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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Albuquerque Indian School Land
Transfer Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 19 pueblos.--The term ``19 Pueblos'' means the New
Mexico Indian Pueblos of--
(A) Acoma;
(B) Cochiti;
(C) Isleta;
(D) Jemez;
(E) Laguna;
(F) Nambe;
(G) Ohkay Owingeh (San Juan);
(H) Picuris;
(I) Pojoaque;
(J) San Felipe;
(K) San Ildefonso;
(L) Sandia;
(M) Santa Ana;
(N) Santa Clara;
(O) Santo Domingo;
(P) Taos;
(Q) Tesuque;
(R) Zia; and
(S) Zuni.
(2) Map.--The term ``map'' means the map entitled ``The
Town of Albuquerque Grant, Bernalillo County, within Township
10 North, Range 3 East, of the New Mexico Principal Meridian,
New Mexico--Metes and Bounds Survey'' and dated August 12,
2011.
(3) Secretary.--The term ``Secretary'' means Secretary of
the Interior.
SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS.
(a) Action by Secretary.--
(1) In general.--The Secretary shall take into trust all
right, title, and interest of the United States in and to the
Federal land described in subsection (b) for the benefit of the
19 Pueblos immediately after the Secretary determines that the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) have been satisfied regarding the
trust acquisition of the Federal land.
(2) Administration.--The Secretary shall--
(A) take such action as the Secretary determines to
be necessary to document the transfer under paragraph
(1); and
(B) appropriately assign each applicable private
and municipal utility and service right or agreement.
(b) Description of Land.--The Federal land referred to in
subsection (a)(1) is the 4 tracts of Federal land, the combined acreage
of which is approximately 11.11 acres, that were historically part of
the Albuquerque Indian School, more particularly described as follows:
(1) Abandoned indian school road.--The approximately 0.83
acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the
New Mexico Principal Meridian in Albuquerque, New Mexico, as
identified on the map.
(2) Southern part tract d.--The approximately 6.18 acres
located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico
Principal Meridian in Albuquerque, New Mexico, as identified on
the map.
(3) Tract 1.--The approximately 0.41 acres located in sec.
7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in
Albuquerque, New Mexico, as identified on the map.
(4) Western part tract b.--The approximately 3.69 acres
located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico
Principal Meridian in Albuquerque, New Mexico, as identified on
the map.
(c) Survey.--The Secretary shall conduct a survey of the Federal
land to be transferred consistent with subsection (b) and may make
minor corrections to the survey and legal description of the Federal
land described in subsection (b) as the Secretary determines to be
necessary to correct clerical, typographical, and surveying errors.
(d) Use of Land.--The Federal land taken into trust under
subsection (a) shall be used for the educational, health, cultural,
business, and economic development of the 19 Pueblos.
(e) Limitations and Conditions.--The Federal land taken into trust
under subsection (a) shall remain subject to any private or municipal
encumbrance, right-of-way, restriction, easement of record, or utility
service agreement in effect on the date of enactment of this Act.
(f) Bureau of Indian Affairs Use.--
(1) In general.--The 19 Pueblos shall allow the Bureau of
Indian Affairs to continue to use the land taken into trust
under subsection (a) for the facilities and purposes as in
existence on the date of enactment of this Act, in accordance
with paragraph (2).
(2) Requirements.--The use by the Bureau of Indian Affairs
under paragraph (1) shall--
(A) be free of any rental charge; and
(B) continue until such time as the Secretary
determines there is no further need for the existing
Bureau of Indian Affairs facilities.
SEC. 4. EFFECT OF OTHER LAWS.
(a) In General.--Subject to subsection (b), Federal land taken into
trust under section 3(a) shall be subject to Federal laws relating to
Indian land.
(b) Gaming.--No class I gaming, class II gaming, or class III
gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25
U.S.C. 2703)) shall be carried out on the Federal land taken into trust
under section 3(a). | Albuquerque Indian School Land Transfer Act - Directs the Secretary of the Interior to take into trust 4 tracts of federal land in New Mexico, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School for the benefit of 19 specified pueblos immediately after the requirements of the National Environmental Policy Act of 1969 (NEPA) have been satisfied regarding the trust acquisition of such federal land. Instructs the Secretary to: (1) take such action as determined to be necessary to document such transfer, and (2) appropriately assign each applicable private and municipal utility and service right or agreement. Requires the federal lands taken into trust to be used for the educational, health, cultural, business, and economic development of the 19 pueblos. Requires the federal lands taken into trust to remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on this Act's enactment date. Requires the 19 pueblos to allow the Bureau of Indian Affairs (BIA) to continue to use the federal lands taken into trust for the facilities and purposes as in existence on this Act's enactment date. Prohibits any class I, class II, or class III gaming from being carried out on the federal lands taken into trust under this Act. | {"src": "billsum_train", "title": "Albuquerque Indian School Land Transfer Act"} | 1,200 | 307 | 0.578134 | 1.904942 | 0.861888 | 5.135135 | 4.019305 | 0.911197 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gang Elimination Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The number of documented members of gangs located in
the United States has grown to over 800,000. This number is
larger than all but six armies in the world.
(2) Gangs run by international drug cartels represent a
clear and present danger to the national security of the United
States.
(3) Drug gangs have become one of the principle means of
importing and distributing illegal narcotics in the United
States.
(4) Drug gangs are now operating within suburban
communities. Some police departments and some sheriffs' offices
located in such communities are less prepared than police
departments and sheriffs' offices located in urban communities
to reduce this threat.
(5) The average recruit into a gang is in the seventh
grade.
(6) Gangs run by international drug cartels now number in
the hundreds of thousands, across city, State, and national
boundaries.
(7) Current efforts by municipal and State law enforcement
communities have not eliminated this threat to the Nation, law
and order, or to children.
(8) Only the Federal Government can muster the strategy,
resources, and intelligence to remove this growing danger to
the people in the United States.
SEC. 3. NATIONAL STRATEGY TO ELIMINATE THE ILLEGAL OPERATIONS OF THE
THREE INTERNATIONAL DRUG GANGS THAT PRESENT THE BIGGEST
THREAT IN THE UNITED STATES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Attorney General, in consultation with the
Secretary of Homeland Security, shall submit to Congress a report, in
both classified and unclassified form, setting forth a national
strategy to eliminate within the period that is four years after the
date of such submission the illegal operations of each National Threat
Drug Gang designated under subsection (b). In addition to such
strategy, the report shall include the following information:
(1) A list identifying each of such National Threat Drug
Gangs.
(2) A description of the composition, operations,
strengths, and weaknesses of each of such National Threat Drug
Gangs.
(b) Designation of National Threat Drug Gangs.--In developing the
national strategy under subsection (a), the Attorney General shall
identify the top three international drug gangs that present the
greatest threat to law and order in the United States and shall
designate each such gang as a ``National Threat Drug Gang''. For
purposes of identifying such gangs, the Attorney General shall
consider--
(1) the extent to which, for the purpose of committing a
drug-related offense, the gang conducts activities with any
international terrorist organization or state designated by the
Secretary of State as a state sponsor of terrorism, as compared
to the extent to which other international drug gangs conduct
such activities for such purpose;
(2) the volume of controlled substances (as defined in
section 102 of the Controlled Substance Act (21 U.S.C. 802))
that such gang imports to or distributes within the United
States, as compared to the volume of controlled substances that
other international drug gangs import to or distribute within
the United States; and
(3) the extent to which the gang is a threat to children
and schools within the United States, as compared to the extent
to which other international drug gangs are such a threat.
(c) Definitions.--For purposes of this Act:
(1) Drug gang.--The term ``drug gang'' means an ongoing
group, club, organization, or association of 50 or more
individuals--
(A) that has as one of its primary purposes the
commission of one or more drug-related offenses;
(B) the members of which engage, or have engaged
within the past five years, in a continuing series of
drug-related offenses; and
(C) the activities of which--
(i) include crimes of violence, as defined
in section 16 of title 18, United States Code
(including rape); and
(ii) affect interstate or foreign commerce.
(2) Drug-related offense.--The term ``drug-related
offense'' means--
(A) a Federal felony involving a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) for which the maximum
penalty is not less than 5 years, including a crime
involving the manufacturing, importing, distributing,
dispensing, or possessing with the intent to
manufacture, distribute, or dispense such a controlled
substance; and
(B) a conspiracy to commit an offense described in
subparagraph (A).
(3) International drug gang.--The term ``international drug
gang'' means a drug gang that--
(A) conducts activities that affect foreign
commerce; or
(B) conspires with another drug gang that conducts
activities that affect foreign commerce. | Gang Elimination Act of 2006 - Directs the Attorney General to report to Congress on a national strategy to eliminate the illegal operations of National Threat Drug Gangs (i.e., the top three international drug gangs that present the greatest threat to law and order in the United States). Sets forth criteria for the Attorney General to consider in identifying a National Threat Drug Gang, including (1) ties to international terrorist organizations or state-sponsored terrorism; (2) the volume of controlled substances imported or distributed by such gangs; and (3) the threat to children and schools in the United States. | {"src": "billsum_train", "title": "To require the Attorney General to develop a national strategy to eliminate the illegal operations of the top three international drug gangs that present the greatest threat to law and order in the United States."} | 1,101 | 125 | 0.642851 | 1.695402 | 0.625352 | 3.991228 | 8.947368 | 0.903509 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Wildlife Refuge System
Centennial Commemoration Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) President Theodore Roosevelt began an American wildlife
conservation legacy by establishing the first national wildlife
refuge at Indian River Lagoon on Pelican Island, Florida, on
March 14, 1903;
(2) the National Wildlife Refuge System is comprised of
more than 93,000,000 acres of Federal land managed by the
United States Fish and Wildlife Service in more than 520
individual refuges and thousands of Waterfowl Production Areas
located in all 50 States and the territories of the United
States;
(3) the System is the only network of Federal land that--
(A) is dedicated singularly to wildlife
conservation; and
(B) has wildlife-dependent recreation and
environmental education as priority public uses;
(4) the System serves a vital role in the conservation of
millions of migratory birds, hundreds of endangered and
threatened species, some of the premier fisheries of the United
States, marine mammals, and the habitats on which those species
depend;
(5)(A) each year the System provides millions of Americans
with opportunities to participate in wildlife-dependent
recreation, including hunting, fishing, and wildlife
observation; and
(B) through those activities, Americans develop an
appreciation for the natural wonders and wildlife heritage of
the United States;
(6) the occasion of the centennial of the beginning of the
System, in 2003, presents a historic opportunity to enhance
natural resource stewardship and expand compatible public
enjoyment of the national wildlife refuges of the United
States; and
(7) the United States Fish and Wildlife Service--
(A) recognizes that the System has a backlog of
unmet critical operations and maintenance needs;
(B) has worked to prioritize those needs; and
(C) has made efforts to control the extent of the
backlog.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the National
Wildlife Refuge System Centennial Commission established by
section 4.
(2) System.--The term ``System'' means the National
Wildlife Refuge System established by the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.).
SEC. 4. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``National Wildlife Refuge System Centennial Commission''.
(b) Membership.--The Commission shall be composed of the following
members:
(1) The Secretary of the Interior.
(2) The Director of the United States Fish and Wildlife
Service.
(3) The Executive Director of the National Fish and
Wildlife Foundation established by the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.).
(4) Up to 10 individuals, recommended by the Secretary of
the Interior and appointed by the President, who--
(A) are not officers or employees of the Federal
Government; and
(B) shall be broadly representative of the diverse
beneficiaries of the System and have outstanding
knowledge or appreciation of wildlife, fisheries,
natural resource management, or wildlife-dependent
recreation.
(5) The Chairman and Ranking Member of the Committee on
Environment and Public Works of the Senate and the Chairman and
Ranking Member of the Committee on Resources of the House of
Representatives, who shall be nonvoting members.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancies.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Chairperson.--The Secretary of the Interior shall serve as
Chairperson of the Commission.
SEC. 5. DUTIES.
(a) In General.--The Commission shall--
(1) develop and carry out, in cooperation with Federal,
State, local, and nongovernmental entities (including public
and private associations and educational institutions), a plan
to commemorate, on March 14, 2003, the centennial of the
beginning of the System;
(2) provide, in cooperation with the entities, host
services for conferences on the System and assist in the
activities of the conferences;
(3) make recommendations to the Secretary of the Interior
concerning the long-term plan for the System required under
section 9; and
(4) make recommendations to the Secretary of the Interior
concerning measures that can be taken to enhance natural
resources stewardship and expand compatible public enjoyment of
the System.
(b) Reports to Congress.--
(1) Annual reports.--Not later than December 31 of the
first calendar year that begins after the date on which the
Commission holds its initial meeting, and December 31 of each
calendar year thereafter through 2003, the Commission shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Resources of the House of
Representatives a report on the activities and plans of the
Commission.
(2) Final report.--Not later than December 31, 2004, the
Commission shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Resources of
the House of Representatives a final report on the activities
of the Commission, including an accounting of all funds
received and expended by the Commission.
SEC. 6. POWERS.
(a) Meetings.--The Commission may hold such meetings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
(c) Financial and Administrative Services.--Subject to subsection
(e)(2), the Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service, shall provide to the
Commission financial and administrative services (including services
relating to budgeting, accounting, financial reporting, personnel, and
procurement).
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(e) Gifts.--
(1) Acceptance.--The Commission may accept, use, and
dispose of gifts or donations of services or property to carry
out this Act.
(2) Administration of funds.--The National Fish and
Wildlife Foundation shall administer, on behalf of the
Commission, any gifts of funds received under paragraph (1) in
accordance with the rules and procedures of the Foundation.
(f) Applicable Law.--Federal laws (including regulations) governing
procurement by Federal agencies shall not apply to the Commission,
except for laws (including regulations) concerning working conditions,
wage rates, and civil rights.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--A member of the Commission shall
serve without compensation for the services of the member to the
Commission.
(b) Staff.--
(1) Executive director.--The Chief of the National Wildlife
Refuge System of the United States Fish and Wildlife Service
shall serve as the Executive Director of the Commission.
(2) Other personnel.--The Chairperson of the Commission
may, without regard to the civil service laws (including
regulations), appoint and terminate such personnel as are
necessary to enable the Commission to perform the duties of the
Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the personnel appointed under paragraph
(2) without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and
General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
personnel appointed under paragraph (2) shall not
exceed the rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States
Code.
(c) Travel Expenses.--Each member, the Executive Director, and
other personnel of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or regular place of
business of the individual in the performance of the duties of the
Commission.
SEC. 8. TERMINATION OF COMMISSION.
(a) Date.--The Commission shall terminate 90 days after the date on
which the Commission submits the report of the Commission under section
5(b)(2).
(b) Disposition of Commission Property.--
(1) Memorabilia.--On termination of the Commission and
after consultation with the Archivist of the United States and
the Secretary of the Smithsonian Institution, the Executive
Director may--
(A) deposit all books, manuscripts, miscellaneous
printed matter, memorabilia, relics, and other similar
materials of the Commission relating to the centennial
of the beginning of the System in a Federal, State, or
local library or museum; or
(B) make other disposition of such materials.
(2) Other property.--The Executive Director may--
(A) use property that is acquired by the Commission
and remains on termination of the Commission (other
than property described in paragraph (1)) for the
purposes of the System; or
(B) dispose of such property as excess or surplus
property.
SEC. 9. LONG-TERM PLAN FOR SYSTEM.
After taking into consideration the recommendations of the
Commission under section 5(a)(3), the Secretary of the Interior shall
develop a long-term plan for the System to address--
(1) the priority staffing and operational needs as
determined through--
(A) the refuge operating needs system; and
(B) comprehensive conservation plans for refuges
required under section 4(e) of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C.
668dd(e));
(2) the priority maintenance and construction needs as
identified in the maintenance management system, the 5-year
deferred maintenance list, and the 5-year construction list,
developed by the Secretary of the Interior; and
(3) any transition costs as identified by the Secretary of
the Interior in conducting analyses of newly acquired refuge
lands.
SEC. 10. DESIGNATION OF YEAR OF THE WILDLIFE REFUGE.
(a) In General.--Congress designates 2003 as the ``Year of the
Wildlife Refuge''.
(b) Proclamation.--Congress requests the President to issue a
proclamation calling on the people of the United States to celebrate
the Year of the Wildlife Refuge with appropriate ceremonies and
programs.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the activities
of the Commission under this Act--
(1) $100,000 for fiscal year 2001; and
(2) $250,000 for each of fiscal years 2002 through 2004. | Directs the Secretary to develop a long-term plan for the System to address: (1) priority staffing and operational needs; (2) priority maintenance and construction needs; and (3) any transition costs in conducting analyses of newly acquired refuge lands.
Designates 2003 as Year of the Wildlife Refuge.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Wildlife Refuge System Centennial Commemoration Act of 2000"} | 2,456 | 66 | 0.52533 | 1.333781 | 0.346743 | 4.984375 | 36.6875 | 0.953125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft and Assumption
Deterrence Act of 1998''.
SEC. 2. IDENTITY THEFT.
(a) Establishment of Offense.--Section 1028(a) of title 18, United
States Code, is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6), by adding ``or'' at the end;
(3) in the flush matter following paragraph (6), by
striking ``or attempts to do so,''; and
(4) by inserting after paragraph (6) the following:
``(7) knowingly transfers or uses, without lawful
authority, a means of identification of another person with the
intent to commit, or otherwise promote, carry on, or facilitate
any unlawful activity that constitutes a violation of Federal
law, or that constitutes a felony under any applicable State or
local law;''.
(b) Penalties.--Section 1028(b) of title 18, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``or'' at the
end
(B) in subparagraph (C), by adding ``or'' at the
end; and
(C) by adding at the end the following:
``(D) an offense under paragraph (7) of such
subsection that involves the transfer or use of 1 or
more means of identification if, as a result of the
offense, any individual committing the offense obtains
anything of value aggregating $1,000 or more during any
1-year period;'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``or transfer
of an identification document or'' and inserting
``transfer, or use of a means of identification, an
identification document, or a''; and
(B) in subparagraph (B), by inserting ``or (7)''
after ``(3)'';
(3) by striking paragraphs (3) and (4) and inserting the
following:
``(3) a fine under this title or imprisonment for not more
than 20 years, or both, if the offense is committed--
``(A) to facilitate a drug trafficking crime (as
defined in section 929(a)(2)); or
``(B) after a prior conviction under this section
becomes final;
``(4) a fine under this title or imprisonment for not more
than 25 years, or both, if the offense is committed--
``(A) to facilitate an act of international
terrorism (as defined in section 2331(1)); or
``(B) in connection with a crime of violence (as
defined in section 924(c)(3));'';
(4) by redesignating paragraph (5) as paragraph (6); and
(5) by inserting after paragraph (4) (as added by paragraph
(3) of this subsection) the following:
``(5) in the case of any offense under subsection (a),
forfeiture to the United States of any personal property used
or intended to be used to commit the offense; and''.
(c) Circumstances.--Section 1028(c) of title 18, United States
Code, is amended by striking paragraph (3) and inserting the following:
``(3) either--
``(A) the production, transfer, possession, or use
prohibited by this section is in or affects interstate
or foreign commerce; or
``(B) the means of identification, identification
document, false identification document, or document-
making implement is transported in the mail in the
course of the production, transfer, possession, or use
prohibited by this section.''.
(d) Definitions.--Section 1028 of title 18, United States Code, is
amended by striking subsection (d) and inserting the following:
``(d) Definitions.--In this section:
``(1) Document-making implement.--The term `document-making
implement' means any implement, impression, electronic device,
or computer hardware or software, that is specifically
configured or primarily used for making an identification
document, a false identification document, or another document-
making implement.
``(2) Identification document.--The term `identification
document' means a document made or issued by or under the
authority of the United States Government, a State, political
subdivision of a State, a foreign government, political
subdivision of a foreign government, an international
governmental or an international quasi-governmental
organization which, when completed with information concerning
a particular individual, is of a type intended or commonly
accepted for the purpose of identification of individuals.
``(3) Means of identification.--The term `means of
identification' means any name or number that may be used,
alone or in conjunction with any other information, to identify
a specific individual, including any--
``(A) name, social security number, date of birth,
official State or government issued driver's license or
identification number, alien registration number,
government passport number, employer or taxpayer
identification number;
``(B) unique biometric data, such as fingerprint,
voice print, retina or iris image, or other unique
physical representation;
``(C) unique electronic identification number,
address, or routing code; or
``(D) telecommunication identifying information or
access device (as defined in section 1029(e)).
``(4) Personal identification card.--The term `personal
identification card' means an identification document issued by
a State or local government solely for the purpose of
identification.
``(5) Produce.--The term `produce' includes alter,
authenticate, or assemble.
``(6) State.--The term `State' includes any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any other commonwealth, possession, or
territory of the United States.''.
(e) Attempt and Conspiracy.--Section 1028 of title 18, United
States Code, is amended by adding at the end the following:
``(f) Attempt and Conspiracy.--Any person who attempts or conspires
to commit any offense under this section shall be subject to the same
penalties as those prescribed for the offense, the commission of which
was the object of the attempt or conspiracy.''.
(f) Forfeiture Procedures.--Section 1028 of title 18, United States
Code, is amended by adding at the end the following:
``(g) Forfeiture Procedures.--The forfeiture of property under this
section, including any seizure and disposition of the property and any
related judicial or administrative proceeding, shall be governed by the
provisions of section 413 (other than subsection (d) of that section)
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853).''.
(g) Rule of Construction.--Section 1028 of title 18, United States
Code, is amended by adding at the end the following:
``(h) Rule of Construction.--For purpose of subsection (a)(7), a
single identification document or false identification document that
contains 1 or more means of identification shall be construed to be 1
means of identification.''.
(g) Conforming Amendments.--Chapter 47 of title 18, United States
Code, is amended--
(1) in section 1028, by striking ``or attempts to do so,'';
(2) in the heading for section 1028, by adding ``and
information'' at the end; and
(3) in the analysis for the chapter, in the item relating
to section 1028, by adding ``and information'' at the end.
SEC. 3. RESTITUTION.
Section 3663A of title 18, United States Code, is amended--
(1) in subsection (c)(1)(A)--
(A) in clause (ii), by striking ``or'' at the end;
(B) in clause (iii), by striking ``and'' at the end
and inserting ``or''; and
(C) by adding at the end the following:
``(iv) an offense described in section 1028
(relating to fraud and related activity in connection
with means of identification or identification
documents); and''; and
(2) by adding at the end the following:
``(e) Fraud and Related Activity in Connection With Identification
Documents and Information.--Making restitution to a victim under this
section for an offense described in section 1028 (relating to fraud and
related activity in connection with means of identification or
identification documents) may include payment for any costs, including
attorney fees, incurred by the victim, including any costs incurred--
``(1) in clearing the credit history or credit rating of
the victim; or
``(2) in connection with any civil or administrative
proceeding to satisfy any debt, lien, or other obligation of
the victim arising as a result of the actions of the
defendant.''.
SEC. 4. AMENDMENT OF FEDERAL SENTENCING GUIDELINES FOR OFFENSES UNDER
SECTION 1028.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing Commission
shall review and amend the Federal sentencing guidelines and the policy
statements of the Commission, as appropriate, to provide an appropriate
penalty for each offense under section 1028 of title 18, United States
Code, as amended by this Act.
(b) Factors for Consideration.--In carrying out subsection (a), the
United States Sentencing Commission shall consider, with respect to
each offense described in subsection (a)--
(1) the extent to which the number of victims (as defined
in section 3663A(a) of title 18, United States Code) involved
in the offense, including harm to reputation, inconvenience,
and other difficulties resulting from the offense, is an
adequate measure for establishing penalties under the Federal
sentencing guidelines;
(2) the number of means of identification, identification
documents, or false identification documents (as those terms
are defined in section 1028(d) of title 18, United States Code,
as amended by this Act) involved in the offense, is an adequate
measure for establishing penalties under the Federal sentencing
guidelines;
(3) the extent to which the value of the loss to any
individual caused by the offense is an adequate measure for
establishing penalties under the Federal sentencing guidelines;
(4) the range of conduct covered by the offense;
(5) the extent to which sentencing enhancements within the
Federal sentencing guidelines and the court's authority to
sentence above the applicable guideline range are adequate to
ensure punishment at or near the maximum penalty for the most
egregious conduct covered by the offense;
(6) the extent to which Federal sentencing guidelines
sentences for the offense have been constrained by statutory
maximum penalties;
(7) the extent to which Federal sentencing guidelines for
the offense adequately achieve the purposes of sentencing set
forth in section 3553(a)(2) of title 18, United States Code;
and
(8) any other factor that the United States Sentencing
Commission considers to be appropriate.
SEC. 5. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR
VICTIMS OF IDENTITY THEFT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Federal Trade Commission shall establish procedures
to--
(1) log and acknowledge the receipt of complaints by
individuals who certify that they have a reasonable belief that
1 or more of their means of identification (as defined in
section 1028 of title 18, United States Code, as amended by
this Act) have been assumed, stolen, or otherwise unlawfully
acquired in violation of section 1028 of title 18, United
States Code, as amended by this Act;
(2) provide informational materials to individuals
described in paragraph (1); and
(3) refer complaints described in paragraph (1) to
appropriate entities, which may include referral to--
(A) the 3 major national consumer reporting
agencies; and
(B) appropriate law enforcement agencies for
potential law enforcement action.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 6. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE.
(a) Technical Correction Relating to Criminal Forfeiture
Procedures.--Section 982(b)(1) of title 18, United States Code, is
amended to read as follows: ``(1) The forfeiture of property under this
section, including any seizure and disposition of the property and any
related judicial or administrative proceeding, shall be governed by the
provisions of section 413 (other than subsection (d) of that section)
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853).''.
(b) Economic Espionage and Theft of Trade Secrets as Predicate
Offenses For Wire Interception.--Section 2516(1)(a) of title 18, United
States Code, is amended by inserting ``chapter 90 (relating to
protection of trade secrets),'' after ``to espionage),''.
Passed the Senate July 30, 1998.
Attest:
GARY SISCO,
Secretary. | Identity Theft and Assumption Deterrence Act of 1998 - Amends the Federal criminal code to make it unlawful for anyone to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or otherwise promote, carry on, or facilitate any unlawful activity that constitutes a violation of Federal law or a felony under State or local law. Defines such "means of identification" as any name or number that may be used to identify a specific individual.
Prescribes criminal penalties for first and subsequent offenses involving fraud and related activity in connection with identification documents (identity fraud), including for such offenses committed in connection with other specified crimes. Subjects to the same penalties any person who attempts or conspires to commit such an offense. Provides that the forfeiture of property under identity fraud provisions shall be governed by the criminal forfeiture provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970.
Provides for mandatory restitution for identity fraud victims which may include payment of any costs, including attorney's fees, incurred: (1) in clearing a credit history or rating; or (2) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation arising as a result of the defendant's actions.
Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide an appropriate penalty for such offenses, taking into account specified factors.
Directs the Federal Trade Commission to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals having reason to believe that one or more of their means of identification have been assumed, stolen, or otherwise unlawfully acquired; (2) provide informational materials to such individuals; and (3) refer such complaint to the appropriate entities, including national consumer reporting agencies and law enforcement agencies. Authorizes appropriations. | {"src": "billsum_train", "title": "Identity Theft and Assumption Deterrence Act of 1998"} | 2,940 | 399 | 0.529026 | 1.633322 | 0.765083 | 4.699438 | 7.713483 | 0.912921 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radio Spectrum Inventory Act of
2012''.
SEC. 2. SPECTRUM INVENTORY.
(a) Amendment to Communications Act.--Part I of title III of the
Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding
at the end the following:
``SEC. 343. SPECTRUM INVENTORY.
``(a) Radio Spectrum Inventory.--Not later than 1 year after the
date of enactment of the Radio Spectrum Inventory Act of 2012, and
biennially thereafter, the Commission, in consultation with the NTIA
and the Office of Science and Technology Policy, shall carry out the
following activities:
``(1) Report.--Prepare a report that includes an inventory
of each radio spectrum band, from 300 Megahertz to 6.5
Gigahertz, at a minimum, managed by each such agency. Except as
provided in subsection (b), the report shall include--
``(A) the licensee or Federal Government user
authorized in the band;
``(B) the total spectrum authorized for each
licensee or Federal Government user (in percentage
terms and in sum) in the band;
``(C) the approximate number of transmitters, end-
user terminals, or receivers, excluding unintended
radiators, that have been deployed or authorized, for
each licensee or Federal Government user, in the band;
and
``(D) if such information is available--
``(i) the type of transmitters, end-user
terminals, or receivers, excluding unintended
radiators, operating in the band and whether
they are space-, air-, or ground-based;
``(ii) the type of transmitters, end-user
terminals, or receivers, excluding unintended
radiators, authorized to operate in the band
and whether they are space-, air-, or ground-
based;
``(iii) contour maps or other information
that illustrate the coverage area, receiver
performance, and other parameters relevant to
an assessment of the availability of spectrum
in each band;
``(iv) the approximate geo-location of base
stations or fixed transmitters;
``(v) the approximate extent of use, by
geography, of each band of frequencies, such as
the amount and percentage of time of use,
number of end-users, or other measures as
appropriate to the particular band;
``(vi) the activities, capabilities,
functions, or missions supported by the
transmitters, end-user terminals, or receivers;
and
``(vii) the types of unlicensed devices
authorized to operate in the band.
``(2) Public access.--Create a centralized portal or
website utilizing data from the Commission and the NTIA to make
a centralized inventory of the bands of each agency available
to the public via an Internet-accessible and searchable
website.
``(3) Updates.--Make all reasonable efforts to maintain and
update the information required under paragraph (2) no less
frequently than quarterly to reflect, at a minimum, any
transfer or auction of licenses or change in allocation,
assignment, or authorization.
``(b) National Security; Classified Information.--
``(1) In general.--If the head of a Federal agency
determines that disclosure of information required by
subsection (a) would be harmful to the national security of the
United States, the agency shall--
``(A) notify the NTIA of its determination; and
``(B) provide to the NTIA--
``(i) the other publicly releasable
information required by subsection (a);
``(ii) to the maximum extent practicable, a
summary description of the information with
respect to which the determination was made;
and
``(iii) an annex containing the information
with respect to which the determination was
made.
``(2) Classified information.--If the head of a Federal
agency determines that any information required by subsection
(a) is classified in accordance with Executive Order 13526 of
December 29, 2009, or any successor Executive order
establishing or modifying the uniform system for classifying,
safeguarding, and declassifying national security information,
the agency shall--
``(A) notify the NTIA of its determination; and
``(B) provide to the NTIA--
``(i) the information required by
subsection (a)(1) that is not classified;
``(ii) to the maximum extent practicable, a
summary description of the information that is
classified; and
``(iii) an annex containing the information
that is classified.
``(3) Annex restriction.--The NTIA shall make an annex
described in paragraph (1)(B)(iii) or (2)(B)(iii) available to
the Commission. Neither the NTIA nor the Commission may make
any such annex available to the public pursuant to subsection
(a)(2) or to any unauthorized person through any other means.
``(c) Public Safety Nondisclosure.--
``(1) In general.--If a licensee of non-Federal spectrum
determines that public disclosure of certain information held
by that licensee and required to be included in the report
under subsection (a) would reveal information for which public
disclosure would be detrimental to public safety, or that the
licensee is otherwise prohibited by law from disclosing, the
licensee may petition the Commission for a partial or total
exemption from inclusion on the centralized portal or website
under subsection (a)(2) and in the reports required under
subsection (d).
``(2) Burden.--A licensee seeking an exemption under this
subsection bears the burden of justifying the exemption and
shall provide clear and convincing evidence to support the
requested exemption.
``(3) Information required.--If the Commission grants an
exemption under this subsection, the licensee shall provide to
the Commission--
``(A) the publicly releasable information required
by subsection (a)(1) for the inventory;
``(B) to the maximum extent practicable, a summary
description, suitable for public release, of the
information for which public disclosure would be
detrimental to public safety or that the licensee is
prohibited by law from disclosing; and
``(C) an annex, under appropriate cover, containing
the information that the Commission has determined
should be withheld from public disclosure.
``(d) Informing the Congress.--
``(1) In general.--Except as provided in paragraph (3), the
NTIA and the Commission shall submit each report required by
subsection (a)(1) to the appropriate Congressional committees.
``(2) Nondisclosure of annexes.--Each such report shall be
submitted in unclassified form, but may include one or more
annexes as provided for by subsections (b)(1)(B)(iii),
(b)(2)(B)(iii), and (c)(3)(C). No Congressional committee may
make any such annex available to the public or to any
unauthorized person.
``(3) Classified annexes.--If a report includes a
classified annex as provided for by subsection (b)(2)(B)(iii),
the NTIA and the Commission shall--
``(A) submit the classified annex only to the
appropriate Congressional committees with primary
oversight jurisdiction for the user agencies or
licensees concerned; and
``(B) provide notice of the submission to the other
appropriate Congressional committees.
``(e) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate Congressional committees' means the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Energy and Commerce of the House of
Representatives, and any other congressional committee with
primary oversight jurisdiction for the user agencies or
licensees concerned.
``(2) NTIA.--The term `NTIA' means the National
Telecommunications and Information Administration.''.
(b) Progress Report.--Not later than 180 days after the date of
enactment of this Act, the Commission and the National
Telecommunications and Information Administration shall provide an
update as to the status of the inventory and report required by section
343(a) of the Communications Act of 1934, as added by subsection (a) of
this Act, to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Energy and
Commerce. | Radio Spectrum Inventory Act of 2012 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), subject to specified national security, classified information, and public safety exceptions, and in consultation with the National Telecommunications and Information Administration (NTIA) and the Office of Science and Technology Policy, to: (1) biennially inventory each radio spectrum band from 300 megahertz to at least 6.5 gigahertz managed by each such agency, including information on the total spectrum authorized for each licensee or federal government user and the approximate number of deployed or authorized transmitters, end-user terminals, or receivers (excluding unintended radiators) in the band; and (2) make the information available to the public on a searchable Internet website. | {"src": "billsum_train", "title": "A bill to require a radio spectrum inventory of bands managed by the Federal Communications Commission and the National Telecommunications & Information Administration."} | 1,892 | 163 | 0.667725 | 1.967565 | 0.744299 | 3.510638 | 11.964539 | 0.943262 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pain Relief Promotion Act of 1999''.
TITLE I--USE OF CONTROLLED SUBSTANCES CONSISTENT WITH THE CONTROLLED
SUBSTANCES ACT
SEC. 101. REINFORCING EXISTING STANDARD FOR LEGITIMATE USE OF
CONTROLLED SUBSTANCES.
Section 303 of the Controlled Substances Act (21 U.S.C. 823) is
amended by adding at the end the following:
``(i)(1) For purposes of this Act and any regulations to implement
this Act, alleviating pain or discomfort in the usual course of
professional practice is a legitimate medical purpose for the
dispensing, distributing, or administering of a controlled substance
that is consistent with public health and safety, even if the use of
such a substance may increase the risk of death. Nothing in this
section authorizes intentionally dispensing, distributing, or
administering a controlled substance for the purpose of causing death
or assisting another person in causing death.
``(2) Notwithstanding any other provision of this Act, in
determining whether a registration is consistent with the public
interest under this Act, the Attorney General shall give no force and
effect to State law authorizing or permitting assisted suicide or
euthanasia.
``(3) Paragraph (2) applies only to conduct occurring after the
date of enactment of this subsection.''.
SEC. 102. EDUCATION AND TRAINING PROGRAMS.
Section 502(a) of the Controlled Substances Act (21 U.S.C. 872(a))
is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) educational and training programs for local, State,
and Federal personnel, incorporating recommendations by the
Secretary of Health and Human Services, on the necessary and
legitimate use of controlled substances in pain management and
palliative care, and means by which investigation and
enforcement actions by law enforcement personnel may
accommodate such use.''.
TITLE II--PROMOTING PALLIATIVE CARE
SEC. 201. ACTIVITIES OF AGENCY FOR HEALTH CARE POLICY AND RESEARCH.
Part A of title IX of the Public Health Service Act (42 U.S.C. 299
et seq.) is amended by adding at the end the following:
``SEC. 906. PROGRAM FOR PALLIATIVE CARE RESEARCH AND QUALITY.
``(a) In General.--The Administrator shall carry out a program to
accomplish the following:
``(1) Develop and advance scientific understanding of
palliative care.
``(2) Collect and disseminate protocols and evidence-based
practices regarding palliative care, with priority given to
pain management for terminally ill patients, and make such
information available to public and private health care
programs and providers, health professions schools, and
hospices, and to the general public.
``(b) Definition.--For purposes of this section, the term
`palliative care' means the active total care of patients whose
prognosis is limited due to progressive, far-advanced disease. The
purpose of such care is to alleviate pain and other distressing
symptoms and to enhance the quality of life, not to hasten or postpone
death.''.
SEC. 202. ACTIVITIES OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.
(a) In General.--Part D of title VII of the Public Health Service
Act (42 U.S.C. 294 et seq.), as amended by section 103 of Public Law
105-392 (112 Stat. 3541), is amended--
(1) by redesignating sections 754 through 757 as sections
755 through 758, respectively; and
(2) by inserting after section 753 the following section:
``SEC. 754. PROGRAM FOR EDUCATION AND TRAINING IN PALLIATIVE CARE.
``(a) In General.--The Secretary, in consultation with the
Administrator for Health Care Policy and Research, may make awards of
grants, cooperative agreements, and contracts to health professions
schools, hospices, and other public and private entities for the
development and implementation of programs to provide education and
training to health care professionals in palliative care.
``(b) Priorities.--In making awards under subsection (a), the
Secretary shall give priority to awards for the implementation of
programs under such subsection.
``(c) Certain Topics.--An award may be made under subsection (a)
only if the applicant for the award agrees that the program carried out
with the award will include information and education on--
``(1) means for alleviating pain and discomfort of
patients, especially terminally ill patients, including the
medically appropriate use of controlled substances;
``(2) applicable laws on controlled substances, including
laws permitting health care professionals to dispense or
administer controlled substances as needed to relieve pain even
in cases where such efforts may unintentionally increase the
risk of death; and
``(3) recent findings, developments, and improvements in
the provision of palliative care.
``(d) Program Sites.--Education and training under subsection (a)
may be provided at or through health professions schools, residency
training programs and other graduate programs in the health
professions, entities that provide continuing medical education,
hospices, and such other programs or sites as the Secretary determines
to be appropriate.
``(e) Evaluation of Programs.--The Secretary shall (directly or
through grants or contracts) provide for the evaluation of programs
implemented under subsection (a) in order to determine the effect of
such programs on knowledge and practice regarding palliative care.
``(f) Peer Review Groups.--In carrying out section 799(f) with
respect to this section, the Secretary shall ensure that the membership
of each peer review group involved includes one or more individuals
with expertise and experience in palliative care.
``(g) Definition.--For purposes of this section, the term
`palliative care' means the active total care of patients whose
prognosis is limited due to progressive, far-advanced disease. The
purpose of such care is to alleviate pain and other distressing
symptoms and to enhance the quality of life, not to hasten or postpone
death.''.
(b) Authorization of Appropriations; Allocation.--
(1) In general.--Section 758 of the Public Health Service
Act (as redesignated by subsection (a)(1) of this section) is
amended in subsection (b)(1)(C) by striking ``sections 753,
754, and 755'' and inserting ``section 753, 754, 755, and
756''.
(2) Amount.--With respect to section 758 of the Public
Health Service Act (as redesignated by subsection (a)(1) of
this section), the dollar amount specified in subsection
(b)(1)(C) of such section is deemed to be increased by
$5,000,000.
SEC. 203. EFFECTIVE DATE.
The amendments made by this title take effect October 1, 1999, or
on the date of the enactment of this Act, whichever occurs later. | Prohibits the Attorney General, in determining whether a controlled substance manufacturer, distributor, or dispenser registration is consistent with the public interest under the Act, from giving force and effect to State law permitting assisted suicide or euthanasia.
Authorizes certain educational and research programs carried out by the Attorney General under the Act to include educational and training programs for local, State, and Federal personnel on the necessary and legitimate use of controlled substances in pain management and palliative care and means by which investigation and enforcement actions by law enforcement personnel may accommodate such use.
Title II: Promoting Palliative Care
- Amends the Public Health Service Act to require the Administrator of the Agency for Health Care Policy and Research to carry out a program to: (1) develop and advance scientific understanding of palliative care; and (2) collect and disseminate protocols and evidence-based practices regarding such care, with priority given to pain management for terminally ill patients, and make such information publicly available. Defines "palliative care" as the active total care of patients whose prognosis is limited due to progressive, far-advanced disease.
Authorizes the Secretary of Health and Human Services to award grants, cooperative agreements, and contracts to health professions schools, hospices, and other entities for programs to provide education and training to health care professionals in palliative care. Sets forth requirements for grant applicants. Provides for the evaluation of such programs to determine their effect on knowledge and practice regarding palliative care. Makes funds available for such grants and contracts. | {"src": "billsum_train", "title": "Pain Relief Promotion Act of 1999"} | 1,671 | 339 | 0.58231 | 1.915267 | 0.880578 | 5.020478 | 4.83959 | 0.911263 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Inspector General for the
Troubled Asset Relief Program Act of 2008''.
SEC. 2. AUDIT AND INVESTIGATION AUTHORITIES.
Section 121 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended--
(1) in subsection (c), by adding at the end the following:
``(4)(A) Except as provided under subparagraph (B) and in
addition to the duties specified in paragraphs (1), (2), and
(3), the Special Inspector General shall have the authority to
conduct, supervise, and coordinate an audit or investigation of
any action taken under this title as the Special Inspector
General determines appropriate.
``(B) Subparagraph (A) shall not apply to any action taken
under section 115, 116, 117, or 125.''; and
(2) in subsection (d)(2), by striking ``subsection (c)(1)''
and inserting ``subsection (c)(1) and (4)''.
SEC. 3. PERSONNEL AUTHORITIES.
Section 121(e)(1) of the Emergency Economic Stabilization Act of
2008 (division A of Public Law 110-343) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following:
``(B)(i) Subject to clause (ii), the Special Inspector General may
exercise the authorities of subsections (b) through (i) of section 3161
of title 5, United States Code (without regard to subsection (a) of
that section).
``(ii) In exercising the employment authorities under subsection
(b) of section 3161 of title 5, United States Code, as provided under
clause (i) of this subparagraph--
``(I) the Special Inspector General may not make any
appointment on and after the date occurring 6 months after the
date of enactment of the Special Inspector General for the
Troubled Asset Relief Program Act of 2008;
``(II) paragraph (2) of that subsection (relating to
periods of appointments) shall not apply; and
``(III) no period of appointment may exceed the date on
which the Office of the Special Inspector General terminates
under subsection (j).''.
SEC. 4. RESPONSE TO AUDITS AND COOPERATION AND COORDINATION WITH OTHER
ENTITIES.
Section 121 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Corrective Responses to Audit Problems.--The Secretary
shall--
``(1) take action to address deficiencies identified by a report or
investigation of the Special Inspector General or other auditor engaged
by the TARP; or
``(2) certify to appropriate committees of Congress that no action
is necessary or appropriate.
``(g) Cooperation and Coordination With Other Entities.--In
carrying out the duties, responsibilities, and authorities of the
Special Inspector General under this section, the Special Inspector
General shall work with each of the following entities, with a view
toward avoiding duplication of effort and ensuring comprehensive
oversight of the Troubled Asset Relief Program through effective
cooperation and coordination:
``(1) The Inspector General of the Department of Treasury.
``(2) The Inspector General of the Federal Deposit
Insurance Corporation.
``(3) The Inspector General of the Securities and Exchange
Commission.
``(4) The Inspector General of the Federal Reserve Board.
``(5) The Inspector General of the Federal Housing Finance
Board.
``(6) The Inspector General of any other entity as
appropriate.''.
SEC. 5. REPORTING REQUIREMENTS.
Section 121(h) of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343), as redesignated by this Act, is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Not later than July 1, 2009, the Special Inspector General
shall submit a report to Congress analyzing the use of any funds
received by a financial institution under the TARP and make the report
available to the public, including posting the report on the home page
of the website of the Special Inspector General within 24 hours after
the submission of the report.''; and
(3) by adding at the end the following:
``(5) Except as provided under paragraph (3), all reports submitted
under this subsection shall be available to the public.''.
SEC. 6. FUNDING OF THE OFFICE OF THE SPECIAL INSPECTOR GENERAL.
Section 121(i)(1) of the Emergency Economic Stabilization Act of
2008 (division A of Public Law 110-343), as redesignated by this Act,
is amended by inserting before the period at the end the following: ``,
not later than 7 days after the date on which the nomination of the
Special Inspector General is first confirmed by the Senate''.
Passed the Senate December 10, 2008.
Attest:
NANCY ERICKSON,
Secretary. | Special Inspector General for the Troubled Asset Relief Program Act of 2008 - Amends the Emergency Economic Stabilization Act of 2008 to grant the Special Inspector General (SIG) authority to conduct, supervise, and coordinate an audit or investigation of any action taken with regard to the Troubled Asset Relief Program (TARP) that the SIG deems appropriate.
Prohibits any audit or investigation, however, of any action related to: (1) graduated authorization to purchase troubled assets; (2) oversight and audits by the Comptroller General; (3) the Comptroller General's study and report on margin authority; and (4) the Congressional Oversight Panel.
Authorizes the SIG to exercise specified employment authorities for additional personnel, but not after six months following enactment of this Act.
Prohibits any period of appointment from exceeding the date on which the Office of the SIG terminates.
Requires the Secretary of the Treasury to: (1) either take action to address deficiencies identified by a report or investigation of the SIG or other auditor engaged by the TARP; or (2) certify to congressional committees that no action is necessary or appropriate.
Instructs the SIG to work with Inspectors General of designated federal agencies to: (1) avoid duplication of effort; and (2) ensure comprehensive oversight of TARP.
Requires the SIG to: (1) report to Congress by July 1, 2009, on the use of any funds received by a financial institution under TARP; and (2) make such report available to the public, including on the home page of the SIG's website within 24 hours after its submission to Congress.
Requires funds for the office of the SIG to be made available not later than seven days after the SIG's nomination is first confirmed by the Senate. | {"src": "billsum_train", "title": "A bill to amend the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343) to provide the Special Inspector General with additional authorities and responsibilities, and for other purposes."} | 1,167 | 385 | 0.531825 | 1.792667 | 0.852472 | 3.055556 | 3.330409 | 0.850877 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Hearing Detection and
Intervention Act of 2007''.
SEC. 2. EARLY DETECTION, DIAGNOSIS, AND TREATMENT OF HEARING LOSS.
Section 399M of the Public Health Service Act (42 U.S.C. 280g-1) is
amended--
(1) in the section heading, by striking ``infants'' and
inserting ``newborns and infants'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``newborn and infant hearing screening,
evaluation and intervention programs and systems'' and
inserting ``newborn and infant hearing screening,
evaluation, diagnosis, and intervention programs and
systems, and to assist in the recruitment, retention,
education, and training of qualified personnel and
health care providers,''; and
(B) by amending paragraph (1) to read as follows:
``(1) To develop and monitor the efficacy of statewide
programs and systems for hearing screening of newborns and
infants; prompt evaluation and diagnosis of children referred
from screening programs; and appropriate educational,
audiological, and medical interventions for children identified
with hearing loss. Early intervention includes referral to and
delivery of information and services by schools and agencies,
including community, consumer, and parent-based agencies and
organizations and other programs mandated by part C of the
Individuals with Disabilities Education Act, which offer
programs specifically designed to meet the unique language and
communication needs of deaf and hard of hearing newborns and
infants. Programs and systems under this paragraph shall
establish and foster family-to-family support mechanisms that
are critical in the first months after a child is identified
with hearing loss.''; and
(C) by adding at the end the following:
``(3) To develop efficient models to ensure that newborns
and infants who are identified with a hearing loss through
screening are not lost to follow-up by a qualified health care
provider. These models shall be evaluated for their
effectiveness, and State agencies shall be encouraged to adopt
models that effectively reduce loss to follow-up.
``(4) To ensure an adequate supply of qualified personnel
to meet the screening, evaluation, and early intervention needs
of children.'';
(3) in subsection (b)--
(A) in paragraph (1)(A), by striking ``hearing loss
screening, evaluation, and intervention programs'' and
inserting ``hearing loss screening, evaluation,
diagnosis, and intervention programs'';
(B) in paragraph (2)--
(i) by striking ``for purposes of this
section, continue'' and insert the following:
``for purposes of this section--
``(A) continue'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(B) establish a postdoctoral fellowship program
to foster research and development in the area of early
hearing detection and intervention.'';
(4) in paragraphs (2) and (3) of subsection (c), by
striking the term ``newborn and infant hearing screening,
evaluation and intervention programs'' each place such term
appears and inserting ``newborn and infant hearing screening,
evaluation, diagnosis, and intervention programs''; and
(5) in subsection (e)--
(A) in paragraph (3), by striking ``ensuring that
families of the child'' and all that follows and
inserting ``ensuring that families of the child are
provided comprehensive, consumer-oriented information
about the full range of family support, training,
information services, and language and communication
options and are given the opportunity to consider and
obtain the full range of early intervention services,
educational and program placements, and other options
for their child from highly qualified providers.''; and
(B) in paragraph (6), by striking ``, after
rescreening,''; and
(6) in subsection (f)--
(A) in paragraph (1), by striking ``fiscal year
2002'' and inserting ``fiscal years 2008 through
2013'';
(B) in paragraph (2), by striking ``fiscal year
2002'' and inserting ``fiscal years 2008 through
2013''; and
(C) in paragraph (3), by striking ``fiscal year
2002'' and inserting ``fiscal years 2008 through
2013''. | Early Hearing Detection and Intervention Act of 2007 - Amends the Public Health Service Act to expand the newborns and infants hearing loss program to include diagnostic services among the services provided.
Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to assist in the recruitment, retention, education, and training of qualified personnel and health care providers.
Includes within the purposes of such program: (1) developing efficient models to ensure that newborns and infants who are identified with a hearing loss through screening are not lost to follow-up by a qualified health care provider; and (2) ensuring an adequate supply of qualified personnel to meet the screening, evaluation, and early intervention needs of children.
Requires the Director of the National Institutes of Health (NIH), acting through the Director of the National Institute on Deafness and Other Communication Disorders, to establish a postdoctoral fellowship program to foster research and development in the area of early hearing detection and intervention.
Amends the definition of "early intervention" to require that families be given the opportunity to obtain the full range of early intervention services, educational and program placements, and other options for their child from highly qualified providers. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act regarding early detection, diagnosis, and treatment of hearing loss."} | 963 | 265 | 0.689451 | 2.096882 | 0.855874 | 4.858333 | 3.9125 | 0.866667 |
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,
2000; 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 January 1, 1987,
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
January 1, 1987, an alien--
(A) shall demonstrate that the alien, prior to
January 1, 1987--
(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 January 1, 1987;
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 January 1,
1987, 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,
2000.
(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 January 1, 1987, 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) 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.
(f) 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.
(g) 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 - Requires the Attorney General to adjust to lawful permanent resident alien the status of any national of Bangladesh who has been physically present in the United States for a continuous period between January 1, 1987, and the date an application for adjustment is filed, if the alien: (1) applies for such adjustment before July 1, 2000; and (2) is otherwise admissible to the United States for permanent residence. States that, in the determination of such admissibility, certain grounds for inadmissibility in the Immigration and Nationality Act shall not apply. Allows an alien present in the United States to apply for such status adjustment even though he or she has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States. Requires the Attorney General to cancel the order if the application is granted; but if the application is denied by a final administrative decision, the order shall be effective and enforceable to the same extent as if the application had not been made.
Authorizes the Attorney General to: (1) allow an alien who has applied for adjustment of status to engage in employment in the United States during the pendency of such application; and (2) provide the alien with an "employment authorized" endorsement or other appropriate document. Requires the Attorney General to authorize such employment if such application is pending for a period exceeding 180 days, and has not been denied.
Provides for the adjustment of status for spouses and children of such aliens.
Outlines the availability of administrative review for applicants for adjustment of status as well as the preclusion of judicial review for final Attorney General determinations as to the adjustability of alien status. | {"src": "billsum_train", "title": "Bangladeshi Adjustment Act"} | 1,541 | 356 | 0.767677 | 2.457519 | 0.883966 | 4.374233 | 4.595092 | 0.90184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Star-Spangled Banner and War of 1812
Bicentennial Commission Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the War of 1812 served as a crucial test for the United
States Constitution and the newly established democratic
Government;
(2) vast regions of the new multi-party democracy,
including the Chesapeake Bay, the Gulf of Mexico and the
Niagara Frontier, were affected by the War of 1812;
(3) the British occupation of American territory along the
Great Lakes had a far-reaching effect on American society;
(4) at the Battle of Baltimore, Francis Scott Key wrote the
poem that celebrated the flag and later was titled ``the Star-
Spangled Banner'';
(5) the poem led to the establishment of the flag as an
American icon and became the words of the national anthem of
the United States in 1932; and
(6) it is in the national interest to provide for
appropriate commemorative activities to maximize public
understanding of the meaning of the War of 1812 in the history
of the United States.
(b) Purposes.--The purposes of this Act are to--
(1) establish the Star-Spangled Banner and War of 1812
Commemoration Commission;
(2) ensure a suitable national observance of the War of
1812 by complementing, cooperating with, and providing
assistance to the programs and activities of the various States
involved in the commemoration;
(3) encourage War of 1812 observances that provide an
excellent visitor experience and beneficial interaction between
visitors and the natural and cultural resources of the various
War of 1812 sites;
(4) facilitate international involvement in the War of 1812
observances;
(5) support and facilitate marketing efforts for a
commemorative coin, stamp, and related activities for the War
of 1812 observances; and
(6) promote the protection of War of 1812 resources and
assist in the appropriate development of heritage tourism and
economic benefits to the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the War of 1812.
(2) Commission.--The term ``Commission'' means the Star-
Spangled Banner and War of 1812 Bicentennial Commission
established in section 4(a).
(3) Qualified citizen.--The term ``qualified citizen''
means a citizen of the United States with an interest in,
support for, and expertise appropriate to the commemoration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) States.--The term ``States''--
(A) means the States of Alabama, Connecticut,
Delaware, Florida, Georgia, Illinois, Indiana, Iowa,
Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Michigan, Mississippi, Missouri, New Hampshire, New
Jersey, New York, North Carolina, Ohio, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Vermont,
Virginia, and Wisconsin; and
(B) includes agencies and entities of each State.
SEC. 4. STAR-SPANGLED BANNER AND WAR OF 1812 COMMEMORATION COMMISSION.
(a) In General.--There is established a commission to be known as
the ``Star-Spangled Banner and War of 1812 Bicentennial Commission''.
(b) Membership.--
(1) In general.--The Commission shall be composed of 42
members, of whom--
(A) 28 members shall be qualified citizens
appointed by the Secretary after consideration of
nominations submitted by the Governors of the States;
(B) 3 members shall be qualified citizens appointed
by the Secretary after consideration of nominations
submitted by the Mayors of the District of Columbia,
the City of Baltimore, and the City of New Orleans;
(C) 2 members shall be employees of the National
Park Service, of whom--
(i) 1 shall be the Director of the National
Park Service (or a designee); and
(ii) 1 shall be an employee of the National
Park Service having experience relevant to the
commemoration;
(D) 8 members shall be qualified citizens appointed
by the Secretary, of whom--
(i) 2 shall be recommended by the majority
leader of the Senate;
(ii) 2 shall be recommended by the minority
leader of the Senate;
(iii) 2 shall be recommended by the
majority leader of the House of
Representatives; and
(iv) 2 shall be recommended by the minority
leader of the House of Representatives; and
(E) 1 member shall be appointed by the Secretary
from among individuals with expertise in the history of
the War of 1812.
(2) Date of appointments.--The appointment of a member of
the Commission shall be made not later than 120 days after the
date of enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancies.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(d) Voting.--
(1) In general.--The Commission shall act only on an
affirmative vote of a majority of the members of the
Commission.
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum.
(e) Chairperson and Vice Chairperson.--
(1) Selection.--The Commission shall select a chairperson
and a vice chairperson from among the members of the
Commission.
(2) Absence of chairperson.--The vice chairperson shall act
as chairperson in the absence of the chairperson.
(f) Initial Meeting.--Not later than 60 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(g) Meetings.--Not less than twice a year, the Commission shall
meet at the call of the chairperson or a majority of the members of the
Commission.
SEC. 5. DUTIES.
(a) In General.--The Commission shall--
(1) plan, encourage, develop, execute, and coordinate
programs, observances, and activities commemorating the
historic events that preceded and are associated with the War
of 1812;
(2) facilitate the commemoration throughout the United
States and internationally;
(3) coordinate the activities of the Commission with State
commemoration commissions, the National Park Service, the
Department of Defense, and other appropriate Federal agencies;
(4) encourage civic, patriotic, historical, educational,
religious, economic, tourism, and other organizations
throughout the United States to organize and participate in the
commemoration to expand the understanding and appreciation of
the significance of the War of 1812;
(5) provide technical assistance to States, localities,
units of the National Park System and nonprofit organizations
to further the commemoration and commemorative events;
(6) coordinate and facilitate scholarly research on,
publication about, and interpretation of the people and events
associated with the War of 1812;
(7) design, develop, and provide for the maintenance of an
exhibit that will travel throughout the United States during
the commemoration period to interpret events of the War of 1812
for the educational benefit of the citizens of the United
States;
(8) ensure that War of 1812 commemorations provide a
lasting legacy and long-term public benefit leading to
protection of the natural and cultural resources associated
with the War of 1812; and
(9) examine and review essential facilities and
infrastructure at War of 1812 sites and enable necessary
improvements to enhance and maximize visitor experience at the
sites.
(b) Strategic Plan; Annual Performance Plans.--The Commission shall
prepare a strategic plan and annual performance plans for any activity
carried out by the Commission under this Act.
(c) Reports.--
(1) Annual report.--The Commission shall submit to Congress
an annual report that contains a list of each gift, bequest, or
devise to the Commission or a member of the Commission with a
value of more than $250, together with the identity of the
donor of each gift, bequest, or devise.
(2) Final report.--Not later than September 30, 2015, the
Commission shall submit to the Secretary and Congress a final
report that includes--
(A) a summary of the activities of the Commission;
(B) a final accounting of any funds received or
expended by the Commission; and
(C) the final disposition of any historically
significant items acquired by the Commission and other
properties not previously reported.
SEC. 6. POWERS.
(a) In General.--The Commission may--
(1) solicit, accept, use, and dispose of gifts or donations
of money, services, and real and personal property related to
the commemoration;
(2) appoint such advisory committees as the Commission
determines to be necessary to carry out this Act;
(3) authorize any member or employee of the Commission to
take any action the Commission is authorized to take under this
Act;
(4) use the United States mails in the same manner and
under the same conditions as other agencies of the Federal
Government; and
(5) make grants to communities, nonprofit, commemorative
commissions or organizations, and research and scholarly
organizations to develop programs and products to assist in
researching, publishing, marketing, and distributing
information relating to the commemoration.
(b) Legal Agreements.--
(1) In general.--In carrying out this Act, the Commission
may--
(A) procure supplies, services, and property; and
(B) make or enter into contracts, leases, or other
legal agreements.
(2) Length.--Any contract, lease, or other legal agreement
made or entered into by the Commission shall not extend beyond
the date of termination of the Commission
(c) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to be to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members of the Commission.--
(1) In general.--Except as provided in paragraph (2), a
member of the Commission shall serve without compensation.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(3) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(b) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable the
Commission to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(c) Detail of Government Employee.--
(1) Federal employees.--
(A) In general.--At the request of the Commission,
the head of any Federal agency may detail, on a
reimbursable or nonreimbursable basis, any of the
personnel of the agency to the Commission to assist the
Commission in carrying out the duties of the Commission
under this Act.
(B) Civil service status.--The detail of an
employee under subparagraph (A) shall be without
interruption or loss of civil service status or
privilege.
(2) State employees.--The Commission may--
(A) accept the services of personnel detailed from
States (including subdivisions of States); and
(B) reimburse States for services of detailed
personnel.
(3) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use such voluntary and uncompensated services as
the Commission determines necessary.
(4) Support services.--The Director of the National Park
Service shall provide to the Commission, on a reimbursable
basis, such administrative support services as the Commission
may request.
(d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
(e) Faca Nonapplicability.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(f) No Effect on Authority.--Nothing in this section supersedes the
authority of the States or the National Park Service concerning the
commemoration.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(1) In general.--There are authorized to be appropriated to
carry out this Act such sums as are necessary for each of
fiscal years 2006 through 2015.
(2) Availability of funds.--Amounts appropriated under this
section for any fiscal year shall remain available until
December 31, 2015.
SEC. 9. TERMINATION OF COMMISSION.
(a) In General.--The Commission shall terminate on December 31,
2015.
(b) Transfer of Materials.--Not later than the date of termination,
the Commission shall transfer any documents, materials, books,
manuscripts, miscellaneous printed matter, memorabilia, relics, and
exhibits, and any materials donated to the Commission, that relate to
the War of 1812, to Fort McHenry National Monument and Historic Shrine.
(c) Disposition of Funds.--Any funds held by the Commission on the
date of termination shall be deposited in the general fund of the
Treasury.
Passed the Senate December 16, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary. | Star-Spangled Banner and War of 1812 Bicentennial Commission Act - Establishes the Star-Spangled Banner and War of 1812 Bicentennial Commission to encourage, plan, develop, coordinate, and execute programs, observances, and activities commemorating the historic events that preceded and are associated with the War of 1812. Requires the Commission to prepare a strategic plan and annual performance plans for any activity carried out by the Commission under this Act. | {"src": "billsum_train", "title": "A bill to establish the Star-Spangled Banner and War of 1812 Bicentennial Commission, and for other purposes."} | 3,234 | 105 | 0.589862 | 1.442063 | 1.10071 | 7.375 | 37.6625 | 0.975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Industrial Regulatory Relief
Commission Act''.
SEC. 2. ESTABLISHMENT.
There is established an independent commission to be known as the
``Industrial Regulatory Relief Commission'' (hereinafter in this Act
referred to as the ``Commission'').
SEC. 3. PURPOSE OF COMMISSION.
(a) In General.--The purpose of the Commission is to develop and
submit, to the President and the Congress, recommendations for reducing
the regulatory burden to the manufacturing, housing, and biotechnology
industries nationwide.
(b) Requirements.--The recommendations of the Commission shall be
developed in a manner so as to promote investment in the industries
specified in subsection (a).
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 8
members appointed by the President, by and with the advice and
consent of the Senate.
(2) Nominations.--The President shall submit to the Senate
the President's nominations for appointment to the Commission
no later than 30 days after the date of the enactment of this
Act.
(b) Consultation.--In selecting individuals for nomination for
appointment to the Commission, the President shall consult with--
(1) the Speaker of the House of Representatives concerning
the appointment of 2 members;
(2) the majority leader of the Senate concerning the
appointment of 1 member;
(3) the minority leader of the House of Representatives
concerning the appointment of 1 member; and
(4) the minority leader of the Senate concerning the
appointment of 1 member.
(c) Chairman.--At the time the President nominates individuals for
appointment to the Commission, the President shall designate 1 such
individual to serve as Chairman of the Commission.
(d) Terms.--Each member shall be appointed for the life of the
Commission.
(e) Meetings.--
(1) Frequency.--The Commission shall meet at the call of
the Chairman or a majority of its members.
(2) Open meetings.--Each meeting of the Commission shall be
open to the public.
(f) Pay.--Each member shall be paid at the rate equal to the daily
equivalent of the rate payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day during
which the member is engaged in the actual performance of duties vested
in the Commission.
SEC. 5. STAFF.
The Commission may appoint and fix the pay of such personnel as it
considers appropriate, except that not more than one-third of the
personnel employed by or detailed to the Commission may be on detail
from a Federal agency.
SEC. 6. REPORTING REQUIREMENTS.
(a) Relating to the Commission.--The Commission shall transmit a
report to the President and the Congress not later than 90 days after
the Commission is appointed. Such report shall contain the
recommendations of the Commission (as described in section 3(a)),
including recommendations relating to any legislation or other measures
which the Commission considers necessary, with particular attention to
the methodology used by the Commission.
(b) Relating to the President.--The President shall transmit a
written report to the Congress, not later than 10 days after receiving
the report of the Commission, in which the President shall indicate--
(1) approval, in which case the Congress shall introduce
these recommendations as a joint resolution; or
(2) disapproval, in which case the President shall submit
changes to the Commission within 10 days.
The Commission shall have an additional 10 days to consider changes
submitted to the President and submit a final report to Congress.
SEC. 7. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.
(a) Terms of the Resolution.--For purposes of this Act, the term
``joint resolution'' means only a joint resolution which is introduced
within a 10-day period beginning on the date on which the President or
the Commission transmits the report to Congress and--
(1) which does not have a preamble;
(2) the matter after the resolving clause of which is as
follows: ``That Congress approves the recommendations of the
Industrial Regulatory Relief Commission as submitted by the
President on ________________'', the blank space being filled
by the appropriate date; and
(3) the title of which is as follows: ``Joint resolution
approving the recommendations of the Industrial Regulatory
Relief Commission.''.
(b) Referral.--A resolution described in subsection (a) that is
introduced in the House of Representatives shall be referred to the
Committee on ____________. A resolution described in subsection (a)
introduced in the Senate shall be referred to the Committee on
__________________________.
(c) Discharge.--If the committee to which a resolution described in
subsection (a) is referred has not reported such resolution (or an
identical resolution) by the end of the 20-day period beginning on the
date on which the President transmits a report to the Congress under
section 6(b), such committee shall be, at the end of such period,
discharged from further consideration of such resolution, and such
resolution shall be placed on the appropriate calendar of the House
involved.
(d) Consideration.--(1) On or after the third day after the date on
which the committee to which the resolution is referred has reported,
or has been discharged, it shall be in order for any Member of the
respective House to move to proceed to the consideration of the
resolution (but only on the day after the calendar day on which such
Member announces to the House concerned the Member's intention to do
so). 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 is not in order. If a motion to proceed to
the consideration of the resolution is agreed to, the respective House
shall immediately proceed to consideration of the joint resolution
without intervening motion, order, or other business, and the
resolution shall remain the unfinished business of the respective House
until disposed of.
(2) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than 2
hours, which shall be divided equally between those favoring and those
opposing the resolution. An amendment to the resolution is not in
order. A motion to further limit debate is in order and not debatable.
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.
(3) Immediately following conclusion of the debate on a resolution
described in subsection (a) and a single quorum call at the conclusion
of the debate is requested in accordance with the rules of the
appropriate House, the vote on final passage of the resolution shall
occur.
(4) 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.
(e) Consideration by the Other House.--(1) 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:
(A) The resolution of the other House shall not be referred
to a committee and may not be considered in the House receiving
it except in the case of final passage as provided in
subparagraph (B)(ii).
(B) With respect to a resolution described in subsection
(a) of the House receiving the resolution--
(i) the procedure in that House shall be the same
as if no resolution had been received from the other
House; but
(ii) the vote on final passage shall be on the
resolution of the other House.
(2) Upon disposition of the resolution received from the other
House, it shall no longer be in order to consider the resolution that
originated in the receiving House.
(f) Rules of the Senate and 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 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. 8. TERMINATION.
The Commission shall terminate as of the date on which it transmits
its final report under section 6(b)(2). | Industrial Regulatory Relief Commission Act - Establishes the Industrial Regulatory Relief Commission to develop and submit to the President and the Congress recommendations for reducing the regulatory burden to the manufacturing, housing, and biotechnology industries nationwide so as to promote investment in those industries.
Requires: (1) the Commission to report its recommendations to the President within 90 days; (2) the President to report his approval or disapproval of the recommendations to the Congress within ten days; (3) the Congress to introduce approved recommendations as a joint resolution; and (4) the Commission to have an additional ten days to consider changes submitted by the President to disapproved recommendations and to submit a final report to the Congress. Sets forth procedures for congressional consideration of a joint resolution approving the recommendations submitted by the President. | {"src": "billsum_train", "title": "Industrial Regulatory Relief Commission Act"} | 2,037 | 165 | 0.580382 | 1.566592 | 0.863866 | 3.294118 | 12.947712 | 0.928105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect America Act of 2017''.
SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE,
DELIVERY, OR TRANSFER OF FIREARMS TO KNOWN OR SUSPECTED
TERRORISTS; REQUIRING INFORMATION-SHARING REGARDING
ATTEMPTED FIREARMS PURCHASES BY KNOWN OR SUSPECTED
TERRORISTS; AUTHORIZING THE INVESTIGATION OF KNOWN OR
SUSPECTED TERRORISTS WHO ATTEMPT TO PURCHASE FIREARMS.
(a) Short Title.--This section may be cited as the ``Preventing
Terrorists From Obtaining Firearms Act of 2017''.
(b) Amendment.--Section 922(t) of title 18, United States Code, is
amended by adding at the end the following:
``(7)(A) If the Attorney General is notified of a request to
transfer a firearm to a person who is being investigated, or has been
investigated during the preceding 5 years, as a known or suspected
terrorist, the Attorney General shall--
``(i) as appropriate, take further steps to confirm the
identity of the prospective transferee and confirm or rule out
the suspected nexus to terrorism of the prospective transferee;
``(ii) as appropriate, notify relevant Federal, State, or
local law enforcement agencies or intelligence agencies
concerning the identity of the prospective transferee; and
``(iii) determine whether the prospective transferee is
already the subject of an ongoing terrorism investigation and,
as appropriate, initiate such an investigation.
``(B) Upon being notified of a prospective transfer under
subparagraph (A), the Attorney General or the United States attorney
for the district in which the licensee is located may--
``(i) delay the transfer of the firearm for a period not to
exceed 72 hours; and
``(ii) file an emergency petition in the United States
district court for the district involved to prohibit the
transfer of the firearm.
``(C)(i) An emergency petition filed under subparagraph (B) shall
be granted upon a showing of probable cause to believe that the
prospective transferee has committed or is furthering a plan to commit
an act of terrorism.
``(ii) An emergency petition filed under subparagraph (B) to
prohibit the transfer of a firearm may be granted only after a
hearing--
``(I) of which the prospective transferee receives actual
notice; and
``(II) at which the prospective transferee has an
opportunity to participate with counsel.
``(D) For purposes of this paragraph--
``(i) the term `known or suspected terrorist' means a
person determined by the Attorney General to be known (or
appropriately suspected) to be or have been engaged in conduct
constituting, in preparation for, in aid of, or related to
terrorism, or providing material support or resources for
terrorism;
``(ii) the term `material support or resources' has the
meaning given the term in section 2339A; and
``(iii) the term `terrorism' includes international
terrorism and domestic terrorism, as defined in section 2331.
``(E) For purposes of this paragraph, a person shall not be
considered to have been investigated as a known or suspected terrorist
solely by reason of being identified in the terrorist screening
database (as such term is defined in section 2101(10) of the Homeland
Security Act of 2002 (6 U.S.C. 621(10)), if the name of the person was
thereafter removed from the database because the person was erroneously
included.''.
SEC. 3. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE,
DELIVERY, OR TRANSFER OF EXPLOSIVES TO KNOWN OR SUSPECTED
TERRORISTS; REQUIRING INFORMATION-SHARING REGARDING
ATTEMPTED EXPLOSIVES PURCHASES BY KNOWN OR SUSPECTED
TERRORISTS; AUTHORIZING THE INVESTIGATION OF KNOWN OR
SUSPECTED TERRORISTS WHO ATTEMPT TO PURCHASE EXPLOSIVES.
(a) Short Title.--This section may be cited as the ``Preventing
Terrorists From Obtaining Explosives Act of 2017''.
(b) Amendment.--Section 843 of title 18, United States Code, is
amended by adding at the end the following:
``(j)(1) If the Attorney General receives an application for a user
permit, limited permit, or license to import, manufacture, or deal in
explosive materials from a person who is being investigated, or has
been investigated during the preceding 5 years, as a known or suspected
terrorist, or receives information under subsection (h) about a
responsible person or employee who is being investigated, or has been
investigated during the preceding 5 years, as a known or suspected
terrorist, the Attorney General shall--
``(A) as appropriate, take further steps to confirm the
identity of the applicant, responsible person, or employee and
confirm or rule out the suspected nexus to terrorism of the
applicant, responsible person, or employee;
``(B) as appropriate, notify relevant Federal, State, or
local law enforcement agencies or intelligence agencies
concerning the identity of the applicant, responsible person,
or employee; and
``(C) determine whether the applicant, responsible person,
or employee is the subject of an ongoing terrorism
investigation and, as appropriate, initiate such an
investigation.
``(2) Upon receipt of an application or information described in
paragraph (1), the Attorney General or the United States attorney for
the district in which the applicant, responsible person, or employee is
located may--
``(A) for a period not to exceed 90 days, delay the
approval of the application or the determination to issue a
letter of clearance under subsection (h), as the case may be;
and
``(B) file an emergency petition in the United States
district court for the district involved to prohibit the
approval of the application or the issuance of a letter of
clearance under subsection (h), as the case may be.
``(3)(A) An emergency petition filed under paragraph (2) shall be
granted upon a showing of probable cause to believe that the applicant,
responsible person, or employee has committed or is furthering a plan
to commit an act of terrorism.
``(B) An emergency petition filed under paragraph (2) may be
granted only after a hearing--
``(i) of which the applicant, responsible person, or
employee receives actual notice; and
``(ii) at which the applicant, responsible person, or
employee has an opportunity to participate with counsel.
``(4) For purposes of this subsection--
``(A) the term `known or suspected terrorist' means a
person determined by the Attorney General to be known (or
appropriately suspected) to be or have been engaged in conduct
constituting, in preparation for, in aid of, or related to
terrorism, or providing material support or resources for
terrorism;
``(B) the term `material support or resources' has the
meaning given the term in section 2339A; and
``(C) the term `terrorism' includes international terrorism
and domestic terrorism, as defined in section 2331.
``(5) For purposes of this subsection, a person shall not be
considered to have been investigated as a known or suspected terrorist
solely by reason of being identified in the terrorist screening
database (as such term is defined in section 2101(10) of the Homeland
Security Act of 2002 (6 U.S.C. 621(10)), if the name of the person was
thereafter removed from the database because the person was erroneously
included.''.
SEC. 4. SUNSET.
The amendments made by sections 2 and 3 shall cease to have effect
after the 3-year period that begins with the date of the enactment of
this Act.
SEC. 5. REPORTS TO CONGRESS.
Not earlier than 18 months after the date of the enactment of this
Act and not later than 3 years after such date of enactment, the
Attorney General shall submit to the Congress a written report on the
petitions filed and court orders granted under sections 2 and 3,
including--
(1) the number of petitions so filed;
(2) the number of orders so granted;
(3) the number of petitions that were denied;
(4) the disposition of any arrest made after such an order
was granted, including any charges brought and the outcome of
those charges;
(5) with respect to each of the matters described in
paragraphs (1) through (4), whether the subject of the petition
or order was a United States citizen or foreign national and
whether the allegations involved domestic terrorism or
international terrorism;
(6) for any such order issued against a foreign national,
whether a deportation proceeding was initiated against the
individual and, if so, the outcome of the deportation
proceeding; and
(7) whether multiple petitions were filed against any
individual.
SEC. 6. CORRECTION OF THE TERRORIST WATCH LIST AND ``NO-FLY LIST''.
Within 90 days after the date of the enactment of this Act, the
Attorney General shall--
(1) review the terrorist watch list and the no-fly list
referred to in section 44903(j) of title 49, United States
Code, and any other list used by the Transportation Security
Administration for purposes of identifying individuals who are
prohibited from boarding aircraft because they pose a threat of
terrorism, and remove from any such list the name of any person
erroneously placed on the list or otherwise is not a known or
suspected terrorist; and
(2) submit to the Congress a written report that describes
the steps taken to comply with paragraph (1). | Protect America Act of 2017 Preventing Terrorists From Obtaining Firearms Act of 2017 This bill amends the federal criminal code to authorize the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) or a U.S. Attorney's Office to delay for up to 72 hours and file an emergency petition to prohibit a firearm transfer to a person who is being investigated, or who during the past five years has been investigated, as a known or suspected terrorist. Preventing Terrorists From Obtaining Explosives Act of 2017 Additionally, the bill authorizes the ATF or a U.S. Attorney's Office to delay for up to 90 days and file an emergency petition to prohibit the approval of an application for an explosives permit or license from a person who is being investigated, or who during the past five years has been investigated, as a known or suspected terrorist. The bill requires the Department of Justice to review the terrorist watch and no-fly lists and remove the name of any person whose name was erroneously placed on such lists. | {"src": "billsum_train", "title": "Protect America Act of 2017"} | 2,211 | 241 | 0.566979 | 1.522861 | 0.774214 | 3.026316 | 10.384211 | 0.836842 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``International
Nuclear Fuel for Peace and Nonproliferation Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--INTERNATIONAL REGIME FOR THE ASSURED SUPPLY OF NUCLEAR FUEL
FOR PEACEFUL MEANS
Sec. 101. Findings.
Sec. 102. Sense of Congress.
Sec. 103. Statements of policy.
Sec. 104. Report.
TITLE II--INTERNATIONAL NUCLEAR FUEL BANK
Sec. 201. Voluntary contributions to the International Atomic Energy
Agency.
Sec. 202. Authorization of appropriations.
TITLE I--INTERNATIONAL REGIME FOR THE ASSURED SUPPLY OF NUCLEAR FUEL
FOR PEACEFUL MEANS
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) Since the United States Baruch Plan of 1946, the United
States has believed that an increase in the number of countries
that possess nuclear weapons and the means to create such
weapons makes the world less secure and stable by increasing
the chances that nuclear weapons would be used. A world in
which nuclear weapons are used again is less secure for all
concerned, and could well trigger a global arms race, as more
countries will be tempted to arm themselves with nuclear
weapons to prevent attacks by countries that possess nuclear
weapons.
(2) It is therefore in the general security interest of all
countries, and in the vital national security interest of the
United States, that the number of countries that possess a
nuclear weapons capability necessarily be kept to a minimum and
ultimately reduced.
(3) Uranium enrichment and spent-fuel reprocessing
facilities produce nuclear material that can either be used for
peaceful purposes in electricity-generating reactors, or can be
used to produce uranium and plutonium for nuclear weapons. As
such, these facilities are inherently a proliferation risk,
allowing their possessor to be just months away from the
production of a nuclear explosive device.
(4) It is also therefore in the general security interest
of all countries that the number of countries that operate
uranium enrichment and spent-fuel reprocessing facilities also
be kept to a minimum, consistent with the global demand for
nuclear power reactor fuel.
(5) The financing and construction of additional uranium
enrichment and spent-fuel reprocessing facilities in additional
states around the world is indefensible on economic grounds
alone, given current and future supplies of uranium and
existing providers of uranium enrichment and spent-fuel
reprocessing services to the world market.
(6) The desire to construct uranium enrichment and spent-
fuel reprocessing facilities by additional countries,
therefore, is often based upon considerations other than
economic calculations. The possession of such facilities is
often elevated to a matter of national pride--a demonstration
to the world that the country that possesses this technology
has arrived at a level of technological development comparable
to that of the United States and other countries with advanced
civil nuclear power programs.
(7) Furthermore, the acquisition of uranium enrichment and
spent-fuel reprocessing facilities can be perceived as a
demonstration of the developing world's independence from
technological domination by the more developed states. Article
IV of the Treaty on the Nonproliferation of Nuclear Weapons (21
UST 483; commonly referred to as the ``Nuclear Non-
Proliferation Treaty'' or the ``NPT'') recognizes that State
Parties have an ``inalienable right . . . to develop research,
production and use of nuclear energy for peaceful purposes
without discrimination.''. However, this is a qualified right
conditioned by a State Party acting in conformity with the
NPT's obligation for such countries not to acquire, possess, or
develop nuclear weapons or nuclear explosive devices.
(8) It has been long recognized that the proliferation of
national uranium enrichment and spent-fuel reprocessing
facilities would increase the likelihood of the emergence of
new nuclear weapon states. Concerned governments,
nongovernmental organizations, and individual experts have for
decades recognized the need to address this problem through
multilateral assurances of the uninterrupted supply of nuclear
fuel, the sharing of peaceful application of nuclear energy, an
international fuel bank to provide fuel if the fuel supply to a
country is disrupted, and even multilateral participation in
international uranium enrichment and spent-fuel reprocessing
facilities, as a means of reducing incentives of countries to
develop and construct such facilities themselves.
(9) Until recently, such efforts have produced little more
than reports. However, the revelations of a nuclear black-
market in uranium enrichment technology and equipment, combined
with the attempt by North Korea and Iran to possess such
technology and equipment to provide the basis for nuclear
weapons programs, have rekindled this debate with a new
urgency.
(10) Iran has used the specter of a potentially unreliable
international supply of nuclear reactor fuel as a pretext for
developing its own uranium enrichment and spent-fuel
reprocessing capability, which would enable Iran to also
produce weapons-grade uranium and plutonium for nuclear
weapons.
(11) Several initiatives have been proposed over the last
year to address these concerns. The United States has proposed
the Global Nuclear Energy Partnership (GNEP), which envisions a
consortium of countries with advanced nuclear capabilities
providing nuclear fuel services--fresh fuel and recovery of
used fuel--to other countries that agree to employ nuclear
energy only for power generation purposes, without possessing
national uranium enrichment and spent-fuel reprocessing
facilities.
(12) The United States also joined France, the Russian
Federation, Germany, the United Kingdom, and the Netherlands on
May 31, 2006, in proposing a ``Concept for a Multilateral
Mechanism for Reliable Access to Nuclear Fuel'' that would
facilitate or create new arrangements between suppliers and
recipients to provide fuel to countries with good
nonproliferation credentials in case of market failure.
(13) Any assurance of the supply of nuclear fuel should
meet the condition outlined by President George W. Bush on
February 11, 2004, that ``The world's leading nuclear exporters
should ensure that states have reliable access at reasonable
cost to fuel for civilian reactors, so long as those states
renounce enrichment and reprocessing.''.
(14) The Russian Federation has proposed that one of its
uranium enrichment facilities be placed under international
management and oversight, as part of a ``Global Nuclear Power
Infrastructure'' proposal to create international nuclear fuel
cycle centers.
(15) In conclusion, the creation of a multi-tiered system
to assure the supply of nuclear reactor fuel at current market
prices, under appropriate safeguards and conditions, could
reassure countries that are dependent upon or will construct
nuclear power reactors that they will have an assured supply of
nuclear fuel at current market prices, so long as such
countries forgo national uranium enrichment and spent-fuel
reprocessing facilities and are committed to the
nonproliferation of nuclear weapons.
SEC. 102. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the ``Concept for a Multilateral Mechanism for Reliable
Access to Nuclear Fuel'', proposed by the United States,
France, the Russian Federation, Germany, the United Kingdom,
and the Netherlands on May 31, 2006, is welcomed and should be
expanded upon at the earliest possible opportunity;
(2) the proposal by the Government of the Russian
Federation to bring one of its uranium enrichment facilities
under international management and oversight is also a welcome
development and should be encouraged by the United States;
(3) the offer by the Nuclear Threat Institute (NTI) of
$50,000,000 in funds to support the creation of an
international nuclear fuel bank by the International Atomic
Energy Agency (IAEA) is also welcomed, and the United States
and other member states of the IAEA should pledge collectively
at least an additional $100,000,000 in matching funds to
fulfill the NTI proposal; and
(4) the governments, organizations, and experts currently
engaged in developing the initiatives described in paragraphs
(1) through (3) and other initiatives should seek to identify
additional incentives to be included in an international regime
for the assured supply of nuclear fuel for peaceful means at
current market prices, including participation in non-weapons-
relevant technology development and fuel leasing to further
persuade countries that participation in such a multilateral
arrangement far outweighs the temptation and expense of
developing national uranium enrichment and plutonium
reprocessing facilities.
SEC. 103. STATEMENTS OF POLICY.
(a) General Statement of Policy.--It is the policy of the United
States to support the establishment of an international regime for the
assured supply of nuclear fuel for peaceful means under multilateral
authority, such as the International Atomic Energy Agency.
(b) Additional Statement of Policy.--It is further the policy of
the United States to--
(1) oppose the development of a capability to produce
nuclear weapons by any non-nuclear weapon state, within or
outside of the NPT;
(2) encourage states party to the NPT to interpret the
right to ``develop research, production and use of nuclear
energy for peaceful purposes,'' as described in Article IV of
the NPT, as being a qualified right that is conditioned by the
overall purpose of the NPT to prevent the spread of nuclear
weapons and nuclear weapons capability, including by refraining
from all nuclear cooperation with any state party that has not
demonstrated that it is in full compliance with its NPT
obligations, as determined by the International Atomic Energy
Agency; and
(3) strengthen the Nuclear Suppliers Group guidelines
concerning consultation by members regarding violations of
supplier and recipient understandings by instituting the
practice of a timely and coordinated response by Nuclear
Suppliers Group members to all such violations, including
termination of nuclear transfers to an involved recipient, that
discourage individual Nuclear Suppliers Group members from
continuing cooperation with such recipient until such time as a
consensus regarding a coordinated response has been achieved.
