of the project for funding
under this Act.
(c) Project Review and Approval.--Within 30 days of receiving a
final project proposal, the Secretary shall provide a copy of the
proposal to the Administrator. The Secretary shall review each final
project proposal to determine if it meets the criteria set forth in
subsection (d). Not later than 6 months after receiving a final project
proposal, and subject to the availability of funds, the Secretary,
after consulting with the Administrator, shall approve or disapprove
the proposal and provide written notification to the person who
submitted the proposal, to the Administrator, and to each country
within which the project is to be conducted.
(d) Criteria for Approval.--The Secretary may approve a project
under this section if the project will enhance programs for
conservation of rhinoceros or tigers by assisting efforts to--
(1) implement conservation programs;
(2) enhance compliance with provisions of CITES and laws of the
United States or a foreign country that prohibit or regulate the
taking or trade of rhinoceros or tigers or the use of rhinoceros or
tiger habitat; or
(3) develop sound scientific information on that species'
habitat condition and carrying capacity, total numbers and
population trends, or annual reproduction and mortality.
(e) Project Sustainability.--To the maximum extent practical, the
Secretary should give consideration to projects which will enhance
sustainable development programs to ensure effective, long-term
conservation of rhinoceros and tigers.
(f) Project Reporting.--Each person that receives assistance under
this section for a project shall provide periodic reports, as the
Secretary considers necessary, to the Secretary and the Administrator.
Each report shall include all information requested by the Secretary,
after consulting with the Administrator, for evaluating the progress
and success of the project.
SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND.
(a) Establishment.--There is established in the general fund of the
Treasury a separate account to be known as the ``Rhinoceros and Tiger
Conservation Fund'', which shall consist of amounts deposited into the
Fund by the Secretary of the Treasury under subsection (b).
(b) Deposits Into the Fund.--The Secretary of the Treasury shall
deposit into the Fund--
(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
(2) other amounts appropriated to the Fund.
(c) Use.--
(1) In general.--Subject to paragraph (2), the Secretary may
use amounts in the Fund without further appropriation to provide
assistance under section 5.
(2) Administration.--Of amounts in the Fund available for each
fiscal year, the Secretary may use not more than 3 percent to
administer the Fund.
(d) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 5. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit into the Fund.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund $10,000,000 for
each of fiscal years 1996, 1997, 1998, 1999, and 2000 to carry out this
Act, to remain available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Rhinoceros and Tiger Conservation Act of 1994 - Requires the Secretary of the Interior to provide financial assistance for conservation of rhinoceros and tiger projects.
Authorizes the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Secretariat, or any other person, to submit to the Secretary a project proposal for the conservation of such animals. Provides for approval criteria and project reporting. Directs the Secretary to consider projects which will enhance sustainable development programs to ensure effective, long-term conservation of rhinoceros and tigers.
(Sec. 6) Establishes in the Treasury the Rhinoceros and Tiger Conservation Fund. Provides for Fund deposits, Fund use, and acceptance and use of donations.
(Sec. 7) Authorizes appropriations. | {"src": "billsum_train", "title": "Rhinoceros and Tiger Conservation Act of 1994"} | 1,824 | 184 | 0.491622 | 1.320561 | 0.640163 | 3.741259 | 11.65035 | 0.902098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Excise Tax Relief Act''.
SEC. 2. SUSPENSION OF FUEL TAXES THROUGH MARCH 31, 2001.
(a) Temporary Suspension of Fuel Taxes.--During the suspension
period, each rate of tax referred to in subsection (b) shall be reduced
to zero.
(b) Rates of Tax.--The rates of tax referred to in this subsection
are the rates of tax otherwise applicable under--
(1) paragraphs (1), (2), and (3) of section 4041(a) of the
Internal Revenue Code of 1986 (relating to diesel fuel and
special motor fuels),
(2) subsection (m) of section 4041 of such Code (relating
to certain alcohol fuels),
(3) subparagraphs (A) and (C) of section 4042(b)(1) of such
Code (relating to tax on fuel used in commercial transportation
on inland waterways),
(4) clauses (i), (ii), and (iii) of section 4081(a)(2)(A)
of such Code (relating to gasoline, diesel fuel, and kerosene),
(5) paragraph (1) of section 4091(b) of such Code (relating
to aviation fuel), and
(6) paragraph (2) of section 4092(b) of such Code (relating
to fuel used in commercial aviation).
(c) Suspension Period.--For purposes of this section, the term
``suspension period'' means period beginning on the date of the
enactment of this Act and ending on March 31, 2001.
SEC. 3. REPEAL OF 1993 INCREASES IN CERTAIN MOTOR FUEL TAXES.
(a) Diesel Fuel Used in Trains.--Subparagraph (C) of section
4041(a)(1) of the Internal Revenue Code of 1986 is amended by striking
clause (ii) and by redesignating clause (iii) as clause (ii).
(b) Fuel Used on Inland Waterways.--
(1) Paragraph (1) of section 4042(b) of such Code is
amended by adding ``and'' at the end of subparagraph (A), by
striking ``, and'' at the end of subparagraph (B) and inserting
a period, and by striking subparagraph (C).
(2) Paragraph (2) of section 4042(b) of such Code is
amended by striking subparagraph (C).
(c) Gasoline Used in Trains.--Clause (i) of section 4081(a)(2)(A)
of such Code is amended by inserting before the comma at the end the
following: ``(14 cents in the case of gasoline used in trains)''.
(d) Aviation Gasoline.--Clause (ii) of section 4081(a)(2)(A) of
such Code is amended by striking ``19.3 cents'' and inserting ``15
cents''.
(e) Aviation Fuel.--Paragraph (1) of section 4091(b) of such Code
is amended by striking ``21.8 cents'' and inserting ``17.5 cents''.
(f) Technical Amendments.--
(1) Subparagraph (A) of section 4041(a)(1) of such Code is
amended by striking ``or a diesel-powered train'' each place it
appears and by striking ``or train''.
(2) Subparagraph (C) of section 4041(b)(1) of such Code is
amended by striking all that follows ``section 6421(e)(2)'' and
inserting a period.
(3) Subsection (d) of section 4041 of such Code is amended
by redesignating paragraph (3) as paragraph (4) and by
inserting after paragraph (2) the following new paragraph:
``(3) Diesel fuel used in trains.--There is hereby imposed
a tax of 0.1 cent per gallon on any liquid other than gasoline
(as defined in section 4083)--
``(A) sold by any person to an owner, lessee, or
other operator of a diesel-powered train for use as a
fuel in such train, or
``(B) used by any person as a fuel in a diesel-
powered train unless there was a taxable sale of such
fuel under subparagraph (A).
No tax shall be imposed by this paragraph on the sale or use of
any liquid if tax was imposed on such liquid under section
4081.''
(4) Paragraph (2) of section 4081(d) of such Code is
amended to read as follows:
``(2) Aviation gasoline.--The rate of tax specified in
subsection (a)(2)(A)(ii) shall be zero after September 30,
2007.''.
(5) Subsection (f) of section 4082 of such Code is amended
by striking ``section 4041(a)(1)'' and inserting ``subsections
(d)(3) and (a)(1) of section 4041, respectively''.
(6) Paragraph (3) of section 4083(a) of such Code is
amended by striking ``or a diesel-powered train''.
(7) Subparagraph (A) of section 4091(b)(3) of such Code is
amended to read as follows:
``(A) The rate of tax specified in paragraph (1)
shall be zero after September 30, 2007.''
(8) Paragraph (1) of section 4091(c) of such Code is
amended--
(A) by striking ``14 cents'' and inserting ``9.7
cents'',
(B) by striking ``13.3 cents'' and inserting ``9
cents'',
(C) by striking ``13.2 cents'' and inserting ``8.9
cents'',
(D) by striking ``13.1 cents'' and inserting ``8.8
cents'', and
(E) by striking ``13.4 cents'' and inserting ``9.1
cents''.
(9) Subsection (c) of section 4091 of such Code is amended
by striking paragraph (4), and by redesignating paragraph (5)
as paragraph (4).
(10) Subsection (b) of section 4092 of such Code is amended
by striking ``attributable to'' and all that follows and
inserting ``attributable to the Leaking Underground Storage
Tank Trust Fund financing rate imposed by such section. For
purposes of the preceding sentence, the term `commercial
aviation' means any use of an aircraft other than in
noncommercial aviation (as defined in section 4041(c)(2)).''
(11) Subparagraph (B) of section 6421(f)(2) of such Code is
amended by striking ``and,'' and all that follows and inserting
a period.
(12) Paragraph (3) of section 6421(f) of such Code is
amended to read as follows:
``(3) Gasoline used in trains.--In the case of gasoline
used as a fuel in a train, this section shall not apply with
respect to the Leaking Underground Storage Tank Trust Fund
financing rate under section 4081.''
(13) Paragraph (3) of section 6427(l) of such Code is
amended to read as follows:
``(3) Refund of certain taxes on fuel used in diesel-
powered trains.--For purposes of this subsection, the term
`nontaxable use' includes fuel used in a diesel-powered train.
The preceding sentence shall not apply to the tax imposed by
section 4041(d) and the Leaking Underground Storage Tank Trust
Fund financing rate under section 4081 except with respect to
fuel sold for exclusive use by a State or any political
subdivision thereof.''
(14) Paragraph (4) of section 6427(l) of such Code is
amended by striking ``attributable to'' and all that follows
through the period and inserting ``attributable to the Leaking
Underground Storage Tank Trust Fund financing rate imposed by
such section.''
(g) Effective Date.--The amendments made by this section shall take
effect on April 1, 2001.
SEC. 4. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax suspension date, a tax referred to in
section 2(b) has been imposed under the Internal Revenue Code
of 1986 on any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the excess of the tax paid by the
taxpayer over the amount of such tax which would be imposed on such
liquid had the taxable event occurred on such date.
(b) Time for Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax
suspension date, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax suspension date--
(A) the dealer submits a request for refund or
credit to the taxpayer before the date which is 3
months after the tax suspension date, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of such
Code; except that the term ``dealer'' includes a producer, and
(2) the term ``tax suspension date'' means the date on
which the suspension period begins under section 2(b).
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 5. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any taxable liquid which is
held on the floor stocks tax date by any person, there is hereby
imposed a floor stocks tax equal to the excess of the tax which would
be imposed on such liquid under any section of the Internal Revenue
Code of 1986 referred to in section 2(b) had the taxable event occurred
on the floor stocks tax date over the tax paid under any such section
on such liquid.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after the
floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such person
(whether or not delivery to the person has been made).
(2) Taxable liquid.--The term `taxable liquid' means any
liquid on which a tax referred to in section 2(b) is imposed on
the floor stocks tax date.
(3) Floor stocks tax date.--The term ``floor stocks tax
date'' means April 1, 2001.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to taxable liquid held by any person exclusively for
any use to the extent a credit or refund of the tax imposed by a
section of the Code referred to in section 2(b) is allowable for such
use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on taxable liquid held in the tank of a motor
vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection (a)
on any liquid held on the floor stocks tax date by any person
if the aggregate amount of liquid held by such person on such
date does not exceed 2,000 gallons. The preceding sentence
shall apply only if such person submits to the Secretary (at
the time and in the manner required by the Secretary) such
information as the Secretary shall require for purposes of this
paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control where 1 or more of such persons is not a
corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by chapter 31
or 32 of such Code shall, insofar as applicable and not inconsistent
with the provisions of this section, apply with respect to the floor
stock taxes imposed by subsection (a) to the same extent as if such
taxes were imposed by such chapter.
SEC. 6. MAINTENANCE OF TRUST FUND DEPOSITS.
In determining the amounts to be appropriated to any trust fund, an
amount equal to the reduction in revenues to the Treasury by reason of
a reduction under this Act in any rate shall be treated as taxes
received in the Treasury under such rate.
SEC. 7. REPORTING REQUIREMENTS.
(a) Changes in Fuel Prices.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Treasury, in
consultation with the Secretary of Energy, shall prepare and submit to
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a study which specifically addresses
the following issues:
(1) Changes in the price of gasoline, diesel fuel, and
other transportation fuels over the previous 12 months.
(2) The impact on fuel prices posed by the reformulated gas
mandate of the Clean Air Act.
(3) The economic feasibility and appropriateness of
maintaining the reformulated gas mandate.
(b) Pass Through of Tax Reduction.--
(1) The Comptroller General of the United States shall
conduct a study of the reduction of taxes under this Act to
determine whether there has been a pass through to consumers of
such reduction.
(2) Not later than 60 days after the date of the enactment
of this Act, the Comptroller General shall submit to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a report containing the
results of the study conducted under paragraph (1). | Repeal the 4.3 cent per gallon tax increase (enacted in 1993) for fuel used for trains, planes, and barges. | {"src": "billsum_train", "title": "Fuel Excise Tax Relief Act"} | 3,554 | 32 | 0.432176 | 1.012308 | -0.523976 | 1.208333 | 133.208333 | 0.791667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neighborhood Children's Internet
Protection Act''.
SEC. 2. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT FAIL TO
IMPLEMENT A FILTERING OR BLOCKING SYSTEM FOR COMPUTERS
WITH INTERNET ACCESS OR ADOPT INTERNET USE POLICIES.
(a) No Universal Service.--
(1) In general.--Section 254 of the Communications Act of
1934 (47 U.S.C. 254) is amended by adding at the end the
following:
``(l) Implementation of Internet Filtering or Blocking System or
Use Policies.--
``(1) In general.--No services may be provided under
subsection (h)(1)(B) to any elementary or secondary school, or
any library, unless it provides the certification required by
paragraph (2) to the Commission or its designee.
``(2) Certification.--A certification under this paragraph
with respect to a school or library is a certification by the
school, school board, or other authority with responsibility
for administration of the school, or the library, or any other
entity representing the school or library in applying for
universal service assistance, that the school or library--
``(A) has--
``(i) selected a system for its computers
with Internet access that are dedicated to
student use in order to filter or block
Internet access to matter considered to be
inappropriate for minors; and
``(ii) installed on such computers, or upon
obtaining such computers will install on such
computers, a system to filter or block Internet
access to such matter; or
``(B)(i) has adopted or implemented an Internet use
policy that addresses--
``(I) access by minors to inappropriate
matter on the Internet and World Wide Web;
``(II) the safety and security of minors
when using electronic mail, chat rooms, and
other forms of direct electronic
communications;
``(III) unauthorized access, including so-
called `hacking', and other unlawful activities
by minors online;
``(IV) unauthorized disclosure, use, and
dissemination of personal identification
information regarding minors; and
``(V) whether the school or library, as the
case may be, is employing hardware, software,
or other technological means to limit, monitor,
or otherwise control or guide Internet access
by minors; and
``(ii) provided reasonable public notice and held
at least one public hearing or meeting which addressed
the proposed Internet use policy.
``(3) Local determination of content.--For purposes of a
certification under paragraph (2), the determination regarding
what matter is inappropriate for minors shall be made by the
school board, library, or other authority responsible for
making the determination. No agency or instrumentality of the
United States Government may--
``(A) establish criteria for making such
determination;
``(B) review the determination made by the
certifying school, school board, library, or other
authority; or
``(C) consider the criteria employed by the
certifying school, school board, library, or other
authority in the administration of subsection
(h)(1)(B).
``(4) Effective date.--This subsection shall apply with
respect to schools and libraries seeking universal service
assistance under subsection (h)(1)(B) on or after July 1,
2000.''.
(2) Conforming amendment.--Subsection (h)(1)(B) of that
section is amended by striking ``All telecommunications'' and
inserting ``Except as provided by subsection (l), all
telecommunications''.
(b) Study.--Not later than 150 days after the date of the enactment
of this Act, the National Telecommunications and Information
Administration shall initiate a notice and comment proceeding for
purposes of--
(1) evaluating whether or not currently available
commercial Internet blocking and filtering software adequately
addresses the needs of educational institutions;
(2) making recommendations on how to foster the development
of products which meet such needs; and
(3) evaluating the development and effectiveness of local
Internet use policies that are currently in operation after
community input.
SEC. 3. IMPLEMENTING REGULATIONS.
Not later than 100 days after the date of enactment of this Act,
the Federal Communications Commission shall adopt rules implementing
this Act and the amendments made by this Act. | Neighborhood Children's Internet Protection Act - Amends the Communications Act of 1934 to require libraries and elementary and secondary schools receiving universal service assistance to certify that they have installed systems or implemented policies for blocking or filtering Internet access to matter inappropriate for minors. Requires the school board, library, or other responsible non-Federal authority to determine what matter is inappropriate for minors.
Directs the National Telecommunications and Information Administration to initiate a notice and comment proceeding for: (1) evaluating whether or not currently available commercial Internet blocking and filtering software adequately addresses the needs of educational institutions; (2) recommending how to foster the development of products which meet such needs; and (3) evaluating the development and effectiveness of local Internet use policies that are currently in operation after community input. | {"src": "billsum_train", "title": "Neighborhood Children's Internet Protection Act"} | 956 | 165 | 0.516937 | 1.408663 | 0.897331 | 4.812081 | 5.946309 | 0.90604 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIV Prevention Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The States should recognize that the terms ``acquired
immune deficiency syndrome'' and ``AIDS'' are obsolete. In the
case of individuals who are infected with the human
immunodeficiency virus (commonly known as HIV), the more
important medical fact for the individuals and for the
protection of the public health is the fact of infection, and
not just the later development of AIDS (the stage at which the
infection causes symptoms). The term ``HIV disease'', meaning
infection with HIV regardless of whether the infection has
progressed to AIDS, more correctly defines the medical
condition.
(2) The medical, public health, political, and community
leadership must focus on the full course of HIV disease rather
than concentrating on later stages of the disease. Continual
focus on AIDS rather than the entire spectrum of HIV disease
has left our Nation unable to deal adequately with the
epidemic. Federal and State data collection efforts should
focus on obtaining data as early as possible after infection
occurs, while continuing to collect data on the symptomatic
stage of the disease.
(3) Recent medical breakthroughs may enable doctors to
treat HIV disease as a chronic disease rather than as a
terminal disease. Early intervention in the progression of the
infection is imperative to prolonging and improving the lives
of individuals with the disease.
(4) The Centers for Disease Control and Prevention has
recommended partner notification as a primary prevention
service. The health needs of the general public, and the care
and protection of those who do not have the disease, should be
balanced with the needs of individuals with the disease in a
manner that allows for the infected individuals to receive
optimal medical care and for public health services to protect
the uninfected.
(5) Individuals with HIV disease have an obligation to
protect others from being exposed to HIV by avoiding behaviors
that place others at risk of becoming infected. The States
should have in effect laws providing that intentionally
infecting others with HIV is a felony.
SEC. 3. PREVENTION OF TRANSMISSION OF HIV.
(a) Requirements for States.--A State shall demonstrate to the
satisfaction of the Secretary that the law or regulations of the State
are in accordance with the following:
(1) Reporting of cases.--The State requires that, in the
case of a health professional or other entity that provides for
the performance of a test for HIV on an individual, the entity
confidentially report positive test results to the State public
health officer, together with any additional necessary
information, in order to carry out the following purposes:
(A) The performance of statistical and
epidemiological analyses of the incidence in the State
of cases of such disease.
(B) The performance of statistical and
epidemiological analyses of the demographic
characteristics of the population of individuals in the
State who have the disease.
(C) The assessment of the adequacy of preventive
services in the State with respect to the disease.
(D) The performance of the functions required in
paragraph (2).
(2) Functions.--The functions described in this paragraph
are the following:
(A) Partner notification.--
(i) In general.--The State requires that
the public health officer of the State carry
out a program of partner notification to inform
individuals that the individuals may have been
exposed to HIV.
(ii) Definition.--For purposes of this
paragraph, the term ``partner'' includes--
(I) the sexual partners of
individuals with HIV disease;
(II) the partners of such
individuals in the sharing of
hypodermic needles for the intravenous
injection of drugs; and
(III) the partners of such
individuals in the sharing of any drug-
related paraphernalia determined by the
Secretary to place such partners at
risk of HIV infection.
(B) Collection of information.--The State requires
that any information collected for purposes of partner
notification be sufficient for the following purposes:
(i) To provide the partners of the
individual with HIV disease with an appropriate
opportunity to learn that the partners have
been exposed to HIV.
(ii) To provide the partners with
counseling and testing for HIV disease.
(iii) To provide the individual who has the
disease with information regarding therapeutic
measures for preventing and treating the
deterioration of the immune system and
conditions arising from the disease, and to
provide the individual with other preventive
information.
(iv) With respect to an individual who
undergoes testing for HIV disease but does not
seek the results of the testing, and who has
positive test results for the disease, to
recall and provide the individual with
counseling, therapeutic information, and other
information regarding preventative health
services appropriate for the individual.
(C) Cooperation in national program.--The State
cooperates with the Director of the Centers for Disease
Control and Prevention in carrying out a national
program of partner notification, including the sharing
of information between the public health officers of
the States.
(3) Testing of certain indicted individual.--With respect
to a defendant against whom an information or indictment is
presented for a crime in which by force or threat of force the
perpetrator compels the victim to engage in sexual activity,
the State requires the following:
(A) In general.--That the defendant be tested for
HIV disease if--
(i) the nature of the alleged crime is such
that the sexual activity would have placed the
victim at risk of becoming infected with HIV;
or
(ii) the victim requests that the defendant
be so tested.
(B) Timing.--That if the conditions specified in
subparagraph (A) are met, the defendant undergo the
test not later than 48 hours after the date on which
the information or indictment is presented, and that as
soon thereafter as is practicable the results of the
test be made available to--
(i) the victim;
(ii) the defendant (or if the defendant is
a minor, to the legal guardian of the
defendant);
(iii) the attorneys of the victim;
(iv) the attorneys of the defendant;
(v) the prosecuting attorneys;
(vi) the judge presiding at the trial, if
any; and
(vii) the principal public health official
for the local governmental jurisdiction in
which the crime is alleged to have occurred.
(C) Follow-up testing.--That if the defendant has
been tested pursuant to subparagraph (B), the
defendant, upon request of the victim, undergo such
follow-up tests for HIV as may be medically
appropriate, and that as soon as is practicable after
each such test the results of the test be made
available in accordance with subparagraph (B) (except
that this subparagraph applies only to the extent that
the individual involved continues to be a defendant in
the judicial proceedings involved, or is convicted in
the proceedings).