SEC. 104. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the President shall transmit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign Relations
of the Senate a report on the activities of the United States to
support the establishment of an international regime for the assured
supply of nuclear fuel for peaceful means at current market prices
under multilateral authority, such as the International Atomic Energy
Agency. The report shall include an assessment of the feasibility of
establishing an international fuel services center within the United
States.
TITLE II--INTERNATIONAL NUCLEAR FUEL BANK
SEC. 201. VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL ATOMIC ENERGY
AGENCY.
(a) Voluntary Contributions Authorized.--The President is
authorized to make voluntary contributions on a grant basis to the
International Atomic Energy Agency (hereinafter in this section
referred to as the ``IAEA'') for the purpose of supporting the
establishment of an international nuclear fuel bank to maintain a
reserve of low-enriched uranium for reactor fuel to provide to eligible
countries in the case of a disruption in the supply of reactor fuel by
normal market mechanisms.
(b) Requirements.--Voluntary contributions under subsection (a) may
be provided only if the President certifies to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate that--
(1) the IAEA has received pledges in a total amount of not
less than $100,000,000 and is in receipt of not less than
$75,000,000 of such pledges for the purpose of supporting the
establishment of the international nuclear fuel bank referred
to in subsection (a);
(2) the international nuclear fuel bank referred to in
subsection (a) will be established within the territory of a
non-nuclear weapon state, and will be under the oversight of
the IAEA, only if--
(A) the non-nuclear weapon state, among other
things--
(i) has a full scope safeguards agreement
with the IAEA and an additional protocol for
safeguards in force;
(ii) has never been determined by the IAEA
Board of Governors to be in noncompliance with
its IAEA full scope safeguards agreement and
its additional protocol for safeguards; and
(iii) has effective enforceable export
controls regarding nuclear and dual-use nuclear
technology and other sensitive materials
comparable to those maintained by the United
States; and
(B) the Secretary of State has never determined,
for purposes of section 6(j) of the Export
Administration Act of 1979, section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export
Control Act, or any other provision of law, that the
government of the non-nuclear weapon state has
repeatedly provided support for acts of international
terrorism;
(3) the international nuclear fuel bank referred to in
subsection (a) will provide nuclear reactor fuel to a country
only if, at the time of the request for nuclear reactor fuel--
(A) the country is in full compliance with its IAEA
safeguards agreement and has an additional protocol for
safeguards in force;
(B) in the case of a country that at any time prior
to the request for nuclear reactor fuel has been
determined to be in noncompliance with its IAEA
safeguards agreement, the IAEA Board of Governors
determines that the country has taken all necessary
actions to satisfy any concerns of the IAEA Director
General regarding the activities that led to the prior
determination of noncompliance;
(C) the country agrees to use the nuclear reactor
fuel in accordance with its IAEA safeguards agreement;
(D) the country has effective and enforceable
export controls regarding nuclear and dual-use nuclear
technology and other sensitive materials comparable to
those maintained by the United States;
(E) the country does not possess uranium enrichment
or spent-fuel reprocessing facilities of any scale; and
(F) the government of the country is not a state
sponsor of terrorism for purposes of section 6(j) of
the Export Administration Act of 1979, section 620A of
the Foreign Assistance Act of 1961, section 40 of the
Arms Export Control Act, or any other provision of law;
(4) the international nuclear fuel bank referred to in
subsection (a) will not contain uranium enrichment or spent-
fuel reprocessing facilities; and
(5) the nuclear reactor fuel referred to in paragraph (3)
will be provided to a country referred to in such paragraph
only at current market prices.
(c) Waiver.--The President may waive the requirement of
subparagraph (F) of subsection (b)(3) if the President--
(1) determines that it is important to the national
security interests of the United States to do so; and
(2) transmits to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate a report that contains the basis of the
determination under paragraph (1).
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize voluntary contributions under subsection (a) to
support subsidization of the price of nuclear reactor fuel whose supply
would be assured by the United States, the IAEA, or any other state or
international entity covered by this section.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out section 201, there is authorized to
be appropriated to the President $50,000,000 for fiscal year 2008.
(b) Availability of Appropriations.--Amounts appropriated pursuant
to the authorization of appropriations under subsection (a) are
authorized to remain available until September 30, 2010.
Passed the House of Representatives June 18, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | International Nuclear Fuel for Peace and Nonproliferation Act of 2007 - Title I: International Regime for the Assured Supply of Nuclear Fuel for Peaceful Means - (Sec. 103) States that it is U.S. policy to: (1) support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means under multilateral authority, such as the International Atomic Energy Agency (IAEA); (2) oppose the development of a capability to produce nuclear weapons by any non-nuclear weapon state; (3) encourage Nuclear Non-Proliferation Treaty (NPT) states to interpret the right to "develop research, production and use of nuclear energy for peaceful purposes" as a qualified right conditioned by the overall purpose of the NPT to prevent the spread of nuclear weapons and nuclear weapons capability; and (4) strengthen the Nuclear Suppliers Group guidelines concerning consultation by members regarding violations of supplier and recipient understandings by instituting the practice of a timely and coordinated response to such violations, including termination of nuclear transfers to an involved recipient.
(Sec. 104) Directs the President to report to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations on U.S. activities to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means at current market prices under multilateral authority, including an assessment of the feasibility of establishing an international fuel services center within the United States.
Title II: International Fuel Bank - (Sec. 201) Authorizes the President to make voluntary grant basis contributions to the IAEA for an international nuclear fuel bank to maintain a low-enriched uranium reserve of reactor fuel for eligible countries.
Requires the President, prior to making such contributions, to certify to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations that: (1) the IAEA has received specified monetary pledges for the international nuclear fuel bank; (2) the bank will be established in a nonnuclear weapon state under IAEA oversight; (3) the bank will provide nuclear reactor fuel only to a country that is in full compliance with IAEA and other safeguards, agrees to use the nuclear reactor fuel in accordance with IAEA safeguards, does not operate uranium enrichment or spent-fuel reprocessing facilities, and is not a state sponsor of terrorism (which may be waived by the President for national security reasons); (4) the bank will not contain uranium enrichment or spent-fuel reprocessing facilities; and (5) the nuclear reactor fuel will be provided at current market prices.
Authorizes FY2008 appropriations, which shall remain available until September 30, 2010. | {"src": "billsum_train", "title": "To support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means and to authorize voluntary contributions to the International Atomic Energy Agency to support the establishment of an international nuclear fuel bank."} | 3,494 | 577 | 0.635893 | 2.14165 | 0.670701 | 4.698795 | 6.411647 | 0.967871 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Home Protection
Act''.
SEC. 2. MORTGAGE PROTECTION FOR MEMBERS OF THE ARMED FORCES, SURVIVING
SPOUSES, AND CERTAIN VETERANS.
(a) Members of the Armed Forces, Surviving Spouses, and Certain
Disabled Veterans.--
(1) In general.--Title III of the Servicemembers Civil
Relief Act (50 U.S.C. App. 501 et seq.) is amended by inserting
after section 303 the following new section:
``SEC. 303A. MORTGAGES AND TRUST DEEDS OF CERTAIN SERVICEMEMBERS,
SURVIVING SPOUSES, AND DISABLED VETERANS.
``(a) Mortgage as Security.--This section applies only to an
obligation on real or personal property owned by a covered individual
that--
``(1) originated at any time and for which the covered
individual is still obligated; and
``(2) is secured by a mortgage, trust deed, or other
security in the nature of a mortgage.
``(b) Stay of Proceedings.--
``(1) In general.--In accordance with subsection (d)(1), in
a judicial action pending or in a nonjudicial action commenced
during a covered time period to enforce an obligation described
in subsection (a), a court--
``(A) may, after a hearing and on its own motion,
stay the proceedings until the end of the covered time
period; and
``(B) shall, upon application by a covered
individual, stay the proceedings until the end of the
covered time period.
``(2) Obligation to stop proceedings.--Upon receipt of
notice provided under subsection (d)(1), a mortgagee, trustee,
or other creditor seeking to foreclose on real property secured
by an obligation covered by this section using any judicial or
nonjudicial proceedings shall immediately stop any such
proceeding until the end of the covered time period.
``(c) Sale or Foreclosure.--A sale, judicial or nonjudicial
foreclosure, or seizure of property for a breach of an obligation
described in subsection (a) that is not stayed under subsection (b)
shall not be valid during a covered time period except--
``(1) upon a court order granted before such sale, judicial
or nonjudicial foreclosure, or seizure with a return made and
approved by the court; or
``(2) if made pursuant to an agreement as provided in
section 107.
``(d) Notice Required.--
``(1) In general.--To be covered under this section, a
covered individual shall provide to the mortgagee, trustee, or
other creditor written notice that such individual is so
covered.
``(2) Manner.--Written notice under paragraph (1) may be
provided electronically.
``(3) Time.--Notice provided under paragraph (1) shall be
provided during the covered time period.
``(4) Contents.--With respect to a servicemember described
in subsection (g)(1)(A), notice shall include--
``(A) a copy of the servicemember's official
military orders, or any notification, certification, or
verification from a servicemember's commanding officer
that provides evidence of servicemember's eligibility
for special pay as described in subsection (g)(1)(A);
or
``(B) an official notice using a form designed
under paragraph (5).
``(5) Official forms.--
``(A) In general.--The Secretary of Defense shall
design and distribute an official Department of Defense
form that can be used by an individual to give notice
under paragraph (1).
``(B) Use of official form not required.--Failure
by any individual to use a form designed or distributed
under subparagraph (A) to provide notice shall not make
such provision of notice invalid.
``(e) Aggregate Duration.--The aggregate duration for which a
covered individual (except a servicemember described in subsection
(g)(1)(A)) may be covered under this section is one year.
``(f) Misdemeanor.--A person who knowingly makes or causes to be
made a sale, foreclosure, or seizure of property that is prohibited by
subsection (c), or who knowingly attempts to do so, shall be fined as
provided in title 18, United States Code, or imprisoned for not more
than one year, or both.
``(g) Definitions.--In this section:
``(1) Covered individual.--The term `covered individual'
means the following individuals:
``(A) A servicemember who is or was eligible for
hostile fire or imminent danger special pay under
section 310 of title 37, United States Code, during a
period of military service.
``(B) A servicemember placed on convalescent
status, including a servicemember transferred to the
temporary disability retired list under section 1202 or
1205 of title 10, United States Code.
``(C) A veteran who was medically discharged and
retired under chapter 61 of title 10, United States
Code, except for a veteran described in section 1207 of
such title.
``(D) A surviving spouse (as defined in section
101(3) of title 38, United States Code, and in
accordance with section 103 of such title) of a
servicemember who died while in military service if
such spouse is the successor in interest to property
covered under subsection (a).
``(2) Covered time period.--The term `covered time period'
means the following time periods:
``(A) With respect to a servicemember who is or was
eligible for hostile fire or imminent danger special
pay under section 310 of title 37, United States Code,
during a period of military service, during the period
beginning on the first day on which the servicemember
is or was eligible for such special pay during such
period of military service and ending on the date that
is one year after the last day of such period of
military service.
``(B) With respect to a servicemember described in
paragraph (1)(B), during the one-year period beginning
on the date on which the servicemember is placed on
convalescent status or transferred to the temporary
disability retired list under section 1202 or 1205 of
title 10, United States Code.
``(C) With respect to a veteran described in
paragraph (1)(C), during the one-year period beginning
on the date of the retirement of such veteran.
``(D) With respect to a surviving spouse of a
servicemember as described in paragraph (1)(D), during
the one-year period beginning on the date on which the
spouse receives notice of the death of the
servicemember.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 303 the following new item:
``Sec. 303A. Mortgages and trust deeds of certain servicemembers,
surviving spouses, and disabled
veterans.''.
(3) Conforming amendment.--Section 107 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended
by adding at the end the following:
``(e) Other Individuals.--For purposes of this section, the term
`servicemember' includes any covered individual under section 303A.''.
(b) Increased Civil Penalties for Mortgage Violations.--Paragraph
(3) of section 801(b) of the Servicemembers Civil Relief Act (50 U.S.C.
App. 597(b)(3)) is amended to read as follows:
``(3) to vindicate the public interest, assess a civil
penalty--
``(A) with respect to a violation of section 207,
303, or 303A regarding real property--
``(i) in an amount not exceeding $110,000
for a first violation; and
``(ii) in an amount not exceeding $220,000
for any subsequent violation; and
``(B) with respect to any other violation of this
Act--
``(i) in an amount not exceeding $55,000
for a first violation; and
``(ii) in an amount not exceeding $110,000
for any subsequent violation.''.
(c) Credit Discrimination.--Section 108 of such Act (50 U.S.C. App.
518) is amended--
(1) by striking ``Application by'' and inserting ``(a)
Application or Receipt.--Application by''; and
(2) by adding at the end the following new subsection:
``(b) Eligibility.--In addition to the protections under subsection
(a), an individual who is entitled to any right or protection provided
under this Act may not be denied or refused credit or be subject to any
other action described under paragraphs (1) through (6) of subsection
(a) solely by reason of such entitlement.''.
(d) Effective Date.--Section 303A of the Servicemembers Civil
Relief Act, as added by subsection (a), and 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.
SEC. 3. TREATMENT OF RELOCATION FOR ACTIVE DUTY FOR PURPOSES OF
MORTGAGE REFINANCING.
(a) In General.--Title III of the Servicemembers Civil Relief Act
(50 U.S.C. App. 531 et seq.) is amended by inserting after section
303A, as added by section 1(a)(1), the following new section:
``SEC. 303B. TREATMENT OF RELOCATION FOR ACTIVE DUTY FOR PURPOSES OF
MORTGAGE REFINANCING.
``(a) Treatment of Absence From Residence Due to Active Duty.--
``(1) In general.--Subject to paragraph (2), if, at any
time that a servicemember who is the mortgagor under an
existing mortgage does not reside in the residence that secures
the existing mortgage because of relocation described in
subsection (c)(1)(B), such servicemember inquires about or
applies for a covered refinancing mortgage, such servicemember
shall be, for all purposes relating to the covered refinancing
mortgage, including such inquiry or application and eligibility
for and compliance with any underwriting criteria and standards
regarding such covered refinancing mortgage, considered to
occupy the residence that secures the existing mortgage to be
paid or prepaid by such covered refinancing mortgage as the
principal residence of the servicemember during the period of
any such relocation.
``(2) Limitation.--Paragraph (1) shall not apply with
respect to a servicemember at any time if, during the five-year
period preceding such time, the servicemember entered into a
covered refinancing mortgage pursuant to this section.
``(b) Mortgages Originated Before Period Military Service.--If a
covered refinancing mortgage is entered into pursuant to this section
with respect to an existing mortgage that originated before the period
of the servicemember's military service, such covered refinancing
mortgage shall be deemed to be an obligation that originated before the
period of the servicemember's military service and for which the
servicemember is still obligated for purposes of section 303(a)(1).
``(c) Definitions.--In this section:
``(1) Existing mortgage.--The term `existing mortgage'
means a mortgage that is secured by a 1- to 4-family residence,
including a condominium or a share in a cooperative ownership
housing association, that was the principal residence of a
servicemember for a period that--
``(A) had a duration of 13 consecutive months or
longer; and
``(B) ended upon the relocation of the
servicemember caused by the servicemember receiving
military orders for a permanent change of station or to
deploy with a military unit, or as an individual in
support of a military operation, for a period of not
less than 90 days that did not allow the servicemember
to continue to occupy such residence as a principal
residence.
``(2) Covered refinancing mortgage.--The term `covered
refinancing mortgage' means any mortgage--
``(A) that is made for the purpose of paying or
prepaying, and extinguishing, the outstanding
obligations under an existing mortgage or mortgages;
and
``(B) that is secured by the same residence that
secured such existing mortgage or mortgages.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 303A the
following new item:
``Sec. 303B. Treatment of relocation for active duty for purposes of
mortgage refinancing.''.
SEC. 4. REQUIREMENTS FOR LENDING INSTITUTIONS THAT ARE CREDITORS FOR
OBLIGATIONS AND LIABILITIES COVERED BY THE SERVICEMEMBERS
CIVIL RELIEF ACT.
Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App.
527) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Lending Institution Requirements.--
``(1) Compliance officers.--Each lending institution
subject to the requirements of this section shall designate an
employee of the institution as a compliance officer who is
responsible for ensuring the institution's compliance with this
section and for distributing information to servicemembers
whose obligations and liabilities are covered by this section.
``(2) Toll-free telephone number.--During any fiscal year,
a lending institution subject to the requirements of this
section that had annual assets for the preceding fiscal year of
$10,000,000,000 or more shall maintain a toll-free telephone
number and shall make such telephone number available on the
primary Internet website of the institution.''. | Military Family Home Protection Act - Amends the Servicemembers Civil Relief Act (the Act) to allow a court, in an action to enforce an obligation on real or personal property secured by a mortgage against a servicemember who is, or was, eligible for hostile fire or imminent danger pay during a period of military service, a servicemember placed on convalescent status, a veteran who was medically discharged and retired, or the surviving spouse of a member who died during military service, to stay such proceedings, upon request of a covered individual, for a specified period (generally, one year after the event occurred for which the individual became covered). Prohibits the sale, foreclosure, or seizure of the subject property during such period, except upon a court order or pursuant to an agreement authorized under the Act. Requires the individual so covered to notify the mortgagee, trustee, or other creditor of such coverage. Provides a criminal penalty for violations of the sale or foreclosure prohibitions, and increases current civil penalties for mortgage violations under the Act. Prohibits an individual from being denied or refused credit solely by reason of eligibility for relief under this Act. Requires a servicemember-mortgagor who does not reside in the mortgage-secured residence due to military relocation and who inquires about, or applies for, a refinancing to be considered to occupy such residence during the period of the relocation. Requires each lending institution acting as a creditor to such servicemember, veteran, or surviving spouse to designate an employee responsible for ensuring the institution's compliance with the requirements of this Act. Requires any such institution that had prior annual assets of $10 billion or more to maintain on its primary website a toll-free number for information concerning such requirements. | {"src": "billsum_train", "title": "Military Family Home Protection Act"} | 3,179 | 401 | 0.582378 | 1.834671 | 0.69138 | 2.790274 | 8.343465 | 0.905775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heller Public Firearms Range Act of
2014''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) The right to keep and bear arms in the District of
Columbia has been severely restricted for many years, resulting
in citizens with firearms skills insufficient for proper
safety.
(2) The ability of the public to safely use firearms for
hunting and self defense is dependent on sufficient
opportunities for safety education and training.
(3) The Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669 et seq.) facilitates hunter and firearm safety
education and training for all States.
(4) Richard A. Heller of Washington, DC, has shown untiring
energy and courage in pursuing Second Amendment rights for the
citizens of the District of Columbia, resulting in the landmark
Supreme Court decision in the case District of Columbia v.
Heller (554 U.S. 570, 2008).
SEC. 3. AMENDMENTS TO THE PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.
(a) Apportionment to District of Columbia.--Section 4(c) of the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(c)) is
amended by inserting ``the District of Columbia,'' after ``Puerto
Rico,''.
(b) Cooperation and Payment of Funds.--Section 8A of such Act (16
U.S.C. 669g-1) is amended to read as follows:
``SEC. 8A. COOPERATION AND PAYMENT OF FUNDS.
``(a) Cooperation and Payment.--
``(1) In general.--The Secretary of the Interior--
``(A) may cooperate with the Secretary of
Agriculture of Puerto Rico, the Mayor of the District
of Columbia, the Governor of Guam, the Governor of
American Samoa, the Governor of the Commonwealth of the
Northern Mariana Islands, and the Governor of the
Virgin Islands, in the conduct of wildlife restoration
projects and hunter safety programs as provided by
section 8(b), upon such terms and conditions as the
Secretary deems fair, just, and equitable; and
``(B) subject to paragraph (2), may apportion to
Puerto Rico, the District of Columbia, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, and the Virgin Islands, out of the money
available for apportionment under this Act, such sums
as the Secretary shall determine, which shall not
exceed, for any year--
``(i) for Puerto Rico and the District of
Columbia, one-half of 1 percent of the total
amount apportioned for the year;
``(ii) for Guam, one-sixth of 1 percent of
such total amount apportioned;
``(iii) for American Samoa, one-sixth of 1
percent of such total amount apportioned;
``(iv) for the Commonwealth of the Northern
Mariana Islands, one-sixth of 1 percent of such
total amount apportioned; and
``(v) for the Virgin Islands, one-sixth of
1 percent of such total amount apportioned.
``(2) Limitation.--The Secretary shall not require any of
such cooperating agencies to pay an amount that exceeds 25
percent of the cost of any project.
``(b) Unexpended and Unobligated Apportionments.--Any unexpended or
unobligated balance of any apportionment made under this section--
``(1) shall be available for expenditure in Puerto Rico,
the District of Columbia, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or the Virgin
Islands, as applicable, in the succeeding year, on any approved
project; and
``(2) if unexpended or unobligated at the end of such year
may be made available for expenditure by the Secretary in
carrying out the Migratory Bird Conservation Act (16 U.S.C. 715
et seq.).''.
(c) Additional Apportionment to District of Columbia.--If before
the date of the enactment of this Act the Secretary of the Interior
makes an apportionment of funds under any of subsection (b) or (c) of
section 4 or section 10(a) of such Act (16 U.S.C. 669c, 669h-1(a)) for
the fiscal year in which this Act takes effect, the Secretary shall
make an additional apportionment under that subsection or section,
respectively, to the District of Columbia for the fiscal year in an
amount equal to the amount that would have been apportioned to the
District under that subsection or section, as applicable, if this Act
were effective at the time of the preceding apportionment under that
subsection or section.
(d) Grant for Construction and Operation of Indoor Public Target
Range for Firearm Users.--
(1) In general.--The Secretary of the Interior shall use
amounts in the Federal aid to wildlife restoration fund to make
a grant in fiscal year 2015 to the Mayor of the District of
Columbia for the construction and operation of an indoor public
target range for firearms users in the District of Columbia.
(2) Amount.--A grant under this subsection shall not exceed
$750,000.
(3) Range requirements.--The Secretary shall require that
any target range constructed with a grant under this subsection
shall include--
(A) at least 10 firing lanes of at least 25 yards
in length each;
(B) classroom facilities for hunter and firearm
safety education and training;
(C) offices suitable for retail sales of firearms
and ammunition by holders of Federal firearms licenses;
(D) secure storage for firearms stocked by
federally licensed firearm dealers and for purposes
related to the operation of the range; and
(E) such other amenities as are appropriate for a
public firearms range.
(4) Construction and operation by secretary.--If the Mayor
of the District of Columbia fails to apply for such grant by
not later than 90 days after the date of the enactment of this
Act or fails to construct a target range with such a grant in
accordance with this subsection by not later than one year
after such date of enactment, the Secretary shall construct and
operate an indoor public firearms target range on suitable
Federal land within the District of Columbia using funds in the
Federal aid to wildlife restoration fund, and the amount
available for a grant under this subsection or from other
sources.
(5) Operating costs.--The ongoing costs of operation of
such range constructed and operated by the District under this
Act, or one constructed and operated by the Secretary under
this Act, shall be paid--
(A) through funds annually apportioned to the
District of Columbia from the Federal aid to wildlife
restoration fund,
(B) through amounts apportioned to the District,
pursuant to a grant,
(C) by fees paid by users of the range, that shall
be comparable to fees charged for use of public target
ranges in the commercial market, and
(D) by funds raised from the public. | Heller Public Firearms Range Act of 2014 - Amends the Pittman-Robertson Wildlife Restoration Act to include the District of Columbia in the apportionment to states and U.S. territories and possessions of revenues from taxes imposed on pistols, revolvers, bows, and arrows. Revises specified payments authority to: (1) authorize the Secretary of the Interior to cooperate with the Mayor of the District in conducting wildlife restoration projects and hunter safety programs; (2) authorize payments to the District out of funds made available under the Act for such purposes; and (3) limit the amount of such payments to one-half of 1% of the total amount apportioned to states, territories, and possessions for any year. Requires the Secretary to use amounts in the federal aid to wildlife restoration fund (FAWRF) to make a limited grant in FY2015 to the Mayor for construction and operation of an indoor public target range for firearm users in the District. Requires the Secretary to construct and operate the target range on suitable federal land within the District using FAWRF funds and such grant amount or from other sources, if the Mayor fails to apply for the grant within 90 days after enactment of this Act or fails to construct a target range with it within one year after the enactment. | {"src": "billsum_train", "title": "Heller Public Firearms Range Act of 2014"} | 1,584 | 287 | 0.560331 | 1.823095 | 0.762481 | 2.895397 | 5.857741 | 0.870293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Merger Enforcement Improvement
Act''.
SEC. 2. PREMERGER NOTIFICATION FILING FEES.
Section 605 of Public Law 101-162 (15 U.S.C. 18a note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``$45,000'' and inserting
``$30,000'';
(ii) by striking ``$100,000,000'' and
inserting ``$161,500,000'';
(iii) by striking ``2004'' and inserting
``2018''; and
(iv) by striking ``2003'' and inserting
``2017'';
(B) in paragraph (2)--
(i) by striking ``$125,000'' and inserting
``$100,000'';
(ii) by striking ``$100,000,000'' and
inserting ``$161,500,000'';
(iii) by striking ``but less'' and
inserting ``but is less''; and
(iv) by striking ``and'' at the end;
(C) in paragraph (3)--
(i) by striking ``$280,000'' and inserting
``$250,000''; and
(ii) by striking the period at the end and
inserting ``but is less than $1,000,000,000 (as
so adjusted and published);''; and
(D) by adding at the end the following:
``(4) $400,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $1,000,000,000 (as so adjusted and published)
but is less than $2,000,000,000 (as so adjusted and published);
``(5) $800,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $2,000,000,000 (as so adjusted and published)
but is less than $5,000,000,000 (as so adjusted and published);
and
``(6) $2,250,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $5,000,000,000 (as so adjusted and
published).''; and
(2) by adding at the end the following:
``(c)(1) For each fiscal year commencing after September 30, 2018,
the filing fees in this section shall be increased as of October 1 each
year by an amount equal to the percentage increase, if any, in the
Producer Price Index, as determined by the Department of Commerce or
its successor, for the year then ended over the level so established
for the year ending September 30, 2017.
``(2) As soon as practicable, but not later than January 31 of each
year, the Federal Trade Commission shall publish the adjusted amounts
required by this section.
``(3) The Federal Trade Commission shall not adjust amounts
required by this section if the percentage increase described in
paragraph (1) is less than 1 percent.
``(4) An amount adjusted under this section shall be rounded to the
nearest multiple of $5,000.''.
SEC. 3. POST-SETTLEMENT DATA.
Section 7A of the Clayton Act (15 U.S.C. 18a) is amended by adding
at the end the following:
``(l)(1) Each person who enters into an agreement with the Federal
Trade Commission or the United States to resolve a proceeding brought
under the antitrust laws or under the Federal Trade Commission Act (15
U.S.C. 41 et seq.) regarding an acquisition with respect to which
notification is required under this section shall, on an annual basis
during the 5-year period beginning on the date on which the agreement
is entered into, submit to the Federal Trade Commission or the
Assistant Attorney General, as applicable, information sufficient for
the Federal Trade Commission or the United States, as applicable, to
assess the competitive impact of the acquisition, including--
``(A) the pricing, availability, and quality of any product
or service, or inputs thereto, in any market, that was covered
by the agreement;
``(B) the source, and the resulting magnitude and extent,
of any cost-saving efficiencies or any consumer benefits that
were claimed as a benefit of the acquisition and the extent to
which any cost savings were passed on to consumers; and
``(C) the effectiveness of any divestitures or any
conditions placed on the acquisition in preventing or
mitigating harm to competition.
``(2) The requirement to provide the information described in
paragraph (1) shall be included in an agreement described in that
paragraph.
``(3) The Federal Trade Commission, with the concurrence of the
Assistant Attorney General, by rule in accordance with section 553 of
title 5, United States Code, and consistent with the purposes of this
section--
``(A) shall require that the information described in
paragraph (1) be in such form and contain such documentary
material and information relevant to a proposed acquisition as
is necessary and appropriate to enable the Federal Trade
Commission and the Assistant Attorney General to assess the
competitive impact of the acquisition under paragraph (1); and
``(B) may--
``(i) define the terms used in this subsection;
``(ii) exempt, from the requirements of this
section, information not relevant in assessing the
competitive impact of the acquisition under paragraph
(1); and
``(iii) prescribe such other rules as may be
necessary and appropriate to carry out the purposes of
this section.''.
SEC. 4. FEDERAL TRADE COMMISSION STUDY.
Not later than 2 years after the date of enactment of this Act, the
Federal Trade Commission, in consultation with the Securities and
Exchange Commission, shall conduct and publish a study, using any
compulsory process necessary, relying on public data and information if
available and sufficient, and incorporating public comment on--
(1) the extent to which an institutional investor or
related institutional investors have ownership or control
interests in competitors in moderately concentrated or
concentrated markets;
(2) the economic impacts of such overlapping ownership or
control; and
(3) the mechanisms by which an institutional investor could
affect competition among the companies in which it invests and
whether such mechanisms are prevalent.
SEC. 5. GAO STUDIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct a study to assess the success of merger
remedies required by the Department of Justice or the Federal
Trade Commission in consent decrees entered into since 6 years
prior to the date of enactment of this Act, including the
impact on maintaining competition, a comparison of structural
and conduct remedies, and the viability of divested assets; and
(2) conduct a study on the impact of mergers and
acquisitions on wages, employment, innovation, and new business
formation.
(b) Update.--The Comptroller General of the United States shall--
(1) update the study under paragraph (1) 3 years and 6
years after the date of enactment of this Act based on the
information provided under section 7A(l) of the Clayton Act, as
added by section 3 of this Act; and
(2) identify specific remedies or alleged merger benefits
that require additional information or research.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for fiscal
year 2018--
(1) $180,606,000 for the Antitrust Division of the
Department of Justice; and
(2) $342,000,000 for the Federal Trade Commission. | Merger Enforcement Improvement Act This bill modifies antitrust enforcement requirements regarding mergers (acquisitions by one corporation of the voting securities or assets of another). Specifically, the bill: adjusts premerger notification filing fees; requires certain filers to report to the Federal Trade Commission (FTC) or to the relevant Assistant Attorney General on information that allows the government to assess the competitive impact of a merger; requires the FTC to study overlapping ownership or control by investors in certain markets; and requires the Government Accountability Office to assess the success of certain merger remedies and the impact of mergers and acquisitions on wages, employment, innovation, and new business formation. | {"src": "billsum_train", "title": "Merger Enforcement Improvement Act"} | 1,672 | 162 | 0.346715 | 0.945414 | 0.62971 | 2.566667 | 13.358333 | 0.75 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Latin America Military Training
Review Act of 2005''.
SEC. 2. SUSPENSION OF AUTHORITY FOR WESTERN HEMISPHERE INSTITUTE FOR
SECURITY COOPERATION.
(a) Suspension of Institute.--The Secretary of the Army shall
suspend the operation of the Western Hemisphere Institute for Security
Cooperation until the submission of the report under section 4(e) of
this Act.
(b) Suspension of Authority.--The authority of the Secretary of
Defense to operate an education and training facility under section
2166 of title 10, United States Code, is suspended until the submission
of the report under section 4(e) of this Act.
(c) Limitation on Establishment of New Education and Training
Facility.--No training or education facility may be established in the
Department of Defense for Latin American military personnel (as a
successor to the United States Army School of the Americas, the Western
Hemisphere Institute for Security Cooperation, or otherwise) until the
submission of the report under section 4(e) of this Act.
SEC. 3. JOINT CONGRESSIONAL TASK FORCE.
(a) Establishment.--There is established a joint congressional task
force to conduct an assessment of the kind of education and training
that is appropriate for the Department of Defense to provide to
military personnel of Latin American nations.
(b) Composition.--The task force shall be composed of eight Members
of Congress, of whom two each shall be designated by the Speaker of the
House of Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and the minority
leader of the Senate.
(c) Report.--Not later than six months after the date of the
enactment of this Act, the task force shall submit to Congress a report
on its assessment under subsection (a). The report shall include--
(1) a critical assessment of courses, curriculum, and
procedures appropriate for such education and training; and
(2) an evaluation of the effect of such education and
training on the performance of Latin American military
personnel in the areas of human rights and adherence to
democratic principles and the rule of law.
(d) Definition.--In this section, the term ``Member'' includes a
Delegate to, or Resident Commissioner, in the Congress.
SEC. 4. COMMISSION TO INVESTIGATE HUMAN RIGHTS ABUSES AT THE UNITED
STATES ARMY SCHOOL OF THE AMERICAS.
(a) Establishment.--There is established a commission to
investigate the activities of the United States Army School of the
Americas and its successor institution, the Western Hemisphere
Institute for Security Cooperation.
(b) Membership.--
(1) Appointment.--The commission shall be composed of eight
members, of whom two each shall be appointed by the Speaker of
the House of Representatives, the minority leader of the House
of Representatives, the majority leader of the Senate, and the
minority leader of the Senate.
(2) Qualifications.--Members of the commission shall be
selected from among individuals noted for their knowledge and
experience in foreign military training and international human
rights who are not officers or employees of the Federal
Government.
(3) Deadline for appointment.--The members of the
commission shall be appointed not later than 60 days after the
date of the enactment of this Act.
(4) Vacancies.--Any vacancy of the commission shall not
affect its powers and shall be filled in the manner in which
the original appointment was made.
(5) Chairperson; vice chairperson.--The Chairperson and
Vice Chairperson of the commission shall be elected by the
members.
(6) Compensation.--Members of the commission shall serve
without pay.
(7) Travel expenses.--Each member of the commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(c) Powers.--
(1) Hearings and sessions.--The commission may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the commission considers appropriate.
(2) Information from federal agencies.--The commission may
secure directly from any Federal department or agency such
information as the commission considers necessary to carry out
the provisions of this section. Upon request of the Chairperson
of the commission, the head of such department or agency shall
furnish such information to the commission.
(d) Investigation.--Not later than two years after the date on
which all members of the commission have been appointed, the commission
shall complete an investigation into the activities of the United
States Army School of the Americas and its successor institution, the
Western Hemisphere Institute for Security Cooperation. The
investigation shall--
(1) identify those individuals responsible for drafting or
approving manuals for use at either such institution advocating
tactics that violate international law or the laws of the
United States;
(2) determine how such manuals were used in training
conducted by either such institution;
(3) determine the effect of such training; and
(4) identify those individuals responsible for teaching
such tactics.
(e) Report.--Not later than 30 days after the completion of the
investigation under subsection (d), the commission shall submit to
Congress and the Secretary of Defense a report containing the results
of the investigation and recommendations for actions in response to any
violations of human rights to which training at the United States Army
School of the Americas or its successor institution, the Western
Hemisphere Institute for Security Cooperation, contributed.
(f) Termination.--The commission shall terminate 30 days after the
date of the submission of the report under subsection (e). | Latin America Military Training Review Act of 2005 - Directs the Secretary of the Army to suspend operation of the Western Hemisphere Institute for Security Cooperation (Institute). Suspends the authority of the Secretary of Defense to operate such an education and training facility until submission of a report containing the results of an investigation in response to violations of human rights to which training at such Institute contributed.
Establishes: (1) a joint congressional task force to assess appropriate education and training for DOD to provide to military personnel of Latin American nations; and (2) a commission to investigate activities of the United States Army School of the Americas and its successor institution, the Institute. | {"src": "billsum_train", "title": "To suspend the authority for the Western Hemisphere Institute for Security Cooperation (the successor institution to the United States Army School of the Americas) in the Department of Defense, and for other purposes."} | 1,259 | 139 | 0.694376 | 2.149572 | 0.691686 | 4.23622 | 8.937008 | 0.944882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Intermediary Lending
Pilot Program Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Small and emerging businesses, particularly startups
and businesses that lack sufficient or conventional collateral,
continue to face barriers accessing midsized loans in amounts
between $35,000 and $200,000, with affordable terms and
conditions.
(2) Consolidation in the banking industry has resulted in a
decrease in the number of small, locally controlled banks with
not more than $100,000,000 in assets and has changed the method
by which banks make small business credit decisions with--
(A) credit scoring techniques replacing
relationship-based lending, which often works to the
disadvantage of small or startup businesses that do not
conform with a bank's standardized credit formulas; and
(B) less flexible terms and conditions, which are
often necessary for small and emerging businesses.
(3) In the environment described in paragraphs (1) and (2),
nonprofit intermediary lenders, including community development
corporations, provide financial resources that supplement the
small business lending and investments of a bank by--
(A) providing riskier, up front, or subordinated
capital;
(B) offering flexible terms and underwriting
procedures; and
(C) providing technical assistance to businesses in
order to reduce the transaction costs and risk exposure
of banks.
(4) Several Federal programs, including the Microloan
Program under section 7(m) of the Small Business Act (15 U.S.C.
636(m)) and the Intermediary Relending Program of the
Department of Agriculture, have demonstrated the effectiveness
of working through nonprofit intermediaries to address the
needs of small business concerns that are unable to access
capital through conventional sources.
(5) More than 1,000 nonprofit intermediary lenders in the
United States are--
(A) successfully providing financial and technical
assistance to small and emerging businesses;
(B) working with banks and other lenders to
leverage additional capital for their business
borrowers; and
(C) creating employment opportunities for low
income individuals through their lending and business
development activities.
SEC. 3. SMALL BUSINESS INTERMEDIARY LENDING PILOT PROGRAM.
(a) In General.--Section 7 of the Small Business Act (15 U.S.C.
636) is amended by inserting after subsection (k) the following:
``(l) Small Business Intermediary Lending Program.--
``(1) Definitions.--For purposes of this subsection--
``(A) the term `intermediary' means a private,
nonprofit entity that seeks to borrow, or has borrowed,
funds from the Administration to provide midsize loans
to small business concerns under this subsection,
including--
``(i) a private, nonprofit community
development corporation;
``(ii) a consortium of private, nonprofit
organizations or nonprofit community
development corporations;
``(iii) a quasi-governmental economic
development entity (such as a planning and
development district), other than a State,
county, or municipal government; and
``(iv) an agency of or nonprofit entity
established by a Native American Tribal
Government; and
``(B) the term `midsize loan' means a fixed rate
loan of not less than $35,000 and not more than
$200,000, made by an intermediary to a startup, newly
established, or growing small business concern.
``(2) Establishment.--There is established a 3-year small
business intermediary lending pilot program (referred to in
this section as the `Program'), under which the Administration
may provide direct loans to eligible intermediaries, for the
purpose of making fixed interest rate midsize loans to startup,
newly established, and growing small business concerns.
``(3) Purposes.--The purposes of the small business
intermediary lender pilot program are--
``(A) to assist small business concerns in those
areas suffering from a lack of credit due to poor
economic conditions;
``(B) to create employment opportunities for low
income individuals;
``(C) to establish a midsize loan program to be
administered by the Administration to provide loans to
eligible intermediaries to enable such intermediaries
to provide small scale loans, particularly loans in
amounts averaging not more than $150,000, to startup,
newly established, or growing small business concerns
for working capital or the acquisition of materials,
supplies, or equipment;
``(D) to test the effectiveness of nonprofit
intermediaries--
``(i) as a delivery system for a midsize
loan program; and
``(ii) in addressing the credit needs of
small businesses and leveraging other sources
of credit; and
``(E) to determine the advisability and feasibility
of implementing a midsize loan program nationwide.
``(4) Eligibility for participation.--An intermediary shall
be eligible to receive loans under the Program if the
intermediary has at least 1 year of experience making loans to
startup, newly established, or growing small business concerns.
``(5) Loans to intermediaries.--
``(A) Application.--Each intermediary desiring a
loan under this subsection shall submit an application
to the Administration that describes--
``(i) the type of small business concerns
to be assisted;
``(ii) the size and range of loans to be
made;
``(iii) the geographic area to be served
and its economic, poverty, and unemployment
characteristics;
``(iv) the status of small business
concerns in the area to be served and an
analysis of the availability of credit; and
``(v) the qualifications of the applicant
to carry out this subsection.
``(B) Loan limits.--Notwithstanding subsection
(a)(3), no loan may be made to an intermediary under
this subsection if the total amount outstanding and
committed to the intermediary from the business loan
and investment fund established by this Act would, as a
result of such loan, exceed $1,000,000 during the
participation of the intermediary in the Program.
``(C) Loan duration.--Loans made by the
Administration under this subsection shall be for a
maximum term of 20 years.
``(D) Applicable interest rates.--Loans made by the
Administration to an intermediary under the Program
shall bear an annual interest rate equal to 1.00
percent.
``(E) Fees; collateral.--The Administration may not
charge any fees or require collateral with respect to
any loan made to an intermediary under this subsection.
``(F) Leverage.--Any loan to a small business
concern under this subsection shall not exceed 75
percent of the total cost of the project funded by such
loan, with the remaining funds being leveraged from
other sources, including--
``(i) banks or credit unions;
``(ii) community development financial
institutions; and
``(iii) other sources with funds available
to the intermediary lender.
``(G) Delayed payments.--The Administration shall
not require the repayment of principal or interest on a
loan made to an intermediary under the Program during
the first 2 years of the loan.
``(6) Program funding for midsize loans.--
``(A) Number of participants.--Under the Program,
the Administration may provide loans, on a competitive
basis, to not more than 20 intermediaries.
``(B) Equitable distribution of intermediaries.--
The Administration shall select and provide funding
under the Program to such intermediaries as will ensure
geographic diversity and representation of urban and
rural communities.
``(7) Report to congress.--
``(A) Initial report.--Not later than 30 months
after the date of enactment of the Small Business
Intermediary Lending Pilot Program Act of 2005, the
Administration shall submit a report containing an
evaluation of the effectiveness of the Program to--
``(i) the Committee on Small Business and
Entrepreneurship of the Senate; and
``(ii) the Committee on Small Business of
the House of Representatives.
``(B) Annual report.--Not later than 12 months
after the date of enactment of the Small Business
Intermediary Lending Pilot Program Act of 2005, and
annually thereafter, the Administration shall submit a
report containing an evaluation of the effectiveness of
the Program to the Committees described in subparagraph
(A).
``(C) Contents.--The reports submitted under
subparagraphs (A) and (B) shall include--
``(i) the numbers and locations of the
intermediaries receiving funds to provide
midsize loans;
``(ii) the amounts of each loan to an
intermediary;
``(iii) the numbers and amounts of midsize
loans made by intermediaries to small business
concerns;
``(iv) the repayment history of each
intermediary;
``(v) a description of the loan portfolio
of each intermediary, including the extent to
which it provides midsize loans to small
business concerns in rural and economically
depressed areas;
``(vi) an estimate of the number of low
income individuals who have been employed as a
direct result of the Program; and
``(vii) any recommendations for legislative
changes that would improve the operation of the
Program.''.
(b) Rulemaking Authority.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall issue regulations to
carry out the amendment made by section 7(l) of the Small Business Act,
as added by subsection (a).
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Small Business Administration such sums as may be necessary
for each of the fiscal years 2006 through 2008 to provide
$20,000,000 in loans under section 7(l) of the Small Business
Act, as added by subsection (a).
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended. | Small Business Intermediary Lending Pilot Program Act of 2005 - Establishes a three-year small business intermediary lending pilot program under which the Small Business Administration (SBA) may make direct loans to eligible nonprofit lending intermediaries for the purpose of making fixed interest rate and mid-size loans ($35,000 to $200,000) to startup, newly-established, and growing small businesses. Authorizes the SBA, under the program, to make one percent, 20-year loans of up to $1 million, on a competitive basis, to up to 20 nonprofit lending intermediaries. Requires geographic diversity and representation of urban and rural communities under the program. | {"src": "billsum_train", "title": "A bill to establish a pilot program to provide low interest loans to nonprofit, community-based lending intermediaries, to provide midsize loans to small business concerns, and for other purposes."} | 2,146 | 140 | 0.585968 | 1.708483 | 0.589313 | 2.827869 | 16.680328 | 0.92623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Facilities Financing
Act''.
SEC. 2. TECHNICAL AND FINANCIAL ASSISTANCE GRANTS.
(a) Definitions.--In this section:
(1) Child care facility.--The term ``child care facility''
means a center-based or home-based child care facility.
(2) Eligible intermediary.--The term ``eligible
intermediary'' means a private, nonprofit intermediary
organization that has demonstrated experience in--
(A) providing technical or financial assistance for
the construction and renovation of physical facilities;
(B) providing technical or financial assistance to
child care providers; and
(C) securing private sources for capital financing
of child care or other low-income community
development.
(3) Eligible recipient.--The term ``eligible recipient''
means--
(A) any existing or new center-based or home-based
child care provider that provides services to eligible
children under a program carried out under the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.), or another program serving low-income
children as determined by the Secretary; and
(B) any organization in the process of establishing
a center-based or home-based child care program or
otherwise seeking to provide child care services to
children described in subparagraph (A).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Grant Authority.--The Secretary may award grants on a
competitive basis in accordance with this section to eligible
intermediaries to assist the intermediaries in carrying out the
activities described in subsection (e).
(c) Applications.--To be eligible to receive a grant under this
section an eligible intermediary shall submit to the Secretary an
application, in such form and containing such information as the
Secretary may require.
(d) Priority.--
(1) In general.--In awarding grants under this section the
Secretary shall give priority to applicants under subsection
(c) that propose to assist eligible recipients that serve--
(A) low-income areas, such as--
(i) a community that--
(I) is in a metropolitan area; and
(II) has a median household income
that is not more than 80 percent of the
median household income of the
metropolitan area; or
(ii) a community that--
(I) is not in a metropolitan area;
and
(II) has a median income that is
not more than 80 percent of the median
household income of the State in which
the community is located; or
(B) low-income individuals, such as an individual
who is an eligible child, as defined in section 658P of
the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858m).
(2) Definition.--In this subsection, the term
``metropolitan area'' has the meaning given the term in section
102 of the Housing and Community Development Act of 1974 (42
U.S.C. 5302).
(e) Use of Funds.--
(1) Revolving fund.--Each eligible intermediary that
receives a grant under this section shall deposit the grant
amount into a child care revolving fund established by the
eligible intermediary.
(2) Payments from fund.--Subject to subsection (f), from
amounts deposited into the revolving fund under paragraph (1),
each eligible intermediary shall provide technical and
financial assistance (in the form of loans, grants,
investments, guarantees, interest subsidies, and other
appropriate forms of assistance) to eligible recipients to pay
for the Federal share of the cost of the acquisition,
construction, or improvement of child care facilities or
equipment, or for the improvement of related management and
business practices, for each such recipient. The amounts may be
used solely for the purpose of providing technical or financial
assistance.
(3) Loan repayments and investment proceeds.--Any amount
received by an eligible intermediary from an eligible recipient
in the form of a loan repayment or investment proceeds shall be
deposited into the child care revolving fund of the eligible
intermediary for redistribution to other eligible recipients in
accordance with this section.
(f) Federal Share.--
(1) In general.--The Federal share of the cost described in
subsection (e)(2) shall be not more than 50 percent.
(2) Non-federal share.--The non-Federal share of the cost
may be provided in cash or in kind, fairly evaluated, including
plant, equipment, or services.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2002 through 2006. | Child Care Facilities Financing Act - Authorizes the Secretary of Health and Human Services to award competitive grants to eligible intermediaries to deposit into child care revolving funds for technical and financial assistance to eligible recipients to pay the Federal matching share of costs of acquisition, construction, or improvement of center-based or home-based child care facilities or equipment, or for the improvement of related management and business practices. | {"src": "billsum_train", "title": "A bill to provide for the acquisition, construction, and improvement of child care facilities or equipment, and for other purposes."} | 1,044 | 86 | 0.597256 | 1.470517 | 0.872013 | 4.473684 | 12.473684 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Coastal Environment and Public
Health Act of 2011''.
SEC. 2. FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS.
(a) Adoption of New or Revised Criteria and Standards.--Section
303(i)(2)(A) of the Federal Water Pollution Control Act (33 U.S.C.
1313(i)(2)(A)) is amended by striking ``paragraph (1)(A)'' each place
it appears and inserting ``paragraph (1)''.
(b) Revised Criteria for Coastal Recreation Waters.--Section
304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C.
1314(a)(9)) is amended--
(1) in subparagraph (A), by striking ``methods, as
appropriate'' and inserting ``methods, including rapid testing
methods''; and
(2) by adding at the end the following:
``(C) Publication of pathogen and pathogen
indicator list.--Upon publication of the new or revised
water quality criteria under subparagraph (A), the
Administrator shall publish in the Federal Register a
list of all pathogens and pathogen indicators studied
in developing the new or revised water quality
criteria.''.
(c) Source Identification.--
(1) Monitoring protocols.--Section 406(a)(1)(A) of the
Federal Water Pollution Control Act (33 U.S.C. 1346(a)(1)(A))
is amended by striking ``methods for monitoring'' and inserting
``methods for monitoring protocols that are most likely to
detect pathogenic contamination and the source of that
contamination''.
(2) State reports; source tracking.--Section 406(b) of the
Federal Water Pollution Control Act (33 U.S.C. 1346(b)) is
amended--
(A) in paragraph (3)(A)(ii), by striking ``public''
and inserting ``public and all environmental agencies
of the State with authority to prevent or treat sources
of pathogenic contamination in coastal recreation
waters''; and
(B) by adding at the end the following:
``(5) Contents of monitoring and notification programs.--
For the purposes of this section, a program for monitoring,
assessment, and notification shall include, consistent with
performance criteria published by the Administrator under
subsection (a), monitoring, public notification, storm event
testing, source tracking, and sanitary surveys, and may include
prevention efforts, not already funded under this Act to
address identified sources of contamination by pathogens and
pathogen indicators in coastal recreation waters adjacent to
beaches or similar points of access that are used by the
public.''.
(d) Use of Rapid Testing Methods.--
(1) Contents of state and local government programs.--
Section 406(c)(4)(A) of the Federal Water Pollution Control Act
(33 U.S.C. 1346(c)(4)(A)) is amended by striking ``methods''
and inserting ``methods, including a rapid testing method after
the last day of the 1-year period following the date of
validation of that rapid testing method by the
Administrator,''.
(2) Validation and use of rapid testing methods.--
(A) Validation of rapid testing methods.--Not later
than October 15, 2012, the Administrator of the
Environmental Protection Agency (referred to in this
Act as the ``Administrator'') shall complete an
evaluation and validation of a rapid testing method for
the water quality criteria and standards for pathogens
and pathogen indicators described in section
304(a)(9)(A) of the Federal Water Pollution Control Act
(33 U.S.C. 1314(a)(9)(A)).
(B) Guidance for use of rapid testing methods.--
(i) In general.--Not later than 180 days
after the date of completion of the validation
under subparagraph (A), and after providing
notice and an opportunity for public comment,
the Administrator shall publish guidance for
the use at coastal recreation waters adjacent
to beaches or similar points of access that are
used by the public of rapid testing methods
that will enhance the protection of public
health and safety through rapid public
notification of any exceedance of applicable
water quality standards for pathogens and
pathogen indicators.
(ii) Prioritization.--In developing
guidance under clause (i), the Administrator
shall require the use of rapid testing methods
at those beaches or similar points of access
that are the most used by the public.
(3) Definition of rapid testing method.--Section 502 of the
Federal Water Pollution Control Act (33 U.S.C. 1362) is amended
by adding at the end the following:
``(26) Rapid testing method.--The term `rapid testing
method' means a method of testing the water quality of coastal
recreation waters for which results are available as soon as
practicable and not more than 4 hours after receipt of the
applicable sample by the testing facility.''.
(e) Notification of Federal, State, and Local Agencies; Content of
State and Local Programs.--Section 406(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1346(c)) is amended--
(1) in paragraph (5)--
(A) in the matter preceding subparagraph (A), by
striking ``prompt communication'' and inserting
``communication, within 2 hours of the receipt of the
results of a water quality sample,'';
(B) by striking subparagraph (A) and inserting the
following:
``(A)(i) in the case of any State in which the
Administrator is administering the program under
section 402, the Administrator, in such form as the
Administrator determines to be appropriate; and
``(ii) in the case of any State other than a State
to which clause (i) applies, all agencies of the State
government with authority to require the prevention or
treatment of the sources of coastal recreation water
pollution; and'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(3) by inserting after paragraph (5) the following:
``(6) measures for an annual report to the Administrator,
in such form as the Administrator determines to be appropriate,
on the occurrence, nature, location, pollutants involved, and
extent of any exceedance of applicable water quality standards
for pathogens and pathogen indicators;'';
(4) in paragraph (7) (as redesignated by paragraph (2))--
(A) by striking ``the posting'' and inserting ``the
immediate posting''; and
(B) by striking ``and'' at the end;
(5) in paragraph (8) (as redesignated by paragraph (2)), by
striking the period at the end and inserting a semicolon; and
(6) by adding at the end the following:
``(9) the availability of a geographical information system
database that the State or local government program shall use
to inform the public about coastal recreation waters and that--
``(A) is publicly accessible and searchable on the
Internet;
``(B) is organized by beach or similar point of
access;
``(C) identifies applicable water quality
standards, monitoring protocols, sampling plans and
results, and the number and cause of coastal recreation
water closures and advisory days; and
``(D) is updated within 24 hours of the
availability of revised information;
``(10) measures to ensure that closures or advisories are
made or issued within 2 hours after the receipt of the results
of a water quality sample exceeding applicable water quality
standards for pathogens and pathogen indicators;
``(11) measures that inform the public of identified
sources of pathogenic contamination; and
``(12) analyses of monitoring protocols to determine which
protocols are most likely to detect pathogenic
contamination.''.
(f) National List of Beaches.--Section 406(g) of the Federal Water
Pollution Control Act (33 U.S.C. 1346(g)) is amended by striking
paragraph (3) and inserting the following:
``(3) Updates.--Not later than 1 year after the date of
enactment of the Clean Coastal Environment and Public Health
Act of 2011, and biennially thereafter, the Administrator shall
update the list described in paragraph (1).''.
(g) Compliance Review.--Section 406(h) of the Federal Water
Pollution Control Act (33 U.S.C. 1346(h)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(2) by striking ``In the'' and inserting the following:
``(1) In general.--In the''; and
(3) by adding at the end the following:
``(2) Compliance review.--On or before July 31 of each
calendar year beginning 18 months after the date of enactment
of the Clean Coastal Environment and Public Health Act of 2011,
the Administrator shall--
``(A) prepare a written assessment of compliance
with--
``(i) all statutory and regulatory
requirements of this section for each State and
local government; and
``(ii) conditions of each grant made under
this section to a State or local government;
``(B) notify the State or local government of each
such assessment; and
``(C) make each of the assessments available to the
public in a searchable database on the Internet on or
before December 31 of the applicable calendar year.
``(3) Corrective action.--If a State or local government
that the Administrator notifies under paragraph (2) is not in
compliance with any requirement or grant condition described in
paragraph (2) and fails to take such action as is necessary to
comply with the requirement or condition by the date that is 1
year after the date of notification, any grants made under
subsection (b) to the State or local government, after the last
day of that 1-year period and while the State or local
government is not in compliance with all requirements and grant
conditions described in paragraph (2), shall have a Federal
share of not to exceed 50 percent.
``(4) GAO review.--Not later than December 31 of the third
calendar year beginning after the date of enactment of the
Clean Coastal Environment and Public Health Act of 2011, the
Comptroller General shall--
``(A) conduct a review of the activities of the
Administrator under paragraphs (2) and (3) during the
first and second calendar years beginning after that
date of enactment; and
``(B) submit to Congress a report on the results of
the review.''.
(h) Authorization of Appropriations.--Section 406(i) of the Federal
Water Pollution Control Act (33 U.S.C. 1346(i)) is amended by striking
``fiscal years 2001 through 2005'' and inserting ``fiscal years 2011
through 2015''.
SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH
ACT.
Section 8 of the Beaches Environmental Assessment and Coastal
Health Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and
inserting ``2015''.
SEC. 4. MONITORING PROTOCOL FOR MERCURY.
(a) Review and Update of Existing Monitoring and Testing Protocols
and Recommendations.--As soon as practicable after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this Act as the ``Administrator'')
shall--
(1) review and update existing monitoring protocols as
necessary for mercury affecting the coastal recreation waters
of the Great Lakes; and
(2) develop updated recommendations on testing for the
presence of mercury affecting the coastal recreation waters of
the Great Lakes, including the presence of mercury in Great
Lakes sediment and fish tissue.
(b) Publication of Water Quality Criteria.--Nothing in this section
shall delay the schedule for publication of new or revised water
quality criteria as required by section 304(a)(9) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)(9)).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.
SEC. 5. STUDY OF GRANT DISTRIBUTION FORMULA.
(a) Study.--Not later than 30 days after the date of enactment of
this Act, the Administrator shall commence a study of the formula for
the distribution of grants under section 406 of the Federal Water
Pollution Control Act (33 U.S.C. 1346) for the purpose of identifying
potential revisions of that formula.
(b) Contents.--In conducting the study under this section, the
Administrator shall take into consideration--
(1) the base cost to States of developing and maintaining
water quality monitoring and notification programs;
(2) the varied beach monitoring and notification needs of
the States, including beach mileage, beach usage, and length of
beach season; and
(3) other factors that the Administrator determines to be
appropriate.
(c) Consultation.--In conducting the study under this section, the
Administrator shall consult with appropriate Federal, State, and local
agencies.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
describing the results of the study under this section, including any
recommendation for revision of the distribution formula referred to in
subsection (a).
SEC. 6. IMPACT OF CLIMATE CHANGE ON POLLUTION OF COASTAL RECREATION
WATERS.
(a) Study.--The Administrator shall conduct a study on the long-
term impact of climate change on pollution of coastal recreation
waters.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report on the results of the study conducted under
subsection (a).
(2) Information on potential contaminant impacts.--The
report shall include information on potential contaminant
impacts on--
(A) ground and surface water resources; and
(B) public and ecosystem health in coastal
communities.
(3) Monitoring.--The report shall--
(A) address monitoring required to document and
assess changing conditions of coastal water resources,
recreational waters, and ecosystems; and
(B) review the current ability to assess and
forecast impacts associated with long-term climate
change.
(4) Federal actions.--The report shall highlight necessary
Federal actions to help advance the availability of information
and tools to assess and mitigate the impacts and effects
described in paragraphs (2) and (3) in order to protect public
and ecosystem health.
(5) Consultation.--In developing the report, the
Administrator shall work in consultation with agencies active
in the development of the National Water Quality Monitoring
Network and the implementation of the Ocean Research Priorities
Plan and Implementation Strategy.
SEC. 7. IMPACT OF NUTRIENTS ON POLLUTION OF COASTAL RECREATION WATERS.
(a) Study.--The Administrator shall conduct a study of available
scientific information relating to the impacts of nutrient excesses and
algal blooms on coastal recreation waters.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report on the results of the study conducted under
subsection (a).
(2) Inclusions.--The report under paragraph (1) shall
include--
(A) information regarding the impacts of nutrient
excesses and algal blooms on coastal recreation waters
and coastal communities; and
(B) recommendations of the Administrator for
actions to be carried out by the Administrator to
address those impacts, including, if applicable,
through the establishment of numeric water quality
criteria.
(3) Consultation.--In developing the report under paragraph
(1), the Administrator shall work in consultation with the
heads of other appropriate Federal agencies (including the
National Oceanic and Atmospheric Administration), States, and
local governmental entities. | Clean Coastal Environment and Public Health Act of 2011 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Environmental Protection Agency (EPA): (1) upon the publication of the new or revised water quality criteria, to publish a list of all pathogens and pathogen indicators studied in developing such criteria; and (2) specify in performance criteria for monitoring and assessing coastal recreation waters adjacent to beaches or similar points of interest (waters) available methods for monitoring protocols that are most likely to detect pathogenic contamination and the source of that contamination.
Requires coastal recreation water quality monitoring and notification programs to include monitoring consistent with such criteria, monitoring, public notification, storm event testing, source tracking, and sanitary surveys. Authorizes such programs to include prevention efforts, not already funded under such Act, to address identified sources of contamination by pathogens and pathogen indicators in such waters that are used by the public.
Revises requirements applicable to state recipients of monitoring and notification program grants, including to require recipients to identify: (1) a rapid testing method to detect levels of pathogens or pathogen indicators that are harmful to human health; and (2) measures for communicating the results of a water sample concerning pollutants within two hours of receipt to specified officials, for ensuring that closures or advisories are made within two hours after the receipt of a water quality sample exceeding standards, and for informing the public of identified sources of pathogenic contamination.
Sets forth provisions concerning: (1) rapid testing methods, including provisions requiring EPA to publish guidance that requires the use, at waters that are used by the public, of rapid testing methods that will enhance the protection of public health and safety through rapid public notification of any exceedance of applicable water quality standards for pathogens and pathogen indicators; and (2) compliance review.
Authorizes appropriations: (1) for grants to states and local governments for developing and implementing monitoring and notification programs for FY2011-FY2015, and (2) to implement the Beaches Environmental Assessment and Coastal Health Act of 2000 through FY2015.
Requires the Administrator to review and update existing monitoring protocols for mercury affecting the coastal recreation waters of the Great Lakes and develop updated recommendations on testing for the presence of mercury affecting such waters, including the presence of mercury in Great Lakes sediment and fish tissue.
Requires EPA to update within a year and biennially thereafter (currently, periodically) the list indicating which coastal recreation waters adjacent to beaches used by the public are, and which are not, subject to a monitoring and notification program.
Requires EPA to study and report to Congress on: (1) possible revision of the formula for the distribution of monitoring and notification program grants, (2) the long-term impact of climate change on pollution of coastal recreation waters, and (3) the impacts of nutrient excesses and algae blooms on coastal recreation waters. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to modify provisions relating to beach monitoring, and for other purposes."} | 3,590 | 615 | 0.627677 | 1.993466 | 0.696491 | 3.698752 | 5.743316 | 0.903743 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Benefits Protection
Act of 2000''.
SEC. 2. ENTITLEMENT TO BENEFITS FOR MONTH OF BENEFICIARY'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a)(3) of the Social
Security Act (42 U.S.C. 402(a)(3)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(5)(B) of the
Social Security Act (42 U.S.C. 402(b)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of the Social Security
Act (42 U.S.C. 402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(5)(B) of the
Social Security Act (42 U.S.C. 402(c)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of the Social
Security Act (42 U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of the Social
Security Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: she remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: she remarries, or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of the Social
Security Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: he remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which he dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: he remarries,''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
the Social Security Act (42 U.S.C. 402(g)(1)) is amended, in the matter
following subparagraph (F)--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending''; and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of the Social
Security Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: such parent dies, marries,'' in the matter
following subparagraph (E) and inserting ``ending with the month in
which such parent dies or (if earlier) with the month preceding the
first month in which any of the following occurs: such parent
marries,''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of the Social
Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with
the month preceding whichever of the following months is the earliest:
the month in which he dies,'' in the matter following subparagraph (D)
and inserting the following: ``ending with the month in which he dies
or (if earlier) with whichever of the following months is the
earliest:''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of the Social Security Act (42 U.S.C. 428(a)) is amended by
striking ``the month preceding'' in the matter following paragraph (4).
(k) Exemption From Maximum Benefit Cap.--Section 203 of the Social
Security Act (42 U.S.C. 403) is amended by adding at the end the
following:
``Exemption From Maximum Benefit Cap
``(m) Notwithstanding any other provision of this section, the
application of this section shall be made without regard to monthly
benefits received under section 202, 223, or 228 for the month referred
to in section 202(z), 223(j), or 228(i), respectively.''.
SEC. 3. LIMITATION ON PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(z)(1) Notwithstanding the preceding provisions of this section,
an individual's monthly insurance benefit under this section otherwise
payable for the month in which the individual dies shall be payable
only if such individual's date of death occurs after the first 15 days
of such month.
``(2) Any benefit payment under this section for the month referred
to in paragraph (1) shall be made in accordance with section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of the Social
Security Act (42 U.S.C. 423) is amended by adding at the end the
following:
``Last Payment of Benefit Terminated by Death
``(j)(1) Notwithstanding the preceding provisions of this section,
an individual's monthly insurance benefit under this section otherwise
payable for the month in which the individual dies shall be payable
only if such individual's date of death occurs after the first 15 days
of such month.
``(2) Any benefit payment under this section for the month referred
to in paragraph (1) shall be made in accordance with section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of the Social Security Act (42 U.S.C. 428) is amended by adding at
the end the following:
``Last Payment of Benefit Terminated by Death
``(i)(1) Notwithstanding the preceding provisions of this section,
an individual's monthly insurance benefit under this section otherwise
payable for the month in which the individual dies shall be payable
only if such individual's date of death occurs after the first 15 days
of such month.
``(2) Any benefit payment under this section for the month referred
to in paragraph (1) shall be made in accordance with section 204(d).''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the month in which this Act is enacted. | Disregards monthly benefits received for the month in which the individual dies for purposes of maximum benefit provisions.
Provides that the monthly benefit otherwise payable for the month in which the individual dies shall be payable only if the date of death occurs after the first 15 days of the month. | {"src": "billsum_train", "title": "Social Security Benefits Protection Act of 2000"} | 2,037 | 61 | 0.433141 | 1.165498 | -0.17356 | 5.925926 | 30.314815 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lewis and Clark Voyage of Scientific
Discovery Act''.
SEC. 2. LONG-TERM MONITORING PROGRAM.
(a) Establishment.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of the Interior, in consultation
with the Director of the United States Geological Survey, shall
establish a program at the River Studies Center of the Biological
Resources Division of the United States Geological Survey, located in
Columbia, Missouri--
(1) to determine and monitor the biological and chemical
characteristics of the Missouri River;
(2) to determine and monitor the interrelationship of those
characteristics with the hydrology and geomorphology of the
river; and
(3) to monitor and assess the biota, including threatened
or endangered species, habitats, and water quality of the
Missouri River.
(b) Development.--To develop the program, the Secretary of the
Interior and the Director of the United States Geological Survey shall
consult with--
(1) the Governors of affected States, acting through--
(A) the Missouri River Natural Resources Committee;
and
(B) the Missouri River Basin Association; and
(2) the Secretary of Agriculture;
(3) the Secretary of the Army;
(4) the Western Area Power Administration;
(5) the Administrator of the Environmental Protection
Agency; and
(6) the Missouri River Basin Tribes.
(c) Activities.--The program under subsection (b) shall provide
scientific information to--
(1) guide operation and management of the Missouri River;
and
(2) measure and model the impact of management alternatives
through--
(A) monitoring of biota, including threatened or
endangered species, habitats, and water quality;
(B) focused investigations of cause and effect
relationships; and
(C) identification and evaluation of methods to
conserve fish and wildlife, including threatened and
endangered species.
(d) Baseline.--The program under subsection (b) shall establish a
baseline of conditions against which future activities can be measured.
(e) Database.--The Secretary of the Interior shall--
(1) establish a database on Missouri River biota, including
threatened or endangered species, habitats, and water quality;
and
(2) make the database readily available to the public.
(f) Report.--Not later than 3 years after the date of establishment
of the program under subsection (b), and not less frequently than every
3 years thereafter, the Secretary of the Interior, acting through the
Director of the United States Geological Survey, shall--
(1) review the program;
(2) as necessary, establish and revise the objectives of
the program; and
(3) submit to Congress a report on the environmental health
of the Missouri River.
(g) Indian Tribes.--Notwithstanding any other provision of law, the
Secretary of the Interior shall enter into contracts, pursuant to the
Indian Self Determination Act (title I of the Indian Self Determination
and Education Assistance Act; 25 U.S.C. chapter 14, subchapter II, part
A (25 U.S.C. 450f et. seq.)) with Tribes whose Reservations are located
along the Missouri River and have an interest in environmental
restoration. The tasks to be contracted shall implement the goals set
forth in this section and shall complement the activities undertaken by
the Secretary of the Interior and the affected State Governments.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of the Interior to carry out this section--
(A) $6,500,000 for fiscal year 2002;
(B) $8,500,000 for fiscal year 2003; and
(C) $15,100,000 for each of fiscal years 2004
through 2016.
(2) Allocation of funds.--Funding of the program shall be
implemented in the following manner:
(A) Not more than the following percentage of the
funds available shall be directed to the River Studies
Center of the Biological Resources Division of the
United States Geological Survey, located in Columbia,
Missouri:
(i) 25 percent in fiscal year 2002
(ii) 40 perccent in fiscal year 2003
(iii) 65 percent in fiscal years after
2003.
At least 50 percent of such funds shall be directed to
the River Studies Center in fiscal years after 2003.
(B) The remaining funds shall be made available to
State fish and wildlife agencies in the Missouri River
basin to conduct monitoring activities designed to
enhance and supplement existing scientific knowledge of
the Missouri River system.
(3) Threatened and endangered species.--Of the amounts made
available under paragraph (1) for each fiscal year, $1,500,000
shall be made available to the Secretary of the Interior and
the State agencies with jurisdiction for Missouri River fish
and wildlife to monitor and conduct focused investigations of
endangered fish, including pallid sturgeon response to main
stem reservoir operations.
(4) State agency funding.--Funds authorized to be
appropriated under this section shall be made available as
necessary to contract with the State agencies with jurisdiction
for Missouri River fish and wildlife to collect field data and
support field operations for the monitoring component of the
program.
(5) Funding of focused investigations.--The focused
investigations component of the program established under this
section shall be funded using a competitive process. Each year,
the directors of the State fish and game agencies with
jurisdiction for Missouri River fish and wildlife, in
consultation with the Secretary of the Interior, and the
entities listed under section 2(b)(1), shall prioritize
information needs and issue a request for proposals to State,
Federal, for-profit, and not-for-profit organizations with
Missouri River interest and expertise. The directors and the
Secretary shall review and select those proposals to be funded. | Lewis and Clark Voyage of Scientific Discovery Act - Directs the Secretary of the Interior to establish a program at the River Studies Center of the Biological Resources Division of the United States Geological Survey in Columbia, Missouri, to determine and monitor the biological and chemical characteristics of the Missouri River, determine and monitor the relationship of those characteristics with the river's hydrology and geomorphology, and monitor and assess the river's biota and water quality. Requires contracts with Indian tribes whose reservations are located along the Missouri River and have an interest in environmental restoration.Requires establishment of a publicly available database.Makes a specified amount of funds provided under this Act available to monitor and conduct focused investigations of endangered fish, including pallid sturgeon. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to monitor the health of the Missouri River and measure biological, chemical, and physical responses to changes in river management and other significant variables."} | 1,208 | 166 | 0.613418 | 1.711738 | 0.696365 | 4.830882 | 8.654412 | 0.919118 |
s on the Budget.--
Section 301(a)(4) of the Congressional Budget Act of 1974 is amended to
read as follows:
``(4) subtotals of new budget authority and outlays for
nondefense discretionary spending, defense discretionary
spending, direct spending (excluding interest), interest, and
emergencies (for the reserve fund in section 316(b) and for
military operations in section 316(c));''.
(b) Additional Matters in Concurrent Resolution.--Section 301(b) of
the Congressional Budget Act of 1974 is amended as follows:
(1) Strike paragraphs (2), (4), and (6) through (9).
(2) After paragraph (1), insert the following new
paragraph:
``(2) require such other congressional procedures, relating
to the budget, as may be appropriate to carry out the purposes
of this Act;''.
(3) At the end of paragraph (3), insert ``and'' and
redesignate paragraph (5) as paragraph (4) and in such
paragraph strike the semicolon and insert a period.
(c) Required Contents of Report.--Section 301(e)(2) of the
Congressional Budget Act of 1974 is amended as follows:
(1) Redesignate subparagraphs (A), (B), (C), (D), (E), and
(F) as subparagraphs (B), (C), (E), (F), and (G), respectively.
(2) Before subparagraph (B) (as redesignated), insert the
following new subparagraph:
``(A) new budget authority and outlays for each
major functional category, based on allocations of the
total levels set forth pursuant to subsection
(a)(1);''.
(3) In subparagraph (C) (as redesignated), strike
``mandatory'' and insert ``direct spending''.
(d) Additional Contents of Report.--Section 301(e)(3) of the
Congressional Budget Act of 1974 is amended by striking ``and'' at the
end of subparagraph (D), by striking the period and inserting ``; and''
at the end of subparagraph (E), and by adding at the end the following
new subparagraph:
``(F) reconciliation directives described in
section 310.''.
(e) President's Budget Submission to the Congress.--(1) The first
two sentences of section 1105(a) of title 31, United States Code, are
amended to read as follows:
``On or after the first Monday in January but not later than the first
Monday in February of each year the President shall submit a budget of
the United States Government for the following fiscal year which shall
set forth the following levels:
``(A) totals of new budget authority and outlays;
``(B) total Federal revenues and the amount, if any, by
which the aggregate level of Federal revenues should be
increased or decreased by bills and resolutions to be reported
by the appropriate committees;
``(C) the surplus or deficit in the budget;
``(D) subtotals of new budget authority and outlays for
nondefense discretionary spending, defense discretionary
spending, direct spending (excluding interest), interest, and
emergencies (for the reserve fund in section 316(b) and for
military operations in section 316(c)); and
``(E) the public debt.
Each budget submission shall include a budget message and summary and
supporting information and, as a separately delineated statement, the
levels required in the preceding sentence for at least each of the 4
ensuing fiscal years.''.
(2) The third sentence of section 1105(a) of title 31, United
States Code, is amended by inserting ``submission'' after ``budget''.
(f) Conforming Amendments to Section 310 Regarding Reconciliation
Directives.--(1) Section 310(a) of such Act is amended by striking
``A'' and inserting ``The joint explanatory statement accompanying the
conference report on a''.
(2) The first sentence of section 310(b) of such Act is amended by
striking ``If'' and inserting ``If the joint explanatory statement
accompanying the conference report on''.
(3) Section 310(c)(1) of such Act is amended by inserting ``the
joint explanatory statement accompanying the conference report on''
after ``pursuant to''.
TITLE II--EMERGENCIES
SEC. 201. REPEAL OF ADJUSTMENTS FOR EMERGENCIES.
(a) Elimination of Emergency Designation.--Sections 251(b)(2)(A),
252(e), and 252(d)(4)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985 are repealed.
(b) Elimination of Adjustments.--Section 314(b) of the
Congressional Budget Act of 1974 is amended by striking paragraph (1)
and by redesignating paragraphs (2) through (5) as paragraphs (1)
through (4), respectively.
(c) Conforming Amendment.--Clause 2 of rule XXI of the Rules of the
House of Representatives is amended by repealing paragraph (e) and by
redesignating paragraph (f) as paragraph (e).
SEC. 202. OMB EMERGENCY CRITERIA.
Section 3 of the Congressional Budget and Impoundment Control Act
of 1974 is amended by adding at the end the following new paragraph:
``(11)(A) The term `emergency' means an underlying
situation that--
``(i) requires new budget authority and outlays (or
new budget authority and the outlays flowing therefrom)
for the prevention or mitigation of, or response to,
loss of life or property, or a threat to national
security; and
``(ii) is unanticipated.
``(B) As used in subparagraph (A), the term `unanticipated'
means that the situation is--
``(i) sudden, which means quickly coming into being
or not building up over time;
``(ii) urgent, which means a pressing and
compelling need requiring immediate action;
``(iii) unforeseen, which means not predicted or
anticipated as an emerging need; and
``(iv) temporary, which means not of a permanent
duration.''.
SEC. 203. DEVELOPMENT OF GUIDELINES FOR APPLICATION OF EMERGENCY
DEFINITION.
Not later than 5 months after the date of enactment of this Act,
the chairmen of the Committees on the Budget (in consultation with the
President) shall, after consulting with the chairmen of the Committees
on Appropriations and applicable authorizing committees of their
respective Houses and the Directors of the Congressional Budget Office
and the Office of Management and Budget, jointly publish in the
Congressional Record guidelines for application of the definition of
emergency set forth in section 3(11) of the Congressional Budget and
Impoundment Control Act of 1974.
SEC. 204. RESERVE FUND FOR EMERGENCIES IN PRESIDENT'S BUDGET.
Section 1105(f) of title 31, United States Code is amended by
adding at the end the following new sentences: ``Such budget submission
shall also comply with the requirements of subsections (b) and (c) of
section 316 of the Congressional Budget Act of 1974 and, in the case of
any budget authority requested for an emergency, such submission shall
include a detailed justification of why such emergency is an emergency
within the meaning of section 3(11) of the Congressional Budget Act of
1974.''.
SEC. 205. BUDGETING FOR EMERGENCIES.
(a) Emergencies.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``emergencies
``Sec. 316. (a) Adjustments.--
``(1) In general.--After the reporting of a bill or joint
resolution or the submission of a conference report thereon
that provides budget authority for any emergency as identified
pursuant to subsection (d) that is not covered by subsection
(c)--
``(A) the chairman of the Committee on the Budget
of the House of Representatives or the Senate shall
determine and certify, pursuant to the guidelines
referred to in section 203 of the , the portion (if
any) of the amount so specified that is for an
emergency within the meaning of section 3(11); and
``(B) such chairman shall make the adjustment set
forth in paragraph (2) for the amount of new budget
authority (or outlays) in that measure and the outlays
flowing from that budget authority.
``(2) Matters to be adjusted.--The adjustments referred to
in paragraph (1) are to be made to the allocations made
pursuant to the appropriate concurrent resolution on the budget
pursuant to section 302(a) and shall be in an amount not to
exceed the amount reserved for emergencies pursuant to the
requirements of subsection (b).
``(b) Reserve Fund for Nonmilitary Emergencies.--The amount set
forth in the reserve fund for emergencies for budget authority and
outlays for a fiscal year pursuant to section 301(a)(4) shall equal--
``(1) the average of the enacted levels of budget authority
for emergencies (other than those covered by subsection (c)) in
the 5 fiscal years preceding the current year; and
``(2) the average of the levels of outlays for emergencies
in the 5 fiscal years preceding the current year flowing from
the budget authority referred to in paragraph (1), but only in
the fiscal year for which such budget authority first becomes
available for obligation.
``(c) Treatment of Emergencies to Fund Certain Military
Operations.--Whenever the Committee on Appropriations reports any bill
or joint resolution that provides budget authority for any emergency
that is a threat to national security and the funding of which carries
out a military operation authorized by a declaration of war or a joint
resolution authorizing the use of military force (or economic
assistance funding in furtherance of such operation) and the report
accompanying that bill or joint resolution, pursuant to subsection (d),
identifies any provision that increases outlays or provides budget
authority (and the outlays flowing therefrom) for such emergency, the
enactment of which would cause the total amount of budget authority or
outlays provided for emergencies for the budget year in the joint
resolution on the budget (pursuant to section 301(a)(4)) to be
exceeded:
``(1) Such bill or joint resolution shall be referred to
the Committee on the Budget of the House or the Senate, as the
case may be, with instructions to report it without amendment,
other than that specified in paragraph (2), within 5
legislative days of the day in which it is reported from the
originating committee. If the Committee on the Budget of either
House fails to report a bill or joint resolution referred to it
under this subparagraph within such 5-day period, the committee
shall be automatically discharged from further consideration of
such bill or joint resolution and such bill or joint resolution
shall be placed on the appropriate calendar.
``(2) An amendment to such a bill or joint resolution
referred to in this subsection shall only consist of an
exemption from section 251 of the Balanced Budget and Emergency
Deficit Control Act of 1985 of all or any part of the
provisions that provide budget authority (and the outlays
flowing therefrom) for such emergency if the committee
determines, pursuant to the guidelines referred to in section
203 of the Emergency Spending Control Act of 2005, that such
budget authority is for an emergency within the meaning of
section 3(11).
``(3) If such a bill or joint resolution is reported with
an amendment specified in paragraph (2) by the Committee on the
Budget of the House of Representatives or the Senate, then the
budget authority and resulting outlays that are the subject of
such amendment shall not be included in any determinations
under section 302(f) or 311(a) for any bill, joint resolution,
amendment, motion, or conference report.
``(d) Committee Notification of Emergency Legislation.--Whenever
the Committee on Appropriations or any other committee of either House
(including a committee of conference) reports any bill or joint
resolution that provides budget authority for any emergency, the report
accompanying that bill or joint resolution (or the joint explanatory
statement of managers in the case of a conference report on any such
bill or joint resolution) shall identify all provisions that provide
budget authority and the outlays flowing therefrom for such emergency
and include a statement of the reasons why such budget authority meets
the definition of an emergency pursuant to the guidelines referred to
in section 203 of the Emergency Spending Control Act of 2005.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 315 the
following new item:
``316. Emergencies.''.
SEC. 206. APPLICATION OF SECTION 306 TO EMERGENCIES IN EXCESS OF
AMOUNTS IN RESERVE FUND.
Section 306 of the Congressional Budget Act of 1974 is amended by
inserting at the end the following new sentence: ``No amendment
reported by the Committee on the Budget (or from the consideration of
which such committee has been discharged) pursuant to section 316(c)
may be amended.''.
SEC. 207. UP-TO-DATE TABULATIONS.
Section 308(b)(2) of the Congressional Budget Act of 1974 is
amended by striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``; and'', and
by adding at the end the following new subparagraph:
``(D) shall include an up-to-date tabulation of
amounts remaining in the reserve fund for
emergencies.''. | Emergency Spending Control Act of 2005 - Amends the Congressional Budget Act of 1974 to revise the contents of the annual concurrent resolution on the budget (eliminating certain matters in an effort to keep such resolution to one page).
Requires the report accompanying the budget resolution to include: (1) new budget authority and outlays for each major functional category, based on allocations of the total levels set forth in the resolution; and (2) with respect to each major functional category, an estimate of total new budget authority and total outlays, with the estimates divided between discretionary and direct (currently, mandatory) spending amounts.
Allows reconciliation directives to be included in the report.
Modifies the President's budget request to Congress to eliminate most current requirements and include only: (1) totals of new budget authority and outlays; (2) total Federal revenues and the amount, if any, by which their aggregate level should be increased or decreased by bills and resolutions to be reported by the appropriate committees; (3) the surplus or deficit in the budget; (4) subtotals of new budget authority and outlays for nondefense and defense discretionary spending, direct spending (excluding interest), interest, and emergencies (for the reserve fund and for military operations in the Act); (5) the public debt; and (6) as a separately delineated statement, the levels required in (1) through (5) for at least each of the four ensuing fiscal years.
Repeals sequestration requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) regarding: (1) adjustments for emergency appropriations (except those covering agricultural crop disaster assistance); (2) emergency legislation; and (3) the scope of estimates of such legislation.
Eliminates adjustments of appropriations designated as emergency requirements under the Congressional Budget Act of 1974.
Amends the Congressional Budget and Impoundment Control Act of 1974 to define "emergency" as an unanticipated situation that requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security.
Amends the Congressional Budget Act of 1974 to set forth requirements with respect to: (1) the President's budget request for reserve funds for emergencies; (2) treatment of emergency legislation to fund both nonmilitary emergencies and certain military operations; and (3) committee notification of any emergency legislation.
Prohibits floor amendments to amendments reported by the Committee on the Budget (or from the consideration of which the Committee has been discharged) with respect to legislation for emergency reserve funds for certain military operations.
Requires congressional summary budget scorekeeping reports to include an up-to-date tabulation of amounts remaining in the reserve fund for emergencies. | {"src": "billsum_train", "title": "To amend the Congressional Budget Act of 1974 to simplify annual concurrent resolutions on the budget and to budget for emergencies."} | 3,085 | 600 | 0.580636 | 1.705713 | 0.757166 | 4.441606 | 5.096715 | 0.90146 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ukraine Cybersecurity Cooperation
Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States established diplomatic relations with
Ukraine in 1992, following Ukraine's independence from the
Soviet Union.
(2) The United States attaches great importance to the
success of Ukraine's transition to a modern democratic country
with a flourishing market economy.
(3) In an effort to undermine democracy in Ukraine, hackers
targeted the country's voting infrastructure just days before
its 2014 presidential election.
(4) In December 2015, a malicious cyber intrusion into
Ukrainian electric utility companies resulted in widespread
power outages.
(5) As a result of the December 2015 cyber incident, the
United States sent an interagency team to Ukraine, including
representatives from the Department of Energy, the Federal
Bureau of Investigation, and the North American Electric
Reliability Corporation, to help with the investigation and to
assess the vulnerability of Ukraine's infrastructure to cyber
intrusion. The visit was followed up by another interagency
delegation to Ukraine in March 2016 and a May 2016 United
States-Ukrainian tabletop exercise on mitigating attacks
against Ukraine's infrastructure.
(6) In response to an escalating series of cyber attacks on
the country's critical infrastructure--including its national
railway system, its major stock exchanges, and its busiest
airport--President Petro Poroshenko declared that ``Cyberspace
has turned into another battlefield for state independence.''.
(7) In May 2017, Ukraine cited activities on Russian social
media platforms, including pro-Russian propaganda and offensive
cyber operations, as threats to Ukrainian national security.
(8) Following the June 2017 Petya malware event--a global
cyber incident that primarily affected Ukraine--the Secretary
General of the North Atlantic Treaty Organization (NATO) said
``the cyber attacks we have seen * * * very much highlight the
importance of the support, the help NATO provides * * * gives *
* * or provides to Ukraine to strengthen its cyber defenses,
technical and other kinds of support. We will continue to do
that and it's an important part of our cooperation with
Ukraine.''.