(D) Consideration of results.--That, if the results
of a test conducted pursuant to subparagraph (B) or (C)
indicate that the defendant has HIV disease, such fact
may, as relevant, be considered in the judicial
proceedings conducted with respect to the alleged
crime.
(4) Testing of certain individuals.--
(A) Patients.--With respect to a patient who is to
undergo a medical procedure that would place the health
professionals involved at risk of becoming infected
with HIV, the State--
(i) authorizes such health professionals in
their discretion to provide that the procedure
will not be performed unless the patient
undergoes a test for HIV disease and the health
professionals are notified of the results of
the test; and
(ii) requires that, if such test is
performed and the patient has positive test
results, the patient be informed of the
results.
(B) Funeral-related services.--The State authorizes
funeral-services practitioners in their discretion to
provide that funeral procedures will not be performed
unless the body involved undergoes a test for HIV
disease and the practitioners are notified of the
results of the test.
(5) Informing of funeral-service practitioners.--The State
requires that, if a health care entity (including a hospital)
transfers a body to a funeral-services practitioner and such
entity knows that the body is infected with HIV, the entity
notify the funeral-services practitioner of such fact.
(6) Health insurance issuers.--
(A) In general.--The State requires that, if a
health insurance issuer requires an applicant for such
insurance to be tested for HIV disease as a condition
of issuing such insurance, the applicant be afforded an
opportunity by the health insurance issuer to be
informed, upon request, of the HIV status of the
applicant.
(B) Definition.--For purposes of this paragraph,
the term ``health insurance issuer'' means an insurance
company, insurance service, or insurance organization
(including a health maintenance organization) which is
licensed to engage in the business of insurance in the
State and which is subject to State law which regulates
insurance.
(C) Rule of construction.--This paragraph may not
be construed as affecting the provisions of section 514
of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1154) with respect to group health plans.
(7) Adoption.--The State requires that, if an adoption
agency is giving significant consideration to approving an
individual as an adoptive parent of a child and the agency knows
whether the child has HIV disease, such prospective adoptive parent be
afforded an opportunity by the agency to be informed, upon request, of
the HIV status of the child.
(b) Sense of Congress Regarding Health Professionals With HIV
Disease.--It is the sense of Congress that, with respect to health
professionals who have HIV disease--
(1) the health professionals should notify their patients
that the health professionals have the disease in medical
circumstances that place the patients at risk of being infected
with HIV by the health professionals; and
(2) the States should encourage the medical profession to
develop guidelines to assist the health professionals in so
notifying patients.
(c) Applicability of Requirements.--
(1) In general.--Except as provided in paragraph (2), this
section shall apply to States upon the expiration of the 120-
day period beginning on the date of the enactment of this Act.
(2) Delayed applicability for certain states.--In the case
of the State involved, if the Secretary determines that a
requirement established by subsection (a) cannot be implemented
in the State without the enactment of State legislation, then
such requirement applies to the State on and after the first
day of the first calendar quarter that begins after the close
of the first regular session of the State legislature that
begins after the date of the enactment of this Act. For
purposes of the preceding sentence, in the case of a State that
has a 2-year legislative session, each year of such session is
deemed to be a separate regular session of the State
legislature.
(d) Definitions.--In this section:
(1) HIV.--The term ``HIV'' means the human immunodeficiency
virus.
(2) HIV disease.--The term ``HIV disease'' means infection
with HIV and includes any condition arising from such
infection.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(e) Rule of Construction.--Part D of title XXVI of the Public
Health Service Act (42 U.S.C. 300ff-71 et seq.) is amended by inserting
after section 2675 the following section:
``SEC. 2675A. RULE OF CONSTRUCTION.
``With respect to an entity that is an applicant for or a recipient
of financial assistance under this title, compliance by the entity with
any State law or regulation that is consistent with section 3 of the
HIV Prevention Act of 1997 may not be considered to constitute a
violation of any condition under this title for the receipt of such
assistance.''.
SEC. 4. SENSE OF CONGRESS REGARDING INTENTIONAL TRANSMISSION OF HIV.
It is the sense of Congress that the States should have in effect
laws providing that, in the case of an individual who knows that he or
she has HIV disease, it is a felony for the individual to infect
another with HIV if the individual engages in the behaviors involved
with the intent of so infecting the other individual.
SEC. 5. SENSE OF CONGRESS REGARDING CONFIDENTIALITY.
It is the sense of the Congress that strict confidentiality should
be maintained in carrying out the provisions of section 3 of the this
Act. | HIV Prevention Act of 1997 - Mandates that States require: (1) confidential reporting of human immunodeficiency virus (HIV) positive results by the entity performing the test to the State public health officer; (2) notification by the State public health officer of individuals who may have been exposed to HIV and State cooperation regarding national notification; (4) mandatory testing of individuals indicted for a crime involving force or the threat of force to compel sexual activity, with related notification of victims and their attorneys, allowing use of positive test results, as relevant, in related judicial proceedings; (5) allowing a health professional to not perform a procedure that would place the professional at risk of becoming infected unless the patient undergoes the test and the health professional and the patient are notified of the results; (6) allowing a funeral services practitioner to not perform funeral procedures unless the body undergoes a test and the practitioner is notified of the results; (7) mandatory notification of a funeral service practitioner by a health care entity that knows the body is infected with HIV; (8) allowing a health insurance applicant, if required by the insurance issuer to undergo a test, to be notified of the results; and (9) allowing a prospective adoptive parent to choose to be informed of the adoptive child's HIV status (if known by the adoption agency).
Expresses the sense of the Congress that: (1) with respect to health professionals with HIV disease, the professionals should notify their patients in circumstances that place the patients at risk of HIV infection by the professional; and (2) States should encourage the medical profession to develop related guidelines.
Amends the Public Health Service Act to declare that compliance with certain provisions of this Act is not a violation of title XXVI (HIV Health Care Services Program) of that Act.
Expresses the sense of the Congress that: (1) the States should make it a felony for individuals who know they have HIV disease to intentionally infect another; and (2) strict confidentiality should be maintained in carrying out certain requirements of this Act. | {"src": "billsum_train", "title": "HIV Prevention Act of 1997"} | 2,762 | 442 | 0.600345 | 2.013448 | 0.65777 | 2.628713 | 6.428218 | 0.925743 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bridges from Jobs to Careers Act''.
SEC. 2. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS.
(a) Authorization of Program.--From amounts appropriated under
subsection (k), the Secretary shall award grants, on a competitive
basis, to institutions of higher education for the purposes of
improving remedial education, including English language instruction,
to customize remediation to student career goals, and to help students
move rapidly from remediation into for-credit occupational program
courses and through program completion. The grants shall focus in
particular on creating bridges to for-credit occupational certificate
programs that are articulated to degree programs.
(b) Application.--An eligible institution seeking 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.
(c) Priorities.--The Secretary shall give priority to applications
that--
(1) are from institutions of higher education in which not
less than 50 percent of the institution's entering first-year
students are enrolled in developmental courses to bring
reading, writing, or mathematics skills up to college-level;
and
(2) propose to replicate practices that have proven
effective with adults and to applications that propose to
collaborate with adult education providers.
(d) Peer Review.--The Secretary shall convene a peer review process
to review applications for grants under this section and to make
recommendations to the Secretary regarding the selection of grantees.
(e) Mandatory Activity.--An eligible institution that receives a
grant under this section shall use the grant funds to create workforce
bridge programs that customize developmental education curricula,
including English language instruction, to the content of the for-
credit occupational certificate or degree programs, or clusters of
programs, in which developmental education students seek to enroll.
Such bridge programs may include those that integrate the curricula and
the instruction of both remediation and college-level coursework or
dual enroll students in remediation and college-level coursework.
(f) Permissible Activities.--An eligible institution that receives
a grant under this section, in addition to creating workforce bridge
programs, may use the grant funds to carry out the following:
(1) Design and implement innovative ways to improve
retention in and completion of developmental education courses,
including but not limited to enrolling students in cohorts,
accelerating course content, integrating remediation and
college-level curricula and instruction, dual enrolling
students in remediation and college-level courses, tutoring,
providing counseling and other supportive services, and giving
small, material incentives for attendance and performance.
(2) In consultation with faculty in the appropriate
departments, redesignating class schedules to meet the needs of
working adults, such as by creating evening, weekend, modular,
compressed, distance learning formats or other alternative
schedules.
(3) Improving the quality of teaching in remedial courses
through professional development, reclassification of such
teaching positions, or other means the eligible institution
determines appropriate.
(4) Any other activities the eligible institution and the
Secretary determine will promote retention of and completion by
students attending institutions of higher education.
(5) Fully advise students on the range of options and
programs available, which may include: diploma; certification;
2-year degree; associate's degree; transfer degree to upper
division; and career options.
(g) Grant Period.--Grants made under this section shall be for a
period of not less than 36 months and not more than 60 months.
(h) Technical Assistance.--The Secretary shall provide technical
assistance to grantees under this section throughout the grant period.
(i) Evaluation.--The Secretary shall conduct an evaluation of
program impacts under the demonstration program, and shall disseminate
to the public the findings from the evaluation and information on best
practices. The Secretary is encouraged to partner with other providers
of funds, such as private foundations, to allow for use of a random
assignment evaluation in at least one of the demonstration sites.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $35,000,000 for fiscal year 2009
and each of the 4 succeeding fiscal years, of which an aggregate of not
more than 5 percent may be used to carry out subsections (i) and (j).
(k) Definition of Institution.--In this section, the term
``institution of higher education'' means an institution of higher
education as defined in section 101(a). | Bridges from Jobs to Careers Act - Directs the Secretary of Education to award competitive grants to institutions of higher education (IHEs) to improve remedial education, customize remediation to student career goals, and help remedial students progress into and through for-credit occupational programs.
Gives grant priority to IHEs: (1) in which at least 50% of the first-year students are enrolled in remedial courses designed to give them collegiate reading, writing, or mathematics skills; and (2) that propose to collaborate with adult education providers and replicate practices that have proven effective with adults. | {"src": "billsum_train", "title": "To provide grants to colleges to improve remedial education (including English language instruction), to customize remediation to student career goals, and to help students move rapidly from remediation into for-credit occupation program courses and through program completion."} | 965 | 122 | 0.637008 | 1.838952 | 0.636802 | 3.258929 | 8.133929 | 0.919643 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Juan County Settlement
Implementation Act''.
SEC. 2. EXCHANGE OF COAL PREFERENCE RIGHT LEASE APPLICATIONS.
(a) Definitions.--In this section:
(1) Bidding right.--The term ``bidding right'' means an
appropriate legal instrument or other written documentation,
including an entry in an account managed by the Secretary,
issued or created under subpart 3435 of title 43, Code of
Federal Regulations, that may be used--
(A) in lieu of a monetary payment for 50 percent of
a bonus bid for a coal lease sale under the Mineral
Leasing Act (30 U.S.C. 181 et seq.); or
(B) as a monetary credit against 50 percent of any
rental or royalty payments due under any Federal coal
lease.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Use of Bidding Right.--
(1) In general.--If the Secretary retires a coal preference
right lease application under the Mineral Leasing Act (30
U.S.C. 181 et seq.) by issuing a bidding right in exchange for
the relinquishment of the coal preference right lease
application, the bidding right subsequently may be used in lieu
of 50 percent of the amount owed for any monetary payment of--
(A) a bonus in a coal lease sale; or
(B) rental or royalty under a Federal coal lease.
(2) Payment calculation.--
(A) In general.--The Secretary shall calculate a
payment of amounts owed to a relevant State under
section 35(a) of the Mineral Leasing Act (30 U.S.C.
191(a)) based on the combined value of the bidding
rights and amounts received.
(B) Amounts received.--Except as provided in this
subsection, for purposes of calculating the payment of
amounts owed to a relevant State under subparagraph (A)
only, a bidding right shall be considered amounts
received.
(c) Source of Payments.--The Secretary shall make payments to the
relevant State under subsection (b) from monetary payments received by
the Secretary when bidding rights are exercised under this Act.
(d) Treatment of Payments.--A payment to a State under this section
shall be treated as a payment under section 35(a) of the Mineral
Leasing Act (30 U.S.C. 191(a)).
(e) Transferability; Limitation.--
(1) Transferability.--A bidding right issued for a coal
preference right lease application under the Mineral Leasing
Act (30 U.S.C. 181 et seq.) shall be fully transferable to any
other person.
(2) Notification of secretary.--A person who transfers a
bidding right shall notify the Secretary of the transfer by any
method determined to be appropriate by the Secretary.
(3) Effective period.--
(A) In general.--A bidding right issued under the
Mineral Leasing Act (30 U.S.C. 181 et seq.) shall
terminate on the expiration of the 7-year period
beginning on the date the bidding right is issued.
(B) Tolling of period.--The 7-year period described
in subparagraph (A) shall be tolled during any period
in which exercise of the bidding right is precluded by
temporary injunctive relief granted under, or
administrative, legislative, or judicial suspension of,
the Federal coal leasing program.
(f) Deadline.--If an existing settlement of a coal preference right
lease application has not been implemented as of the date of enactment
of this Act, not later than 180 days after that date of enactment, the
Secretary shall complete the bidding rights valuation process in
accordance with the terms of the settlement.
SEC. 3. CERTAIN LAND SELECTIONS OF THE NAVAJO NATION.
(a) Cancellation of Certain Selections.--The land selections made
by the Navajo Nation pursuant to Public Law 93-531 (commonly known as
the ``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d et
seq.) that are depicted on the map entitled ``Navajo-Hopi Land
Settlement Act Selected Lands'' and dated April 2, 2015, are cancelled.
(b) Authorization for New Selection.--
(1) In general.--Subject to paragraphs (2), (3), and (4)
and subsection (c), the Navajo Nation may make new land
selections in accordance with the Act referred to in subsection
(a) to replace the land selections cancelled under that
subsection.
(2) Acreage cap.--The total acreage of land selected under
paragraph (1) shall not exceed 15,000 acres of land.
(3) Exclusions.--The following land shall not be eligible
for selection under paragraph (1):
(A) Land within a unit of the National Landscape
Conservation System.
(B) Land within--
(i) the Glade Run Recreation Area;
(ii) the Fossil Forest Research Natural
Area; or
(iii) a special management area or area of
critical environmental concern identified in a
land use plan developed under section 202 of
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712) that is in effect on the
date of enactment of this Act.
(C) Any land subject to a lease or contract under
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Act of July 31, 1947 (commonly known as the ``Materials
Act of 1947'') (30 U.S.C. 601 et seq.), as of the date
of the selection.
(4) Deadline.--Not later than 7 years after the date of
enactment of this Act, the Navajo Nation shall make all
selections under paragraph (1).
(5) Withdrawal.--Any land selected by the Navajo Nation
under paragraph (1) shall be withdrawn from disposal, leasing,
and development until the date on which the selected land is
placed into trust for the Navajo Nation.
(c) Equal Value.--
(1) In general.--Notwithstanding the acreage limitation in
the second proviso of section 11(c) of Public Law 93-531
(commonly known as the ``Navajo-Hopi Land Settlement Act of
1974'') (25 U.S.C. 640d-10(c)) and subject to subsection
(b)(2), the value of the land selected under subsection (b)(1)
and the land subject to selections cancellation under
subsection (a) shall be equal, based on appraisals conducted
under paragraph (2).
(2) Appraisals.--
(A) In general.--The value of the land selected
under subsection (b)(1) and the land subject to
selections cancelled under subsection (a) shall be
determined by appraisals conducted in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(B) Timing.--
(i) Land subject to selections cancelled.--
Not later than 18 months after the date of
enactment of this Act, the appraisal under
subparagraph (A) of the land subject to
selections cancelled under subsection (a) shall
be completed.
(ii) New selections.--The appraisals under
subparagraph (A) of the land selected under
subsection (b)(1) shall be completed as the
Navajo Nation finalizes those land selections.
(d) Boundary.--For purposes of this section and the Act referred to
in subsection (a), the present boundary of the Navajo Reservation is
depicted on the map entitled ``Navajo Nation Boundary'' and dated
November 16, 2015. | San Juan County Settlement Implementation Act This bill provides that if the Department of the Interior retires a coal preference right lease application under the Mineral Leasing Act by issuing a bidding right in exchange for the relinquishment of such application, such bidding right may subsequently be used in lieu of 50% of the amount owed for any monetary payment of: (1) a bonus in a coal lease sale; or (2) rental or royalty under a federal coal lease. Interior shall calculate a payment of the amounts owed to a relevant state pursuant to such Act based on the combined value of the bidding rights and the amounts received. Interior shall make such payments to a relevant state from monetary payments received by Interior when bidding rights are exercised pursuant to this bill. A bidding right issued for a coal preference right lease application under such Act shall be fully transferable to any other person. Such bidding right shall terminate seven years after it is issued. The bill cancels specified land selections made by the Navajo Nation pursuant to the Navajo-Hopi Land Settlement Act of 1974 and authorizes such nation to make land selections equal in value to those canceled, subject to an acreage cap, specified land exclusions, and a seven-year deadline. | {"src": "billsum_train", "title": "San Juan County Settlement Implementation Act"} | 1,793 | 281 | 0.662472 | 2.06937 | 0.86506 | 3.914894 | 6.348936 | 0.885106 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weatherization, Assistance, and
Relief for Middle-Income Households Act of 2008'' or the ``WARM Act of
2008''.
SEC. 2. LOW-INCOME HOME ENERGY ASSISTANCE APPROPRIATIONS.
In addition to any amounts appropriated under any other provision
of Federal law, there is appropriated, out of any money in the Treasury
not otherwise appropriated, for fiscal year 2008--
(1) $1,265,000,000 (to remain available until expended) for
making payments under subsections (a) through (d) of section
2604 of the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8623); and
(2) $1,265,000,000 (to remain available until expended) for
making payments under section 2604(e) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8623(e)),
notwithstanding the designation requirement of section 2602(e)
of such Act (42 U.S.C. 8621(e)).
SEC. 3. WEATHERIZATION ASSISTANCE PROGRAM FOR LOW-INCOME PERSONS.
In addition to any amounts appropriated under any other provision
of Federal law, there is appropriated, out of any money in the Treasury
not otherwise appropriated, for fiscal year 2008 $523,000,000 to carry
out the Weatherization Assistance Program for Low-Income Persons
established under part A of title IV of the Energy Conservation and
Production Act (42 U.S.C. 6861 et seq.), to remain available until
expended.
SEC. 4. CREDIT FOR HOME HEATING OIL EXPENDITURES.
(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 25D the
following new section:
``SEC. 25E. HOME HEATING OIL EXPENDITURES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 50 percent of the qualified
home heating oil expenditures made by the taxpayer during such taxable
year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed under subsection
(a) for any taxable year shall not exceed $1,000 ($2,000 in the
case of a joint return).
``(2) Limitation based on adjusted gross income.--The
amount which would (but for this paragraph) be taken into
account under subsection (a) for the taxable year shall be
reduced (but not below zero) by 10 percent (20 percent in the
case of a joint return) of so much of the taxpayer's adjusted
gross income as exceeds $60,000 ($90,000 in the case of a joint
return).
``(c) Qualified Home Heating Oil Expenditures.--For purposes of
this section, the term `qualified home heating oil expenditures' means
any expenditures for the purchase of heating oil that--
``(1) are made for the purpose of heating a dwelling unit
or heating water for use in a dwelling unit located in the
United States and used as a residence by the taxpayer, and
``(2) are made on or after June 1, 2008, and before January
1, 2009.''.
(b) Conforming Amendments.--
(1) Section 24(b)(3)(B) of the Internal Revenue Code of
1986 is amended by striking ``and 25B'' and inserting ``, 25B,
and 25E''.
(2) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``25E,'' after ``25D,''.
(3) Section 25B(g)(2) of such Code is amended by striking
``section 23'' and inserting ``sections 23 and 25E''.
(4) Section 25D(c)(2) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25E''.
(5) Section 26(a)(1) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25E''.
(6) Section 904(i) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25E''.
(7) Section 1400C(d)(2) of such Code is amended by striking
``and 25D'' and inserting ``25D, and 25E''.
(c) Clerical Amendment.--The table of sections for subpart A of
chapter 1 of the Internal Revenue Code of 1986 is amended by inserting
after the item relating to section 25D the following new item:
``Sec. 25E. Home heating oil expenditures.''.
SEC. 5. DENIAL OF DEDUCTION FOR MAJOR INTEGRATED OIL COMPANIES FOR
INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION OF OIL, GAS,
OR PRIMARY PRODUCTS THEREOF.
(a) In General.--Subparagraph (B) of section 199(c)(4) of the
Internal Revenue Code of 1986 (relating to exceptions) is amended by
striking ``or'' at the end of clause (ii), by striking the period at
the end of clause (iii) and inserting ``, or'', and by inserting after
clause (iii) the following new clause:
``(iv) in the case of any major integrated
oil company (as defined in section
167(h)(5)(B)), the production, refining,
processing, transportation, or distribution of
oil, gas, or any primary product thereof during
any taxable year described in section
167(h)(5)(B).''.
(b) Primary Product.--Section 199(c)(4)(B) of such Code is amended
by adding at the end the following flush sentence:
``For purposes of clause (iv), the term `primary
product' has the same meaning as when used in section
927(a)(2)(C), as in effect before its repeal.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 6. CLARIFICATION OF DETERMINATION OF FOREIGN OIL AND GAS
EXTRACTION INCOME.
(a) In General.--Paragraph (1) of section 907(c) of the Internal
Revenue Code of 1986 is amended by redesignating subparagraph (B) as
subparagraph (C), by striking ``or'' at the end of subparagraph (A),
and by inserting after subparagraph (A) the following new subparagraph:
``(B) so much of any transportation of such
minerals as occurs before the fair market value event,
or''.
(b) Fair Market Value Event.--Subsection (c) of section 907 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(6) Fair market value event.--For purposes of this
section, the term `fair market value event' means, with respect
to any mineral, the first point in time at which such mineral--
``(A) has a fair market value which can be
determined on the basis of a transfer, which is an
arm's length transaction, of such mineral from the
taxpayer to a person who is not related (within the
meaning of section 482) to such taxpayer, or
``(B) is at a location at which the fair market
value is readily ascertainable by reason of
transactions among unrelated third parties with respect
to the same mineral (taking into account source,
location, quality, and chemical composition).''.