(9) In September 2017, the United States and Ukraine
conducted the first United States-Ukraine Bilateral Cyber
Dialogue in Kyiv, during which both sides affirmed their
commitment to an internet that is open, interoperable,
reliable, and secure, and the United States announced $5
million in new cyber assistance to strengthen Ukraine's ability
to prevent, mitigate, and respond to cyber attacks.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) reaffirm the United States-Ukraine Charter on Strategic
Partnership, which highlights the importance of the bilateral
relationship and outlines enhanced cooperation in the areas of
defense, security, economics and trade, energy security,
democracy, and cultural exchanges;
(2) support continued cooperation between NATO and Ukraine;
(3) support Ukraine's political and economic reforms;
(4) reaffirm the commitment of the United States to the
Budapest Memorandum on Security Assurances;
(5) assist Ukraine's efforts to enhance its cybersecurity
capabilities; and
(6) improve Ukraine's ability to respond to Russian-
supported disinformation and propaganda efforts in cyberspace,
including through social media and other outlets.
SEC. 4. UNITED STATES CYBERSECURITY COOPERATION WITH UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should take the following actions, commensurate with
United States interests, to assist Ukraine to improve its
cybersecurity:
(1) Provide Ukraine such support as may be necessary to
secure government computer networks from malicious cyber
intrusions, particularly such networks that defend the critical
infrastructure of Ukraine.
(2) Provide Ukraine support in reducing reliance on Russian
information and communications technology.
(3) Assist Ukraine to build its capacity, expand
cybersecurity information sharing, and cooperate on
international cyberspace efforts.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on United States
cybersecurity cooperation with Ukraine. Such report shall also include
information relating to the following:
(1) United States efforts to strengthen Ukraine's ability
to prevent, mitigate, and respond to cyber incidents, including
through training, education, technical assistance, capacity
building, and cybersecurity risk management strategies.
(2) The potential for new areas of collaboration and mutual
assistance between the United States and Ukraine in addressing
shared cyber challenges, including cybercrime, critical
infrastructure protection, and resilience against botnets and
other automated, distributed threats.
(3) NATO's efforts to help Ukraine develop technical
capabilities to counter cyber threats.
Passed the House of Representatives February 7, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Ukraine Cybersecurity Cooperation Act of 2017 (Sec. 3) This bill states that is U.S. policy to: (1) reaffirm the United States-Ukraine Charter on Strategic Partnership, which highlights the bilateral relationship's importance and outlines enhanced cooperation in defense, security, economics and trade, energy security, and democracy; (2) support continued cooperation between the North Atlantic Treaty Organization (NATO) and Ukraine; (3) support Ukraine's political and economic reforms; (4) reaffirm the commitment of the United States to the Budapest Memorandum on Security Assurances; (5) assist Ukraine's efforts to enhance its cybersecurity capabilities; and (6) improve Ukraine's ability to respond to Russian-supported disinformation and propaganda efforts in cyberspace, including through social media. (Sec. 4) It is the sense of Congress that the Department of State should take the following actions, commensurate with U.S. interests, to help Ukraine improve its cybersecurity: (1) provide Ukraine necessary support to secure government computer networks from cyber intrusions, particularly networks that defend critical infrastructure; (2) provide Ukraine support to reduce reliance on Russian information and communications technology; and (3) help Ukraine build capacity, expand cybersecurity information sharing, and cooperate on international cyberspace efforts. The State Department shall report to Congress on U.S.-Ukraine cybersecurity cooperation. Such report shall also include information on: (1) U.S. efforts to strengthen Ukraine's ability to prevent and respond to cyber incidents; (2) the potential for new areas of U.S.-Ukraine mutual assistance in addressing shared cyber challenges, including cyber crime, critical infrastructure protection, and resilience against botnets and other automated, distributed threats; and (3) NATO's efforts to help Ukraine develop technical capabilities to counter cyber threats. | {"src": "billsum_train", "title": "Ukraine Cybersecurity Cooperation Act of 2017"} | 1,068 | 378 | 0.64644 | 2.327399 | 0.873047 | 5.901198 | 3.098802 | 0.973054 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Graton Rancheria Restoration Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In their 1997 Report to Congress, the Advisory Council
on California Indian Policy specifically recommended the
immediate legislative restoration of the Graton Rancheria.
(2) The Federated Indians of Graton Rancheria Tribal
Council has made the express decision to restrict gaming
consistent with the provisions of this Act.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Tribe'' means the Indians of the Graton
Rancheria of California.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Interim Tribal Council'' means the governing
body of the Tribe specified in section 7.
(4) The term ``member'' means an individual who meets the
membership criteria under section 6(b).
(5) The term ``State'' means the State of California.
(6) The term ``reservation'' means those lands acquired and
held in trust by the Secretary for the benefit of the Tribe.
(7) The term ``service area'' means the counties of Marin
and Sonoma, in the State of California.
SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.
(a) Federal Recognition.--Federal recognition is hereby restored to
the Tribe. Except as otherwise provided in this Act, all laws and
regulations of general application to Indians and nations, tribes, or
bands of Indians that are not inconsistent with any specific provision
of this Act shall be applicable to the Tribe and its members.
(b) Restoration of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the Tribe and its members
under any Federal treaty, Executive order, agreement, or statute, or
under any other authority which were diminished or lost under the Act
of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby
restored, and the provisions of such Act shall be inapplicable to the
Tribe and its members after the date of the enactment of this Act.
(c) Federal Services and Benefits.--
(1) In general.--Without regard to the existence of a
reservation, the Tribe and its members shall be eligible, on
and after the date of the enactment of this Act for all Federal
services and benefits furnished to federally recognized Indian
tribes or their members. For the purposes of Federal services
and benefits available to members of federally recognized
Indian tribes residing on a reservation, members of the Tribe
residing in the Tribe's service area shall be deemed to be
residing on a reservation.
(2) Relation to other laws.--The eligibility for or receipt
of services and benefits under paragraph (1) by a tribe or
individual shall not be considered as income, resources, or
otherwise when determining the eligibility for or computation
of any payment or other benefit to such tribe, individual, or
household under--
(A) any financial aid program of the United States,
including grants and contracts subject to the Indian
Self-Determination Act; or
(B) any other benefit to which such tribe,
household, or individual would otherwise be entitled
under any Federal or federally assisted program.
(d) Hunting, Fishing, Trapping, Gathering, and Water Rights.--
Nothing in this Act shall expand, reduce, or affect in any manner any
hunting, fishing, trapping, gathering, or water rights of the Tribe and
its members.
(e) Certain Rights Not Altered.--Except as specifically provided in
this Act, nothing in this Act shall alter any property right or
obligation, any contractual right or obligation, or any obligation for
taxes levied.
SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.
(a) Lands To Be Taken in Trust.--Upon application by the Tribe, the
Secretary shall accept into trust for the benefit of the Tribe any real
property located in Marin or Sonoma County, California, for the benefit
of the Tribe after the property is conveyed or otherwise transferred to
the Secretary and if, at the time of such conveyance or transfer, there
are no adverse legal claims to such property, including outstanding
liens, mortgages, or taxes.
(b) Former Trust Lands of the Graton Rancheria.--Subject to the
conditions specified in this section, real property eligible for trust
status under this section shall include Indian owned fee land held by
persons listed as distributees or dependent members in the distribution
plan approved by the Secretary on September 17, 1959, or such
distributees' or dependent members' Indian heirs or successors in
interest.
(c) Lands To Be Part of Reservation.--Any real property taken into
trust for the benefit of the Tribe pursuant to this Act shall be part
of the Tribe's reservation.
(d) Gaming Restricted.--Notwithstanding subsection (c), real
property taken into trust for the benefit of the Tribe pursuant to this
Act shall not be exempt under section 20(b) of the Indian Gaming
Regulatory Act (25 U.S.C. 2719(b)).
(e) Lands To Be Nontaxable.--Any real property taken into trust for
the benefit of the Tribe pursuant to this section shall be exempt from
all local, State, and Federal taxation as of the date that such land is
transferred to the Secretary.
SEC. 6. MEMBERSHIP ROLLS.
(a) Compilation of Tribal Membership Roll.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall, after
consultation with the Tribe, compile a membership roll of the Tribe.
(b) Criteria for Membership.--
(1) Until a tribal constitution is adopted under section 8,
an individual shall be placed on the Graton membership roll if
such individual is living, is not an enrolled member of another
federally recognized Indian tribe, and if--
(A) such individual's name was listed on the Graton
Indian Rancheria distribution list compiled by the
Bureau of Indian Affairs and approved by the Secretary
of the Interior on September 17, 1959, under Public Law
85-671;
(B) such individual was not listed on the Graton
Indian Rancheria distribution list, but met the
requirements that had to be met to be listed on the
Graton Indian Rancheria distribution list;
(C) such individual is identified as an Indian from
the Graton, Marshall, Bodega, Tomales, or Sebastopol,
California, vicinities, in documents prepared by or at
the direction of the Bureau of Indian Affairs, or in
any other public or California mission records; or
(D) such individual is a lineal descendant of an
individual, living or dead, identified in subparagraph
(A), (B), or (C).
(2) After adoption of a tribal constitution under section
8, such tribal constitution shall govern membership in the
Tribe.
(c) Conclusive Proof of Graton Indian Ancestry.--For the purpose of
subsection (b), the Secretary shall accept any available evidence
establishing Graton Indian ancestry. The Secretary shall accept as
conclusive evidence of Graton Indian ancestry information contained in
the census of the Indians from the Graton, Marshall, Bodega, Tomales,
or Sebastopol, California, vicinities, prepared by or at the direction
of Special Indian Agent John J. Terrell in any other roll or census of
Graton Indians prepared by or at the direction of the Bureau of Indian
Affairs and in the Graton Indian Rancheria distribution list compiled
by the Bureau of Indian Affairs and approved by the Secretary on
September 17, 1959.
SEC. 7. INTERIM GOVERNMENT.
Until the Tribe ratifies a final constitution consistent with
section 8, the Tribe's governing body shall be an Interim Tribal
Council. The initial membership of the Interim Tribal Council shall
consist of the members serving on the date of the enactment of this
Act, who have been elected under the tribal constitution adopted May 3,
1997. The Interim Tribal Council shall continue to operate in the
manner prescribed under such tribal constitution. Any vacancy on the
Interim Tribal Council shall be filled by individuals who meet the
membership criteria set forth in section 6(b) and who are elected in
the same manner as are Tribal Council members under the tribal
constitution adopted May 3, 1997.
SEC. 8. TRIBAL CONSTITUTION.
(a) Election; Time; Procedure.--After the compilation of the tribal
membership roll under section 6(a), upon the written request of the
Interim Council, the Secretary shall conduct, by secret ballot, an
election for the purpose of ratifying a final constitution for the
Tribe. The election shall be held consistent with sections 16(c)(1) and
16(c)(2)(A) of the Act of June 18, 1934 (commonly known as the Indian
Reorganization Act; 25 U.S.C. 476(c)(1) and 476(c)(2)(A),
respectively). Absentee voting shall be permitted regardless of voter
residence.
(b) Election of Tribal Officials; Procedures.--Not later than 120
days after the Tribe ratifies a final constitution under subsection
(a), the Secretary shall conduct an election by secret ballot for the
purpose of electing tribal officials as provided in such tribal
constitution. Such election shall be conducted consistent with the
procedures specified in subsection (a) except to the extent that such
procedures conflict with the tribal constitution.
Passed the House of Representatives June 19, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Graton Rancheria Restoration Act - Restores Federal recognition and associated rights, privileges, and eligibility for Federal services and benefits to the Indians of the Graton Rancheria of California (the Tribe).
Requires the Secretary of the Interior, upon application by the Tribe, to accept in trust for the Tribe any real property located in Marin or Sonoma County, California, after the property is conveyed to the Secretary if there are no adverse legal claims to such property. Provides that any such property shall: (1) be part of the Tribe's reservation; (2) not be exempt from the Indian Gaming Regulatory Act; and (3) be exempt from all local, State, and Federal taxation.
Directs the Secretary to compile a membership roll of the Tribe not later than one year after the date of the enactment of this Act.
Provides for: (1) an Interim Tribal Council to be the Tribe's governing body; (2) an election to ratify a Tribal constitution; and (3) the election of Tribal officials under such constitution. | {"src": "billsum_train", "title": "Graton Rancheria Restoration Act"} | 2,162 | 237 | 0.671074 | 1.891735 | 0.797598 | 3.852941 | 9.421569 | 0.960784 |
SECTION 1. PILOT PROGRAM IN CERTAIN DISTRICT COURTS.
(a) Establishment.--
(1) In general.--There is established a program, in each of
the United States district courts designated under subsection
(b), under which--
(A) those district judges of that district court
who request to hear cases under which one or more
issues arising under any Act of Congress relating to
patents or plant variety protection must be decided,
are designated by the chief judge of the court to hear
those cases;
(B) cases described in subparagraph (A) are
randomly assigned to the judges of the district court,
regardless of whether the judges are designated under
subparagraph (A);
(C) a judge not designated under subparagraph (A)
to whom a case is assigned under subparagraph (B) may
decline to accept the case; and
(D) a case declined under subparagraph (C) is
randomly reassigned to one of those judges of the court
designated under subparagraph (A).
(2) Senior judges.--Senior judges of a district court may
be designated under paragraph (1)(A) if at least 1 judge of the
court in regular active service is also so designated.
(3) Right to transfer cases preserved.--This section shall
not be construed to limit the ability of a judge to request the
reassignment of or otherwise transfer a case to which the judge
is assigned under this section, in accordance with otherwise
applicable rules of the court.
(b) Designation.--The Director of the Administrative Office of the
United States Courts shall, not later than 6 months after the date of
the enactment of this Act, designate not less than 5 United States
district courts, in at least 3 different judicial circuits, in which
the program established under subsection (a) will be carried out. The
Director shall make such designation from among the 15 district courts
in which the largest number of patent and plant variety protection
cases were filed in the most recent calendar year that has ended,
except that the Director may only designate a court in which--
(1) at least 10 district judges are authorized to be
appointed by the President, whether under section 133(a) of
title 28, United States Code, or on a temporary basis under
other provisions of law; and
(2) at least 3 judges of the court have made the request
under subsection (a)(1)(A).
(c) Duration.--The program established under subsection (a) shall
terminate 10 years after the end of the 6-month period described in
subsection (b).
(d) Applicability.--The program established under subsection (a)
shall apply in a district court designated under subsection (b) only to
cases commenced on or after the date of such designation.
(e) Reporting to Congress.--
(1) In general.--At the times specified in paragraph (2),
the Director of the Administrative Office of the United States
Courts, in consultation with the chief judge of each of the
district courts designated under subsection (b) and the
Director of the Federal Judicial Center, shall submit to the
Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate a report on the
pilot program established under subsection (a). The report
shall include--
(A) an analysis of the extent to which the program
has succeeded in developing expertise in patent and
plant variety protection cases among the district
judges of the district courts so designated;
(B) an analysis of the extent to which the program
has improved the efficiency of the courts involved by
reason of such expertise;
(C) with respect to patent cases handled by the
judges designated pursuant to subsection (a)(1)(A) and
judges not so designated, a comparison between the 2
groups of judges with respect to--
(i) the rate of reversal by the Court of
Appeals for the Federal Circuit, of such cases
on the issues of claim construction and
substantive patent law; and
(ii) the period of time elapsed from the
date on which a case is filed to the date on
which trial begins or summary judgment is
entered;
(D) a discussion of any evidence indicating that
litigants select certain of the judicial districts
designated under subsection (b) in an attempt to ensure
a given outcome; and
(E) an analysis of whether the pilot program should
be extended to other district courts, or should be made
permanent and apply to all district courts.
(2) Timetable for reports.--The times referred to in
paragraph (1) are--
(A) not later than the date that is 5 years and 3
months after the end of the 6-month period described in
subsection (b); and
(B) not later than 5 years after the date described
in subparagraph (A).
(3) Periodic reporting.--The Director of the Administrative
Office of the United States Courts, in consultation with the
chief judge of each of the district courts designated under
subsection (b) and the Director of the Federal Judicial Center,
shall keep the committees referred to in paragraph (1)
informed, on a periodic basis while the pilot program is in
effect, with respect to the matters referred to in
subparagraphs (A) through (E) of paragraph (1).
(f) Authorization for Training and Clerkships.--In addition to any
other funds made available to carry out this section, there is
authorized to be appropriated not less than $5,000,000 in each fiscal
year for--
(1) educational and professional development of those
district judges designated under subsection (a)(1)(A) in
matters relating to patents and plant variety protection; and
(2) compensation of law clerks with expertise in technical
matters arising in patent and plant variety protection cases,
to be appointed by the courts designated under subsection (b)
to assist those courts in such cases.
Amounts made available pursuant to this subsection shall remain
available until expended.
Passed the House of Representatives February 12, 2007.
Attest:
KAREN L. HAAS,
Clerk. | Establishes a pilot program in certain U.S. district courts under which: (1) those district judges who request to hear cases involving patent or plant variety protection issues are designated by the chief judge to hear them; (2) such cases are randomly assigned to the district court judges, regardless of whether they are designated; (3) a judge not designated to whom such a case is assigned may decline to accept the case; and (4) a case so declined is randomly reassigned to one of those judges so designated. | {"src": "billsum_train", "title": "To establish a pilot program in certain United States district courts to encourage enhancement of expertise in patent cases among district judges."} | 1,288 | 108 | 0.651564 | 1.819699 | 1.152884 | 3.415842 | 12.287129 | 0.940594 |
SECTION 1. MODIFIED PROCEDURES.
(a) In General.--Section 404(d) of title 39, United States Code, is
amended by striking the matter before paragraph (5) and inserting the
following:
``(d)(1) Before making any determination under subsection (a)(3) to
close or consolidate a post office, the Postal Service shall conduct an
investigation to assess the need for the proposed closure or
consolidation and shall provide appropriate notice to the persons
served by such post office to ensure that such persons will have an
opportunity to present their views. Such notice shall be made to each
person by mail, as well as by publication in newspapers of general
circulation in the area within which such persons reside.
``(2) In deciding whether or not to close or consolidate a post
office, the Postal Service--
``(A) shall consider--
``(i) the effect such closing or consolidation
would have on the community served by such post office;
``(ii) the effect such closing or consolidation
would have on employees of the Postal Service employed
at such office; and
``(iii) whether such closing or consolidation would
be consistent with the policy of the Government, as
stated in section 101(b), that the Postal Service shall
provide a maximum degree of effective and regular
postal services to rural areas, communities, and small
towns where post offices are not self-sustaining; and
``(B) may not consider compliance with any provision of the
Occupational Safety and Health Act of 1970.
``(3)(A) A decision to proceed with the proposal to close or
consolidate, following an investigation under paragraph (1), shall be
made in writing and shall include the findings of the Postal Service
with respect to each of the considerations specified in paragraph
(2)(A).
``(B) Notice of the decision and findings under subparagraph (A)
shall be posted prominently in each post office that would be affected,
and notice of the posting shall be sent by mail to all persons served
by such post office, at least 90 days before a final determination is
made, to ensure that such persons will have an opportunity to submit
comments.
``(C) Any posting under subparagraph (B) shall include the
following: `This is notice of a proposal to _____ this post office. A
final determination will not be made before the end of the 90-day
period beginning on the date on which this notice is first posted.',
with the blank space being filled in with `close' or `consolidate'
(whichever is appropriate), and with instructions for how any
interested person may submit comments.
``(4) A final determination to close or consolidate a post office
shall be made, in writing, after taking into consideration any comments
received in the course of the 90-day period referred to in paragraph
(3). The Postal Service shall take no action to close or consolidate a
post office before the end of the 60-day period beginning on the date
as of which the Postal Service--
``(A) posts a copy of its final determination in a
prominent location in each affected post office; and
``(B) sends to all persons served by such post office--
``(i) a notice of such determination; and
``(ii) notice of any appeal rights available with
respect to such determination.''.
(b) Suspension Pending Appeal.--Section 404(d)(5) of title 39,
United States Code, is amended in the next to last sentence by striking
``may suspend'' and inserting ``shall suspend''.
(c) Exception.--Section 404(d) of title 39, United States Code, is
amended by adding at the end the following:
``(7) The preceding provisions of this subsection shall not apply
in the case of a closing or consolidation which occurs--
``(A) by reason of an emergency suspension, as defined
under regulations of the Postal Service; or
``(B) in the case of a leased facility, by reason of the
termination or cancellation of the lease by a party other than
the Postal Service.''.
SEC. 2. DEFINITIONS.
Section 404 of title 39, United States Code, is amended by adding
at the end the following:
``(f) For purposes of this section--
``(1) the term `post office' includes an office, branch,
station, or other facility which--
``(A) is operated by the Postal Service; and
``(B) provides services to persons described in
paragraph (2); and
``(2) any reference to the persons served by a post office
shall include any postal patrons receiving mail delivery
service from such post office, residents within any ZIP code
served by such post office, postal patrons holding post office
boxes at such post office, and (as further defined under
regulations of the Postal Service) the relevant local
government officials.''. | Modifies the procedures the U.S. Postal Service must follow in connection with the closing or consolidation of any post office, including: (1) requiring an assessment of the need for the closure or consolidation; (2) eliminating a requirement to consider the resulting Postal Service economic savings; (3) requiring a posting in each affected post office at least 90 days before the final decision is made; and (4) requiring (currently, allowing) suspension of the determination pending an appeal to the Postal Regulatory Commission. Provides for exceptions for emergency suspensions (as defined under Postal Service regulations) or lease termination or cancellation by a party other than the Postal Service.
Defines "post office," for the provisions amended by this Act, to include an office, branch, station, or other facility operated by the Postal Service. | {"src": "billsum_train", "title": "To amend title 39, United States Code, to modify the procedures governing the closure or consolidation of post offices."} | 1,068 | 178 | 0.520882 | 1.439041 | 0.860615 | 2.220126 | 6.597484 | 0.849057 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Medical Facility Authorization and Lease Act of 2008''.
SEC. 2. AUTHORIZATION FOR FISCAL YEAR 2009 MAJOR MEDICAL FACILITY
PROJECTS.
The Secretary of Veterans Affairs may carry out the following major
medical facility projects in fiscal year 2009 in the amount specified
for each project:
(1) Seismic corrections, Building 2, at the Department of
Veterans Affairs Palo Alto Health care System, Palo Alto
Division Palo Alto, California, in an amount not to exceed
$54,000,000.
(2) Construction of a polytrauma healthcare and
rehabilitation center at the Department of Veterans Affairs
Medical Center, San Antonio, Texas, in an amount not to exceed
$66,000,000.
(3) Seismic corrections, Building 1, at the Department of
Veterans Affairs Medical Center, San Juan, Puerto Rico, in an
amount not to exceed $225,900,000.
SEC. 3. MODIFICATION OF AUTHORIZATION AMOUNTS FOR CERTAIN MAJOR MEDICAL
FACILITY CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED.
(a) Modification of Major Medical Facility Authorizations.--Section
801(a) of the Veterans Benefits, Health Care, and Information
Technology Act of 2006 (Public Law 109-461) is amended--
(1) in paragraph (1)--
(A) by striking ``$300,000,000'' and inserting
``$625,000,000''; and
(B) by striking the second sentence; and
(2) in paragraph (3), by striking ``$98,000,000'' and
inserting ``$769,200,000''.
(b) Modification of Authorization for Certain Major Medical
Facility Construction Projects Previously Authorized in Connection With
Capital Asset Realignment Initiative.--
(1) Correction of patient privacy deficiencies at the
department of veterans affairs medical center, gainesville,
florida.--Paragraph (5) of section 802 of the Veterans
Benefits, Health Care, and Information Technology Act of 2006
(Public Law 109-461) is amended by striking ``$85,200,000'' and
inserting ``$136,700,000''.
(2) Construction of a new medical center facility at the
department of veterans affairs medical center, las vegas,
nevada.--Paragraph (7) of such section is amended by striking
``$406,000,000'' and inserting ``$600,400,000''.
(3) Construction of a new outpatient clinic, lee county,
florida.--Paragraph (8) of such section is amended--
(A) by striking ``ambulatory'' and all that follows
through ``purchase,'' and inserting ``outpatient clinic
in''; and
(B) by striking ``$65,100,000'' and inserting
``$131,800,000''.
(4) Construction of a new medical center facility, orlando,
florida.--Paragraph (11) of such section is amended by striking
``$377,700,000'' and inserting ``$656,800,000''.
(5) Consolidation of campuses at the university drive and
h. john heinz iii divisions, pittsburgh, pennsylvania.--
Paragraph (12) of such section is amended by striking
``$189,205,000'' and inserting ``$295,600,000''.
SEC. 4. AUTHORIZATION OF FISCAL YEAR 2009 MAJOR MEDICAL FACILITY
LEASES.
The Secretary of Veterans Affairs may carry out the following major
medical facility leases in fiscal year 2009 at the locations specified,
and in an amount for each lease not to exceed the amount shown for such
location:
(1) For an outpatient clinic, Brandon, Florida, $4,326,000.
(2) For an outpatient clinic, Colorado Springs, Colorado,
$3,995,000.
(3) For an outpatient clinic, Eugene, Oregon, $5,826,000.
(4) For the expansion of an outpatient clinic, Green Bay,
Wisconsin, $5,891,000.
(5) For an outpatient clinic, Greenville, South Carolina,
$3,731,000.
(6) For an outpatient clinic, Mansfield, Ohio, $2,212,000.
(7) For an outpatient clinic, Mayaguez, Puerto Rico,
$6,276,000.
(8) For an outpatient clinic, Mesa, Arizona, $5,106,000.
(9) For interim research space, Palo Alto, California,
$8,636,000.
(10) For the expansion of an outpatient clinic, Savannah,
Georgia, $3,168,000.
(11) For an outpatient clinic, Sun City, Arizona,
$2,295,000.
(12) For a primary care annex, Tampa, Florida, $8,652,000.
SEC. 5. AUTHORIZATION OF CONSTRUCTION OF MAJOR MEDICAL FACILITY,
OKALOOSA COUNTY, FLORIDA.
(a) Authorization.--The Secretary of Veterans Affairs shall carry
out a major medical facility project to construct a new medical
facility of the Department of Veterans Affairs in Okaloosa County,
Florida, in an amount not to exceed $54,475,000.
(b) Facility Location.--The facility authorized to be constructed
pursuant to subsection (a) shall be built in accordance with option 2
of the report to Congress dated June 26, 2007, required to be submitted
under section 823 of the Veterans Benefits, Health Care, and
Information Technology Act of 2006 (Public Law 109-461; 120 Stat.
3449).
(c) Plan for Sharing of Inpatient and Outpatient Services.--Not
later than 180 days after the date of the enactment of the Act, the
Secretary of Veterans Affairs shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a plan
that sets forth terms and conditions for the sharing of inpatient and
outpatient services at the medical facility authorized to be
constructed pursuant to subsection (a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Fiscal Year 2009 Major
Medical Facility Projects.--There is authorized to be appropriated for
the Secretary of Veterans Affairs for fiscal year 2009 for the
Construction, Major Projects, account--
(1) $345,900,000 for the projects authorized in section 2;
(2) $1,694,295,000 for the increased amounts authorized for
projects whose authorizations are modified by section 3; and
(3) $54,475,000 for the project authorized in section 5.
(b) Authorization For Appropriations For Fiscal Year 2009 Major
Medical Facility Leases.--There is authorized to be appropriated for
the Secretary of Veterans Affairs for fiscal year 2009 for the Medical
Facilities account, $60,114,000, for the leases authorized in section
4.
SEC. 7. FACILITIES ADMINISTRATION.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
updating the progress of the Secretary in complying with section 312A
of title 38, United States Code.
SEC. 8. ANNUAL REPORT ON OUTPATIENT CLINICS.
(a) Annual Report Required.--Subchapter I of chapter 81 of title
38, United States Code, is amended by adding at the end the following
new section:
``Sec. 8119. Annual report on outpatient clinics
``(a) Annual Report Required.--The Secretary of Veterans Affairs
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives an annual report on community-based outpatient
clinics and other outpatient clinics. The report shall be submitted
each year not later than the date on which the budget for the next
fiscal year is submitted to the Congress under section 1105 of title
31.
``(b) Contents of Report.--Each report required under subsection
(a) shall include the following:
``(1) A list of each community-based outpatient clinic and
other outpatient clinic of the Department, and for each such
clinic, the type of clinic, location, size, number of health
professionals employed by the clinic, workload, whether the
clinic is leased or constructed and operated by the Secretary,
and the annual cost of operating the clinic.
``(2) A list of community-based outpatient clinics and
other outpatient clinics that the Secretary opened during the
fiscal year preceding the fiscal year during which the report
is submitted and a list of clinics the Secretary proposes
opening during the fiscal year during which the report is
submitted and the subsequent fiscal year, together with the
cost of activating each such clinic and the information
required to be provided under paragraph (1) for each such
clinic and proposed clinic.
``(3) A list of proposed community-based outpatient clinics
and other outpatient clinics that are, as of the date of the
submission of the report, under review by the National Review
Panel and a list of possible locations for future clinics
identified in the Department's strategic planning process,
including any identified locations in rural and underserved
areas.
``(4) A prioritized list of sites of care identified by the
Secretary that the Secretary could establish without carrying
out construction or entering into a lease, including--
``(A) any such sites that could be expanded by
hiring additional staff or allocating staff to Federal
facilities or facilities operating in collaboration
with the Federal Government; and
``(B) any sites established, or able to be
established, under sections 8111 and 8153 of this
title.''.
(b) Deadline for First Annual Report.--The Secretary of Veterans
Affairs shall submit the first report required under section 8119(a) of
title 38, United States Code, as added by subsection (a), by not later
than 90 days after the date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end of the items relating to
subchapter I the following new item:
``8119. Annual report on outpatient clinics.''.
SEC. 9. TECHNICAL CORRECTION.
Section 807(e) of the Veterans Benefits, Health Care, and
Information Technology Act of 2006 (Public Law 109-461) is amended by
striking ``Medical Care'' each place it appears and inserting ``Medical
Facilities''.
Passed the House of Representatives May 21, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Department of Veterans Affairs Medical Facility Authorization and Lease Act of 2008 - Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects (projects) in FY2009 in: (1) Palo Alto, California; (2) San Antonio, Texas; and (3) San Juan, Puerto Rico.
Amends the Veterans Benefits, Health Care, and Information Technology Act of 2006 to increase the amount authorized under such Act for: (1) all projects; and (2) specified projects in Florida, Nevada, and Pennsylvania in connection with the Capital Asset Realignment Initiative.
Authorizes the Secretary to carry out specified major medical facility leases (leases) in FY2009 in Arizona, California, Colorado, Florida, Georgia, Ohio, Oregon, Puerto Rico, South Carolina, and Wisconsin.
Authorizes the Secretary to carry out a project in Okaloosa County, Florida.
Authorizes appropriations for projects and leases authorized or increased under this Act.
Directs the Secretary to submit to the congressional veterans' committees: (1) a report updating progress made in complying with provisions requiring the establishment of, and responsibilities for, a Department of Veterans Affairs (VA) Director of Construction and Facilities Management; and (2) an annual report on VA community-based outpatient clinics and other outpatient clinics. | {"src": "billsum_train", "title": "To authorize major medical facility projects and major medical facility leases for the Department of Veterans Affairs for fiscal year 2009, and for other purposes."} | 2,346 | 273 | 0.627057 | 1.905856 | 0.725874 | 2.72 | 8.144 | 0.912 |
SECTION 1. GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH LATVIA.
Notwithstanding section 203 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1823), the governing
international fishery agreement between the Government of the United
States of America and the Government of the Republic of Latvia, as
contained in the message to Congress from the President of the United
States dated February 3, 1998, is approved as a governing international
fishery agreement for the purposes of such Act and shall enter into
force and effect with respect to the United States on the date of
enactment of this Act.
SEC. 2. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES CONVENTION
ACT OF 1995.
(a) Reauthorization.--Section 211 of the Northwest Atlantic
Fisheries Convention Act of 1995 (16 U.S.C. 5610) is amended by
striking ``for each of'' and all that follows through the end of the
sentence and inserting ``for each fiscal year through fiscal year
2001.''.
(b) Miscellaneous Technical Amendments.--The Northwest Atlantic
Fisheries Convention Act of 1995 is further amended--
(1) in section 207(e) (16 U.S.C. 5606(e)), by striking
``sections'' and inserting ``section'';
(2) in section 209(c) (16 U.S.C. 5608(c)), by striking
``chapter 17'' and inserting ``chapter 171''; and
(3) in section 210(6) (16 U.S.C. 5609(6)), by striking
``the Magnuson Fishery'' and inserting ``the Magnuson-Stevens
Fishery''.
(c) Report Requirement.--The Northwest Atlantic Fisheries
Convention Act of 1995 (16 U.S.C. 201 et seq.) is further amended by
adding at the end the following:
``SEC. 212. ANNUAL REPORT.
``The Secretary shall annually report to the Congress on the
activities of the Fisheries Commission, the General Council, the
Scientific Council, and the consultative committee established under
section 208.''.
(d) North Atlantic Fisheries Organization Quota Allocation
Practice.--The Northwest Atlantic Fisheries Convention Act of 1995 (16
U.S.C. 201 et seq.) is further amended by adding at the end the
following:
``SEC. 213. QUOTA ALLOCATION PRACTICE.
``(a) In General.--The Secretary of Commerce, acting through the
Secretary of State, shall promptly seek to establish a new practice for
allocating quotas under the Convention that--
``(1) is predictable and transparent;
``(2) provides fishing opportunities for all members of the
Organization; and
``(3) is consistent with the Straddling Fish Stocks
Agreement.
``(b) Report.--The Secretary of Commerce shall include in annual
reports under section 212--
``(1) a description of the results of negotiations held
pursuant to subsection (a);
``(2) an identification of barriers to achieving such a new
allocation practice; and
``(3) recommendations for any further legislation that is
necessary to achieve such a new practice.
``(c) Definition.--In this section the term `Straddling Fish Stocks
Agreement' means the United Nations Agreement for the Implementation of
the Provisions of the United Nations Convention on the Law of the Sea
of 10 December 1982 Relating to the Conservation and Management of
Straddling Fish Stocks and Highly Migratory Fish Stocks.''.
SEC. 3. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION ACT OF 1975.
(a) Reauthorization.--Section 10(4) of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971h(4)) is amended by striking ``For
fiscal year 1998,'' and inserting ``For each of fiscal years 1998,
1999, 2000, and 2001,''.
(b) Miscellaneous Technical Amendments.--(1) The Atlantic Tunas
Convention Act of 1975 is further amended--
(A) in section 2 (16 U.S.C. 971), by redesignating the
second paragraph (4) as paragraph (5);
(B) in section 5(b) (16 U.S.C. 971c(b)), by striking
``fisheries zone'' and inserting ``exclusive economic zone'';
(C) in section 6(c)(6) (16 U.S.C. 971d(c)(6))--
(i) by designating the last sentence as
subparagraph (B), and by indenting the first line
thereof; and
(ii) in subparagraph (A)(iii), by striking
``subparagraph (A)'' and inserting ``clause (i)'';
(D) by redesignating the first section 11 (16 U.S.C. 971
note) as section 13, and moving that section so as to appear
after section 12 of that Act;
(E) by amending the style of the heading and designation
for each of sections 11 and 12 so as to conform to the style of
the headings and designations of the other sections of that
Act; and
(F) by striking ``Magnuson Fishery'' each place it appears
and inserting ``Magnuson-Stevens Fishery''.
(2) Section 3(b)(3)(B) of the Act of September 4, 1980 (Public Law
96-339; 16 U.S.C. 971i(b)(3)(B)), is amended by inserting ``of 1975''
after ``Act''.
SEC. 4. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND CALIFORNIA TO
MANAGE DUNGENESS CRAB FISHERY.
(a) In General.--Subject to the provisions of this section and
notwithstanding section 306(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1856(a)), each of the States
of Washington, Oregon, and California may adopt and enforce State laws
and regulations governing fishing and processing in the exclusive
economic zone adjacent to that State in any Dungeness crab (Cancer
magister) fishery for which there is no fishery management plan in
effect under that Act.
(b) Requirements for State Management.--Any law or regulation
adopted by a State under this section for a Dungeness crab fishery--
(1) except as provided in paragraph (2), shall apply
equally to vessels engaged in the fishery in the exclusive
economic zone and vessels engaged in the fishery in the waters
of the State, and without regard to the State that issued the
permit under which a vessel is operating;
(2) shall not apply to any fishing by a vessel in exercise
of tribal treaty rights; and
(3) shall include any provisions necessary to implement
tribal treaty rights pursuant to the decision in United States
v. Washington, D.C. No. CV-70-09213.
(c) Limitation on Enforcement of State Limited Access Systems.--Any
law of the State of Washington, Oregon, or California that establishes
or implements a limited access system for a Dungeness crab fishery may
not be enforced against a vessel that is otherwise legally fishing in
the exclusive economic zone adjacent to that State and that is not
registered under the laws of that State, except a law regulating
landings.
(d) State Permit or Treaty Right Required.--No vessel may harvest
or process Dungeness crab in the exclusive economic zone adjacent to
the State of Washington, Oregon, or California, except as authorized by
a permit issued by any of those States or pursuant to any tribal treaty
rights to Dungeness crab pursuant to the decision in United States v.
Washington, D.C. No. CV-70-09213.
(e) State Authority Otherwise Preserved.--Except as expressly
provided in this section, nothing in this section reduces the authority
of any State under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) to regulate fishing, fish
processing, or landing of fish.
(f) Termination of Authority.--The authority of the States of
Washington, Oregon, and California under this section with respect to a
Dungeness crab fishery shall expire on the effective date of a fishery
management plan for the fishery under the Magnuson-Stevens Fishery
Conservation and Management Act.
(g) Repeal.--Section 112(d) of Public Law 104-297 (16 U.S.C. 1856
note) is repealed.
(h) Definitions.--The definitions set forth in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1802) shall apply to this section.
Passed the House of Representatives August 3, 1998.
Attest:
Clerk. | Approves a specified international fishery agreement between the United States and the Republic of Latvia.
Extends the authorization of appropriations for the Northwest Atlantic Fisheries Convention Act of 1995. Mandates an annual report to the Congress on the activities of the Fisheries Commission, the General Council, the Scientific Council, and the consultative committee. Directs the Secretary of Commerce to seek to establish a new practice for allocating quotas under the Convention that is predictable and transparent, provides fishing opportunities for all members of the Northwest Atlantic Fisheries Organization, and is consistent with the Straddling Fish Stocks Agreement.
Amends the Atlantic Tunas Convention Act of 1975 to authorize appropriations to carry out the Act.
Authorizes the States of Washington, Oregon, and California to adopt and enforce State laws (meeting specified requirements) governing fishing and processing in the Exclusive Economic Zone adjacent to that State in any Dungeness crab fishery for which there is no fishery management plan in effect. Prohibits any vessel from harvesting or processing Dungeness crab in those areas except as authorized by a permit issued by any of those States or under certain tribal treaty rights. Repeals existing provisions, scheduled to expire on October 1, 1999, regarding State regulation of that fishery. | {"src": "billsum_train", "title": "To approve a governing international fishery agreement between the United States and the Republic of Latvia, and for other purposes."} | 2,031 | 274 | 0.535006 | 1.581208 | 0.831694 | 4.636364 | 7.151515 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National High Performance Passenger
Rail Transportation-Oriented Development Act of 2012''.
SEC. 2. TRANSPORTATION-ORIENTED DEVELOPMENT INITIATIVE.
(a) Establishment.--The Secretary of Transportation (in this Act
referred to as the ``Secretary'') shall establish an initiative to
promote passenger rail operations and transportation-oriented
development by creating incentives for communities to encourage
dedicated revenue sources for urban and regional rail corridor
development.
(b) Implementation.--The Secretary shall appoint a Planning
Developer to oversee implementation of this initiative. The Planning
Developer shall report to the Secretary.
(c) Coordinating Committee.--The Secretary shall harmonize planning
requirements and direct coordination and administration of the
initiative between the Federal Railroad Administration and the Federal
Transit Administration. The Secretary shall appoint a Transportation-
Oriented Development Coordinating Committee composed of the Planning
Developer as Chair, the Administrator of the Federal Railroad
Administration, and the Administrator of the Federal Transit
Administration.
SEC. 3. FEDERAL INCENTIVES.
(a) Qualified Projects.--
(1) Criteria.--The Secretary shall establish criteria for
the designation of projects qualified for Federal incentives
pursuant to this section and the amendments made by this
section.
(2) Types of projects that may qualify.--Projects that may
qualify for Federal incentives pursuant to this section and the
amendments made by this section are those that contribute to
the generation of revenue by the capture of increasing value
from development around station areas, as defined by the
Secretary, which are likely to make long-term contributions to
rail corridor development funds or similar mechanisms that help
finance intercity and urban passenger rail infrastructure or
operating expenses. Such commercial development or other
projects designated as qualified by the Secretary may generate
revenue for transportation-oriented development and rail
operations in the region by increasing the tax base, promoting
job growth, promoting cost effectiveness, facilitating
intermodal connectivity, combining congestion relief with
station development, stimulating economic development, or any
other appropriate means. The capture of increased value shall
be through the establishment of special assessment districts or
similar mechanisms, and distribution of revenues shall be
through rail corridor development funds or similar mechanisms
established within the regions.
(3) Designated coordinating authority.--The Secretary shall
designate a State authority, or regional commission in
appropriate regions of the country as defined by the Secretary,
that petitions the Secretary to participate in the initiative
established under section 2. Such designated entity shall
provide for coordination among stakeholders, local governments,
and private developers in the defined region, and shall endorse
each project of, and be the lead party in, an application for
Federal incentives pursuant to this section and the amendments
made by this section.
(b) Railroad Rehabilitation Improvement Financing.--Section 502 of
the Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(7) persons conducting a qualified project (as defined in
section 8 of the National High Performance Passenger Rail
Transportation-Oriented Development Act of 2012).''; and
(2) in subsection (b)(1)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(D) conduct a qualified project (as defined by
the Secretary under section 3 of the National High
Performance Passenger Rail Transportation-Oriented
Development Act of 2012.''.
(c) Transportation Infrastructure Finance.--Section 601(a)(8) of
title 23, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) a qualified project (as defined by the
Secretary under section 3 of the National High
Performance Passenger Rail Transportation-Oriented
Development Act of 2012).''.
(d) Application Priority.--In general, Federal applications to the
Federal Railroad Administration and Federal Transit Administration for
railroad projects that participate in the transportation-oriented
development program under this Act shall receive a priority for funding
in the application decision process.
(e) Administrative Costs.--For administrative costs to carry out
this Act, including contracting with and support for the Planning
Developer and transportation-oriented development initial
administrative costs of the Federal Railroad Administration and Federal
Transit Administration for the first 5 years, the Secretary may use
such funds as necessary which are appropriated for carrying out chapter
6 of title 23, United States Code.
(f) Revenue Neutral Program Cost.--The Secretary may establish a
mechanism whereby amounts used under subsection (e) will be repaid to
the Secretary for use in carrying out chapter 6 of title 23, United
States Code. Repayment shall be derived from a small fee to all
recipients of funding provided under subsection (e). The repayment
shall commence upon substantial completion of qualified projects.
SEC. 4. TECHNICAL ASSISTANCE.
(a) National Technical Assistance.--The program established under
this Act shall provide technical assistance to the States with respect
to--
(1) identification of transportation-oriented development
opportunities;
(2) establishment of special assessment districts in
regions;
(3) establishment of rail corridor development funds; and
(4) expediting Federal, State, and local regulatory
approvals.
(b) States and Regions Outside the Northeast Corridor.--The
Secretary, through the initiative established by this Act, shall
provide technical assistance to the States and regions outside the
Northeast Corridor as identified by the Secretary, and shall provide--
(1) technical assistance on the establishment of Regional
Advisory Committees appropriate to carrying out the purposes of
this Act at the regional level; and
(2) technical assistance at the request of a State or
qualified entity provided by the Planning Developer that will
identify stations and potential stations within a given region,
and conduct a preliminary survey of property available and
potentially available, to maximize development and commercial
revenue generation to financially support the development of a
high performance rail passenger corridor.
(c) Northeast Corridor.--The Secretary, through the initiative
established under this Act, shall provide technical assistance to the
States and entities along the Northeast Corridor as identified by the
Secretary--
(1) on the establishment, by the Northeast Corridor
Infrastructure and Operations Advisory Commission established
under section 24905 of title 49, United States Code, of a
Northeast Corridor Transportation-Oriented Development Working
Group, which shall--
(A) include outside members with expertise in
transportation-oriented development;
(B) be chaired by the Planning Developer; and
(C) advise the Secretary and the Northeast Corridor
Infrastructure and Operations Advisory Commission on
the ways and means for carrying out the purposes of
this Act at the regional level; and
(2) technical assistance provided by the Planning Developer
to the Secretary and identified States and entities, not more
than one year after the date of enactment of this Act, that
will identify Northeast Corridor stations and potential
stations, and conduct a preliminary survey of property
available and potentially available, to maximize development
and commercial revenue generation to financially support the
creation of a true high-speed rail corridor in the Northeast
Corridor. | National High Performance Passenger Rail Transportation-Oriented Development Act of 2012 - Directs the Secretary of Transportation (DOT) to establish an initiative to promote passenger rail operations and transportation-oriented development by creating rail projects qualified for federal incentives for communities to encourage dedicated revenue sources for urban and regional rail corridor development.
Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct the Secretary to provide direct loans and loan guarantees for qualified rail projects. Authorizes the Secretary to make secured loans, loan guarantees, or lines of credit for such projects.
Directs the Secretary to provide technical assistance to: (1) states to identify transportation-oriented development opportunities, (2) states and regions outside the Northeast Corridor to establish Regional Advisory Committees and identify stations and potential stations within the region to maximize development and commercial revenue generation to support financially the development of a high performance rail passenger corridor, and (3) states and entities along the Northeast Corridor to establish a Northeast Corridor Transportation-Oriented Development Working Group and identify Northeast Corridor stations and potential stations to maximize development and commercial revenue generation to support financially the creation of a true high-speed rail corridor in the Northeast Corridor. | {"src": "billsum_train", "title": "To promote transportation-oriented development and encourage dedicated revenue sources for urban and regional rail corridor development."} | 1,660 | 249 | 0.625327 | 1.768789 | 0.973867 | 4.457778 | 7.053333 | 0.937778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senator Paul Simon Study Abroad
Program Act of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) To prepare students for success in the modern global
economy, opportunities for study abroad should be included as
part of a well-rounded education.
(2) Study abroad programs provide students with
unparalleled access to international knowledge, an unmatched
opportunity to learn foreign languages, and a unique
environment for developing cultural understanding, all of which
are knowledge and skills needed in today's global economy.
(3) Less than 2 percent of all enrolled postsecondary
students in the United States study abroad for credit in any
given year, and minority students, first generation college
students, and community college students are significantly
underrepresented in study abroad participation.
(4) Congress authorized the establishment of the Commission
on the Abraham Lincoln Study Abroad Fellowship Program pursuant
to section 104 of the Miscellaneous Appropriations and Offsets
Act, 2004 (division H of Public Law 108-199). Pursuant to its
mandate, the Lincoln Commission submitted to Congress and the
President a report of its recommendations for greatly expanding
the opportunity for students at institutions of higher
education in the United States to study abroad, with special
emphasis on studying in developing nations.
(5) According to the Lincoln Commission, ``[e]xperience
shows that leadership from administrators and faculty will
drive the number of study abroad participants higher and
improve the quality of programs. Such leadership is the only
way that study abroad will become an integral part of the
undergraduate experience.''. A competitive grant program is
necessary to encourage and support such leadership.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to ensure that significantly more students have access
to quality study abroad opportunities;
(2) to ensure that the diversity of students studying
abroad reflects the diversity of students and institutions of
higher education in the United States;
(3) to encourage greater diversity in study abroad
destinations by increasing the portion of study abroad that
takes place in nontraditional study abroad destinations,
especially in developing countries; and
(4) to encourage a greater commitment by institutions of
higher education to expand study abroad opportunities.
SEC. 4. SENATOR PAUL SIMON STUDY ABROAD PROGRAM.
Section 741 of the Higher Education Act of 1965 (20 U.S.C. 1138) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (12) and (13) as
paragraphs (13) and (14), respectively; and
(B) by inserting after paragraph (11) the
following:
``(12) awarding grants under the Senator Paul Simon Study
Abroad Program described in subsection (g);''; and
(2) by adding at the end the following:
``(g) Senator Paul Simon Study Abroad Program.--
``(1) Definitions.--In this subsection:
``(A) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 101(a).
``(B) National of the united states.--The term
`national of the United States' means a national of the
United States or an alien lawfully admitted for
permanent residence (as those terms are defined in
section 101 of the Immigration and Nationality Act (8
U.S.C. 1101)).
``(C) Nontraditional study abroad destination.--The
term `nontraditional study abroad destination' means a
location that is determined by the Secretary to be a
less common destination for students who study abroad.
``(D) Student.--The term `student' means a national
of the United States who is enrolled at an institution
of higher education located within the United States.
``(E) Study abroad.--The term `study abroad' means
an educational program of study, work, research,
internship, or combination thereof that is conducted
outside the United States and that carries academic
credit.
``(2) Senator paul simon study abroad program.--
``(A) Establishment.--There is established in the
Department a program to be called the `Senator Paul
Simon Study Abroad Program'.
``(B) Objectives.--The objectives of the program
established under subparagraph (A) are, that not later
than 10 years after the date of enactment of the
Senator Paul Simon Study Abroad Program Act of 2016--
``(i) not less than 1,000,000 undergraduate
students will study abroad annually;
``(ii) the demographics of study abroad
participation will reflect the demographics of
the United States undergraduate population; and
``(iii) an increasing portion of study
abroad will take place in nontraditional study
abroad destinations, with a substantial portion
of such increases in developing countries.
``(C) Competitive grants to institutions of higher
education.--In order to accomplish the objectives set
forth in subparagraph (B), the Secretary shall award
grants on a competitive basis to institutions of higher
education, individually or in a consortium, based on
applications by the institutions that--
``(i) set forth detailed plans for using
grant funds to further such objectives;
``(ii) include an institutional commitment
to expanding access to study abroad;
``(iii) include plans for evaluating
progress made in increasing access to study
abroad;
``(iv) describe how increases in study
abroad participation achieved through the grant
will be sustained in subsequent years; and
``(v) demonstrate that the programs have
established health and safety guidelines and
procedures.
``(D) Nongovernmental institutions.--Consortia of
institutions of higher education applying for grants
described in subparagraph (C) may include
nongovernmental institutions that provide and promote
study abroad opportunities for students.
``(E) Commission on the abraham lincoln study
abroad fellowship program.--In administering the
program, the Secretary shall take fully into account
the recommendations of the Commission on the Abraham
Lincoln Study Abroad Fellowship Program, established
pursuant to section 104 of the Miscellaneous
Appropriations and Offsets Act, 2004 (division H of
Public Law 108-199).
``(F) Consultation.--In carrying out this
paragraph, the Secretary shall consult with
representatives of diverse institutions of higher
education, educational policy organizations, and others
with appropriate expertise.
``(3) Annual report.--Not later than December 31 of each
year following the date of enactment of the Senator Paul Simon
Study Abroad Program Act of 2016, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of the
House of Representatives a report on the implementation of this
subsection during the prior fiscal year.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as may be necessary for fiscal year 2017 and each
subsequent fiscal year.''. | Senator Paul Simon Study Abroad Program Act of 2016 This bill authorizes the Department of Education to award grants to institutions of higher education under the Senator Paul Simon Study Abroad Program for encouraging: (1) undergraduate students to study abroad, (2) greater diversity of students studying abroad, and (3) greater diversity in study abroad destinations. | {"src": "billsum_train", "title": "Senator Paul Simon Study Abroad Program Act of 2016"} | 1,504 | 63 | 0.594283 | 1.553688 | 1.189304 | 3.784615 | 22.092308 | 0.953846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geriatric Care Act of 2001''.
SEC. 2. DISREGARD OF CERTAIN GERIATRIC RESIDENTS AGAINST GRADUATE
MEDICAL EDUCATION LIMITATIONS.
(a) Direct GME.--Section 1886(h)(4)(F) of the Social Security Act
(42 U.S.C. 1395ww(h)(4)(F)) is amended by adding at the end the
following new clause:
``(iii) Increase in limitation for
geriatric fellowships.--For cost reporting
periods beginning on or after the date that is
6 months after the date of enactment of the
Geriatric Care Act of 2001, in applying the
limitations regarding the total number of full-
time equivalent residents in the field of
allopathic or osteopathic medicine under clause
(i) for a hospital, the Secretary shall not
take into account a maximum of 3 residents
enrolled in a fellowship in geriatric medicine
within an approved medical residency training
program to the extent that the hospital
increases the number of geriatric residents
above the number of such residents for the
hospital's most recent cost reporting period
ending before the date that is 6 months after
the date of enactment of such Act.''.
(b) Indirect GME.--Section 1886(d)(5)(B) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the
following new clause:
``(ix) Clause (iii) of subsection (h)(4)(F) shall apply to
clause (v) in the same manner and for the same period as such
clause (iii) applies to clause (i) of such subsection.''.
SEC. 3. MEDICARE COVERAGE OF CARE COORDINATION AND ASSESSMENT SERVICES.
(a) Part B Coverage of Care Coordination and Assessment Services.--
Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)),
as amended by section 105(a) of the Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471),
as enacted into law by section 1(a)(6) of Public Law 106-554, is
amended--
(1) in subparagraph (U), by striking ``and'' at the end;
(2) in subparagraph (V), by inserting ``and'' after the
semicolon at the end; and
(3) by adding at the end the following new subparagraph:
``(W) care coordination and assessment services (as defined
in subsection (ww)).''.
(b) Care Coordination and Assessment Services Defined.--Section
1861 of the Social Security Act (42 U.S.C. 1395x), as amended by
section 105(b) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as
enacted into law by section 1(a)(6) of Public Law 106-554), is amended
by adding at the end the following new subsection:
``Care Coordination and Assessment Services; Qualified Frail Elderly or
At-Risk Individual; Care Coordinator
``(ww)(1) The term `care coordination and assessment services'
means services that are furnished to a qualified frail elderly or at-
risk individual (as defined in paragraph (2)) by a care coordinator (as
defined in paragraph (3)) under a plan of care prescribed by such care
coordinator for the purpose of care coordination and assessment, which
may include any of the following services:
``(A) An initial and periodic health screening and
assessment.
``(B) The management of, and referral for, medical and
other health services, including multidisciplinary care
conferences and coordination with other providers.
``(C) The monitoring and management of medications,
particularly with respect to the management on behalf of a
qualified frail elderly or at-risk individual of multiple
medications prescribed for that individual.
``(D) Patient and family caregiver education and counseling
services.
``(E) Self-management services, including health education
and risk appraisal to identify behavioral risk factors through
self-assessment.
``(F) Providing access for consultations by telephone with
physicians and other appropriate health care professionals,
including 24-hour availability of such professionals for
emergency consultations.
``(G) Coordination with the principal nonprofessional
caregiver in the home.
``(H) Managing and facilitating transitions among health
care professionals and across settings of care.
``(I) Activities that facilitate continuity of care and
patient adherence to plans of care.
``(J) Such other services for which payment would not
otherwise be made under this title as the Secretary determines
to be appropriate.
``(2) For purposes of this subsection, the term `qualified frail
elderly or at-risk individual' means an individual who a care
coordinator certifies--
``(A) is at risk of institutionalization, functional
decline, or death because the individual is an individual--
``(i) with 2 or more serious and disabling chronic
conditions;
``(ii) who is unable to carry out 2 or more than
activities of daily living (as described in section
7702B(c)(2)(B) of the Internal Revenue Code of 1986)
without the assistance of another individual or the use
of an assistive device;
``(iii) who is cognitively impaired or has severe
depression;
``(iv) who has a poor self-rating of health status,
as determined using a survey instrument specified by
the Secretary, such as SF 36;
``(v) who, because of their physical or mental
condition, would satisfy the requirements (other than
with respect to income and assets) for receiving
nursing facility services under the medicaid program in
the individual's State of residence; or
``(vi) for whom professional coordination of care
and assessment can reasonably be expected to improve
outcomes of health care or prevent, delay, or minimize
disability progression; or
``(B) has a severity of condition that makes the individual
frail or disabled (as determined under guidelines approved by
the Secretary).
``(3)(A) For purposes of this subsection, the term `care
coordinator' means an individual or entity that--
``(i) is--
``(I) a physician (as defined in subsection
(r)(1)); or
``(II) a practitioner described in section
1842(b)(18)(C) or an entity that meets such conditions
as the Secretary may specify (which may include
physicians, physician group practices, or other health
care professionals or entities the Secretary may find
appropriate) and that is under the appropriate
supervision of a physician;
``(ii) has entered into a care coordination agreement with
the Secretary; and
``(iii) meets such other criteria as the Secretary may
establish (which may include experience in the provision of
care coordination or primary care physicians' services).
``(B) For purposes of subparagraph (A)(ii), each care coordination
agreement shall--
``(i) be entered into for a period of 1 year and may be
renewed if the Secretary is satisfied that the care coordinator
continues to meet the conditions of participation specified in
subparagraph (A);
``(ii) assure the compliance of the care coordinator with
such data collection and reporting requirements as the
Secretary determines necessary to assess the effect of care
coordination on health outcomes; and
``(iii) contain such other terms and conditions as the
Secretary may require.''.
(c) Payment and Elimination of Coinsurance.--
(1) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of
the Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (114 Stat. 2763A-489), as enacted into
law by section 1(a)(6) of Public Law 106-554, is amended--
(A) by striking ``and (U)'' and inserting ``(U)'';
and
(B) by inserting before the semicolon at the end
the following: ``, and (V) with respect to care
coordination and assessment services described in
section 1861(s)(2)(W), the amounts paid shall be 100
percent of the lesser of the actual charge for the
service or the amount determined under the payment
basis determined under section 1848 by the Secretary
for such service''.
(2) Payment under physician fee schedule.--Section
1848(j)(3) (42 U.S.C. 1395w-4(j)(3)) is amended by inserting
``(2)(W),'' after ``(2)(S),''.
(3) Elimination of coinsurance in outpatient hospital
settings.--The third sentence of section 1866(a)(2)(A) of the
Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by
inserting after ``1861(s)(10)(A)'' the following: ``, with
respect to care coordination and assessment services (as
defined in section 1861(ww)(1)),''.
(d) Application of Limits on Billing.--Section 1842(b)(18)(C) of
the Social Security Act (42 U.S.C. 1395u(b)(18)(C)), as amended by
section 105(d) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (114 Stat. 2763A-472), as
enacted into law by section 1(a)(6) of Public Law 106-554, is amended
by adding at the end the following new clause:
``(vii) A care coordinator (as defined in section
1861(ww)(3)) that is not a physician.''.
(e) Exception to Limits on Physician Referrals.--Section 1877(b) of
the Social Security Act (42 U.S.C. 1395nn(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Private sector purchasing and quality improvement
tools for original medicare.--In the case of a designated
health service, if the designated health service is--
``(A) a care coordination and assessment service
(as defined in section 1861(ww)(1)); and
``(B) provided by a care coordinator (as defined in
paragraph (3) of such section).''.
(f) Rulemaking.--The Secretary of Health and Human Services shall
define such terms and establish such procedures as the Secretary
determines necessary to implement the provisions of this section.
(g) Effective Date.--The amendments made by this section shall
apply to care coordination and assessment services furnished on or
after January 1, 2002. | Geriatric Care Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to payments to hospitals for direct graduate medical education costs and the limitation on the number of full-time-equivalent residents in allopathic and osteopathic medicine. Provides for the disregard of up to three geriatric residents in applying such limitation.Amends SSA title XVIII, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for Medicare coverage of care coordination and assessment services. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to permit expansion of medical residency training programs in geriatric medicine and to provide for reimbursement of care coordination and assessment services provided under the medicare program."} | 2,478 | 130 | 0.618484 | 1.666597 | 0.573139 | 3.673267 | 21.178218 | 0.861386 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Executive Accountability Act
of 2017''.
SEC. 2. OFFICE OF INSPECTOR GENERAL IN THE EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) Establishment.--
(1) In general.--Section 12 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(A) in paragraph (1), by striking ``or the Director
of the National Reconnaissance Office'' and inserting
``the Director of the National Reconnaissance Office;
or the President (with respect to the Executive Office
of the President)''; and
(B) in paragraph (2), by striking ``or the National
Reconnaissance Office'' and inserting ``the National
Reconnaissance Office, or the Executive Office of the
President''.
(2) Appointment of inspector general.--Not later than 120
days after the date of the enactment of this Act, the President
shall appoint an individual as the Inspector General of the
Executive Office of the President in accordance with the
requirements of section 3(a) of the Inspector General Act of
1978 (5 U.S.C. App.).
(b) Special Provisions.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting after section 8M the following:
``SEC. 8N. SPECIAL PROVISIONS CONCERNING THE EXECUTIVE OFFICE OF THE
PRESIDENT.
``(a) Audits, Investigations, and Issuance of Subpoenas.--
``(1) Authority, direction, and control.--Notwithstanding
the last two sentences of section 3(a), the Inspector General
of the Executive Office of the President shall be under the
authority, direction, and control of the President with respect
to audits or investigations, or the issuance of subpoenas, that
require access to information concerning any of the following:
``(A) The identity of a confidential source,
including a protected witness.
``(B) An intelligence or counterintelligence
matter.
``(C) An undercover operation.
``(2) Prohibition in certain situations.--With respect to
the information described in paragraph (1), the President may
prohibit the Inspector General of the Executive Office of the
President from initiating, carrying out, or completing any
audit or investigation, or from issuing any subpoena, after the
Inspector General has decided to initiate, carry out, or
complete such audit or investigation, or to issue such
subpoena, if the President determines that such prohibition is
necessary to prevent the disclosure of any information
described in paragraph (1).
``(3) Notice after prohibition.--
``(A) To inspector general.--If the President
exercises any power under paragraph (2), not later than
30 days after exercising any such power, the President
shall notify the Inspector General of the Executive
Office of the President in writing, stating the reasons
for exercising that power.
``(B) To congress.--Not later than 30 days after
receiving a notice under subparagraph (A), the
Inspector General of the Executive Office of the
President shall transmit a copy of the notice to the
chair and ranking member of each of the following:
``(i) The Committee on Oversight and
Government Reform of the House of
Representatives.
``(ii) The Committee on the Judiciary of
the House of Representatives.
``(iii) The Committee on Homeland Security
and Governmental Affairs of the Senate.
``(iv) The Committee on the Judiciary of
the Senate.
``(v) Any other appropriate committee or
subcommittee of Congress.
``(b) Semiannual Reports.--
``(1) Additional information to be included.--Any
semiannual report prepared by the Inspector General of the
Executive Office of the President under section 5(a) shall also
include the following:
``(A) With respect to each significant
recommendation on which corrective action has been
completed, a description of the corrective action.
``(B) A certification of whether the Inspector
General of the Executive Office of the President has
had full and direct access to all information relevant
to the performance of the functions of the Inspector
General.
``(C) A description of any audit, inspection, or
evaluation occurring during the reporting period in
which the Inspector General of the Executive Office of
the President could not obtain relevant information due
to an exercise of power by the President under
subsection (a)(2).
``(D) Such recommendations as the Inspector General
of the Executive Office of the President considers
appropriate with respect to efficiency in the
administration of programs and operations undertaken by
the President, and the detection and elimination of
fraud, waste, and abuse in such programs and
operations.
``(2) Submission to president.--Notwithstanding section
5(b), the Inspector General of the Executive Office of the
President shall submit to the President the semiannual reports
prepared under section 5(a), including the additional
information required under paragraph (1), not later than April
30 and October 31 of each year.
``(3) Transmission to congress.--Not later than 30 days
after receiving a semiannual report under paragraph (2), the
President shall transmit the semiannual report, including any
comments the President considers appropriate, to the chair and
ranking member of each of the following:
``(A) The Committee on Oversight and Government
Reform of the House of Representatives.
``(B) The Committee on the Judiciary of the House
of Representatives.
``(C) The Committee on Homeland Security and
Governmental Affairs of the Senate.
``(D) The Committee on the Judiciary of the
Senate.''.
(c) Technical and Conforming Amendments.--The Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) by striking ``subpena'' each place the term appears and
inserting ``subpoena'';
(2) by striking ``subpenas'' each place the term appears
and inserting ``subpoenas'';
(3) in section 8G(a)(1)--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D) through (F)
as subparagraphs (C) through (E), respectively; and
(4) in section 8J, by striking ``8E'' and all that follows
through ``this Act'' and inserting ``8E, 8F, 8H, or 8N of this
Act''.
(d) Over-Classification Audit.--
(1) Evaluations required.--The Inspector General of the
Executive Office of the President, in consultation with the
Information Security Oversight Office of the National Archives
and Records Administration, shall carry out two evaluations of
the Executive Office of the President--
(A) to assess whether applicable classification
policies, procedures, rules, and regulations have been
adopted, followed, and effectively administered within
the Executive Office of the President; and
(B) to identify policies, procedures, rules,
regulations, or management practices that may be
contributing to persistent misclassification of
material within the Executive Office of the President.
(2) Deadlines for evaluations.--
(A) Initial evaluation.--The first evaluation
required under paragraph (1) shall be completed not
later than one year after the date of the enactment of
this Act.
(B) Second evaluation.--The second evaluation
required under paragraph (1) shall review progress made
pursuant to the results of the first evaluation and
shall be completed not later than one year after the
date on which the first evaluation is completed.
(3) Coordination.--The Inspector General of the Executive
Office of the President shall coordinate with other Inspector
Generals and the Information Security Oversight Office to
ensure that evaluations follow a consistent methodology, as
appropriate, that allows for cross-agency comparisons.
(4) Reports required.--
(A) In general.--Not later than 45 days after the
completion of an evaluation, the Inspector General of
the Executive Office of the President shall submit to
the appropriate entities a report on that evaluation.
(B) Content.--Each report submitted under
subparagraph (A) shall include a description of--
(i) the policies, procedures, rules,
regulations, or management practices, if any,
identified by the Inspector General under
paragraph (1)(b); and
(ii) the recommendations, if any, of the
Inspector General to address any such
identified policies, procedures, rules,
regulations, or management practices.
(5) Appropriate entities defined.--In this subsection, the
term ``appropriate entities'' means each of the following:
(A) The Committee on Oversight and Government
Reform of the House of Representatives.
(B) The Committee on the Judiciary of the House of
Representatives.
(C) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(D) The Committee on the Judiciary of the Senate.
(E) Any other appropriate committee or subcommittee
of Congress.
(F) The President.
(G) The Director of the Information Security
Oversight Office. | Federal Executive Accountability Act of 2017 This bill requires the President to appoint an Inspector General of the Executive Office of the President. Such Inspector General shall be under the authority, direction, and control of the President with respect to audits, investigations, or the issuance of subpoenas that require access to information concerning the identity of a confidential source, an intelligence or counterintelligence matter, and an undercover operation. The President may prohibit such Inspector General from carrying out any audit or investigation or issuing any subpoena upon determining that such prohibition is necessary to prevent the disclosure of any such information. The bill amends the Inspector General Act of 1978 to require the Inspector General established by this bill to include the following additional information in its required semiannual report to the head of its establishment: a description of corrective action completed on each significant recommendation; a certification of whether such Inspector General has had full and direct access to all information relevant to the performance of its functions; a description of any audit, inspection, or evaluation occurring during the reporting period in which such Inspector General could not obtain relevant information due to an exercise of presidential power; and any recommendations regarding efficiency in the administration of programs and operations undertaken by the President and the detection and elimination of fraud, waste, and abuse. Such Inspector General shall carry out two evaluations of the Executive Office of the President to: (1) assess whether applicable classification procedures have been followed within such office; and (2) identify policies and procedures that may be contributing to persistent misclassification of material within such office. | {"src": "billsum_train", "title": "Federal Executive Accountability Act of 2017"} | 2,010 | 322 | 0.656924 | 1.999605 | 0.891789 | 4.07047 | 6.241611 | 0.942953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent Act of 2003''.
SEC. 2. BUSINESS CREDIT FOR SECURITY DEVICES, ASSESSMENTS, AND OTHER
SECURITY-RELATED EXPENSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45G. CERTAIN BUSINESS SECURITY EXPENDITURES.
``(a) In General.--For purposes of section 38, the building
security credit determined under this section is an amount equal to the
sum of--
``(1) 20 percent of the cost of each qualified building
securities device placed in service by the taxpayer during the
taxable year,
``(2) 30 percent of the qualified security assessment
expenses paid or incurred by the taxpayer during the taxable
year, and
``(3) 30 percent of the co-location property placed in
service by the taxpayer during the taxable year.
``(b) Qualified Building Security Device.--For purposes of this
section--
``(1) Qualified building security device.--The term
`qualified building security device' means a security device
(to which section 168 applies)--
``(A) which is acquired by purchase (as defined in
section 179(d)(2)), and
``(B) which is used to provide security for any
building used by the taxpayer in any trade or business.
``(2) Security device.--The term `security device' means
any of the following:
``(A) An electronic access control device or
system.
``(B) Biometric identification or verification
device or system.
``(C) Closed-circuit television or other
surveillance and security cameras and equipment.
``(D) Locks for doors and windows, including
tumbler, key, and numerical or other coded devices.
``(E) Computers and software used to combat
cyberterrorism.
``(F) Electronic alarm systems to provide detection
notification and off-premises transmission of an
unauthorized entry, attack, or fire.
``(G) An electronic device capable of tracking or
verifying the presence of assets.
``(H) High efficiency air filtering systems.
``(I) Mechanical and non-mechanical vehicle
arresting barricades.
``(J) Metal detectors.
``(K) Signal repeating devices for emergency
response personnel wireless communication systems.
``(L) Components, wiring, system displays,
terminals, auxiliary power supplies, computer systems,
software, networking infrastructure and other equipment
necessary or incidental to the operation of any item
described in any of the preceding subparagraphs.
``(c) Qualified Security Assessment Expenses.--For purposes of this
section, the term `qualified security assessment expenses' means, with
respect to any business premises of the taxpayer, expenses for a
security analysis of such premises, including--
``(1) the susceptibility of such premises to security
threats,
``(2) the extent to which such threats can damage or
interrupt business operations at such premises, and
``(3) identifying processes that ensure the continuity of
business operations following such damage or interruption at
such premises.
``(d) Co-Location Property.--The term `co-location property' means
buildings and equipment the exclusive purpose of which is to replicate
business operations of the taxpayer in the event of damage or
interruption of such operations by a terrorism-related disaster,
including all computer network, telecommunication network and business
process equipment or any fraction thereof as considered necessary by
the business.
``(e) Recapture of Credit in Certain Cases.--
``(1) In general.--If the taxpayer uses co-location
property for a purpose other than the purpose described in
subsection (d) at any time during the 5-year period beginning
on the date that such property is placed in service, then the
tax imposed under this chapter for the taxable year in which
such use occurs is increased by the credit recapture amount.
``(2) Credit recapture amount.--For purposes of paragraph
(1), the credit recapture amount is an amount equal to the sum
of--
``(A) the aggregate decrease in the credits allowed
to the taxpayer under section 38 for all prior taxable
years which would have resulted if no credit had been
determined under this section with respect to such
property, plus
``(B) interest at the underpayment rate established
under section 6621 on the amount determined under
subparagraph (A) for each prior taxable year for the
period beginning on the due date for filing the return
for the prior taxable year involved.
No deduction shall be allowed under this chapter for interest
described in subparagraph (B).
``(3) Special rules.--
``(A) Tax benefit rule.--The tax for the taxable
year shall be increased under paragraph (1) only with
respect to credits allowed by reason of this section
which were used to reduce tax liability. In the case of
credits not so used to reduce tax liability, the
carryforwards and carrybacks under section 39 shall be
appropriately adjusted.
``(B) No credits against tax.--Any increase in tax
under this subsection shall not be treated as a tax
imposed by this chapter for purposes of determining the
amount of any credit under this chapter or for purposes
of section 55.''.
(b) Credit Treated as Business Credit.--Section 38(b) of such Code
is amended by striking ``plus'' at the end of paragraph (14), by
striking the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(16) the building security credit determined under
section 45G(a).''.
(c) No Carrybacks.--Subsection (d) of section 39 of such Code
(relating to carryback and carryforward of unused credits) is amended
by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the building security credit
determined under section 45G may be carried back to a taxable
year ending before the date of the enactment of section 45G.''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``45G. Certain business security expenditures.''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property placed
in service after the date of the enactment of this Act in
taxable years ending after such date.
(2) Assessment expenses.--The amendments made by this
section shall apply to qualified security assessment expenses
paid or incurred after the date of the enactment of this Act in
taxable years ending after such date. | Prevent Act of 2003 - Amends the Internal Revenue Code to establish a building security credit for the purchase of a qualified building security device used to provide security for any building used by the taxpayer in any trade or business. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow businesses a credit for security devices, assessments, and other security-related expenses."} | 1,573 | 49 | 0.556645 | 1.255295 | 0.954907 | 5.333333 | 34.785714 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Innovation $1 Coin Act''.
SEC. 2. AMERICAN INNOVATION $1 COIN PROGRAM.
Section 5112 of title 31, United States Code, is amended by
inserting after subsection (v) the following new subsection:
``(w) Redesign and Issuance of $1 Coins Honoring Innovation and
Innovators From Each State, the District of Columbia, and Each
Territory.--
``(1) Redesign beginning in 2019.--
``(A) In general.--Notwithstanding subsection
(d)(1) and subsection (d)(2) and in accordance with the
provisions of this subsection, during the 14-year
period beginning on January 1, 2019 (or such later date
as provided under subparagraph (B)(ii)), the Secretary
of the Treasury shall mint and issue $1 coins to be
known as `American Innovation $1 coins', that--
``(i) have designs on the obverse selected
in accordance with paragraph (2)(A); and
``(ii) have a design on the reverse
selected in accordance with paragraph (2)(B).
``(B) Continuity provisions.--
``(i) In general.--Notwithstanding
subparagraph (A), the Secretary shall continue
to mint and issue $1 coins honoring Native
Americans and their contributions in accordance
with subsection (r).
``(ii) First coin.--Notwithstanding
subparagraph (A), if the Secretary finds that
it is feasible and cost-effective, the
Secretary may mint and issue a $1 coin in 2018
to introduce the series of coins described in
this subsection, that--
``(I) has the obverse described
under paragraph (2)(A);
``(II) has a reverse that bears the
inscription `United States of America'
and `American Innovators' and a
representation of the signature of
President George Washington on the
first United States patent issued;
``(III) has the edge-incusing
described under paragraph (2)(C); and
``(IV) the design for which has
reviewed by the Citizens Coinage
Advisory Committee.
``(C) Definition of territory.--For purposes of
this subsection, the term `territory' means the
Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands.
``(2) Design requirements.--Notwithstanding subsection
(d)(1) and subsection (d)(2), the $1 coins issued in accordance
with paragraph (1)(A) shall meet the following design
requirements:
``(A) Coin obverse.--The common design on the
obverse of each coin issued under this subsection shall
contain--
``(i) a likeness of the Statue of Liberty
extending to the rim of the coin and large
enough to provide a dramatic representation of
Liberty;
``(ii) the inscription `$1'; and
``(iii) the inscription `In God We Trust'.
``(B) Coin reverse.--The design on the reverse of
each coin issued under this subsection shall bear the
following:
``(i) An image or images emblematic of one
of the following from one of the 50 States, the
District of Columbia, or the territories of the
United States:
``(I) A significant innovation.
``(II) An innovator.
``(III) A group of innovators.
``(ii) The name of the State, the District
of Columbia, or territory, as applicable.
``(iii) The inscription `United States of
America'.
``(C) Edge-incused inscriptions.--
``(i) In general.--The inscription of the
year of minting or issuance of the coin, the
mint mark, and the inscription `E Pluribus
Unum' shall be edge-incused into the coin.
``(ii) Preservation of distinctive edge.--
The edge-incusing of the inscriptions under
clause (i) on coins issued under this
subsection shall be done in a manner that
preserves the distinctive edge of the coin so
that the denomination of the coin is readily
discernible, including by individuals who are
blind or visually impaired.
``(3) Issuance of coins commemorating innovation or
innovators.--
``(A) Order of issuance.--The coins issued under
this subsection commemorating either an innovation, an
individual innovator, or a group of innovators, from
each State, the District of Columbia, or a territory
shall be issued in alphabetic order of the State, the
District, or territory represented, starting with
Alabama, and with the District of Columbia following
Delaware.
``(B) Issuance of coins commemorating four
innovations or innovators during each of 14 years.--
``(i) In general.--Four $1 coin designs as
described in this subsection shall be issued
during each year of the period referred to in
paragraph (1) until one coin featuring one
innovation, an individual innovator, or a group
of innovators, from each of the States, the
District of Columbia, and territories has been
issued.
``(ii) Number of coins of each design.--The
Secretary shall prescribe, on the basis of such
factors as the Secretary determines to be
appropriate, the number of $1 coins that shall
be issued with each of the designs selected for
each year of the period referred to in
paragraph (1).
``(iii) Application in event of the
admission of additional states or
territories.--Notwithstanding clause (i), if
any additional State or territory is admitted
into the Union before the end of the 14-year
period referred to in paragraph (1), the
Secretary of the Treasury may issue $1 coins
with respect to such additional State or
territory, in accordance with this subsection
during any one year of such 14-year period, in
addition to the four $1 coins issued during
such year in accordance with clause (i).
``(iv) Application in the event of
independence.--Notwithstanding paragraph
(3)(B)(i), if any territory becomes independent
or otherwise ceases to be a territory of the
United States before $1 coins are minted
pursuant to this subsection, the subsection
shall cease to apply with respect to such
territory.
``(4) Selection of concept and design.--
``(A) Concept.--With respect to each State, the
District of Columbia, and each territory to be honored
with a coin under this subsection, the selection of the
significant innovation, innovator, or group of
innovators to be borne on the reverse of such coin
shall be made by the Secretary of the Treasury, after
consultation with the Governor or other chief executive
of the State, the District of Columbia, or territory
with respect to which a coin is to be issued under this
subsection.
``(B) Design.--Each of the designs required under
this subsection shall be selected by the Secretary
after--
``(i) consultation with--
``(I) the Governor or other chief
executive of the State, the District of
Columbia, or territory with respect to
which a coin is to be issued under this
subsection; and
``(II) the Commission of Fine Arts;
and
``(ii) review by the Citizens Coinage
Advisory Committee.
``(C) Selection and approval process.--Proposals
for designs for $1 coins under this subsection may be
submitted in accordance with the design selection and
approval process developed by the Secretary in the sole
discretion of the Secretary.
``(D) Standards.--Because it is important that the
Nation's coinage and currency bear dignified designs of
which the citizens of the United States can be proud,
the Secretary shall not select any frivolous or
inappropriate design for any $1 coin minted under this
subsection.
``(E) Prohibition on certain representations.--No
head and shoulders portrait or bust of any person and
no portrait of a living person may be included in the
design of any coin issued under this subsection.
``(5) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all $1 coins minted under this
subsection shall be considered to be numismatic items.
``(6) Issuance of numismatic coins.--The Secretary may mint
and issue such number of $1 coins of each design selected under
this subsection in uncirculated and proof qualities as the
Secretary determines to be appropriate.
``(7) Termination of program.--The issuance of coins under
this subsection shall terminate when one innovation, an
individual innovator, or a group of innovators, from each
State, the District of Columbia, and each territory has been
honored and may not be resumed except by an Act of Congress.''. | American Innovation $1 Coin Act This bill directs the Department of the Treasury to mint and issue American Innovation $1 coins commemorating an innovation, an individual innovator, or a group of innovators from each state, each U.S. territory, and the District of Columbia. Treasury shall issue four coins per year, in alphabetical order by jurisdiction, until a coin has been issued for each jurisdiction. | {"src": "billsum_train", "title": "American Innovation $1 Coin Act"} | 1,941 | 82 | 0.588879 | 1.352891 | 0.564973 | 3.093333 | 24.213333 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Crop Production Act of
1995''.
SEC. 2. FINDINGS.
Congress finds that energy crops--
(1) provide many of the soil and water conservation and
wildlife habitat benefits associated with cover already planted
on land enrolled in the conservation reserve program;
(2) can be harvested using best management practices
without compromising the conservation benefits being achieved
by the conservation reserve program;
(3) can maintain and enhance farm income while allowing
land to remain in the conservation reserve program at a reduced
cost to the Federal government;
(4) can supply a significant proportion of the energy needs
of the United States using domestic resources that are
renewable, sustainable, and environmentally beneficial; and
(5) can effectively trap carbon from the atmosphere and
provide air quality benefits.
SEC. 3. HARVESTING OF ENERGY CROPS ON CONSERVATION RESERVE LAND.
Section 1232 of the Food Security Act of 1985 (16 U.S.C. 3832) is
amended by adding at the end the following:
``(f) Energy Crops.--
``(1) Definition of energy crop.--In this subsection, the
term `energy crop' means a herbaceous perennial grass, a short
rotation woody coppice species of tree, or other crop, that may
be used to generate electric power or other energy product, as
determined by the Secretary in consultation with the State
technical committee for a State established under section 1261.
``(2) Harvesting of energy crops in designated
demonstration areas.--In not more than 10 demonstration project
areas not exceeding a total of 1,000,000 acres (based on an
evaluation by the Secretary of joint industry and landowner
proposals to designate areas as demonstration project areas),
the Secretary shall permit an owner or operator of land,
located within a demonstration project area, that is subject to
a contract entered into under this subtitle to harvest an
energy crop on the land if the owner or operator--
``(A) carries out appropriate conservation measures
and practices on the land;
``(B) harvests energy crops in accordance with this
subsection on not more than 75 percent of the land that
is subject to the contract, in accordance with a
conservation plan and in a manner and at times of the
year that ensure that soil, water, and wildlife habitat
subject to the conservation reserve program as a whole
are not compromised;
``(C) if harvesting of energy crops on the land is
discontinued, maintains grasses or trees on the land
for the duration of the contract; and
``(D) submits a bid under paragraph (3) that is
accepted by the Secretary.
``(3) Bids.--To carry out this subsection, the Secretary
shall establish a bid system under which an owner or operator
of land that is subject to a contract entered into under this
subtitle may offer to reduce the rental payments that would
otherwise be payable under the contract in exchange for
permission to harvest an energy crop on the land.
``(4) Cost-Sharing.--The Secretary shall pay an owner or
operator of land described in paragraph (2) 50 percent of the
cost of converting land under the contract that is planted to
grasses not identified as an energy crop to the production of
an energy crop.
``(5) Duration.--The Secretary shall permit an owner or
operator described in paragraph (2)--
``(A) to extend a contract entered into under this
subtitle for not to exceed 5 years; and
``(B) on expiration of a contract entered into
under this subtitle, obtain a priority, at an
appropriate rental rate, for reenrollment of the land
subject to the contract.''.
SEC. 4. HARVESTING OF ENERGY CROPS ON CONSERVATION USE ACREAGE.
Section 503 of the Agricultural Act of 1949 (7 U.S.C. 1463) is
amended--
(1) in subsection (c)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(9) any acreage on the farm that is planted to an energy
crop in accordance with subsection (i).''; and
(2) by adding at the end the following:
``(i) Energy Crops.--
``(1) Definition of energy crop.--In this subsection, the
term `energy crop' means a herbaceous perennial grass, a short
rotation woody coppice species of tree, or other crop, that may
be used to generate electric power or other energy product, as
determined by the Secretary in consultation with the State
technical committee for a State established under section 1261
of the Food Security Act of 1985 (16 U.S.C. 3861).
``(2) Planting of energy crops.--For purposes of this Act,
acreage on a farm that is planted to an energy crop shall be
considered devoted to conservation uses if the producers on the
farm carry out appropriate conservation measures and practices
on the acreage, in accordance with a conservation plan that is
approved by the Secretary.
``(3) Cost sharing.--The Secretary shall pay the producers
on a farm 50 percent of the cost of establishing an energy crop
if the producers agree to maintain the crop for at least 3 crop
years.''. | Energy Crop Production Act of 1995 - Amends the Food Security Act of 1985 and the Agricultural Act of 1949 to permit harvesting of crops on conservation reserve and conservation use lands that may be used to generate electric power or other energy products("energy crops"). | {"src": "billsum_train", "title": "Energy Crop Production Act of 1995"} | 1,182 | 58 | 0.537103 | 1.304116 | 0.800735 | 4.291667 | 23.291667 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drywall Safety Act of 2012''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Secretary of Commerce should insist that the Government
of the People's Republic of China, which has ownership interests in
the companies that manufactured and exported problematic drywall to
the United States, facilitate a meeting between the companies and
representatives of the United States Government on remedying
homeowners that have problematic drywall in their homes; and
(2) the Secretary of Commerce should insist that the Government
of the People's Republic of China direct the companies that
manufactured and exported problematic drywall to submit to
jurisdiction in United States Federal Courts and comply with any
decisions issued by the Courts for homeowners with problematic
drywall.
SEC. 3. DRYWALL LABELING REQUIREMENT.
(a) Labeling Requirement.--Beginning 180 days after the date of the
enactment of this Act, the gypsum board labeling provisions of standard
ASTM C1264-11 of ASTM International, as in effect on the day before the
date of the enactment of this Act, shall be treated as a rule
promulgated by the Consumer Product Safety Commission under section
14(c) of the Consumer Product Safety Act (15 U.S.C. 2063(c)).