(c) Special Rule for Certain Petroleum Taxes.--Subsection (c) of
section 907 of the Internal Revenue Code of 1986, as amended by
subsection (b), is amended by adding at the end the following new
paragraph:
``(7) Oil and gas taxes.--In the case of any tax imposed by
a foreign country which is limited in its application to
taxpayers engaged in oil or gas activities--
``(A) the term `oil and gas extraction taxes' shall
include such tax,
``(B) the term `foreign oil and gas extraction
income' shall include any taxable income which is taken
into account in determining such tax (or is directly
attributable to the activity to which such tax
relates), and
``(C) the term `foreign oil related income' shall
not include any taxable income which is treated as
foreign oil and gas extraction income under
subparagraph (B).''.
(d) Conforming Amendments.--
(1) Subparagraph (C) of section 907(c)(1) of the Internal
Revenue Code of 1986, as redesignated by this section, is
amended by inserting ``or used by the taxpayer in the activity
described in subparagraph (B)'' before the period at the end.
(2) Subparagraph (B) of section 907(c)(2) of such Code is
amended to read as follows:
``(B) so much of the transportation of such
minerals or primary products as is not taken into
account under paragraph (1)(B),''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Weatherization, Assistance, and Relief for Middle-Income Households Act of 2008 or the WARM Act of 2008 - Makes additional appropriations in FY2008 for the Low-Income Home Energy Assistance Program (LIHEAP) and the Weatherization Assistance Program for Low-Income Persons.
Amends the Internal Revenue Code to: (1) allow a income-based tax credit for 50% of home heating oil expenditures made on or after June 1, 2008, and before January 1, 2009, up to $1,000 ($2,000 for joint returns); (2) deny major integrated oil companies a tax deduction for income attributable to domestic production, refining, processing, transportation, or distribution of oil, gas, or primary products thereof; and (3) establish a fair market value standard for determining foreign oil and gas extraction income. | {"src": "billsum_train", "title": "A bill to provide weatherization and home heating assistance to low income households, and to provide a heating oil tax credit for middle income households."} | 2,165 | 177 | 0.555759 | 1.742973 | 0.717296 | 4.417722 | 11.664557 | 0.924051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Competitive Access to Federal
Buildings Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) non-discriminatory access to, and use of, the rooftops,
risers, telephone cabinets, conduits, points of entry or
demarcation for internal wiring, and all utility spaces in or
on federal buildings and commercial property is essential to
the competitive provision of telecommunications services and
information services;
(2) incumbent telecommunications carriers often enjoy
access to such buildings and property through historic rights
of way that were developed before the advent of new means of
providing such services, in particular the provision of such
services using terrestrial fixed wireless or satellite services
that enter a building through equipment located on rooftops;
(3) the National Telecommunications and Information
Administration is the Federal agency tasked with developing
policies for the efficient and competitive use of emerging
technologies that combine spectrum use with the convergence of
communications and computer technologies for the utilization of
telecommunications services and information services by Federal
agencies;
(4) that several States, for example Connecticut and Texas,
have already enacted measures to promote non-discriminatory
access by telecommunications carriers to rooftops, risers,
conduits, utility spaces, and points of entry and demarcation
in order to promote the competitive provision of
telecommunications services and information services; and
(5) that the Federal Government should encourage States to
develop similar policies by establishing as Federal policy
requirements to promote non-discriminatory access to Federal
buildings and commercial property used by agencies of the
Federal Government so that taxpayers receive the benefits and
cost savings from the competitive provision of
telecommunications services and information services by
telecommunications carriers.
SEC. 3. ACCESS TO BUILDINGS FOR COMPETITIVE TELECOMMUNICATIONS
SERVICES.
The National Telecommunications and Information Administration
Organization Act (Title I of Public Law 102-538; 47 U.S.C. 901 et seq.)
is amended--
(1) in section 103(b)(2) (47 U.S.C. 902(b)(2)) by adding at
the end the following new subparagraph:
``(U) The authority to implement policies for
buildings and other structures owned or used by
agencies of the Federal Government in order to provide
for non-discriminatory access to such buildings and
structures for the provision of telecommunications
services or information services by telecommunications
carriers, and to advise the Commission on the
development of policies for non-discriminatory access
by such carriers to commercial property in general for
the provision of such services.''; and
(2) in section 105 (47 U.S.C. 904) by adding at the end the
following new subsection:
``(f) Prohibition on Discriminatory Access.--
``(1) In general.--No Federal agency shall enter into a
contract with the owner or operator of any commercial property
for the rental or lease of all or some portion of such property
unless the owner or operator permits non-discriminatory access
to, and use of, the rooftops, risers, telephone cabinets,
conduits, points of entry or demarcation for internal wiring,
easements, rights of way, and all utility spaces in or on such
commercial property, for the provision of telecommunications
services or information services by any telecommunications
carrier that has obtained, where required, a Federal or State
certificate of public convenience and necessity for the provision of
such services, and which seeks to provide or provides such services to
tenants (including, but not limited to, the Federal agency for which
such rental or lease is made) of such property. Such owner or operator
may--
``(A) charge a reasonable and non-discriminatory
fee (which shall be based on the commercial rental
value of the space actually used by the
telecommunications carrier) for such access and use;
``(B) impose reasonable and non-
discriminatory requirements necessary to protect the safety and
condition of the property, and the safety and convenience of tenants
and other persons (including hours when entry and work may be conducted
on the property);
``(C) require the telecommunications carrier to
indemnify the owner or operator for damage caused by
the installation, maintenance, or removal of any
facilities of such carrier; and
``(D) require the telecommunications carrier to
bear the entire cost of installing, operating,
maintaining, and removing any facilities of such
carrier.
``(2) State law or contractual obligation required.--No
Federal agency shall enter into a contract with the owner or
operator of any commercial property for the rental or lease of
all or some portion of such property unless the owner or
operator submits to such agency a notarized statement that such
owner or operator is obligated under State law, or is obligated
or will undertake an obligation through a contractual
commitment with each telecommunication carrier providing or
seeking to provide service, to resolve any disputes between
such telecommunication carriers and such owner or operator that
may arise regarding access to the commercial property or the
provision of competitive telecommunications services or
information services to tenants of such property. To meet the
requirements of this paragraph such State process or
contractual commitment must--
``(A) provide an effective means for resolution of
disputes within 30 days (unless otherwise required by
State law or agreed by the parties involved), either
through arbitration or order of a State agency or
through binding arbitration;
``(B) permit the telecommunications carrier to
initiate service or continue service while any dispute
is pending;
``(C) provide that any fee charged for access to,
or use of, building space (including conduits, risers,
and utility closets), easements or rights of way, or
rooftops to provide telecommunications service or
information service be reasonable and applied in a non-
discriminatory manner to all providers of such service,
including the incumbent local exchange carrier; and
``(D) provide that requirements with respect to the
condition of the property are limited to those
necessary to ensure that the value of the property is
not diminished by the installation, maintenance, or
removal of the facilities of the telecommunications
carrier, and do not require the telecommunications
carrier to improve the condition of the property in
order to obtain access or use.
``(3) Effective date.--Paragraphs (1) and (2) shall take
effect six months after the date of enactment of this
subsection for all lease or rental agreements entered into or
renewed by any Federal agency after such date.
``(4) Waiver permitted.--The requirements of paragraphs (1)
or (2) may be waived on a case by case basis--
``(A) by the head of the agency seeking space in a
commercial property upon a determination, which shall
be made in writing and be available to the public upon
request, that such requirements would result in the
affected agency being unable, in that particular case,
to obtain any space suitable for the needs of that
agency in that general geographic area; or
``(B) by the President upon a finding that waiver
of such requirements is necessary to obtain space for
the affected agency in that particular case, and that
enforcement of such requirements in that particular
case would be contrary to the interests of national
security.
Any determination under subparagraph (A) may be appealed by any
affected telecommunications carrier to the Assistant Secretary,
who shall review the agency determination and issue a decision
upholding or revoking the agency determination within 30
days of an appeal being filed. The burden shall be on the agency head
to demonstrate through the written determination that all reasonable
efforts had been made to find suitable alternative space for the
agency's needs before the waiver determination was made. The Assistant
Secretary shall revoke any agency determination made without all
reasonable efforts being made. The decision of the Assistant Secretary
shall be binding on the agency whose waiver determination was appealed.
``(5) Limitations.--
``(A) Nothing in this subsection shall waive or
modify any requirements or restrictions imposed by any
Federal, State, or local agency with authority under
other law to impose such restrictions or requirements on the provision
of telecommunications services or the facilities used to provide such
services.
``(B) Refusal by an owner to provide access to a
telecommunications carrier seeking to provide
telecommunications services or information services to
a commercial property due to a demonstrated lack of
available space at a commercial property on a rooftop
or in a riser, telephone cabinet, conduit, point of
entry or demarcation for internal wiring, or utility
space due to existing occupation of such space by two
or more telecommunications carriers providing service
to that commercial property shall not be a violation of
paragraphs (1)(B) or (2)(D) if the owner has made
reasonable efforts to permit access by such
telecommunications carrier to any space that is
available.
``(6) Definitions.--For the purposes of this subsection the
term--
``(A) `Federal agency' shall mean any executive
agency or any establishment in the legislative or
judicial branch of the Government;
``(B) `commercial property' shall include any
buildings or other structures offered, in whole or in
part, for rent or lease to any Federal agency;
``(C) `incumbent local exchange carrier' shall have
the same meaning given such term in section 251(h) of
the Communications Act of 1934 (47 U.S.C. 251(h)); and
``(D) `information service', `telecommunications
carrier', and `telecommunications service' shall have
the same meaning given such terms, respectively, in
section 3 of the Communications Act of 1934 (47 U.S.C.
153).''.
SEC. 4. APPLICATION TO PUBLIC BUILDINGS.
(a) Rules Required to Apply Requirements.--
(1) In general.--Within six months after the date of
enactment of this Act the Secretary of Commerce, acting through
the Assistant Secretary of Commerce for Telecommunications and
Information, shall promulgate final rules, after notice and
opportunity for public comment, to apply the requirements of
section 105(f) of the National Telecommunications and
Information Administration Organization Act, as added by this
Act, to all buildings and other structures owned or operated by
any Federal agency.
(2) Exemptions.--In promulgating such rules the Assistant
Secretary may, at the direction of the President, exempt any
buildings or structures owned or operated by a Federal agency
if the application of such requirements would be contrary to
the interests of national security.
(3) Coordination.--The Assistant Secretary shall coordinate
the promulgation of the rules required by this section with the
Administrator of the General Services Administration and the
heads of any establishments in the legislative and judicial
branches of government which are responsible for buildings and
other structures owned or operated by such establishments.
(4) Safety and security.--Such rules may include any
requirements for identification, background checks, or other
matters necessary to ensure access by telecommunications
carriers under this section does not compromise the safety and
security of agency operations in government owned or operated
buildings or structures.
(b) Definition.--For the purposes of this section, the term
``Federal agency'' shall have the same meaning given such term in
section 105(f)(6) of the National Telecommunications and Information
Administration Organization Act, as added by this Act. | Competitive Access to Federal Buildings Act - Amends the National Telecommunications and Information Administration Organization Act to authorize the National Telecommunications and Information Administration to: (1) implement policies for federally-owned buildings and structures for providing non-discriminatory access to such buildings and structures for the provision of telecommunications or information services by telecommunications carriers; and (2) advise the Federal Communications Commission on the development of such policies for commercial property.