(b) Revision of Standard.--If the gypsum board labeling provisions
of the standard referred to in subsection (a) are revised on or after
the date of the enactment of this Act, ASTM International shall notify
the Commission of such revision no later than 60 days after final
approval of the revision by ASTM International. The revised provisions
shall be treated as a rule promulgated by the Commission under section
14(c) of such Act (15 U.S.C. 2063(c)), in lieu of the prior version,
effective 180 days after the Commission is notified of the revision (or
such later date as the Commission considers appropriate), unless within
90 days after receiving that notice the Commission determines that the
revised provisions do not adequately identify gypsum board by
manufacturer and month and year of manufacture, in which case the
Commission shall continue to enforce the prior version.
SEC. 4. SULFUR CONTENT IN DRYWALL STANDARD.
(a) Rule on Sulfur Content in Drywall Required.--Except as provided
in subsection (c), not later than 2 years after the date of the
enactment of this Act, the Consumer Product Safety Commission shall
promulgate a final rule pertaining to drywall manufactured or imported
for use in the United States that limits sulfur content to a level not
associated with elevated rates of corrosion in the home.
(b) Rule Making; Consumer Product Safety Standard.--A rule under
subsection (a)--
(1) shall be promulgated in accordance with section 553 of
title 5, United States Code; and
(2) shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act (15
U.S.C. 2058).
(c) Exception.--
(1) Voluntary standard.--Subsection (a) shall not apply if the
Commission determines that--
(A) a voluntary standard pertaining to drywall manufactured
or imported for use in the United States limits sulfur content
to a level not associated with elevated rates of corrosion in
the home;
(B) such voluntary standard is or will be in effect not
later than two years after the date of enactment of this Act;
and
(C) such voluntary standard is developed by Subcommittee
C11.01 on Specifications and Test Methods for Gypsum Products
of ASTM International.
(2) Federal register.--Any determination made under paragraph
(1) shall be published in the Federal Register.
(d) Treatment of Voluntary Standard for Purposes of Enforcement.--
If the Commission determines that a voluntary standard meets the
conditions in subsection (c)(1), the sulfur content limit in such
voluntary standard shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act (15
U.S.C. 2058) beginning on the date that is the later of--
(1) 180 days after publication of the Commission's
determination under subsection (c); or
(2) the effective date contained in the voluntary standard.
(e) Revision of Voluntary Standard.--If the sulfur content limit of
a voluntary standard that met the conditions of subsection (c)(1) is
subsequently revised, the organization responsible for the standard
shall notify the Commission no later than 60 days after final approval
of the revision. The sulfur content limit of the revised voluntary
standard shall become enforceable as a Commission rule promulgated
under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), in
lieu of the prior version, effective 180 days after the Commission is
notified of the revision (or such later date as the Commission
considers appropriate), unless within 90 days after receiving that
notice the Commission determines that the sulfur content limit of the
revised voluntary standard does not meet the requirements of subsection
(c)(1)(A), in which case the Commission shall continue to enforce the
prior version.
(f) Future Rulemaking.--The Commission, at any time subsequent to
publication of the consumer product safety rule required by subsection
(a) or a determination under subsection (c), may initiate a rulemaking
in accordance with section 553 of title 5, United States Code, to
modify the sulfur content limit or to include any provision relating
only to the composition or characteristics of drywall that the
Commission determines is reasonably necessary to protect public health
or safety. Any rule promulgated under this subsection shall be treated
as a consumer product safety rule promulgated under section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058).
SEC. 5. REVISION OF REMEDIATION GUIDANCE FOR DRYWALL DISPOSAL REQUIRED.
Not later than 120 days after the date of the enactment of this
Act, the Consumer Product Safety Commission shall revise its guidance
entitled ``Remediation Guidance for Homes with Corrosion from Problem
Drywall'' to specify that problematic drywall removed from homes
pursuant to the guidance should not be reused or used as a component in
production of new drywall.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Drywall Safety Act of 2012 - (Sec. 2) Expresses the sense of Congress that the Secretary of Commerce should insist that: (1) the government of China, which has ownership interests in the companies that manufactured and exported problematic drywall to the United States, facilitate a meeting between the companies and U.S. government representatives about remedying affected homeowners; and (2) such companies comply with any related U.S. court decisions.
(Sec. 3) Requires certain gypsum board labeling standards of ASTM International (formerly known as the American Society for Testing and Materials), as in effect on the day before the enactment of this Act, to be treated as a rule promulgated by the Consumer Product Safety Commission (CPSC).
Provides procedures for: (1) ASTM International to notify the CPSC of any subsequent revision of such standards; and (2) the revised standards to become effective unless the CPSC, within a specified period, determines that the revisions do not adequately identify gypsum board by manufacturer and month and year of manufacture.
(Sec. 4) Requires the CPSC to promulgate a final rule concerning drywall manufactured or imported for domestic use that limits sulfur content to a level not associated with elevated rates of corrosion in the home. Provides exceptions, and means of enforcement as a rule, if the CPSC determines that a voluntary standard (developed by a specified Subcommittee on Specifications and Test Methods for Gypsum Products of ASTM International) is adequate to permit identification and publishes the determination in the Federal Register. Provides procedures for revision of such voluntary standards.
Allows the CPSC, at any time subsequent to publication of such a rule, to initiate a rulemaking to modify the sulfur content limit or include a provision relating only to drywall composition or characteristics that the CPSC determines is reasonably necessary to protect public health or safety.
(Sec. 5) Directs the CPSC to revise its "Remediation Guidance for Homes with Corrosion from Problem Drywall" to specify that problematic drywall removed pursuant to the guidance should not be reused or used as a component in production of new drywall. | {"src": "billsum_train", "title": "To prevent the introduction into commerce of unsafe drywall, to ensure the manufacturer of drywall is readily identifiable, to ensure that problematic drywall removed from homes is not reused, and for other purposes."} | 1,411 | 496 | 0.736502 | 2.622278 | 0.818861 | 4.267003 | 3.133501 | 0.856423 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Goods and Services Tax
Fairness Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Consumers, businesses, and other participants engaged
in electronic commerce may be subject to multiple, confusing,
and burdensome taxation because of inconsistent rules among
thousands of State and local jurisdictions and disparate
treatment of digital goods and digital services.
(2) A consistent framework for taxation is needed that will
not impede electronic commerce and the sale of digital goods
and digital services, by preventing multiple taxation, and
providing greater certainty and simplicity.
(3) Neutrality should guide tax policy and administration
in this area. Transactions involving similar types of goods and
services should be taxed fairly, regardless of the method and
means of distribution, whether through electronic transfer or
through other channels of commerce. New or different taxes on
electronic transactions should be barred.
(4) To ensure neutrality and avoid multiple taxation,
certain rules should be adapted to reflect the unique nature of
electronic commerce and how digital goods and digital services
are provided.
(5) To recognize the critical role that online health,
energy management, and education services will play in our
economy, these services should be exempt from all State and
local taxes.
SEC. 3. MULTIPLE AND DISCRIMINATORY TAXES PROHIBITED.
No State or local jurisdiction shall impose multiple or
discriminatory taxes on or with respect to the sale or use of digital
goods or digital services.
SEC. 4. RETAIL, SOURCING, AND OTHER LIMITATIONS.
(a) Retail Limitation.--Taxes on or with respect to the sale or use
of digital goods or digital services may be imposed only on or with
respect to a sale to, or use by, a customer.
(b) Sourcing Limitation.--
(1) In general.--Taxes on or with respect to the sale or
use of digital goods or digital services may be imposed only by
the State and local jurisdictions whose territorial limits
encompass the customer's tax address. This limitation shall be
deemed satisfied if sourcing is determined by a seller pursuant
to State sourcing rules adopted pursuant to the Streamlined
Sales and Use Tax Agreement.
(2) Tax address.--The customer's tax address shall be--
(A) with respect to digital goods or digital
services that are sold to a customer by a provider of
mobile telecommunications service that is subject to
being sourced under section 117 of title 4 of the
United States Code, and furnished to the customer in
conjunction with such provider's mobile
telecommunications service, the customer's place of
primary use, as defined in section 124 of title 4 of
the United States Code;
(B) if subparagraph (A) does not apply, and if the
digital good or digital service is received by the
customer at a business location of the seller, such
business location;
(C) if neither subparagraph (A) nor subparagraph
(B) applies, and if the location where the digital good
or digital service is received by the customer is known
to the seller, such location;
(D) if none of subparagraphs (A) through (C)
applies, the customer's address that is either known to
the seller or, if not known, obtained by the seller
during the consummation of the transaction, including
the address of the customer's payment instrument if no
other address is available;
(E) if an address is neither known nor obtained as
provided in subparagraph (D), the address of the seller
from which the digital good or digital service was
sold; and
(F) notwithstanding subparagraphs (A) through (E),
for digital goods or digital services that are
delivered to a person other than the customer,
including advertising services, the delivery location
if known or, otherwise, the customer's address
determined under subparagraph (D) or (E).
(c) Limit on Expansive Interpretation.--No tax on or with respect
to the sale or use of tangible personal property, telecommunications
service, Internet access service, or audio or video programming service
may be construed by any regulation, administrative ruling, or
otherwise, to be imposed on or with respect to the sale or use of a
digital good or a digital service. No tax on or with respect to the
sale or use of a digital good may be construed by any regulation,
administrative ruling, or otherwise, to be imposed on or with respect
to the sale or use of a digital service. The limitations provided by
this subsection shall not apply to any construction that was approved
by a judicial determination made on or before June 30, 2010.
(d) Certain Taxes Prohibited.--No tax shall be imposed on or with
respect to the sale or use of digital medical services, digital
education services, or digital energy management services.
SEC. 5. BUNDLED GOODS AND SERVICES.
If charges for digital goods or digital services are aggregated
with, and not separately stated from, charges for other goods or
services, then the charges for digital goods or digital services may be
taxed for purposes of this Act at the same rate and on the same basis
as charges for the other goods or services unless the seller can
reasonably identify the charges for the digital goods or digital
services from its books and records kept in the regular course of
business.
SEC. 6. DEFINITIONS AND OTHER SPECIAL RULES.
For the purposes of this Act, the following definitions and rules
apply:
(1) Customer.--The term ``customer'' means a person that
purchases a digital good or digital service, for a purpose
other than resale. For the purpose of determining a place of
primary use under section 4(b)(2)(A), ``customer'' means the
``end user'', as such term is used in section 124 of title 4 of
the United States Code, of the purchased digital good or
digital service. For purposes of this definition, purchase for
resale includes purchase of a digital good or digital service
for further commercial broadcast, rebroadcast, transmission,
retransmission, licensing, relicensing, reproduction, copying,
distribution, redistribution, or exhibition of the digital good
or digital service, in whole or in part, to another person.
(2) Delivered or transferred electronically.--The term
``delivered or transferred electronically'' means delivered or
transferred to the customer by means other than tangible
storage media. It is not necessary that the product or service
be physically transferred to the customer, provided that the
customer may access or remotely use the product or service.
(3) Digital good and digital service.--The term ``digital
good'' means any good or product that is delivered or
transferred electronically to the customer, including software,
information maintained in digital format, digital audio-visual
works, digital audio works, and digital books; and the term
``digital service'' means any service that is delivered or
transferred electronically to the customer, including the
provision of remote access to or use of a digital good, but the
term ``digital service'' does not include telecommunications
service, Internet access service, or audio or video programming
service. For purposes of this section, ``audio or video
programming'' means programming provided by, or generally
considered comparable to programming provided by, a radio or
television broadcast station. ``Video programming'' shall not
include interactive on-demand services, pay-per-view services,
or services generally considered comparable to such services
regardless of the technology used to provide such services.
(4) Digital education service.--The term ``digital
education service'' means a primary, secondary, undergraduate,
postgraduate, or professional educational service delivered or
transferred electronically to a practitioner or student.
(5) Digital energy management service.--The term ``digital
energy management service'' means a service that utilizes
digital information to manage a customer's energy use, to allow
a customer to respond to energy market information or
circumstances, or to identify customer demand with particular
energy supply.
(6) Digital medical service.--The term ``digital medical
service'' means a health care, health information, or health
education service that is delivered or transferred
electronically to a practitioner, researcher, or patient.
(7) Digital code.--The term ``digital code'' means a code
that conveys to a customer only the right to obtain a digital
good or digital service. A digital code may be obtained by any
means, including by email or by tangible means regardless of
its designation as ``song code'', ``video code'', or ``book
code''. The tax treatment of the sale or use of a digital code
shall be the same as the tax treatment of the digital good or
digital service to which the digital code relates. The sale of
the digital code shall be considered the sale transaction for
purposes of this Act.
(8) Discriminatory tax.--The term ``discriminatory tax''
means any tax imposed by a State or local jurisdiction--
(A) on or with respect to the sale or use of any
digital good or digital service at a higher rate than
is generally imposed on or with respect to the sale or
use of tangible personal property or of similar
services that are not delivered or transferred
electronically;
(B) on or with respect to any seller of digital
goods or digital services at a higher rate or by
incorporating a broader tax base than is generally
imposed on or with respect to sellers in transactions
involving tangible personal property or involving
similar services that are not delivered or transferred
electronically. This provision applies only to the
extent that the higher rate or broader tax base is
attributable to the fact that such person sells digital
goods or digital services; or
(C) that is required to be collected with respect
to the sale or use of digital goods or digital services
by different sellers or under other terms that are
disadvantageous to those applied in taxing the sale or
use of tangible personal property or of similar
services that are not delivered or transferred
electronically.
For purposes of this subsection, all taxes, tax rates,
exemptions, deductions, credits, incentives, exclusions, and
other similar factors shall be taken into account in
determining whether a tax is a discriminatory tax.
(9) Generally imposed.--A tax shall not be considered
``generally imposed'' if it is imposed only on specific
services, specific industries or business segments, or specific
types of property.
(10) Multiple tax.--The term ``multiple tax'' means any tax
with respect to which no credit is given for comparable taxes
paid to other States or local jurisdictions on the same
transaction. Taxes imposed by physically overlapping State or
local jurisdictions shall not be considered to be multiple
taxes by reason of being applied within the overlapping area.
(11) Sale and purchase.--The terms ``sale'' and
``purchase'', and all variations thereof, shall include
``lease'', ``rent'', and ``license'', and corresponding
variations thereof.
(12) Seller.--The term ``seller'' means a person making
sales of tangible personal property, digital goods, digital
services, or other services.
(13) State or local jurisdiction.--The term ``State or
local jurisdiction'' means any of the several States, the
District of Columbia, any territory or possession of the United
States, a political subdivision of any State, territory, or
possession, or any governmental entity or person acting on
behalf of such State, territory, possession, or subdivision and
with the authority to assess, impose, levy, or collect taxes.
(14) Tax.--The term ``tax'' means any charge imposed by any
governmental entity for the purpose of generating revenues for
governmental purposes, including any tax, charge, or fee levied
by a taxing jurisdiction as a fixed charge for each customer or
measured by gross amounts charged to customers, regardless of
whether such tax, charge, or fee is imposed on the vendor or
customer and regardless of the terminology used to describe the
tax, charge, or fee. The term ``tax'' does not include a tax on
or measured by net income or an ad valorem tax.
SEC. 7. FEDERAL JURISDICTION.
Notwithstanding section 1341 of title 28 of the United States Code,
and without regard to the amount in controversy or citizenship of the
parties, a district court of the United States has jurisdiction,
concurrent with other jurisdiction of courts of the United States and
the States, to prevent a violation of this Act.
SEC. 8. REGULATIONS.
The Secretary of Commerce, in consultation with the Secretary of
the Treasury, shall prescribe such regulations as may be necessary or
appropriate to carry out the purposes of this Act. In promulgating any
regulations under this Act, the Secretary shall also seek the
consultation of the Executive Director of the Governing Board of the
Streamlined Sales Tax Project.
SEC. 9. EFFECTIVE DATE; APPLICATION.
(a) General Rule.--This Act shall take effect on the date of the
enactment of this Act.
(b) Application to Liabilities and Pending Cases.--Nothing in this
Act affects liability for taxes accrued and enforced before the date of
enactment of this Act, or affects ongoing litigation relating to such
taxes, except as provided in section 4(c) of this Act.
SEC. 10. SENSE OF THE CONGRESS.
It is the sense of the Congress that each State shall take
reasonable steps necessary to prevent multiple taxation of digital
goods and digital services in situations where a foreign country has
imposed a tax on such goods or services. | Digital Goods and Services Tax Fairness Act of 2010 - Prohibits a state or local jurisdiction from imposing multiple or discriminatory taxes on or with respect to the sale or use of digital goods or services delivered or transferred electronically to a customer.
Restricts taxation of digital goods and services to the retail sale of such goods and services and by the jurisdiction encompassing a customer's tax address.
Prohibits the use of existing regulations or administrative rulings relating to the taxation of tangible personal property or other services to impose any tax on the sale or use of digital goods or services.
Prohibits taxation on or with respect to the sale or use of digital medical, education, or energy management services.
Provides that if charges for digital goods and services are not separately stated from charges for other goods or services, the charges for digital goods and services may be taxed at the same rate and on the same basis as charges for other goods and services unless the seller can reasonably identify the charges for digital goods and services from its business records.
Grants jurisdiction to federal district courts to prevent a violation of this Act.
Expresses the sense of Congress that each state shall take reasonable steps to prevent multiple taxation of digital goods and services where a foreign country has imposed a tax on such goods and services. | {"src": "billsum_train", "title": "To promote neutrality, simplicity, and fairness in the taxation of digital goods and digital services."} | 3,017 | 283 | 0.653003 | 2.056945 | 1.045894 | 4.46371 | 11.310484 | 0.955645 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Math and Science Teacher Recruitment
Act of 2002''.
SEC. 2. REVISION OF TEACHER LOAN FORGIVENESS PROGRAMS.
(a) Guaranteed Student Loans.--Part B of title IV of the Higher
Education Act of 1965 is amended by--
(1) redesignating section 428K (20 U.S.C. 1078-11) as
section 428L; and
(2) by inserting after section 428J the following new
section:
``SEC. 428K. EXPANDED LOAN FORGIVENESS FOR TEACHERS.
``(a) Purpose.--It is the purpose of this section to expand,
subject to the availability of appropriations, the eligibility of
individuals to qualify for loan forgiveness for teachers beyond that
available under section 428J, in order to provide additional incentives
for teachers of mathematics and science in low-income public middle and
secondary schools to enter and continue in the teaching profession.
``(b) Program Authorized.--
``(1) In general.--From the sums appropriated pursuant to
subsection (g), the Secretary shall carry out a program,
through the holder of the loan, of assuming the obligation to
repay a qualified loan amount for a loan made under section 428
or 428H, in accordance with subsection (c), for any borrower
who--
``(A) is employed as a full-time teacher in a low-
income public school in grades 7 through 12, inclusive,
as a teacher of mathematics or science;
``(B) has entered into an agreement with the local
educational agency to continue teaching in such grades
and subject matter for not less than 3 complete school
years;
``(C) had mathematics, life or physical sciences,
technology, or engineering as an undergraduate academic
major, or has a graduate degree in any such field, as
certified by the chief administrative officer of the
public school in which the borrower is employed;
``(D) has a State certification (which may include
certification obtained through alternative means) or a
State license to teach, and has not failed to comply
with State or local accountability standards; and
``(E) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Selection of recipients.--The Secretary shall by
regulation establish a formula that ensures fairness and
equality for applicants in the selection of borrowers for loan
repayment under this section, based on the amount of funds
available to carry out this section.
``(3) Continued eligibility.--Any teacher who performs
service in a school that--
``(A) meets the requirements of paragraph (1)(A) in
any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such paragraph,
may continue to teach in such school and shall be eligible for
loan forgiveness pursuant to subsection (b).
``(4) Prohibition of double benefits.--No borrower may, for
the same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.). No borrower may receive a
reduction of loan obligations under both this section and
section 428J, 460, or 460A.
``(c) Qualified Loan Amounts.--
``(1) In general.--The Secretary shall repay not more
than--
``(A) $2,500 for each complete school year of
teaching described in subsection (b)(1)(A) (after the
third or any succeeding such year); or
``(B) a total of $20,000.
``(2) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Definitions.--For purposes of this section:
``(1) The term `year', where applied to service as a
teacher, means an academic year as defined by the Secretary.
``(2) The term `low-income public school' means a public
school with high percentages or numbers of students from low-
income families, as determined under section 1113(a)(5) or
1124(c)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6313(a)(5), 6333(c)(1)).
``(e) Rule of Construction.--Nothing in this section may be
construed to authorize any refunding of any repayment of a loan.
``(f) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2003 and each of the 5 succeeding fiscal years.''.
(b) Direct Student Loans.--Part D of title IV of the Higher
Education Act of 1965 is amended by inserting after section 460 the
following new section:
``SEC. 460A. EXPANDED LOAN FORGIVENESS FOR TEACHERS.
``(a) Purpose.--It is the purpose of this section to expand,
subject to the availability of appropriations, the eligibility of
individuals to qualify for loan forgiveness for teachers beyond that
available under section 460, in order to provide additional incentives
for teachers of mathematics and science in low-income public middle and
secondary schools to enter and continue in the teaching profession.
``(b) Program Authorized.--
``(1) In general.--From the sums appropriated pursuant to
subsection (g), the Secretary shall cancel the obligation to
repay a qualified loan amount in accordance with subsection (c)
for Federal Direct Stafford Loans and Federal Direct
Unsubsidized Stafford Loans made under this part for any
borrower who--
``(A) is employed as a full-time teacher in a
public school in grades 7 through 12, inclusive, as a
teacher of mathematics or science;
``(B) has entered into an agreement with the local
educational agency to continue teaching in such grades
and subject matter for not less than 3 complete school
years;
``(C) had mathematics, life or physical sciences,
technology, or engineering as an undergraduate academic
major, or has a graduate degree in any such field, as
certified by the chief administrative officer of the
public school in which the borrower is employed;
``(D) has a State certification (which may include
certification obtained through alternative means) or a
State license to teach, and has not failed to comply
with State or local accountability standards; and
``(E) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Selection of recipients.--The Secretary shall by
regulation establish a formula that ensures fairness and
equality for applicants in the selection of borrowers for loan
repayment under this section, based on the amount of funds
available to carry out this section.
``(3) Continued eligibility.--Any teacher who performs
service in a school that--
``(A) meets the requirements of paragraph (1)(A) in
any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such paragraph,
may continue to teach in such school and shall be eligible for
loan forgiveness pursuant to subsection (b).
``(4) Prohibition of double benefits.--No borrower may, for
the same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.). No borrower may receive a
reduction of loan obligations under both this section and
section 428J, 428K, or 460.
``(c) Qualified Loan Amounts.--
``(1) In general.--The Secretary shall cancel not more
than--
``(A) $2,500 for each complete school year of
teaching described in subsection (b)(1)(A) (after the
third or any succeeding such year); or
``(B) a total of $20,000.
``(2) Treatment of consolidation loans.--A loan amount for
a Federal Direct Consolidation Loan may be a qualified loan
amount for the purposes of this subsection only to the extent
that such loan amount was used to repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or
a loan made under section 428 or 428H for a borrower who meets
the requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Definitions.--For purposes of this section:
``(1) The term `year', where applied to service as a
teacher, means an academic year as defined by the Secretary.
``(2) The term `low-income public school' means a public
school with high percentages or numbers of students from low-
income families, as determined under section 1113(a)(5) or
1124(c)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6313(a)(5), 6333(c)(1)).
``(e) Rule of Construction.--Nothing in this section may be
construed to authorize any refunding of any repayment of a loan.
``(f) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2003 and each of the 5 succeeding fiscal years.''.
SEC. 3. PUBLICATION OF INFORMATION CONCERNING AVAILABILITY OF PROGRAM.
Section 485(a)(1)(M) of the Higher Education Act of 1965 (20 U.S.C.
1092(a)(1)(M)) is amended--
(1) by striking ``, and'' at the end of clause (i) and
inserting a semicolon;
(2) by inserting ``and'' after the semicolon at the end of
clause (ii); and
(3) by inserting after clause (ii) the following new
clause:
``(iii) obtain repayment or cancellation of a
portion of such loan for service as a teacher under
sections 428J, 428K, 460, and 460A;''. | Math and Science Teacher Recruitment Act of 2002 - Amends the Higher Education Act of 1965 to establish new programs of student guaranteed and direct loan forgiveness for mathematics and science teachers in low-income, public middle and secondary schools. Requires for eligibility: (1) at least three consecutive complete school years of such teaching; (2) an undergraduate or graduate degree in mathematics, life or physical sciences, technology, or engineering; and (3) State certification or license. | {"src": "billsum_train", "title": "To establish expanded teacher loan forgiveness programs under the guaranteed and direct student loan programs for teachers of mathematics and science, and for other purposes."} | 2,398 | 92 | 0.544992 | 1.324014 | 1.18874 | 2.879121 | 23.527473 | 0.945055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State and Local Aid and Economic
Stimulus Act of 2003''.
SEC. 2. ONE-TIME REVENUE GRANT TO STATES AND LOCAL GOVERNMENTS.
(a) In General.--Chapter 67 of title 31, United States Code, is
amended by adding at the end the following new section:
``Sec. 6721. One-time revenue grant to States and local governments
``(a) Appropriation.--There is authorized to be appropriated and is
appropriated to carry out this section $40,000,000,000 for fiscal year
2003.
``(b) Allotments.--From the amount appropriated under subsection
(a) for fiscal year 2003, the Secretary of the Treasury shall, as soon
as practicable after the date of the enactment of this Act, allot to
each of the States as follows:
``(1) $20 billion based on population.--
``(A) State level.--$10,000,000,000 shall be
allotted among such States on the basis of the relative
population of each such State, as determined by the
Secretary on the basis of the most recent satisfactory
data.
``(B) Local government level.--$10,000,000,000
shall be allotted among such States as determined under
subparagraph (A) for distribution to the various units
of general local government within such States on the
basis of the relative population of each such unit
within each such State, as determined by the Secretary
on the basis of the most recent satisfactory data.
``(2) $20 billion based on change in unemployment rate.--
``(A) Tier 1.--
``(i) State level.--$2,500,000,000 shall be
allotted among such States which have
experienced a tier 1 unemployment rate on the
basis of the relative number of unemployed
individuals for calendar year 2002 in each such
State, as determined by the Secretary on the
basis of the most recent satisfactory data.
``(ii) Local government level.--
$2,500,000,000 shall be allotted among such
States which have experienced a tier 1
unemployment rate as determined under clause
(i) for distribution to the various units of
general local government within such States on
the basis of the relative number of unemployed
individuals for calendar year 2002 in each such
unit within each such State, as determined by
the Secretary on the basis of the most recent
satisfactory data.
``(B) Tier 2.--
``(i) State level.--$7,500,000,000 shall be
allotted among such States which have
experienced a tier 2 unemployment rate on the
basis of the relative number of unemployed
individuals for calendar year 2002 in each such
State, as determined by the Secretary on the
basis of the most recent satisfactory data.
``(ii) Local government level.--
$7,500,000,000 shall be allotted among such
States which have experienced a tier 2
unemployment rate as determined under clause
(i) for distribution to the various units of
general local government within such States on
the basis of the relative number of unemployed
individuals for calendar year 2002 in each such
unit within each such State, as determined by
the Secretary on the basis of the most recent
satisfactory data.
``(c) Guidelines for Use of Funds.--It is the sense of Congress
that priority for using the funds allotted under this section should be
given to homeland security, medicaid, public health, highway
construction, childcare, elementary, secondary, and higher education,
and the prevention of additional property tax increases.
``(d) Definitions.--For purposes of this section--
``(1) State.--The term `State' means any of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``(2) Unit of general local government.--
``(A) In general.--The term `unit of general local
government' means--
``(i) a county, parish, township, city, or
political subdivision of a county, parish,
township, or city, that is a unit of general
local government as determined by the Secretary
of Commerce for general statistical purposes;
and
``(ii) the District of Columbia, the
Commonwealth of Puerto Rico, and the recognized
governing body of an Indian tribe or Alaskan
native village that carries out substantial
governmental duties and powers.
``(B) Treatment of subsumed areas.--For purposes of
determining a unit of general local government under
this section, the rules under section 6720(c) of title
31, United States Code, shall apply.
``(3) Unemployment.--With respect to any State or unit of
general local government--
``(A) Tier 1 unemployment rate.--The term `tier 1
unemployment rate' means an unemployment rate for
calendar year 2002 which was at least .4 but not more
than 1.0 percentage point greater than such rate for
calendar year 2000.
``(B) Tier 2 unemployment rate.--The term `tier 2
unemployment rate' means an unemployment rate for
calendar year 2002 which was more than 1.0 percentage
point greater than such rate for calendar year 2000.''.
(b) Conforming Amendment.--The table of sections for chapter 67 of
title 31, United States Code, is amended by adding at the end the
following new item:
``6721. One-time revenue grant to States and local governments.''. | State and Local Aid and Economic Stimulus Act of 2003 - Amends Federal law to authorize and make appropriations for FY 2003 for a one-time revenue grant to States and local governments.Specifies amounts to be allotted to each of the States based upon population and changes in unemployment rates.Declares the sense of Congress that priority for using funds allotted under this Act should be given to homeland security, medicaid, public health, highway construction, childcare, elementary, secondary, and higher education, and the prevention of additional property tax increases. | {"src": "billsum_train", "title": "A bill to amend title 31, United States Code, to provide Federal aid and economic stimulus through a one-time revenue grant to the States and their local governments."} | 1,183 | 122 | 0.47993 | 1.175644 | 0.598995 | 5.970588 | 10.637255 | 0.872549 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Family Priority Act''.
SEC. 2. IMMEDIATE RELATIVE DEFINITION.
Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) is amended--
(1) by striking ``children, spouses, and parents'' and
inserting ``children and spouses''; and
(2) by striking ``States, except that'' and all that
follows through ``of age.'' and inserting ``States.''.
SEC. 3. CHANGE IN FAMILY-SPONSORED IMMIGRANT CATEGORIES.
Section 203(a) of the Immigration and Nationality Act (8 U.S.C.
1153(a)) is amended to read as follows:
``(a) Preference Allocation for Spouses and Children of Permanent
Resident Aliens.--Qualified immigrants who are the spouses or children
of an alien lawfully admitted for permanent residence shall be allotted
visas in a number not to exceed the worldwide level specified in
section 201(c).''.
SEC. 4. CHANGE IN WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS.
Section 201(c) of the Immigration and Nationality Act (8 U.S.C.
1151(c)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) The worldwide level of family-sponsored immigrants
under this subsection for a fiscal year is equal to--
``(A) 88,000; minus
``(B) the number computed under paragraph (2).'';
(2) by striking paragraphs (2), (3), and (5); and
(3) by redesignating paragraph (4) as paragraph (2).
SEC. 5. CONFORMING AMENDMENTS.
(a) Numerical Limitation to Any Single Foreign State.--Section 202
of the Immigration and Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(4)--
(A) by amending subparagraphs (A) and (B) to read
as follows:
``(A) 75 percent of family-sponsored immigrants not
subject to per country limitation.--Of the visa numbers
made available under section 203(a) in any fiscal year,
75 percent shall be issued without regard to the
numerical limitation under paragraph (2).
``(B) Treatment of remaining 25 percent for
countries subject to subsection (e).--
``(i) In general.--Of the visa numbers made
available under section 203(a) in any fiscal
year, the remaining 25 percent shall be
available, in the case of a foreign state or
dependent area that is subject to subsection
(e) only to the extent that the total number of
visas issued in accordance with subsection (A)
to natives of the foreign state or dependent
area is less than the subsection (e) ceiling
(as defined in clause (ii)).
``(ii) Subsection (e) ceiling defined.--In
clause (i), the term `subsection (e) ceiling'
means, for a foreign state or dependent area,
77 percent of the maximum number of visas that
may be made available under section 203(a) to
immigrants who are natives of the state or area
consistent with subsection (e).''; and
(B) by striking subparagraphs (C) and (D); and
(2) in subsection (e)--
(A) in paragraph (1), by adding ``and'' at the end;
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(C) in the final sentence, by striking
``respectively,'' and all that follows through the
period at the end and inserting ``respectively.''.
(b) Rules for Determining Whether Certain Aliens Are Children.--
Section 203(h) of the Immigration and Nationality Act (8 U.S.C.
1153(h)) is amended by striking ``(a)(2)(A)'' each place such term
appears and inserting ``(a)''.
(c) Procedure for Granting Immigrant Status.--Section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(i), by striking ``to
classification by reason of a relationship described in
paragraph (1), (3), or (4) of section 203(a) or'';
(B) in subparagraph (B), by striking
``203(a)(2)(A)'' and ``203(a)(2)'' each place such
terms appear and inserting ``203(a)''; and
(C) in subparagraph (D)(i)(I), by striking ``a
petitioner for preference status under paragraph (1),
(2), or (3)'' and all that follows through the period
at the end and inserting ``an individual under 21 years
of age for purposes of adjudicating such petition and
for purposes of admission as an immediate relative
under section 201(b)(2)(A)(i) or a family-sponsored
immigrant under section 203(a), as appropriate,
notwithstanding the actual age of the individual.'';
(2) in subsection (f)(1), by striking ``201(b), 203(a)(1),
or 203(a)(3), as appropriate.'' and inserting ``201(b).''; and
(3) by striking subsection (k).
(d) Waivers of Inadmissibility.--Section 212(d)(11) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is amended by
striking ``(other than paragraph (4) thereof)''.
(e) Conditional Permanent Resident Status for Certain Alien Spouses
and Sons and Daughters.--Section 216(h)(1)(C) of the Immigration and
Nationality Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking
``203(a)(2)'' and inserting ``203(a)''.
(f) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended
by striking ``203(a)(2)'' and inserting ``203(a)''.
SEC. 6. NONIMMIGRANT STATUS FOR ALIEN PARENT OF ADULT UNITED STATES
CITIZENS.
(a) In General.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(1) in subparagraph (U), by striking ``or'' at the end;
(2) in subparagraph (V), by striking the period at the end
and inserting ``or''; and
(3) by adding at the end the following:
``(W) Subject to section 214(s), an alien who is a parent
of a citizen of the United States, if the citizen is at least
21 years of age.''.
(b) Conditions on Admission.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended by adding at the end the
following:
``(s)(1) The initial period of authorized admission for a
nonimmigrant described in section 101(a)(15)(W) shall be 5 years. Such
period may be extended by the Secretary of Homeland Security so long as
the United States citizen son or daughter of the nonimmigrant is
residing in the United States.
``(2) A nonimmigrant described in section 101(a)(15)(W) is not
authorized to be employed in the United States and is not eligible,
notwithstanding any other provision of law, for any Federal, State, or
local public benefit. In the case of such a nonimmigrant, the United
States citizen son or daughter shall be responsible for the support of
the nonimmigrant, regardless of the resources of the nonimmigrant.
``(3) An alien is ineligible to receive a visa and ineligible to be
admitted into the United States as a nonimmigrant described in section
101(a)(15)(W) unless the alien provides satisfactory proof that the
United States citizen son or daughter has arranged for the provision to
the alien, at no cost to the alien, of health insurance coverage
applicable during the period of the alien's presence in the United
States.''.
SEC. 7. EFFECTIVE DATE; APPLICABILITY.
The amendments made by this Act shall take effect on the first day
of the second fiscal year that begins after the date of the enactment
of this Act, except that the following shall be considered invalid:
(1) Any petition under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) seeking classification of an
alien under a family-sponsored immigrant category eliminated by
the amendments made by this Act that is filed after the date of
the introduction of this Act.
(2) Any application for an immigrant visa based on a
petition described in paragraph (1). | Nuclear Family Priority Act Amends the Immigration and Nationality Act to eliminate parents from the definition of "immediate relatives" with respect to those aliens not subject to worldwide immigration levels or numerical limitations. Replaces existing family-sponsored immigrant categories with a single preference allocation for spouses and children of permanent resident aliens. Reduces the number of, and revises the calculation for, fiscal year family-sponsored immigrant entrants. Establishes a nonimmigrant visa category for an alien who is a parent of a U.S. citizen at least 21 years old. | {"src": "billsum_train", "title": "Nuclear Family Priority Act"} | 2,150 | 136 | 0.540081 | 1.463429 | 0.60369 | 2.37 | 17.49 | 0.79 |
SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER PILOT PROGRAM.
(a) Establishment.--If the Secretary of Commerce determines, on the
basis of comments submitted in rulemaking under section 2, that--
(1) interest among manufacturers is sufficient to warrant
the establishment of a 3-year toll free number pilot program,
and
(2) manufacturers will provide fees under section 2(c) so
that the program will operate without cost to the Federal
Government,
the Secretary shall establish such program solely to help inform
consumers whether a product is made in America or the equivalent
thereof. The Secretary shall publish the toll-free number by notice in
the Federal Register.
(b) Contract.--The Secretary of Commerce shall enter into a
contract for--
(1) the establishment and operation of the toll free number
pilot program provided for in subsection (a), and
(2) the registration of products pursuant to regulations
issued under section 2,
which shall be funded entirely from fees collected under section 2(c).
(c) Use.--The toll free number shall be used solely to inform
consumers as to whether products are registered under section 2 as made
in America or the equivalent thereof. Consumers shall also be informed
that registration of a product does not mean--
(1) that the product is endorsed or approved by the
Government,
(2) that the Secretary has conducted any investigation to
confirm that the product is a product which meets the
definition of made in America or the equivalent thereof, or
(3) that the product contains 100 percent United States
content.
SEC. 2. REGISTRATION.
(a) Proposed Regulation.--The Secretary of Commerce shall propose a
regulation--
(1) to establish a procedure under which the manufacturer
of a product may voluntarily register such product as complying
with the definition of a product made in America or the
equivalent thereof and have such product included in the
information available through the toll free number established
under section 1(a);
(2) to establish, assess, and collect a fee to cover all
the costs (including start-up costs) of registering products
and including registered products in information provided under
the toll-free number;
(3) for the establishment under section 1(a) of the toll-
free number pilot program; and
(4) to solicit views from the private sector concerning the
level of interest of manufacturers in registering products
under the terms and conditions of paragraph (1).
(b) Promulgation.--If the Secretary determines based on the
comments on the regulation proposed under subsection (a) that the toll-
free number pilot program and the registration of products is
warranted, the Secretary shall promulgate such regulations.
(c) Registration Fee.--
(1) In general.--Manufacturers of products included in
information provided under section 1 shall be subject to a fee
imposed by the Secretary of Commerce to pay the cost of
registering products and including them in information provided
under subsection (a).
(2) Amount.--The amount of fees imposed under paragraph (1)
shall--
(A) in the case of a manufacturer, not be greater
than the cost of registering the manufacturer's product
and providing product information directly attributable
to such manufacturer, and
(B) in the case of the total amount of fees, not be
greater than the total amount appropriated to the
Secretary of Commerce for salaries and expenses
directly attributable to registration of manufacturers
and having products included in the information
provided under section 1(a).
(3) Crediting and availability of fees.--
(A) In general.--Fees collected for a fiscal year
pursuant to paragraph (1) shall be credited to the
appropriation account for salaries and expenses of the
Secretary of Commerce and shall be available in
accordance with appropriation Acts until expended
without fiscal year limitation.
(B) Collections and appropriation acts.--The fees
imposed under paragraph (1)--
(i) shall be collected in each fiscal year
in an amount equal to the amount specified in
appropriation Acts for such fiscal year, and
(ii) shall only be collected and available
for the costs described in paragraph (2).
SEC. 3. PENALTY.
Any manufacturer of a product who knowingly registers a product
under section 2 which is not made in America or the equivalent
thereof--
(1) shall be subject to a civil penalty of not more than
$7500 which the Secretary of Commerce may assess and collect,
and
(2) shall not offer such product for purchase by the
Federal Government.
SEC. 4. DEFINITION.
For purposes of this Act:
(1) The term ``made in America or the equivalent thereof''
means--
(A) an unmanufactured end product mined or produced
in the United States; or
(B) an end product manufactured in the United
States if the value of its components mined, produced,
or manufactured in the United States equals 90 percent
or more of the total value of all of its components.
(2) The term ``product'' means a product with a retail
value of at least $250.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or in any regulation promulgated under section
2 shall be construed to alter, amend, modify, or otherwise affect in
any way, the Federal Trade Commission Act or the opinions, decisions,
and rules of the Federal Trade Commission under such Act regarding the
use of the term ``made in America or the equivalent thereof'' in labels
on products introduced, delivered for introduction, sold, advertised,
or offered for sale in commerce.
Passed the House of Representatives August 8, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Directs the Secretary of Commerce, upon determining on the basis of comments submitted in rulemaking under this Act that interest among manufacturers is sufficient to warrant the establishment of a three-year toll free number pilot program and manufacturers will provide fees so that the program will operate without cost to the Federal Government, to: (1) establish such program solely to help inform consumers whether a product is made in America or the equivalent thereof; and (2) publish the toll-free number in the Federal Register.
Requires: (1) the Secretary to contract for the establishment and operation of such pilot program and the registration of products; and (2) such number to be used solely to inform consumers as to whether products are American made. Requires consumers to be informed that such registration does not mean that: (1) the product is endorsed or approved by the Government; (2) the Secretary has conducted any investigation to confirm that the product meets the definition of American made; or (3) the product contains 100 percent U.S. content.
(Sec. 2) Directs the Secretary to propose regulations to: (1) establish a procedure under which the manufacturer of a product may voluntarily register such product as complying with such definition and have such product included in the information available through the toll free number; (2) establish, assess, and collect a fee to cover all costs of registering products and including registered products in information provided under the number; (3) establish the pilot program; and (4) solicit views from the private sector concerning the level of interest of manufacturers in registering products. Requires the Secretary to promulgate such regulations if the pilot program and product registration is determined to be warranted.
Sets forth provisions regarding: (1) registration fees; and (2) penalties for manufacturers who knowingly register a product which is not American made. | {"src": "billsum_train", "title": "To establish a toll free number in the Department of Commerce to assist consumers in determining if products are American-made."} | 1,205 | 375 | 0.834177 | 2.772196 | 0.888665 | 4.491892 | 3.145946 | 0.92973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Suicide Early Intervention and
Prevention Expansion Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More children and young adults die from suicide each
year than from cancer, heart disease, AIDS, birth defects,
stroke, and chronic lung disease combined.
(2) Over 4,000 children and young adults tragically take
their lives every year, making suicide the third overall cause
of death between the ages of 10 and 24. According to the
Centers for Disease Control and Prevention suicide is the third
overall cause of death among college-age students.
(3) According to the National Center for Injury Prevention
and Control of the Centers for Disease Control and Prevention,
children and young adults accounted for 15 percent of all
suicides completed in 2000.
(4) From 1952 to 1995, the rate of suicide in children and
young adults has tripled.
(5) From 1980 to 1997, the rate of suicide among young
adults ages 15 to 19 increased 11 percent.
(6) From 1980 to 1997, the rate of suicide among children
ages 10 to 14 increased 109 percent.
(7) According to the National Center of Health Statistics,
suicide rates among Native Americans range from 1.5 to 3 times
the national average for other groups, with young people ages
15 to 34 making up 64 percent of all suicides.
(8) Congress has recognized that youth suicide is a public
health tragedy linked to underlying mental health problems and
that youth suicide early intervention and prevention activities
are national priorities.
(9) Youth suicide early intervention and prevention have
been listed as urgent public health priorities by the
President's New Freedom Commission in Mental Health (2002), the
Institute of Medicine's Reducing Suicide: A National Imperative
(2002), the National Strategy for Suicide Prevention: Goals and
Objectives for Action (2001), and the Surgeon General's Call to
Action To Prevent Suicide (1999).
(10) Many States have already developed comprehensive youth
suicide early intervention and prevention strategies that seek
to provide effective early intervention and prevention
services.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICES ACT.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399O. SUICIDE PREVENTION FOR CHILDREN AND ADOLESCENTS.
``(a) Youth Suicide Early Intervention and Prevention Strategies.--
``(1) In general.--The Secretary shall award grants or
cooperative agreements to eligible entities to--
``(A) develop and implement statewide youth suicide
early intervention and prevention strategies in
schools, educational institutions, juvenile justice
systems, substance abuse programs, mental health
programs, foster care systems, and other child and
youth support organizations;
``(B) collect and analyze data on statewide youth
suicide early intervention and prevention services that
can be used to monitor the effectiveness of such
services and for research, technical assistance, and
policy development; and
``(C) assist States, through statewide youth
suicide early intervention and prevention strategies,
in achieving their targets for youth suicide reductions
under title V of the Social Security Act (42 U.S.C. 701
et seq.).
``(2) Eligible entity defined.--In this subsection, the
term `eligible entity' means a State, political subdivision of
a State, federally-recognized Indian tribe, tribal
organization, public organization, or private nonprofit
organization actively involved in youth suicide early
intervention and prevention activities and in the development
and continuation of statewide youth suicide early intervention
and prevention strategies.
``(3) Preference.--The Secretary shall give preference to
eligible entities that--
``(A) provide early intervention services to youth
in, and that are integrated with, school systems,
educational institutions, juvenile justice systems,
substance abuse programs, mental health programs,
foster care systems, and other child and youth support
organizations;
``(B) demonstrate collaboration among early
intervention and prevention services or certify that
entities will engage in future collaboration;
``(C) employ or include in their applications a
commitment to engage in an evaluative process the best
evidence-based or promising youth suicide early
intervention and prevention practices and strategies
adapted to the local community;
``(D) provide for the timely assessment of youth
who are at risk for emotional disorders which may lead
to suicide attempts;
``(E) provide timely referrals for appropriate
community-based mental health care and treatment of
youth in all child-serving settings and agencies who
are at risk for suicide;
``(F) provide immediate support and information
resources to families of youth who are at risk for
emotional behavioral disorders which may lead to
suicide attempts;
``(G) offer equal access to services and care to
youth with diverse linguistic and cultural backgrounds;
``(H) offer appropriate postvention services, care,
and information to families, friends, schools,
educational institutions, juvenile justice systems,
substance abuse programs, mental health programs,
foster care systems, and other child and youth support
organizations of youth who recently completed suicide;
``(I) offer continuous and up-to-date information
and awareness campaigns that target parents, family
members, child care professionals, community care
providers, and the general public and highlight the
risk factors associated with youth suicide and the
life-saving help and care available from early
intervention and prevention services;
``(J) ensure that information and awareness
campaigns on youth suicide risk factors, and early
intervention and prevention services, use effective
communication mechanisms that are targeted to and reach
youth, families, schools, educational institutions, and
youth organizations;
``(K) provide a timely response system to ensure
that child-serving professionals and providers are
properly trained in youth suicide early intervention
and prevention strategies and that child-serving
professionals and providers involved in early
intervention and prevention services are properly
trained in effectively identifying youth who are at
risk for suicide;
``(L) provide continuous training activities for
child care professionals and community care providers
on the latest best evidence-based youth suicide early
intervention and prevention services practices and
strategies; and
``(M) work with interested families and advocacy
organizations to conduct annual self-evaluations of
outcomes and activities on the State level, according
to standards established by the Secretary.
``(b) Technical Assistance, Data Management, and Research.--
``(1) Technical assistance and data management.--
``(A) In general.--The Secretary shall award
technical assistance grants and cooperative agreements
to State agencies to conduct assessments independently
or in collaboration with educational institutions
related to the development of statewide youth suicide
early intervention and prevention strategies.
``(B) Authorized activities.--Grants awarded under
subparagraph (A) shall be used to establish programs
for the development of standardized procedures for data
management, such as--
``(i) ensuring the quality surveillance of
youth suicide early intervention and prevention
strategies;
``(ii) providing technical assistance on
data collection and management;
``(iii) studying the costs and
effectiveness of statewide youth suicide early
intervention and prevention strategies in order
to answer relevant issues of importance to
State and national policymakers;
``(iv) further identifying and
understanding causes of and associated risk
factors for youth suicide;
``(v) ensuring the quality surveillance of
suicidal behaviors and nonfatal suicidal
attempts;
``(vi) studying the effectiveness of
statewide youth suicide early intervention and
prevention strategies on the overall wellness
and health promotion strategies related to
suicide attempts; and
``(vii) promoting the sharing of data
regarding youth suicide with Federal agencies
involved with youth suicide early intervention
and prevention, and statewide youth suicide
early intervention and prevention strategies
for the purpose of identifying previously
unknown mental health causes and associated
risk-factors for suicide in youth.
``(2) Research.--
``(A) In general.--The Secretary shall conduct a
program of research and development on the efficacy of
new and existing youth suicide early intervention
techniques and technology, including clinical studies
and evaluations of early intervention methods, and
related research aimed at reducing youth suicide and
offering support for emotional and behavioral disorders
which may lead to suicide attempts.
``(B) Disseminating research.--The Secretary shall
promote the sharing of research and development data
developed pursuant to subparagraph (A) with the Federal
agencies involved in youth suicide early intervention
and prevention, and entities involved in statewide
youth suicide early intervention and prevention
strategies for the purpose of applying and integrating
new techniques and technology into existing statewide
youth suicide early intervention and strategies
systems.
``(c) Coordination and Collaboration.--
``(1) In general.--In carrying out this section, the
Secretary shall collaborate and consult with--
``(A) other Federal agencies and State and local
agencies, including agencies responsible for early
intervention and prevention services under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), the
State Children's Health Insurance Program under title
XXI of the Social Security Act (42 U.S.C. 1397aa et
seq.), programs funded by grants under title V of the
Social Security Act (42 U.S.C. 701 et seq.), and
programs under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.),
and the National Strategy for Suicide Prevention
Federal Steering Group;
``(B) local and national organizations that serve
youth at risk for suicide and their families;
``(C) relevant national medical and other health
and education specialty organizations;
``(D) youth who are at risk for suicide, who have
survived suicide attempts, or who are currently
receiving care from early intervention services;
``(E) families and friends of youth who are at risk
for suicide, who have survived suicide attempts, who
are currently receiving care from early intervention
and prevention services, or who have completed suicide;
``(F) qualified professionals who possess the
specialized knowledge, skills, experience, and relevant
attributes needed to serve youth at risk for suicide
and their families; and
``(G) third-party payers, managed care
organizations, and related commercial industries.
``(2) Policy development.--The Secretary shall coordinate
and collaborate on policy development at the Federal and State
levels and with the private sector, including consumer,
medical, suicide prevention advocacy groups, and other health
and education professional-based organizations, with respect to
statewide youth suicide early intervention and prevention
strategies.
``(d) Rule of Construction; Religious Accommodation.--Nothing in
this section shall be construed to preempt any State law, including any
State law that does not require the suicide early intervention for
youth whose parents or legal guardians object to such early
intervention based on the parents' or legal guardians' religious
beliefs.
``(e) Evaluation.--
``(1) In general.--The Secretary shall conduct an
evaluation to analyze the effectiveness and efficacy of the
activities conducted with grants under this section.
``(2) Report.--Not later than 2 years after the date of
enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a report concerning the
results of the evaluation conducted under paragraph (1).
``(f) Definitions.--In this section:
``(1) Best evidence-based.--The term `best evidence-based'
with respect to programs, means programs that have undergone
scientific evaluation and have proven to be effective.
``(2) Early intervention.--The term `early intervention'
means a strategy or approach that is intended to prevent an
outcome or to alter the course of an existing condition.
``(3) Educational institution.--The term `educational
institution' means a high school, vocational school, or an
institution of higher education.
``(4) Prevention.--The term `prevention' means a strategy
or approach that reduces the likelihood or risk of onset, or
delays the onset, of adverse health problems or reduces the
harm resulting from conditions or behaviors.
``(5) School.--The term `school' means a nonprofit
institutional day or residential school that provides an
elementary, middle, or secondary education, as determined under
applicable State law, except that such term does not include
any education beyond the 12th grade.
``(6) Youth.--The term `youth' means individuals who are
between 6 and 24 years of age.
``(g) Authorization of Appropriations.--
``(1) Statewide youth suicide early intervention and
prevention strategies.--For the purpose of carrying out
subsection (a), there are authorized to be appropriated
$25,000,000 for fiscal year 2005, $25,000,000 for fiscal year
2006, $25,000,000 for fiscal year 2007, and such sums as may be
necessary for each subsequent fiscal year.
``(2) Technical assistance, data management, and
research.--For the purpose of carrying out subsection (b),
there are authorized to be appropriated $5,000,000 for fiscal
year 2005, $5,000,000 for fiscal year 2006, $5,000,000 for
fiscal year 2007, and such sums as may be necessary for each
subsequent fiscal year.''. | Youth Suicide Early Intervention and Prevention Expansion Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants or cooperative agreements to eligible entities that: (1) develop and implement statewide youth suicide early intervention and prevention strategies in schools, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations; (2) collect and analyze data on statewide youth suicide early intervention and prevention services to monitor the effectiveness of such services and for research, technical assistance, and policy development; and (3) assist States in achieving their targets for youth suicide reductions. Provides for preferential treatment in the award of grants for entities that engage in certain specified activities.
Requires the Secretary to: (1) award technical assistance grants and cooperative agreements to State agencies to conduct assessments of the development of such intervention and prevention strategies; (2) conduct research and development on the efficacy of new and existing youth suicide early intervention techniques and technology; (3) promote the sharing of this research and development with relevant Federal and State agencies and statewide entities for the purpose of applying and integrating new techniques and technology into existing intervention systems; (4) collaborate with specified agencies, organizations, and individuals to carry out this Act; and (5) conduct an evaluation of the effectiveness of the activities conducted under this Act. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to support the planning, implementation, and evaluation of organized activities involving statewide youth suicide early intervention and prevention strategies, and for other purposes."} | 2,835 | 282 | 0.52965 | 1.530502 | 0.693539 | 4.408759 | 10.167883 | 0.970803 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Support for Families Act''.
SEC. 2. GRANTS TO STATES FOR QUALITY HOME VISITATION PROGRAMS FOR
FAMILIES WITH YOUNG CHILDREN AND FAMILIES EXPECTING
CHILDREN.
Part B of title IV of the Social Security Act (42 U.S.C. 621-629i)
is amended by adding at the end the following:
``Subpart 3--Support for Quality Home Visitation Programs
``SEC. 440. HOME VISITATION PROGRAMS FOR FAMILIES WITH YOUNG CHILDREN
AND FAMILIES EXPECTING CHILDREN.
``(a) Purpose.--The purpose of this section is to improve the well-
being and development of children by enabling the establishment and
expansion of quality programs providing voluntary home visitation for
families with young children and families expecting children.
``(b) Grant Application.--A State that desires to receive a grant
under this section shall submit to the Secretary, at such time and in
such manner as the Secretary may require, an application for the grant
that includes the following:
``(1) Description of home visitation programs.--A
description of the high quality programs of home visitation for
families with young children and families expecting children
that will be supported by a grant made to the State under this
section, the outcomes the programs are intended to achieve, and
the evidence supporting the effectiveness of the programs.
``(2) Results of needs assessment.--The results of a
statewide needs assessment that describes--
``(A) the number, quality, and capacity of home
visitation programs for families with young children
and families expecting children in the State;
``(B) the number and types of eligible families who
are receiving services under the programs;
``(C) the sources and amount of funding provided to
the programs;
``(D) the gaps in early childhood home visitation
in the State, including identification of communities
that are in high need of the services; and
``(E) training and technical assistance activities
designed to achieve or support the goals of the
programs.
``(3) Assurances.--Assurances from the State that--
``(A) in supporting home visitation programs using
funds provided under this section, the State shall
identify and prioritize serving communities that are in
high need of such services, especially communities with
a high proportion of low-income families or a high
incidence of child maltreatment;
``(B) the State will reserve 5 percent of the grant
funds for training and technical assistance to the home
visitation programs using such funds;
``(C) in supporting home visitation programs using
funds provided under this section, the State will
promote coordination and collaboration with other child
and family services, health services, income supports,
and other related assistance;
``(D) home visitation programs supported using such
funds will, when appropriate, provide referrals to
other programs serving children and families; and
``(E) the State will comply with subsection (i),
and cooperate with any evaluation conducted under
subsection (j).
``(4) Other information.--Such other information as the
Secretary may require.
``(c) Allotments.--
``(1) Indian tribes.--From the amount reserved under
subsection (m)(2) for a fiscal year, the Secretary shall allot
to each Indian tribe that meets the requirement of subsection
(d), if applicable, for the fiscal year the amount that bears
the same ratio to the amount so reserved as the number of
children in the Indian tribe whose families have income that
does not exceed 200 percent of the poverty line bears to the
total number of children in such Indian tribes whose families
have income that does not exceed 200 percent of the poverty
line.
``(2) States and territories.--From the amount appropriated
under subsection (n) for a fiscal year that remains after
making the reservations required by subsection (m), the
Secretary shall allot to each State that is not an Indian tribe
and that meets the requirement of subsection (d), if
applicable, for the fiscal year the amount that bears the same
ratio to the remainder of the amount so appropriated as the
number of children in the State whose families have income that
does not exceed 200 percent of the poverty line bears to the
total number of children in such States whose families have
income that does not exceed 200 percent of the poverty line.
``(3) Reallotments.--The amount of any allotment to a State
under a paragraph of this subsection for any fiscal year that
the State certifies to the Secretary will not be expended by
the State pursuant to this section shall be available for
reallotment using the allotment methodology specified in that
paragraph. Any amount so reallotted to a State is deemed part
of the allotment of the State under this subsection.
``(d) Maintenance of Effort.--Beginning with fiscal year 2011, a
State meets the requirement of this subsection for a fiscal year if the
Secretary finds that the aggregate expenditures by the State for
quality programs of home visitation for families with young children
and families expecting children for the then preceding fiscal year was
not less than 100 percent of such aggregate expenditures for the then
2nd preceding fiscal year.
``(e) Payment of Grant.--
``(1) In general.--The Secretary shall make a grant to each
State that meets the requirements of subsections (b) and (d),
if applicable, for a fiscal year for which funds are
appropriated under subsection (n), in an amount equal to the
lesser of--
``(A) the reimbursable percentage of the eligible
expenditures of the State for the fiscal year; or
``(B) the amount allotted to the State under
subsection (c) for the fiscal year.
``(2) Reimbursable percentage defined.--In paragraph (1),
the term `reimbursable percentage' means, with respect to a
fiscal year--
``(A) 85 percent, in the case of fiscal year 2010;
``(B) 80 percent, in the case of fiscal year 2011;
or
``(C) 75 percent, in the case of fiscal year 2012
and any succeeding fiscal year.
``(f) Eligible Expenditures.--
``(1) In general.--In this section, the term `eligible
expenditures'--
``(A) means expenditures to provide voluntary home
visitation for as many families with young children and
families expecting children as practicable, through the
implementation or expansion of high quality programs
that--
``(i) adhere to clear evidence-based models
of home visitation that have demonstrated
significant positive effects on important
program-determined child and parenting
outcomes, such as reducing abuse and neglect
and improving child health and development;
``(ii) employ well-trained and competent
staff, maintain high quality supervision, and
show strong organizational capacity to
implement such a program; and
``(iii) establish appropriate linkages and
referrals to other community resources and
supports; and
``(B) includes expenditures for training, technical
assistance, and evaluations related to the programs.
``(2) Priority funding for programs with strongest
evidence.--
``(A) In general.--The expenditures, described in
paragraph (1), of a State for a fiscal year that are
attributable to the cost of programs that do not adhere
to a model of home visitation with the strongest
evidence of effectiveness shall not be considered
eligible expenditures for the fiscal year to the extent
that the total of the expenditures exceeds the
applicable percentage for the fiscal year of the
allotment of the State under subsection (c) for the
fiscal year.
``(B) Applicable percentage defined.--In
subparagraph (A), the term `applicable percentage'
means, with respect to a fiscal year--
``(i) 60 percent for fiscal year 2010;
``(ii) 55 percent for fiscal year 2011;
``(iii) 50 percent for fiscal year 2012;
``(iv) 45 percent for fiscal year 2013; or
``(v) 40 percent for fiscal year 2014.
``(g) No Use of Other Federal Funds for State Match.--A State to
which a grant is made under this section may not expend any Federal
funds to meet the State share of the cost of an eligible expenditure
for which the State receives a payment under this section.
``(h) Waiver Authority.--
``(1) In general.--The Secretary may waive or modify the
application of any provision of this section, other than
subsection (b) or (f), to an Indian tribe if the failure to do
so would impose an undue burden on the Indian tribe.
``(2) Special rule.--An Indian tribe is deemed to meet the
requirement of subsection (d) for purposes of subsections (c)
and (e) if--
``(A) the Secretary waives the requirement; or
``(B) the Secretary modifies the requirement, and
the Indian tribe meets the modified requirement.
``(i) State Reports.--Each State to which a grant is made under
this section shall submit to the Secretary an annual report on the
progress made by the State in addressing the purposes of this section.
Each such report shall include a description of--
``(1) the services delivered by the programs that received
funds from the grant;
``(2) the characteristics of each such program, including
information on the service model used by the program and the
performance of the program;
``(3) the characteristics of the providers of services
through the program, including staff qualifications, work
experience, and demographic characteristics;
``(4) the characteristics of the recipients of services
provided through the program, including the number of the
recipients, the demographic characteristics of the recipients,
and family retention;
``(5) the annual cost of implementing the program,
including the cost per family served under the program;
``(6) the outcomes experienced by recipients of services
through the program;
``(7) the training and technical assistance provided to aid
implementation of the program, and how the training and
technical assistance contributed to the outcomes achieved
through the program; and
``(8) the indicators and methods used to monitor whether
the program is being implemented as designed.
``(j) Evaluation.--
``(1) In general.--The Secretary shall, by grant or
contract, provide for the conduct of an independent evaluation
of the effectiveness of home visitation programs receiving
funds provided under this section, which shall examine the
following:
``(A) The effect of home visitation programs on
child and parent outcomes, including child
maltreatment, child health and development, school
readiness, and links to community services.
``(B) The effectiveness of home visitation programs
on different populations, including the extent to which
the ability of programs to improve outcomes varies
across programs and populations.
``(2) Reports to the congress.--
``(A) Interim report.--Within 2 years after the
date of the enactment of this section, the Secretary
shall submit to the Congress an interim report on the
evaluation conducted pursuant to paragraph (1).
``(B) Final report.--Within 4 years after the date
of the enactment of this section, the Secretary shall
submit to the Congress a final report on the evaluation
conducted pursuant to paragraph (1).
``(k) Annual Reports to the Congress.--The Secretary shall submit
annually to the Congress a report on the activities carried out using
funds made available under this section, which shall include a
description of the following:
``(1) The high need communities targeted by States for
programs carried out under this section.
``(2) The service delivery models used in the programs
receiving funds provided under this section.
``(3) The characteristics of the programs, including--
``(A) the qualifications and demographic
characteristics of program staff; and
``(B) recipient characteristics including the
number of families served, the demographic
characteristics of the families served, and family
retention and duration of services.
``(4) The outcomes reported by the programs.
``(5) The research-based instruction, materials, and
activities being used in the activities funded under the grant.
``(6) The training and technical activities, including on-
going professional development, provided to the programs.
``(7) The annual costs of implementing the programs,
including the cost per family served under the programs.
``(8) The indicators and methods used by States to monitor
whether the programs are being been implemented as designed.
``(l) Reservations of Funds.--From the amounts appropriated for a
fiscal year under subsection (m), the Secretary shall reserve--
``(1) $10,000,000 to pay the cost of the evaluation
provided for in subsection (k), and the provision to States of
training and technical assistance, including the dissemination
of best practices in early childhood home visitation; and
``(2) after making the reservation required by paragraph
(1), an amount equal to 3 percent of the amount so
appropriated, to pay for grants to Indian tribes under this
section.
``(m) Appropriations.--Out of any money in the Treasury of the
United States not otherwise appropriated, there is appropriated to the
Secretary to carry out this section--
``(1) $100,000,000 for fiscal year 2010;
``(2) $250,000,000 for fiscal year 2011;
``(3) $400,000,000 for fiscal year 2012;
``(4) $550,000,000 for fiscal year 2013; and
``(5) $700,000,000 for fiscal year 2014.
``(n) Indian Tribes Treated as States.--In this section, paragraphs
(4), (5), and (6) of section 431(a) shall apply.''. | Early Support for Families Act - Amends part B (Child and Family Services) of title IV of the Social Security Act to authorize grants to states for quality home visitation programs for families with young children and families expecting children.
Specifies the use of grants for high quality programs with well-trained and competent staff that adhere to clear evidence-based models of home visitation that have demonstrated significant positive effects on important program-determined child and parenting outcomes, such as reducing abuse and neglect and improving child health and development. | {"src": "billsum_train", "title": "To amend part B of title IV of the Social Security Act to provide grants to States to establish or expand quality programs providing home visitation for families with young children and families expecting children."} | 2,988 | 112 | 0.62454 | 1.516861 | 0.882492 | 5.47 | 29.02 | 0.97 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Product Safety Commission
Act of 2015''.
SEC. 2. MAKING THE BUREAU AN INDEPENDENT FINANCIAL PRODUCT SAFETY
COMMISSION.
(a) In General.--The Consumer Financial Protection Act of 2010 (12
U.S.C. 5481 et seq.) is amended--
(1) in section 1011--
(A) in subsection (a)--
(i) by striking ``in the Federal Reserve
System,'';
(ii) by striking ``independent bureau'' and
inserting ``independent commission'';
(iii) by striking ``Bureau of Consumer
Financial Protection'' and inserting
``Financial Product Safety Commission
(hereinafter in this section referred to as the
`Commission')''; and
(iv) by striking ``Bureau'' each place such
term appears and inserting ``Commission'';
(B) by striking subsections (b), (c), and (d);
(C) by redesignating subsection (e) as subsection
(i);
(D) in subsection (i), as so redesignated--
(i) by striking ``, including in cities in
which the Federal reserve banks, or branches of
such banks, are located,''; and
(ii) by striking ``Bureau'' each place such
term appears and inserting ``Commission''; and
(E) by inserting after subsection (a) the following
new subsections:
``(b) Authority To Prescribe Regulations.--The Commission may
prescribe such regulations and issue such orders in accordance with
this title as the Commission may determine to be necessary for carrying
out this title and all other laws within the Commission's jurisdiction
and shall exercise any authorities granted under this title and all
other laws within the Commission's jurisdiction.
``(c) Composition of the Commission.--
``(1) In general.--The Commission shall be composed of 5
members who shall be appointed by the President, by and with
the advice and consent of the Senate, from among individuals
who--
``(A) are citizens of the United States; and
``(B) have strong competencies and experiences
related to consumer financial products and services.
``(2) Staggering.--The members of the Commission shall
serve staggered terms, which initially shall be established by
the President for terms of 1, 2, 3, 4, and 5 years,
respectively.
``(3) Terms.--
``(A) In general.--Each member of the Commission,
including the Chair, shall serve for a term of 5 years.
``(B) Removal.--The President may remove any member
of the Commission for inefficiency, neglect of duty, or
malfeasance in office.
``(C) Vacancies.--Any member of the Commission
appointed to fill a vacancy occurring before the
expiration of the term to which that member's
predecessor was appointed (including the Chair) shall
be appointed only for the remainder of the term.
``(D) Continuation of service.--Each member of the
Commission may continue to serve after the expiration
of the term of office to which that member was
appointed until a successor has been appointed by the
President and confirmed by the Senate, except that a
member may not continue to serve more than 1 year after
the date on which that member's term would otherwise
expire.
``(E) Other employment prohibited.--No member of
the Commission shall engage in any other business,
vocation, or employment.
``(d) Affiliation.--Not more than 3 members of the Commission shall
be members of any one political party.
``(e) Chair of the Commission.--
``(1) Appointment.--The Chair of the Commission shall be
appointed by the President from among the members of the
Commission.
``(2) Authority.--The Chair shall be the principal
executive officer of the Commission, and shall exercise all of
the executive and administrative functions of the Commission,
including with respect to--
``(A) the appointment and supervision of personnel
employed under the Commission (other than personnel
employed regularly and full time in the immediate
offices of members of the Commission other than the
Chair);
``(B) the distribution of business among personnel
appointed and supervised by the Chair and among
administrative units of the Commission; and
``(C) the use and expenditure of funds.
``(3) Limitation.--In carrying out any of the Chair's
functions under the provisions of this subsection the Chair
shall be governed by general policies of the Commission and by
such regulatory decisions, findings, and determinations as the
Commission may by law be authorized to make.
``(4) Requests or estimates related to appropriations.--
Requests or estimates for regular, supplemental, or deficiency
appropriations on behalf of the Commission may not be submitted
by the Chair without the prior approval of the Commission.
``(f) No Impairment by Reason of Vacancies.--No vacancy in the
members of the Commission shall impair the right of the remaining
members of the Commission to exercise all the powers of the Commission.
Three members of the Commission shall constitute a quorum for the
transaction of business, except that if there are only 3 members
serving on the Commission because of vacancies in the Commission, 2
members of the Commission shall constitute a quorum for the transaction
of business. If there are only 2 members serving on the Commission
because of vacancies in the Commission, 2 members shall constitute a
quorum for the 6-month period beginning on the date of the vacancy
which caused the number of Commission members to decline to 2.
``(g) Seal.--The Commission shall have an official seal.
``(h) Compensation.--
``(1) Chair.--The Chair shall receive compensation at the
rate prescribed for level I of the Executive Schedule under
section 5313 of title 5, United States Code.
``(2) Other members of the commission.--The 4 other members
of the Commission shall each receive compensation at the rate
prescribed for level II of the Executive Schedule under section
5314 of title 5, United States Code.'';
(2) in section 1012(c), by striking paragraphs (2), (3),
(4), and (5); and
(3) in section 1014(b), by striking ``Not fewer than 6
members shall be appointed upon the recommendation of the
regional Federal Reserve Bank Presidents, on a rotating
basis.''.
(b) Commission Funding.--Section 7 of the Federal Reserve Act (12
U.S.C. 289) is amended by adding at the end the following:
``(d) Transfer For Fiscal Year 2016.--
``(1) In general.--The Federal reserve banks shall transfer
from the surplus funds of such banks to the Board of Governors
of the Federal Reserve System for transfer to the Secretary of
the Treasury for deposit in the general fund of the Treasury, a
total amount of $75,000,000 in fiscal year 2016.
``(2) Allocated by fed.--Of the total amount required to be
paid by the Federal reserve banks under paragraph (1) for
fiscal year 2016, the Board of Governors of the Federal Reserve
System shall determine the amount each such bank shall pay in
such fiscal year.
``(3) Replenishment of surplus fund prohibited.--During
fiscal years 2016 through 2026, no Federal reserve bank may
replenish such bank's surplus fund by the amount of any
transfer by such bank under paragraph (1).''.
SEC. 3. DEEMING OF NAME.
Any reference in a law, regulation, document, paper, or other
record of the United States to the Bureau of Consumer Financial
Protection shall be deemed a reference to the Financial Product Safety
Commission.
SEC. 4. CONFORMING AMENDMENTS.
(a) Consumer Financial Protection Act of 2010.--
(1) In general.--Except as provided under paragraph (2),
the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481
et seq.) is amended--
(A) by striking ``Director of the Bureau'' each
place such term appears, other than where such term is
used to refer to a Director other than the Director of
the Bureau of Consumer Financial Protection, and
inserting ``Financial Product Safety Commission'';
(B) by striking ``Director'' each place such term
appears and inserting ``Financial Product Safety
Commission'', other than where such term is used to
refer to a Director other than the Director of the
Bureau of Consumer Financial Protection; and
(C) in section 1002, by striking paragraph (10).
(2) Exceptions.--The Consumer Financial Protection Act of
2010 (12 U.S.C. 5481 et seq.) is amended--
(A) in section 1013(c)(3)--
(i) by striking ``Assistant Director of the
Bureau for'' and inserting ``Head of the Office
of''; and
(ii) in subparagraph (B), by striking
``Assistant Director'' and inserting ``Head of
the Office'';
(B) in section 1013(g)(2)--
(i) by striking ``Assistant director'' and
inserting ``Head of the office''; and
(ii) by striking ``an assistant director''
and inserting ``a Head of the Office of
Financial Protection for Older Americans'';
(C) in section 1016(a), by striking ``Director of
the Bureau'' and inserting ``Chair of the Financial
Product Safety Commission''; and
(D) in section 1066(a), by striking ``Director of
the Bureau is'' and inserting ``first member of the
Commission is''.
(b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The
Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5301 et seq.) is amended--
(1) in section 111(b)(1)(D), by striking ``Director of the
Bureau'' and inserting ``Chair of the Financial Product Safety
Commission''; and
(2) in section 1447, by striking ``Director of the Bureau''
each place such term appears and inserting ``Financial Product
Safety Commission''.
(c) Electronic Fund Transfer Act.--Section 920(a)(4)(C) of the
Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(4)(C)), as added by
section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director of the Bureau of Consumer Financial
Protection'' and inserting ``Financial Product Safety Commission''.
(d) Expedited Funds Availability Act.--The Expedited Funds
Availability Act (12 U.S.C. 4001 et seq.), as amended by section 1086
of the Consumer Financial Protection Act of 2010, is amended by
striking ``Director of the Bureau'' each place such term appears and
inserting ``Financial Product Safety Commission''.
(e) Federal Deposit Insurance Act.--Section 2 of the Federal
Deposit Insurance Act (12 U.S.C. 1812), as amended by section 336(a) of
the Dodd-Frank Wall Street Reform and Consumer Protection Act, is
amended by striking ``Director of the Consumer Financial Protection
Bureau'' each place such term appears and inserting ``Chair of the
Financial Product Safety Commission''.
(f) Federal Financial Institutions Examination Council Act of
1978.--Section 1004(a)(4) of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by
section 1091 of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director of the Consumer Financial Protection
Bureau'' and inserting ``Chair of the Financial Product Safety
Commission''.
(g) Financial Literacy and Education Improvement Act.--Section 513
of the Financial Literacy and Education Improvement Act (20 U.S.C.
9702), as amended by section 1013(d)(5) of the Consumer Financial
Protection Act of 2010, is amended by striking ``Director'' each place
such term appears and inserting ``Chair of the Financial Product Safety
Commission''.
(h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home
Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the
Consumer Financial Protection Act of 2010, is amended by striking
``Director of the Bureau of Consumer Financial Protection'' each place
such term appears and inserting ``Financial Product Safety
Commission''.
(i) Interstate Land Sales Full Disclosure Act.--The Interstate Land
Sales Full Disclosure Act, as amended by section 1098A of the Consumer
Financial Protection Act of 2010, is amended--
(1) by amending section 1402(1) to read as follows:
``(1) `Chair' means the Chair of the Financial Product
Safety Commission;''; and
(2) in section 1416(a), by striking ``Director of the
Bureau of Consumer Financial Protection'' and inserting
``Chair''.
(j) Real Estate Settlement Procedures Act of 1974.--Section 5 of
the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604), as
amended by section 1450 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, is amended--
(1) by striking ``The Director of the Bureau of Consumer
Financial Protection (hereafter in this section referred to as
the `Director')'' and inserting ``The Financial Product Safety
Commission''; and
(2) by striking ``Director'' each place such term appears
and inserting ``Financial Product Safety Commission''.
(k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage
Licensing Act of 2008 (12 U.S.C. 5101 et seq.), as amended by section
1100 of the Consumer Financial Protection Act of 2010, is amended--
(1) by striking ``Director'' each place such term appears
in headings and text, other than where such term is used in the
context of the Director of the Office of Thrift Supervision,
and inserting ``Financial Product Safety Commission''; and
(2) in section 1503, by striking paragraph (10).
(l) Title 44, United States Code.--Section 3513(c) of title 44,
United States Code, as amended by section 1100D(b) of the Consumer
Financial Protection Act of 2010, is amended by striking ``Director of
the Bureau'' and inserting ``Financial Product Safety Commission''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date on which not less than 3 persons have been confirmed by the
Senate to serve as members of the Financial Product Safety Commission. | Financial Product Safety Commission Act of 2015 This bill amends the Consumer Financial Protection Act of 2010 to remove the Consumer Financial Protection Bureau from the Federal Reserve System and instead establish an independent Financial Product Safety Commission (FPSC) to regulate the offering and provision of consumer financial products or services. The FPSC shall be composed of five members serving staggered five-year terms who are appointed by the President with the advice and consent of the Senate. Not more than three members shall be of any one political party. The President must appoint a chair of the FPSC from among its members. The bill prohibits the chair from submitting requests for estimates related to appropriations without prior commission approval. | {"src": "billsum_train", "title": "Financial Product Safety Commission Act of 2015"} | 3,346 | 145 | 0.494286 | 1.32582 | 0.719839 | 2.666667 | 23.007752 | 0.852713 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SEC Regulatory Accountability Act''.
SEC. 2. CONSIDERATION BY THE SECURITIES AND EXCHANGE COMMISSION OF THE
COSTS AND BENEFITS OF ITS REGULATIONS AND CERTAIN OTHER
AGENCY ACTIONS.
Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w)
is amended by adding at the end the following:
``(e) Consideration of Costs and Benefits.--
``(1) In general.--Before issuing a regulation under the
securities laws, as defined in section 3(a), the Commission
shall--
``(A) clearly identify the nature and source of the
problem that the proposed regulation is designed to
address, as well as assess the significance of that
problem, to enable assessment of whether any new
regulation is warranted;
``(B) utilize the Chief Economist to assess the
costs and benefits, both qualitative and quantitative,
of the intended regulation and propose or adopt a
regulation only on a reasoned determination that the
benefits of the intended regulation justify the costs
of the regulation;
``(C) identify and assess available alternatives to
the regulation that were considered, including
modification of an existing regulation, together with
an explanation of why the regulation meets the
regulatory objectives more effectively than the
alternatives; and
``(D) ensure that any regulation is accessible,
consistent, written in plain language, and easy to
understand and shall measure, and seek to improve, the
actual results of regulatory requirements.
``(2) Considerations and actions.--
``(A) Required actions.--In deciding whether and
how to regulate, the Commission shall assess the costs
and benefits of available regulatory alternatives,
including the alternative of not regulating, and choose
the approach that maximizes net benefits. Specifically,
the Commission shall--
``(i) consistent with the requirements of
section 3(f) (15 U.S.C. 78c(f)), section 2(b)
of the Securities Act of 1933 (15 U.S.C.
77b(b)), section 202(c) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-2(c)), and
section 2(c) of the Investment Company Act of
1940 (15 U.S.C. 80a-2(c)), consider whether the
rulemaking will promote efficiency,
competition, and capital formation;
``(ii) evaluate whether, consistent with
obtaining regulatory objectives, the regulation
is tailored to impose the least burden on
society, including market participants,
individuals, businesses of differing sizes, and
other entities (including State and local
governmental entities), taking into account, to
the extent practicable, the cumulative costs of
regulations; and
``(iii) evaluate whether the regulation is
inconsistent, incompatible, or duplicative of
other Federal regulations.
``(B) Additional considerations.--In addition, in
making a reasoned determination of the costs and
benefits of a potential regulation, the Commission
shall, to the extent that each is relevant to the
particular proposed regulation, take into consideration
the impact of the regulation on--
``(i) investor choice;
``(ii) market liquidity in the securities
markets; and
``(iii) small businesses.
``(3) Explanation and comments.--The Commission shall
explain in its final rule the nature of comments that it
received, including those from the industry or consumer groups
concerning the potential costs or benefits of the proposed rule
or proposed rule change, and shall provide a response to those
comments in its final rule, including an explanation of any
changes that were made in response to those comments and the
reasons that the Commission did not incorporate those industry
group concerns related to the potential costs or benefits in
the final rule.
``(4) Review of existing regulations.--Not later than 1
year after the date of enactment of the SEC Regulatory
Accountability Act, and every 5 years thereafter, the
Commission shall review its regulations to determine whether
any such regulations are outmoded, ineffective, insufficient,
or excessively burdensome, and shall modify, streamline,
expand, or repeal them in accordance with such review. In
reviewing any regulation (including, notwithstanding paragraph
(6), a regulation issued in accordance with formal rulemaking
provisions) that subjects issuers with a public float of
$250,000,000 or less to the attestation and reporting
requirements of section 404(b) of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7262(b)), the Commission shall specifically
take into account the large burden of such regulation when
compared to the benefit of such regulation.
``(5) Post-adoption impact assessment.--
``(A) In general.--Whenever the Commission adopts
or amends a regulation designated as a `major rule'
within the meaning of section 804(2) of title 5, United
States Code, it shall state, in its adopting release,
the following:
``(i) The purposes and intended
consequences of the regulation.
``(ii) Appropriate post-implementation
quantitative and qualitative metrics to measure
the economic impact of the regulation and to
measure the extent to which the regulation has
accomplished the stated purposes.
``(iii) The assessment plan that will be
used, consistent with the requirements of
subparagraph (B) and under the supervision of
the Chief Economist of the Commission, to
assess whether the regulation has achieved the
stated purposes.
``(iv) Any unintended or negative
consequences that the Commission foresees may
result from the regulation.
``(B) Requirements of assessment plan and report.--
``(i) Requirements of plan.--The assessment
plan required under this paragraph shall
consider the costs, benefits, and intended and
unintended consequences of the regulation. The
plan shall specify the data to be collected,
the methods for collection and analysis of the
data and a date for completion of the
assessment. The assessment plan shall include
an analysis of any jobs added or lost as a
result of the regulation, differentiating
between public and private sector jobs.
``(ii) Submission and publication of
report.--The Chief Economist shall submit the
completed assessment report to the Commission
no later than 2 years after the publication of
the adopting release, unless the Commission, at
the request of the Chief Economist, has
published at least 90 days before such date a
notice in the Federal Register extending the
date and providing specific reasons why an
extension is necessary. Within 7 days after
submission to the Commission of the final
assessment report, it shall be published in the
Federal Register for notice and comment. Any
material modification of the plan, as necessary
to assess unforeseen aspects or consequences of
the regulation, shall be promptly published in
the Federal Register for notice and comment.
``(iii) Data collection not subject to
notice and comment requirements.--If the
Commission has published its assessment plan
for notice and comment, specifying the data to
be collected and method of collection, at least
30 days prior to adoption of a final regulation
or amendment, such collection of data shall not
be subject to the notice and comment
requirements in section 3506(c) of title 44,
United States Code (commonly referred to as the
Paperwork Reduction Act). Any material
modifications of the plan that require
collection of data not previously published for
notice and comment shall also be exempt from
such requirements if the Commission has
published notice for comment in the Federal
Register of the additional data to be
collected, at least 30 days prior to initiation
of data collection.
``(iv) Final action.--Not later than 180
days after publication of the assessment report
in the Federal Register, the Commission shall
issue for notice and comment a proposal to
amend or rescind the regulation, or publish a
notice that the Commission has determined that
no action will be taken on the regulation. Such
a notice will be deemed a final agency action.
``(6) Covered regulations and other agency actions.--Solely
as used in this subsection, the term `regulation'--
``(A) means an agency statement of general
applicability and future effect that is designed to
implement, interpret, or prescribe law or policy or to
describe the procedure or practice requirements of an
agency, including rules, orders of general
applicability, interpretive releases, and other
statements of general applicability that the agency
intends to have the force and effect of law; and
``(B) does not include--
``(i) a regulation issued in accordance
with the formal rulemaking provisions of
section 556 or 557 of title 5, United States
Code;
``(ii) a regulation that is limited to
agency organization, management, or personnel
matters;
``(iii) a regulation promulgated pursuant
to statutory authority that expressly prohibits
compliance with this provision; and
``(iv) a regulation that is certified by
the agency to be an emergency action, if such
certification is published in the Federal
Register.''.
SEC. 3. SENSE OF CONGRESS RELATING TO OTHER REGULATORY ENTITIES.
It is the sense of the Congress that the Public Company Accounting
Oversight Board should also follow the requirements of section 23(e) of
such Act, as added by this title.
SEC. 4. ACCOUNTABILITY PROVISION RELATING TO OTHER REGULATORY ENTITIES.
A rule adopted by the Municipal Securities Rulemaking Board or any
national securities association registered under section 15A of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-3) shall not take effect
unless the Securities and Exchange Commission determines that, in
adopting such rule, the Board or association has complied with the
requirements of section 23(e) of such Act, as added by section 2, in
the same manner as is required by the Commission under such section
23(e).
Passed the House of Representatives May 17, 2013.
Attest:
KAREN L. HAAS,
Clerk. | SEC Regulatory Accountability Act - (Sec. 2) Amends the Securities Exchange Act of 1934 (Act) to direct the Securities and Exchange Commission (SEC), before issuing a regulation under the securities laws, to: (1) identify the nature and source of the problem that the proposed regulation is designed to address in order to assess whether any new regulation is warranted; (2) use the SEC Chief Economist to assess the costs and benefits of the intended regulation and adopt it only upon a reasoned determination that its benefits justify the costs; (3) identify and assess the available alternatives that were considered; and (4) ensure that any regulation is accessible, consistent, written in plain language, and easy to understand. Requires the SEC to: (1) consider whether the rulemaking will promote efficiency, competition, and capital formation; (2) consider the impact of the regulation upon investor choice, market liquidity, and small business; (3) explain in its final rule the nature of comments received concerning the proposed rule or rule change; and (4) respond to those comments, explaining any changes made in response and the reasons that it did not incorporate industry group concerns regarding potential costs or benefits. Requires the SEC to: (1) review periodically its existing regulations to determine if they are outmoded, ineffective, insufficient, or excessively burdensome; and (2) modify, streamline, expand, or repeal them. Requires the SEC, whenever it adopts or amends a major rule, to state in its adopting release: (1) the purposes and intended consequences of the regulation, (2) the post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and the extent to which it has accomplished the stated purposes, (3) the assessment plan that will be used under the supervision of the Chief Economist to assess whether the regulation has achieved those purposes, and (4) any foreseeable unintended or negative consequences. Requires the assessment plan to: (1) consider the costs, benefits, and intended and unintended consequences of the regulation; (2) specify the data to be collected, the methods for its collection and analysis, and an assessment completion date; and (3) analyze jobs added or lost as a result of the regulation, differentiating between public and private sector jobs. Waives notice and comment requirements for the data collection if the SEC has published its assessment plan for notice and comment at least 30 days before adoption of a final regulation or amendment. (Sec. 3) Expresses the sense of Congress that the Public Company Accounting Oversight Board should also follow the requirements set forth by this Act. (Sec. 4) Prohibits a rule adopted by either the Municipal Securities Rulemaking Board or any registered national securities association from taking effect unless the SEC determines that, in adopting such rule, such entities have complied with the requirements of this Act. | {"src": "billsum_train", "title": "SEC Regulatory Accountability Act"} | 2,200 | 609 | 0.683128 | 2.320428 | 0.813054 | 3.774423 | 3.605684 | 0.953819 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Military Retirees Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) No statutory health care program existed for members of
the uniformed services who entered service prior to December 7,
1956, and retired after serving a minimum of 20 years.
(2) Recruiters, re-enlistment counselors, and officers at
all levels of the uniformed services, and other government
officials, as agents of the United States Government, used
recruiting tactics that allowed members who entered the
uniformed services prior to December 7, 1956, to believe they
would be entitled to fully paid lifetime health care upon
retirement.
(3) In the United States Court of Appeals for the Federal
Circuit decision of November 18, 2002, in Schism v. United
States (No. 99-1402), the Court said: ``Accordingly, we must
affirm the district court's judgment and can do no more than
hope Congress will make good on the promises recruiters made in
good faith to plaintiffs and others of the World War II and
Korean War era--from 1941 to 1956, when Congress enacted its
first health care insurance act for military members, excluding
older retirees. . . . We cannot readily imagine more
sympathetic plaintiffs than the retired officers of the World
War II and Korean War era involved in this case. They served
their country for at least 20 years with the understanding that
when they retired they and their dependents would receive full
free health care for life. The promise of such health care was
made in good faith and relied upon. Again, however, because no
authority existed to make such promises in the first place, and
because Congress has never ratified or acquiesced to this
promise, we have no alternative but to uphold the judgment
against the retirees' breach-of-contract claim. . . . Perhaps
Congress will consider using its legal power to address the
moral claims raised by Schism and Reinlie on their own behalf,
and indirectly for other affected retirees.''.
(4) Only the United States Congress can make good on the
promises recruiters made in good faith to plaintiffs and others
of the World War II and Korean War era.
(5) Statutes enacted in 1956 allowed those who entered
service on or after December 7, 1956, and retired after serving
a minimum of 20 years or by reason of a service-connected
disability to medical and dental care in any facility of the
uniformed services, subject to the availability of space and
facilities and the capabilities of the medical and dental
staff.
(6) Recruiters, re-enlistment counselors, and officers at
all levels of the uniformed services, and other government
officials, as agents of the United States Government, continued
to allow members who entered the uniformed services to believe
they would be entitled to fully paid lifetime health care upon
retirement, despite enactment of statutes in 1956, subsequent
statutes, and the issuance of regulations that defined and
limited the availability of medical care to retired members of
the uniformed services.
(7) After 4 rounds of base closures between 1988 and 1995
and further drawdowns of remaining military medical treatment
facilities, access to ``space available'' health care in a
military medical treatment facility is difficult or virtually
nonexistent for many military retirees.
(8) The failure to provide adequate health care upon
retirement is preventing the retired members of the uniformed
services from recommending, without reservation, that young men
and women make a career of any military service.
(9) Although provisions in the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398) extended coverage under the TRICARE
program to medicare eligible military retirees age 65 and
older, those provisions did not address the health care needs
of military retirees under the age of 65.
(10) The United States should make good on the promises
recruiters made in good faith in the World War II and Korean
War era and reestablish high quality health care for all
retired members of the uniformed services.
SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM.
(a) Coverage for Retirees and Dependents.--(1) Section 1108 of
title 10, United States Code, is amended to read as follows:
``Sec. 1108. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management to provide coverage to eligible
beneficiaries described in subsection (b) under the health benefits
plans offered through the Federal Employees Health Benefits program
under chapter 89 of title 5.
``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is--
``(A) a member or former member of the uniformed services
described in section 1074(b) of this title;
``(B) an individual who is an unremarried former spouse of
a member or former member described in section 1072(2)(F) or
1072(2)(G);
``(C) an individual who is--
``(i) a dependent of a deceased member or former
member described in section 1076(b) or 1076(a)(2)(B) of
this title or of a member who died while on active duty
for a period of more than 30 days; and
``(ii) a member of family as defined in section
8901(5) of title 5; or
``(D) an individual who is--
``(i) a dependent of a living member or former
member described in section 1076(b)(1) of this title;
and
``(ii) a member of family as defined in section
8901(5) of title 5.
``(2) Eligible beneficiaries may enroll in a Federal Employees
Health Benefit plan under chapter 89 of title 5 under this section for
self-only coverage or for self and family coverage which includes any
dependent of the member or former member who is a family member for
purposes of such chapter.
``(3) A person eligible for coverage under this subsection shall
not be required to satisfy any eligibility criteria specified in
chapter 89 of title 5 (except as provided in paragraph (1)(C) or
(1)(D)) as a condition for enrollment in health benefits plans offered
through the Federal Employees Health Benefits program under this
section.
``(4) For purposes of determining whether an individual is a member
of family under paragraph (5) of section 8901 of title 5 for purposes
of paragraph (1)(C) or (1)(D), a member or former member described in
section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an
employee under such section.
``(5) An eligible beneficiary who enrolls in the Federal Employees
Health Benefits program under this section shall not be eligible to
receive health care under section 1086 or section 1097. Such a
beneficiary may continue to receive health care in a military medical
treatment facility, in which case the treatment facility shall be
reimbursed by the Federal Employees Health Benefits program for health
care services or drugs received by the beneficiary.
``(c) Change of Health Benefits Plan.--An eligible beneficiary
enrolled in a Federal Employees Health Benefits plan under this section
may change health benefits plans and coverage in the same manner as any
other Federal Employees Health Benefits program beneficiary may change
such plans.
``(d) Government Contributions.--The amount of the Government
contribution for an eligible beneficiary who enrolls in a health
benefits plan under chapter 89 of title 5 in accordance with this
section may not exceed the amount of the Government contribution which
would be payable if the electing beneficiary were an employee (as
defined for purposes of such chapter) enrolled in the same health
benefits plan and level of benefits.
``(e) Separate Risk Pools.--The Director of the Office of Personnel
Management shall require health benefits plans under chapter 89 of
title 5 to maintain a separate risk pool for purposes of establishing
premium rates for eligible beneficiaries who enroll in such a plan in
accordance with this section.
``(f) Reimbursement for Expenses for Health Care Services Normally
Provided by the Department of Defense Under TRICARE Standard.--The
Secretary of Defense shall develop and implement a system to reimburse
an eligible beneficiary who enrolls in a health benefits plan under
chapter 89 of title 5 in accordance with this section for health care
costs incurred by the beneficiary that are not paid under the health
benefits plan but would have been paid by the Department of Defense
under TRICARE Standard.''.
(2) The item relating to section 1108 at the beginning of such
chapter is amended to read as follows:
``1108. Health care coverage through Federal Employees Health Benefits
program.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005.
SEC. 4. REIMBURSEMENT FOR TRICARE PHARMACY BENEFITS AT TRICARE NETWORK
PHARMACY LEVELS TO CERTAIN MILITARY RETIREES AND
DEPENDENTS IN HARDSHIP CASES.
(a) In General.--In the case of an eligible person who has a
certification described in subsection (b), the Secretary shall
reimburse such person for pharmacy benefits received from a pharmacy
that is not a TRICARE network pharmacy in the same manner and in the
same amounts as the Secretary would reimburse such person for such
benefits received from a pharmacy that is a TRICARE network pharmacy.
(b) Certification.--The certification referred to in subsection (a)
is a certification from an eligible person's physician--
(1) stating that the person does not have access to a
TRICARE network pharmacy due to physical or medical
constraints; and
(2) meeting such other criteria as the Secretary of Defense
considers appropriate.
(c) Eligible Person.--In this section, an eligible person is an
eligible beneficiary as described in section 1108(b) of title 10,
United States Code who has another insurance plan or program that
provides primary coverage for health benefits.
SEC. 5. WAIVER OF MEDICARE PART B PREMIUM FOR CERTAIN MILITARY
RETIREES.
(a) In General.--Section 1839 of the Social Security Act (42 U.S.C.
1395r) is amended--
(1) in subsection (a)(2), by striking ``The monthly
premium'' and inserting ``Except as provided in subsection (j),
the monthly premium''; and
(2) by adding at the end the following new subsection:
``(j)(1) The amount of the monthly premium for an eligible
individual enrolled under this part is equal to $0.
``(2) For purposes of paragraph (1), the term `eligible individual'
means--
``(A) an individual who is entitled to retired or retainer
pay based upon service in the uniformed services (as defined in
section 101 of title 10, United States Code) that began before
December 7, 1956;
``(B) the spouse (as determined under section 7703 of the
Internal Revenue Code of 1986) of an individual described in
subparagraph (A); and
``(C) the widow or widower, as the case may be, of an
individual described in subparagraph (A).
``(3) With respect to years beginning after the date of the
enactment of this subsection, the monthly premium rate calculated under
subsection (a)(3) for individuals enrolled under this part who are not
eligible individuals under this subsection shall be determined without
regard to benefits and administrative costs attributable to such
eligible individuals during such years.''.
(b) Conforming Amendment.--Section 1839(i) of the Social Security
Act (42 U.S.C. 1395r(i)) is amended by adding at the end the following
new paragraph:
``(7) Inapplicability to certain military retirees.--This
subsection shall not apply to eligible individuals (as defined
in subsection (j)(2)).''.
(c) Effective Date.--(1) The amendments made by this section shall
apply to premiums for months beginning with January 2005.
(2) The Secretary of Health and Human Services shall use the rebate
methodology established pursuant to section 625(a)(2) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173, 117 Stat. 2318) to provide rebates to eligible individuals
(as defined in subsection (j)(2) of section 1839 of the Social Security
Act, as added by subsection (a)) of any premium or premium penalty paid
under such section for months beginning on or after January 1, 2005. | Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member of the Armed Forces entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member.
Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints.
Amends title XVIII (Medicare) of the Social Security Act to waive the monthly part B premium (Supplementary Medical Insurance Benefits for the Aged and Disabled) with respect to: (1) an individual who is entitled to military retired or retainer pay based upon service that began before December 7, 1956; and (2) the spouse, widow, or widower of such individuals. | {"src": "billsum_train", "title": "To restore health care coverage to retired members of the uniformed services, and for other purposes."} | 2,837 | 342 | 0.43311 | 1.470661 | 0.617211 | 3.787879 | 8.676768 | 0.925926 |
SECTION 1. CREDIT FOR QUALIFIED EQUITY INVESTMENTS IN COMMUNITY
DEVELOPMENT FINANCIAL INSTITUTIONS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45D. QUALIFIED EQUITY INVESTMENTS IN COMMUNITY DEVELOPMENT
FINANCIAL INSTITUTIONS.
``(a) General Rule.--For purposes of section 38, the community
development financial institution investment credit for any taxable
year is an amount equal to the applicable percentage of the qualified
equity investment made by the taxpayer during the taxable year.
``(b) Applicable Percentage.--For purposes of subsection (a), the
term `applicable percentage' means, with respect to any investment, 25
percent, or, if the CDFI Fund establishes a lower percentage with
respect to such investment for purposes of this section, such lower
percentage.
``(c) Qualified Equity Investment.--For purposes of this section--
``(1) In general.--The term `qualified equity investment'
means any stock or partnership interest in a community
development financial institution (as defined in section 103 of
the Community Development Banking and Financial Institutions
Act of 1994 (12 U.S.C. 4702))--
``(A) if such institution is designated for
purposes of this section by the CDFI Fund,
``(B) if such stock or partnership interest is
acquired by the taxpayer at its original issue from the
institution (directly or through an underwriter) in
exchange for money or other property, and
``(C) to the extent the amount of such investment
is designated for such purposes by such Fund.
Rules similar to the rules of section 1202(c)(3) shall apply
for purposes of subparagraph (B).
``(2) Criteria for designating institutions.--Designations
under paragraph (1)(A) shall be made in accordance with
criteria established by the CDFI Fund. In establishing such
criteria, the CDFI Fund shall take into account the
requirements and criteria set forth in sections 105(b) and 107
of such Act.
``(3) CDFI fund.--The term `CDFI Fund' means the Community
Development Financial Institutions Fund established by section
104 of such Act.
``(d) Limitation on Amount of Credit.--
``(1) In general.--The amount of credit determined under
this section for any qualified equity investment shall not
exceed the credit amount allocated to such investment by the
CDFI Fund.
``(2) Overall limitation.--The aggregate credit amount
which may be allocated by the CDFI Fund under this section
shall not exceed $100,000,000.
``(e) Recapture of Credit Where Disposition of Equity Investment
Within 5 Years.--
``(1) In general.--If the taxpayer disposes of any
investment with respect to which a credit was determined under
subsection (a) (or any other property the basis of which is
determined in whole or in part by reference to the adjusted
basis of such investment) before the end of the 5-year period
beginning on the date such investment was made, the tax imposed
by this chapter for the taxable year in which such disposition
occurs shall be increased by the aggregate decrease in tax of
the taxpayer resulting from the credit determined under this
subsection (a) with respect to such investment.
``(2) Exceptions.--Paragraph (1) shall not apply to any
gift, transfer, or transaction described in paragraph (1), (2),
or (3) of section 1245(b).
``(3) Special rule.--Any increase in tax under paragraph
(1) shall not be treated as a tax imposed by this chapter for
purposes of--
``(A) determining the amount of any credit
allowable under this chapter, and
``(B) determining the amount of the tax imposed by
section 55.
``(f) Basis Reduction.--The basis of any qualified equity
investment shall be reduced by the amount of any credit determined
under this section with respect to such investment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section. Such regulations may
provide for the recapture of the credit under this section with respect
to investments in institutions which cease to satisfy the criteria
established by the CDFI Fund for designation under subsection
(c)(1)(A).
``(h) Termination.--This section shall not apply to any investment
made after December 31, 2006.''
(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 (12), by striking the period at the end of paragraph (13) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(14) the community development financial institution
investment credit determined under section 45D(a).''
(c) Credit Allowed Against Regular and Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of such Code
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (3) as paragraph (4) and by inserting
after paragraph (2) the following new paragraph:
``(3) Special rules for community development financial
institution investment credit.--
``(A) In general.--In the case of the community
development financial institution investment credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) 75 percent of the tentative
minimum tax shall be substituted for
the tentative minimum tax under
subparagraph (A) thereof, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the community
development financial institution
investment credit).
``(B) Community development financial institution
investment credit.--For purposes of this subsection,
the term `community development financial institution
investment credit' means the credit allowable under
subsection (a) by reason of section 45D(a).''
(2) Conforming amendment.--Subclause (II) of section
38(c)(2)(A)(ii) of such Code is amended by inserting ``and the
community development financial institution investment credit''
after ``employment credit''.
(d) Limitation on Carryback.--Subsection (d) of section 39 of such
Code is amended by adding at the end the following new paragraph:
``(8) No carryback of community development financial
institution investment credit before effective date.--No
portion of the unused business credit for any taxable year
which is attributable to the credit under section 45D may be
carried back to a taxable year ending before the date of the
enactment of section 45D.''
(e) Deduction for Unused Credit.--Subsection (c) of section 196 of
such Code is amended by striking ``and'' at the end of paragraph (6),
by striking the period at the end of paragraph (7) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(8) the community development financial institution
investment credit determined under section 45D(a).''
(f) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by adding at the end
the following new item:
``Sec. 45D. Qualified equity investments
in community development
financial institutions.''
(g) Effective Date.--The amendments made by this section shall
apply to investments made after the date of the enactment of this Act. | Amends the Internal Revenue Code to allow a (temporary) business-related credit for qualified equity investments in community development financial institutions. Sets forth credit limitation, recapture, deduction for unused credit, and carryback provisions. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for equity investments in community development financial institutions."} | 1,735 | 51 | 0.477058 | 1.131887 | 0.583314 | 2.761905 | 37.47619 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Caregiver Act of
1993''.
SEC. 2. INCREASE IN NUMBER OF YEARS DISREGARDED.
(a) In General.--Section 215(b)(2) of the Social Security Act (42
U.S.C. 415(b)(2)) is amended--
(1) by striking the period at the end of clause (ii) of
subparagraph (A) and inserting a comma;
(2) by striking ``Clause (ii), once'' after and below
clause (ii) of subparagraph (A) and inserting the following:
``and reduced further to the extent provided in subparagraph (B).
Clause (ii), once'';
(3) by striking ``If an individual'' in the matter
following clause (ii) of subparagraph (A) and all that follows
through the end of subparagraph (A);
(4) by redesignating subparagraph (B) as subparagraph (F);
and
(5) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) Subject to subparagraph (C), in any case in which--
``(i) in any calendar year which is included in an
individual's computation base years--
``(I) such individual is living with a child (of
such individual or his or her spouse) under the age of
12, or
``(II) such individual is living with a child (of
such individual or his or her spouse), a parent (of
such individual or his or her spouse), or such
individual's spouse while such child, parent, or spouse
is a chronically dependent individual,
``(ii) such calendar year is not disregarded pursuant to
subparagraphs (A) and (E) (in determining such individual's
benefit computation years) by reason of the reduction in the
number of such individual's elapsed years under subparagraph
(A), and
``(iii) at any time during or after such calendar year and
on or before the date of the application by such individual for
benefits based on such individual's wages and self-employment
income, such individual submits to the Secretary, in such form
as the Secretary shall prescribe by regulations, a written
statement that the requirements of clause (i) are met with
respect to such calendar year,
then the number by which such elapsed years are reduced under this
paragraph pursuant to subparagraph (A) shall be increased by one (up to
a combined total not exceeding 5) for each such calendar year.
``(C)(i)(I) No calendar year shall be disregarded by reason of
subparagraph (B) (in determining such individual's benefit computation
years) unless the individual had less than the applicable dollar amount
(in effect for such calendar year under this clause) of earnings as
described in section 203(f)(5) for such year.
``(II) Except as otherwise provided in subclause (III), the
applicable dollar amount in effect under this clause for any calendar
year is $2,000.
``(III) In each calendar year after 1993, the Secretary shall
determine and publish in the Federal Register, on or before November 1
of such calendar year, the applicable dollar amount which shall be
effective under this clause for the next calendar year. Such dollar
amount shall be equal to the larger of the applicable dollar amount
which is effective under this clause for the calendar year in which
such determination is made or, subject to subclause (VII), the product
described in subclause (IV).
``(IV) The product described in this subclause is the product
derived by multiplying the applicable dollar amount which is effective
under this clause for the calendar year in which the determination
under subclause (III) is made, by the ratio of the amount described in
subclause (V) to the amount described in subclause (VI).
``(V) The amount described in this subclause is the deemed average
total wages (as defined in section 209(k)(1)) for the calendar year
before the calendar year in which the determination under subclause
(III) is made.
``(VI) The amount described in this subclause is the deemed average
total wages (as defined in section 209(k)(1)) for 1992 or, if later,
the calendar year before the most recent calendar year in which a
determination resulting in an increase in the applicable dollar amount
was made under subclause (III).
``(VII) If the product described in subclause (IV) is not a
multiple of $1.00, such product shall be rounded to the next higher
multiple of $1.00 in any case in which such product is a multiple of
$0.50 but not of $1.00, and to the nearest multiple of $1.00 in any
other case.
``(ii) No calendar year shall be disregarded by reason of
subparagraph (B) (in determining such individual's benefit computation
years) in connection with a child referred to in subparagraph (B)(i)(I)
(and not referred to in subparagraph (B)(i)(II)) unless the individual
was living with the child substantially throughout the period in such
year in which the child was alive and under the age of 12 in such year.
``(iii) No calendar year shall be disregarded by reason of
subparagraph (B) (in determining such individual's benefit computation
years) in connection with a child, parent, or spouse referred to in
subparagraph (B)(i)(II) unless the individual was living with such
child, parent, or spouse substantially throughout a period of 180
consecutive days in such year throughout which such child, parent, or
spouse was a chronically dependent individual.
``(iv) The particular calendar years to be disregarded under this
subparagraph (in determining such benefit computation years) shall be
those years (not otherwise disregarded under subparagraph (A)) which,
before the application of subsection (f), meet the conditions of the
preceding provisions of this subparagraph.
``(v) This subparagraph shall apply only to the extent that its
application would not result in a lower primary insurance amount.
``(D)(i) For purposes of this paragraph, the term `chronically
dependent individual' means an individual who--
``(I) is dependent on a daily basis on another person who
is living with the individual and is assisting the individual
without monetary compensation in the performance of at least 2
of the activities of daily living (described in clause (ii)),
and
``(II) without such assistance could not perform such
activities of daily living.
``(ii) The `activities of daily living', referred to in clause (i),
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.
``(E) The number of an individual's benefit computation years as
determined under this paragraph shall in no case be less than 2.''.
SEC. 3. EFFECTIVE DATE AND RELATED PROVISIONS.
(a) In General.--The amendments made by this Act shall apply only
with respect to computation base years after 1982, and only with
respect to benefits payable for months after December 1993.
(b) Notice and Procedures.--
(1) 60-day grace period after initial issuance of final
regulations for current beneficiaries and applicants.--The
requirements of clause (iii) of section 215(b)(2)(B) of the
Social Security Act (as amended by this Act) shall be treated
as satisfied, in the case of a statement--
(A) which is filed by an individual who is, as of
the date of the first issuance in final form of the
regulations required under such clause, a recipient of
monthly benefits under section 202(a) or 223 of the
Social Security Act, or an applicant for such benefits,
and
(B) with respect to which the requirements of such
clause would be met but for the date of the filing of
such statement,
if such statement is submitted to the Secretary of Health and
Human Services not later than 60 days after the date of the
first issuance in final form of such regulations.
(2) Notice requirements.--
(A) Notice to current beneficiaries and
applicants.--The Secretary of Health and Human Services
shall issue, not later than the date of the first
issuance in final form of the regulations required
under clause (iii) of section 215(b)(2)(B) of the
Social Security Act (as amended by this Act),
regulations establishing procedures to ensure that--
(i) persons who are, as of such date,
recipients of monthly benefits under section
202(a) or 223 of the Social Security Act, or
applicants for such benefits, are fully
informed of the amendments made by this Act;
and
(ii) such persons are invited to comply,
and given a reasonable opportunity to comply,
with the requirements of section
215(b)(2)(B)(iii) of the Social Security Act
(as amended by this Act), as provided in
paragraph (1).
Upon receiving from a recipient described in clauses
(i) and (ii) a written statement referred to in clause
(iii) of section 215(b)(2)(B) of the Social Security
Act (as amended by this Act) with respect to which the
requirements of such clause are treated as satisfied,
the Secretary shall redetermine the amount of such
benefits to the extent necessary to take into account
the amendments made by this Act (and if such
redetermination results in an increase in such amount
the increase shall be effective as provided in
subsection (a)).
(B) Notice to future applicants.--Such regulations
required under subparagraph (A) shall also provide
procedures to ensure that applicants for benefits under
section 202(a) or 223 of the Social Security Act are
given the opportunity, at the time of their
application, to indicate and verify any additional
years which may be disregarded under section
215(b)(2)(B) of the Social Security Act (as amended by
this Act). | Social Security Caregiver Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide for an increase of up to five in the number of years of either zero or low earnings disregarded in determining average annual earnings on which benefits are based provided such years were used to provide care to a child under the age of 12 or to a chronically dependent spouse or relative. | {"src": "billsum_train", "title": "Social Security Caregiver Act of 1993"} | 2,286 | 96 | 0.49504 | 1.275304 | 0.711581 | 1.9875 | 26.2625 | 0.8375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Steel First Act of 2008''.
SEC. 2. USE OF IRON AND STEEL PRODUCED IN THE UNITED STATES IN THE
CONSTRUCTION OF PUBLIC WORKS.
(a) In General.--Notwithstanding any other provision of law, the
head of a covered Federal agency shall not obligate or expend funds
appropriated to the agency, or provide financial assistance using funds
appropriated to the agency, for a project for the construction,
alteration, maintenance, or repair of a public building or public work
unless all of the iron and steel used in such project is produced in
the United States.
(b) Exceptions.--The provisions of subsection (a) shall not apply
to a covered Federal agency in any case in which the head of the agency
finds--
(1) that their application would be inconsistent with the
public interest;
(2) that iron and steel are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) that inclusion of iron and steel produced in the United
States will increase the cost of the overall project contract
by more than 25 percent.
(c) Written Justification for Waiver.--
(1) Notice and comment.--If the head of a covered Federal
agency determines that it is necessary to waive the application
of subsection (a) based on a finding under subsection (b), the
head of the agency shall, before the waiver becomes effective--
(A) publish in the Federal Register a detailed
written justification as to why the waiver is needed;
and
(B) provide the public with a reasonable period of
time for notice and comment.
(2) Annual report.--Not later than one year after the date
of enactment of this Act, and annually thereafter, the head of
a covered Federal agency shall submit to Congress a report on--
(A) any waivers granted by the head of the agency
under subsection (b) in the preceding year, including
justifications for the waivers; and
(B) any obligation or expenditure of funds by the
head of the agency in the preceding year that did not
conform to the requirements of this section due to
limitations imposed by a treaty, agreement, or other
provision of law.
(d) Relationship to State Requirements.--The head of a covered
Federal agency shall not impose any limitation or condition on
financial assistance provided using funds appropriated to the agency
that restricts any State from imposing more stringent requirements than
this section on the use of iron and steel in foreign countries in
projects carried out with such assistance or restricts any recipient of
such assistance from complying with such State imposed requirements.
(e) Intentional Violations.--If it has been determined by a court
or Federal agency that any person intentionally--
(1) affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product used in projects to which this section applies, sold in
or shipped to the United States that was not made in the United
States; or
(2) represented that any product used in projects to which
this section applies, sold in or shipped to the United States
that was not produced in the United States, was produced in the
United States;
that person shall be ineligible, for a period of 6 years beginning on
the date of the determination, to receive any contract or subcontract
made with funds authorized to be appropriated to the agency pursuant to
the debarment, suspension, and ineligibility procedures in subpart 9.4
of chapter 1 of title 48, Code of Federal Regulations.
(f) Limitation on Applicability of Waivers to Products Produced in
Certain Foreign Countries.--If the head of a covered Federal agency, in
consultation with the United States Trade Representative, determines
that--
(1) a foreign country is a party to an agreement with the
United States and pursuant to that agreement the head of an
agency of the United States has waived the requirements of this
section; and
(2) the foreign country has violated the terms of the
agreement by discriminating against products covered by this
section that are produced in the United States and are covered
by the agreement,
the provisions of subsection (b) shall not apply with respect to the
head of the covered Federal agency in connection with products produced
in that foreign country.
(g) Relationship to Transportation Provisions.--Notwithstanding any
provision of this section, the requirements contained in section 313 of
title 23, United States Code, and sections 5323(j) and 50101 of title
49, United States Code, as amended by this Act, shall continue to
apply.
(h) Application of Requirements to Entire Project.--The requirement
of subsection (a) and the exceptions specified in subsection (b) apply
to the total of obligations and expenditures for an entire project and
not only to obligations and expenditures for component parts of such
project.
(i) Definitions.--In this section, the following definitions apply:
(1) Covered federal agency.--The term ``covered Federal
agency'' means the Department of Homeland Security, the
Department of Defense, and the Department of Transportation.
(2) Public building; public work.--The terms ``public
building'' and ``public work'' have the meanings given such
terms in section 1 of the Buy American Act (41 U.S.C. 10c) and
include airports, bridges, canals, dams, dikes, pipelines,
railroads, multiline mass transit systems, roads, tunnels,
harbors, and piers.
SEC. 3. BUY AMERICA REQUIREMENTS IN TRANSPORTATION LAWS.
(a) Highways.--Section 313 of title 23, United States Code, is
amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Written Justification for Waiver.--
``(1) Notice and comment.--If the Secretary determines that
it is necessary to waive the application of subsection (a)
based on a finding under subsection (b), the Secretary shall,
before the waiver becomes effective--
``(A) publish in the Federal Register a detailed
written justification as to why the waiver is needed;
and
``(B) provide the public with a reasonable period
of time for notice and comment.
``(2) Annual report.--Not later than one year after the
date of enactment of this paragraph, and annually thereafter,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on--
``(A) any waivers granted under subsection (b) in
the preceding year, including justifications for the
waivers; and
``(B) any obligation of funds by the Secretary in
the preceding year that did not conform to the
requirements of this section due to limitations imposed
by a treaty, agreement, or other provision of law.'';
and
(3) by adding at the end the following:
``(h) Application of Requirements to Entire Project.--The
requirement of subsection (a) and the exceptions specified in
subsection (b) apply to the total of obligations for an entire project
and not only to obligations for component parts of such project.''.
(b) Public Transportation.--Section 5323(j) of title 49, United
States Code, is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) Written justification for waiver.--
``(A) Notice and comment.--If the Secretary
determines that it is necessary to waive the
application of paragraph (1) based on a finding under
paragraph (2), the Secretary shall, before the waiver
becomes effective--
``(i) publish in the Federal Register a
detailed written justification as to why the
waiver is needed; and
``(ii) provide the public with a reasonable
period of time for notice and comment.
``(B) Annual report.--Not later than one year after
the date of enactment of this subparagraph, and
annually thereafter, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on--
``(i) any waivers granted under paragraph
(2) in the preceding year, including
justifications for the waivers; and
``(ii) any obligation of funds by the
Secretary in the preceding year that did not
conform to the requirements of this subsection
due to limitations imposed by a treaty,
agreement, or other provision of law.''; and
(2) by adding at the end the following:
``(10) Application of requirements to entire project.--The
requirement of paragraph (1) and the exceptions specified in
paragraph (2) apply to the total of obligations for an entire
project and not only to obligations for component parts of such
project.''.
(c) Airports.--Section 50101 of title 49, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Written Justification for Waiver.--
``(1) Notice and comment.--If the Secretary determines that
it is necessary to waive the application of subsection (a)
based on a finding under subsection (b), the Secretary shall,
before the waiver becomes effective--
``(A) publish in the Federal Register a detailed
written justification as to why the waiver is needed;
and
``(B) provide the public with a reasonable period
of time for notice and comment.
``(2) Annual report.--Not later than one year after the
date of enactment of this paragraph, and annually thereafter,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on--
``(A) any waivers granted under subsection (b) in
the preceding year, including justifications for the
waivers; and
``(B) any obligation of funds by the Secretary in
the preceding year that did not conform to the
requirements of this section due to limitations imposed
by a treaty, agreement, or other provision of law.'';
and
(3) by adding at the end the following:
``(d) Application of Requirements to Entire Project.--The
requirement of subsection (a) and the exceptions specified in
subsection (b) apply to the total of obligations for an entire project
and not only to obligations for component parts of such project.''.
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall apply to
amounts appropriated or otherwise made available after the date of
enactment of this Act. | American Steel First Act of 2008 - Prohibits heads of the Department of Homeland Security (DHS), the Department of Defense (DOD), and the Department of Transportation (DOT) from obligating or expending funds or providing financial assistance for projects for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron and steel used in such project is produced in the United States.
Waives such prohibition in cases where: (1) the prohibition would be inconsistent with the public interest; (2) iron and steel are not produced in the United States in sufficient and reasonably available quantities of a satisfactory quality; or (3) inclusion of iron and steel produced in the United States will increase the cost of the overall project contract by more than 25%. Prohibits waivers by a department head for products produced in a foreign country that is determined by the U.S. Trade Representative to have violated the terms of an agreement with the United States by discriminating against products covered by the agreement that are produced in the United States.
Prohibits such department heads from imposing financial assistance restrictions on: (1) states that impose more stringent requirements on the use of iron and steel in foreign countries in projects carried out with such assistance; or (2) recipients that comply with such state imposed requirements.
Makes any person who intentionally labels or represents a product used in a project under this Act as "Made in America" when it is not ineligible for another department contract from for six years.
Requires the Secretary of Transportation to: (1) publish a justification for a waiver of the prohibition against obligating funds to carry out the Surface Transportation Assistance Act of 1982, highway projects, public transportation projects, or aviation programs unless the steel, iron, and manufactured products used are produced in the United States; and (2) provide for public notice and comment for such waiver. | {"src": "billsum_train", "title": "To require certain Federal agencies to use iron and steel produced in the United States in carrying out projects for the construction, alteration, or repair of a public building or public work, and for other purposes."} | 2,401 | 396 | 0.710734 | 2.381255 | 0.779739 | 4.102981 | 6.089431 | 0.883469 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Transportation Security Act''.
SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Assessment.--The Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall assess
the security risks associated with freight and intercity
passenger rail transportation and develop prioritized
recommendations for--
(A) improving the security of rail infrastructure
and facilities, terminals, tunnels, rail bridges, rail
switching areas, and other areas identified by the
Secretary as posing significant rail-related risks to
public safety and the movement of interstate commerce,
taking into account the impact that any proposed
security measure might have on the provision of rail
service;
(B) deploying chemical and biological weapon
detection equipment;
(C) training employees in terrorism response
activities; and
(D) identifying the immediate and long-term
economic impact of measures that may be required to
address those risks.
(2) Existing private and public sector efforts.--The
assessment shall include a review of any actions already taken
or prospective actions necessary to address identified security
issues by both public and private entities.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment required by subsection (a), the Secretary shall consult with
rail management, rail labor, facility owners and operators, and public
safety officials (including officials responsible for responding to
emergencies).
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report, without compromising national
security, containing the assessment and prioritized
recommendations required by subsection (a).
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $515,000,000 for fiscal year 2005 to
carry out this section, implement the measures contained in the
Secretary's prioritized recommendations, and award grants for purposes
identified in the assessment in subsection (a), such sums to remain
available until expended.
SEC. 3. RAIL SECURITY.
(a) Rail Police Officers.--Section 28101 is amended by striking
``the rail carrier'' each place it appears and inserting ``any rail
carrier''.
(b) Review of Rail Regulations.--Within 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Department of Homeland Security, shall review existing rail
regulations of the Department of Transportation for the purpose of
identifying areas in which those regulations need to be revised to
improve rail safety and security.
SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.
(a) Requirement for Study.--Not later than December 1, 2004, the
Comptroller General shall carry out a study of the rail passenger
transportation security programs that are carried out for rail
transportation systems in Japan, member nations of the European Union,
and other foreign countries.
(b) Purpose.--The purpose of the study shall be to identify
effective rail transportation security measures that are in use in
foreign rail transportation systems, including innovative measures and
screening procedures determined effective.
(c) Report.--The Comptroller General shall submit a report on the
results of the study to Congress. The report shall include the
Comptroller General's assessment regarding whether it is feasible to
implement within the United States any of the same or similar security
measures that are determined effective under the study.
SEC. 5. PASSENGER, BAGGAGE, AND CARGO SCREENING.
(a) Requirement for Study and Report.--The Secretary of Homeland
Security shall--
(1) study the cost and feasibility of requiring security
screening for all passengers, baggage, and mail, express, and
other cargo on Amtrak trains; and
(2) report the results of the study, together with any
recommendations that the Secretary may have for implementing a
rail security screening program to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives one year after the date of enactment of this
Act.
(b) Pilot Program.--As part of the study under subsection (a), the
Secretary shall conduct a pilot program of random security screening of
passengers and baggage at 5 of the 10 busiest passenger rail stations
served by Amtrak (measured by the average number of boardings of Amtrak
passenger trains) and at up to five additional rail stations served by
Amtrak that are selected by the Secretary. In selecting the additional
train stations the Secretary shall attempt to achieve a distribution of
participating stations in terms of geographic location and size.
SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.
Any statutory limitation on the number of employees in the
Transportation Security Administration of the Department of
Transportation, before or after its transfer to the Department of
Homeland Security, does not apply to the extent that any such employees
are responsible for implementing the provisions of this title.
SEC. 7. LIFE SAFETY AND INFRASTRUCTURE.
(a) Life Safety Needs.--There are authorized to be appropriated to
the Secretary of Transportation for the use of Amtrak for fiscal year
2005:
(1) $677,000,000 for the 6 New York tunnels built in 1910
to provide ventilation, electrical, and fire safety technology
upgrades, emergency communication and lighting systems, and
emergency access and egress for passengers.
(2) $57,000,000 for the Baltimore & Potomac tunnel built in
1872 to provide adequate drainage, ventilation, communication,
lighting, and passenger egress upgrades.
(3) $40,000,000 for the Washington, D.C. Union Station
tunnels built in 1904 under the Supreme Court and House and
Senate Office Buildings to improve ventilation, communication,
lighting, and passenger egress upgrades.
(b) Infrastructure Upgrades.--There are authorized to be
appropriated to the Secretary of Transportation for the use of Amtrak
for fiscal year 2005, $3,000,000 for the preliminary design of options
for a new tunnel on a different alignment to augment the capacity of
the existing Baltimore tunnels, such funds to remain available until
expended. | Rail Transportation Security Act - Directs the Secretary of Homeland Security to assess the security risks associated with freight and intercity passenger rail transportation and develop prioritized recommendations for: (1) improving the security of rail infrastructure and other areas identified as posing significant rail-related risks to public safety and the movement of interstate commerce; (2) deploying chemical and biological weapon detection equipment; (3) training employees in terrorism response activities; and (4) identifying immediate and long-term economic impact of measures that may be required to address those risks.
Directs the Secretary of Transportation to review existing Department of Transportation (DOT) rail regulations to identify areas in which those regulations need to be revised to improve rail safety and security.
Directs the Comptroller General to carry out a study of the rail passenger transportation security programs in Japan, member nations of the European Union, and other foreign countries in order to identify effective rail transportation security measures in use in those foreign rail transportation systems, including innovative measures and screening procedures determined effective.
Directs the Secretary to: (1) study the cost and feasibility of requiring security screening for all passengers, baggage, mail, express, and other cargo on Amtrak trains; and (2) conduct a pilot program of random security screening of passengers and baggage at a specified number of the busiest passenger rail stations served by Amtrak.
Authorizes appropriations for FY 2005 for Amtrak for certain life safety and infrastructure upgrades at specified tunnels. | {"src": "billsum_train", "title": "A bill to provide increased rail transportation security."} | 1,392 | 300 | 0.669415 | 1.942863 | 0.797894 | 5.298932 | 4.540925 | 0.957295 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Timber Production and
Manufacturing Incentives Act''.
SEC. 2. INVESTMENT INCENTIVE FOR DOMESTIC TIMBER PRODUCTION.
(a) In General.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital gains)
is amended by adding at the end the following new section:
``SEC. 1202. INVESTMENT INCENTIVE FOR DOMESTIC TIMBER PRODUCTION.
``(a) In General.--At the election of any taxpayer who has
qualified timber gain for any taxable year, there shall be allowed as a
deduction from gross income an amount equal to the qualified percentage
of such gain.
``(b) Qualified Timber Gain.--For purposes of this section--
``(1) In general.--The term `qualified timber gain' means
the lesser of--
``(A) the net capital gain for the taxable year, or
``(B) the net capital gain for the taxable year
determined by taking into account only gains and losses
from qualified timber.
``(2) Qualified timber.--The term `qualified timber' means
any timber with respect to which the taxpayer has provided
assurances (which are satisfactory to the Secretary) that
substantially all of the processing of the timber will occur
within the United States.
``(c) Qualified Percentage.--For purposes of this section, the term
`qualified percentage' means the percentage (not exceeding 50 percent)
determined by multiplying--
``(1) 2 percent, by
``(2) the number of years in the holding period of the
taxpayer with respect to the timber.
``(d) Estates and Trusts.--In the case of an estate or trust, the
deduction under subsection (a) shall be computed by excluding the
portion (if any) of the gains for the taxable year from sales or
exchanges of capital assets which, under sections 652 and 662 (relating
to inclusions of amounts in gross income of beneficiaries of trusts),
is includible by the income beneficiaries as gain derived from the sale
or exchange of capital assets.''
(b) Coordination With Existing Limitations.--
(1) Subsection (h) of section 1 of such Code (relating to
maximum capital gains rate) is amended by inserting after ``net
capital gain'' each place it appears the following; ``(other
than qualified timber gain with respect to which an election is
made under section 1202)''.
(2) Subsection (a) of section 1201 of such Code (relating
to alternative tax for corporations) is amended by inserting
after ``net capital gain'' each place it appears the following:
``(other than qualified timber gain with respect to which an
election is made under section 1202)''.
(c) Allowance of Deduction in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (relating to definition of
adjusted gross income) is amended by adding at the end the following
new paragraph:
``(14) Investment incentive for domestic timber
production.--The deduction allowed by section 1202.''
(d) Conforming Amendment.--The table of sections for part I of
subchapter P of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1202. Investment incentive for
domestic timber production.''
(e) Effective Date.--The amendments made by this section shall
apply to sales or exchanges after the date of the enactment of this
Act.
SEC. 3. APPLICATION OF PASSIVE LOSS LIMITATIONS TO TIMBER ACTIVITIES.
(a) Determination of Material Participation.--Subsection (h) of
section 469 of the Internal Revenue Code of 1986 (defining material
participation) is amended by adding at the end the following new
paragraph:
``(6) Treatment of timber activities.--
``(A) In general.--A taxpayer shall be treated as
materially participating in any timber activity for a
taxable year if--
``(i) the taxpayer's participation in the
activity for such year constitutes
substantially all of the participation in the
activity of all individuals for such year,
other than individuals--
``(I) who are not owners of
interests in the activity,
``(II) who are retained and
compensated directly by the taxpayer,
and
``(III) whose activities are
subject to the oversight, supervision,
and control of the taxpayer, or
``(ii) based on all of the facts and
circumstances, the taxpayer participates in the
activity on a regular, continuous, and
substantial basis during such year, except that
for purposes of this clause--
``(I) the taxpayer shall not be
required to participate in the activity
for any minimum period of time during
such year, and
``(II) the performance of services
by individuals who are not owners of
interests in the activity shall not be
considered if the services are
routinely provided by individuals
specializing in such services and such
services are subject to the oversight,
supervision, and control of the
taxpayer.
``(B) Partners and s corporation shareholders.--
Subject to paragraph (2), the determination of whether
a partner or S corporation shareholder shall be treated
as materially participating in any timber activity of
the partnership or S corporation shall be based upon
the combined participation of all of the partners or
shareholders in the activity.
``(C) Timber activity.--For purposes of this
paragraph, the term `timber activity' means the
planting, cultivating, caring, cutting, or preparation
(other than milling) for market, of trees.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act. | Domestic Timber Production and Manufacturing Incentives Act - Amends the Internal Revenue Code to provide taxpayers a deduction from gross income for qualified timber gain as an investment incentive. Allows such deduction in computing adjusted gross income.
Provides for applying passive loss limitations to timber activities. | {"src": "billsum_train", "title": "Domestic Timber Production and Manufacturing Incentives Act"} | 1,295 | 59 | 0.582044 | 1.301072 | 1.101777 | 3.1 | 23.84 | 0.86 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extractive Industries Transparency
Disclosure Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Each year corporations pay billions of dollars to
foreign governments and their affiliates for natural resources,
such as oil, gas, coal, copper, diamonds, and other extracted
minerals.
(2) Developing countries that derive a significant portion
of their revenues from natural resource extraction tend to have
higher poverty rates, weaker governance, higher rates of
conflict, and poorer development records than those countries
that do not rely on resource revenues. Since revenues derived
from natural resource extraction are often a singular
opportunity for some developing countries to structure programs
and institutions to broaden the collective and individual
wealth of their citizens, it is imperative that the uses of
such funds are closely monitored.
(3) There is a growing consensus among oil, gas, and mining
companies that transparency is good for business, since it
improves the business climate in which they work and fosters
good governance and accountability.
(4) Transparency benefits shareholders because of their
desire to know the amount of such payments in order to assess
financial risk, compare payments from country to country, and
assess whether such payments help to create a more stable
investment climate; moreover, undisclosed payments may be
perceived as corrupt and to the detriment of the image of the
corporation.
(5) It is in the United States best interest to promote
transparency, since transparency contributes to a better
investment climate, a more stable commodity supply, and greater
energy security.
SEC. 3. ADDITIONAL ANNUAL REPORT DISCLOSURES REQUIRED.
(a) Amendment.--Section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m) is amended by adding at the end the following new
subsection:
``(m) Disclosure of Payment for Resource Extraction.--
``(1) Disclosures required.--The Commission shall modify
the rules prescribed under subsection (b) to require that each
issuer required to file an annual report with the Commission
shall disclose in such report the total amounts, for each
foreign country and for each category of payment for each
foreign country, of any and all payments made, directly or
indirectly, by the issuer or any of its subsidiaries, to an
agency or instrumentality of a foreign government--
``(A) for natural resources in a foreign country;
or
``(B) in any connection with the extraction of
natural resources from a foreign country.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Agency or instrumentality of a foreign
government.--The term `agency or instrumentality of a
foreign government' means--
``(i) a foreign government;
``(ii) a department, ministry, agency,
office, officer, employee, legislator,
representative, subdivision, or agent of a
foreign government;
``(iii) a person that is directly or
indirectly owned, controlled, or employed by
one or more of the persons or entities
described in clause (i) or (ii);
``(iv) an account, trust, or other device
held for the benefit of any of the persons or
entities described in clause (i), (ii), or
(iii); or
``(v) an entity controlled by the state,
such as a state-owned oil company, and its
agents.
``(B) Category of payment.--The term `category of
payment', for any payment or transfer, means the
category described in any of clauses (i) through (viii)
of subparagraph (G) that most closely describes such
payment or transfer.
``(C) Extraction.--The term `extraction' means--
``(i) the search for any natural resource,
in its natural deposits and original locations;
``(ii) the acquisition of property rights,
licenses, or properties for the purpose of
further exploration or for the purpose of
removing any natural resource from existing
deposits on those properties, or both;
``(iii) the construction, drilling, and
production activities necessary to retrieve any
natural resource from its natural deposit, and
the acquisition, construction, installation,
and maintenance of field gathering and storage
systems, including lifting any other natural
resource to the surface and gathering,
treating, field processing, and field storage;
``(iv) the transportation of any natural
resource through the territory of any foreign
country by any means;
``(v) the export of any natural resource
from an intermediary country;
``(vi) the acquisition of any concession,
permission, permit, right, or other
authorization from a foreign government
necessary or desirable to conduct any of the
activities described in clauses (i) through
(v); or
``(vii) any combination of the activities
described in clauses (i) through (vi).
``(D) Foreign country.--The term `foreign country'
means any country other than the United States.
``(E) Foreign government.--The term `foreign
government' means the government of any foreign
country.
``(F) Natural resources.--The term `natural
resources' means--
``(i) oil and gas reserves, metal ores,
gemstones, industrial materials, and coal; and
``(ii) any other commodity of commercial
value produced by the extraction of natural
resources, in its natural or refined state,
that the Commission shall, by regulation,
determine should be subject to the reporting
requirements of this subsection in order to
carry out the purposes of this subsection due
to the significance of the amounts being paid
therefor by one or more issuers.
``(G) Payments.--The term `payments' means any
transfer or payment of any kind, either direct or
indirect, and irrespective of the amount, and in any
form whatsoever, including--
``(i) host government's production
entitlements;
``(ii) national state-owned company
production entitlements;
``(iii) profits taxes;
``(iv) royalties;
``(v) dividends;
``(vi) bonuses (such as signature,
discovery, or production bonuses);
``(vii) license fees, rental fees, entry
fees, and other considerations for licenses or
concessions; and
``(viii) other benefits to the foreign
government or the agency or instrumentality of
the foreign government that have a value of not
less that $100,000.''.
(b) Deadline.--The Securities and Exchange Commission shall
prescribe the modifications to its rules required by section 13(m) of
the Securities Exchange Act of 1934 (as added by the amendment made by
subsection (a) of this section) not later than 90 days after the date
of enactment of this Act, and shall make such modifications effective
with respect to the annual reports of issuers with respect to the
fiscal years of issuers ending on or after January 1, 2009.
(c) Public Availability of Information.--The Securities and
Exchange Commission shall, by rule or regulation, provide that the
information filed by all issuers pursuant to such section 13(m) be
compiled so that it is accessible by the public directly, and in a
compiled format, from the website of the Commission without separately
accessing on the EDGAR system the annual reports of each issuer filing
such information. | Extractive Industries Transparency Disclosure Act - Amends the Securities Exchange Act of 1934 to instruct the Securities and Exchange Commission (SEC) to require specified annual reports of an issuer to disclose the total payments made to an agency or instrumentality of a foreign government: (1) for natural resources in a foreign country; or (2) in connection with the extraction of natural resources from a foreign country.
Requires compilation of such information so that it is accessible by the public directly from the SEC website without separately accessing the annual reports of each issuer filing the information on the EDGAR system. | {"src": "billsum_train", "title": "A bill to require, for the benefit of shareholders, the disclosure of payments to foreign governments for the extraction of natural resources, to allow such shareholders more appropriately to determine associated risks."} | 1,615 | 127 | 0.530949 | 1.668213 | 0.665169 | 4.144144 | 14.099099 | 0.954955 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lewis and Clark National Historic
Trail Interpretive Center Act of 2014''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to provide for a pilot program of public-private
partnership regarding the operation of the Lewis and Clark
National Historic Trail Interpretive Center;
(2) to promote the use and development of the Interpretive
Center by the Lewis & Clark Foundation, in support of the
purposes of Public Law 100-552 (102 Stat. 2766);
(3) to allow and promote use of the Interpretive Center,
with the goal of achieving financial self-sustainability; and
(4) to authorize the Secretary of Agriculture to
participate and cooperate in the operation of the Interpretive
Center as necessary or desirable to promote--
(A) the conservation and management of United
States public land;
(B) the use, understanding, and enjoyment of--
(i) the Interpretive Center; and
(ii) natural resources and natural history;
and
(C) interpretation of the historical events
associated with--
(i) the Lewis and Clark Expedition;
(ii) Native Americans; and
(iii) the American West.
SEC. 3. DEFINITIONS.
In this Act:
(1) Foundation.--The term ``Foundation'' means the Lewis &
Clark Foundation, a nonprofit corporation existing under the
laws of the State (or any successor in interest to that
foundation).
(2) Grant deed.--The term ``Grant Deed'' means the
instrument that--
(A) conveys to the United States from the Montana
Department of Fish, Wildlife and Parks a parcel of land
comprising 27.29 acres, as depicted on the Map and
located in Cascade County, Montana;
(B) comprises 8 pages recorded in the land records
of Cascade County as document numbered R0040589; and
(C) is dated June 6, 2002.
(3) Interpretive center.--
(A) In general.--The term ``Interpretive Center''
means the Lewis and Clark National Historic Trail
Interpretive Center, located in Great Falls, Montana.
(B) Inclusions.--The term ``Interpretive Center''
includes all land, buildings, and fixtures associated
with the center described in subparagraph (A).
(4) Map.--The term ``Map'' means the map entitled ``Lewis
and Clark Interpretive Center, Tract No. 1 of the Certificate
of Survey #3942'', filed on April 18, 2002, in the offices of
the Clerk and Recorder, Cascade County, Montana.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) State.--The term ``State'' means the State of Montana.
SEC. 4. AMENDMENTS.
Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) is
amended--
(1) in section 2--
(A) in subsection (b), in the first sentence, by
striking ``donated'' and inserting ``conveyed''; and
(B) by striking subsection (c); and
(2) in section 3(a), by striking the second sentence.
SEC. 5. RATIFICATION OF PRIOR CONVEYANCE.
Notwithstanding section 2 of Public Law 100-552 (16 U.S.C. 1244
note; 102 Stat. 2766), the Grant Deed is ratified in accordance with
the terms of the Grant Deed.
SEC. 6. CONVEYANCE BY LEASE.
(a) Pilot Project.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, without further administrative
procedures, reviews, or analyses and subject to valid existing
rights of record, the Secretary shall carry out a pilot project
under which the Secretary shall offer to lease to the
Foundation, for no consideration, the land and improvements
comprising the Federal interest in the Interpretive Center,
including the real property depicted on the Map and conveyed by
the Grant Deed.
(2) Timing.--At any time, the Secretary and the Foundation
may agree to the lease of all or any portion of the property
described in paragraph (1)--
(A) at 1 time; or
(B) in phases over time.
(3) Personal property conveyance.--The Secretary may
convey, by deed of gift or lease to the Foundation, for no
consideration, such furniture, equipment, and other personal
property as the Secretary and the Foundation agree to be
appropriate, including any property that has been used in
connection with the operation and maintenance of the
Interpretive Center on or before the date of enactment of this
Act.
(b) Terms and Conditions.--
(1) Term.--The lease under subsection (a) shall be--
(A) for a primary term of not more than 40 years;
and
(B) renewable for additional terms of not more than
40 years each, in accordance with such terms and
conditions as the Secretary and the Foundation agree to
be appropriate.
(2) Condition.--The Secretary--
(A) shall lease any real or personal property
pursuant to this section in the existing condition of
the property; and
(B) has no obligation to repair or replace any such
property or improvement.
(3) Requirements.--
(A) In general.--The terms of any lease, lease
modification, or lease renewal under this section shall
be consistent with the requirements of this Act.
(B) Other terms and conditions.--The lease may
contain such other terms and conditions including
provisions relating to--
(i) the partial occupancy and use at
reduced or no charges by the Forest Service,
other Federal departments or agencies, and any
other entities referred to in Public Law 100-
552 (16 U.S.C. 1244 note; 102 Stat. 2766);
(ii) capital improvements made by the
Foundation, the title to which shall vest in
the United States on termination of the lease,
unless otherwise agreed to by the Secretary and
the Foundation; and
(iii) the upkeep and maintenance of any
appropriate facilities by the Foundation.
(4) Modifications.--The lease may be modified from time to
time by mutual written agreement of the Secretary and the
Foundation.
(5) Termination.--The lease under subsection (a) shall be
terminable by the Secretary in any case in which the Secretary
determines that the Interpretive Center is--
(A) destroyed by fire or act of God such that the
Interpretive Center cannot continue operating, and the
Foundation has elected not to construct or reconstruct
any necessary improvements;
(B) attempted to be sold, mortgaged, or used as
security for indebtedness;
(C) abandoned or ceases to be used for the purposes
of the lease for a consecutive period of 1 year, unless
otherwise agreed to by the Foundation and the
Secretary; or
(D) used in a manner that is inconsistent with the
terms of the lease.
(c) Administrative Actions.--The Regional Forester, Northern
Region, of the Forest Service may act on behalf of the Secretary in
carrying out this Act.
(d) Reservation of Rights in United States.--
(1) In general.--At all times, the United States shall
reserve the right to locate, develop, and use the Interpretive
Center for other uses by the Federal Government that are
compatible with the purposes and operation of Interpretive
Center.
(2) Consultation required.--The Foundation shall be
consulted prior to any development or use under paragraph (1).
(e) Insurance.--
(1) In general.--The Foundation shall maintain general
liability insurance for the duration of the lease under this
section, in such amount as is agreed to by the Secretary and
the Foundation.
(2) Requirement.--The United States shall be named as an
additional insured under the policy.
SEC. 7. USE BY FOUNDATION.
The lease under this Act--
(1) shall permit the Foundation to assume stewardship
responsibilities for the Interpretive Center, including
through--
(A) the sale of souvenirs and merchandise;
(B) the provision of food and visitor services;
(C) the rental of facilities for short-term events;
and
(D) the assessment of admission and use fees in an
amount determined by the Foundation; and
(2) may permit the Foundation, with prior written approval
of the Secretary--
(A) to construct or renovate any applicable
improvements; and
(B) to sublet any space or facility for any use
that is compatible with the purposes of the
Interpretive Center.
SEC. 8. MONETARY PROVISIONS.
(a) Admission and Use Fees.--The Foundation shall have sole
discretion to establish and charge admission and use fees for the
Interpretive Center.
(b) Receipts.--The Foundation may retain and use all amounts
generated from the operation of the Interpretive Center, including
through--
(1) the sale of merchandise; and
(2) the assessment of admission and use fees.
(c) Accounts.--
(1) In general.--The Foundation shall maintain documents
and accounts that are--
(A) prepared by an accountant certified or licensed
by a State regulatory authority; and
(B) prepared in accordance with generally accepted
accounting principles.
(2) Inspection.--All documents and accounts of the
Foundation shall be open to inspection by--
(A) the Secretary; and
(B) other appropriate Federal officials.
(d) State and Local Taxes.--
(1) In general.--The Interpretive Center shall be
considered to be Federal property for purposes of taxation by
the State government and units of local government.
(2) Effect of act.--Nothing in this Act exempts the
Foundation or the Interpretive Center from the collection and
payment of any sales or excise tax.
(e) Federal Assistance.--
(1) In general.--Subject to the availability of
appropriated funds, the Secretary may provide to the Foundation
(including through a cooperative agreement under section 9)
such sums as the Secretary determines to be appropriate for--
(A) startup costs; and
(B) subsequent maintenance and operational
expenses.
(2) Other federal assistance.--The Foundation may apply for
and receive any Federal grant or other form of Federal
assistance for which the Foundation is otherwise eligible,
notwithstanding the status of the Foundation as a lessee of, or
cooperator with, the United States.
SEC. 9. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary and the Foundation at any time may
enter into any cooperative agreement to provide Federal financial or
other assistance at the Interpretive Center relating to--
(1) the use of Forest Service employees for interpretive or
educational services;
(2) the use of equipment;
(3) the training of staff and volunteers;
(4) the provision of interpretive services, including
displays, educational programs, and similar information;
(5) maintenance and operational expenses; and
(6) any other activity that the Foundation and the
Secretary determine to be in support of the purposes of Public
Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) and this Act.
(b) Effect of Act.--Nothing in this Act precludes the use of other
cooperative authorities of the Secretary, including the National Trails
System Act (16 U.S.C. 1241 et seq.).
SEC. 10. RELATIONSHIP TO OTHER LAWS.
(a) Public Law 100-552.--
(1) In general.--Except as provided in section 4, Public
Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) shall remain
in force and effect.
(2) Conflicts.--If a conflict arises between Public Law
100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) and any provision
of this Act, the provision of this Act shall prevail.
(b) Fees and Charges.--The Foundation and the operation of the
Interpretive Center shall not be subject to the requirements of Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) or any other
law relating to the charging of admission or use fees on Federal land
or facilities.
(c) Federal Laws and Regulations.--
(1) In general.--Notwithstanding the lease under this Act,
the Interpretive Center shall continue to be subject to the
laws and regulations relating to the National Forest System,
unless any such law or regulation is inconsistent with Public
Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) or this Act.
(2) Regulations.--No provision contained in subpart B of
part 251 of title 36, Code of Federal Regulations (as in effect
on the date of enactment of this Act), shall apply to the lease
authorized by this Act, unless such a provision is incorporated
in the lease by agreement of the Secretary and the Foundation.
SEC. 11. REPORTS TO CONGRESS.
(a) In General.--The Secretary and the Foundation each may submit
to Congress, from time to time, reports regarding the status of the
pilot project authorized by this Act, including--
(1) an assessment of the lease under the pilot project; and
(2) such recommendations as the Secretary or the Foundation
determine to be necessary or appropriate for the continued
management of the Interpretive Center.
(b) Applicability.--The Secretary may advise Congress with respect
to the potential applicability of the pilot project under this Act to
other interpretive centers within the National Forest System.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as are necessary to carry out--
(1) this Act; and
(2) Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat.
2766). | Lewis and Clark National Historic Trail Interpretive Center Act of 2014 - Ratifies the conveyance of 27.29 acres of land from the Montana Department of Fish, Wildlife and Parks to the United States. Directs the Department of Agriculture (USDA) to carry out a pilot project under which USDA offers a lease to the Lewis & Clark Foundation of the land and improvements comprising the federal interest in the Lewis and Clark National Historic Trail Interpretive Center located in Great Falls, Montana. Requires the United States to reserve the right to locate, develop, and use the Interpretive Center for other uses by the federal government that are compatible with the purposes and operation of the Center. | {"src": "billsum_train", "title": "Lewis and Clark National Historic Trail Interpretive Center Act of 2014"} | 3,004 | 145 | 0.662695 | 1.890479 | 0.630613 | 5.101563 | 21.726563 | 0.929688 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Drunk Driving Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Alcohol-impaired driving fatalities represent
approximately one-third of all highway fatalities in the United
States in a given year.
(2) First offenders were responsible for 75 percent of
drunk driving arrests and 25 percent were from repeat
offenders.
(3) In 2013, there were 10,076 alcohol-impaired driving
fatalities in the United States.
(4) The National Highway Traffic Safety Administration has
partnered with automobile manufacturers to develop alcohol
detection technologies that may be installed in vehicles to
prevent drunk driving.
(5) An estimated 59,000 lives and $343,000,000,000 may be
saved over a 15-year period by the widespread installation of
alcohol detection technologies in motor vehicles.
SEC. 3. ADVANCED TECHNOLOGY TO END DRUNK DRIVING.
(a) In General.--Not later than 10 years after the date of
enactment of this Act, the Secretary shall issue a final rule
prescribing or amending a Federal motor vehicle safety standard that
would prevent operation of a motor vehicle when the operator is under
the influence of alcohol. The standard--
(1) shall prevent the operation of the motor vehicle if the
operator's blood alcohol content is above the legal limit; and
(2) shall require such technology to be--
(A) reliable and accurate;
(B) set at the legal limit;
(C) unobtrusive and fast;
(D) tamper-proof/circumvention-resistant;
(E) functionary in extreme environments (both hot
and cold); and
(F) easily maintained.
SEC. 4. FUNDING AND PLANS FOR DRIVER ALCOHOL DETECTION SYSTEM FOR
SAFETY RESEARCH.
Section 403(h) of title 23, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Funding.--To carry out this subsection, the Secretary
shall obligate from funds made available to carry out this
section--
``(A) $12,000,000 for each of fiscal years 2017 and
2018;
``(B) $16,000,000 for each of fiscal years 2019 and
2020; and
``(C) $20,000,000 for each of years 2021 through
2026.''; and
(2) in paragraph (4)--
(A) in subparagraph (A) by striking ``and'' at the
end;
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) outlines the Administration's plans to
expedite research and development of this technology;
and''.
SEC. 5. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED
DRIVING.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Use of ignition interlock devices to prevent repeat
intoxicated driving
``(a) Definitions.--In this section:
``(1) Alcohol concentration.--The term `alcohol
concentration' means grams of alcohol per 100 milliliters of
blood or grams of alcohol per 210 liters of breath.
``(2) Driving while intoxicated; driving under the
influence.--The terms `driving while intoxicated' and `driving
under the influence' mean driving or being in actual physical
control of a motor vehicle in a State while having a blood
alcohol concentration that is greater than or equal to the
lesser of--
``(A) the blood alcohol concentration limit of the
State in which the individual is driving; or
``(B) 0.08 percent.
``(3) Ignition interlock device.--The term `ignition
interlock device' means an in-vehicle device that--
``(A) requires a driver to provide a breath sample
prior to the motor vehicle starting; and
``(B) prevents a motor vehicle from starting if the
alcohol concentration of the driver is above the legal
limit.
``(4) Motor vehicle.--
``(A) In general.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways.
``(B) Exclusions.--The term `motor vehicle' does
not include--
``(i) a vehicle operated solely on a rail
line; or
``(ii) a commercial vehicle.
``(b) Laws Requiring Ignition Interlock Devices.--A State meets the
requirements of this subsection if the State has enacted and is
enforcing a law that requires throughout the State the installation of
an ignition interlock device for a minimum of 180 days on each motor
vehicle operated by an individual who is convicted of driving while
intoxicated or driving under the influence.
``(c) Withholding of Funds for Noncompliance.--
``(1) Fiscal year 2017.--On October 1, 2016, the Secretary
shall withhold 1 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) if the State does not meet the requirements of
subsection (b) of this section.
``(2) Fiscal year 2018.--On October 1, 2017, the Secretary
shall withhold 3 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) if the State does not meet the requirements of
subsection (b) of this section.
``(3) Fiscal year 2019 and thereafter.--On October 1, 2018,
and on October 1 of each fiscal year thereafter, the Secretary
shall withhold 5 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) if the State does not meet the requirements of
subsection (b) of this section.
``(d) Period of Availability of Withheld Funds; Effect of
Compliance and Noncompliance.--
``(1) Period of availability of withheld funds.--Any funds
withheld under subsection (c) from apportionment to a State
shall remain available for apportionment to the State until the
end of the third fiscal year following the fiscal year for
which the funds are authorized to be appropriated.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under subsection (c) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
meets the requirements of subsection (b), the Secretary shall,
on the first day on which the State meets the requirements of
subsection (b), apportion to the State the funds withheld under
subsection (c) that remain available for apportionment to the
State.
``(3) Period of availability of subsequently apportioned
funds.--Any funds apportioned pursuant to paragraph (2)--
``(A) shall remain available for expenditure until
the end of the third fiscal year following the fiscal
year in which the funds are so apportioned; and
``(B) if not apportioned at the end of that period,
shall lapse.
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (c) from
apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirements of
subsection (b), the funds shall lapse.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``171. Use of ignition interlock devices to prevent repeat intoxicated
driving.''.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) Alcohol-impaired driving.--The term ``alcohol-impaired
driving'' means operation of a motor vehicle (as defined in
section 30102(a)(6) of title 49, United States Code) by an
individual whose blood alcohol content is at or above the legal
limit.
(2) Legal limit.--The term ``legal limit'' means a blood
alcohol concentration of--
(A) 0.08 percent or greater (as specified in
section 163(a) of title 23, United States Code); or
(B) such other percentage limitation as may be
established by applicable Federal, State, or local law. | End Drunk Driving Act of 2016 This bill directs the Department of Transportation to issue a final rule prescribing or amending a federal motor vehicle safety standard that would prevent operation of a motor vehicle when the operator is under the influence of alcohol. Such standard shall: prevent the operation of the motor vehicle if the operator's blood alcohol content is above the legal limit; and require the technology to be reliable and accurate, set at the legal limit, unobtrusive and fast, tamper-proof/circumvention-resistent, functionary in extreme environments, and easily maintained. To meet grant requirements, a state must enact and enforce a law that requires the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence. The bill prescribes compliance requirements and penalties for noncompliance. | {"src": "billsum_train", "title": "End Drunk Driving Act of 2016"} | 1,942 | 201 | 0.543281 | 1.713375 | 0.872325 | 5.843373 | 10.427711 | 0.903614 |
SECTION 1. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS ASSOCIATION,
INCORPORATED.
(a) Grant of Charter.--Part B of subtitle II of title 36, United
States Code, is amended--
(1) by striking the following:
``CHAPTER 1201--[RESERVED]'';
and
(2) by inserting after chapter 1103 the following new
chapter:
``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED
``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Tax-exempt status required as condition of charter.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.
``120112. Definition.
``Sec. 120101. Organization
``(a) Federal Charter.--Korean War Veterans Association,
Incorporated (in this chapter, the `corporation'), a nonprofit
corporation organized under the laws of the State of New York, is a
federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with the provisions of this chapter, the charter granted by subsection
(a) expires.
``Sec. 120102. Purposes
``The purposes of the corporation are those provided in its
articles of incorporation and shall include the following:
``(1) Organizing, promoting, and maintaining for benevolent
and charitable purposes an association of persons who have seen
honorable service in the Armed Forces during the Korean War,
and of certain other persons.
``(2) Providing a means of contact and communication among
members of the corporation.
``(3) Promoting the establishment of, and establishing, war
and other memorials commemorative of persons who served in the
Armed Forces during the Korean War.
``(4) Aiding needy members of the corporation, their wives
and children, and the widows and children of persons who were
members of the corporation at the time of their death.
``Sec. 120103. Membership
``Eligibility for membership in the corporation, and the rights and
privileges of members of the corporation, are as provided in the bylaws
of the corporation.
``Sec. 120104. Governing body
``(a) Board of Directors.--The composition of the board of
directors of the corporation, and the responsibilities of the board,
are as provided in the articles of incorporation of the corporation.
``(b) Officers.--The positions of officers of the corporation, and
the election of the officers, are as provided in the articles of
incorporation.
``Sec. 120105. Powers
``The corporation has only those powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
``Sec. 120106. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation, or a director or
officer of the corporation as such, may not contribute to, support, or
participate in any political activity or in any manner attempt to
influence legislation.
``(c) Loan.--The corporation may not make a loan to a director,
officer, or employee of the corporation.
``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval, or the authority of the United
States, for any of its activities.
``(e) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of the State of New York.
``Sec. 120107. Tax-exempt status required as condition of charter
``If the corporation fails to maintain its status as an
organization exempt from taxation under the Internal Revenue Code of
1986, the charter granted under this chapter shall terminate.
``Sec. 120108. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote on matters relating
to the corporation.
``(b) Inspection.--A member entitled to vote on matters relating to
the corporation, or an agent or attorney of the member, may inspect the
records of the corporation for any proper purpose, at any reasonable
time.
``Sec. 120109. Service of process
``The corporation shall have a designated agent in the District of
Columbia to receive service of process for the corporation. Notice to
or service on the agent is notice to or service on the Corporation.
``Sec. 120110. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 120111. Annual report
``The corporation shall submit to Congress an annual report on the
activities of the corporation during the preceding fiscal year. The
report shall be submitted at the same time as the report of the audit
required by section 10101 of this title. The report may not be printed
as a public document.
``Sec. 120112. Definition
``For purposes of this chapter, the term `State' includes the
District of Columbia and the territories and possessions of the United
States.''.
(b) Clerical Amendment.--The item relating to chapter 1201 in the
table of chapters at the beginning of subtitle II of title 36, United
States Code, is amended to read as follows:
``1201. Korean War Veterans Association, Incorporated....... 120101''. | Grants a Federal charter to the Korean War Veterans Association, Incorporated (a nonprofit corporation incorporated under the laws of New York). | {"src": "billsum_train", "title": "To grant a Federal charter to Korean War Veterans Association, Incorporated."} | 1,361 | 30 | 0.582891 | 1.391644 | 0.349805 | 3.28 | 49.28 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John's Law of 2002''.
SEC. 2. LIABILITY FOR PERMITTING AN INTOXICATED ARRESTEE TO OPERATE A
MOTOR VEHICLE.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 165. Liability for permitting an intoxicated arrestee to operate
a motor vehicle
``(a) Definition of Motor Vehicle.--In this section, the term
`motor vehicle' means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but does not include
a vehicle operated only on a rail.
``(b) Withholding of Apportionments for Noncompliance.--
``(1) Fiscal year 2005.--The Secretary shall withhold 5
percent of the amount required to be apportioned to any State
under each of paragraphs (1), (3), and (4) of section 104(b) on
October 1, 2004, if the State does not meet the requirements of
paragraph (3) on that date.
``(2) Subsequent fiscal years.--The Secretary shall
withhold 10 percent of the amount required to be apportioned to
any State under each of paragraphs (1), (3), and (4) of section
104(b) on October 1, 2005, and on October 1 of each fiscal year
thereafter, if the State does not meet the requirements of
paragraph (3) on that date.
``(3) Requirements.--A State meets the requirements of this
paragraph if the State has enacted and is enforcing a law that
is substantially as follows:
``(A) Written statement.--If a person is summoned
by or on behalf of a person who has been arrested for
public intoxication in order to transport or accompany
the arrestee from the premises of a law enforcement
agency, the law enforcement agency shall provide that
person with a written statement advising him of his
potential criminal and civil liability for permitting
or facilitating the arrestee's operation of a motor
vehicle while the arrestee remains intoxicated. The
person to whom the statement is issued shall
acknowledge, in writing, receipt of the statement, or
the law enforcement agency shall record the fact that
the written statement was provided, but the person
refused to sign an acknowledgment. The State shall
establish the content and form of the written statement
and acknowledgment to be used by law enforcement
agencies throughout the State and may issue directives
to ensure the uniform implementation of this
subparagraph. Nothing in this subparagraph shall impose
any obligation on a physician or other health care
provider involved in the treatment or evaluation of the
arrestee.
``(B) Impoundment of vehicle operated by arrestee;
conditions of release; fee for towing, storage.--
``(i) If a person has been arrested for
public intoxication, the arresting law
enforcement agency shall impound the vehicle
that the person was operating at the time of
arrest.
``(ii) A vehicle impounded pursuant to this
subparagraph shall be impounded for a period of
12 hours after the time of arrest or until such
later time as the arrestee claiming the vehicle
meets the conditions for release in clause
(iv).
``(iii) A vehicle impounded pursuant to
this subparagraph may be released to a person
other than the arrestee prior to the end of the
impoundment period only if--
``(I) the vehicle is not owned or
leased by the person under arrest and
the person who owns or leases the
vehicle claims the vehicle and meets
the conditions for release in clause
(iv); or
``(II) the vehicle is owned or
leased by the arrestee, the arrestee
gives permission to another person, who
has acknowledged in writing receipt of
the statement to operate the vehicle
and the conditions for release in
clause (iv).
``(iv) A vehicle impounded pursuant to this
subparagraph shall not be released unless the
person claiming the vehicle--
``(I) presents a valid operator's
license, proof of ownership or lawful
authority to operate the vehicle, and
proof of valid motor vehicle insurance
for that vehicle;
``(II) is able to operate the
vehicle in a safe manner and would not
be in violation driving while
intoxicated laws; and
``(III) meets any other conditions
for release established by the law
enforcement agency.
``(v) A law enforcement agency impounding a
vehicle pursuant to this subparagraph is
authorized to charge a reasonable fee for
towing and storage of the vehicle. The law
enforcement agency is further authorized to
retain custody of the vehicle until that fee is
paid.
``(c) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Period of availability of withheld funds.--Any funds
withheld under subsection (b) from apportionment to any State
shall remain available until the end of the fourth fiscal year
following the fiscal year for which the funds are authorized to
be appropriated.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under subsection (b) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
meets the requirements of subsection (a)(3), the Secretary
shall, on the first day on which the State meets the
requirements, apportion to the State the funds withheld under
subsection (b) that remain available for apportionment to the
State.
``(3) Period of availability of subsequently apportioned
funds.--
``(A) In general.--Any funds apportioned under
paragraph (2) shall remain available for expenditure
until the end of the third fiscal year following the
fiscal year in which the funds are so apportioned.
``(B) Treatment of certain funds.--Any funds
apportioned under paragraph (2) that are not obligated
at the end of the period referred to in subparagraph
(A) shall be allocated equally among the States that
meet the requirements of subsection (a)(3).
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (b) from
apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirements of
subsection (a)(3), the funds shall be allocated equally among
the States that meet the requirements of subsection (a)(3).''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of title 23, United States Code, is amended by adding at the end the
following:
``165. Liability for permitting an intoxicated arrestee to operate a
motor vehicle.''. | John's Law of 2002 - Directs the Secretary of Transportation to withhold specified Federal highway funds from a State that fails to enact and enforce a law that requires: (1) an agency to provide an individual summoned to transport or accompany a person who has been arrested for public intoxication with a written statement advising that individual of his or her potential criminal and civil liability for permitting or facilitating the arrestee's operation of a motor vehicle while the arrestee remains intoxicated; and (2) a law enforcement agency to impound the vehicle of a person arrested for public intoxication for a period of 12 hours or until such later time as the person is able to operate the vehicle in a safe manner and not in violation of driving while intoxicated laws.Allows withheld funds to: (1) remain available for apportionment to the State (once it meets Act requirements) for four years; (2) remain available for expenditure for three fiscal years after apportionment; and (3) be redistributed to other States if the originally targeted State is not in compliance, or the funds are not obligated for expenditure, within such periods. | {"src": "billsum_train", "title": "A bill to amend title 23, United States Code, to provide for criminal and civil liability for permitting an intoxicated arrestee to operate a motor vehicle."} | 1,538 | 255 | 0.595306 | 1.786415 | 0.926812 | 3.023474 | 6.530516 | 0.882629 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Against Child
Exploitation Act of 2017''.
SEC. 2. SEXUAL EXPLOITATION OF CHILDREN.
Section 2251 of title 18, United States Code, is amended--
(1) by amending subsections (a) and (b) to read as follows:
``(a) Any person who, in a circumstance described in subsection
(f), knowingly--
``(1) employs, uses, persuades, induces, entices, or
coerces a minor to engage in any sexually explicit conduct for
the purpose of producing any visual depiction of such conduct,
or transmitting a live visual depiction of such conduct;
``(2) produces or causes to be produced a visual depiction
of a minor engaged in any sexually explicit conduct where the
production of such visual depiction involves the use of a minor
engaging in sexually explicit conduct and such visual depiction
is of such conduct;
``(3) transmits or causes to be transmitted a live visual
depiction of a minor engaged in any sexually explicit conduct;
``(4) has a minor assist any other person to engage in any
sexually explicit conduct during the commission of an offense
set forth in paragraphs (1) through (3) of this subsection; or
``(5) transports any minor in or affecting interstate or
foreign commerce with the intent that such minor be used in the
production or live transmission of a visual depiction of a
minor engaged in any sexually explicit conduct,
shall be punished as provided under subsection (e).
``(b) Any parent, legal guardian, or person having custody or
control of a minor who, in a circumstance described in subsection (f),
knowingly permits such minor to engage in, or to assist any other
person to engage in, sexually explicit conduct knowing that a visual
depiction of such conduct will be produced or transmitted shall be
punished as provided under subsection (e).'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``employs, uses, persuades,
induces, entices, or coerces any minor to
engage in, or who has a minor assist any other
person to engage in, any sexually explicit
conduct'' and inserting ``engages in any
conduct described in paragraphs (1) through (5)
of subsection (a)''; and
(ii) by striking ``, for the purpose of
producing any visual depiction of such
conduct,'';
(B) in paragraph (2)(A), by inserting after
``transported'' the following: ``or transmitted''; and
(C) in paragraph (2)(B), by inserting after
``transports'' the following; ``or transmits'';
(3) by adding at the end the following:
``(f) The circumstances referred to in subsections (a) and (b)
are--
``(1) that the person knows or has reason to know that such
visual depiction will be--
``(A) transported or transmitted using any means or
facility of interstate or foreign commerce;
``(B) transported or transmitted in or affecting
interstate or foreign commerce; or
``(C) mailed;
``(2) the visual depiction was produced or transmitted
using materials that have been mailed, or shipped or
transported in or affecting interstate or foreign commerce by
any means, including by computer;
``(3) such visual depiction has actually been--
``(A) transported or transmitted using any means or
facility of interstate or foreign commerce;
``(B) transported or transmitted in or affecting
interstate or foreign commerce; or
``(C) mailed; or
``(4) any part of the offense occurred in a territory or
possession of the United States or within the special maritime
and territorial jurisdiction of the United States.
``(g) Notwithstanding any other provision of this section, no
criminal charge under subsection (a)(3) may be brought against an
electronic communication service provider or remote computing service
provider unless such provider has intentionally transmitted or caused
to be transmitted a visual depiction with actual knowledge that such
depiction is of a minor engaged in sexually explicit conduct, nor may
any such criminal charge be brought if barred by the provisions of
section 2258B.''.
SEC. 3. LIMITED LIABILITY FOR CERTAIN PERSONS WHEN RESPONDING TO SEARCH
WARRANTS OR OTHER LEGAL PROCESS.
Section 2258B of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``from the response to
a search warrant or other legal process or'' before ``from the
performance''; and
(2) in subsection (b)(2)(C), by inserting ``the response to
a search warrant or other legal process or to'' before ``the
performance of any responsibility''.
Passed the House of Representatives May 25, 2017.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on May 22, 2017. Protecting Against Child Exploitation Act of 2017 (Sec. 2) This bill makes it a federal crime, subject to certain jurisdictional requirements, to: (1) knowingly produce or cause to be produced a visual depiction of a minor engaged in any sexually explicit conduct; (2) knowingly transmit a live depiction of a minor engaged in sexually explicit conduct; (3) have a minor assist any other person in producing or transmitting a depiction of a minor engaged in sexually explicit conduct; and (4) as parent or legal guardian, knowingly permit a minor to engage in sexually explicit conduct knowing that a visual depiction of such conduct will be produced or transmitted. The bill removes the "purpose" requirement for certain offenses involving the sexual exploitation of children occurring outside of the United States or within its territories or possessions. No criminal charges related to transmitting a live visual depiction of a minor engaged in sexually explicit conduct may be brought against an electronic communication service provider or remote computing service provider unless such provider has intentionally transmitted the visual depiction with actual knowledge of its content. (Sec. 3) Subject to certain exceptions, a civil claim or criminal charge against an electronic communication service provider, a remote computing service provider, or domain name registrar arising from the response to a search warrant or other legal process under various federal laws relating to sexual exploitation and other abuse of children may not be brought in any federal or state court. | {"src": "billsum_train", "title": "Protecting Against Child Exploitation Act of 2017"} | 1,126 | 350 | 0.660412 | 2.162773 | 0.781271 | 3.417508 | 3.535354 | 0.811448 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coral Reef Conservation Act of
1997''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To preserve, sustain, and restore the health of coral
reef ecosystems.
(2) To assist in the conservation and protection of coral
reefs by supporting conservation programs.
(3) To provide financial resources for those programs.
(4) To establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be
used for coral reef conservation projects.
SEC. 3. DEFINITIONS.
In this Act:
(1) Coral.--The term ``coral'' means species of the phylum
Cnidaria, including--
(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Gorgonacea (horny
corals), Stolonifera (organpipe corals and others), and
Coenothecalia (blue coral), of the class Anthozoa; and
(B) all species of the order Hydrocorallina (fire
corals and hydrocorals), of the class Hydrozoa.
(2) Coral reef.--The term ``coral reef'' means any reef or
shoal composed primarily of the skeletal material of species of
the order Scleractinia (class Anthozoa).
(3) Coral reef ecosystem.--The term ``coral reef
ecosystem'' means the complex of species associated with coral
reefs and their environment that--
(A) functions as an ecological unit in nature; and
(B) is necessary for that function to continue.
(4) Corals and coral products.--The term ``corals and coral
products'' means any living or dead specimens, parts, or
derivatives, or any product containing specimens, parts, or
derivatives, of any species referred to in paragraph (1).
(5) Conservation.--The term ``conservation'' means the use
of methods and procedures necessary to preserve or sustain
corals and species associated with coral reefs as diverse,
viable, and self-perpetuating coral reef ecosystems, including
all activities associated with resource management, such as
conservation, protection, restoration, and management of
habitat; habitat monitoring; assistance in the development of
management strategies for marine protected areas and marine
resources consistent with the National Marine Sanctuaries Act
(16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.); law
enforcement through community participation; conflict
resolution initiatives; and community outreach and education.
(6) Fund.--The term ``Fund'' means the Coral Reef
Conservation Fund established under section 5(a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 4. CORAL REEF CONSERVATION ASSISTANCE.
(a) In General.--The Secretary, subject to the availability of
funds, shall use amounts in the Fund to provide grants of financial
assistance for projects for the conservation of coral reefs for which
final project proposals are approved by the Secretary in accordance
with this section.
(b) Project Proposal.--Any relevant natural resource management
authority of a State or territory of the United States or other
government jurisdiction with coral reefs whose activities directly or
indirectly affect coral reefs, or any nongovernmental organization or
individual with demonstrated expertise in the conservation of coral
reefs, may submit to the Secretary a project proposal under this
section. Each proposal shall include the following:
(1) The name of the individual responsible for conducting
the project.
(2) A succinct statement of the purposes of the project.
(3) A description of the qualifications of the individuals
who will conduct the project.
(4) An estimate of the funds and time required to complete
the project.
(5) Evidence of support of the project by appropriate
representatives of States or territories of the United States
or other government jurisdictions in which the project will be
conducted, if the Secretary determines that the support is
required for the success of the project.
(6) Information regarding the source and amount of matching
funding available to the applicant.
(7) 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.--
(1) In general.--The Secretary shall review each final
project proposal to determine if it meets the criteria set
forth in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
6 months after receiving a final project proposal, and subject
to the availability of funds, the Secretary shall--
(A) request written comments on the proposal from
each State or territory of the United States or other
government jurisdiction, including the relevant
regional fishery management councils established under
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), within which
the project is to be conducted;
(B) provide for the merit-based peer review of the
proposal and require standardized documentation of that
peer review;
(C) after reviewing any written comments and
recommendations based on merit review, approve or
disapprove the proposal; and
(D) provide written notification of that approval
or disapproval to the person who submitted the
proposal, and each of those States, territories, and
other government jurisdictions.