Prohibits a Federal agency from entering into a contract to rent or lease commercial property unless the property owner or operator permits such non-discriminatory access for a carrier that has obtained, where required, a Federal or State certificate of public convenience and necessity for the provision of such services and that seeks to provide such services to tenants.
Allows such owner or operator to: (1) charge a reasonable fee for such access; and (2) impose other reasonable, non-discriminatory requirements in connection with such access.
Prohibits a Federal agency from entering into a contract with an owner or operator unless such owner or operator agrees to resolve disputes regarding such access.
Authorizes the waiver of this Act's prohibitions on a case-by-case basis: (1) by a Federal agency head when such agency would be unable to obtain any suitable space in that area; and (2) by the President for national security reasons.
Directs the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Telecommunications and Information, to promulgate final rules to apply the requirements of this Act to all Federal buildings and structures. | {"src": "billsum_train", "title": "Competitive Access to Federal Buildings Act"} | 2,479 | 338 | 0.631128 | 2.153889 | 0.83233 | 3.605351 | 7.749164 | 0.949833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Effective Antibiotics Last
Act of 2015'' or the ``HEAL Act''.
SEC. 2. APPROVAL OF CERTAIN DRUGS FOR USE IN A WELL-DEFINED POPULATION
OF PATIENTS.
(a) Approval of Certain Antibacterial.--Section 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by adding at
the end the following:
``(x) Approval of Certain Antibacterial Drugs for Use in a Well-
Defined Population of Patients.--
``(1) Unmet medical need defined.--In this subsection, the
term `unmet medical need' means that the antibacterial drug
involved--
``(A) has improved efficacy, as demonstrated in
adequate, well-controlled studies in humans, for
specific diseases or conditions, where current
therapies have been shown to be less effective;
``(B) has clinically meaningful decreased harms,
demonstrated in adequate, well-controlled studies in
humans, for diseases or conditions, where current
therapies have unacceptable adverse effects; or
``(C) has improved convenience, as demonstrated in
adequate, well-controlled studies in humans, where
improved convenience results in improved effectiveness
or decreased harms.
``(2) Approval.--Upon receipt of an application under
subsection (b) for an antibacterial drug that is intended to
treat a serious or life-threatening disease or condition,
irrespective of whether the drug is intended to address an
unmet medical need, the Secretary--
``(A) may approve the drug under subsection (c)
only for treating a well-defined population of
patients, and based upon the results of clinical trials
inclusive of human subjects representative of such
well-defined population;
``(B) in determining whether to grant such
approval, shall rely on superior outcomes over
available therapies based on direct measures of patient
benefits, as demonstrated in adequate, well-controlled
studies in the well-defined patient population, such
as--
``(i) decreased mortality;
``(ii) irreversible morbidity; or
``(iii) validated surrogate endpoints that
reflect mortality or irreversible morbidity;
and
``(C) shall require the labeling of drugs approved
pursuant to this subsection to prominently include in
the prescribing information required by section 201.57
of title 21, Code of Federal Regulations (or any
successor regulation)--
``(i) the population of patients with
respect to which the added benefit over
available therapies is expected as studied in
adequate, well-controlled studies that form the
basis for approval; and
``(ii) the method for identifying members
of that population.
``(3) Risk evaluation and mitigation strategy.--The
Secretary--
``(A) shall require a risk evaluation and
mitigation strategy (REMS) under section 505-1 for each
drug approved under this subsection; and
``(B) may include in any such strategy additional
elements to assure the safe use of the drug under
subsections (e) and (f) of section 505-1.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to alter the standards of evidence under
subsection (c) or (d) (including the substantial evidence
standard in subsection (d)). Subsections (c) and (d) and such
standards of evidence apply to the review and approval of drugs
under this subsection, including whether a drug is safe and
effective. Nothing in this subsection shall be construed to
limit the authority of the Secretary to approve products
pursuant to this Act and the Public Health Service Act as
authorized prior to the date of enactment of this subsection.
``(5) Effective immediately.--The Secretary shall have the
authorities vested in the Secretary by this subsection
beginning on the date of enactment of this subsection,
irrespective of when and whether the Secretary promulgates
final regulations to carry out this subsection.''.
(b) Licensure of Certain Biological Products.--Section 351(j) of
the Public Health Service Act (42 U.S.C. 262(j)) is amended--
(1) by striking ``(j)'' and inserting ``(j)(1)'';
(2) by inserting ``505(x),'' after ``505(p),''; and
(3) by adding at the end the following:
``(2) In applying section 505(x) of the Federal Food, Drug, and
Cosmetic Act to the licensure of biological products under this
section--
``(A) references to an antibacterial drug with added
benefits over available therapies for a well-defined population
that is intended to treat a serious or life-threatening disease
or condition shall be construed to refer to biological products
with added benefits over available therapies for a well-defined
population intended to treat a bacterial infection associated
with a serious or life-threatening disease; and
``(B) references to an application submitted under section
505(b) of such Act and to approval of a drug under section
505(c) of such Act shall be construed to refer to an
application submitted under subsection (a) of this section and
to licensure of a biological product under such subsection (a),
respectively.''.
(c) Monitoring.--Title III of the Public Health Service Act is
amended by inserting after section 317T (42 U.S.C. 247b-22) the
following:
``SEC. 317U. MONITORING OF ANTIBACTERIAL DRUG USE, PATIENT OUTCOMES,
AND RESISTANCE.
``(a) Monitoring.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall use the National
Healthcare Safety Network or another appropriate monitoring system to
monitor--
``(1) changes in patient outcomes such as mortality and
irreversible morbidity causally related to antibacterial
resistance; and
``(2) changes in bacterial resistance to drugs in relation
to patient outcomes.
``(b) Public Availability of Data.--The Secretary, acting through
the Director of the Centers for Disease Control and Prevention, shall
make the data derived from monitoring under this section publicly
available for the purposes of--
``(1) improving the monitoring of important trends in
patient outcomes in relation to antibacterial resistance; and
``(2) ensuring appropriate stewardship of antibacterial
drugs, including those receiving approval or licensure for a
well-defined population pursuant to section 505(x) of the
Federal Food, Drug, and Cosmetic Act.''.
SEC. 3. SUSCEPTIBILITY TEST INTERPRETIVE CRITERIA FOR MICROBIAL
ORGANISMS.
(a) In General.--Section 511 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360a) is amended to read as follows:
``SEC. 511. SUSCEPTIBILITY TEST INTERPRETIVE CRITERIA FOR MICROBIAL
ORGANISMS.
``(a) In General.--The Secretary shall--
``(1) identify upon approval or licensing of antibacterial
drugs (including biological products intended to treat a
bacterial infection and other types of antimicrobial drugs, as
deemed appropriate by the Secretary), including qualified
infectious disease products, susceptibility test interpretive
criteria for such drugs based upon patient outcomes of
mortality and morbidity from adequate and well-controlled
studies and such other confirmatory evidence as the Secretary
deems necessary; and
``(2) update, consistent with subsection (b), such criteria
as needed based upon scientific evidence of changes in patient
outcomes.
``(b) Responding to Changes in Patient Outcomes To Evaluate
Susceptibility Test Interpretive Criteria.--
``(1) In general.--As needed based on evidence related to
changes in patient outcomes, the Secretary shall--
``(A) evaluate any new scientific studies on
changes in patient outcomes in relation to
susceptibility test interpretive criteria; and
``(B) publish on the public Website of the Food and
Drug Administration a notice--
``(i) presenting suggested new or updated
interpretive criteria; and
``(ii) if needed, hold a public advisory
committee to discuss scientific evidence
related to changes in interpretative criteria.
``(2) Annual compilation of notices.--Each year, the
Secretary shall compile the notices published under paragraph
(1)(B) noting any changes from prior notices and publish such
compilation in the Federal Register.
``(c) Definition.--In this section, the term `susceptibility test
interpretive criteria' means one or more specific values which
characterize patient outcomes in relation to the degree to which
bacteria or other microbes are more resistant to treatment as measured
by patient outcomes.''.
(b) Conforming Amendment.--Section 1111 of the Food and Drug
Administration Amendments Act of 2007 (42 U.S.C. 247d-5a; relating to
identification of clinically susceptible concentrations of
antimicrobials) is repealed.
(c) Report to Congress.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on the progress made in implementing
section 511 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360a), as amended by this section.
SEC. 4. REQUIRING DEMONSTRATION OF SUPERIOR OUTCOMES FOR QUALIFIED
INFECTIOUS DISEASE PRODUCTS TO RECEIVE AN EXTENDED
EXCLUSIVITY PERIOD.
Section 505E(g) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355f(g)) is amended by striking ``means an antibacterial or
antifungal drug for human use intended to treat'' and inserting ``means
an antibacterial or antifungal drug for human use that is demonstrated
to produce superior outcomes over available therapies, based on direct
measures of patient benefits in clinical trials, and that is intended
to treat''.
SEC. 5. GUIDANCE ON TARGET PRODUCT PROFILES.
Not later than 18 months after the date of enactment of this Act,
the Commissioner of Food and Drugs, in consultation with the
Administrator of the Centers for Medicare & Medicaid Services, the
Director of the Indian Health Service, the Secretary of Defense, and
the Secretary of Veterans Affairs, shall issue guidance on the
development of target product profiles for novel antibacterial drugs
focused on public health priorities. | Helping Effective Antibiotics Last Act of 2015 or the HEAL Act This bill amends the Federal Food, Drug, and Cosmetic Act to allow the Food and Drug Administration (FDA) to approve an antibacterial drug or biological product that is intended to treat a serious or life-threatening condition only for treating a well-defined population of patients. To be approved, the antibacterial product must produce superior outcomes over available therapies in the well-defined patient population. A product approved by this pathway must include in its prescribing information the population of patients expected to benefit from using the product and the method for identifying members of that population. The FDA must require each product to have a risk evaluation and mitigation strategy. The Centers for Disease Control and Prevention must monitor changes to bacterial drug resistance and changes to patient outcomes caused by bacterial drug resistance. Upon approval of antibacterial products, the FDA must identify susceptibility test interpretive criteria (the drug concentrations where a type of bacteria is categorized as susceptible, intermediate, or resistant) and update the criteria as needed based upon evidence of changes in patient outcomes. To be eligible for an exclusivity period extension, a qualified infectious disease product must be demonstrated to produce superior outcomes over available therapies. The FDA must issue guidance on the development of target product profiles for antibacterial drugs. | {"src": "billsum_train", "title": "HEAL Act"} | 2,410 | 279 | 0.596514 | 1.813949 | 0.857387 | 3.445783 | 8.365462 | 0.899598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Medicare Costs through
Innovation Act''.
SEC. 2. MEDICARE COMMERCIALIZATION GRANTS.
(a) Definitions.--In this section:
(1) The term--
(A) ``Administrator'' means the Administrator of
the Centers for Medicare & Medicaid Services; and
(B) ``Secretary'' means the Secretary of Health and
Human Services.
(2) The terms ``commercialization'', ``Phase I'', ``Phase
II'', ``Phase III'', ``SBIR'', and ``STTR'' have the meanings
given those terms in section 9(e) of the Small Business Act (15
U.S.C. 638(e)).