(d) Criteria for Approval.--The Secretary may approve a final
project proposal under this section if the project will enhance
programs for conservation of coral reefs by assisting efforts to--
(1) implement conservation programs;
(2) address the conflicts arising from the use of
environments near coral reefs or from the use of corals,
species associated with coral reefs, and coral products;
(3) enhance compliance with laws that prohibit or regulate
the taking of corals, species associated with coral reefs, and
coral products or regulate the use and management of coral reef
ecosystems;
(4) develop sound scientific information on the condition
of coral reef ecosystems or the threats to such ecosystems; or
(5) promote cooperative projects on coral reef conservation
that involve foreign governments, affected local communities,
nongovernmental organizations, or others in the private sector.
(e) Project Sustainability.--In determining whether to approve
project proposals under this section, the Secretary shall give priority
to projects which promote sustainable development and ensure effective,
long-term conservation of coral reefs.
(f) Project Reporting.--Each grantee under this section shall
provide periodic reports, as the Secretary considers necessary, to the
Secretary. Each report shall include all information required by the
Secretary for evaluating the progress and success of the project.
(g) Matching Funds.--The Secretary may not approve a project
proposal under this section unless the Secretary determines that there
are non-Federal matching funds available to pay at least 50 percent of
the total cost of the project.
SEC. 5. CORAL REEF CONSERVATION FUND.
(a) Establishment.--There is established in the general fund of the
Treasury a separate account, to be known as the ``Coral Reef
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
monetary 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 4.
(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 Monetary Donations.--The Secretary may
accept and use monetary donations to provide assistance under section
4. 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. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund $1,000,000 for
each of fiscal years 1998, 1999, 2000, 2001, and 2002 to carry out this
Act, which may remain available until expended.
Passed the House of Representatives November 13, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Coral Reef Conservation Act of 1997 - Directs the Secretary of Commerce to use amounts in the Coral Reef Conservation Fund (established by this Act) to provide grants for the conservation of coral reefs. Allows any relevant natural resource management authority of a State or U.S. territory or other governmental jurisdiction with coral reefs whose activities affect coral reefs, or any nongovernmental organization or individual with demonstrated expertise in the conservation of coral reefs, to submit a proposal. Requires grant priority for projects promoting sustainable development and ensuring long-term coral reef conservation. Requires matching funds of at least 50 percent of the total project cost. Establishes the Coral Reef Conservation Fund, consisting of monetary donations and amounts appropriated to the Fund. Authorizes appropriations. | {"src": "billsum_train", "title": "Coral Reef Conservation Act of 1997"} | 1,843 | 169 | 0.514419 | 1.239895 | 0.835045 | 3.681159 | 12.362319 | 0.898551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean Habitat Protection Act of
2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The fish and other marine species that are associated
with three-dimensional structurally complex seafloor habitats
within the exclusive economic zone of the United States--
(A) constitute valuable and renewable natural
resources;
(B) are an essential component of marine
biodiversity;
(C) contribute to the food supply, economy, and
health of the United States;
(D) support the economies of coastal communities;
and
(E) provide recreational opportunities.
(2) Commercial and recreational fishing constitute major
sources of employment and contribute significantly to the
economy of the United States.
(3) The United States is dependent upon healthy and diverse
ocean ecosystems for income, nutrition, medicines, raw
materials, and valuable natural processes.
(4) Diverse types of sponges, deep sea corals, and other
species are found in marine habitats, many of which have not
been adequately studied for their potential benefit to society
or their ecological importance to fish species and other forms
of marine life.
(5) Habitat complexity and marine biodiversity created by
geologic structures and structure-forming organisms on the
seabed are essential to numerous fish species, including
commercially and recreationally harvested species, that rely on
them for food and shelter from predation.
(6) Bottom trawling reduces habitat complexity and
biological diversity by smoothing geologic bedforms and by
removing, crushing, burying, and exposing benthic organisms to
predators and scavengers.
(7) The reduction of biodiversity caused by bottom trawling
is detrimental to many commercially and recreationally
important species and to the industries and people that depend
on them.
(8) In the past, the practice of bottom trawling was
conducted mainly on soft bottom areas, and was rarely used in
three-dimensional, structurally complex habitats.
(9) Technological modifications to bottom trawls, including
the creation of large rockhopper and roller gear and chafing
gear, facilitate the use of bottom trawls in rocky and other
complex marine habitats that were once refuges for fishes and
other marine life.
(10) The expansion in the use of bottom trawls from soft
bottom areas to three-dimensional, structurally complex
habitats over the past 20 years has had and continues to have
significant, adverse effects on the diversity and habitat
complexity of these areas.
(11) Numerous scientific studies show that bottom trawling
is especially damaging to three-dimensional, structurally
complex habitats such as corals, boulder fields, sponge beds,
and gravel bottoms.
(12) Bottom trawling in these habitats significantly
reduces their value for economically and ecologically important
fishes and other marine life. Reductions in structural
complexity may be long-term and irreversible. Recovery of some
of these areas to their natural state after a single pass of a
trawl may take decades or centuries. With repeated trawling in
the same area, the damage may be irreversible.
(13) Prohibiting the use of large rockhopper, roller, and
other ground gear is a practical, precautionary, and
enforceable measure to protect structurally complex, benthic
marine habitats from the damaging effects of bottom trawling.
SEC. 3. PROHIBITION ON USE OF LARGE ROCKHOPPER AND ROLLER GEAR ON
BOTTOM TRAWL NETS.
(a) Purpose.--The purpose of this section is to prevent bottom
trawls from accessing and damaging three-dimensional, structurally
complex marine habitats that are needed by commercially and
recreationally important fish and other marine life for food and
shelter from predation.
(b) Prohibition.--Section 307(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (O);
(2) by striking the period at the end of subparagraph (P)
and inserting ``; or''; and
(3) by inserting after subparagraph (P) the following:
``(Q) to use a bottom trawl with rollers, bobbins,
tires, rockhoppers, or any other devices attached to
the foot rope of the trawl net that are in excess of 8
inches in diameter for fishing that is subject to the
jurisdiction of the United States, including fishing by
a vessel of the United States beyond the equivalent of
the exclusive economic zone of all countries.''.
(c) Rebuttable Presumption.--Section 310(e) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1860(e)) is
amended--
(1) by aligning paragraph (3) with paragraph (2); and
(2) by adding at the end the following:
``(4) For purposes of this Act, it shall be a rebuttable
presumption that any vessel that is shoreward of the outer boundary of
the exclusive economic zone or beyond the equivalent zone of all
countries, and that has on board gear comprised of a bottom trawl net
with rollers, bobbins, tires, rockhoppers, or any other device attached
to the foot rope of the trawl net that is in excess of 8 inches in
diameter, is engaged in fishing using such gear.''. | Ocean Habitat Protection Act of 2002 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to place size limits on ground gear used on bottom trawls. Treats as unlawful the use of rollers, bobbins, tires, rockhoppers, or any other devices attached to a trawl's foot rope that are more than eight inches in diameter for fishing subject to the jurisdiction of the United States. | {"src": "billsum_train", "title": "A bill to protect diverse and structurally complex areas of the seabed in the United States exclusive economic zone by establishing a maximum diameter size limit on rockhopper, roller, and all other ground gear used on bottom trawls."} | 1,206 | 99 | 0.457851 | 1.279859 | 0.2969 | 3.986301 | 14.643836 | 0.863014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Book on Equal Access to Justice
Act''.
SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.
(a) Agency Proceedings.--Section 504 of title 5, United States
Code, is amended--
(1) in subsection (c)(1), by striking ``, United States
Code'';
(2) by redesignating subsection (f) as subsection (i); and
(3) by striking subsection (e) and inserting the following:
``(e)(1) Not later than March 31 of the first calendar year
beginning after the date of enactment of the Open Book on Equal Access
to Justice Act, and every year thereafter, the Chairman of the
Administrative Conference of the United States, after consultation with
the Chief Counsel for Advocacy of the Small Business Administration,
shall submit to Congress and make publicly available on an Internet Web
site a report on the amount of fees and other expenses awarded during
the preceding fiscal year under this section.
``(2) Each report under paragraph (1) shall describe the number,
nature, and amount of the awards, the claims involved in the
controversy, and any other relevant information that may aid Congress
in evaluating the scope and impact of such awards.
``(3)(A) Each report under paragraph (1) shall account for all
payments of fees and other expenses awarded under this section that are
made pursuant to a settlement agreement, regardless of whether the
settlement agreement is sealed or otherwise subject to nondisclosure
provisions.
``(B) The disclosure of fees and other expenses required under
subparagraph (A) shall not affect any other information that is subject
to a nondisclosure provision in a settlement agreement.
``(f) As soon as practicable, and in any event not later than the
date on which the first report under subsection (e)(1) is required to
be submitted, the Chairman of the Administrative Conference of the
United States shall create and maintain a searchable database on an
Internet Web site containing the following information with respect to
each award of fees and other expenses under this section made on or
after the date of enactment of the Open Book on Equal Access to Justice
Act:
``(1) The case name and number of the adversary
adjudication, if available, hyperlinked to the case (if
available) in any case in which the party other than the agency
is not an individual.
``(2) The name of the agency involved in the adversary
adjudication.
``(3) A description of the claims in the adversary
adjudication.
``(4) For an award made to an individual, a statement
indicating that the award was made to an individual that shall
not include any personally identifiable information.
``(5) For an award made to a party other than an
individual, the name of the party.
``(6) The amount of the award.
``(7) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(g) The searchable database described in subsection (f) may not
reveal any information the disclosure of which is prohibited by law or
a court order.
``(h) The head of each agency shall provide to the Chairman of the
Administrative Conference of the United States in a timely manner all
information requested by the Chairman to comply with the requirements
of subsections (e), (f), and (g).''.
(b) Court Cases.--Section 2412(d) of title 28, United States Code,
is amended by adding at the end the following:
``(5)(A) Not later than March 31 of the first calendar year
beginning after the date of enactment of the Open Book on Equal
Access to Justice Act, and every year thereafter, the Chairman
of the Administrative Conference of the United States, after
consultation with the Chief Counsel for Advocacy of the Small
Business Administration, shall submit to Congress and make
publicly available on an Internet Web site a report on the
amount of fees and other expenses awarded during the preceding
fiscal year pursuant to this subsection.
``(B) Each report under subparagraph (A) shall describe the
number, nature, and amount of the awards, the claims involved
in the controversy, and any other relevant information that may
aid Congress in evaluating the scope and impact of such awards.
``(C)(i) Each report under subparagraph (A) shall account
for all payments of fees and other expenses awarded under this
subsection that are made pursuant to a settlement agreement,
regardless of whether the settlement agreement is sealed or
otherwise subject to nondisclosure provisions.
``(ii) The disclosure of fees and other expenses required
under clause (i) shall not affect any other information that is
subject to a nondisclosure provisions in a settlement
agreement.
``(D) As soon as practicable, and in any event not later
than the date on which the first report under subsection (e)(1)
is required to be submitted, the Chairman of the Administrative
Conference of the United States shall include and clearly
identify in each annual report under subparagraph (A), for each
case in which an award of fees and other expenses is included
in the report--
``(i) any amounts paid under section 1304 of title
31 for a judgment in the case;
``(ii) the amount of the award of fees and other
expenses; and
``(iii) the statute under which the plaintiff filed
suit.
``(6) The Chairman of the Administrative Conference of the
United States shall create and maintain a searchable database
on an Internet Web site containing the following information
with respect to each award of fees and other expenses under
this subsection:
``(A) The case name and number, hyperlinked to the
case (if available) in any case in which the party
other than the agency is not an individual.
``(B) The name of the agency involved in the case.
``(C) For an award made to an individual, a
statement indicating that the award was made to an
individual that shall not include any personally
identifiable information.
``(D) For an award made to a party other than an
individual, the name of the party.
``(E) The amount of the award.
``(F) The basis for the finding that the position
of the agency concerned was not substantially
justified.
``(7) The searchable database described in paragraph (6)
may not reveal any information the disclosure of which is
prohibited by law or a court order.
``(8) The head of each agency, including the Attorney General and
the Director of the Administrative Office of the United States Courts,
shall provide to the Chairman of the Administrative Conference of the
United States in a timely manner all information requested by the
Chairman to comply with the requirements of paragraphs (5), (6), and
(7).''.
(c) Technical Amendments.--Section 2412 of title 28, United States
Code, is amended--
(1) in subsection (d)(3), by striking ``United States
Code,''; and
(2) in subsection (e)--
(A) by striking ``of section 2412 of title 28,
United States Code,'' and inserting ``of this
section''; and
(B) by striking ``of such title''. | Open Book on Equal Access to Justice Act - Amends the Equal Access to Justice Act and the federal judicial code to require the Chairman of the Administrative Conference of the United States to submit to Congress and make publicly available on an Internet website an annual report on the amount of fees and other expenses awarded to prevailing parties other than the United States in certain administrative proceedings and civil action court cases (excluding tort cases) to which the United States is a party, including settlement agreements. Requires such reports to describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. Directs the Chairman to create and maintain a searchable database on an Internet website containing specified information with respect to each award, including: if available, the case name and number of, as well as a hyperlink to, any case in which the party other than the agency is not an individual; the name of the agency involved; for an award to an individual, a statement that excludes any personally identifiable information but indicates that the award was made to an individual; for an award made to a party other than an individual, the name of the party; the amount of the award; and the basis for finding that the position of the agency concerned was not substantially justified. Directs the head of each agency (including, with respect to court cases, the Attorney General [DOJ] and the Director of the Administrative Office of the United States Courts) to provide the Chairman all information requested to produce such reports. | {"src": "billsum_train", "title": "Open Book on Equal Access to Justice Act"} | 1,554 | 334 | 0.668113 | 2.278969 | 0.823099 | 5.287975 | 4.96519 | 0.876582 |
approved April 12, 1892 (20
U.S.C. 91) is amended by striking out ``Patent Office'' and
inserting in lieu thereof ``United States Patent and Trademark
Corporation''.
(15) Section 505(m) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(m)) is amended by striking out ``Patent and
Trademark Office of the Department of Commerce'' and inserting
in lieu thereof ``United States Patent and Trademark
Corporation''.
(16) Section 512(o) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360b(o)) is amended by striking out ``Patent and
Trademark Office of the Department of Commerce'' and inserting
in lieu thereof ``United States Patent and Trademark
Corporation''.
(17) Section 702(d) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 372(d)) is amended by striking out
``Commissioner of Patents'' and inserting in lieu thereof
``Commissioner of Patents and Trademarks''.
(18) Section 501(b)(1) of the Jobs Through Trade Expansion
Act of 1994 (22 U.S.C. 2151t-1(b)(1)) is amended by striking
out ``Patent and Trademark Office'' and inserting in lieu
thereof ``United States Patent and Trademark Corporation''.
(19) Section 2 of the Act of August 27, 1935 (25 U.S.C.
305a) is amended by striking out ``Patent and Trademark
Office'' and inserting in lieu thereof ``United States Patent
and Trademark Corporation''.
(20) Section 105(e) of the Federal Alcohol Administration
Act (27 U.S.C. 205(e)) is amended by striking out ``Patent
Office'' and inserting in lieu thereof ``United States Patent
and Trademark Corporation''.
(21) Section 1295(a)(4) of title 28, United States Code, is
amended by striking out ``Patent and Trademark Office'' and
inserting in lieu thereof ``United States Patent and Trademark
Corporation''.
(22) Section 1744 of title 28, United States Code, is
amended--
(A) in the section heading by striking out ``Patent
Office'' and inserting in lieu thereof ``United States
Patent and Trademark Office'';
(B) by striking out ``Patent Office'' each place
such term appears and inserting in lieu thereof
``United States Patent and Trademark Corporation''; and
(C) by striking out ``Commissioner of Patents'' and
inserting in lieu thereof ``Commissioner of Patents and
Trademarks''.
(23) Section 1745 of title 28, United States Code, is
amended by striking out ``United States Patent Office'' and
inserting in lieu thereof ``United States Patent and Trademark
Corporation''.
(24) Section 1928 of title 28, United States Code, is
amended by striking out ``Patent Office'' and inserting in lieu
thereof ``United States Patent and Trademark Corporation''.
(25) Section 9101(3) of title 31, United States Code, is
amended by adding at the end thereof:
``(O) the United States Patent and Trademark
Corporation.''.
(26) The provisions of title 35, United States Code, are
amended by striking out ``Patent and Trademark Office'' and
``United States Patent and Trademark Office'' each place such
terms appear and inserting in each such place ``United States
Patent and Trademark Corporation''.
(27) The table of sections for chapter 1 of part I of title
35, United States Code, is amended to read as follows:
``CHAPTER 1--ESTABLISHMENT, OFFICERS, FUNCTIONS
``Sec.
``1. Establishment.
``2. Powers and duties.
``3. Officers and employees.
``4. Restrictions on officers and employees as to interest in patents.
``5. Advisory Board.
``6. Suits by and against the Corporation.
``7. Board of Patent Appeals and Interferences.
``8. Library.
``9. Classification of patents.
``10. Certified copies of records.
``11. Publications.
``12. Exchange of copies of patents with foreign countries.
``13. Copies of patents for public libraries.
``14. Annual report to Congress.
``15. Use of Corporation name.
``16. Definitions.''.
(28) Section 302 of title 35, United States Code, is
amended in the second sentence by inserting ``established''
before ``pursuant''.
(29) Sections 371(c)(1) and 376(a) of title 35, United
States Code, are amended by striking out ``provided'' and
inserting in lieu thereof ``established under''.
(30) Section 602 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 474) is amended by inserting
after paragraph (21) the following new paragraph:
``(22) the United States Patent and Trademark
Corporation,''.
(31) Section 151 (c) and (d) of the Atomic Energy Act of
1954 (42 U.S.C. 2181 (c) and (d)) are each amended by striking
out ``Commissioner of Patents'' and inserting in lieu thereof
``Commissioner of Patents and Trademarks''.
(32) Section 160 of the Atomic Energy Act of 1954 (42
U.S.C. 2190) is amended by striking out ``Patent Office'' and
inserting in lieu thereof ``United States Patent and Trademark
Corporation''.
(33) Section 305(c) of the National Aeronautics and Space
Act of 1958 (42 U.S.C. 2457(c)) is amended by striking out
``Commissioner of Patents'' and inserting in lieu thereof
``Commissioner of Patents and Trademarks''.
(34) Section 12(a) of the Solar Energy Research,
Development, and Demonstration Act of 1974 (42 U.S.C. 5510(a))
is amended by striking out ``Commissioner of Patent Office''
and inserting in lieu thereof ``Commissioner of Patents and
Trademarks''.
(35) Section 1111 of title 44, United States Code, is
amended by striking out ``Commissioner of Patents'' and
inserting in lieu thereof ``Commissioner of Patents and
Trademarks''.
(36) Section 1123 of title 44, United States Code, is
amended by striking out ``the Patent Office,''.
(37) Section 1114 of title 44, United States Code, is
amended by striking out ``Commissioner of Patents,''.
(38)(A) Sections 1337 and 1338 of title 44, United States
Code, are repealed.
(B) The table of sections for chapter 13 of title 44,
United States Code, is amended by striking out the items
relating to sections 1337 and 1338.
(39) Section 10(i) of the Trading with the Enemy Act (50
U.S.C. App. 10) is amended by striking out ``Commissioner of
Patents'' and inserting in lieu thereof ``Commissioner of
Patents and Trademarks''.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. SEPARABILITY.
If any provision of this Act or the application thereof to any
person or circumstance is held invalid, the remainder of this Act, and
the application of such provision to other persons or circumstances
shall not be affected thereby.
SEC. 202. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of the enactment
of this Act.
S 1458 IS----2
S 1458 IS----3
S 1458 IS----4 | TABLE OF CONTENTS:
Title I: Patent and Trademark Corporation
Title II: Miscellaneous Provisions
Patent and Trademark Office Reform Act of 1995 -
Title I: Patent and Trademark Corporation
- Replaces specified provisions governing the Patent and Trademark Office with provisions establishing the Patent and Trademark Corporation as a wholly owned Government corporation within the Department of Commerce. Requires the Corporation to maintain an office in the District of Columbia metropolitan area. Provides appropriate Corporation powers and duties with respect to the granting and issuing of patents and the registration of trademarks, as well as related activities.
Vests Corporation management in the Commissioner of Patents and Trademarks, appointed by the President, with specified duties and responsibilities. Directs the Commissioner to appoint a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts: (1) the Corporation from any administratively or statutorily imposed limitations on positions or personnel; and (2) Corporation personnel from various Federal employment authorities and requirements, including provisions governing employee classification, performance appraisals, and pay rates. Includes such employees under Federal provisions relating to retirement and health and life insurance. Requires all officers and employees of the Patent and Trademark Office to become officers and employees of the Corporation on the effective date of this Act. Provides other employee and Office transition provisions. Prohibits Corporation officers and employees, during their appointments and for one year thereafter, from applying for or acquiring any patent issued by the Corporation.
Establishes an Advisory Board of the Corporation to review and report annually to the President and specified congressional committees on the Corporation's policies, goals, performance, budget, and user fees and to advise the Commissioner.
Sets forth provisions regarding: (1) suits by and against the Corporation; (2) revised membership and duties of the Board of Patent Appeals and Interferences; (3) a required annual Corporation management report; (4) the prohibited use of the Corporation's name; (5) receipts, expenditures, and borrowing authority of the Corporation; (6) annual audit requirements; (7) the transfer to the Corporation of Department of Commerce functions, powers, duties, and assets; (8) transition requirements; and (9) technical and conforming amendments.
(Sec. 109) Prohibits full-time equivalent Corporation positions from being eliminated in order to meet the requirements of the Federal Workforce Restructuring Act of 1994.
Title II: Miscellaneous Provisions
- Provides for the separability of provisions of this Act. Makes this Act effective 180 days after its enactment. | {"src": "billsum_train", "title": "Patent and Trademark Office Reform Act of 1995"} | 1,812 | 558 | 0.439293 | 1.295327 | 0.530443 | 1.328 | 3.1 | 0.688 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Screening Confidential Data
Privacy Act''.
SEC. 2. CRIMINAL PENALTY FOR UNAUTHORIZED RECORDING OR DISTRIBUTION OF
SECURITY SCREENING IMAGES.
(a) In General.--Part I of title 18, United States Code, is amended
by adding at the end the following:
``CHAPTER 124--UNAUTHORIZED RECORDING AND DISTRIBUTION OF SECURITY
SCREENING IMAGES
``Sec.
``2731. Criminal penalty for unauthorized recording and distribution of
security screening images.
``Sec. 2731. Criminal penalty for unauthorized recording and
distribution of security screening images
``(a) In General.--Except as specifically provided in subsection
(b), it shall be unlawful for an individual--
``(1) to photograph or otherwise record an image produced
using advanced imaging technology during the screening of an
individual at an airport or upon entry into any building owned
or operated by the Federal Government without express
authorization pursuant to a Federal law or regulation; or
``(2) to distribute any such image to any individual who is
not authorized pursuant to a Federal law or regulation to
receive the image.
``(b) Exceptions.--
``(1) Recordings to be used in criminal prosecution.--The
prohibition under subsection (a) shall not apply to an
individual who, during the course and within the scope of the
individual's employment, records or distributes an image
described in subsection (a) solely to be used in a criminal
investigation or prosecution.
``(2) Liability of journalists.--The prohibition under
subsection (a) shall not apply to a journalist that publishes
an image described in that subsection if the journalist has a
good faith belief that the image was not recorded or
distributed in violation of that prohibition.
``(c) Penalty.--An individual who violates the prohibition in
subsection (a) shall be fined under this title, imprisoned for not more
than 1 year, or both.
``(d) Definitions.--In this section:
``(1) Advanced imaging technology.--The term `advanced
imaging technology'--
``(A) means a device that creates a visual image of
an individual showing the surface of the skin and
revealing other objects on the body; and
``(B) may include devices using backscatter x-rays
or millimeter waves and devices referred to as `whole-
body imaging technology' or `body scanning'.
``(2) Journalist.--The term `journalist'--
``(A) means a person who--
``(i) with the primary intent to
investigate events and procure material in
order to disseminate to the public news or
information concerning local, national, or
international events or other matters of public
interest, regularly gathers, prepares,
collects, photographs, records, writes, edits,
reports, or publishes on such matters by--
``(I) conducting interviews;
``(II) making direct observation of
events; or
``(III) collecting, reviewing, or
analyzing original writings,
statements, communications, reports,
memoranda, records, transcripts,
documents, photographs, recordings,
tapes, materials, data, or other
information whether in paper,
electronic, or other form;
``(ii) has such intent at the inception of
the process of gathering the news or
information sought; and
``(iii) obtains the news or information
sought in order to disseminate the news or
information by means of print (including
newspapers, books, wire services, news
agencies, or magazines), broadcasting
(including dissemination through networks,
cable, satellite carriers, broadcast stations,
or a channel or programming service for any
such media), mechanical, photographic,
electronic, or other means;
``(B) includes a supervisor, employer, parent
company, subsidiary, or affiliate of a person described
in subparagraph (A); and
``(C) does not include any person who is--
``(i) a foreign power or an agent of a
foreign power, as those terms are defined in
section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801);
``(ii) a member or affiliate of a foreign
terrorist organization designated under section
219(a) of the Immigration and Nationality Act
(8 U.S.C. 1189(a));
``(iii) any person whose property and
interests in property are blocked pursuant to
Executive Order 13224 (66 Fed. Reg. 49079;
relating to blocking property and prohibiting
transacting with persons who commit, threaten
to commit, or support terrorism), Executive
Order 12947 (60 Fed. Reg. 5079; prohibiting
transactions with terrorists who threaten to
disrupt the Middle East peace process), or any
other executive order relating to terrorism;
``(iv) committing or attempting to commit
the crime of terrorism, as that offense is
defined in section 2331(5) or 2332b(g)(5) of
title 18, United States Code;
``(v) committing or attempting to commit
the crime of providing material support or
resources, as that term is defined in section
2339A(b)(1) of title 18, United States Code, to
a terrorist organization; or
``(vi) aiding, abetting, or conspiring in
illegal activity with a person described in
clause (i), (ii), (iii), (iv), or (v).''.
(b) Technical and Conforming Amendment.--The table of chapters for
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 123 the following:
``124. Unauthorized recording and distribution of security 2731''.
screening images. | Security Screening Confidential Data Privacy Act - Amends the federal criminal code to impose a fine and/or prison term of up to one year on any individual who: (1) photographs or otherwise records an image produced using advanced imaging technology during the screening of an individual at an airport or upon entry into any building owned or operated by the federal government without express authorization pursuant to a federal law or regulation; or (2) distributes such image to any individual who is not authorized pursuant to a federal law or regulation to receive it.
Exempts: (1) individuals who record or distribute an image soley to be used in a criminal investigation or prosecution; and (2) journalists who publish an image in good faith that the image was not recorded or distributed in violation of such prohibition. | {"src": "billsum_train", "title": "A bill to impose a criminal penalty for unauthorized recording or distribution of images produced using advanced imaging technology during screenings of individuals at airports and upon entry to Federal buildings, and for other purposes."} | 1,337 | 163 | 0.664037 | 1.87223 | 0.82234 | 4.784314 | 7.784314 | 0.901961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infrastructure Jobs Act of 1993''.
SEC. 2. DIRECT GRANTS.
(a) Construction.--The Secretary is authorized to make grants to
any State or local government for the construction (including
demolition and other site preparation activities), renovation, repair,
or other improvement of local public works projects, including those
public works projects of State and local governments for which Federal
financial assistance is authorized under provisions of law other than
this Act.
(b) Completion of Planning.--In addition, the Secretary is
authorized to make grants to any State or local government for the
completion of plans, specifications, and estimates for local public
works projects where either architectural design or preliminary
engineering or related planning has already been undertaken and where
additional architectural and engineering work or related planning is
required to permit construction of the project under this Act.
(c) Federal Share.--The Federal share of any project for which a
grant is made under this section shall be 100 percent of the cost of
the project.
SEC. 3. GRANTS SUPPLEMENTING OTHER FEDERAL GRANT PROGRAMS.
(a) In General.--In addition to the grants otherwise authorized by
this Act, the Secretary is authorized to make a grant for the purpose
of increasing the Federal contribution to a public works project for
which Federal financial assistance is authorized under provisions of
law other than this Act.
(b) Federal Share.--Any grant made for a public works project under
this section shall be in such amount as may be necessary to make the
Federal share of the cost of such project 100 percent.
(c) Limitations.--No grant shall be made for a project under this
section unless the Federal financial assistance for such project
authorized under provisions of law other than this Act is immediately
available for such project and construction of such project has not yet
been initiated because of lack of funding for the non-Federal share.
SEC. 4. GRANTS SUPPLEMENTING STATE AND LOCAL GRANT PROGRAMS.
(a) In General.--In addition to the grants otherwise authorized by
this Act, the Secretary is authorized to make a grant for the purpose
of providing all or any portion of the required State or local share of
the cost of any public works project for which financial assistance is
authorized under any provision of State or local law requiring such
contribution.
(b) Amount of Grants.--Any grant made for a public works project
under this section shall be made in such amount as may be necessary to
provide the requested State or local share of the cost of such project.
SEC. 5. GENERAL LIMITATIONS.
(a) Acquisition of Land.--No part of any grant made under section
2, 3, or 4 of this Act shall be used for the acquisition of any
interest in real property.
(b) Maintenance Costs.--Nothing in this Act shall be construed to
authorize the payment of maintenance costs in connection with any
projects constructed (in whole or in part) with Federal financial
assistance under this Act.
(c) On-Site Labor.--Grants made by the Secretary under this Act
shall be made only for projects for which the applicant gives
satisfactory assurances, in such manner and form as may be required by
the Secretary and in accordance with such terms and conditions as the
Secretary may prescribe, that, if funds are available, on-site labor
can begin within 180 days of project approval.
(d) Contracting.--
(1) Contracting out required.--No part of the construction
(including demolition and other site preparation activities),
renovation, repair, or other improvement of any public works
project for which a grant is made under this Act shall be
performed directly by any department, agency, or
instrumentality of any State or local government.
(2) Competitive bidding.--Construction of each project for
which a grant is made under this Act shall be performed by
contract awarded by competitive bidding, unless the Secretary
shall affirmatively find that, under the circumstances relating
to such project, some other method is in the public interest.
(3) Lowest responsive bid.--Contracts for the construction
of each project for which a grant is made under this Act shall
be awarded only on the basis of the lowest responsive bid
submitted by a bidder meeting established criteria of
responsibility.
(4) Advertising.--No requirement or obligation shall be
imposed as a condition precedent to the award of a contract to
a bidder for a project for which a grant is made under this
Act, or to the Secretary's concurrence in the award of a
contract to such bidder, unless such requirement or obligation
is otherwise lawful and is specifically set forth in the
advertised specifications.
(e) Buy American.--If a local public works project carried out with
Federal financial assistance under this Act would be eligible for
Federal financial assistance under provisions of law other than this
Act and, under such other provisions of law, would be subject to title
III of the Act of March 3, 1933, popularly known as the Buy American
Act, or similar requirements, such project shall be subject to such
title of such Act of March 3, 1933, or such similar requirements under
this Act in the same manner and to the same extent as such project
would be subject to such title of such Act of March 3, 1933, or such
similar requirements under such other provisions of law.
(f) Minority Participation.--If a local public works project
carried out with Federal financial assistance under this Act would be
eligible for Federal financial assistance under provisions of law other
than this Act and, under such other provisions of law, would be subject
to any minority participation requirement, such project shall be
subject to such requirement under this Act in the same manner and to
the same extent as such project would be subject to such requirement
under such other provisions of law.
(g) Applicability of Laws Regarding Individuals With
Disabilities.--Sections 504 and 505 of the Rehabilitation Act of 1973
and the Americans With Disabilities Act of 1990 shall apply to local
public works projects carried out under this Act.
SEC. 6. RULES, REGULATIONS, AND PROCEDURES.
(a) In General.--The Secretary shall, not later than 30 days after
date of enactment of this Act, prescribe those rules, regulations, and
procedures (including application forms) necessary to carry out this
Act. Such rules, regulations, and procedures shall assure that adequate
consideration is given to the relative needs of various sections of the
country. The Secretary shall consider among other factors (1) the
severity and duration of unemployment in proposed project areas, (2)
the income levels and extent of underemployment in proposed project
area, and (3) the extent to which proposed projects will contribute to
the reduction of unemployment.
(b) Consideration of Applications.--The Secretary shall make a
final determination with respect to each completed application for a
grant submitted under this Act not later than the 60th day after the
date the Secretary receives such completed application. Failure to make
such final determination within such period shall be deemed to be an
approval by the Secretary of the grant requested.
(c) Consideration of Construction Industry Unemployment.--For
purposes of this section, in considering the extent of unemployment or
underemployment, the Secretary shall consider the amount of
unemployment or underemployment in the construction and construction-
related industries.
SEC. 7. ALLOCATION OF FUNDS; PREFERENCES.
(a) Allocation of Funds.--The Secretary shall allocate funds
appropriated under section 9 of this Act as follows:
(1) Indian tribes.--2\1/2\ percent of such funds shall be
set aside and shall be expended only for grants for public
works projects under this Act to Indian tribes and Alaska
Native villages. None of the remainder of such funds shall be
expended for such grants to such tribes and villages.
(2) Others.--After the set-aside required by paragraph (1)
of this subsection, 65 percent of such funds shall be allocated
among the States on the basis of the ratio that the number of
unemployed persons in each State bears to the total number of
unemployed persons in all the States and 35 percent of such
funds shall be allocated among those States with an average
unemployment rate for the preceding 6-month period in excess of
6.0 percent on the basis of the relative severity of
unemployment in each such State, except that no State shall be
allocated less than three-quarters of one percent or more than
12\1/2\ percent of such funds for local public works projects
within such State, except that in the case of Guam, the Virgin
Islands, American Samoa, the Commonwealth of the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands, not less than \1/2\ of 1 percent in the aggregate
shall be granted for such projects in all 5 of such
territories.
(b) Preferences.--
(1) Local government projects.--In making grants under this
Act, the Secretary shall give priority and preference to public
works projects of local governments.
(2) Locally endorsed projects.--In making grants under this
Act, the Secretary shall also give priority and preference to
any public works project requested by a State or by a special
purpose unit of local government which is endorsed by a general
purpose local government within such State.
(c) High Unemployment Rates.--
(1) Priority.--In making grants under this Act, if for the
12 most recent consecutive months, the average national
unemployment rate is equal to or exceeds 6.0 percent, the
Secretary shall (A) expedite and give priority to applications
submitted by States or local governments having unemployment
rates for the 12 most recent consecutive months in excess of
the national unemployment rate, and (B) shall give priority
thereafter to applications submitted by States or local
governments having average unemployment rates for the 12 most
recent consecutive months in excess of 6.0 percent, but less
than the national unemployment rate.
(2) Information regarding unemployment rates.--Information
regarding unemployment rates may be furnished either by the
Federal Government, or by States or local governments, provided
the Secretary (A) determines that the unemployment rates
furnished by States or local governments are accurate, and (B)
shall provide assistance to States or local governments in the
calculation of such rates to ensure validity and
standardization.
(3) Limitation on applicability.--Paragraph (1) of this
subsection shall not apply to any State which receives a
minimum allocation pursuant to paragraph (2) of subsection (a)
of this section.
(d) State and Local Prioritization of Applications.--Whenever a
State or local government submits applications for grants under this
Act for 2 or more projects, such State or local government shall submit
as part of such applications its priority for each such project.
(e) Localization of Unemployment Determinations.--The unemployment
rate of a local government shall, for the purposes of this Act, and
upon request of the applicant, be based upon the unemployment rate of
any community or neighborhood (defined without regard to political or
other subdivisions or boundaries) within the jurisdiction of such local
government.
SEC. 8. PREVAILING RATE OF WAGES.
If a local public works project carried out with Federal financial
assistance under this Act would be eligible for Federal financial
assistance under provisions of law other than this Act and, under such
other provisions of law, would be subject to the Act of March 3, 1931,
known as the Davis-Bacon Act (40 U.S.C. 276a-276a-5), or similar
requirements, such project shall be subject to such Act of March 3,
1931, or such similar requirements under this Act in the same manner
and to the same extent as such project would be subject to such Act of
March 3, 1931, or such similar requirements under such other provisions
of law.
SEC. 9. FUNDING.
There is authorized to be appropriated to carry out this Act not to
exceed $10,000,000,000.
SEC. 10. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Economic Development
Administration.
(2) Local government.--The term ``local government'' means
any city, county, town, parish, or other political subdivision
of a State, and any Indian tribe.
(3) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Trust Territory of the
Pacific Islands. | Infrastructure Jobs Act of 1993 - Authorizes the Secretary of Commerce, acting through the Economic Development Administration, to make grants to State and local governments for infrastructure projects in distressed areas. Provides for direct grants for construction and improvement and for completion of planning. Provides for supplemental grants for other Federal grant programs and for State and local programs.
Sets forth general grant requirements and requires the Secretary to prescribe appropriate rules, regulations, and procedures.
Sets forth formulas for allocation of funds. Sets aside two and one-half percent for Indian tribes and Alaska Native villages.
Provides public works project priorities, with the highest priority for projects of local governments. Provides an additional priority for areas of high unemployment (six percent or more).
Authorizes appropriations. | {"src": "billsum_train", "title": "Infrastructure Jobs Act of 1993"} | 2,670 | 160 | 0.524726 | 1.29379 | 0.844294 | 2.42953 | 17.033557 | 0.845638 |
TITLE I--DEFENSE
SEC. 101. RECOVERY OF FULL COST OF MILITARY EXPORTS.
(a) Recoupment of Certain Nonrecurring Costs in Commercial Export
Sales of Major Defense Equipment.--
(1) In general.--Section 38 of the Arms Export Control Act
(22 U.S.C. 2778) is amended by adding at the end the following
new subsection:
``(i)(1) Any sale involving the export of major defense equipment
pursuant to a license or other approval granted under this section
shall include an appropriate charge for a proportionate amount of the
nonrecurring costs incurred by the United States in the research,
development, and production of such equipment. Such charge shall be
comparable to the charge imposed pursuant to section 21(e)(1)(B) of
this Act relating to government-to-government sales of major defense
equipment.
``(2) The charge provided for in paragraph (1) shall not apply with
respect to major defense equipment that is wholly paid for from funds
transferred under section 503(a)(3) of the Foreign Assistance Act of
1961 (22 U.S.C. 2311(a)(3)) or from funds made available on a grant or
other nonrepayable basis under section 23 of this Act.''.
(2) Effective date.--Section 38(i) of the Arms Export
Control Act, as added by paragraph (1), applies with respect to
major defense equipment sold pursuant to a contract entered
into on or after the date of the enactment of this Act.
(b) Recovery of Certain Administrative Expenses in Connection With
Foreign Military Sales.--Section 43(b) of the Arms Export Control Act
(22 U.S.C. 2792(b)) is amended--
(1) by adding ``and'' at the end of paragraph (1);
(2) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(3) by striking paragraph (3).
TITLE II--OTHER DISCRETIONARY ACCOUNTS
SEC. 201. TERMINATION OF SPACE STATION PROGRAM.
(a) Termination.--The Administrator of the National Aeronautics and
Space Administration shall terminate the participation of the United
States in the International Space Station program.
(b) Termination Costs.--There are authorized to be appropriated to
the Administrator of the National Aeronautics and Space Administration
$700,000,000 for fiscal year 2000 for costs associated with carrying
out subsection (a).
SEC. 202. ELIMINATION OF LOAN SUBSIDIES AVAILABLE UNDER THE RURAL
ELECTRIFICATION ACT OF 1936.
(a) In General.--Title I of the Rural Electrification Act of 1936
(7 U.S.C. 901-946) is amended by adding at the end the following:
``SEC. 19. INTEREST RATE ON LOANS AND ADVANCES UNDER THIS ACT.
``The rate of interest on any loan made under this Act on or after
the date of the enactment of this section, and the rate of interest on
any advance made under this Act on or after such date under loan
commitments made at any time, shall equal the coupon equivalent yield
on obligations of the Treasury of the United States of comparable
maturity, at the most recent auction of such obligations by the
Department of the Treasury.
``SEC. 20. LOAN ORIGINATION FEES.
``(a) In General.--The Secretary and the Governor of the telephone
bank shall charge and collect a loan origination fee, in an amount
determined by use of the schedule prescribed under subsection (b), from
each borrower to whom a loan is made under this Act on or after the
date of the enactment of this section.
``(b) Fee Schedule.--The Secretary shall prescribe a schedule of
loan origination fees to be collected under subsection (a), which shall
be calculated so as to result in the collection of amounts sufficent to
cover the cost of defaults on loans made under this Act on or after the
date of the enactment of this section.''.
(b) Conforming Amendments.--
(1) Section 305(a) of such Act (7 U.S.C. 935(a)) is amended
by striking ``and at the interest rates hereinafter provided''.
(2) Section 305(c)(1) of such Act (7 U.S.C. 935(c)(1)) is
amended by striking ``of 5 percent per year'' each place it
appears and inserting ``determined pursuant to section 19''.
(3) Section 305(c)(2)(A) of such Act (7 U.S.C.
935(c)(2)(A)) is amended--
(A) by striking ``the interest rate described in
subparagraph (B)'' and inserting ``an interest rate
determined pursuant to section 19''; and
(B) by striking ``(C)'' and inserting ``(B)'';
(4) Section 305(c)(2)(C)(i) of such Act (7 U.S.C.
935(c)(2)(C)(i)) is amended by striking ``subparagraph (B)''
and inserting ``section 19''.
(5) Section 305(c)(2) of such Act (7 U.S.C. 935(c)(2)) is
amended by striking subparagraph (B) and redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C),
respectively.
(6) Section 305(d)(1)(A) of such Act (7 U.S.C. 935(d)) is
amended by striking ``of 5 percent per year'' and inserting
``determined pursuant to section 19''.
(7) Section 305(d)(2) of such Act (7 U.S.C. 935(d)(2)) is
amended by striking ``equal to the then current cost of money
to the Government of the United States for loans of similar
maturity, but not more than 7 percent per year,'' and inserting
``determined pursuant to section 19''.
(8) Section 305(d)(3)(C) of such Act (7 U.S.C.
935(d)(3)(C)) is amended by striking ``408(b)(4)(C)'' and
inserting ``408(b)(3)(C)''.
(9) Section 306C(c)(1) of such Act (7 U.S.C. 936c(c)(1)) is
amended--
(A) by striking ``the interest rate described in
paragraph (2)'' and inserting ``an interest rate
determined pursuant to section 19''; and
(B) by striking ``(3)'' and inserting ``(2)''.
(10) Section 306C(c)(3)(A) of such Act (7 U.S.C.
936c(c)(3)(A)) is amended by striking ``paragraph (2)'' and
inserting ``section 19''.
(11) Section 306C(c)(4) of such Act (7 U.S.C. 936c(c)(4))
is amended by striking ``(3)'' and inserting ``(2)''.
(12) Section 306C(c) of such Act (7 U.S.C. 936c(c)) is
amended by striking paragraph (2) and redesignating paragraphs
(3) and (4) as paragraphs (2) and (3), respectively.
(13) Section 306C of such Act (7 U.S.C. 936c) is amended by
striking subsection (d).
(14) Section 310 of such Act (7 U.S.C. 940) is amended by
striking ``provided in section 305'' and inserting ``determined
pursuant to section 19''.
(15) Section 408(b)(2) of such Act (7 U.S.C. 948(b)(2)) is
amended by striking ``, however, to'' and inserting ``to
section 19 and''.
(16) Section 408(b) of such Act (7 U.S.C. 948(b)) is
amended by striking paragraph (3) and redesignating paragraphs
(4) through (8) as paragraphs (3) through (7), respectively.
(17) Section 408(e) of such Act (7 U.S.C. 948(e)) is
amended by striking the 1st and 2nd sentences.
SEC. 203. ELIMINATION OF BELOW-COST SALES OF TIMBER FROM NATIONAL
FOREST SYSTEM LANDS.
The National Forest Management Act of 1976 is amended by inserting
after section 14 (16 U.S.C. 472a) the following new section:
``SEC. 14A. ELIMINATION OF BELOW-COST TIMBER SALES FROM NATIONAL FOREST
SYSTEM LANDS.
``(a) Requirement That Sale Revenues Exceed Costs.--On and after
October 1, 2003, in appraising timber and setting a minimum bid for
trees, portions of trees, or forest products located on National Forest
System lands proposed for sale under section 14 or any other provision
of law, the Secretary of Agriculture shall ensure that the estimated
cash returns to the United States Treasury from each sale exceed the
estimated costs to be incurred by the Federal Government in the
preparation of the sale or as a result of the sale.
``(b) Costs To Be Considered.--For purposes of estimating under
this section the costs to be incurred by the Federal Government from
each timber sale, the Secretary shall assign to the sale the following
costs:
``(1) The actual appropriated expenses for sale preparation
and harvest administration incurred or to be incurred by the
Federal Government from the sale and the payments to counties
to be made as a result of the sale.
``(2) A portion of the annual timber resource planning
costs, silvicultural examination costs, other resource support
costs, road design and construction costs, road maintenance
costs, transportation planning costs, appropriated
reforestation costs, timber stand improvement costs, forest
genetics costs, general administrative costs (including
administrative costs of the national and regional offices of
the Forest Service), and facilities construction costs of the
Federal Government directly or indirectly related to the timber
harvest program conducted on National Forest System lands.
``(c) Method of Allocating Costs.--The Secretary shall allocate the
costs referred to in subsection (b)(2) to each unit of the National
Forest System, and each proposed timber sale in such unit, on the basis
of harvest volume.
``(d) Transitional Requirements.--To ensure the elimination of all
below-cost timber sales by the date specified in subsection (a), the
Secretary shall progressively reduce the number and size of below-cost
timber sales on National Forest System lands as follows:
``(1) In fiscal years 2000 and 2001, the quantity of timber
sold in below-cost timber sales on National Forest System lands
shall not exceed 75 percent of the quantity of timber sold in
below-cost timber sales in the preceding fiscal year.
``(2) In fiscal year 2002, the quantity of timber sold in
below-cost timber sales on National Forest System lands shall
not exceed 65 percent of the quantity of timber sold in below-
cost timber sales in fiscal year 1999.
``(3) In fiscal years 2003 and 2004, the quantity of timber
sold in below-cost timber sales on National Forest System lands
shall not exceed 50 percent of the quantity of timber sold in
below-cost timber sales in the fiscal year 2002.
``(e) Below-Cost Timber Sale.--For purposes of this section, the
term `below-cost timber sale' means a sale of timber in which the costs
to be incurred by the Federal Government exceed the cash returns to the
United States Treasury.''.
SEC. 204. ELIMINATION OF THE FOREIGN MARKET DEVELOPMENT COOPERATOR
PROGRAM.
Title VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5712 et
seq.) is repealed.
SEC. 205. ELIMINATION OF COCHRAN FELLOWSHIP PROGRAM.
Section 1543 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 3293) is repealed.
SEC. 206. ELIMINATION OF SUPPORT FOR PRODUCERS AND USERS OF COMMERCIAL
AIRLINERS.
The Administrator of the National Aeronautics and Space
Administration shall not obligate any funds for the Advanced Subsonic
Technology Program, High-Speed Research, or the National Aeronautics
Facility.
SEC. 207. ELIMINATION OF APPALACHIAN REGIONAL COMMISSION.
Effective September 30, 1999, the Appalachian Regional Development
Act of 1965 (Public Law 89-4) is repealed.
SEC. 208. ELIMINATION OF FEDERAL FUNDING FOR TVA.
Section 27 of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831z) is amended to read as follows:
``Sec. 27. No appropriations are authorized to carry out the
provisions of this Act after September 30, 1999.''.
TITLE III--ENTITLEMENTS
SEC. 301. SALE AND PURCHASE OF POWER BY FEDERAL POWER MARKETING
ADMINISTRATIONS.
(a) Market Based Rates.--Notwithstanding sections 4 and 5 of the
Bonneville Project Act of 1937 (16 U.S.C. 832), sections 9 and 10 of
the Federal Columbia River Transmission System Act (16 U.S.C. 838 and
following), the Act of August 31, 1964 (16 U.S.C. 837-837h), section 7
of the Pacific Northwest Electric Power Planning and Conservation Act
(16 U.S.C. 839-839h), section 5 of the Flood Control Act of 1944, the
Department of Energy Organization Act (Public Law 93-454), or any other
authority of law, for any contract or other arrangement entered into by
any Federal Power Marketing Administration after October 1, 1999 for
the sale of electric power--
(1) the rate for the sale of such power shall be the market
rate established by competitive bidding and no discount or
special rate shall be provided to any purchaser; and
(2) no public body or cooperative, Federal agency,
investor-owned utility, direct service industrial customer, or
other entity shall be entitled to any preference or priority
right to contract for or otherwise purchase such power.
Nothing in this subsection shall affect any contract entered into
before October 1, 1999. Notwithstanding the Federal Power Act or
section 7 of the Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839-839h), the Federal Energy Regulatory
Commission shall not be authorized or required to approve or confirm
any rate for the sale of electric power or transmission services
established under this subsection.
(b) Termination of Residential Exchange Program.--Section 5(c) of
the Pacific Northwest Power Planning and Conservation Act (16 U.S.C.
839-839h) shall not apply to any contract or other arrangement for the
purchase or sale of electric power entered into after October 1, 1999.
(c) Contract Renewal.--After the enactment of this Act, no Federal
Power Marketing Administration may enter into or renew any power
marketing contract for a term that exceeds 5 years.
SEC. 302. ELIMINATION OF MARKET ACCESS PROGRAM.
Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)
is repealed.
SEC. 303. INCREASE IN ASSESSMENTS UNDER TOBACCO PRICE SUPPORT PROGRAM.
(a) Increase in Assessment Rate.--Section 106(g)(1) of the
Agricultural Act of 1949 (7 U.S.C. 1445(g)(1)) is amended--
(1) in subparagraph (A), by striking ``.5 percent'' and
inserting ``1 percent''; and
(2) in subparagraph (B), by striking ``1 percent'' and
inserting ``2 percent''.
(b) Duration of Assessments.--Such section is further amended by
striking ``1998 crops'' and inserting ``2004 crops''. | TABLE OF CONTENTS:
Title I: Defense
Title II: Other Discretionary Accounts
Title III: Entitlements
Title I: Defense
- Amends the Arms Export Control Act to provide that any sale of major defense equipment approved under such Act shall include an appropriate charge for costs incurred by the United States in the research, development, and production of such equipment. Provides an exception. Repeals a provision of such Act which allows for the recovery of certain administrative expenses when such expenses are neither salaries of U.S. armed forces nor unfunded estimated costs of civilian retirement and other benefits.
Title II: Other Discretionary Accounts
- Requires the Administrator of the National Aeronautics and Space Administration (NASA) to terminate U.S. participation in the International Space Station program. Authorizes appropriations for termination costs.
(Sec. 202) Amends the Rural Electrification Act of 1936 to require the interest rates on loans and advances under such Act to equal the coupon equivalent yield on Treasury obligations of comparable maturity at the most recent Treasury auction. Provides for loan origination fees from borrowers of loans made under such Act.
Eliminates references to existing interest rates under such Act.
(Sec. 203) Amends the National Forest Management Act of 1976 to eliminate below-cost timber sales from National Forest System lands.
(Sec. 204) Repeals provisions of the Agricultural Trade Act of 1978 regarding the foreign market development cooperator program.
(Sec. 205) Repeals provisions of the Food, Agriculture, Conservation, and Trade Act of 1990 regarding the Cochran Fellowship Program.
(Sec. 206) Prohibits the NASA Administrator from obligating funds for the Advanced Subsonic Technology Program, High-Speed Research, or the National Aeronautics Facility.
(Sec. 207) Repeals the Appalachian Regional Development Act of 1965 effective September 30, 1999.
(Sec. 208) Amends the Tennessee Valley Authority Act of 1933 to prohibit the authorization of appropriations to carry out such Act after September 30, 1999.
Title III: Entitlements
- Requires, for any arrangement for the sale of electric power entered into by a Federal Power Marketing Administration after October 1, 1999, that: (1) the rate for the sale of power be the market rate established by competitive bidding and no discount be provided to any purchaser; and (2) no entity be entitled to any preference or priority right to contract for or purchase such power.
Makes certain provisions of the Pacific Northwest Electric Power Planning and Conservation Act regarding a residential power exchange program inapplicable to arrangements for the purchase or sale of electric power entered into after October 1, 1999.
Prohibits Federal Power Marketing Administrations from entering into or renewing a power marketing contract for a term that exceeds five years.
(Sec. 302) Repeals provisions of the Agricultural Trade Act of 1978 regarding a market access program.
(Sec. 303) Amends the Agricultural Act of 1949 to extend and increase tobacco price support program marketing assessments on producers, purchasers, and importers. | {"src": "billsum_train", "title": "To reduce Federal spending in several programs."} | 3,622 | 677 | 0.534711 | 1.843906 | 0.688432 | 4.095321 | 5.225303 | 0.882149 |
SECTION 1. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.
(a) In General.--Chapter 14 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2201 et seq.) is amended--
(1) in section 161, by striking subsection k. and inserting
the following:
``k. authorize to carry a firearm in the performance of official
duties such of its members, officers, and employees, such of the
employees of its contractors and subcontractors (at any tier) engaged
in the protection of property under the jurisdiction of the United
States located at facilities owned by or contracted to the United
States or being transported to or from such facilities, and such of the
employees of persons licensed or certified by the Commission (including
employees of contractors of licensees or certificate holders) engaged
in the protection of facilities owned or operated by a Commission
licensee or certificate holder that are designated by the Commission or
in the protection of property of significance to the common defense and
security located at facilities owned or operated by a Commission
licensee or certificate holder or being transported to or from such
facilities, as the Commission considers necessary in the interest of
the common defense and security;'' and
(2) by adding at the end the following:
``SEC. 170C. CARRYING OF FIREARMS.
``(a) Authority To Make Arrest.--
``(1) In general.--A person authorized under section 161k.
to carry a firearm may, while in the performance of, and in
connection with, official duties, arrest an individual without
a warrant for any offense against the United States committed
in the presence of the person or for any felony under the laws
of the United States if the person has a reasonable ground to
believe that the individual has committed or is committing such
a felony.
``(2) Limitation.--An employee of a contractor or
subcontractor or of a Commission licensee or certificate holder
(or a contractor of a licensee or certificate holder)
authorized to make an arrest under paragraph (1) may make an
arrest only--
``(A) when the individual is within, or is in
flight directly from, the area in which the offense was
committed; and
``(B) in the enforcement of--
``(i) a law regarding the property of the
United States in the custody of the Department
of Energy, the Commission, or a contractor of
the Department of Energy or Commission or a
licensee or certificate holder of the
Commission;
``(ii) a law applicable to facilities owned
or operated by a Commission licensee or
certificate holder that are designated by the
Commission under section 161k.;
``(iii) a law applicable to property of
significance to the common defense and security
that is in the custody of a licensee or
certificate holder or a contractor of a
licensee or certificate holder of the
Commission; or
``(iv) any provision of this Act that
subjects an offender to a fine, imprisonment,
or both.
``(3) Other authority.--The arrest authority conferred by
this section is in addition to any arrest authority under other
law.
``(4) Guidelines.--The Secretary and the Commission, with
the approval of the Attorney General, shall issue guidelines to
implement section 161k. and this subsection.''.
(b) Conforming Amendment.--The table of contents of the Atomic
Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by adding at the
end of the items relating to chapter 14 the following:
``Sec. 170C. Carrying of firearms.''.
SEC. 2. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a))
is amended in the first sentence by inserting ``or subject to the
licensing authority of the Commission or to certification by the
Commission under this Act or any other Act'' before the period at the
end.
SEC. 3. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a))
is amended--
(1) in paragraph (2), by striking ``storage facility'' and
inserting ``storage, treatment, or disposal facility'';
(2) in paragraph (3)--
(A) by striking ``such a utilization facility'' and
inserting ``a utilization facility licensed under this
Act''; and
(B) by striking ``or'' at the end;
(3) in paragraph (4)--
(A) by striking ``facility licensed'' and inserting
``or nuclear fuel fabrication facility licensed or
certified''; and
(B) by striking the period at the end and inserting
``; or''; and
(4) by adding at the end the following:
``(5) any production, utilization, waste storage, waste
treatment, waste disposal, uranium enrichment, or nuclear fuel
fabrication facility subject to licensing or certification
under this Act during construction of the facility, if the
person knows or reasonably should know that there is a
significant possibility that the destruction or damage caused
or attempted to be caused could adversely affect public health
and safety during the operation of the facility;''. | Amends the Atomic Energy Act of 1954 to permit the Nuclear Regulatory Commission (NRC) to authorize employees of its contractors, licensees, or certificate holders to: (1) carry firearms during the course of official duties and while engaged in the protection of relevant facilities; and (2) arrest without warrant for any felony or for any offense against the United States committed in their presence.Establishes a fine or imprisonment for sabotage of any production, utilization, waste storage, waste treatment, waste disposal, uranium enrichment, or nuclear fuel fabrication facility subject to NRC licensing or certification during its construction. | {"src": "billsum_train", "title": "A bill to amend the Atomic Energy Act of 1954 to authorize the carrying of firearms by employees of licensees, and for other purposes."} | 1,199 | 134 | 0.508493 | 1.452574 | 0.672688 | 3.763158 | 9.491228 | 0.921053 |
SECTION 1. REHABILITATION AND REPAIR OF HIGH HAZARD POTENTIAL DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (11), (12), and (13) as paragraphs (5), (6), (7),
(8), (9), (11), (13), (14), (15), and (16), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Eligible high hazard potential dam.--
``(A) In general.--The term `eligible high hazard
potential dam' means a non-Federal dam that--
``(i) is classified as `high hazard
potential' by the State dam safety agency in
the State in which the dam is located;
``(ii) has an emergency action plan
approved by the relevant State dam safety
agency; and
``(iii) the State in which the dam is
located determines--
``(I) fails to meet minimum dam
safety standards of the State; and
``(II) poses an unacceptable risk
to the public.
``(B) Exclusion.--The term `eligible high hazard
potential dam' does not include--
``(i) a licensed hydroelectric dam; or
``(ii) a dam built under the authority of
the Secretary of Agriculture.'';
(3) by inserting after paragraph (9) (as redesignated by
paragraph (1)) the following:
``(10) Non-federal sponsor.--The term `non-Federal
sponsor', in the case of a project receiving assistance under
section 8A, includes--
``(A) a governmental organization; and
``(B) a nonprofit organization.''; and
(4) by inserting after paragraph (11) (as redesignated by
paragraph (1)) the following:
``(12) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State dam safety and security
standards.''.
(b) Program for Rehabilitation and Repair of Deficient Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
``(a) Establishment of Program.--The Administrator shall establish,
within FEMA, a program to provide technical, planning, design, and
construction assistance in the form of grants to non-Federal sponsors
for rehabilitation of eligible high hazard potential dams.
``(b) Eligible Activities.--A grant awarded under this section for
a project may be used for--
``(1) repair;
``(2) removal; or
``(3) any other structural or nonstructural measures.
``(c) Award of Grants.--
``(1) Application.--
``(A) In general.--A non-Federal sponsor interested
in receiving a grant under this section may submit to
the Administrator an application for the grant.
``(B) Requirements.--An application submitted to
the Administrator under this section shall be submitted
at such time, be in such form, and contain such
information as the Administrator may prescribe by
regulation.
``(2) Grant.--
``(A) In general.--The Administrator may make a
grant in accordance with this section for
rehabilitation of a high hazard potential dam to a non-
Federal sponsor that submits an application for the
grant in accordance with the regulations prescribed by
the Administrator.
``(B) Project grant agreement.--The Administrator
shall enter into a project grant agreement with the
non-Federal sponsor to establish the terms of the grant
and the project, including the amount of the grant.
``(C) Grant assurance.--As part of a project grant
agreement under subparagraph (B), the Administrator
shall require the non-Federal sponsor to provide an
assurance, with respect to the dam to be rehabilitated
under the project, that the owner of the dam has
developed and will carry out a plan for maintenance of
the dam during the expected life of the dam.
``(D) Limitation.--A grant provided under this
section shall not exceed the lesser of--
``(i) 12.5 percent of the total amount of
funds made available to carry out this section;
or
``(ii) $7,500,000.
``(d) Requirements.--
``(1) Approval.--A grant awarded under this section for a
project shall be approved by the relevant State dam safety
agency.
``(2) Cost sharing.--
``(A) In general.--Any assistance provided under
this section for a project shall be subject to a non-
Federal cost-sharing requirement of not less than 35
percent.
``(B) In-kind contributions.--The non-Federal share
under subparagraph (A) may be provided in the form of
in-kind contributions.
``(3) Allocation of funds.--The total amount of funds made
available to carry out this section for each fiscal year shall
be distributed as follows:
``(A) Equal distribution.--\1/3\ shall be
distributed equally among the States in which the
projects for which applications are submitted under
subsection (c)(1) are located.
``(B) Need-based.--\2/3\ shall be distributed among
the States in which the projects for which applications
are submitted under subsection (c)(1) are located based
on the proportion that--
``(i) the number of eligible high hazard
potential dams in the State; bears to
``(ii) the number of eligible high hazard
potential dams in all States in which projects
for which applications are submitted under
subsection (c)(1).
``(e) Use of Funds.--None of the funds provided in the form of a
grant or otherwise made available under this section shall be used--
``(1) to rehabilitate a Federal dam;
``(2) to perform routine operation or maintenance of a dam;
``(3) to modify a dam to produce hydroelectric power;
``(4) to increase water supply storage capacity; or
``(5) to make any other modification to a dam that does not
also improve the safety of the dam.
``(f) Contractual Requirements.--
``(1) In general.--Subject to paragraph (2), as a condition
on the receipt of a grant under this section, a non-Federal
sponsor that receives the grant shall require that each
contract and subcontract for program management, construction
management, planning studies, feasibility studies,
architectural services, preliminary engineering, design,
engineering, surveying, mapping, and related services entered
into using funds from the grant be awarded in the same manner
as a contract for architectural and engineering services is
awarded under--
``(A) chapter 11 of title 40, United States Code;
or
``(B) an equivalent qualifications-based
requirement prescribed by the relevant State.
``(2) No proprietary interest.--A contract awarded in
accordance with paragraph (1) shall not be considered to confer
a proprietary interest upon the United States.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $60,000,000 for each of fiscal
years 2017 through 2027, to remain available until expended.''.
SEC. 2. RULEMAKING.
(a) Proposed Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall issue a notice of proposed rulemaking regarding
the amendments made by section 1 to the National Dam Safety Program Act
(33 U.S.C. 467 et seq.).
(b) Final Rule.--Not later than 150 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall promulgate a final rule regarding the
amendments described in subsection (a). | This bill amends the National Dam Safety Program Act to direct the Federal Emergency Management Agency (FEMA) to establish a program to provide technical, planning, design, and construction assistance grants to non-federal sponsors for rehabilitation of eligible high hazard potential dams. The bill defines an "eligible high hazard potential dam" as a non-federal dam that: is classified as high hazard potential by the dam safety agency of the state in which the dam is located; has an emergency action plan approved by such agency; and fails to meet minimum state dam safety standards and poses an unacceptable risk to the public. An eligible high hazard potential dam does not include a licensed hydroelectric dam or a dam built under the authority of the Secretary of Agriculture. FEMA shall require a grant recipient to provide an assurance that the owner of the dam has developed and will carry out a plan for maintenance of the dam during its expected life. A grant must be approved by the relevant state dam safety agency. Grant funds shall be allocated to all states from which applications are submitted based on each state's relative number of eligible high hazard potential dams compared to all states. Grant funds may not be used to: rehabilitate a federal dam, perform routine operation or maintenance of a dam, modify a dam to produce hydroelectric power, increase water supply storage capacity, or make any other modification that does not also improve the safety of the dam. | {"src": "billsum_train", "title": "A bill to amend the National Dam Safety Program Act to establish a program to provide grant assistance for the rehabilitation and repair of high hazard potential dams, and for other purposes."} | 1,846 | 315 | 0.639875 | 1.651668 | 0.935807 | 4.293286 | 5.939929 | 0.908127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Contracting Oversight and
Reform Act of 2010''.
SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Government Reform of the
House of Representatives.
SEC. 3. CONGRESSIONAL OVERSIGHT.
Section 872(e)(1) of the Clean Contracting Act of 2008 (subtitle G
of title VIII of Public Law 110-417; 41 U.S.C. 417b(e)(1)) is amended
by striking ``to the Chairman and Ranking Member of the committees of
Congress having jurisdiction'' and inserting ``to any Member of
Congress''.
SEC. 4. COMPLIANCE.
(a) Self-Reporting Requirement.--Section 872(f) of the Clean
Contracting Act of 2008 (subtitle G of title VIII of Public Law 110-
417; 41 U.S.C. 417b(f) is amended to read as follows:
``(f) Self-Reporting Requirement.--
``(1) Contracts in excess of simplified acquisition
threshold.--No funds appropriated or otherwise made available
by any Act may be used for any Federal contract for the
procurement of property or services in excess of the simplified
acquisition threshold unless the contractor has first made the
certifications set forth in section 52.209-5 of the Federal
Acquisition Regulation.
``(2) Contracts in excess of $500,000.--No funds
appropriated or otherwise made available by any Act may be used
for any Federal contract for the procurement of property or
services in excess of $500,000 unless the contractor--
``(A) certifies that the contractor has submitted
to the Administrator the information required under
subsection (c) and that such information is current as
of the date of such certification; or
``(B) certifies that the contractor has cumulative
active Federal contracts and grants with a total value
of less than $10,000,000.''.
(b) Periodic Inspection or Review of Contract Files.--Section
872(e)(2) of the Clean Contracting Act of 2008 (subtitle G of title
VIII of Public Law 110-417; 41 U.S.C. 417b(e)(2)) is amended by adding
at the end the following new subparagraph:
``(C) Periodic inspection or review.--The Inspector
General of each Federal agency shall periodically--
``(i) conduct an inspection or review of
the contract files required under subparagraph
(B) to determine if the agency is providing
appropriate consideration of the information
included in the database created pursuant to
subsection (c); and
``(ii) submit a report containing the
results of the inspection or review conducted
under clause (i) to the Committee on Homeland
Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government
Reform of the House of Representatives.''.
(c) Annual Report.--The Comptroller General of the United States
shall annually submit a report to the appropriate congressional
committees describing the extent to which suspended or debarred
contractors on the Excluded Parties List System--
(1) are identified as having received Federal contracts on
USAspending.gov; or
(2) were granted waivers from Federal agencies from
suspension or debarment for purposes of entering into Federal
contracts.
SEC. 5. CONSOLIDATION OF CONTRACTING INFORMATION DATABASES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Administrator of General Services,
shall submit to the appropriate congressional committees a plan for
integrating and consolidating existing contracting information
databases, including the databases set forth in subsection (b), into a
single searchable and linked network.
(b) Included Databases.--The single network described in subsection
(a) shall include information from all relevant contracting information
databases, including--
(1) the Excluded Parties List System (EPLS);
(2) the Central Contractor Registry (CCR);
(3) the Contractor Performance Assessment Reporting System
(CPARS);
(4) the Federal Assistance Award Data System (FAADS);
(5) the Federal Awardee Performance and Integrity
Information System (FAPIIS);
(6) the Federal Business Opportunities Database (FBO);
(7) the Federal Procurement Data System-Next Generation
(FPDS-NG);
(8) the Past Performance Information Retrieval System
(PPIRS); and
(9) USAspending.gov.
SEC. 6. UNIQUE IDENTIFYING NUMBER.
(a) Study.--The Inspector General of the General Services
Administration shall conduct a study on the use of identifying numbers
for Federal contractors to--
(1) determine if the system of contractor identifying
numbers in use as of the date of the enactment of this Act is
adequately tracking Federal contractors;
(2) assess the feasibility of developing and adopting a new
unique Federal contractor identification system; and
(3) determine whether such a system would more effectively
track Federal contractors.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General shall submit to the
appropriate congressional committees a report on the study conducted
under subsection (a).
SEC. 7. DATABASE SCOPE.
Section 872(c) of the Clean Contracting Act of 2008 (subtitle G of
title VIII of Public Law 110-417; 41 U.S.C. 417(c)) is amended--
(1) in the matter preceding paragraph (1), by striking ``5-
year period'' and inserting ``10-year period''; and
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``with the Federal Government'';
(B) in subparagraph (C), by striking ``In an
administrative proceeding, a finding of fault and
liability'' and inserting ``An administrative
proceeding''; and
(C) in subparagraph (D), by striking ``with an
acknowledgment of fault by the person''. | Federal Contracting Oversight and Reform Act of 2010 - Amends the Clean Contracting Act of 2008 to: (1) require the Administrator of General Services (GSA) to ensure that the information in the database of information regarding the integrity and performance of persons awarded federal contracts and grants is available to any Member of Congress (currently, limited to the Chairman and Ranking Member of the committees having jurisdiction); and (2) expand the scope of the database, including doubling the period of coverage.
Prohibits funds appropriated or otherwise made available by any Act from being used for any federal contract for the procurement of property or services in excess of: (1) the simplified acquisition threshold unless the contractor has first made the certifications set forth in the Federal Acquisition Regulation regarding debarment, suspension, proposed debarment, and other responsibility matters; and (2) $500,000 unless the contractor certifies that he or she has submitted to the Administrator specified required information and that such information is current as of the date of the certification, or that the contractor has cumulative active federal contracts and grants valued at less than $10 million.
Requires the Inspector General of each federal agency to periodically: (1) conduct an inspection or review of required contract files to determine if the agency is providing appropriate consideration of the information included in the database; and (2) report to Congress on the results of the inspection or review. Requires the Comptroller General to annually report on the extent to which suspended or debarred contractors on the Excluded Parties List System are identified as having received contracts on USAspending.gov or were granted waivers from suspension or debarment.
Requires: (1) the Director of the Office of Management and Budget (OMB) to report to Congress a plan for integrating and consolidating specified existing contracting information databases into a single searchable and linked network; and (2) the Inspector General of GSA to conduct a study on the use of identifying numbers for federal contractors. | {"src": "billsum_train", "title": "A bill to improve the management and oversight of Federal contracts, and for other purposes."} | 1,380 | 412 | 0.649903 | 2.096097 | 0.779081 | 3.715818 | 3.273458 | 0.91689 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Homeland Security Act of
2001''.
SEC. 2. OFFICE OF HOMELAND SECURITY.
There is established within the Executive Office of the President
an office to be known as the ``Office of Homeland Security'' (in this
Act referred to as the ``Office'').
SEC. 3. DIRECTOR OF HOMELAND SECURITY.
(a) Director.--The head of the Office shall be the Director of the
Office of Homeland Security, who shall be appointed by the President,
by and with the advice and consent of the Senate. The President shall
ensure that the Director functions as a cabinet-level official.
(b) Executive Schedule I Pay Rate for Director.--Section 5312 of
title 5, United States Code, is amended by inserting after the item
relating to the Director of National Drug Control Policy the following
new item:
``Director of the Office of Homeland Security.''.
SEC. 4. RESPONSIBILITIES.
Subject to the direction and control of the President, the
responsibilities of the Director shall include the following:
(1) Directing, in consultation with appropriate Federal and
State agencies and Congress, the creation of a national
strategy for homeland security, as provided in section 5, to
include all aspects of prevention and response to terrorist
activities.
(2) Developing, reviewing, and approving, in collaboration
with the Director of the Office of Management and Budget, a
national budget for homeland security.
(3) Reviewing programs, plans and activities of the
relevant Federal agencies to insure effective implementation of
the national homeland security strategy.
(4) Coordinating the planning and implementation of all
Federal homeland security activities with relevant Federal
agencies for the purposes of removing unnecessary duplication
and gaps in counterterrorism activities.
(5) Certifying as part of the budget submission of the
President to Congress the relevance and accuracy of
counterterrorism budgets from Federal agencies and rejecting
budget requests not consistent with the national homeland
security strategy.
(6) Directing and reviewing the development of a
comprehensive national assessment on the threat to homeland
security, which shall be conducted by the heads of relevant
Federal agencies.
(7) Overseeing the appropriate sharing of information among
Federal, State, and local agencies involved in intelligence
collection and law enforcement for the purpose of protecting
homeland security.
(9) Establishing a center within the Office to analyze and
publicize as appropriate lessons learned from homeland security
exercises conducted by Federal, State, and local government
agencies and other organizations involved in terrorism
response.
(10) Consulting regularly with Congress on all issues
relating to homeland security.
(11) Attending meetings of the President's cabinet and the
National Security Council relating to counterterrorism and
homeland security.
(12) Serving as the President's principal spokesperson on
issues relevant to homeland security.
SEC. 5. NATIONAL HOMELAND SECURITY STRATEGY.
The national homeland security strategy created under section 4
shall include the following:
(1) A comprehensive research, development, and procurement
plan for supporting homeland security.
(2) Mechanisms to insure the flexibility and mobility in
Federal personnel policies and practices to achieve maximum
effective use of personnel among all concerned agencies.
(3) Policies and procedures to maximize the collection,
analysis, translation, exploitation, and dissemination of,
throughout the Federal Government and with State and local
authorities, information relevant to homeland security concerns.
(4) Plans for improving the resources of, coordination
among, and effectiveness of health and medical sectors for
detecting and responding to terrorist attacks on the homeland.
(5) Specific measures to enhance cooperative efforts
between the public and private sectors in protecting homeland
security.
SEC. 6. OFFICERS AND STAFF OF OFFICE.
(a) Officers.--The President shall assign to the Office such
officers in addition to the Director, if any, as the President, in
consultation with the Director, considers appropriate to discharge the
responsibilities of the Office.
(b) Staff.--The Director may appoint such employees, and may detail
employees from other agencies, as necessary to carry out the functions
of the Office. Such employees shall include individuals with relevant
State and local expertise.
SEC. 7. HOMELAND SECURITY ADVISORY COUNCIL.
(a) Establishment.--There is established a Homeland Security
Advisory Council. The Council shall--
(1) advise the President and the Director of the Office of
Homeland Security on the creation and implementation of the
national strategy for homeland security; and
(2) advise the Director on the operation of the Office of
Homeland Security.
(b) Chair.--The Director of the Office of Homeland Security shall
be the Chair of the Council.
(c) Members.--The members of the Council shall be the following:
(1) The Secretary of State.
(2) The Secretary of the Treasury.
(3) The Secretary of Defense.
(4) The Attorney General.
(5) The Secretary of Agriculture.
(6) The Secretary of Health and Human Services.
(7) The Secretary of Transportation.
(8) The Secretary of Veterans Affairs.
(9) The Director of the Office of Management and Budget.
(10) The Director of the Central Intelligence Agency.
(11) The Director of the Federal Bureau of Investigation.
(12) The Director of the Federal Emergency Management
Agency.
(13) The Director of the Centers for Disease Control and
Prevention.
(14) The Assistant to the President for National Security
Affairs.
(15) Such other Federal and other officials as may be
designated by the President or the Director of the Office.
SEC. 8. REVIEW OF LEGAL AUTHORITIES.
(a) Review.--The Director of the Office of Homeland Security
shall conduct a review of the legal authorities needed but not
currently provided to prevent and respond effectively to terrorist
threats, including legal authorities regarding the role of the
Department of Defense in homeland security and the imposition of
regulations on civilian populations and private entities during a state
of emergency.
(b) Report to Congress.--The Director shall submit to Congress a
report of the results of the review under subsection (a). The report
shall be submitted not later than 90 days after the date of the
enactment of this Act and shall include recommendations for addressing
shortcomings in current legal authority.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such amounts as are
necessary to carry out this Act. | Office of Homeland Security Act of 2001 - Establishes the Office of Homeland Security within the Executive Office of the President. Requires the Director of the Office to: (1) create a national strategy for homeland security, to include all aspects of prevention and response to terrorist activities; (2) develop a national budget for homeland security; (3) review Federal activities to insure effective implementation of such strategy; (4) coordinate Federal homeland security activities to remove duplication and gaps; (5) certify Federal agency counterterrorism budgets; (6) direct development of a comprehensive national assessment of the threat to homeland security; (7) oversee interagency information sharing; and (8) establish a center within the Office to disseminate information learned from homeland security exercises.Establishes a Homeland Security Advisory Council to advise the President and Director on the creation and implementation of the national strategy, and the Director on the operation of the Office.Requires the Director to review additional legal authorities needed to prevent and respond effectively to terrorist threats, including the role of the Department of Defense and the imposition of regulations on civilian populations and private entities during a state of emergency. | {"src": "billsum_train", "title": "To establish an Office of Homeland Security within the Executive Office of the President to lead, oversee, and coordinate a comprehensive national homeland security strategy to safeguard the Nation."} | 1,338 | 243 | 0.647457 | 1.725933 | 0.94399 | 3.917808 | 6.109589 | 0.931507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Over-the-Road Bus Security and
Safety Act of 2003''.
SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary of Transportation, acting through
the Administrator of the Federal Motor Carrier Safety Administration,
shall establish a program for making grants to private operators of
over-the-road buses for system-wide security improvements to their
operations, including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing an emergency communications system linked
to law enforcement and emergency personnel; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Reimbursement.--A grant under this Act may be used to provide
reimbursement to private operators of over-the-road buses for
extraordinary security-related costs for improvements described in
paragraphs (1) through (9) of subsection (a), determined by the
Secretary to have been incurred by such operators since September 11,
2001.
(c) Federal Share.--The Federal share of the cost for which any
grant is made under this Act shall be 90 percent.
(d) Due Consideration.--In making grants under this Act, the
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation
security from those in effect before September 11, 2001.
(e) Grant Requirements.--A grant under this Act shall be subject to
all the terms and conditions that a grant is subject to under section
3038(f) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5310 note; 112 Stat. 393).
SEC. 3. PLAN REQUIREMENT.
(a) In General.--The Secretary may not make a grant under this Act
to a private operator of over-the-road buses until the operator has
first submitted to the Secretary--
(1) a plan for making security improvements described in
section 2 and the Secretary has approved the plan; and
(2) such additional information as the Secretary may
require to ensure accountability for the obligation and
expenditure of amounts made available to the operator under the
grant.
(b) Coordination.--To the extent that an application for a grant
under this section proposes security improvements within a specific
terminal owned and operated by an entity other than the applicant, the
applicant shall demonstrate to the satisfaction of the Secretary that
the applicant has coordinated the security improvements for the
terminal with that entity.
SEC. 4. OVER-THE-ROAD BUS DEFINED.
In this Act, the term ``over-the-road bus'' means a bus
characterized by an elevated passenger deck located over a baggage
compartment.
SEC. 5. BUS SECURITY ASSESSMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall transmit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a preliminary report in accordance with the
requirements of this section.
(b) Contents of Preliminary Report.--The preliminary report shall
include--
(1) an assessment of the over-the-road bus security grant
program;
(2) an assessment of actions already taken to address
identified security issues by both public and private entities
and recommendations on whether additional safety and security
enforcement actions are needed;
(3) an assessment of whether additional legislation is
needed to provide for the security of Americans traveling on
over-the-road buses;
(4) an assessment of the economic impact that security
upgrades of buses and bus facilities may have on the over-the-
road bus transportation industry and its employees;
(5) an assessment of ongoing research and the need for
additional research on over-the-road bus security, including
engine shut-off mechanisms, chemical and biological weapon
detection technology, and the feasibility of
compartmentalization of the driver; and
(6) an assessment of industry best practices to enhance
security.
(c) Consultation With Industry, Labor, and Other Groups.--In
carrying out this section, the Secretary shall consult with over-the-
road bus management and labor representatives, public safety and law
enforcement officials, and the National Academy of Sciences.
SEC. 6. FUNDING.
There is authorized to be appropriated to the Secretary of
Transportation to carry out this Act $99,000,000 for fiscal years 2003
and 2004. Such sums shall remain available until expended. | (This measure has not been amended since it was introduced in the House on February 25, 2003. The summary has been expanded because action occurred on the measure.)Over-the-Road Bus Security and Safety Act of 2003 - (Sec. 2) Directs the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, to establish a program to make grants to private operators of over-the-road buses for specified system-wide security improvements to their operations, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001.(Sec. 3) Sets forth certain grant requirements, including requiring: (1) an applicant private operator of over-the-road buses to submit to the Secretary a security improvements plan; and (2) an applicant for a grant for security improvements within a terminal owned and operated by an entity other than the applicant to demonstrate to the Secretary that such applicant has coordinated such improvements for the terminal with the entity.(Sec. 5) Requires the Secretary to submit to specified congressional committees a preliminary report that includes an assessment of: (1) the over-the-road bus security grant program; (2) actions already taken to address identified security issues by both public and private entities, together with any recommendations for additional safety and security enforcement actions; (3) the economic impact that security upgrades of buses and bus facilities may have on the over-the-road bus transportation industry and its employees; (4) ongoing research, including engine shut-off mechanisms, chemical and biological weapon detection technology, and the feasibility of compartmentalizing the driver; (5) industry best practices to enhance security; and (6) any need for additional legislation.(Sec. 6) Authorizes appropriations for FY 2003 and 2004. | {"src": "billsum_train", "title": "To direct the Secretary of Transportation to make grants for security improvements to over-the-road bus operations, and for other purposes."} | 1,124 | 370 | 0.678324 | 2.286959 | 0.782588 | 4.354839 | 3.199413 | 0.894428 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Leadership in Energy
Efficient Transportation Act of 2014'' or the ``FLEET Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to provide for the upgrade of the
vehicle fleet of the United States Postal Service, to improve mail
delivery services to benefit customers and the environment, to increase
savings by reducing maintenance or other costs, and to set benchmarks
to maximize fuel economy and reduce emissions for the Postal fleet with
the goal of making the Postal Service a national leader in efficiency
and technology innovation.
SEC. 3. AUTHORITY TO ENTER INTO ENERGY SAVINGS PERFORMANCE CONTRACTS.
Section 804(4) of the National Energy Conservation Policy Act (42
U.S.C. 8287c(4)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(c) in the case of a contract in which the United
States Postal Service is a party--
``(i) the purchase or lease of low emission
and fuel efficient vehicles;
``(ii) a measure to upgrade a vehicle
owned, operated, leased, or otherwise
controlled by or assigned to the United States
Postal Service to increase average fuel economy
and reduce the emissions of carbon dioxide of
such vehicle; or
``(iii) the construction of infrastructure,
including electric vehicle charging stations,
to support vehicles described in clauses (i)
and (ii).''.
SEC. 4. UPGRADE OF POSTAL FLEET.
(a) Postal Fleet Requirements.--
(1) Motor vehicle standards.--The Postmaster General shall
develop guidelines for contracted vehicles and vehicles
purchased or leased for use by the Postal Service, that, at a
minimum, provide--
(A) for light-duty vehicles--
(i) that emissions of carbon dioxide comply
with applicable standards developed by the
Environmental Protection Agency under title II
of the Clean Air Act (42 U.S.C. 7521 et seq.)
and may not exceed, on average, 250 grams per
mile; and
(ii) to meet applicable average fuel
economy standards developed by the National
Highway Traffic Safety Administration under
chapter 329 of title 49, United States Code, of
34.1 miles per gallon; and
(B) for medium-duty and heavy-duty vehicles, that
comply with applicable standards--
(i) for emissions of carbon dioxide
developed by the Environmental Protection
Agency under title II of the Clean Air Act (42
U.S.C. 7521 et seq.); and
(ii) for average fuel economy developed by
the National Highway Traffic Safety
Administration under chapter 329 of title 49,
United States Code.
(2) Applicability.--The standards described in paragraph
(1) shall apply to contracted vehicles and vehicles purchased
or leased for use by the Postal Service after the date that is
1 year after the date of enactment of this Act.
(3) Reduction in consumption of petroleum products.--The
Postmaster General shall reduce the total consumption of
petroleum products by vehicles in the Postal fleet by a minimum
of 2 percent annually through the end of fiscal year 2025,
relative to the baseline established for fiscal year 2005.
(b) Replacing Vehicles Within the Postal Fleet.--The Postmaster
General shall conduct a cost-benefit analysis of vehicles in the Postal
fleet to determine if the cost to maintain any such vehicle outweighs
the benefit or savings of replacing the vehicle.
(c) Route Requirements.--To inform and prioritize purchases, the
Postmaster General shall review and identify Postal delivery routes to
determine if motor vehicles used on such routes can be replaced with
technologies that increase average fuel economy or reduce emissions of
carbon dioxide.
(d) Reporting Requirements.--The Postmaster General shall submit a
report to Congress--
(1) not later than 1 year after the date of enactment of
this Act, that contains a plan to achieve the requirements of
subsection (a) and recommendations for vehicle body design
specifications for vehicles purchased for the Postal fleet that
would increase average fuel economy and reduce emissions of
carbon dioxide of any such vehicle; and
(2) annually, that describes--
(A) the progress in meeting the annual target
described in subsection (a)(3); and
(B) any changes to Postal delivery routes or
vehicle purchase strategies made pursuant to subsection
(c).
(e) Restrictions.--To meet the requirements of this Act, the
Postmaster General may not--
(1) reduce the frequency of delivery of mail to fewer than
6 days each week;
(2) close post offices or postal distribution facilities;
(3) take any action that would restrict or diminish a
collective bargaining agreement or eliminate or reduce any
employee benefits; or
(4) enter into a contract with a private company to perform
duties that, as of the date of enactment of this Act, are
performed by bargaining unit employees.
SEC. 5. DEFINITIONS.