(3) The term ``eligible medical product'' means a product--
(A) for which a grant recipient received a Medicare
commercialization grant;
(B) which will maintain or improve quality of care
while reducing costs (as determined by the Secretary);
and
(C)(i) that is a drug, as defined under section
201(g)(1) of Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(g)(1));
(ii) that is a biological product, as defined in
section 351 of the Public Health Service Act (42 U.S.C.
262);
(iii) that is a combination product, as described
in section 503(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(g)); or
(iv) that is a device, as defined in section 201(h)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(h)), for which approval under section 515 of such
Act is required.
(4) The term ``eligible small business concern'' means a
small business concern that--
(A) has a focus on the diseases or conditions that
are the top 10 cost drivers in the Medicare program
under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.), as determined by the Secretary in
accordance with subsection (b)(3);
(B) is otherwise eligible for a Centers for
Medicare & Medicaid Services SBIR or STTR program
grant;
(C) has completed Phase I activities; and
(D) has funding for Phase II activities.
(5) The term ``small business concern'' has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 632).
(b) Medicare Commercialization Grants.--
(1) Establishment of program.--The Secretary shall
establish within the Centers for Medicare & Medicaid Services
SBIR or STTR program a grant program referred to as the
``Medicare commercialization grant program'' through which the
Secretary shall award grants to eligible small business
concerns with approved applications to assist such small
business concerns in Phase III activities related to developing
novel eligible medical products and receiving approval or
clearance by the Food and Drug Administration for such eligible
medical products in accordance with paragraph (2).
(2) Approval process for grant recipient's novel drugs,
devices, or diagnostics.--A grantee may choose to submit an
application for approval of novel drugs, devices, or
diagnostics through a traditional approval process or through
the pilot program for parallel review of medical products
described in subsection (c).
(3) Applications.--
(A) Solicitation of applications.--The Secretary
shall issue an annual solicitation of applications for
the grant program under paragraph (1), with a focus on
the diseases or conditions that are the top 10 cost
drivers in the Medicare program under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.), as
determined by the Secretary in accordance with
subparagraph (B).
(B) Cost drivers in medicare.--The Secretary shall
assess, in consultation with stakeholders, and take
into consideration for purposes of determining such
cost drivers and the eligibility of a small business
concern, as described in subsection (a)(4)(A)--
(i) high volume medical procedures that are
paid for under the Medicare program;
(ii) diseases or conditions that a high
number of Medicare beneficiaries are affected
by;
(iii) high cost medical procedures that are
paid for under the Medicare program;
(iv) diseases or conditions that Medicare
beneficiaries are affected by that result in a
high cost to the Medicare program; and
(v) areas described in clauses (i) through
(iv) for which there is a high potential for
innovation or cost reduction.
(C) Application requirement.--Each eligible small
business concern that applies for a Medicare
commercialization grant shall include in the
application for such grant a description of each source
of funding for the eligible business concern and the
amount of funding from each such source.
(4) Duration.--An eligible small business concern may
receive a Medicare commercialization grant for a period of not
less than 1 year and not more than 3 years.
(5) No limit on number of recipients.--The Secretary shall
not limit the number of eligible small business concerns that
may receive a Medicare commercialization grant.
(6) Periodic assessment.--At the completion of the third
year for which grants are awarded under this subsection, the
Secretary shall prepare an assessment containing information
about the cost reductions and improvements in care that result
from such grants, including--
(A) a general assessment of the cost drivers that
the grants were intended to address;
(B) information about the novel eligible medical
products that the grantees developed or received
approval or clearance for with the aid of grant funding
under this subsection; and
(C) the potential for a reduction in costs that may
result if such novel eligible medical products were
used nationwide.
(7) Report.--The Secretary shall prepare and submit to
Congress, at the completion of the third year for which grants
are awarded under this subsection and following the assessment
described in paragraph (6), a summary report containing the
information described in paragraph (6). The Secretary shall
also post each such report on the website of the Department of
Health and Human Services.
(8) Funding.--To carry out the grant program under this
subsection, the Secretary shall use amounts allocated for the
SBIR and STTR programs of the Department of Health and Human
Services under subsections (f) and (n), respectively, of
section 9 of the Small Business Act (15 U.S.C. 638).
(9) Collaboration.--The Secretary shall collaborate with
the heads of other divisions within the Department of Health
and Human Services as the Secretary determines necessary to
carry out this subsection.
(c) Pilot Program for Parallel Review of Medical Products.--
(1) In general.--Not later than 60 days after the date of
enactment of this section, the Secretary and the Administrator
shall jointly establish a pilot program for parallel review of
eligible medical products that is similar to the ``Pilot
Program for Parallel Review of Medical Products'' described in
the notice of the Centers for Medicare & Medicaid Services,
published in the Federal Register on October 11, 2011 (76 Fed.
Reg. 62808) (referred to in this subsection as the ``pilot
program''). Such pilot program shall not affect the applicable
criteria or standards for approving, clearing, or classifying
medical products under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301) and shall not affect the criteria and standards
relating to determinations about a reimbursement designation or
a national coverage determination under the Medicare program
under title XVIII of the Social Security Act.
(2) Purpose.--The purposes of the pilot program are to--
(A) reduce the timeline of the review processes for
purposes of approval by the Food and Drug
Administration under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301) and a reimbursement
designation and a national coverage determination under
the Medicare program under title XVIII of the Social
Security Act for certain medical products developed by
Medicare commercialization grant recipients; and
(B) increase the efficiency of, and communication
between, the Department of Health and Human Services
and the Centers for Medicare & Medicaid Services.
(3) Eligible participants.--The pilot program established
under this subsection shall be available--
(A) only to recipients of a Medicare
commercialization grant under this subsection (b) who
choose to participate in such pilot program; and
(B) only for the review of eligible medical
products.
(4) Parallel review process.--As part of the pilot
program--
(A) to the extent practicable, the Secretary and
the Administrator shall notify participating grant
recipients of the data that may be necessary for the
grant recipient to submit at the beginning of the
review process; and
(B) the Administrator shall begin review for
purposes of a reimbursement designation and a national
coverage determination under the Medicare program under
title XVIII of the Social Security Act for an eligible
medical product while the Secretary of Health and Human
Services is reviewing that eligible medical product for
approval under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301).
(5) Allocation of resources.--The Administrator shall
allocate the resources necessary to carry out the pilot
program. | Reducing Medicare Costs through Innovation Act This bill establishes a Medicare commercialization grant program, through which the Centers for Medicare & Medicaid Services (CMS) shall award grants to eligible small businesses for certain activities related to developing novel eligible medical products and receiving Food and Drug Administration (FDA) approval for such products. CMS shall solicit grant applications annually, with a focus on the diseases or conditions that are the top ten cost drivers in the Medicare program. To carry out the grant program, CMS shall use amounts allocated under the Small Business Act for the Small Business Innovation Research and Small Business Technology Transfer programs. The bill also establishes a pilot program (similar to a pilot program that was previously established in regulation) for parallel review of medical products with the purpose of reducing, with respect to certain medical products developed by Medicare commercialization grant recipients, the timeline for FDA approval and Medicare national coverage determinations. A Medicare commercialization grant applicant may choose to apply for FDA approval of novel medical products either through a traditional process or through the pilot program. | {"src": "billsum_train", "title": "Reducing Medicare Costs through Innovation Act"} | 2,034 | 261 | 0.532752 | 1.595233 | 0.864199 | 2.850515 | 9.670103 | 0.840206 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emmett Till Unsolved Civil Rights
Crimes Reauthorization Act of 2016''.
SEC. 2. INVESTIGATION OF UNSOLVED CIVIL RIGHTS CRIMES.
The Emmett Till Unsolved Civil Rights Crime Act of 2007 (28 U.S.C.
509 note) is amended--
(1) in section 2--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(C) by inserting after paragraph (2) the following:
``(3) meet regularly with eligible entities to coordinate the
sharing of information and to discuss the status of the
Department's work under this Act;
``(4) support the full accounting of all victims whose deaths
or disappearances were the result of racially motivated crimes;
``(5) hold accountable under Federal and State law all
individuals who were perpetrators of, or accomplices in, unsolved
civil rights murders and such disappearances;
``(6) express the condolences of the authority to the
communities affected by unsolved civil rights murders, and to the
families of the victims of such murders and such disappearances;
``(7) keep families regularly informed about the status of the
investigations of such murders and such disappearances of their
loved ones; and
``(8) expeditiously comply with requests for information
received pursuant to section 552 of title 5, United States Code,
(commonly known as the `Freedom of Information Act') and develop a
singular, publicly accessible repository of these disclosed
documents.'';
(2) in section 3--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``1969'' and
inserting ``1979'';
(ii) in paragraph (2), by inserting before the period
at the end the following: ``, and eligible entities''; and
(iii) by adding after paragraph (2) the following:
``(3) Review of closed cases.--The Deputy Chief may, to the
extent practicable, reopen and review any case involving a
violation described in paragraph (1) that was closed prior to the
date of the enactment of the Emmett Till Unsolved Civil Rights
Crimes Reauthorization Act of 2016 without an in-person
investigation or review conducted by an officer or employee of the
Criminal Section of the Civil Rights Division of the Department of
Justice or by an agent of the Federal Bureau of Investigation.
``(4) Public engagement.--
``(A) In general.--The Department shall hold meetings with
representatives of the Civil Rights Division, Federal Bureau of
Investigation, the Community Relations Service, eligible
entities, and where appropriate, state and local law
enforcement to discuss the status of the Department's work
under this Act.
``(B) Authorization of appropriations.--In addition to
amounts made available to carry out this Act under section 6,
there is authorized to be appropriated to the Attorney General
$1,500,000 for fiscal year 2017 and each of the next 10
subsequent fiscal years to carry out this paragraph.''; and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``1969'' and
inserting ``1979'';
(II) in subparagraph (F), by striking ``and'' at
the end;
(III) in subparagraph (G), by striking the period
at the end and inserting ``; and''; and
(IV) by inserting after subparagraph (G) the
following:
``(H) the number of cases referred by an eligible entity or
a State or local law enforcement agency or prosecutor to the
Department within the study period, the number of such cases
that resulted in Federal charges being filed, the date the
charges were filed, and if the Department declines to prosecute
or participate in an investigation of a case so referred, the
fact that it did so, and the outreach, collaboration, and
support for investigations and prosecutions of violations of
criminal civil rights statutes described in section 2(3),
including murders and including disappearances described in
section 2(4), within Federal, State, and local
jurisdictions.''; and
(ii) in paragraph (2), by inserting before the period
at the end the following: ``and a description of the
activities conducted under subsection (b)(3)'';
(3) in section 4(b)--
(A) in paragraph (1), by striking ``1969'' and inserting
``1979''; and
(B) in paragraph (2), by inserting before the period at the
end the following: ``, and eligible entities'';
(4) in section 5--
(A) in subsection (a), by striking ``1969'' and inserting
``1979''; and
(B) in subsection (b), by striking ``each of the fiscal
years 2008 through 2017'' and inserting ``fiscal year 2017 and
each of the 10 subsequent fiscal years''; and
(5) in section 6--
(A) in subsection (a)--
(i) by striking ``each of the fiscal years 2008 through
2017'' and inserting ``fiscal year 2017 and each of the 10
subsequent fiscal years''; and
(ii) by striking ``1969'' and inserting ``1979''; and
(B) by amending subsection (b) to read as follows:
``(b) Community Relations Service of the Department of Justice.--
Using funds appropriated under section 3(b)(4)(B), the Community
Relations Service of the Department of Justice shall provide technical
assistance by bringing together law enforcement agencies and
communities to address tensions raised by Civil Rights era crimes.'';
(6) in section 7--
(A) in the heading, by striking ``definition of `criminal
civil rights statutes''' and inserting ``definitions'';
(B) in paragraph (6), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and indenting
the clauses accordingly;
(C) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and indenting the
subparagraphs accordingly;
(D) by striking ``In this Act, the term'' and inserting:
``In this Act:
``(1) Criminal civil rights statutes.--The term''; and
(E) by inserting at the end the following:
``(2) Eligible entity.--The term `eligible entity' means an
organization whose primary purpose is to promote civil rights, an
institution of higher education, or another entity, determined by
the Attorney General to be appropriate.''; and
(7) by striking section 8.