In this Act the following definitions apply:
(1) Contracted vehicle.--The term ``contracted vehicle''--
(A) means any motor vehicle used in carrying out a
contract for surface mail delivery pursuant to section
5005(a)(3) of title 39, United States Code; and
(B) does not include any motor vehicle used in
carrying out a contract for surface mail delivery
pursuant to sections 406 and 407 of such title.
(2) Motor vehicle.--The term ``motor vehicle'' means any
self-propelled vehicle designed for transporting persons or
property on a street or highway.
(3) Postal delivery route.--The term ``Postal delivery
route'' means the transportation route for surface mail
delivery.
(4) Postal fleet.--The term ``Postal fleet'' means any
vehicle that is owned, operated, leased, or otherwise
controlled by or assigned to the Postal Service.
(5) Postal service.--The term ``Postal Service'' means the
United States Postal Service. | Federal Leadership in Energy Efficient Transportation Act of 2014 or the FLEET Act - Amends the National Energy Conservation Policy Act to expand the definition of "energy or water conservation measure" under such Act to include, in the case of a contract in which the U.S. Postal Service (USPS) is a party: (1) the purchase or lease of low emission and fuel efficient vehicles; (2) the upgrade of USPS vehicles to increase average fuel economy and reduce carbon dioxide emissions; or (3) the construction of infrastructure to support such vehicles, including electric vehicle charging stations. Directs the Postmaster General to develop guidelines for USPS vehicles that provide for specified carbon dioxide emissions and fuel economy standards. | {"src": "billsum_train", "title": "FLEET Act"} | 1,361 | 156 | 0.607341 | 1.79702 | 0.741257 | 3.149254 | 9.328358 | 0.880597 |
SECTION 1. TIPS RECEIVED FOR CERTAIN SERVICES NOT SUBJECT TO INCOME OR
EMPLOYMENT TAXES.
(a) In General.--Section 102 of the Internal Revenue Code of 1986
(relating to gifts and inheritances) is amended by adding at the end
the following new subsection:
``(d) Tips Received for Certain Services.--
``(1) In general.--For purposes of subsection (a), tips
received by an individual for qualified services performed by
such individual shall be treated as property transferred by
gift.
``(2) Qualified services.--For purposes of this subsection,
the term `qualified services' means cosmetology, hospitality
(including lodging and food and beverage services), recreation,
taxi, newspaper deliveries and shoe shine services.
``(3) Annual limit.--The amount excluded from gross income
for the taxable year by reason of paragraph (1) with respect to
each service provider shall not exceed $10,000.
``(4) Employee taxable on at least minimum wage.--Paragraph
(1) shall not apply to tips received by an employee during any
month to the extent that such tips--
``(A) are deemed to have been paid by the employer
to the employee pursuant to section 3121(q) (without
regard to whether such tips are reported under section
6053), and
``(B) do not exceed the excess of--
``(i) the minimum wage rate applicable to
such individual under section 6(a)(1) of the
Fair Labor Standards Act of 1938 (determined
without regard to section 3(m) of such Act),
over
``(ii) the amount of the wages (excluding
tips) paid by the employer to the employee
during such month.
``(5) Tips.--For purposes of this title, the term `tips'
means a gratuity paid by an individual for services performed
for such individual (or for a group which includes such
individual) by another individual if such services are not
provided pursuant to an employment or similar contractual
relationship between such individuals.''.
(b) Exclusion From Social Security Taxes.--
(1) Paragraph (12) of section 3121(a) of such Code is
amended to read as follows:
``(12)(A) tips paid in any medium other than cash;
``(B) cash tips received by an employee in any calendar
month in the course of his employment by an employer unless the
amount of such cash tips is $20 or more and then only to the
extent includible in gross income after the application of
section 102(d);''.
(2) Paragraph (10) of section 209(a) of the Social Security
Act is amended to read as follows:
``(10)(A) tips paid in any medium other than cash;
``(B) cash tips received by an employee in any calendar
month in the course of his employment by an employer unless the
amount of such cash tips is $20 or more and then only to the
extent includible in gross income after the application of
section 102(d) of the Internal Revenue Code of 1986 for such
month;''.
(3) Paragraph (3) of section 3231(e) of such Code is
amended to read as follows:
``(3) Solely for purposes of the taxes imposed by section
3201 and other provisions of this chapter insofar as they
relate to such taxes, the term `compensation' also includes
cash tips received by an employee in any calendar month in the
course of his employment by an employer if the amount of such
cash tips is $20 or more and then only to the extent includible
in gross income after the application of section 102(d).''.
(c) Exclusion From Unemployment Compensation Taxes.--Subsection (s)
of section 3306 of such Code is amended to read as follows:
``(s) Tips Not Treated as Wages.--For purposes of this chapter, the
term `wages' shall include tips received in any month only to the
extent includible in gross income after the application of section
102(d) for such month.''.
(d) Exclusion From Wage Withholding.--Paragraph (16) of section
3401(a) of such Code is amended to read as follows:
``(16)(A) as tips in any medium other than cash;
``(B) as cash tips to an employee in any calendar month in
the course of his employment by an employer unless the amount
of such cash tips is $20 or more and then only to the extent
includible in gross income after the application of section
102(d);''.
(e) Conforming Amendment.--Sections 32(c)(2)(A)(i) and 220(b)(4)(A)
of such Code are each amended by striking ``tips'' and inserting ``tips
(to the extent includible in gross income after the application of
section 102(d))''.
(f) Effective Date.--The amendments made by this section shall
apply to tips received after the calendar month which includes the date
of the enactment of this Act. | Amends the Internal Revenue Code to treat the first $10,000 of tips received for cosmetology, hospitality (including lodging and food and beverage services), recreation, taxi, newspaper delivery, and shoe shine services as property transferred by gift, thus exempting such tips from income, employment, and unemployment taxation and from wage withholding. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide that tips received for certain services shall not be subject to income or employment taxes."} | 1,118 | 70 | 0.623283 | 1.748518 | 0.943694 | 3.935484 | 16.370968 | 0.870968 |
SECTION 1. ALGAE DERIVED FUEL CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 40A the following new section:
``SEC. 40B. ALGAE DERIVED FUEL CREDIT.
``(a) General Rule.--For purposes of section 38, the algae derived
fuel credit determined under this section for the taxable year is an
amount equal to the product of $1.50 and the gallons of algae derived
fuel--
``(1) produced by the taxpayer and sold at retail for use
as a fuel or used during the taxable year by the taxpayer in a
trade or business, or
``(2) used by the taxpayer in the production of a mixture
with another fuel and sold for use as a fuel or used by the
taxpayer during the taxable year for use as a fuel in a trade
or business.
``(b) Coordination With Credit Against Excise Tax.--The amount of
the credit determined under this section with respect to any algae
derived fuel shall be properly reduced to take into account any benefit
provided with respect to such algae derived fuel solely by reason of
the application of section 6426 or 6427(e).
``(c) Definition of Algae Derived Fuel.--For purposes of this
section--
``(1) The term `algae derived fuel' means a liquid
hydrocarbon product that is substantially similar to current
commercial fuels derived from petroleum and is derived from the
biomass of algal organisms. Such term shall not include any
liquid with respect to which a credit may be determined under
section 40 or 40A.
``(2) The term `algal organisms' means single or multi-
cellular organisms which are inherently photosynthetic and
aquatic.
``(d) Mixture or Algae Derived Fuel Not Used as a Fuel, etc.--For
purposes of this section, rules similar to the rules of paragraphs (3)
and (4) of section 40A(d) shall apply.
``(e) Termination.--This section shall not apply to any sale or use
after December 31, 2012.''.
(b) Credit Treated as Part of General Business Credit.--Section
38(b) of such Code is amended by striking ``plus'' at the end of
paragraph (32), by striking the period at the end of paragraph (33) and
inserting ``, plus'', and by inserting after paragraph (33) the
following new paragraph:
``(34) the biodiesel fuels credit determined under section
40B(a).''.
(c) Credit Included in Income.--Section 87 of such Code is amended
by striking ``and'' at the end of paragraph (1), by striking the period
at the end of paragraph (2) and inserting ``, and'', and by inserting
after paragraph (2) the following new paragraph:
``(3) the algae derived fuels credit determined with
respect to the taxpayer for the taxable year under section
40B(a).''.
(d) Deduction for Unused Credit.--Section 196(c) of such Code is
amended by striking ``and'' at the end of paragraph (12), by striking
the period at the end of paragraph (13) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(14) the algae derived fuels credit determined under
section 40B(a).''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 40A the following new
item:
``Sec. 40B. Algae derived fuel credit.''.
(f) Effective Date.--The amendments made by this section shall
apply to fuels sold or used in taxable years beginning after the date
of the enactment of this Act.
SEC. 2. EXCISE TAX CREDIT PARITY FOR ALGAE DERIVED FUEL.
(a) Allowance of Credit.--Paragraph (1) of section 6426(a) of the
Internal Revenue Code of 1986 is amended by striking ``and (e)'' and
inserting ``(e), and (f)''.
(b) Algae Derived Fuel Mixture Credit.--Section 6426 of the
Internal Revenue Code of 1986 is amended by redesignating subsections
(f), (g), and (h) as subsections (g), (h), and (i), respectively, and
by inserting after subsection (e) the following new subsection:
``(f) Algae Derived Fuel Mixture Credit.--
``(1) In general.--For purposes of this section, the algae
derived fuel credit is the product of $1.50 and the number of
gallons--
``(A) of algae derived fuel produced by the
taxpayer and sold at retail for use as a fuel or used
by the taxpayer in a trade or business of the taxpayer,
and
``(B) of algae derived fuel used by the taxpayer in
producing any mixture of such fuel with any other fuel
subsequently sold for use as a fuel or used by the
taxpayer for use as a fuel in a trade or business of
the taxpayer.
``(2) Algae derived fuel.--For the purposes of this
section, the term `algae derived fuel' shall have the same
meaning given such term in section 40B.
``(3) Termination.--This subsection shall not apply to any
sale or use after December 31, 2012.''.
(c) Effective Date.--The amendments made by this section shall
apply to fuels sold or used for any period after the date of the
enactment of this Act.
SEC. 3. PARITY REGARDING PAYMENTS FOR FUEL MIXTURE.
(a) In General.--Paragraph (1) of section 6427(e) of the Internal
Revenue Code of 1986 is amended by inserting ``or algae derived fuel
mixture credit'' after ``alternative fuel mixture credit''.
(b) Termination.--Paragraph (5) of section 6427(e) of such Code is
amended by striking ``and'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting ``, and'', by
inserting after subparagraph (D) the following new subparagraph:
``(E) any algae based fuel mixture sold or used
after December 31, 2012.''.
(c) Conforming Amendment.--The heading for section 6427(e) of such
Code is amended by striking ``and Biodiesel Mixtures'' and inserting
``, Biodiesel Mixtures, and Algae Derived Mixtures''.
(d) Effective Date.--The amendments made by this section shall
apply to fuels sold or used for any period after the date of the
enactment of this Act. | Amends the Internal Revenue Code to allow an income and excise tax credit for the production of algae derived fuel and fuel mixtures. Defines "algae derived fuel" as a liquid hydrocarbon product that is derived from the biomass of algal organisms (single- or multi-cellular organisms that are inherently photosynthetic and aquatic). Terminates such credits after 2012. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for a credit for algae derived fuels, and for other purposes."} | 1,608 | 90 | 0.606347 | 1.490817 | 1.443107 | 2.123077 | 21.030769 | 0.830769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Regulatory Commission
Authorization Act for Fiscal Years 1994 and 1995''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1994 AND 1995.
(a) In General.--There are authorized to be appropriated to the
Nuclear Regulatory Commission, in accordance with section 261 of the
Atomic Energy Act of 1954 (42 U.S.C. 2017) and section 305 of the
Energy Reorganization Act of 1974 (42 U.S.C. 5875), the following
amounts:
(1) Fiscal year 1994.--$542,900,000 for fiscal year 1994,
to remain available until expended, of which $22,000,000 is
authorized from the Nuclear Waste Fund.
(2) Fiscal year 1995.--$546,800,000 for fiscal year 1995,
to remain available until expended, of which $22,000,000 is
authorized from the Nuclear Waste Fund.
(b) Office of Inspector General.--There are authorized to be
appropriated to the Nuclear Regulatory Commission's Office of Inspector
General, in accordance with the provisions of section 1105(a)(25) of
title 31, United States Code, the following amounts:
(1) Fiscal year 1994.--$4,800,000 for fiscal year 1994, to
remain available until expended.
(2) Fiscal year 1995.--$5,000,000 for fiscal year 1995, to
remain available until expended.
SEC. 3. ALLOCATION OF AMOUNTS AUTHORIZED.
(a) In General.--The amounts authorized to be appropriated under
section 2(a) for fiscal years 1994 and 1995 shall be allocated as
follows:
(1) Reactor safety and safeguards regulation.--Not more
than $163,807,000 for fiscal year 1994, and not more than
$168,005,000 for fiscal year 1995, may be used for ``Reactor
Safety and Safeguards Regulation''.
(2) Reactor safety research.--Not more than $99,969,000 for
fiscal year 1994, and not more than $98,339,000 for fiscal year
1995, may be used for ``Reactor Safety Research''.
(3) Nuclear material and low-level waste safety and
safeguards regulation.--Not more than $61,880,000 for fiscal
year 1994, and not more than $63,025,000 for fiscal year 1995,
may be used for ``Nuclear Material and Low-Level Waste Safety
and Safeguards Regulation''.
(4) High-level nuclear waste regulation.--Not more than
$22,000,000 for fiscal year 1994 from the Nuclear Waste Fund,
and not more than $22,000,000 for fiscal year 1995 from the
Nuclear Waste Fund, may be used for ``High-Level Nuclear Waste
Regulation''.
(5) Reactor special and independent reviews,
investigations, and enforcement.--Not more than $31,000,000 for
fiscal year 1994, and not more than $31,369,000 for fiscal year
1995, may be used for ``Reactor Special and Independent
Reviews, Investigations, and Enforcement''.
(6) Nuclear safety management and support.--Not more than
$164,244,000 for fiscal year 1994, and not more than
$164,062,000 for fiscal year 1995, may be used for ``Nuclear
Safety Management and Support''.
(b) Limitations.--The Nuclear Regulatory Commission may not use
more than 1 percent of the amounts allocated under subsection (a) to
exercise its authority under section 31 a. of the Atomic Energy Act of
1954 (42 U.S.C. 2051(a)) to enter into grants and cooperative
agreements with organizations such as universities, State and local
governments, and not-for-profit institutions. Grants made by the
Commission shall be made in accordance with chapter 63 of title 31,
United States Code, and other applicable law.
(c) Reallocation.--
(1) In general.--Except as provided in paragraphs (2) and
(3), any amount allocated for a fiscal year pursuant to any
paragraph of subsection (a) for purposes of the program
referred to in any such paragraph may be reallocated by the
Nuclear Regulatory Commission for use in a program referred to
in any other paragraph of such subsection, or for use in any
other activity within a program.
(2) Limitation.--The amount available from appropriations
in any fiscal year for use in any program or activity specified
in subsection (a) may not, as a result of reallocations made
under paragraph (1), be increased or reduced by more than
$500,000, unless the Nuclear Regulatory Commission submits
advance notification of such reallocation to the Committee on
Energy and Commerce and the Committee on Natural Resources of
the House of Representatives and the Committee on Environment
and Public Works of the Senate. Such notification shall contain
a full and complete statement of the reallocation to be made
and the facts and circumstances relied upon in support of such
reallocation.
(3) Nuclear waste fund.--Funds authorized to be
appropriated from the Nuclear Waste Fund may be used only for
the high-level nuclear waste activities of the Nuclear
Regulatory Commission and may not be reprogrammed for other
Commission activities.
SEC. 4. RETENTION OF CERTAIN FUNDS.
Money received by the Nuclear Regulatory Commission for the
cooperative nuclear safety research program, services rendered to
foreign governments and international organizations, and the material
and information access authorization programs (including criminal
history checks under section 149 of the Atomic Energy Act of 1954 (42
U.S.C. 2169)) may be retained and used, subject to appropriations, for
salaries and expenses associated with such activities, notwithstanding
the provisions of section 3302 of title 31, United States Code, and
shall remain available until expended.
SEC. 5. TRANSFER OF CERTAIN FUNDS.
From amounts appropriated to the Nuclear Regulatory Commission
pursuant to section 2(a), except for appropriations from the Nuclear
Waste Fund, the Commission may transfer amounts to its Office of
Inspector General, except that the total amount so transferred during
any fiscal year may not exceed 5 percent of the amount authorized under
section 2(b) for such fiscal year.
SEC. 6. LIMITATION ON SPENDING AUTHORITY.
Notwithstanding any other provision of this Act, no authority to
make payments under this Act shall be effective except to such extent
or in such amounts as are provided in advance in appropriation Acts. | Nuclear Regulatory Commission Authorization Act for Fiscal Years 1994 and 1995 - Authorizes appropriations for FY 1994 and 1995 to the Nuclear Regulatory Commission and to its Office of Inspector General. Prescribes allocation guidelines. | {"src": "billsum_train", "title": "Nuclear Regulatory Commission Authorization Act for Fiscal Years 1994 and 1995"} | 1,379 | 47 | 0.553911 | 1.353497 | 0.819917 | 3.777778 | 33.527778 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficient Affordable Home Act
of 1998''.
SEC. 2. CREDIT FOR PURCHASE OF NEW ENERGY EFFICIENT HOME AND OF ENERGY
EFFICIENCY IMPROVEMENTS TO EXISTING HOMES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. PURCHASE OF NEW ENERGY EFFICIENT HOME AND OF ENERGY
EFFICIENCY IMPROVEMENTS TO EXISTING HOMES.
``(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--
``(1) the purchase price of each new energy efficient
dwelling purchased by the taxpayer during the taxable year, and
``(2) 20 percent of the cost paid or incurred by the
taxpayer for qualified energy efficiency improvements installed
during such taxable year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed by this section
with respect to a dwelling shall not exceed $2,000.
``(2) Prior credit amounts for taxpayer on same dwelling
taken into account.--If a credit was allowed to the taxpayer
under subsection (a) with respect to a dwelling in 1 or more
prior taxable years, the amount of the credit otherwise
allowable for the taxable year with respect to that dwelling
shall not exceed the amount of $2,000 reduced by the sum of the
credits allowed under subsection (a) to the taxpayer with
respect to the dwelling for all prior taxable years.
``(c) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under subpart
A of part IV of subchapter A (other than this section), such excess
shall be carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(d) Definitions.--For purposes of this section--
``(1) New energy efficient dwelling.--The term `new energy
efficient dwelling' means a dwelling--
``(A) located in the United States,
``(B) owned and used by the taxpayer as the
taxpayer's principal residence (within the meaning of
section 121),
``(C) the construction of which is substantially
completed after December 31, 1998,
``(D) the original use of which commences with the
taxpayer, and
``(E) which is certified to exceed by 30 percent or
more the applicable standards for energy efficiency
based upon energy use or building component performance
established for comparable dwellings under the
applicable Model Energy Code (promulgated by the
Council of American Building Officials) or to exceed
such alternative standards for energy efficiency as the
Secretary may prescribe in consultation with the
Secretary of Energy.
``(2) Purchase price.--The term `purchase price' means the
adjusted basis of the dwelling on the date of its acquisition
by the taxpayer.
``(3) Qualified energy efficiency improvements.--The term
`qualified energy efficiency improvements' means any energy
efficient building envelope component, and any high energy
efficiency heating or cooling appliance, if--
``(A) such component or appliance is installed in
or on a dwelling--
``(i) located in the United States, and
``(ii) owned and used by the taxpayer as
the taxpayer's principal residence (within the
meaning of section 121),
``(B) the original use of such component or
appliance commences with the taxpayer, and
``(C) such component or appliance reasonably can be
expected to remain in use for at least 5 years.
``(4) Energy efficient building envelope component.--The
term `energy efficient building envelope component' means--
``(A) insulation material which is specifically and
primarily designed to reduce, when installed in or on a
dwelling, the heat loss or gain of such dwelling,
``(B) exterior windows that are certified to equal
or exceed the applicable standards for energy
efficiency (as determined by the National Fenestration
Rating Council or similar body), and
``(C) such other components of the building
envelope as the Secretary may prescribe in consultation
with the Secretary of Energy.
``(5) High energy efficiency heating or cooling
appliance.--The term `high energy efficiency heating or cooling
appliance' means mechanical heating or cooling equipment
(including a hot water heater) which is certified by the
manufacturer as having an energy efficiency rating that equals
or exceeds 150 percent of the applicable minimum energy
efficiency standard established under the National Appliance
Energy Conservation Act of 1987 (Public Law 100-12).
``(e) Certification.--
``(1) New dwelling certifications.--A certification
described in subsection (d)(1)(E) with respect to a dwelling
shall be made by the person who constructed the dwelling or by
a local building regulatory authority.
``(2) Windows.--A certification described in subsection
(d)(4)(B) with respect to a window shall be made by the person
who sold or installed the window.
``(3) Form of certifications.--Certifications referred to
in this subsection shall be in such form as the Secretary shall
prescribe, and, except in the case of a certification by a
representative of a local building regulatory authority, shall
include the taxpayer identification number of the person making
the certification.
``(f) Special Rules.--
``(1) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
individual shall be treated as having paid his tenant-
stockholder's proportionate share (as defined in section
216(b)(3)) of the cost of qualified energy efficiency
improvements made by such corporation.
``(2) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which he owns, such
individual shall be treated as having paid his
proportionate share of the cost of qualified energy
efficiency improvements made by such association.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with
respect to a condominium project substantially all of
the units of which are used as residences.
``(g) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section for any expenditure with respect to any
property, the increase in the basis of such property which would (but
for this subsection) result from such expenditure shall be reduced by
the amount of the credit so allowed.
``(h) Effective Date.--Subsection (a)(1) shall apply to dwellings
purchased during the period beginning on January 1, 1999, and ending on
December 31, 2003, and subsection (a)(2) shall apply to qualified
energy efficiency improvements installed during such period.''.
(b) Conforming Amendments.--
(1) Subsection (c) of section 23 of such Code is amended by
inserting ``, section 25B, and section 1400C'' after ``other
than this section''.
(2) Subparagraph (C) of section 25(e)(1) of such Code is
amended by striking ``section 23'' and inserting ``sections 23,
25B, and 1400C''.
(3) Subsection (d) of section 1400C of such Code is amended
by inserting ``and section 25B'' after ``other than this
section''.
(4) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (26), by striking
the period at the end of paragraph (27) and inserting ``;
and'', and by adding at the end the following new paragraph:
``(28) to the extent provided in section 25B(g), in the
case of amounts with respect to which a credit has been allowed
under section 25B.''.
(5) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25A the following new item:
``Sec. 25B. Purchase of new energy
efficient home and of energy
efficiency improvements to
existing homes.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 1998. | Energy Efficient Affordable Home Act of 1998 - Amends the Internal Revenue Code to provide individuals a limited tax credit for the purchase of: (1) a new energy efficient affordable home; or (2) energy efficiency improvements to an existing home. | {"src": "billsum_train", "title": "Energy Efficient Affordable Home Act of 1998"} | 1,968 | 51 | 0.544585 | 1.189464 | 0.822747 | 2.183673 | 37.020408 | 0.877551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Fire Administration
Authorization Act for Fiscal Years 1998 and 1999''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 17(g)(1) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2216(g)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and
inserting a semicolon; and
(3) by adding at the end the following:
``(G) $29,664,000 for the fiscal year ending September 30,
1998; and
``(H) $30,554,000 for the fiscal year ending September 30,
1999.''.
SEC. 3. SUCCESSOR FIRE SAFETY STANDARDS.
The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) is amended--
(1) in section 29(a)(1), by inserting ``or any successor
standard to that standard'' after ``Association Standard 74'';
(2) in section 29(a)(2), by inserting ``, or any successor
standard to that standard'' before ``, whichever is appropriate,'';
(3) in section 29(b)(2), by inserting ``, or any successor
standard to that standard'' after ``Association Standard 13 or 13-
R'';
(4) in section 31(c)(2)(B)(i), by inserting ``or any successor
standard to that standard'' after ``Life Safety Code)''; and
(5) in section 31(c)(2)(B)(ii), by inserting ``or any successor
standard to that standard'' after ``Association Standard 101''.
SEC. 4. TERMINATION OR PRIVATIZATION OF FUNCTIONS.
(a) In General.--Not later than 60 days before the termination or
transfer to a private sector person or entity of any significant
function of the United States Fire Administration, as described in
subsection (b), the Administrator of the United States Fire
Administration shall transmit to Congress a report providing notice of
that termination or transfer.
(b) Covered Terminations and Transfers.--For purposes of subsection
(a), a termination or transfer to a person or entity described in that
subsection shall be considered to be a termination or transfer of a
significant function of the United States Fire Administration if the
termination or transfer--
(1) relates to a function of the Administration that requires
the expenditure of more than 5 percent of the total amount of funds
made available by appropriations to the Administration; or
(2) involves the termination of more than 5 percent of the
employees of the Administration.
SEC. 5. NOTICE.
(a) Major Reorganization Defined.--With respect to the United
States Fire Administration, the term ``major reorganization'' means any
reorganization of the Administration that involves the reassignment of
more than 25 percent of the employees of the Administration.
(b) Notice of Reprogramming.--If any funds appropriated pursuant to
the amendments made by this Act are subject to a reprogramming action
that requires notice to be provided to the Committees on Appropriations
of the Senate and the House of Representatives, notice of that action
shall concurrently be provided to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Science of the
House of Representatives.
(c) Notice of Reorganization.--Not later than 15 days before any
major reorganization of any program, project, or activity of the United
States Fire Administration, the Administrator of the United States Fire
Administration shall provide notice to the Committees on Science and
Appropriations of the House of Representatives and the Committees on
Commerce, Science, and Transportation and Appropriations of the Senate.
SEC. 6. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 rapidly approaching, it is the sense of Congress
that the Administrator of the United States Fire Administration
should--
(1) give high priority to correcting all 2-digit date-related
problems in the computer systems of the United States Fire
Administration to ensure that those systems continue to operate
effectively in the year 2000 and in subsequent years;
(2) as soon as practicable after the date of enactment of this
Act, assess the extent of the risk to the operations of the United
States Fire Administration posed by the problems referred to in
paragraph (1), and plan and budget for achieving compliance for all
of the mission-critical systems of the system by the year 2000; and
(3) develop contingency plans for those systems that the United
States Fire Administration is unable to correct by the year 2000.
SEC. 7. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Fire Administration.
(2) Educationally useful federal equipment.--The term
``educationally useful Federal equipment'' means computers and
related peripheral tools and research equipment that is appropriate
for use in schools.
(3) School.--The term ``school'' means a public or private
educational institution that serves any of the grades of
kindergarten through grade 12.
(b) Sense of Congress.--
(1) In general.--It is the sense of Congress that the
Administrator should, to the greatest extent practicable and in a
manner consistent with applicable Federal law (including Executive
Order No. 12999), donate educationally useful Federal equipment to
schools in order to enhance the science and mathematics programs of
those schools.
(2) Reports.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall prepare and submit to the President a
report that meets the requirements of this paragraph. The
President shall submit that report to Congress at the same time
as the President submits a budget request to Congress under
section 1105(a) of title 31, United States Code.
(B) Contents of report.--The report prepared by the
Administrator under this paragraph shall describe any donations
of educationally useful Federal equipment to schools made
during the period covered by the report.
SEC. 8. REPORT TO CONGRESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the United States Fire
Administration (referred to in this section as the ``Administrator'')
shall prepare and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of the House
of Representatives a report that meets the requirements of this
section.
(b) Contents of Report.--The report under this section shall--
(1) examine the risks to firefighters in suppressing fires
caused by burning tires;
(2) address any risks that are uniquely attributable to fires
described in paragraph (1), including any risks relating to--
(A) exposure to toxic substances (as that term is defined
by the Administrator);
(B) personal protection;
(C) the duration of those fires; and
(D) site hazards associated with those fires;
(3) identify any special training that may be necessary for
firefighters to suppress those fires; and
(4) assess how the training referred to in paragraph (3) may be
provided by the United States Fire Administration.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | United States Fire Administration Authorization Act for Fiscal Years 1998 and 1999 - Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 1998 and 1999.
Permits successor fire safety standards to be used as guidelines in addition to National Fire Protection Association (NFPA) Standard 74, NFPA Standard 13 or 13-R, or NFPA Standard 101 (Life Safety Code) for installation of hard-wired, single-station smoke detectors or automatic sprinkler systems in: (1) places of public accommodation affecting commerce; and (2) federally-assisted buildings.
Requires the Administrator of the U.S. Fire Administration to report to the Congress at least 60 days in advance on the termination or transfer to a private sector entity of any significant function of the Administration.
Urges the Administrator to give high priority to correcting, assess the risk to operations posed by, plan and budget for, and develop contingency plans for date-related year 2000 problems in its computer systems.
Expresses the sense of the Congress that the Administrator should donate educationally useful Federal equipment to schools in order to enhance science and mathematics programs. Requires the Administrator to report to the President on such action.
Directs the Administrator to report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Science on: (1) risks to fire fighters in suppressing fires caused by burning tires; and (2) special training required to suppress such fires and how the training may be provided by the Administration. | {"src": "billsum_train", "title": "United States Fire Administration Authorization Act for Fiscal Years 1998 and 1999"} | 1,652 | 321 | 0.567301 | 1.842403 | 0.702715 | 2.726027 | 5.157534 | 0.863014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Budget Surplus Dividend Act of
1997''.
SEC. 2. 50 PERCENT OF FEDERAL BUDGET SURPLUS TO REIMBURSE EMPLOYERS AND
EMPLOYEES FOR A PORTION OF THEIR SOCIAL SECURITY TAXES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. CREDIT FOR PORTION OF SOCIAL SECURITY TAXES.
``(a) Allowance of Credit.--In the case of a taxable year to which
this section applies, there shall be allowed as a credit against the
tax imposed by this subtitle for the taxable year an amount equal to
the applicable percentage of the taxpayer's social security taxes for
the taxable year.
``(b) Taxable Years to Which Section Applies.--This section shall
apply to any taxable year beginning in the first calendar year
beginning after a fiscal year if there is a Federal budget surplus for
such fiscal year of more than $1,000,000,000.
``(c) Applicable Percentage.--For purposes of this section--
``(1) In general.--The term `applicable percentage' means--
``(A) the base percentage with respect to so much
of the taxpayer's social security taxes as does not
exceed $3,000, and
``(B) the phasedown percentage with respect to so
much of the taxpayer's social security taxes as exceeds
$3,000.
``(2) Base percentage.--The term `base percentage' means,
for taxable years beginning in a calendar year, the percentage
which the Secretary estimates will result in a reduction of
revenues to the Treasury by reason of this section for such
taxable year equal to 50 percent of the Federal budget surplus
for the most recent fiscal year ending before such calendar
year. Proper adjustments shall be made in the percentage
determined under the preceding sentence with respect to any
subsequent fiscal year to the extent that prior estimates were
in excess of or less than the proper percentage.
``(3) Phasedown percentage.--The term `phasedown
percentage' means the base percentage reduced (but not below
zero) by the number of percentage points which bears the same
ratio to the base percentage as--
``(A) the excess of the taxpayer's social security
taxes over $3,000 bears to
``(B) the excess of the maximum social security
taxes over $3,000.
``(4) Maximum social security taxes.--The term `maximum
social security taxes' means the amount which would be the
social security taxes of the taxpayer if the amount on which
such taxes are determined were equal to the maximum amount of
remuneration which may be taken into account under section
3101(a).
``(5) Special rules.--
``(A) Dollar limitations on per employee basis.--
The dollar limitations in paragraphs (1) and (3) shall
be applied on a per employee basis.
``(B) Self-employed individuals.--Paragraphs (1)
and (3) shall be applied by substituting `$6,000' for
`$3,000' each place it appears in the case of the taxes
referred to in subparagraph (C) or (D) of subsection
(d)(1).
``(d) Social Security Taxes.--For purposes of this section--
``(1) In general.--The term `social security taxes' means,
with respect to any taxpayer for any taxable year--
``(A) the taxes imposed by sections 3101 and
3201(a) (relating to taxes on employees) on amounts
received by the taxpayer during the calendar year in
which the taxable year begins,
``(B) the taxes imposed by sections 3111 and
3221(a) (relating to taxes on employers) on amounts
paid by the taxpayer during the calendar year in which
the taxable year begins,
``(C) the taxes imposed by section 1401 on the
self-employment income of the taxpayer for the taxable
year, and
``(D) the taxes imposed by section 3211(a)(1) on
amounts received by the taxpayer during the calendar
year in which the taxable year begins.
``(2) Coordination with special refund of social security
taxes.--The term `social security taxes' shall not include any
taxes to the extent the taxpayer is entitled to a special
refund of such taxes under section 6413(c).
``(3) Special rule.--Any amounts paid pursuant to an
agreement under section 3121(l) (relating to agreements entered
into by American employers with respect to foreign affiliates)
which are equivalent to the taxes referred to in paragraph
(1)(A) shall be treated as taxes referred to in such
paragraph.''
(b) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 35 and inserting the following:
``Sec. 35. Credit for portion of social
security taxes.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
SEC. 3. APPROPRIATION TO USE 25 PERCENT OF FEDERAL BUDGET SURPLUS TO
REDUCE OUTSTANDING PUBLIC DEBT.
There is hereby appropriated for the first fiscal year following
each fiscal year for which there is a Federal budget surplus an amount
equal to 25 percent of such surplus for purpose of paying at maturity,
or to redeem or buy before maturity, obligations of the Government
included in the public debt. An obligation of the Government that is
paid, redeemed, or bought with funds appropriated by the preceding
sentence shall be canceled and retired and may not be reissued.
SEC. 4. USE 25 PERCENT OF FEDERAL BUDGET SURPLUS TO INCREASE NONDEFENSE
DISCRETIONARY SPENDING LIMITS.
For the first fiscal year following each fiscal year for which
there is a Federal budget surplus, the Director of the Office of
Management and Budget shall increase (on a pro rata basis between the
applicable nondefense categories for that fiscal year) the
discretionary spending limit for new budget authority under section
251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985
by an amount equal to 25 percent of such surplus and shall adjust the
outlays flowing from that budget authority accordingly. | Budget Surplus Dividend Act of 1997 - Amends the Internal Revenue Code to allocate credits to taxpayers for social security taxes, during any year in which there is a Federal budget surplus of more than $1 billion, so as to utilize 50 percent of such surplus. Requires that, during any such year, the remainder of such surplus shall be split and used to: (1) reduce the outstanding public debt; and (2) increase nondefense discretionary spending limits. | {"src": "billsum_train", "title": "Budget Surplus Dividend Act of 1997"} | 1,492 | 97 | 0.502538 | 1.215994 | 0.624345 | 2.384615 | 14.296703 | 0.868132 |
SECTION 1. AMENDMENT TO DEFINITION OF INDIAN TRIBE.
Section 8(a)(13) of the Small Business Act (15 U.S.C. 637(a)(13))
is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(2) by striking ``the term `Indian tribe' means'' and
inserting the following: ``the term `Indian tribe'--
``(A) means'';
(3) by striking ``, including any Alaska Native village or
regional or village corporation (within the meaning of the
Alaska Native Claims Settlement Act)'';
(4) in subparagraph (A)(i), as so designated, by striking
``, or'' and inserting ``; or'';
(5) by striking the period at the end and inserting ``;
and''; and
(6) by adding at the end the following:
``(B) does not include an Alaska Native Corporation
or Alaska Native Village.''.
SEC. 2. SOCIAL AND ECONOMIC DISADVANTAGE.
(a) In General.--Section 29(e) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1626(e)) is amended--
(1) in paragraph (1), by striking ``For all purposes of''
and inserting ``Except as provided in paragraph (5), for all
purposes of'';
(2) in paragraph (2), by striking ``For all purposes of''
and inserting ``Except as provided in paragraph (5), for all
purposes of''; and
(3) by adding at the end the following:
``(5) For purposes of sections 7(j)(10) and 8(a) of the Small
Business Act (15 U.S.C. 636(j)(10) and 637(a)), whether a Native
Corporation or Native village or a direct and indirect subsidiary
corporation, joint venture, or partnership of a Native Corporation or
Native village is socially or economically disadvantaged shall be
determined in accordance with paragraph (5) or (6), respectively, of
section 8(a) of the Small Business Act.''.
(b) Standards.--Section 8(a) of the Small Business Act (15 U.S.C.
637(a)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) in subclause (II), by striking
``or'' at the end; and
(II) by adding at the end the
following:
``(IV) a socially and economically disadvantaged
Alaska Native Corporation or Alaska Native Village,
or''; and
(ii) in clause (ii)--
(I) in subclause (II), by striking
``or'' at the end;
(II) in subclause (III), by
striking the period at the end and
inserting ``, or''; and
(III) by adding at the end the
following:
``(IV) a socially and economically disadvantaged
Alaska Native Corporation or Alaska Native Village.'';
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``or'' at
the end;
(ii) in clause (iii), by striking the
period at the end and inserting ``, or''; and
(iii) by adding at the end the following:
``(iv) members of a socially and economically disadvantaged
Alaska Native Corporation or Alaska Native Village described in
subparagraph (A)(i)(IV) or subparagraph (A)(ii)(IV).''; and
(C) by adding at the end the following:
``(D) The Administrator may not waive the requirement under this
paragraph that the management and daily business operations of a
business concern participating in the program under this subsection are
controlled by one or more socially and economically disadvantaged
individuals for a business concern owned by an Alaska Native
Corporation or Alaska Native Village.'';
(2) in paragraph (5)--
(A) by inserting ``(A)'' after ``(5)''; and
(B) by adding at the end the following:
``(B) For purposes of this subsection and section 7(j)(10), the
Administrator shall determine whether an Alaska Native Corporation or
Alaska Native Village is, as an entity, socially disadvantaged in
accordance with the factors described in subparagraph (A).''; and
(3) in paragraph (6), by adding at the end the following:
``(F) For purposes of this subsection and section 7(j)(10), the
Administrator shall annually determine whether an Alaska Native
Corporation or Alaska Native Village is economically disadvantaged in
the same manner as for an applicant for or participant in the program
under this subsection that is a Native Hawaiian organization.''.
SEC. 3. AFFILIATION.
Section 7(j)(10)(J)(ii)(II) of the Small Business Act (15 U.S.C.
636(j)(10)(J)(ii)(II)) is amended by inserting ``, as defined in
section 8(a)(13)'' after ``Indian tribe''.
SEC. 4. SOLE SOURCE CONTRACTING DOLLAR LIMITS.
(a) Competitive Thresholds.--Not later than 270 days after the date
of enactment of this Act, the Administrator shall amend the regulations
issued under sections 7(j)(10) and 8(a) of the Small Business Act (15
U.S.C. 636(j)(10) and 637(a)) in accordance with this Act and the
amendments made by this Act to apply to small business concerns owned
by an Alaska Native Corporation or Alaska Native Village the
competitive thresholds for awarding sole source contracts under section
8(a)(1)(D) of the Small Business Act (15 U.S.C. 637(a)(1)(D)) that are
applicable to small business concerns that are owned by a socially and
economically disadvantaged individual.
(b) Maximum Total Dollar Amount.--Section 8(a)(1)(D) of the Small
Business Act (15 U.S.C. 637(a)(1)(D)) is amended by adding at the end
the following:
``(iii) For purposes of eligibility for the award
of a contract on the basis of restricted competition
under this subparagraph, the Administrator may not
establish a maximum total dollar amount of such awards
during the period of Program Participation for
participants that are owned by an Alaska Native
Corporation or Alaska Native Village that is different
from the amount for Program Participants that are owned
by a socially and economically disadvantaged
individual.''.
SEC. 5. ONE TIME ELIGIBILITY.
Section 7(j)(11)(B)(iii) of the Small Business Act (15 U.S.C.
636(j)(11)(B)(iii)) is amended in the matter preceding subclause (I) by
inserting ``(as defined in section 8(a)(13))'' after ``Indian tribe''.
SEC. 6. GRADUATION.
(a) In General.--Section 7(j)(15) of the Small Business Act (15
U.S.C. 636(j)(15)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ``(A)'' after ``(15)''; and
(3) by adding at the end the following:
``(B) The Administrator may not extend or waive the time
limitations under this paragraph for a business concern owned by an
Alaska Native Corporation or Alaska Native Village.''.
(b) Technical and Conforming Amendments.--The Small Business Act
(15 U.S.C. 631 et seq.) is amended--
(1) in section 7(j) (15 U.S.C. 636(j))--
(A) in paragraph (10)(E)(ii), by striking
``paragraph (15)'' and inserting ``paragraph (15)(A)'';
and
(B) in paragraph (11)(D), by striking ``paragraph
(15)'' and inserting ``paragraph (15)(A)''; and
(2) in section 8(a)(1)(C) (15 U.S.C. 637(a)(1)(C)), in the
matter preceding clause (i), by striking ``section 7(j)(15)''
and inserting ``section 7(j)(15)(A)''.
SEC. 7. REPORTING.
Section 8(a)(6)(B) of the Small Business Act (15 U.S.C.
637(a)(6)(B)) is amended--
(1) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively;
(2) by inserting ``(i)'' after ``(B)''; and
(3) by adding at the end the following:
``(ii) The annual report submitted under clause (i) by a Program
Participant that is an Alaska Native Corporation or Alaska Native
Village shall include, for the period addressed by the report--
``(I) the total revenue of the Alaska Native Corporation or
Alaska Native Village;
``(II) the revenue of the Alaska Native Corporation or
Alaska Native Village attributable to the participation of the
Alaska Native Corporation or Alaska Native Village in the
program under this subsection; and
``(III) the total amount of benefits paid to shareholders
of the Alaska Native Corporation or Alaska Native Village.''.
SEC. 8. REGULATIONS.
Not later than 270 days after the date of enactment of this Act,
the Administrator shall amend the regulations issued under sections
7(j)(10) and 8(a) of the Small Business Act (15 U.S.C. 636(j)(10) and
637(a)) in accordance with this section and the amendments made by this
section, which shall include--
(1) establishing criteria for determining whether an Alaska
Native Corporation or Alaska Native Village is, as a group,
socially disadvantaged, in accordance with the factors
described in section 8(a)(5)(A) of the Small Business Act, as
so designated by this Act;
(2) establishing criteria for determining whether an Alaska
Native Corporation, Alaska Native Village, or Native Hawaiian
Organization is economically disadvantaged;
(3) repealing the provision that excludes certain
affiliates of an Alaska Native Corporation or Alaska Native
Village in determining whether a business is a small business
concern;
(4) repealing the waiver for Alaska Native Corporations and
Alaska Native Villages of the requirement that the management
and daily business operations of a business concern
participating in the program under section 8(a) of the Small
Business Act (15 U.S.C. 637(a)) are controlled by one or more
socially and economically disadvantaged individuals;
(5) applying to small business concerns owned by an Alaska
Native Corporation or Alaska Native Village the limitation on
eligibility for a sole source award under section 8(a)(1)(D) of
the Small Business Act (15 U.S.C. 637(a)(1)(D)) based on the
maximum total amount of competitive and sole source awards
under such section 8(a) that are applicable to small business
concerns that are owned by a socially and economically
disadvantaged individual;
(6) prohibiting a single Alaska Native Corporation or
Alaska Native Village from conferring eligibility to
participate in the program under section 8(a) of the Small
Business Act (15 U.S.C. 637(a)) on more than 1 small business
concern at any one time; and
(7) applying to small business concerns owned by an Alaska
Native Corporation or Alaska Native Village the limitation on
ownership of other firms participating in the program under
section 8(a) of the Small Business Act (15 U.S.C. 637(a)) that
is applicable to small business concerns that are owned by a
socially and economically disadvantaged individual.
SEC. 9. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the terms ``Alaska Native Corporation'' and ``Alaska
Native Village'' have the meanings given those terms in section
3(p)(6) of the Small Business Act (15 U.S.C. 632(p)(6));
(3) the term ``Native Hawaiian Organization'' has the
meaning given that term in section 8(a)(15) of the Small
Business Act (15 U.S.C. 637(a)(15)); and
(4) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632). | Amends the Small Business Act to exclude from the definition of "Indian tribe" any Alaska Native Corporation (ANC) or Alaska Native Village (ANV).
Amends the Alaska Native Claims Settlement Act to provide that, for purposes of eligibility for procurement contracts provided through the Small Business Administration (SBA), whether an ANC or ANV is socially or economically disadvantaged shall be determined by the SBA Administrator according to eligibility standards for SBA 8(a) general small business loans. Makes members of socially and economically disadvantaged ANCs or ANVs eligible for such loans.
Directs the Administrator to apply to small businesses owned by an ANC or ANV the competitive thresholds for awarding SBA sole source contracts that are applicable to small businesses owned and controlled by socially and economically disadvantaged individuals.
Prohibits the Administrator from extending or waiving, for small businesses owned by an ANC or ANV, the time limitations applicable to participants in the small business capital ownership development program. Outlines annual report requirements for program participants who are ANCs or ANVs.
Requires the Administrator to amend SBA regulations to incorporate amendments made by this Act. | {"src": "billsum_train", "title": "To eliminate the preferences and special rules for Alaska Native Corporations under the program under section 8(a) of the Small Business Act."} | 2,914 | 251 | 0.542628 | 1.524347 | 0.827171 | 2.120773 | 11.855072 | 0.777778 |
SECTION 1. TREATMENT OF LOTTERY WINNINGS AND OTHER LUMP-SUM INCOME FOR
PURPOSES OF INCOME ELIGIBILITY UNDER MEDICAID.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)(17), by striking ``(e)(14), (e)(14)''
and inserting ``(e)(14), (e)(15)''; and
(2) in subsection (e)--
(A) in paragraph (14) (relating to modified
adjusted gross income), by adding at the end the
following new subparagraph:
``(J) Treatment of certain lottery winnings and
income received as a lump sum.--
``(i) In general.--In the case of an
individual who is the recipient of qualified
lottery winnings (pursuant to lotteries
occurring on or after January 1, 2018) or
qualified lump sum income (received on or after
such date) and whose eligibility for medical
assistance is determined based on the
application of modified adjusted gross income
under subparagraph (A), a State shall, in
determining such eligibility, include such
winnings or income (as applicable) as income
received--
``(I) in the month in which such
winnings or income (as applicable) is
received if the amount of such winnings
or income is less than $60,000;
``(II) over a period of two months
if the amount of such winnings or
income (as applicable) is greater than
or equal to $60,000 but less than
$70,000;
``(III) over a period of three
months if the amount of such winnings
or income (as applicable) is greater
than or equal to $70,000 but less than
$80,000; and
``(IV) over an additional one-month
period for each increment of $10,000 of
such winnings or income (as applicable)
received, not to exceed 120 months (for
winnings or income of $1,240,000 or
more), if the amount of such winnings
or income is greater than or equal to
$80,000.
``(ii) Counting in equal installments.--For
purposes of clause (i), winnings or income to
which such clause applies shall be counted in
equal monthly installments over the applicable
period of months specified in such clause.
``(iii) Qualified lottery winnings
defined.--In this subparagraph, the term
`qualified lottery winnings' means winnings
from a sweepstakes, lottery, or pool described
in paragraph (3) of section 4402 of the
Internal Revenue Code of 1986 or a lottery
operated by a multistate or multijurisdictional
lottery association, including amounts awarded
as a lump sum payment.
``(iv) Qualified lump sum income defined.--
In this subparagraph, the term `qualified lump
sum income' means income that is received as a
lump sum from one of the following sources:
``(I) Monetary winnings from
gambling (as defined by the Secretary
and including gambling activities
described in section 1955(b)(4) of
title 18, United States Code).
``(II) Damages received, whether by
suit or agreement and whether as lump
sums or as periodic payments (other
than monthly payments), on account of
causes of action other than causes of
action arising from personal physical
injuries or physical sickness.
``(III) Income received as liquid
assets from the estate (as defined in
section 1917(b)(4)) of a deceased
individual.''; and
(B) by striking ``(14) Exclusion'' and inserting
``(15) Exclusion''.
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a)(2)(A) shall be construed as preventing a State from
intercepting the State lottery winnings awarded to an individual in the
State to recover amounts paid by the State under the State Medicaid
plan under title XIX of the Social Security Act for medical assistance
furnished to the individual. | This bill amends title XIX (Medicaid) to specify how a state must treat qualified lottery winnings and lump sum income for purposes of determining an individual's income-based eligibility for a state Medicaid program. Specifically, a state shall include such winnings or income as income received: (1) in the month in which it was received, if the amount is less than $60,000; (2) over a period of two months, if the amount is at least $60,000 but less than $70,000; (3) over a period of three months, if the amount is at least $70,000 but less than $80,000; and (4) over an additional one-month period for each increment of $10,000 received, not to exceed 120 months. Qualified lump sum income includes: (1) monetary winnings from gambling; (2) damages received in lump sums or periodic payments, excluding monthly payments, on account of causes of action other than those arising from personal physical injuries or sickness; and (3) income received as liquid assets from the estate of a deceased individual. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to clarify the treatment of lottery winnings and other lump sum income for purposes of income eligibility under the Medicaid program, and for other purposes."} | 916 | 250 | 0.614646 | 1.926613 | 0.676479 | 3.330097 | 3.961165 | 0.912621 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Citizen Debt
Reduction Contribution Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Sense of the Congress.
Sec. 3. Income tax refunds.
Sec. 4. Donation of social security benefits for purposes of reducing
the Federal deficit.
Sec. 5. Donation of military retirement benefits for purposes of
reducing the Federal deficit.
Sec. 6. Donation of veterans' disability compensation for purposes of
reducing the Federal deficit.
Sec. 7. Budgetary treatment of savings resulting from this Act.
SEC. 2. SENSE OF THE CONGRESS.
It is the sense of the Congress that any budget savings resulting
from this Act should be used solely to reduce net Government spending.
Congress appreciates and respects the contributions made by citizens
participating in the programs authorized by this Act, and shares their
concerns at excessive Government spending.
SEC. 3. INCOME TAX REFUNDS.
(a) General Rule.--Subchapter A of chapter 61 of the Internal
Revenue Code of 1986 (relating to returns and records) is amended by
adding at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX OVERPAYMENTS TO BE USED TO REDUCE
PUBLIC DEBT
``Sec. 6097. Designation of income tax
overpayments.
``SEC. 6097. DESIGNATION OF INCOME TAX OVERPAYMENTS.
``(a) General Rule.--Every taxpayer who makes a return of the tax
imposed by chapter 1 for any taxable year may designate that a
specified portion (not less than $1) of any overpayment of tax for such
taxable year shall be used to reduce the public debt of the United
States.
``(b) Manner and Time of Designation.--Any designation under
subsection (a) for any taxable year shall be made--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, and
``(2) in such manner as the Secretary may by regulation
prescribe, 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) Treatment of Amounts Designated.--For purposes of this title,
the amount designated by any taxpayer under subsection (a)--
``(1) shall be treated as being refunded to such taxpayer
as of the last date prescribed for filing the return of tax
imposed by chapter 1 (determined without regard to extensions)
or, if later, the date the return is filed, and
``(2) shall be treated as a contribution made by such
taxpayer on such date to the United States.''
(b) Transfer of Designated Amounts For Deficit Reduction.--The
Secretary of the Treasury shall, from time to time, transfer to the
special account described in section 3113(d) of title 31, United States
Code, the amounts designated under section 6097 of the Internal Revenue
Code of 1986 to be used to reduce the public debt of the United States.
(c) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of such Code is amended by adding at the end the following
new item:
``Part IX. Designation of income tax
overpayments to be used to
reduce public debt.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 4. DONATION OF SOCIAL SECURITY BENEFITS FOR PURPOSES OF REDUCING
THE FEDERAL DEFICIT.
Section 201(i) of the Social Security Act (42 U.S.C. 401(i)) is
amended--
(1) in paragraph (1), by inserting ``(A)'' after ``(1)'';
(2) in paragraph (2), by striking ``paragraph (1)'' and
inserting ``subparagraph (A)'', and by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively;
(3) by redesignating paragraph (2) as subparagraph (B); and
(4) by adding at the end the following new paragraph:
``(2)(A) The Commissioner of Social Security shall establish a
program under which recipients of monthly insurance benefits under this
title may elect to have the Commissioner, in lieu of certification of
payment of benefits to the recipient pursuant to section 205(i),
certify to the Managing Trustee that all or a designated portion of
such benefits be transferred to the general fund of the Treasury as a
gift which the Managing Trustee is authorized, as Secretary of the
Treasury, to accept as a gift under subsection (a)(1)(A) of section
3113 of title 31, United States Code (relating to accepting gifts for
reducing the public debt).
``(B) Amounts to which an election under subparagraph (A) applies
shall not be includible in gross income for purposes of the Internal
Revenue Code of 1986. No deduction shall be allowed under such Code
with respect to any amount which is not includible in gross income by
reason of the preceding sentence.''
SEC. 5. DONATION OF MILITARY RETIREMENT BENEFITS FOR PURPOSES OF
REDUCING THE FEDERAL DEFICIT.
(a) In General.--Chapter 71 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1413. Donations for purposes of reducing the public debt
``(a) The Secretary concerned shall establish a program under which
a member or former member of the armed forces under the jurisdiction of
the Secretary who is entitled to receive retired or retainer pay may
elect that all or a designated portion of such pay for any month be
transferred to the general fund of the Treasury as a gift to reduce the
public debt. Any such election may be revoked at any time.
``(b) For any month for which an election under subsection (a) is
in effect, the Secretary concerned shall withhold from the retired or
retainer pay of the person making the election the amount designated by
that person in such election and shall transfer the amount so withheld
to the Secretary of the Treasury.
``(c) The Secretary of the Treasury is authorized to accept any
amount transferred to the Secretary under this section as a gift under
subsection (a)(1)(A) of section 3113 of title 31 (relating to accepting
gifts for reducing the public debt).
``(d) Amounts to which an election under subsection (a) applies
shall not be includible in gross income for purposes of the Internal
Revenue Code of 1986. No deduction shall be allowed under such Code
with respect to any amount which is not includible in gross income by
reason of the preceding sentence.''
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1413. Donations for purposes of reducing the public debt.''.
SEC. 6. DONATION OF VETERANS' DISABILITY COMPENSATION FOR PURPOSES OF
REDUCING THE FEDERAL DEFICIT.
(a) In General.--Chapter 53 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 5320. Donations of compensation for purposes of reducing the
public debt
``(a) The Secretary shall establish a program under which a veteran
who is entitled to compensation may elect that all or a designated
portion of such compensation for any month be transferred to the
general fund of the Treasury as a gift to reduce the public debt. Any
such election may be revoked at any time.
``(b) For any month for which an election under subsection (a) is
in effect, the Secretary shall withhold from the compensation payable
to the veteran making the election the amount designated by the veteran
in such election and shall transfer the amount so withheld to the
Secretary of the Treasury.
``(c) The Secretary of the Treasury is authorized to accept any
amount transferred to the Secretary under this section as a gift under
subsection (a)(1)(A) of section 3113 of title 31 (relating to accepting
gifts for reducing the public debt).
``(d) Amounts to which an election under subsection (a) applies
shall not be includible in gross income for purposes of the Internal
Revenue Code of 1986. No deduction shall be allowed under such Code
with respect to any amount which is not includible in gross income by
reason of the preceding sentence.''
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``5320. Donations of compensation for purposes of reducing the public
debt.''.
SEC. 7. BUDGETARY TREATMENT OF SAVINGS RESULTING FROM THIS ACT.
Savings resulting from the enactment of this Act shall not be
considered for purposes of estimates made for this Act under section
252(d) of the Balanced Budget and Emergency Deficit Control Act of
1985. | Citizen Debt Reduction Contribution Act - Provides that individuals otherwise entitled to receive payments from the Federal Government may specify that a portion of those payments be used for deficit reduction.
Expresses the sense of the Congress that any budget savings resulting from this Act should be used solely to reduce net Government spending.
Amends the Internal Revenue Code to allow taxpayers to designate a specified portion (not less than $1) of their income tax overpayments to be used to reduce U.S. public debt.
Amends the Social Security Act to direct the Commissioner of Social Security to establish a program to allow recipient donation, by way of designation for transfer to the general fund of the Treasury, of certain social security benefit payments to reduce the public debt.
Amends Federal law relating to military personnel to provide for a program of allowing members or former members of the armed forces to donate designated portions of their military retirement benefits to reduce the public debt.
Amends Federal law relating to veterans to provide for a program of allowing veterans to donate designated portions of their veterans' disability compensation to reduce the public debt.
Provides that savings resulting from the enactment of this Act shall not be considered for purposes of estimates made for this Act under specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings). | {"src": "billsum_train", "title": "Citizen Debt Reduction Contribution Act"} | 2,075 | 295 | 0.586598 | 1.580096 | 0.844999 | 4.559055 | 7.295276 | 0.834646 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Russian-American Trust and
Cooperation Act of 2001''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Government of the Russian Federation maintains an
agreement with the Government of Cuba which allows Russia to
operate an intelligence facility at Lourdes, Cuba.
(2) The Secretary of Defense has formally expressed
concerns to the Congress regarding the espionage complex at
Lourdes, Cuba, and its use as a base for intelligence
activities directed against the United States.
(3) The Secretary of Defense, referring to a 1998 Defense
Intelligence Agency assessment, has reported that the Russian
Federation leases the Lourdes facility for an estimated
$100,000,000 to $300,000,000 a year.
(4) It has been reported that the Lourdes facility is the
largest such complex operated by the Russian Federation and its
intelligence service outside the region of the former Soviet
Union.
(5) The Lourdes facility is reported to cover a 28 square-
mile area with over 1,500 Russian engineers, technicians, and
military personnel working at the base.
(6) Experts familiar with the Lourdes facility have
reportedly confirmed that the base has multiple groups of
tracking dishes and its own satellite system, with some groups
used to intercept telephone calls, faxes, and computer
communications, in general, and with other groups used to cover
targeted telephones and devices.
(7) News sources have reported that the predecessor regime
to the Government of the Russian Federation had obtained
sensitive information about United States military operations
during Operation Desert Storm through the Lourdes facility.
(8) Former United States National Security Agency officials
have been quoted describing the Lourdes facility as an
``intelligence cornucopia'' which lies within the ``footprint''
of every United States communications satellite.
(9) Public reports relating to the Lourdes facility state
that Defense Intelligence Agency officials testified to the
Senate Select Committee on Intelligence in 1996 that ``while
commercial intelligence [gathered at the facility] is the top
priority, it is not the only one . . . Personal information
about U.S. citizens in private and government sectors is also
snatched from the airwaves and used by Russian intelligence to
identify promising recruits in these sectors.''.
(10) It has been reported that the operational significance
of the Lourdes facility has grown dramatically since February
7, 1996, when then Russian President, Boris Yeltsin, issued an
order demanding that the Russian intelligence community
increase its gathering of United States and other Western
economic and trade secrets.
(11) It has been reported that the Government of the
Russian Federation is estimated to have spent in excess of
$3,000,000,000 in the operation and modernization of the
Lourdes facility.
(12) Colonel General Mikhail Kolenik, Russia's current
chief of staff, has affirmed during his visits to the Lourdes
facility that this espionage base remains critical to the
intelligence needs of the Russian Federation.
(13) The December 2000 visit of Russian President Putin to
Cuba was described by United States analysts as a ``diplomatic
offensive'' to strengthen and expand Russia's ties with its
former satellite in Latin America.
SEC. 3. PROHIBITION ON BILATERAL DEBT RESCHEDULING AND FORGIVENESS FOR
THE RUSSIAN FEDERATION.
(a) Prohibition.--Notwithstanding any other provision of law, the
President--
(1) shall not reschedule or forgive any outstanding
bilateral debt owed to the United States by the Government of
the Russian Federation, and
(2) shall instruct the United States representative to the
Paris Club of official creditors to use the voice and vote of
the United States to oppose rescheduling or forgiveness of any
outstanding bilateral debt owed by the Government of the
Russian Federation,
until the President certifies to the Congress that the Government of
the Russian Federation has ceased all its operations at, removed all
personnel from, and permanently closed the intelligence facility at
Lourdes, Cuba.
(b) Waiver.--The President may waive the application of subsection
(a)(1) with respect to rescheduling of outstanding bilateral debt if--
(1) the President determines that such waiver is necessary
to the national interests of the United States; and
(2) not less than 10 days before the waiver is to take
effect, the President transmits to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a written
certification that contains the determination made pursuant to
paragraph (1) and the reasons therefor. | Russian-American Trust and Cooperation Act of 2001 - Directs the President, until he certifies to Congress that the Government of the Russian Federation has ceased all operations at, removed all personnel from, and permanently closed the intelligence facility at Lourdes, Cuba, to: (1) neither reschedule nor forgive any outstanding bilateral debt owed by the Government of the Russian Federation to the United States; and (2) instruct the U.S. representative to the Paris Club of official creditors to use the U.S. vote to oppose rescheduling or forgiveness of any outstanding bilateral debt owed by such government. Authorizes the President to waive the requirements of this Act if it is in the national interests of the United States. | {"src": "billsum_train", "title": "To prohibit the rescheduling or forgiveness of any outstanding bilateral debt owed to the United States by the Government of the Russian Federation until the President certifies to the Congress that the Government of the Russian Federation has ceased all its operations at, removed all personnel from, and permanently closed the intelligence facility at Lourdes, Cuba."} | 983 | 158 | 0.438729 | 1.468286 | 0.705197 | 4.48855 | 7.015267 | 0.946565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Expropriated Art Recovery
Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is estimated that the Nazis confiscated or otherwise
misappropriated hundreds of thousands of works of art and other
property throughout Europe as part of their genocidal campaign
against the Jewish people and other persecuted groups. This has
been described as the ``greatest displacement of art in human
history''.
(2) Following World War II, the United States and its allies
attempted to return the stolen artworks to their countries of
origin. Despite these efforts, many works of art were never
reunited with their owners. Some of the art has since been
discovered in the United States.
(3) In 1998, the United States convened a conference with 43
other nations in Washington, DC, known as the Washington
Conference, which produced Principles on Nazi-Confiscated Art. One
of these principles is that ``steps should be taken expeditiously
to achieve a just and fair solution'' to claims involving such art
that has not been restituted if the owners or their heirs can be
identified.
(4) The same year, Congress enacted the Holocaust Victims
Redress Act (Public Law 105-158, 112 Stat. 15), which expressed the
sense of Congress that ``all governments should undertake good
faith efforts to facilitate the return of private and public
property, such as works of art, to the rightful owners in cases
where assets were confiscated from the claimant during the period
of Nazi rule and there is reasonable proof that the claimant is the
rightful owner.''.
(5) In 2009, the United States participated in a Holocaust Era
Assets Conference in Prague, Czech Republic, with 45 other nations.
At the conclusion of this conference, the participating nations
issued the Terezin Declaration, which reaffirmed the 1998
Washington Conference Principles on Nazi-Confiscated Art and urged
all participants ``to ensure that their legal systems or
alternative processes, while taking into account the different
legal traditions, facilitate just and fair solutions with regard to
Nazi-confiscated and looted art, and to make certain that claims to
recover such art are resolved expeditiously and based on the facts
and merits of the claims and all the relevant documents submitted
by all parties.''. The Declaration also urged participants to
``consider all relevant issues when applying various legal
provisions that may impede the restitution of art and cultural
property, in order to achieve just and fair solutions, as well as
alternative dispute resolution, where appropriate under law.''.
(6) Victims of Nazi persecution and their heirs have taken
legal action in the United States to recover Nazi-confiscated art.
These lawsuits face significant procedural obstacles partly due to
State statutes of limitations, which typically bar claims within
some limited number of years from either the date of the loss or
the date that the claim should have been discovered. In some cases,
this means that the claims expired before World War II even ended.
(See, e.g., Detroit Institute of Arts v. Ullin, No. 06-10333, 2007
WL 1016996 (E.D. Mich. Mar. 31, 2007).) The unique and horrific
circumstances of World War II and the Holocaust make statutes of
limitations especially burdensome to the victims and their heirs.
Those seeking recovery of Nazi-confiscated art must painstakingly
piece together their cases from a fragmentary historical record
ravaged by persecution, war, and genocide. This costly process
often cannot be done within the time constraints imposed by
existing law.
(7) Federal legislation is needed because the only court that
has considered the question held that the Constitution prohibits
States from making exceptions to their statutes of limitations to
accommodate claims involving the recovery of Nazi-confiscated art.
In Von Saher v. Norton Simon Museum of Art, 592 F.3d 954 (9th Cir.
2009), the United States Court of Appeals for the Ninth Circuit
invalidated a California law that extended the State statute of
limitations for claims seeking recovery of Holocaust-era artwork.
The Court held that the law was an unconstitutional infringement of
the Federal Government's exclusive authority over foreign affairs,
which includes the resolution of war-related disputes. In light of
this precedent, the enactment of a Federal law is necessary to
ensure that claims to Nazi-confiscated art are adjudicated in
accordance with United States policy as expressed in the Washington
Conference Principles on Nazi-Confiscated Art, the Holocaust
Victims Redress Act, and the Terezin Declaration.
(8) While litigation may be used to resolve claims to recover
Nazi-confiscated art, it is the sense of Congress that the private
resolution of claims by parties involved, on the merits and through
the use of alternative dispute resolution such as mediation panels
established for this purpose with the aid of experts in provenance
research and history, will yield just and fair resolutions in a
more efficient and predictable manner.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To ensure that laws governing claims to Nazi-confiscated
art and other property further United States policy as set forth in
the Washington Conference Principles on Nazi-Confiscated Art, the
Holocaust Victims Redress Act, and the Terezin Declaration.
(2) To ensure that claims to artwork and other property stolen
or misappropriated by the Nazis are not unfairly barred by statutes
of limitations but are resolved in a just and fair manner.
SEC. 4. DEFINITIONS.
In this Act:
(1) Actual discovery.--The term ``actual discovery'' means
knowledge.
(2) Artwork or other property.--The term ``artwork or other
property'' means--
(A) pictures, paintings, and drawings;
(B) statuary art and sculpture;
(C) engravings, prints, lithographs, and works of graphic
art;
(D) applied art and original artistic assemblages and
montages;
(E) books, archives, musical objects and manuscripts
(including musical manuscripts and sheets), and sound,
photographic, and cinematographic archives and mediums; and
(F) sacred and ceremonial objects and Judaica.
(3) Covered period.--The term ``covered period'' means the
period beginning on January 1, 1933, and ending on December 31,
1945.
(4) Knowledge.--The term ``knowledge'' means having actual
knowledge of a fact or circumstance or sufficient information with
regard to a relevant fact or circumstance to amount to actual
knowledge thereof.
(5) Nazi persecution.--The term ``Nazi persecution'' means any
persecution of a specific group of individuals based on Nazi
ideology by the Government of Germany, its allies or agents,
members of the Nazi Party, or their agents or associates, during
the covered period.
SEC. 5. STATUTE OF LIMITATIONS.
(a) In General.--Notwithstanding any other provision of Federal or
State law or any defense at law relating to the passage of time, and
except as otherwise provided in this section, a civil claim or cause of
action against a defendant to recover any artwork or other property
that was lost during the covered period because of Nazi persecution may
be commenced not later than 6 years after the actual discovery by the
claimant or the agent of the claimant of--
(1) the identity and location of the artwork or other property;
and
(2) a possessory interest of the claimant in the artwork or
other property.
(b) Possible Misidentification.--For purposes of subsection (a)(1),
in a case in which the artwork or other property is one of a group of
substantially similar multiple artworks or other property, actual
discovery of the identity and location of the artwork or other property
shall be deemed to occur on the date on which there are facts
sufficient to form a substantial basis to believe that the artwork or
other property is the artwork or other property that was lost.
(c) Preexisting Claims.--Except as provided in subsection (e), a
civil claim or cause of action described in subsection (a) shall be
deemed to have been actually discovered on the date of enactment of
this Act if--
(1) before the date of enactment of this Act--
(A) a claimant had knowledge of the elements set forth in
subsection (a); and
(B) the civil claim or cause of action was barred by a
Federal or State statute of limitations; or
(2)(A) before the date of enactment of this Act, a claimant had
knowledge of the elements set forth in subsection (a); and
(B) on the date of enactment of this Act, the civil claim or
cause of action was not barred by a Federal or State statute of
limitations.
(d) Applicability.--Subsection (a) shall apply to any civil claim
or cause of action that is--
(1) pending in any court on the date of enactment of this Act,
including any civil claim or cause of action that is pending on
appeal or for which the time to file an appeal has not expired; or
(2) filed during the period beginning on the date of enactment
of this Act and ending on December 31, 2026.
(e) Exception.--Subsection (a) shall not apply to any civil claim
or cause of action barred on the day before the date of enactment of
this Act by a Federal or State statute of limitations if--
(1) the claimant or a predecessor-in-interest of the claimant
had knowledge of the elements set forth in subsection (a) on or
after January 1, 1999; and
(2) not less than 6 years have passed from the date such
claimant or predecessor-in-interest acquired such knowledge and
during which time the civil claim or cause of action was not barred
by a Federal or State statute of limitations.
(f) Rule of Construction.--Nothing in this Act shall be construed
to create a civil claim or cause of action under Federal or State law.
(g) Sunset.--This Act shall cease to have effect on January 1,
2027, except that this Act shall continue to apply to any civil claim
or cause of action described in subsection (a) that is pending on
January 1, 2027. Any civil claim or cause of action commenced on or
after that date to recover artwork or other property described in this
Act shall be subject to any applicable Federal or State statute of
limitations or any other Federal or State defense at law relating to
the passage of time.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the House passed version is repeated here.) Holocaust Expropriated Art Recovery Act of 2016 (Sec. 5) This bill allows civil claims or causes of action for the recovery of artwork or certain other property lost between January 1, 1933, and December 31, 1945, because of Nazi persecution to be commenced within six years after the claimant's actual discovery of: (1) the identity and location of the artwork or other property, and (2) a possessory interest in the artwork or property. Such statutory limitation period of six years after actual discovery preempts any other statutes of limitation or defenses relating to the passage of time. Preexisting claims known by a claimant before enactment of this bill shall be considered discovered on the date of this bill's enactment if they were barred before, or not barred on, the date of enactment. This bill applies to claims or actions that are: (1) pending on the date of this bill's enactment, including an action for which the time to file an appeal has not expired; or (2) filed after enactment but before 2027. But the bill does not apply to claims barred on the day before enactment of this bill if: (1) the claimant had knowledge on or after January 1, 1999, and (2) six years have passed from the date such claimant acquired such knowledge and during which time the claim was not barred by a statute of limitations. | {"src": "billsum_train", "title": "Holocaust Expropriated Art Recovery Act of 2016"} | 2,346 | 319 | 0.475692 | 1.705222 | 0.652596 | 3.632143 | 7.775 | 0.903571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guantanamo Bay Detention Facility
Safe Closure Act of 2009''.
SEC. 2. FINDINGS.
The Senate makes the following findings:
(1) Since the United States began its Global War on
Terrorism, terrorists have been captured by the United States
and their allies and detained in facilities at Guantanamo Bay
Detention Facility (GTMO), Cuba.
(2) The detainee complex at Guantanamo Bay, Cuba, is the
only complex in the world that can safely and humanely hold
individuals that pose a high-security risk to the United
States. It is a secure location away from population centers,
provides maximum security required to prevent escape, provides
multiple levels of confinement opportunities based on
compliance of the detainee, and provides medical care not
available to a majority of the population of the world.
(3) GTMO is the single greatest repository of human
intelligence in the war on terror. This intelligence has
prevented terrorist attacks and saved lives in the past and
continues to do so today.
(4) New intelligence being collected from detainees at GTMO
is being used to fight terrorists in Iraq, Afghanistan, and
around the globe.
(5) Intelligence information obtained from questioning
detainees includes--
(A) the organizational structure of al-Qaida and
other terrorist groups;
(B) the extent of terrorist presence in Europe, the
United States, and the Middle East;
(C) al-Qaida's pursuit of weapons of mass
destruction;
(D) methods of recruitment and locations of
recruitment centers;
(E) terrorist skill sets, including general and
specialized operative training; and
(F) how legitimate financial activities are used to
hide terrorist operations.
(6) The Expeditionary Legal Complex (ELC) located at GTMO
is the only one of its kind in the world. It provides a secure
location to secure and try detainees charged by the United
States Government, full access to sensitive and classified
information, full access to defense lawyers and prosecution,
and full media access by the press.
(7) There are on average two lawyers for every detainee
that has been charged or had charges preferred against them at
GTMO.
(8) There are 127 doctors, nurses, and medical technicians
dedicated to caring for and maintaining the health of each
detainee--a ratio of 1:2 (one health care professional for
every two detainees).
(9) GTMO is operated by the Department of Defense and only
interrogation techniques approved by the Secretary of Defense
have been used.
(10) Detainees are being treated humanely.
(11) There are no solitary confinement facilities at
Guantanamo.
(12) Water boarding has never occurred at GTMO.
(13) Current treatment and oversight exceed any maximum-
security prison in the world.
(14) Since 2002, more than 520 detainees have departed
Guantanamo for other countries, including Albania, Afghanistan,
Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt,
France, Great Britain, Iran, Iraq, Jordan, Kuwait, Libya,
Maldives, Mauritania, Morocco, Pakistan, Russia, Saudi Arabia,
Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, the United
Kingdom, and Yemen.
(15) There are approximately 245 detainees from over 30
countries remaining at GTMO. These detainees include terrorist
trainers, terrorist financiers, bomb makers, Osama bin Laden
bodyguards, recruiters and facilitators, and would-be suicide
bombers. Detainees remaining at GTMO fall into three
categories:
(A) Detainees who have been cleared for release but
the United States has not been able to find a foreign
country willing to accept them.
(B) Detainees who have been tried, had charges
referred to trial, or are awaiting for referral to
trial.
(C) Detainees who are either of high threat to the
United States or are from countries where the United
States is unable to get sufficient assurances that the
country will mitigate their threat if transferred.
(16) The Pentagon claims that 61 of released GTMO detainees
have ``returned to the fight''.
(17) Said Ali al-Shihri, suspected of involvement in the
bombing of the United States Embassy in Yemen on 17 September
2008, was released to Saudi Arabia in 2007, passed through a
Saudi rehabilitation program, and has resurfaced as the new
deputy leader of al-Qaida in Yemen.
(18) In 2007, the Senate passed a resolution, 94-3,
stating, ``detainees housed at Guantanamo should not be
released into American society, nor should they be transferred
stateside into facilities in American communities and
neighborhoods.''.
(19) On January 20, 2009, President Obama instructed
military prosecutors to seek a 120-day suspension of legal
proceedings at GTMO or what administration officials called ``a
continuance of the proceedings''.
(20) On January 22, 2009, President Obama ordered the
closing of the GTMO prisons within a year.
(21) The United States is still in a global war on terror,
engaged in armed conflict with terrorist organizations, and
will, in all probability, continue to capture terrorists who
will be detained in a facility.
(22) If the detention facility at GTMO is closed, some
United States domestic or overseas prison will have to house
these detainees while they await disposition.
SEC. 3. PROHIBITION ON USE OF FUNDS TO TRANSFER DETAINEES AT NAVAL
STATION GUANTANAMO BAY, CUBA, TO ANY FACILITY IN THE
UNITED STATES OR CONSTRUCT ANY FACILITY FOR SUCH
DETAINEES IN THE UNITED STATES.
None of the funds appropriated or otherwise made available to any
department or agency of the United States Government may be obligated
or expended for a purpose as follows:
(1) To transfer any detainee of the United States housed at
Naval Station, Guantanamo Bay, Cuba, to any facility in the
United States or its territories.
(2) To construct, improve, modify, or otherwise enhance any
facility in the United States or its territories for the
purpose of housing any detainee described in paragraph (1).
(3) To house or otherwise incarcerate any detainee
described in paragraph (1) in the United States or its
territories. | Guantanamo Bay Detention Facility Safe Closure Act of 2009 - Prohibits federal funds from being used to: (1) transfer any detainee at the Naval Station Guantanamo Bay, Cuba, to any facility in the United States or its territories; (2) construct or enhance any facility in the United States in order to house any such detainee; or (3) house or otherwise incarcerate any such detainee in the United States or its territories. | {"src": "billsum_train", "title": "A bill to prohibit the use of funds to transfer detainees of the United States at Naval Station, Guantanamo Bay, Cuba, to any facility in the United States or to construct any facility for such detainees in the United States, and for other purposes."} | 1,395 | 101 | 0.443802 | 1.1219 | 0.599926 | 4.096386 | 15.626506 | 0.963855 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Captive Wildlife Safety Act''.
SEC. 2. DEFINITION OF PROHIBITED WILDLIFE SPECIES.
Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is
amended--
(1) by redesignating subsections (g) through (j) as
subsections (h) through (k), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Prohibited wildlife species.--The term `prohibited
wildlife species' means--
``(A) any live species of lion, tiger, leopard,
cheetah, jaguar, or cougar; and
``(B) any live hybrid of any of those species.''.
SEC. 3. PROHIBITED ACTS.
(a) In General.--Section 3 of the Lacey Act Amendments of 1981 (16
U.S.C. 3372) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``,
or'' at the end and inserting a semicolon;
(ii) in subparagraph (B), by inserting
``or'' after the semicolon at the end; and
(iii) by adding at the end the following:
``(C) any prohibited wildlife species (subject to
subsection (e));'';
(B) in paragraph (3)(B), by inserting ``or'' after
the semicolon at the end; and
(C) in paragraph (4), by striking ``paragraphs (1)
through (4)'' and inserting ``paragraphs (1) through
(3)''; and
(2) by adding at the end the following:
``(e) Nonapplicability of Prohibited Wildlife Species Offense.--
``(1) In general.--Subsection (a)(2)(C) does not apply to--
``(A) any exhibitor or research facility licensed
or registered and inspected by a Federal agency;
``(B) any sanctuary, humane society, animal
shelter, or society for the prevention of cruelty to
animals that--
``(i)(I) is an organization described in
section 501(c)(3) of the Internal Revenue Code
of 1986 that is exempt from taxation under
section 501(a) of that Code; and
``(II) is an organization described in
section 170(b)(1)(A)(vi) of that Code;
``(ii) does not engage in commercial trade
of animals listed in section 2(k) (including
any sale of animals, animal parts, byproducts,
or offspring, exhibition of animals for
photograph opportunities, or conduct of public
events with live animals for financial profit
or any other entertainment purpose);
``(iii) does not propagate animals in a
facility of the sanctuary, humane society,
animal shelter, or society for the prevention
of cruelty to animals;
``(iv) does not--
``(I) allow unescorted public
visitation or direct contact between
the public and wild animals; or
``(II) take animals from a
sanctuary or enclosure for exhibition;
and
``(v) maintains exceptional standards of
animal care;
``(C) any State college, university, or agency,
State-licensed wildlife rehabilitator, or State-
licensed veterinarian;
``(D) any federally-licensed and inspected broker
or dealer in a case in which the broker or dealer is
conducting any brokering or dealing activity with a
person referred to in this paragraph; or
``(E) any person having custody of a wild animal
solely for the purpose of expeditiously transporting
the animal to a person referred to in this paragraph.
``(2) Regulations.--Not later than 180 days after the date
of enactment of this subsection, the Secretary, in cooperation
with the Director of the Animal and Plant Health Inspection
Service and in consultation with the heads of other relevant
Federal agencies, shall promulgate regulations describing the
persons or entities to which paragraph (1) applies.
``(3) State authority.--Nothing in this subsection preempts
or supersedes the authority of a State to regulate wildlife
species within that State.''.
(b) Application.--Section 3(a)(2)(C) of the Lacey Act Amendments of
1981 (as added by subsection (a)(1)(A)(iii)) shall apply beginning on
the effective date of regulations promulgated under section 3(e)(2) of
that Act (as added by subsection (a)(2)).
Passed the Senate October 31, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 269
_______________________________________________________________________
AN ACT
To amend the Lacey Act Amendments of 1981 to further the conservation
of certain wildlife species. | Captive Wildlife Safety Act - Amends the Lacey Act Amendments of 1981 to define "prohibited wildlife species" as any live species of lion, tiger, leopard, cheetah, jaguar, or cougar and any live hybrid of any such species.
Declares it a prohibited act for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any prohibited wildlife species. Exempts from this prohibition: (1) exhibitors or research facilities licensed or registered and inspected by a Federal agency; (2) sanctuaries, humane societies, animal shelters, or societies for the prevention of cruelty to animals that are tax-exempt nonprofit corporations that do not engage in commercial trade in the species (including any sale of animals, animal parts, byproducts, or offspring, exhibition of animals for photograph opportunities, or conduct of public events with live animals for financial profit or any other entertainment purpose), propagate animals, allow unescorted public visitation or direct contact between the public and wild animals, or take animals from a sanctuary or enclosure for exhibition, and maintain exceptional standards of animal care; (3) State colleges, universities, or agencies, State-licensed wildlife rehabilitators, or State-licensed veterinarians; (4) federally-licensed and inspected brokers or dealers in cases in which they are conducting any brokering or dealing activity with persons referred to in this Act; and (5) persons that have custody of the animal solely for the purpose of expeditiously transporting it to a person referred to in this Act. | {"src": "billsum_train", "title": "A bill to amend the Lacey Act Amendments of 1981 to further the conservation of certain wildlife species."} | 1,127 | 349 | 0.577473 | 1.748379 | 0.802776 | 3.929054 | 3.496622 | 0.85473 |
SECTION 1. TERMINATION OF WITHDRAWALS OF CERTAIN LANDS IN CALIFORNIA.
(a) Findings.--Congress finds that--
(1) the Act entitled ``An Act to establish the Manzanar
National Historic Site in the State of California, and for
other purposes'', approved March 3, 1992 (Public Law 102-248;
106 Stat. 40)--
(A) provided for the protection and interpretation
of the historical, cultural, and natural resources
associated with the relocation of Japanese-Americans
during World War II and established the Manzanar
National Historic Site in the State of California; and
(B) authorized the Secretary of the Interior to
acquire lands and interests in land within the
boundaries of the Historic Site by donation, purchase
with donated or appropriated funds, or exchange; and
(2) the public lands identified for disposal in the Bishop
Resource Area Resource Management Plan prepared by the Bureau
of Land Management that could be made available for exchange in
support of acquiring lands within the boundaries of the
Historic Site are currently unavailable for this purpose
because they are withdrawn from operation of the public land
laws by Act of Congress.
(b) Termination of Withdrawals.--Subject to subsection (c), to
provide a land base with which to allow land exchanges in support of
acquiring lands within the boundaries of the Manzanar National Historic
Site, California, the following lands, aggregating approximately 5,630
acres, shall not be subject to the Act of March 4, 1931 (46 Stat. 1530,
chapter 517), and the withdrawals of the lands from operation of the
public land laws are terminated:
Mount Diablo Meridian
Township 2 North, Range 26 East
Section 7:
North half south half of lot 1 of southwest quarter, north
half south half of lot 2 of southwest quarter, north half south
half southeast quarter.
Township 4 South, Range 33 East
Section 31:
Lot 1 of southwest quarter, northwest quarter northeast
quarter, southeast quarter;
Section 32:
Southeast quarter northwest quarter, northeast quarter
southwest quarter, southwest quarter southeast quarter.
Township 5 South, Range 33 East
Section 4:
West half of lot 1 of northwest quarter, west half of lot 2
of northwest quarter;
Section 5:
East half of lot 1 of northeast quarter, east half of lot 2
of northeast quarter;
Section 9:
Northwest quarter southwest quarter northeast quarter;
Section 17:
Southeast quarter northwest quarter, northwest quarter
southeast quarter;
Section 22:
Lots 1 and 2;
Section 27:
Lot 2, west half northeast quarter, southeast quarter
northwest quarter, northeast quarter southwest quarter,
northwest quarter southeast quarter;
Section 34:
Northeast quarter, northwest quarter, southeast quarter.
Township 6 South, Range 31 East
Section 19:
East half northeast quarter southeast quarter.
Township 6 South, Range 33 East
Section 10:
East half southeast quarter;
Section 11:
Lots 1 and 2, west half northeast quarter, northwest
quarter, west half southwest quarter, northeast quarter
southwest quarter;
Section 14:
Lots 1 through 4, west half northeast quarter, southeast
quarter northwest quarter, northeast quarter southwest quarter,
northwest quarter southeast quarter.
Township 7 South, Range 32 East
Section 23:
South half southwest quarter;
Section 25:
Lot 2, northeast quarter northwest quarter.
Township 7 South, Range 33 East
Section 30:
South half of lot 2 of northwest quarter, lots 1 and 2 of
southwest quarter;
Section 31:
North half of lot 2 of northwest quarter, southeast quarter
northeast quarter, northeast quarter southeast quarter.
Township 8 South, Range 33 East
Section 5:
Northwest quarter southwest quarter.
Township 13 South, Range 34 East
Section 1:
Lots 43, 46, and 49 through 51;
Section 2:
North half northwest quarter southeast quarter southeast
quarter.
Township 11 South, Range 35 East
Section 30:
Lots 1 and 2, east half northwest quarter, east half
southwest quarter, and west half southwest quarter southeast
quarter;
Section 31:
Lot 8, west half west half northeast quarter, east half
northwest quarter, and west half southeast quarter.