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 House on December 7, 2016. Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Sec. 2) This bill reauthorizes the Emmett Till Unsolved Civil Rights Crime Act of 2007 (Emmett Till Act) and expands the responsibilities of the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) to include the investigation and prosecution of criminal civil rights statutes violations that occurred before 1980 and resulted in a death. (Currently, Emmett Till Act investigations are limited to violations that occurred before 1970.) The bill expresses the sense of Congress that all authorities with jurisdiction should: (1) meet regularly with civil rights organizations, institutions of higher education, and DOJ-designated entities to coordinate information sharing and discuss the status of DOJ's Emmett Till Act work; (2) support the full accounting of all victims whose deaths or disappearances were the result of racially motivated crimes; (3) hold accountable under federal and state law individuals who were perpetrators of, or accomplices in, unsolved civil rights murders and disappearances; (4) keep families regularly informed about the status of the investigations; and (5) expeditiously comply with Freedom of Information Act requests and develop a singular, publicly accessible repository of these disclosed documents. In investigating a complaint, DOJ may coordinate activities with entities that DOJ determines to be appropriate. DOJ may reopen and review cases closed without an in-person investigation conducted by DOJ or the FBI. DOJ must hold meetings with the Civil Rights Division, the FBI, the Community Relations Service, civil rights organizations, institutions of higher education, DOJ-designated entities, and state and local law enforcement to discuss the status of its Emmett Till Act work. In an annual report to Congress, DOJ must indicate: the number of cases referred by a civil rights organization, an institution of higher education, or a state or local law enforcement agency; the number of such cases that resulted in federal charges; the date any such charges were filed; whether DOJ has declined to prosecute or participate in an investigation of a referred case; the outreach, collaboration, and support for investigations and prosecutions of violations of criminal civil rights statutes, including murders and disappearances; and any activity on reopened cases. The Community Relations Service must provide technical assistance by bringing together law enforcement agencies and communities to address tensions raised by civil rights era crimes. | {"src": "billsum_train", "title": "Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016"} | 1,564 | 549 | 0.670553 | 2.474535 | 0.745431 | 3.831933 | 3.084034 | 0.840336 |
Defined.--For purposes of this section, the
term ``joint resolution'' means--
(1) in the case of a joint resolution introduced within 5
session days of Congress of receipt by Congress of a report
described in section 2(b), only a joint resolution the matter
after the resolving clause of which is as follows: ``That
Congress approves the recommendation of the President to not
apply the country sanction described in the report submitted on
____ pursuant to section 2(b) of the Sanctions Implementation
Procedures Act of 1998 with respect to the sanctionable activity
described in the report.'', with the blank filled in with the
appropriate date; and
(2) in the case of a joint resolution introduced within 5
session days of Congress of receipt by Congress of a report
described in section 2(d), only a joint resolution the matter
after the resolving clause of which is as follows: ``That
Congress approves the recommendation of the President to remove
the country sanction described in the report submitted on ____
pursuant to section 2(d) of the Sanctions Implementation
Procedures Act of 1998 with respect to the sanctionable
activity described in the report.'', with the blank filled in
with the appropriate date.
(b) Referral of Resolutions.--A resolution described in subsection
(a) that is introduced in the Senate shall be referred to the Committee
on Foreign Relations of the Senate. A resolution described in
subsection (a) that is introduced in the House of Representatives shall
be referred to the Committee on International Relations of the House of
Representatives.
(c) Discharge of Committees.--If the committee to which is referred
a resolution described in subsection (a) has not reported such
resolution (or an identical resolution) at the end of 5 session days of
Congress after its introduction, the committee shall be deemed to be
discharged from further consideration of the resolution and the
resolution shall be placed on the appropriate calendar of the House
involved.
(d) Motions To Proceed to the Consideration of the Resolutions.--
Whenever the committee to which a resolution is referred has reported,
or has been deemed to be discharged from further consideration of, a
resolution described in subsection (a), it is at any time thereafter in
order (even though a previous motion to the same effect has been
disagreed to) for any member of the respective House to move to proceed
to the consideration of the resolution, and all points of order against
the resolution (and against consideration of the resolution) are
waived. The motion is highly privileged in the House of Representatives
and is privileged in the Senate and is not debatable. The motion is not
subject to amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall not be
in order. If a motion to proceed to the consideration of the resolution
is agreed to, the resolution shall remain unfinished business of the
respective House until disposed of.
(e) Time for Debate.--Debate on the resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 8 hours, which shall be divided equally between those
favoring and those opposing the resolution. A motion further to limit
debate is in order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the resolution is not in order. A
motion to reconsider the vote by which the resolution is agreed to or
disagreed to is not in order.
(f) Vote on Final Passage.--Immediately following the conclusion of
the debate on a resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the appropriate House, the vote on final passage of
the resolution shall occur.
(g) Appeals.--Appeals from the decisions of the Chair relating to
the application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure relating to a
resolution described in subsection (a) shall be decided without debate.
(h) Treatment of Other House's Resolution.--If, before the passage
by one House of a resolution of that House described in subsection (a),
that House receives from the other House a resolution described in
subsection (a), then the following procedures shall apply:
(1) The resolution of the other House shall not be referred
to a committee.
(2) With respect to a resolution described in subsection
(a) of the House receiving the resolution--
(A) the procedure in that House shall be the same
as if no resolution had been received from the other
House; but
(B) the vote on final passage shall be on the
resolution of the other House.
(i) Presidential Vetoes.--
(1) In general.--Upon receipt of a message from the
President returning the joint resolution unsigned to the House
of origin and setting further his objections to the joint
resolution, the House receiving the message shall immediately
enter the objections at large on the journal of that House and
the House shall proceed to the immediate reconsideration of the
joint resolution the objections of the President to the
contrary notwithstanding or of a motion to proceed to the
immediate reconsideration of the joint resolution, or the joint
resolution and objections shall lie on the table. Upon receipt of a
message of a House transmitting the joint resolution and the objections
of the President, the House receiving the message shall proceed to the
immediate reconsideration of the joint resolution the objections of the
President to the contrary notwithstanding or of a motion to proceed to
the immediate reconsideration of the joint resolution, or the joint
resolution and objections shall lie on the table. A motion to refer the
joint resolution to a committee shall not be in order in either House.
(2) Motion to proceed.--After the receipt of a message by a
House as described in paragraph (1), it is at any time in order
(even though a previous motion to the same effect has been
disagreed to) for any Member of the respective House to move to
proceed to the reconsideration of the joint resolution the
objections of the President to the contrary notwithstanding.
The motion is highly privileged in the House of Representatives
and is a question of highest privilege in the Senate and is not
debatable. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not
be in order. If a motion to proceed to the reconsideration of
the resolution is agreed to, the resolution shall remain the
unfinished business of the respective House until disposed of.
(3) Limit on debate.--Debate on reconsideration of the
joint resolution, and on all debatable motions and appeals in
connection therewith, shall be limited to not more than 8
hours, which shall be divided equally between those favoring
and those opposing the joint resolution. A motion further to
limit debate is in order and not debatable. An amendment to, or
a motion to postpone, or a motion to proceed to the
consideration of other business is not in order. A motion to
reconsider the vote by which the joint resolution is agreed to
notwithstanding the objections of the President or disagreed to
is not in order.
(4) Vote to override veto.--Immediately following the
conclusion of the debate on reconsideration of the resolution,
and a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the appropriate
House, the vote on the question of passage, the objections of
the President to the contrary notwithstanding, shall occur.
(j) Rules of the Senate and the House.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such as it
is deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution described in subsection
(a), and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
SEC. 4. DEFINITIONS.
In this Act:
(1) Country sanction.--The term ``country sanction'' means
any prohibition or restriction that is expressly directed to or
is applied to, a specific foreign country or government--
(A) on the use of Federal funds with respect to the
foreign country or government; or
(B) on transactions involving property in which the
foreign country or government has any interest.
(2) Mandated by statute.--The term ``mandated by
statute''--
(A) means any direction or requirement expressed in
statute; and
(B) excludes any provision of law conferring
discretion or authority upon an officer or employee of
the United States, including any authority to exercise
a waiver or delay in the implementation of a statutory
provision, except that this exclusion does not apply to
any provision of law containing a waiver that may only
be exercised on grounds more restrictive than a
determination that it is in the national interests of
the United States to do so.
(3) Initial imposition.--The term ``initial imposition''
means, with respect to a sanction or sanctions, the first
imposition of any sanction with respect to a specific
determination made under the statute mandating the sanction.
(4) Sanctionable activity.--The term ``sanctionable
activity'' means the conduct of the foreign country or
government that is the basis for the imposition of a country
sanction mandated by statute.
(5) Session day of congress.--The term ``session day of
Congress'' means any day on which the respective House of
Congress is in session. | Sanctions Implementation Procedures Act of 1998 - Authorizes the President to delay the initial imposition of sanctions against a foreign country mandated by statute if it is determined that such delay is necessary: (1) to assist in negotiating a cessation by the country of the sanctionable activity; or (2) for a review of the potential effectiveness of such sanction.
Terminates such a delay and imposes such a sanction: (1) 45 days after the delay commenced; or (2), if earlier, when a report submitted under this Act does not recommend that the sanction should not apply. Allows an extended delay of 15 days if such a report does recommend that the sanction should not apply; but requires imposition of the sanction after such 15-day period if the Congress has not enacted a joint resolution approving the recommendation.
Directs the President to submit to the Congress a report setting forth: (1) the objectives of the country sanction delayed; (2) the extent of multilateral support, if any, for such sanction; (3) the estimated impact on the country to be sanctioned; (4) the costs and benefits to the United States of imposing the country sanction; and (5) if the President so determines, based upon such information, a recommendation that the country sanction should not apply with respect to a sanctionable activity. Declares that a country sanction with respect to which the President has made such a recommendation shall not apply with respect to the sanctionable activity if the Congress enacts a joint resolution approving such recommendation.
Directs the President, two years after the initial imposition of any country sanction, and annually thereafter, to submit a similar report to the Congress.
Sets forth congressional procedures for the approval of joint resolutions. | {"src": "billsum_train", "title": "Sanctions Implementation Procedures Act of 1998"} | 2,225 | 382 | 0.613803 | 1.895878 | 0.755496 | 1.626471 | 6.152941 | 0.814706 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.