Township 13, South, Range 35 East
Section 18:
South half of lot 2 of northwest quarter, lots 1 and 2 of
southwest quarter, southwest quarter northeast quarter,
northwest quarter southeast quarter;
Section 29:
Southeast quarter northeast quarter, northeast quarter
southeast quarter.
Township 13 South, Range 36 East
Section 17:
Southwest quarter northwest quarter, southwest quarter;
Section 18:
South half of lot 1 of northwest quarter, lot 1 of
southwest quarter, northeast quarter, southeast quarter;
Section 19:
North half of lot 1 of northwest quarter, east half
northeast quarter, northwest quarter northeast quarter;
Section 20:
Southwest quarter northeast quarter, northwest quarter,
northeast quarter southwest quarter, southeast quarter;
Section 28:
Southwest quarter southwest quarter;
Section 29:
East half northeast quarter;
Section 33:
Northwest quarter northwest quarter, southeast quarter
northwest quarter.
Township 14 South, Range 36 East
Section 31:
Lots 1 and 2 of southwest quarter, southwest quarter
southeast quarter.
(c) Availability of Lands.--The lands specified in subsection (b)
shall be open to operation of the public land laws, including the
mining and mineral leasing laws, after the Secretary of the Interior
publishes a notice in the Federal Register of the opening of the lands.
SEC. 2. ADDITIONAL AREA IN MANZANAR NATIONAL HISTORIC SITE.
Section 101(b) of the Act entitled ``An Act to establish the
Manzanar National Historic Site in the State of California, and for
other purposes'', approved March 3, 1992 (Public Law 102-248; 106 Stat.
40), is amended by inserting after the second sentence the following:
``The site shall also include an additional area of approximately 300
acres as demarcated as the new proposed boundaries on the map dated
March 8, 1996, and entitled `Manzanar National Historic Site
Archaeological Base Map'.'' | Terminates the withdrawal of specified lands (lands identified for disposal in the Bureau of Land Management's Bishop Resource Area Resource Management Plan that could be made available for exchange in support of acquiring lands within the boundary of the Manzanar National Historic Site in California) from operation of public land laws. Opens the lands for operation under the public land laws, including the mining and mineral leasing laws, after the Secretary of the Interior has published notice thereof in the Federal Register.
Modifies the boundaries of the Site to include an additional area as demarcated in the Manzanar National Historic Site Archaeological Base Map, dated March 8, 1996. | {"src": "billsum_train", "title": "A bill to provide for disposal of certain public lands in support of the Manzanar National Historic Site in the State of California, and for other purposes."} | 1,205 | 136 | 0.529455 | 1.79488 | 0.677131 | 4.441667 | 10.525 | 0.908333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Worker Emergency Training Act
of 2005''.
SEC. 2. RAIL WORKER EMERGENCY TRAINING GRANTS.
(a) Rail Worker Emergency Training Grants.--The Secretary of
Homeland Security, in coordination with the Secretary of
Transportation, is authorized to make grants to railroad carriers for
costs incurred in compliance with section 3.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security $100,000,000 to
carry out the purposes of this Act. Amounts appropriated pursuant to
this subsection shall remain available until expended.
SEC. 3. RAIL WORKER EMERGENCY TRAINING PROGRAM.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Homeland Security, in consultation with
the Secretary of Transportation and appropriate rail entities, shall
issue detailed guidelines for a rail worker emergency training program
designed to enhance rail worker training in preparation for and
response to potential or actual terrorist attacks, natural disasters,
and other emergencies.
(b) Program Elements.--The guidelines developed under subsection
(a) shall require such a program to include, at a minimum, elements
that comprehensively address the following:
(1) Critical infrastructure and equipment security
inspection.
(2) Hazardous material storage, transport, and monitoring.
(3) Evacuation procedures in the event of fire, explosion,
natural disaster, and other emergencies.
(4) Unauthorized rail yard access and rail yard security.
(5) Procedure for reporting suspicious activity, critical
infrastructure, rail yard, and equipment security breaches,
hazardous material storage or transport safety breaches, and
other security or safety breaches.
(6) Notification of law enforcement, emergency response,
and other appropriate officials in the event of a terrorist
attack, natural disaster, hazardous material explosion, and
other emergencies.
(7) Rail worker notification and training on railroad
security plans, including a railroad carrier's threat level
identification system, employee notification when such levels
change, employee roles and responsibilities regarding the
security plan, and lines of communication and coordination in
the event of an emergency.
(8) Passenger communication and coordination in the event
of an emergency.
(9) Live situational training exercises regarding various
emergency scenarios, including terrorist attacks, natural
disasters, and hazardous material explosions.
(10) Protective equipment and device use.
(11) Locomotive cab securement.
(12) Background, skills, and ``fitness for duty'' checks
for railroad contractors, subcontractors, and their employees
equal to those applicable to railroad employees.
(13) Distress codes for use by train crews, bridge tenders,
and others as the Secretary of Homeland Security considers
appropriate.
(14) Appropriate responses to defend onself.
(15) Any other subject the Secretary of Homeland Security
considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days after the
Secretary of Homeland Security issues guidelines under subsection (a)
in final form, each railroad carrier shall develop a rail worker
emergency training program in accordance with those guidelines and
submit it to the Secretary of Homeland Security for approval. Not later
than 60 days after receiving a railroad carrier's program under this
subsection, the Secretary shall review the program and approve it or
require the railroad carrier to make any revisions the Secretary
considers necessary for the program to meet the guideline requirements.
(d) Training.--Not later than 1 year after the Secretary of
Homeland Security approves the training program developed by a railroad
carrier under this section, the railroad carrier shall complete the
training of all rail workers in accordance with that program.
(e) Updates.--The Secretary of Homeland Security shall update the
training guidelines issued under subsection (a) from time to time to
reflect new or different security threats, and shall require railroad
carriers to revise their programs accordingly and provide additional
training to their rail workers. Not later than 60 days after the
Secretary of Homeland Security notifies railroad carriers to revise
their programs to reflect updated guidelines issued by the Secretary
under this section, each railroad carrier shall make all required
revisions and submit their revised emergency training program to the
Secretary of Homeland Security for approval. Not later than 60 days
after receiving a railroad carrier's revised program under this
subsection, the Secretary shall review the program and approve it or
require the railroad carrier to make any revisions the Secretary
considers necessary for the program to meet updated guideline
requirements. Not later than 180 days after the Secretary approves the
revised training program developed by a railroad carrier under this
subsection, the railroad carrier shall complete the training of all
rail workers in accordance with the Secretary's updated guidelines.
SEC. 4. NONCOMPLIANCE.
The Secretary of Homeland Security may issue a letter of
noncompliance to any rail carrier that has failed to comply with the
obligations imposed by this Act. Any such letters issued shall be
transmitted to Congress and published in the Federal Register.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Appropriate rail entities.--The term ``appropriate rail
entities'' means freight and passenger railroad carriers,
nonprofit employee organizations representing rail workers,
nonprofit employee organizations representing emergency
responders, owners or lessors of rail cars used to transport
hazardous materials, shippers of hazardous materials,
manufacturers of rail tank cars, State Departments of
Transportation, public safety officials, and other relevant
parties.
(2) Railroad.--The term ``railroad'' has the meaning given
that term in section 20102(1) of title 49, United States Code.
(3) Railroad carrier.--The term ``railroad carrier'' has
the meaning given that term in section 20102(2) of title 49,
United States Code.
(4) Rail worker.--The term ``rail worker'' includes any
employee of a railroad carrier, or of a railroad carrier
contractor or subcontractor, who--
(A) inspects, tests, maintains, or repairs brakes,
other mechanical systems or components, or safety
appliances on railroad cars or locomotives;
(B) is engaged in the operation of any train,
including an employee that performs the duties of a
hostler;
(C) dispatches, reports, transmits, receives, or
delivers orders pertaining to train movements via
telegraph, telephone, radio, or any other electrical or
mechanical device;
(D) installs, repairs, tests, or maintains signal
systems;
(E) inspects, constructs, or repairs railroad
track, bridges, roadway, electrical traction systems,
roadway facilities, or roadway maintenance machinery;
or
(F) is otherwise considered appropriate by the
Secretary of Transportation. | Rail Worker Emergency Training Act of 2005 - Directs the Secretary of Homeland Security, in coordination with the Secretary of Transportation, to make grants to railroad carriers for costs incurred in instituting a rail worker emergency training program.
Directs the Secretary of Homeland Security to issue detailed guidelines for a rail worker emergency training program to enhance rail worker training in preparation for and response to potential or actual terrorist attacks, natural disasters, and other emergencies. Authorizes the Secretary of Homeland Security to issue a letter of noncompliance to rail carriers that fail to comply with the requirements of this Act. | {"src": "billsum_train", "title": "To provide for a rail worker emergency training program."} | 1,421 | 125 | 0.651292 | 1.631409 | 0.646675 | 5.788991 | 12.495413 | 0.944954 |
SECTION 1. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN
IDENTIFYING INFORMATION IN THE CRIMINAL HISTORY RECORDS
OF VISA APPLICANTS AND APPLICANTS FOR ADMISSION TO THE
UNITED STATES.
(a) Amendment of the Immigration and Nationality Act.--Section 105
of the Immigration and Nationality Act (8 U.S.C. 1105) is amended--
(1) in the section heading, by inserting ``; data
exchange'' after ``security officers'';
(2) by inserting ``(a)'' after ``Sec. 105.'';
(3) in subsection (a), by inserting ``and border'' after
``internal'' the second place it appears; and
(4) by adding at the end the following:
``(b)(1) Upon the promulgation of final regulations under
subsection (d), the Attorney General and the Director of the Federal
Bureau of Investigation shall provide the Department of State and the
Service access to the criminal history record information contained in
the National Crime Information Center's Interstate Identification Index
(NCIC-III), Wanted Persons File, and to any other files maintained by
the National Crime Information Center that may be mutually agreed upon
by the Attorney General and the agency receiving the access, for the
purpose of determining whether or not a visa applicant or applicant for
admission has a criminal history record indexed in any such file.
``(2) Such access shall be provided by means of extracts of the
records for placement in the automated visa lookout or other
appropriate database, and shall be provided without any fee or charge.
``(3) Whoever knowingly uses any information obtained pursuant to
this subsection for a purpose other than as authorized under this
section shall be fined in accordance with title 18, United States Code,
imprisoned for not more than two years, or both.
``(4) The Federal Bureau of Investigation shall provide periodic
updates of the extracts at intervals mutually agreed upon with the
agency receiving the access. Upon receipt of such updated extracts, the
receiving agency shall make corresponding updates to its database and
destroy previously provided extracts.
``(5) Access to an extract does not entitle the Department of State
to obtain the full content of the corresponding automated criminal
history record. To obtain the full content of a criminal history
record, the Department of State shall submit the applicant's
fingerprints and any appropriate fingerprint processing fee authorized
by law to the Criminal Justice Information Services Division of the
Federal Bureau of Investigation.
``(c) Upon the development and deployment of a more cost-effective
and efficient means of providing the same information as is provided
under subsection (b), the Attorney General and the receiving agency may
suspend the arrangement for providing the access described in this
section and substitute the newer means.
``(d) For purposes of administering this section, the Department of
State shall, prior to receiving access to NCIC data but not later than
4 months after the date of enactment of this subsection, promulgate
final regulations--
``(1) to implement procedures for the taking of
fingerprints; and
``(2) to establish the conditions for the use of the
information received from the Federal Bureau of Investigation,
in order--
``(A) to limit the redissemination of such
information;
``(B) to ensure that such information is used
solely to determine whether or not to issue a visa to
an alien or to admit an alien to the United States;
``(C) to ensure the security, confidentiality, and
destruction of such information; and
``(D) to protect any privacy rights of individuals
who are subjects of such information.''.
(b) Reporting Requirement.--Not later than 1 year after the date of
enactment of this Act, the Attorney General and the Secretary of State
jointly shall report to Congress on the implementation of the
amendments made by this section.
(c) Statutory Construction.--Nothing in this section, or in any
other law, shall be construed to limit the authority of the Attorney
General or the Director of the Federal Bureau of Investigation to
provide access to the criminal history record information contained in
the National Crime Information Center's (NCIC) Interstate
Identification Index (NCIC-III), or to any other information maintained
by the NCIC, to any Federal agency or officer authorized to enforce or
administer the immigration laws of the United States, for the purpose
of such enforcement or administration, upon terms that are consistent
with the National Crime Prevention and Privacy Compact Act of 1998
(subtitle A of title II of Public Law 105-251; 42 U.S.C. 14611-16) and
section 552a of title 5, United States Code. | Amends the Immigration and Nationality Act to require the Attorney General and the Federal Bureau of Investigation (FBI) to provide the Department of State and the Immigration and Naturalization Service with access to specified criminal history extracts in order to determine whether or not a visa or admissions applicant has a criminal history. Directs the FBI to provide periodic extract updates. Provides for confidentiality and fines for the misuse of such information. | {"src": "billsum_train", "title": "A bill to provide for electronic access by the Department of State and Immigration and Naturalization Service to certain information in the criminal history records of the Federal Bureau of Investigation to determine whether or not a visa applicant or applicant for admission has a criminal record."} | 1,029 | 90 | 0.527032 | 1.378693 | 0.873408 | 2.818182 | 12.61039 | 0.844156 |
SECTION 1. COMMUNITY INFORMATION STATEMENT.
(a) Amendment of Subtitle D.--Subtitle C of the Solid Waste
Disposal Act is amended by adding the following new section at the end
thereof:
``SEC. 3024. COMMUNITY INFORMATION STATEMENT.
``(a) Regulations.--Not later than one year after the enactment of
this section, the Administrator shall promulgate regulations to require
the preparation of a community information statement as part of the
permitting processes under this subtitle for any new off-site hazardous
waste treatment or disposal facility. Each such statement shall be made
available for public review. The final statement for any facility shall
be available for public review before the earlier of (1) 60 days before
a public hearing is conducted by the permitting authority regarding the
proposed issuance of such permit or (2) the date one year after the
date on which an independent contractor is selected under subsection
(b). The permitting authority shall take the community information
statement into account in making any final decision regarding the
issuance of such permit and in establishing any conditions to be
imposed in such permit. Such statement shall be a part of the record on
which the permitting decision is based.
``(b) Selection of Independent Contractor to Prepare Statement.--
The community information statement required under this section shall
be prepared by an independent contractor selected jointly, after
consultation with concerned citizens, by the applicant for the permit
and the chief elected official of the affected host community. If the
applicant and chief elected official do not agree on the selection of
any independent contractor within 30 days after the date on which the
application for a permit under this section is filed, the permitting
authority shall select the independent contractor to prepare the
statement required under this section.
``(c) Costs.--The permitting authority shall impose and collect a
fee on the submission of each application for a permit for which a
statement under this section is required. The fee shall cover the
reasonable costs of preparing the community information statement.
``(d) Requirements.--A community information statement meets the
requirements of this section if such statement identifies and describes
each of the following:
``(1) The effects of such facility on the host community,
including the effects on the local economy and employment,
housing, public safety and emergency preparedness,
transportation systems, and recreational amenities and tourism
in the area.
``(2) The types of wastes expected to enter the facility
and the types of releases expected from the facility and any
human health impacts associated with such wastes and with such
releases.
``(3) The options or alternatives for mitigating any such
impacts on the affected community.
``(4) The demographic characteristics of the affected host
community according to race, ethnic background, and income.
``(5) The presence in the affected host community of any--
``(A) existing solid waste treatment, storage, or
disposal facility, or
``(B) site in which a release of hazardous
substances (within the meaning of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980) has occurred and the extent to which such site
has been remediated.
``(6) Permit applicant's record of compliance with State
and Federal environmental regulations and laws, and the record
of such compliance by any firm engaged to operate the facility
or any firm which controls or is affiliated with the applicant,
including any serious violations thereof.
The community information statement prepared in connection with any
facility shall not be subject to judicial review in any proceeding
other than a proceeding brought to challenge the issuance of a permit
for such facility. In any permitting proceeding respecting such
facility the permitting authority shall take the statement into
account, and in any such proceeding the statement shall be treated as
satisfying the requirements of this section unless the statement
contained material misstatements or omissions which affected the
permitting authority's decision.
``(e) Definitions.--As used in this section--
``(1) The term `new off site hazardous waste treatment or
disposal facility' means a hazardous waste treatment or
disposal facility which--
``(A) accepts for treatment or disposal hazardous
waste that is not generated at the site of such
treatment or disposal, and
``(B) for which a permit is issued by a State
agency under this subtitle after the date of
promulgation of regulations under this section.
Such term shall not include any facility existing on such date
but shall include an expansion of such an existing facility if
a new permit is required after such date for such expansion and
if such expansion, together with all other expansions
constructed after such date (or after the preparation of the
last statement under this section with respect to such
facility, whichever is later) increases the capacity of the
facility by more than 50 percent.
``(2) The term `affected host community' means the county,
municipality, town, or township or other general purpose unit
of local government which has primary jurisdiction over the use
of the land on which a facility is located or proposed to be
located.
``(3) The term `independent contractor' means a person who
has no financial or other potential conflict of interest in the
outcome of a proceeding to determine whether or not a permit
should be issued for a new off site facility for the treatment,
storage, or disposal of hazardous waste.''.
(b) Table of Contents.--The table of contents for subtitle C of
such Act is amended by adding the following new item after the item
relating to section 3023:
``Sec. 3024. Community information statement.''. | Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to require the preparation of a community information statement as part of the permitting process applicable to any new off-site hazardous waste treatment or disposal facility. Requires such statement to describe: (1) the effects of the proposed facility on the host community; (2) the types of waste expected to enter the facility, the types of releases expected from the facility, and the human health impacts associated with such wastes and releases; (3) the alternatives for mitigating impacts on the community; (4) the demographic characteristics of the community; (5) the presence in the community of an existing solid waste treatment, storage, or disposal facility or site in which a hazardous substance release has occurred, and the extent to which the site has been remediated; and (6) the permit applicant's compliance with State and Federal environmental regulations and laws. | {"src": "billsum_train", "title": "To amend subtitle C of the Solid Waste Disposal Act to require the preparation of a community information statement for new hazardous waste treatment or disposal facilities."} | 1,179 | 187 | 0.604979 | 1.660634 | 0.859249 | 4.445055 | 6.417582 | 0.917582 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Paycheck Fairness
Act ''.
(b) Reference.--Whenever in this Act (other than in section 8) 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 Fair Labor Standards Act
of 1938.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Women have entered the workforce in record numbers.
(2) Even in the 1990's, women earn significantly lower pay
than men for work on jobs that require equal skill, effort, and
responsibility and that are performed under similar working
conditions. These pay disparities exist in both the private and
governmental sectors. In many instances, the pay disparities
can only be due to continued intentional discrimination or the
lingering effects of past discrimination.
(3) The existence of such pay disparities--
(A) depresses the wages of working families who
rely on the wages of all members of the family to make
ends meet;
(B) prevents the optimum utilization of available
labor resources;
(C) has been spread and perpetuated, through
commerce and the channels and instrumentalities of
commerce, among the workers of the several States;
(D) burdens commerce and the free flow of goods in
commerce;
(E) constitutes an unfair method of competition in
commerce;
(F) leads to labor disputes burdening and
obstructing commerce and the free flow of goods in
commerce;
(G) interferes with the orderly and fair marketing
of goods in commerce; and
(H) in many instances, may deprive workers of equal
protection on the basis of sex in violation of the 5th
and 14th amendments.
(4)(A) Artificial barriers to the elimination of
discrimination in the payment of wages on the basis of sex
continue to exist more than 3 decades after the enactment of
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)
and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).
(B) Elimination of such barriers would have positive
effects, including--
(i) providing a solution to problems in the economy
created by unfair pay disparities;
(ii) substantially reducing the number of working
women earning unfairly low wages, thereby reducing the
dependence on public assistance; and
(iii) promoting stable families by enabling all
family members to earn a fair rate of pay;
(iv) remedying the effects of past discrimination
on the basis of sex and ensuring that in the future
workers are afforded equal protection on the basis of
sex; and
(v) in the private sector, ensuring equal
protection pursuant to Congress' power to enforce the
5th and 14th amendments.
(5) With increased information about the provisions added
by the Equal Pay Act of 1963 and generalized wage data, along
with more effective remedies, women will be better able to
recognize and enforce their rights to equal pay for work on
jobs that require equal skill, effort, and responsibility and
that are performed under similar working conditions.
(6) Certain employers have already made great strides in
eradicating unfair pay disparities in the workplace and their
achievements should be recognized.
SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.
(a) Required Demonstration for Affirmative Defense.--Section
6(d)(1) (29 U.S.C. 206(d)(1)) is amended by striking ``(iv) a
differential'' and all that follows through the period and inserting
the following: ``(iv) a differential based on a bona fide factor other
than sex, such as education, training, or experience, except that this
clause shall apply only if--
``(I) the employer demonstrates that--
``(aa) such factor--
``(AA) is job-related with respect to the
position in question; or
``(BB) furthers a legitimate business
purpose, except that this item shall not apply
where the employee demonstrates that an
alternative employment practice exists that
would serve the same business purpose without
producing such differential and that the
employer has refused to adopt such alternative
practice; and
``(bb) such factor was actually applied and used
reasonably in light of the asserted justification; and
``(II) if the employer makes the demonstration described in
subclause (I), the employee fails to demonstrate that the
differential produced by the reliance of the employer on the
factor described in such subclause is the result of
discrimination on the basis of sex by the employer.
An employer that is not otherwise in compliance with this paragraph may
not reduce the wages of any employee in order to achieve such
compliance.''.
(b) Application of Provisions.--Section 6(d) (29 U.S.C. 206(d)) is
amended by adding at the end the following:
``(5) The provisions of this subsection shall apply to applicants
for employment if such applicants, upon employment by the employer
applied to, would be subject to any other subsection of this
section.''.
(c) Elimination of Establishment Requirement.--Section 6(d)(1) (29
U.S.C. 206(d)(1)) is amended--
(1) by striking ``, within any establishment in which such
employees are employed,''; and
(2) by striking ``such establishment'' each place it
appears.
(d) Nonretaliation Provision.--Section 15(a)(3) (29 U.S.C.
215(a)(3)) is amended--
(1) by striking ``employee'' the first place it appears and
inserting ``employee (or applicant for employment in the case
of an applicant described in section 6(d)(5))'';
(2) by inserting ``(or applicant)'' after ``employee'' the
second place it appears;
(3) by striking ``or has'' each place it appears and
inserting ``has''; and
(4) by inserting before the semicolon the following: ``,
has inquired about, discussed, or otherwise disclosed the wages
of the employee or another employee, or because the employee
(or applicant) has made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding,
hearing, or action under section 6(d)''.
(e) Enhanced Penalties.--Section 16(b) (29 U.S.C. 216(b)) is
amended--
(1) by inserting after the first sentence the following:
``Any employer who violates section 6(d) shall additionally be
liable for such compensatory or punitive damages as may be
appropriate, except that the United States shall not be liable
for punitive damages.'';
(2) in the sentence beginning ``An action to'', by striking
``either of the preceding sentences'' and inserting ``any of
the preceding sentences of this subsection'';
(3) in the sentence beginning ``No employees shall'', by
striking ``No employees'' and inserting ``Except with respect
to class actions brought to enforce section 6(d), no
employee'';
(4) by inserting after the sentence referred to in
paragraph (3), the following: ``Notwithstanding any other
provision of Federal law, any action brought to enforce section
6(d) may be maintained as a class action as provided by the
Federal Rules of Civil Procedure.''; and
(5) in the sentence beginning ``The court in''--
(A) by striking ``in such action'' and inserting
``in any action brought to recover the liability
prescribed in any of the preceding sentences of this
subsection''; and
(B) by inserting before the period the following:
``, including expert fees''.
(f) Action by Secretary.--Section 16(c) (29 U.S.C. 216(c)) is
amended--
(1) in the first sentence--
(A) by inserting ``or, in the case of a violation
of section 6(d), additional compensatory or punitive
damages,'' before ``and the agreement''; and
(B) by inserting before the period the following:
``, or such compensatory or punitive damages, as
appropriate'';
(2) in the second sentence, by inserting before the period
the following: ``and, in the case of a violation of section
6(d), additional compensatory or punitive damages'';
(3) in the third sentence, by striking ``the first
sentence'' and inserting ``the first or second sentence''; and
(4) in the last sentence--
(A) by striking ``commenced in the case'' and
inserting ``commenced--
``(1) in the case'';
(B) by striking the period and inserting ``: or'';
and
(C) by adding at the end the following:
``(2) in the case of a class action brought to enforce
section 6(d), on the date on which the individual becomes a
party plaintiff to the class action.''.
SEC. 4. TRAINING.
The Equal Employment Opportunity Commission and the Office of
Federal Contract Compliance Programs, subject to the availability of
funds appropriated under section 9(b), shall provide training to
Commission employees and affected individuals and entities on matters
involving discrimination in the payment of wages.
SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.
The Secretary of Labor shall conduct studies and provide
information to employers, labor organizations, and the general public
concerning the means available to eliminate pay disparities between men
and women, including--
(1) conducting and promoting research to develop the means
to correct expeditiously the conditions leading to the pay
disparities;
(2) publishing and otherwise making available to employers,
labor organizations, professional associations, educational
institutions, the media, and the general public the findings
resulting from studies and other materials, relating to
eliminating the pay disparities;
(3) sponsoring and assisting State and community
informational and educational programs;
(4) providing information to employers, labor
organizations, professional associations, and other interested
persons on the means of eliminating the pay disparities;
(5) recognizing and promoting the achievements of
employers, labor organizations, and professional associations
that have worked to eliminate the pay disparities; and
(6) convening a national summit to discuss, and consider
approaches for rectifying, the pay disparities.
SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM.
(a) Guidelines.--
(1) In general.--The Secretary of Labor shall develop
guidelines to enable employers to evaluate job categories based
on objective criteria such as educational requirements, skill
requirements, independence, working conditions, and
responsibility, including decisionmaking responsibility and de
facto supervisory responsibility.
(2) Use.--The guidelines developed under paragraph (1)
shall be designed to enable employers voluntarily to compare
wages paid for different jobs to determine if the pay scales
involved adequately and fairly reflect the educational
requirements, skill requirements, independence, working
conditions, and responsibility for each such job with the goal
of eliminating unfair pay disparities between occupations
traditionally dominated by men or women.
(3) Publication.--The guidelines shall be developed under
paragraph (1) and published in the Federal Register not later
than 180 days after the date of enactment of this Act.
(b) Employer Recognition.--
(1) Purpose.--It is the purpose of this subsection to
emphasize the importance of, encourage the improvement of, and
recognize the excellence of employer efforts to pay wages to
women that reflect the real value of the contributions of such
women to the workplace.
(2) In general.--To carry out the purpose of this
subsection, the Secretary of Labor shall establish a program
under which the Secretary shall provide for the recognition of
employers who, pursuant to a voluntary job evaluation conducted
by the employer, adjust their wage scales (such adjustments
shall not include the lowering of wages paid to men) using the
guidelines developed under subsection (a) to ensure that women
are paid fairly in comparison to men.
(3) Technical assistance.--The Secretary of Labor may
provide technical assistance to assist an employer in carrying
out an evaluation under paragraph (2).
(c) Regulations.--The Secretary of Labor shall promulgate such
rules and regulations as may be necessary to carry out this section.
SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE
WORKPLACE.
(a) In General.--There is established the Robert Reich National
Award for Pay Equity in the Workplace, which shall be evidenced by a
medal bearing the inscription ``Robert Reich National Award for Pay
Equity in the Workplace''. The medal shall be of such design and
materials, and bear such additional inscriptions, as the Secretary of
Labor may prescribe.
(b) Criteria for Qualification.--To qualify to receive an award
under this section a business shall--
(1) submit a written application to the Secretary of Labor,
at such time, in such manner, and containing such information
as the Secretary may require, including at a minimum
information that demonstrates that the business has made
substantial effort to eliminate pay disparities between men
and women, and deserves special recognition as a consequence; and
(2) meet such additional requirements and specifications as
the Secretary of Labor determines to be appropriate.
(c) Making and Presentation of Award.--
(1) Award.--After receiving recommendations from the
Secretary of Labor, the President or the designated
representative of the President shall annually present the
award described in subsection (a) to businesses that meet the
qualifications described in subsection (b).
(2) Presentation.--The President or the designated
representative of the President shall present the award under
this section with such ceremonies as the President or the
designated representative of the President may determine to be
appropriate.
(d) Business.--In this section, the term ``business'' includes--
(1)(A) a corporation, including a nonprofit corporation;
(B) a partnership;
(C) a professional association;
(D) a labor organization; and
(E) a business entity similar to an entity described in any
of subparagraphs (A) through (D);
(2) an entity carrying out an education referral program, a
training program, such as an apprenticeship or management
training program, or a similar program; and
(3) an entity carrying out a joint program, formed by a
combination of any entities described in paragraph (1) or (2).
SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION.
Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is
amended by adding at the end the following:
``(f)(1) Not later than 18 months after the date of enactment of
this subsection, the Commission shall--
``(A) complete a survey of the data that is currently
available to the Federal Government relating to employee pay
information for use in the enforcement of Federal laws
prohibiting pay discrimination and, in consultation with other
relevant Federal agencies, identify additional data collections
that will enhance the enforcement of such laws; and
``(B) based on the results of the survey and consultations
under subparagraph (A), issue regulations to provide for the
collection of pay information data from employers as described
by the sex, race, and national origin of employees.
``(2) In implementing paragraph (1), the Commission shall have as
its primary consideration the most effective and efficient means for
enhancing the enforcement of Federal laws prohibiting pay
discrimination. Other factors that the Commission shall consider
include the imposition of burdens on employers, the frequency of
required reports (including which employers should be required to
prepare reports), appropriate protections for maintaining data
confidentiality, and the most effective format for the data collections
reports.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages. (Such FLSA prohibitions are also known as the Equal Pay Act).
(Sec. 3) Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases.
(Sec. 4) Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.
(Sec. 5) Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities.
(Sec. 6) Directs the Secretary to: (1) develop guidelines for employer evaluations of job categories based on objective criteria, to be used voluntarily by employers to compare wages for different jobs to determine if pay scales adequately and fairly reflect each job's educational and skill requirements, independence, working conditions, and responsibility, in order to eliminate unfair pay disparities between occupations traditionally dominated by men or women; and (2) establish a program to recognize employers who use such guidelines to ensure that women are paid fairly in comparison to men without lowering men's wages. Authorizes the Secretary to provide technical assistance for employers to carry out such evaluations.
(Sec. 7) Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award.
(Sec. 8) Amends the Civil Rights Act to direct the EEOC to: (1) complete a survey of data currently available to the Government relating to employee pay information for use in the enforcement of Federal laws prohibiting pay discrimination, and identify additional data collections to enhance enforcement of such laws; and (2) based on survey results and consultations with other relevant Federal agencies, issue regulations for the collection of pay information data from employers as described by the sex, race, and national origin of employees.
(Sec. 9) Authorizes appropriations. | {"src": "billsum_train", "title": "Paycheck Fairness Act"} | 3,576 | 534 | 0.500793 | 1.645456 | 0.67609 | 3.984783 | 7.173913 | 0.906522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Satisfying Energy Needs and Saving
the Environment Act'' or the ``SENSE Act''.
SEC. 2. STANDARDS FOR COAL REFUSE POWER PLANTS.
(a) Definitions.--In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Boiler operating day.--The term ``boiler operating
day'' has the meaning given such term in section 63.10042 of
title 40, Code of Federal Regulations, or any successor
regulation.
(3) Coal refuse.--The term ``coal refuse'' means any
byproduct of coal mining, physical coal cleaning, or coal
preparation operation that contains coal, matrix material,
clay, and other organic and inorganic material.
(4) Coal refuse electric utility steam generating unit.--
The term ``coal refuse electric utility steam generating unit''
means an electric utility steam generating unit that--
(A) is in operation as of the date of enactment of
this Act;
(B) uses fluidized bed combustion technology to
convert coal refuse into energy; and
(C) uses coal refuse as at least 75 percent of the
annual fuel consumed, by heat input, of the unit.
(5) Coal refuse-fired facility.--The term ``coal refuse-
fired facility'' means all coal refuse electric utility steam
generating units that are--
(A) located on one or more contiguous or adjacent
properties;
(B) specified within the same Major Group (2-digit
code), as described in the Standard Industrial
Classification Manual (1987); and
(C) under common control of the same person (or
persons under common control).
(6) Cross-state air pollution rule.--The terms ``Cross-
State Air Pollution Rule'' and ``CSAPR'' mean the regulatory
program promulgated by the Administrator to address the
interstate transport of air pollution in parts 51, 52, and 97
of title 40, Code of Federal Regulations, including any
subsequent or successor regulation.
(7) Electric utility steam generating unit.--The term
``electric utility steam generating unit'' means either or
both--
(A) an electric utility steam generating unit, as
such term is defined in section 63.10042 of title 40,
Code of Federal Regulations, or any successor
regulation; or
(B) an electricity generating unit or electric
generating unit, as such terms are used in CSAPR.
(8) Phase i.--The term ``Phase I'' means, with respect to
CSAPR, the initial compliance period under CSAPR, identified
for the 2015 and 2016 annual compliance periods.
(b) Application of CSAPR to Certain Coal Refuse Electric Utility
Steam Generating Units.--
(1) Coal refuse electric utility steam generating units
combusting bituminous coal refuse.--
(A) Applicability.--This paragraph applies with
respect to any coal refuse electric utility steam
generating unit that--
(i) combusts coal refuse derived from the
mining and processing of bituminous coal; and
(ii) is subject to sulfur dioxide allowance
surrender provisions pursuant to CSAPR.
(B) Continued applicability of phase i allowance
allocations.--In carrying out CSAPR, the Administrator
shall provide that, for any compliance period, the
allocation (whether through a Federal implementation
plan or State implementation plan) of sulfur dioxide
allowances for a coal refuse electric utility steam
generating unit described in subparagraph (A) is
equivalent to the allocation of the unit-specific
sulfur dioxide allowance allocation identified for such
unit for Phase I, as referenced in the notice entitled
``Availability of Data on Allocations of Cross-State
Air Pollution Rule Allowances to Existing Electricity
Generating Units'' (79 Fed. Reg. 71674 (December 3,
2014)).
(C) Rules for allowance allocations.--For any
compliance period under CSAPR that commences on or
after January 1, 2017, any sulfur dioxide allowance
allocation provided by the Administrator to a coal
refuse electric utility steam generating unit described
in subparagraph (A)--
(i) shall not be transferable for use by
any other source not located at the same coal
refuse-fired facility as the relevant coal
refuse electric utility steam generating unit;
(ii) may be transferable for use by another
source located at the same coal refuse-fired
facility as the relevant coal refuse electric
utility steam generating unit;
(iii) may be banked for application to
compliance obligations in future compliance
periods under CSAPR; and
(iv) shall be surrendered upon the
permanent cessation of operation of such coal
refuse electric utility steam generating unit.
(2) Other sources.--
(A) No increase in overall state budget of sulfur
dioxide allowance allocations.--For purposes of
paragraph (1), the Administrator may not, for any
compliance period under CSAPR, increase the total
budget of sulfur dioxide allowance allocations for a
State in which a unit described in paragraph (1)(A) is
located.
(B) Compliance periods 2017 through 2020.--For any
compliance period under CSAPR that commences on or
after January 1, 2017, but before December 31, 2020,
the Administrator shall carry out subparagraph (A) by
proportionally reducing, as necessary, the unit-
specific sulfur dioxide allowance allocations from each
source that--
(i) is located in a State in which a unit
described in paragraph (1)(A) is located;
(ii) permanently ceases operation, or
converts its primary fuel source from coal to
natural gas, prior to the relevant compliance
period; and
(iii) otherwise receives an allocation of
sulfur dioxide allowances under CSAPR for such
period.
(c) Emission Limitations To Address Hydrogen Chloride and Sulfur
Dioxide as Hazardous Air Pollutants.--
(1) Applicability.--For purposes of regulating emissions of
hydrogen chloride or sulfur dioxide from a coal refuse electric
utility steam generating unit under section 112 of the Clean
Air Act (42 U.S.C. 7412), the Administrator--
(A) shall authorize the operator of such unit to
elect that such unit comply with either--
(i) an emissions standard for emissions of
hydrogen chloride that meets the requirements
of paragraph (2); or
(ii) an emission standard for emissions of
sulfur dioxide that meets the requirements of
paragraph (2); and
(B) may not require that such unit comply with both
an emission standard for emissions of hydrogen chloride
and an emission standard for emissions of sulfur
dioxide.
(2) Rules for emission limitations.--
(A) In general.--The Administrator shall require an
operator of a coal refuse electric utility steam
generating unit to comply, at the election of the
operator, with no more than one of the following
emission standards:
(i) An emission standard for emissions of
hydrogen chloride from such unit that is no
more stringent than an emission rate of 0.002
pounds per million British thermal units of
heat input.
(ii) An emission standard for emissions of
hydrogen chloride from such unit that is no
more stringent than an emission rate of 0.02
pounds per megawatt-hour.
(iii) An emission standard for emissions of
sulfur dioxide from such unit that is no more
stringent than an emission rate of 0.20 pounds
per million British thermal units of heat
input.
(iv) An emission standard for emissions of
sulfur dioxide from such unit that is no more
stringent than an emission rate of 1.5 pounds
per megawatt-hour.
(v) An emission standard for emissions of
sulfur dioxide from such unit that is no more
stringent than capture and control of 93
percent of sulfur dioxide across the generating
unit or group of generating units, as
determined by comparing--
(I) the expected sulfur dioxide
generated from combustion of fuels
emissions calculated based upon as-
fired fuel samples; to
(II) the actual sulfur dioxide
emissions as measured by a sulfur
dioxide continuous emission monitoring
system.
(B) Measurement.--An emission standard described in
subparagraph (A) shall be measured as a 30 boiler
operating day rolling average per coal refuse electric
utility steam generating unit or group of coal refuse
electric utility steam generating units located at a
single coal refuse-fired facility.
Passed the House of Representatives March 15, 2016.
Attest:
KAREN L. HAAS,
Clerk. | . Satisfying Energy Needs and Saving the Environment Act or the SENSE Act (Sec. 2) This bill modifies the Cross-State Air Pollution Rule as it applies to certain electric utility steam generating units (electric power plants) that convert coal refuse into energy. The Environmental Protection Agency (EPA) must maintain the existing limits for sulfur dioxide emissions from coal refuse utilities under the cap-and-trade system, instead of applying the more restrictive limits that are scheduled to go into effect in 2017. (Under the current system, a cap sets a limit on emissions. The cap is lowered over time to reduce the amount of pollutants released. Utilities may only emit as much carbon as permitted under their allowances, which may be traded with others.) Thus, the EPA must allocate to coal refuse utilities in 2017 and subsequent years the same number of emissions allowances for sulfur dioxide that have been previously allocated to coal refuse utilities, instead of reducing allowances. After January 1, 2017, a coal refuse utility may not trade any unused sulfur dioxide allowances. Those allowances may be saved by the coal refuse utilities for use in future compliance periods. The EPA may not increase the total number of allowances for sulfur dioxide emissions from all sources that are allocated to each state. The bill eases emission limits for hazardous air pollutants from coal refuse utilities. The EPA must allow the utilities to meet compliance requirements by meeting the maximum achievable control technology standards for either hydrogen chloride or sulfur dioxide. | {"src": "billsum_train", "title": "SENSE Act"} | 1,859 | 316 | 0.470714 | 1.27485 | 0.665097 | 1.543554 | 5.898955 | 0.735192 |
SECTION 1. INCREASED PERSONNEL FOR INVESTIGATING AND COMBATING ALIEN
SMUGGLING.
The Attorney General in each of the fiscal years 2001, 2002, 2003,
2004, and 2005 shall increase the number of positions for full-time,
active duty investigators or other enforcement personnel within the
Immigration and Naturalization Service who are assigned to combating
alien smuggling by not less than 50 positions above the number of such
positions for which funds were allotted for the preceding fiscal year.
SEC. 2. INCREASING CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.
(a) In General.--Subject to subsection (b), pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate sentencing
guidelines or amend existing sentencing guidelines for smuggling,
transporting, harboring, or inducing aliens under sections 274(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as
to--
(1) double the minimum term of imprisonment under that
section for offenses involving the smuggling, transporting,
harboring, or inducing of--
(A) 1 to 5 aliens from 10 months to 20 months;
(B) 6 to 24 aliens from 18 months to 36 months;
(C) 25 to 100 aliens from 27 months to 54 months;
and
(D) 101 aliens or more from 37 months to 74 months;
(2) increase the minimum level of fines for each of the
offenses described in subparagraphs (A) through (D) of
paragraph (1) to the greater of the current minimum level or
twice the amount the defendant received or expected to receive
as compensation for the illegal activity; and
(3) increase by at least two offense levels above the
applicable enhancement in effect on the date of the enactment
of this Act the sentencing enhancements for intentionally or
recklessly creating a substantial risk of serious bodily injury
or causing bodily injury, serious injury, permanent or life
threatening injury, or death.
(b) Exceptions.--Subsection (a) shall not apply to an offense
that--
(1) was committed other than for profit; or
(2) involved the smuggling, transporting, or harboring only
of the defendant's spouse or child (or both the defendant's
spouse and child).
SEC. 3. ELIMINATION OF PENALTY ON PERSONS RENDERING EMERGENCY
ASSISTANCE.
(a) In General.--Section 274(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(1)) is amended by adding at the end
the following:
``(C) In no case may any penalty for a violation of subparagraph
(A) be imposed on any person based on actions taken by the person to
render emergency assistance to an alien found physically present in the
United States in life threatening circumstances.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act, and
shall apply to offenses committed after the termination of such 90-day
period.
SEC. 4. AMENDMENTS TO SENTENCING GUIDELINES REGARDING THE EFFECT OF
PROSECUTORIAL POLICIES.
In the exercise of its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission shall amend
the Federal sentencing guidelines to include the following:
``Sec. 5H1.14. Plea bargaining and other prosecutorial policies.
``Plea bargaining and other prosecutorial policies, and differences
in those policies among different districts, are not a ground for
imposing a sentence outside the applicable guidelines range.''.
SEC. 5. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE ARMED.
(a) In General.--Section 924(c)(1) of title 18, United States Code,
is amended--
(1) in subparagraph (A)--
(A) by inserting after ``device)'' the following:
``or any violation of section 274(a)(1)(A) of the
Immigration and Nationality Act''; and
(B) by striking ``or drug trafficking crime--'' and
inserting ``, drug trafficking crime, or violation of
section 274(a)(1)(A) of the Immigration and Nationality
Act--''; and
(2) in subparagraph (D)(ii), by striking ``or drug
trafficking crime'' and inserting ``, drug trafficking crime,
or violation of section 274(a)(1)(A) of the Immigration and
Nationality Act''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act, and
shall apply to offenses committed after the termination of such 90-day
period.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to funds otherwise available for such
purpose, there are authorized to be appropriated to the Immigration and
Naturalization Service of the Department of Justice such sums as may be
necessary to carry out section 1 and to cover the operating expenses of
the Service and the Department in conducting undercover investigations
of alien smuggling activities and in prosecuting violations of section
274(a)(1)(A) of the Immigration and Nationality Act (relating to alien
smuggling), resulting from the increase in personnel under section 1.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) are authorized to remain available until expended.
SEC. 7. ALIEN SMUGGLING DEFINED.
In sections 1 and 6, the term ``alien smuggling'' means any act
prohibited by paragraph (1) or (2) of section 274(a) of the Immigration
and Nationality Act (8 U.S.C. 1324(a)).
Passed the House of Representatives October 3, 2000.
Attest:
Clerk. | (Sec. 2) Directs the United States Sentencing Commission to promulgate revised sentencing guidelines for alien smuggling-related activities so as to: (1) double specified minimum prison terms for smuggling, transporting, harboring, or inducement; (2) increase minimum fines; and (3) increase by at least two offense levels sentencing for intentionally or recklessly creating a substantial risk of serious bodily injury or causing bodily injury or death. Exempts from such provisions offenses: (1) committed other than for profit; or (2) involving a defendant's spouse, child, or both.
(Sec. 3) Amends the Immigration and Nationality Act (Act) to exempt from specified alien smuggling or harboring criminal penalties persons rendering life threatening emergency assistance to an alien in the United States.
(Sec. 4) Directs the Commission to revise Federal sentencing guidelines to provide that plea bargaining and other prosecutorial policies, and district policy differences, are not a ground for sentence imposition outside applicable guidelines.
(Sec. 5) Amends Federal criminal law to subject specified alien smuggling and harboring crimes under the Act committed by an armed person to enhanced penalties.
(Sec. 6) Authorizes Service appropriations for alien smuggling-related undercover and enforcement activities.
(Sec. 7) Defines alien smuggling for certain purposes of this Act. | {"src": "billsum_train", "title": "To amend section 274 of the Immigration and Nationality Act to impose mandatory minimum sentences, and increase certain sentences, for bringing in and harboring certain aliens and to amend title 18, United States Code, to provide enhanced penalties for persons committing such offenses while armed."} | 1,402 | 327 | 0.672977 | 1.989026 | 0.893878 | 3.078125 | 4.394531 | 0.890625 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; PURPOSE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Academic
Partnerships Lead Us to Success Act'' or the ``A PLUS Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; purpose; definitions.
Sec. 2. Performance agreements.
Sec. 3. Programs eligible for consolidation and permissible use of
funds.
Sec. 4. Maintenance of academic performance standards; accountability
system.
Sec. 5. Maintenance of funding levels spent by States on education.
Sec. 6. Administrative expenses.
Sec. 7. Equitable participation of private schools.
Sec. 8. Annual reports.
Sec. 9. Performance review and early termination.
(c) Purpose.--The purpose of this Act is as follows:
(1) To give States and local communities maximum
flexibility to determine how to boost academic achievement and
implement education reforms.
(2) To reduce the administrative costs and compliance
burden of Federal education programs in order to focus Federal
resources on improving academic achievement.
(3) To ensure that States and communities are accountable
to the public for advancing the academic achievement of all
students, especially disadvantaged children.
(d) Definitions.--In this Act:
(1) In general.--Except as otherwise provided, the terms
used in this Act have the meanings given the terms in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801 et seq.).
(2) State.--The term ``State'' has the meaning given the
term in section 1122(e) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6332(e)).
SEC. 2. PERFORMANCE AGREEMENTS.
(a) Authority.--In accordance with this Act, the Secretary shall
enter into performance agreements with States under which, except as
otherwise provided in this Act, States may consolidate and use funds
pursuant to section 3.
(b) Required Terms of Performance Agreement.--Each performance
agreement entered into by the Secretary under this Act shall include
the following:
(1) Duration.--The performance agreement shall be for a
period of 5 years. Such 5 year period shall be determined by
the State.
(2) Application of program requirements.--The performance
agreement shall provide that no requirements of any program
described in section 3 and included by the State within the
scope of the performance agreement shall apply to the State,
except as otherwise provided in this Act.
(3) List of programs.--The performance agreement shall list
which of the programs described in section 3 are included
within the scope of the performance agreement.
(4) Use of funds to improve student achievement.--The
performance agreement shall contain a 5-year plan describing
how the State intends to combine and use the funds from
programs included within the scope of the performance agreement
to advance the education priorities of the State, improve
student academic achievement, and narrow achievement gaps.
(5) Accountability system.--The performance agreement shall
describe an accountability system that meets the requirements
of section 4.
(6) Achievement goals.--
(A) Student academic achievement.--The performance
agreement shall require the State to demonstrate the
State's academic achievement goals and measures to be
achieved over the duration of the performance
agreement.
(B) Consistency of achievement measures.--The
performance agreement shall require that the State
maintain, at a minimum, the same level of challenging
State student academic achievement standards and
academic assessments throughout the duration of the
performance agreement.
(C) Reporting of disaggregated data.--The
performance agreement shall require the State to
report, in the annual report under section 8, data
disaggregated in the same manner as data are
disaggregated under section 1111(b)(3)(C)(xiii) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(3)(C)(xiii)).
(c) Application.--
(1) In general.--Each State desiring to enter into a
performance agreement with the Secretary under this Act shall
submit an application to the Secretary at such time, and
accompanied by such information, as the Secretary may require.
(2) Contents.--Each such application shall contain--
(A) a proposed performance agreement;
(B) a description of the State's accountability
system for the proposed performance agreement as
described in section 4;
(C) an assurance that the State will use fiscal
control and fund accounting procedures;
(D) an assurance that the State will continue to
pursue the goal of improving educational opportunities
for the disadvantaged; and
(E) an assurance that not less than 2 of the
following approved the proposed performance agreement:
(i) The Governor of the State.
(ii) The State legislature.
(iii) The State educational agency.
(d) Approval of Performance Agreement.--
(1) In general.--Not later than 60 days after the receipt
of a proposed performance agreement submitted by a State, the
Secretary shall approve the performance agreement or provide
the State with a written determination that the performance
agreement fails to satisfy a requirement of this Act.
(2) Treatment as approved.--Each performance agreement for
which the Secretary fails to take the action required in
paragraph (1) in the time period described in such paragraph
shall be considered to be approved.
(3) Requirement to execute approved agreements.--In
accordance with this Act, the Secretary shall enter into each
performance agreement approved under this subsection.
(4) Disapproval of performance agreement.--If the State's
performance agreement is disapproved, then the State shall have
30 days to resubmit a revised performance agreement. The
Secretary shall approve the revised performance agreement
within 30 days of receipt of the revised performance agreement
or provide the State with a written determination that the
revised performance agreement fails to satisfy a requirement of
this Act.
(e) Civil Rights.--The Secretary may not enter into a performance
agreement with a State under this section unless the performance
agreement contains an assurance that the State will meet the
requirements of applicable Federal civil rights laws in carrying out
the performance agreement and in consolidating and using the funds
under the performance agreement.
(f) Amendment to Performance Agreement.--
(1) In general.--In each of the following circumstances,
the Secretary, subject to approval under paragraph (2), shall
agree to amend a performance agreement entered into with a
State under this Act:
(A) Reduction in scope of performance agreement.--A
State seeks to amend the performance agreement to
remove from the scope of the performance agreement any
program described in section 3.
(B) Expansion of scope of performance agreement.--A
State seeks to amend the performance agreement to
include within the scope of the performance agreement
any additional program described in section 3 or any
additional measure of accountability for which the
State will be held accountable.
(2) Approval of amendment.--
(A) In general.--Not later than 60 days after the
receipt of a proposed performance agreement amendment
submitted by a State, the Secretary shall approve the
amendment or provide the State with a written
determination that the amendment fails to satisfy a
requirement of this Act.
(B) Treatment as approved.--Each amendment for
which the Secretary fails to take the action required
in subparagraph (A) in the time period described in
such subparagraph shall be considered to be approved.
(3) Treatment of program funds withdrawn from agreement.--
Beginning on the effective date of an amendment executed under
paragraph (1)(A), each program requirement of each program
removed from the scope of a performance agreement shall apply
to the State's use of funds made available under the program.
SEC. 3. PROGRAMS ELIGIBLE FOR CONSOLIDATION AND PERMISSIBLE USE OF
FUNDS.
(a) Scope.--A State may choose to include within the scope of its
performance agreement any program for which Congress makes funds
available to the State if the program is for a purpose described in
section 1001 of the Elementary and Education Secondary Act of 1965 (20
U.S.C. 6301).
(b) Uses of Funds.--Funds made available to a State pursuant to a
performance agreement under this Act shall be used for any educational
purpose permitted by State law of the State participating in the
performance agreement.
SEC. 4. MAINTENANCE OF ACADEMIC PERFORMANCE STANDARDS; ACCOUNTABILITY
SYSTEM.
Each State consolidating and using funds under this Act shall
demonstrate an accountability system for the State's performance
agreement. The accountability system shall--
(1) utilize the State's adequate yearly progress
determination under section 1111(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)); or
(2) utilize another measure of annual student progress
relative to the State's determination of student proficiency,
if such measure--
(A) is used for the entire 5-year duration of the
performance agreement; and
(B) provides student achievement data--
(i) in terms of individual student progress
over time; or
(ii) in a comparison assessment.
SEC. 5. MAINTENANCE OF FUNDING LEVELS SPENT BY STATES ON EDUCATION.
For each State consolidating and using funds pursuant to a
performance agreement under this Act, for each school year of the
performance agreement, the aggregate amount of funds spent by the State
on elementary and secondary education shall be not less than 90 percent
of the aggregate amount of funds spent by the State on elementary and
secondary education for the school year that coincides with the date of
enactment of this Act. If a State demonstrates that exceptional or
uncontrollable circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the financial resources of the
State, prevent the State from complying with the preceding sentence,
the Secretary shall waive the applicability of the preceding sentence
to the State.
SEC. 6. ADMINISTRATIVE EXPENSES.
(a) States Consolidating Funds Under Part A of Title I.--Each State
that includes part A of title 1 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) within the scope of a
performance agreement under this Act may use, for administrative
expenses, not more than 1 percent of the total amount of funds made
available to the State under the programs included within the scope of
the performance agreement.
(b) States Not Consolidating Funds Under Part A of Title I.--Each
State that does not include part A of title I of the Elementary and
Secondary Education Act of 1965 within the scope of a performance
agreement under this Act may use, for administrative expenses, not more
than 3 percent of the total amount of funds made available to the State
under the programs included within the scope of the performance
agreement.
SEC. 7. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
Each State consolidating and using funds pursuant to a performance
agreement under this Act shall provide for the participation of private
school children and teachers in the activities assisted under the
performance agreement in the same manner as participation is provided
to private school children and teachers under section 9501 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).
SEC. 8. ANNUAL REPORTS.
(a) In General.--Not later than 1 year after the execution of the
performance agreement, and annually thereafter, each State shall
disseminate widely to the parents, the general public, and the
Secretary, a report that includes--
(1) student performance data disaggregated in the same
manner as data are disaggregated under section
1111(b)(3)(C)(xiii) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(3)(C)(xiii)); and
(2) a description of how the State has used Federal funds
to improve academic achievement, narrow the achievement gap,
and improve educational opportunities for the disadvantaged.
(b) Submission to Congress.--Not later than 60 days after the
Secretary receives a report under subsection (a), the Secretary shall
submit that report to Congress, together with any other information the
Secretary considers appropriate.
SEC. 9. PERFORMANCE REVIEW AND EARLY TERMINATION.
(a) Review.--For each State having in effect a performance
agreement under this Act, the Secretary shall carry out a review of the
performance agreement, at the midpoint of the duration of the
performance agreement, in order to determine whether the State has met
the terms of the performance agreement described in section 2.
(b) Early Termination.--The Secretary may terminate a performance
agreement, before the duration of that performance agreement expires,
if the State does not, for 3 consecutive school years, meet the terms
of the performance agreement described in section 2. | Academic Partnerships Lead Us to Success Act or the A PLUS Act - Allows each state to enter into a five-year performance agreement with the Secretary of Education permitting it to receive federal funds on a consolidated basis that would otherwise be directed toward specific programs furthering the stated purpose of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965.
Requires each agreement to be approved by a combination of specified state parties, and list the programs for which consolidated funding is requested. Allows states to use such funds for any educational purpose permitted by state law, but requires states to make certain assurances that they will use fiscal control and fund accounting procedures, abide by federal civil rights laws, and advance educational opportunities for the disadvantaged. Allows amendments to the scope of performance agreements.
Requires each agreement state to: (1) maintain an accountability system measuring annual student progress toward state proficiency standards; (2) annually disseminate student performance data disaggregated by specified student groups; and (3) keep aggregate spending on elementary and secondary education at no less than 90% of such spending for the school year coinciding with this Act's enactment.
Limits administrative expenses.
Requires the inclusion of private schools and teachers in activities funded on a consolidated basis.
Directs the Secretary to evaluate each performance agreement midway through its execution. Allows the Secretary to terminate an agreement whose terms are not met for three consecutive school years. | {"src": "billsum_train", "title": "A bill to allow a State to combine certain funds and enter into a performance agreement with the Secretary of Education to improve the academic achievement of students."} | 2,796 | 319 | 0.553906 | 1.651523 | 0.777928 | 2.189286 | 9.092857 | 0.810714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intellectual Property Protection Act
of 2002''.
SEC. 2. FINDINGS.
Congress finds that--
(1) American innovation, and the protection of that
innovation by the government, has been a critical component of
the economic growth of this Nation throughout the history of
the Nation;
(2) copyright-based industries represent one of the most
valuable economic assets of this country, contributing over 5
percent of the gross domestic product of the United States and
creating significant job growth and tax revenues;
(3) the American intellectual property sector employs
approximately 4,300,000 people, representing over 3 percent of
total United States employment;
(4) the proliferation of organized criminal counterfeiting
enterprises threatens the economic growth of United States
copyright industries;
(5) in 2001, the United States entertainment software
industry lost $1,800,000,000 in revenue, and the business
software industry lost $11,000,000,000 worldwide, due to
piracy;
(6) in 2001, the motion picture industry lost
$3,000,000,000 in potential worldwide revenue, the music
industry lost $4,300,000,000 worldwide, and the publishing
industry lost $636,000,000 worldwide, due to piracy, and these
figures do not include losses due to online piracy;
(7) the American intellectual property sector has invested
millions of dollars to develop highly sophisticated physical
authentication features that assist consumers and law
enforcement in distinguishing genuine intellectual property
products and packaging from counterfeits;
(8) in order to thwart these industry efforts,
counterfeiters traffic in, and tamper with, genuine physical
authentication features, for example, by obtaining genuine
physical authentication features through illicit means and then
commingling these features with counterfeit software or
packaging;
(9) Federal law does not provide adequate civil and
criminal remedies to combat tampering activities that directly
facilitate counterfeiting crimes; and
(10) in order to strengthen Federal enforcement against
counterfeiting of copyrighted works, Congress must enact
legislation that--
(A) prohibits trafficking in, and tampering with,
physical authentication features of copyrighted works;
and
(B) permits aggrieved parties an appropriate civil
cause of action.
SEC. 3. PROHIBITION AGAINST TRAFFICKING IN ILLICIT PHYSICAL
AUTHENTICATION FEATURES.
(a) In General.--Section 2318 of title 18, United States Code, is
amended--
(1) by striking the heading and inserting ``Trafficking in
counterfeit labels, illicit physical authentication features,
or counterfeit documentation or packaging'';
(2) by striking subsection (a) and inserting the following:
``(a) Whoever, in any of the circumstances described in subsection
(c), knowingly traffics in--
``(1) a counterfeit label affixed to, or designed to be
affixed to--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other
audiovisual work; or
``(D) documentation or packaging;
``(2) an illicit physical authentication feature affixed to
or embedded in, or designed to be affixed to or embedded in--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other
audiovisual work; or
``(D) documentation or packaging; or
``(3) counterfeit documentation or packaging,
shall be fined under this title or imprisoned for not more than 5
years, or both.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3)--
(i) by striking ``and `audiovisual work'
have'' and inserting the following: ``,
`audiovisual work', `sound recording', and
`copyright owner' have''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) the term `physical authentication feature' means any
visually perceptible hologram, watermark, certification,
symbol, image, sequence of numbers or letters, or other
physical feature that either individually or in combination
with another feature is used by the respective copyright owner
to verify that a phonorecord, a copy of a computer program, a
copy of a motion picture or other audiovisual work, or
documentation or packaging is not counterfeit or otherwise
infringing of any copyright;
``(5) the term `documentation or packaging' means
documentation or packaging for a phonorecord, copy of a
computer program, or copy of a motion picture or other
audiovisual work; and
``(6) the term `illicit physical authentication feature'
means a physical authentication feature, that--
``(A) is genuine in origin, but, without the
authorization of the respective copyright owner, has
been tampered with or altered for the purpose of
inducing a third party to reproduce or accept
distribution of--
``(i) a phonorecord;
``(ii) a copy of a computer program;
``(iii) a copy of a motion picture or other
audiovisual work; or
``(iv) documentation or packaging;
where such reproduction or distribution violates the
rights of the copyright owner under title 17;
``(B) is genuine, but has been distributed, or is
intended for distribution, without the authorization of
the respective copyright owner and not in connection
with the lawfully made copy or phonorecord to which
such physical authentication feature was intended to be
affixed or embedded by the respective copyright owner;
or
``(C) appears to be genuine, but is not.'';
(4) in subsection (c)--
(A) by striking paragraph (3) and inserting the
following:
``(3) the counterfeit label or illicit physical
authentication feature is affixed to, is embedded in, or
encloses, or is designed to be affixed to, to be embedded in,
or to enclose--
``(A) a phonorecord of a copyrighted sound
recording;
``(B) a copy of a copyrighted computer program;
``(C) a copy of a copyrighted motion picture or
other audiovisual work; or
``(D) copyrighted documentation or packaging; or'';
and
(B) in paragraph (4), by striking ``for a computer
program'';
(5) in subsection (d)--
(A) by inserting ``or illicit physical
authentication features'' after ``counterfeit labels''
each place it appears;
(B) by inserting ``or illicit physical
authentication features'' after ``such labels''; and
(C) by inserting before the period at the end the
following: ``, and of any equipment, device, or
materials used to manufacture, reproduce, or assemble
the counterfeit labels or illicit physical
authentication features''; and
(6) by adding at the end the following:
``(f) Civil Remedies for Violation.--
``(1) In general.--Any copyright owner who is injured by a
violation of this section or is threatened with injury, may
bring a civil action in an appropriate United States district
court.
``(2) Discretion of court.--In any action brought under
paragraph (1), the court--
``(A) may grant 1 or more temporary or permanent
injunctions on such terms as the court determines to be
reasonable to prevent or restrain violations of this
section;
``(B) at any time while the action is pending, may
order the impounding, on such terms as the court
determines to be reasonable, of any article that is in
the custody or control of the alleged violator and that the court has
reasonable cause to believe was involved in a violation of this
section; and
``(C) may award to the injured party--
``(i) reasonable attorney fees and costs;
and
``(ii)(I) actual damages and any additional
profits of the violator, as provided by
paragraph (3); or
``(II) statutory damages, as provided by
paragraph (4).
``(3) Actual damages and profits.--
``(A) In general.--The injured party is entitled to
recover--
``(i) the actual damages suffered by the
injured party as a result of a violation of
this section, as provided by subparagraph (B);
and
``(ii) any profits of the violator that are
attributable to a violation of this section and
are not taken into account in computing the
actual damages.
``(B) Calculation of damages.--The court shall
calculate actual damages by multiplying--
``(i) the value of the phonorecords or
copies to which counterfeit labels, illicit
physical authentication features, or
counterfeit documentation or packaging were
affixed or embedded, or designed to be affixed
or embedded; by
``(ii) the number of phonorecords or copies
to which counterfeit labels, illicit physical
authentication features, or counterfeit
documentation or packaging were affixed or
embedded, or designed to be affixed or
embedded,
unless such calculation would underestimate the actual
harm suffered by the copyright owner.
``(C) Definition.--For purposes of this paragraph,
the term `value of the phonorecord or copy' means--
``(i) the retail value of an authorized
phonorecord of a copyrighted sound recording;
``(ii) the retail value of an authorized
copy of a copyrighted computer program; or
``(iii) the retail value of an authorized
copy of a copyrighted motion picture or other
audiovisual work.
``(4) Statutory damages.--The injured party may elect, at
any time before final judgment is rendered, to recover, instead
of actual damages and profits, an award of statutory damages
for each violation of this section in a sum of not less than
$2,500 or more than $25,000, as the court considers
appropriate.
``(5) Subsequent violation.--The court may increase an
award of damages under this subsection by 3 times the amount
that would otherwise be awarded, as the court considers
appropriate, if the court finds that a person has subsequently
violated this section within 3 years after a final judgment was
entered against that person for a violation of this section.
``(6) Limitation on actions.--A civil action may not be
commenced under this section unless it is commenced within 3
years after the date on which the claimant discovers the
violation.
``(g) Other Rights Not Affected.--Nothing in this section shall
enlarge, diminish, or otherwise affect liability under section 1201 or
1202 of title 17.''.
(b) Technical and Conforming Amendment.--The item relating to
section 2318 in the table of sections at the beginning of chapter 113
of title 18, United States Code, is amended to read as follows:
``2318. Trafficking in counterfeit labels, illicit authentication
features, or counterfeit documentation or
packaging.''. | Intellectual Property Protection Act of 2002 - Amends the Federal criminal code to prohibit trafficking in a physical authentication feature that: (1) is genuine but has been tampered with or altered without the authorization of the copyright owner to induce a third party to reproduce or accept distribution of a phono-record, a copy of a computer program, a copy of a motion picture or other audiovisual work, or documentation or packaging, where such reproduction or distribution violates the rights of the copyright owner; (2) is genuine but has been or is intended to be distributed without the authorization of the copyright owner and not in connection with the lawfully made copy or phono-record to which it was intended to be affixed or embedded by the copyright owner; or (3) appears to be genuine but is not.Authorizes an injured copyright owner to bring a civil action in an appropriate U.S. district court. Sets forth remedies for violations. | {"src": "billsum_train", "title": "To prevent and punish counterfeiting and copyright piracy, and for other purposes."} | 2,506 | 210 | 0.457366 | 1.435456 | 0.687206 | 4.169492 | 13.062147 | 0.937853 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oral Health Initiative Act of
2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The first-ever Surgeon General's report on oral health,
released in May 2000, identified a ``silent epidemic'' of
dental and oral diseases that burdens some population groups,
and calls for a national partnership to provide opportunities
for individuals, communities, and the health professions to
work together to maintain and improve the nation's oral health.
(2) The Government Accountability Office has determined
that dental disease is a chronic problem among many low-income
and other vulnerable populations.
(3) The National Institutes of Health 2001 Consensus
Development Conference on Diagnosis and Management of Dental
Caries Throughout Life found that dental decay is the most
common chronic childhood disease among children in the United
States.
(4) Research in the American Journal of Preventive Medicine
determined that dental disease affects 1 in 5 children aged 2
to 4, half of those aged 6 to 8, and nearly three-fifths of 15
year olds.
(5) ``Oral Health in America: A Report of the Surgeon
General'' published in April 2002 found that tooth decay is 5
times more common than asthma among school age children.
(6) In 2005, the Centers for Disease Control and Prevention
estimated that 43 percent of black children have untreated
tooth decay in permanent teeth, and that children living in
poverty suffer twice as much tooth decay as middle and upper
income children.
(7) The American Academy of Pediatric Dentistry has
reported that 80 percent of all dental problems are found in 25
percent of children, primarily those from lower-income
families.
(8) Researchers have determined that preventive dental
interventions, including early and routine preventive care,
fluoridation, and sealants are cost effective in reducing
disease and associated expenditures.
(9) A broad array of programs exists, totaling more than
$45,000,000 annually, excluding National Institutes of Health
research of $300,000,000 a year and Medicaid and SCHIP funding
of $4,700,000,000 a year, within several agencies of the
Department of Health and Human Services to address oral health
needs, yet serious access problems remain for underserved
populations.
(10) The 110th Congress has recognized the importance of
dental care by adding a guaranteed dental benefit to the
Children's Health Insurance Program Reauthorization Act of
2007.
(11) The Senate Budget Resolution for fiscal year 2009
supports funding for improved access to oral health care in the
United States.
SEC. 3. PURPOSE.
It is the purpose of this Act to establish a multi-faceted approach
to improve access and eliminate disparities in oral health care.
SEC. 4. ORAL HEALTH WORKING GROUP.
(a) Establishment.--Not later than 60 days after the effective date
of this Act, the Secretary of Health and Human Services (referred to in
this Act as the ``Secretary'') shall establish within the Office of the
Secretary an Oral Health Working Group (referred to in this Act as the
``Group'') to review the effectiveness of, and recommend improvements
to, existing Federal oral health programs, and develop programs to
improve the oral health of, and prevent dental disease in, children,
Medicaid-eligible adults, medically-compromised adults, and other
vulnerable populations who are among those Americans at highest risk of
dental disease.
(b) Composition.--The Group shall be composed of a representative
from each of the following:
(1) The Agency for Healthcare Research and Quality.
(2) The Bureau of Primary Health Care.
(3) The Bureau of Health Professions.
(4) The Centers for Disease Control and Prevention.
(5) The Centers for Medicare & Medicaid Services.
(6) The HIV-AIDS Bureau.
(7) The Indian Health Service.
(8) The Maternal and Child Health Bureau.
(9) The National Institute of Dental and Craniofacial
Research.
(10) The Office of Minority Health and Health Disparities.
(11) The Office of Disability.
(12) The Office of Head Start.
(13) Any other offices or divisions as determined
appropriate by the Secretary.
(c) Duties.--The group shall--
(1) review existing oral health programs and policies
within the Department of Health and Human Services, including--
(A) oral health provider training programs;
(B) the availability of access to oral health care
under such programs (such as community health center
access);
(C) oral health disease tracking trends; and
(D) oral health research programs;
(2) identify duplicative or overlapping oral health
programs;
(3) identify opportunities for new oral health programs;
(4) make recommendations for the improved coordination of
oral health programs;
(5) make recommendations on spending for oral health care
programs in each of the agencies of the Department of Health
and Human Services;
(6) evaluate the adequacy of Federal support for State oral
health programs;
(7) make recommendations for improvements to the financing
of oral health care;
(8) make recommendations for monitoring and evaluating the
quality of dental care financed with Federal funds;
(9) identify efforts to cost-effectively prevent and manage
dental disease in low-income and high-risk populations; and
(10) carry out any other activities determined appropriate
by the Secretary.
(d) Advisory Panel.--
(1) Establishment.--The Secretary shall establish an
advisory panel to provide advice and recommendations to the
Group in carrying out subsection (d).
(2) Composition.--The advisory panel shall be composed of
an appropriate number of individuals to be appointed by the
Secretary, and shall include--
(A) a dentist;
(B) a pediatric dentist;
(C) a dental educator;
(D) a State Medicaid or State Children's Health
Insurance Program dental director;
(E) a dentist who serves as a State dental
director;
(F) a dentist who practices in a federally
qualified health center;
(G) an allied dental practitioner;
(H) a dental insurer; and
(I) any other entity determined appropriate by the
Secretary.
(3) Requirements.--In making appointments to the advisory
panel under paragraph (2), the Secretary shall ensure--
(A) a broad geographic representation of members
and a balance between urban and rural members;
(B) that members are appointed based on their
competence, interest, and knowledge of the mission of
dentistry; and
(C) an adequate representation of minorities.
(4) Terms.--A member of the advisory panel shall be
appointed for a term of 2 years.
(5) Vacancies.--A vacancy on the advisory panel shall be
filled in the manner in which the original appointment was made
and shall be subject to any conditions which applied with
respect to the original appointment. An individual appointed to
fill a vacancy shall be appointed for the unexpired term of the
member being replaced.
(6) Meetings.--The advisory panel shall meet not less than
2 times each year. Such meetings shall be held jointly with
other meetings related to the oral health initiative under this
Act when appropriate.
(7) Compensation.--Each member of the advisory panel shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
panel.
(8) Expenses.--Members of the advisory panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the panel.
(9) PACA.--The Federal Advisory Committee Act shall apply
to the advisory panel under this subsection only to the extent
that the provisions of such Act do not conflict with the
requirements of this subsection.
(e) Reports.--Not later than December 31, 2010, and each December
31 thereafter, the Group shall submit to the Secretary and the
appropriate committees of Congress, a report concerning the findings
and recommendations of the Group under subsection (c).
(f) Authorization of Appropriations.--There is authorized to be
appropriated, such sums as may be necessary in each fiscal year to
carry out this Act.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect on February 1, 2009. | Oral Health Initiative Act of 2008 - Requires the Secretary of Health and Human Services to establish an Oral Health Working Group to: (1) review the effectiveness of, and recommend improvements to, existing federal oral health programs; and (2) develop programs to improve the oral health of, and prevent dental disease in, children, Medicaid-eligible adults, medically-compromised adults, and other vulnerable populations at the highest risk of dental disease.
Sets forth duties for the Group, including to: (1) review existing oral health programs and policies within the Department of Health and Human Services (HHS); (2) identify opportunities for new programs; and (3) make recommendations for improvements to the financing of oral health care.
Requires the Secretary to establish an advisory panel to provide advise and recommendations to the Group. | {"src": "billsum_train", "title": "A bill to establish a multi-faceted approach to improve access and eliminate disparities in oral health care."} | 1,803 | 166 | 0.525135 | 1.504791 | 0.700855 | 5.814815 | 11.04321 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biennial Appropriations Act''.
SEC. 2. REVISION OF TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631)
is amended to read as follows:
``timetable
``Sec. 300. (a) Timetable.--
``(1) In general.--The timetable with respect to the
congressional budget process for any fiscal year is as follows:
``On or before: Action to be completed:
First Monday in February................ President submits his budget.
February 15............................. Congressional Budget Office submits report to Budget Committees.
Not later than 6 weeks after President Committees submit views and estimates to Budget Committees.
submits budget.
April 1................................. Budget Committees report concurrent resolution on the budget.
April 15................................ Congress completes action on concurrent resolution on the budget.
May 15.................................. Biennial appropriation bills and the defense appropriation bill may be
considered in the House as provided in subsection (b).
June 10................................. House Appropriations Committee reports last appropriation bill.
June 15................................. Congress completes action on reconciliation legislation.
June 30................................. House completes action on appropriation bills.
August 1................................ Congress completes action on appropriation bills.
October 1............................... Fiscal year begins.
``(2) Special rule.--In the case of any first session of
Congress that begins in any year immediately following a leap
year and during which the term of a President (except a
President who succeeds himself or herself) begins, the
following dates shall supersede those set forth in subsection
(a):
``First Session
On or before: Action to be completed:
First Monday in April................... President submits his budget.
April 15................................ Congressional Budget Office submits report to Budget Committees.
April 20................................ Committees submit views and estimates to Budget Committees.
May 15.................................. Budget Committees report concurrent resolution on the biennial budget.
June 1.................................. Congress completes action on concurrent resolution on the biennial
budget.
July 1.................................. Biennial appropriation bills may be considered in the House.
July 20................................. Biennial appropriation bills and the defense appropriation bill may be
considered in the House as provided in subsection (b).
August 1................................ Congress completes action on biennial appropriations bills and
reconciliation legislation.
October 1............................... Biennium begins.
``(b) Biennial Appropriation Bills and Defense Appropriation
Bill.--Appropriation bills shall be enacted as follows:
``(1) Odd-numbered years.--In odd-numbered years Congress
shall consider pursuant to the budget process in this title and
enact--
``(A) an annual defense appropriation bill; and
``(B) biennial appropriation bills for--
``(i) Agriculture;
``(ii) Transportation, HUD;
``(iii) Interior, Environment;
``(iv) Labor, HHS, Education; and
``(v) Military Construction, Veterans
Affairs.
``(2) Even-numbered years.--In even-numbered years Congress
shall consider pursuant to the budget process in this title and
enact--
``(A) an annual defense appropriation bill; and
``(B) biennial appropriation bills for--
``(i) Commerce, Justice, Science;
``(ii) Energy and Water;
``(iii) Homeland Security;
``(iv) Financial Services;
``(v) Legislative Branch; and
``(vi) State-Foreign Operations.''
SEC. 3. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL
ACT OF 1974.
(a) Definitions.--Section 3 of such Act (2 U.S.C. 622) is further
amended by adding at the end the following new paragraph:
``(11) The term `biennium' means the period of 2
consecutive fiscal years beginning on October 1.''.
(b) Committee Allocations.--Section 302 of such Act (2 U.S.C. 633)
is amended--
(1) in subsection (a)(1), by--
(A) inserting after ``for the first fiscal year of
the resolution,'' the following: ``and for
appropriations for each fiscal year in the biennium and
for the first fiscal year of the resolution for
defense,'';
(B) striking ``for that period of fiscal years''
and inserting ``for all fiscal years covered by the
resolution''; and
(C) inserting after ``for the fiscal year of that
resolution'' the following: ``for defense and for each
fiscal year in the biennium'';
(2) in subsection (b), by inserting after ``budget year''
the following: ``for defense and the biennium''; and
(3) in subsection (f)(2)(A), by--
(A) inserting after ``the first fiscal year'' and
inserting ``or each fiscal year of the biennium''; and
(B) striking ``the total of fiscal years'' and
inserting ``the total of all fiscal years covered by
the resolution''.
SEC. 4. AMENDMENTS TO TITLE 31, UNITED STATES CODE.
(a) Definition.--Section 1101 of title 31, United States Code, is
amended by adding at the end thereof the following new paragraph:
``(3) `biennium' has the meaning given to such term in
paragraph (11) of section 3 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 622(11)).''.
(b) Budget Contents and Submission to the Congress.--
(1) Expenditures.--Section 1105(a)(5) of title 31, United
States Code, is amended by striking ``the fiscal year for which
the budget is submitted and the 4 fiscal years after that
year'' and inserting ``each fiscal year in the biennium for
which the budget is submitted and in the succeeding 4 fiscal
years''.
(2) Receipts.--Section 1105(a)(6) of title 31, United
States Code, is amended by striking ``the fiscal year for which
the budget is submitted and the 4 fiscal years after that
year'' and inserting ``each fiscal year in the biennium for
which the budget is submitted and in the succeeding 4 years''.
(3) Balance statements.--Section 1105(a)(9)(C) of title 31,
United States Code, is amended by striking ``the fiscal year''
and inserting ``each fiscal year in the biennium''.
(4) Functions and activities.--Section 1105(a)(12) of title
31, United States Code, is amended in subparagraph (A), by
striking ``the fiscal year'' and inserting ``each fiscal year
in the biennium''.
(5) Allowances.--Section 1105(a)(13) of title 31, United
States Code, is amended by striking ``the fiscal year'' and
inserting ``each fiscal year in the biennium''.
(6) Allowances for uncontrolled expenditures.--Section
1105(a)(14) of title 31, United States Code, is amended by
striking ``that year'' and inserting ``each fiscal year in the
biennium for which the budget is submitted''.
(7) Tax expenditures.--Section 1105(a)(16) of title 31,
United States Code, is amended by striking ``the fiscal year''
and inserting ``each fiscal year in the biennium''.
(8) Future years.--Section 1105(a)(17) of title 31, United
States Code, is amended--
(A) by striking ``the fiscal year following the
fiscal year'' and inserting ``each fiscal year in the
biennium following the biennium'';
(B) by striking ``that following fiscal year'' and
inserting ``each such fiscal year''; and
(C) by striking ``fiscal year before the fiscal
year'' and inserting ``biennium before the biennium''.
(9) Prior year outlays.--Section 1105(a)(18) of title 31,
United States Code, is amended--
(A) by striking ``the prior fiscal year'' and
inserting ``each of the 2 most recently completed
fiscal years,'';
(B) by striking ``for that year'' and inserting
``with respect to those fiscal years''; and
(C) by striking ``in that year'' and inserting ``in
those fiscal years''.
(10) Prior year receipts.--Section 1105(a)(19) of title 31,
United States Code, is amended--
(A) by striking ``the prior fiscal year'' and
inserting ``each of the 2 most recently completed
fiscal years'';
(B) by striking ``for that year'' and inserting
``with respect to those fiscal years''; and
(C) by striking ``in that year'' each place it
appears and inserting ``in those fiscal years''.
(c) Estimated Expenditures of Legislative and Judicial Branches.--
Section 1105(b) of title 31, United States Code, is amended by striking
``each year'' and inserting ``each even-numbered year''.
(d) Recommendations To Meet Estimated Deficiencies.--Section
1105(c) of title 31, United States Code, is amended--
(1) by striking ``the fiscal year for'' the first place it
appears and inserting ``each fiscal year in the biennium for'';
(2) by striking ``the fiscal year for'' the second place it
appears and inserting ``each fiscal year of the biennium, as
the case may be, for''; and
(3) by striking ``for that year'' and inserting ``for each
fiscal year of the biennium''.
(e) Capital Investment Analysis.--Section 1105(e)(1) of title 31,
United States Code, is amended by striking ``ensuing fiscal year'' and
inserting ``biennium to which such budget relates''.
SEC. 5. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF APPROPRIATIONS
ACTS.
Section 105 of title 1, United States Code, is amended to read as
follows:
``Sec. 105. Title and style of appropriations Acts
``(a) In General.--
``(1) Nondefense.--Except as provided in paragraph (2), the
style and title of all Acts making appropriations for the
support of the Government shall be as follows: `An Act making
appropriations (here insert the object) for each fiscal year in
the biennium of fiscal years (here insert the fiscal years of
the biennium).'.
``(2) Defense.--The style and title of Acts making
appropriations for the support of defense shall be as follows:
`An Act making appropriations for defense for fiscal year (here
insert the fiscal year).'.
``(3) Amounts.--All Acts making regular appropriations for
the support of the Government shall specify the amount of
appropriations provided for each fiscal year in such period.
``(b) Definitions.--In this section--
``(1) the term `biennium' has the same meaning as in
section 3(11) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 622(11)); and
``(2) Acts described in subsection (a)(1) shall be
considered as provided in section 300(b) of the Congressional
Budget Act of 1974 (2 U.S.C. 631(b)).''.
SEC. 6. MULTIYEAR AUTHORIZATIONS.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``authorizations of appropriations
``Sec. 316. (a) Point of Order.--It shall not be in order in the
House of Representatives or the Senate to consider--
``(1) any bill, joint resolution, amendment, motion, or
conference report that authorizes appropriations for a period
of less than 2 fiscal years, unless the program, project, or
activity for which the appropriations are authorized will
require no further appropriations and will be completed or
terminated after the appropriations have been expended; and
``(2) in any odd-numbered year, any authorization or
revenue bill or joint resolution until Congress completes
action on the biennial budget resolution, all regular biennial
appropriations bills, and all reconciliation bills.
``(b) Applicability.--In the Senate, subsection (a) shall not apply
to--
``(1) defense;
``(2) any measure that is privileged for consideration
pursuant to a rule or statute;
``(3) any matter considered in Executive Session; or
``(4) an appropriations measure or reconciliation bill.''.
(b) Amendment to Table of Contents.--The table of contents set
forth in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by adding after the item relating to
section 315 the following new item:
``Sec. 316. Authorizations of appropriations.''.
SEC. 7. CONGRESSIONAL OVERSIGHT.
(a) In General.--In each year that the activities of an agency are
not required to be funded pursuant to section 300(b) of the
Congressional Budget Act of 1974, the committee of the House and the
Senate with legislative jurisdiction over that agency shall hold a
joint oversight hearing with the corresponding subcommittee of the
Committee on Appropriations of their respective House with jurisdiction
over the agency.
(b) Hearing.--The hearing required by subsection (a) shall review--
(1) the mission of the agency;
(2) the impact of biennial budgeting on agency efficiency;
(3) the cost savings associated with biennial budgeting;
(4) new programs created in the off year of the agency
budget; and
(5) programs that were terminated in the off year of the
agency budget.
SEC. 8. REPORT ON TWO-YEAR FISCAL PERIOD.
Not later than 180 days after the date of enactment of this Act,
the Director of OMB shall--
(1) determine the impact and feasibility of changing the
definition of a fiscal year and the budget process based on
that definition to a 2-year fiscal period with a biennial
budget process based on the 2-year period; and
(2) report the findings of the study to the Committees on
the Budget of the House of Representatives and the Senate.
SEC. 9. EFFECTIVE DATE.
Except as provided in section 7, this Act and the amendments made
by this Act shall take effect on January 1, 2013, and shall apply to
budget resolutions and appropriations for the biennium beginning with
fiscal year 2014. | Biennial Appropriations Act - Amends the Congressional Budget Act of 1974 to require biennial (instead of annual) appropriations Acts, with the exception of annual defense appropriation bills.
Defines the budget biennium as the two consecutive fiscal years beginning on October 1.
Requires the committees of the House and Senate with legislative jurisdiction over an agency, in each year that the agency's activities are not required to be funded, to hold a joint oversight hearing on the impact of biennial budgeting on the agency with the corresponding subcommittee of the respective Committee on Appropriations with jurisdiction over the agency.
Requires the Director of the Office of Management and Budget (OMB) to: (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a two-year fiscal period with a biennial budget process based on such period, and (2) report the findings to the House and Senate Budget Committees.
var spryselect1 = new Spry.Widget.ValidationSelect("spryselect1"); | {"src": "billsum_train", "title": "A bill to provide for a biennial appropriations process with the exception of defense spending and to enhance oversight and the performance of the Federal Government."} | 3,473 | 259 | 0.471874 | 1.202617 | 0.678945 | 3.907216 | 15.314433 | 0.917526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infant Crib Safety Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The disability and death of infants resulting from
injuries sustained in crib incidents are a serious threat to
the public health, welfare, and safety of people of this
country.
(2) The design and construction of a baby crib must ensure
that it is safe to leave an infant unattended for extended
periods of time. A parent or caregiver has a right to believe
that the crib in use is a safe place to leave an infant.
(3) Each year about 12,000 children ages 2 and under are
injured in cribs seriously enough to require hospital
treatment.
(4) Each year at least 30 children age 4 and under die from
injuries sustained in cribs.
(5) The United States Consumer Product Safety Commission
estimates that the cost to society resulting from deaths due to
cribs is at least $150,000,000 per year.
(6) Secondhand, hand-me-down, and heirloom cribs pose a
special problem. There are nearly 4 million infants born in
this country each year, but only an estimated one million to
two million new cribs sold. Many infants are placed in
secondhand, hand-me-down, or heirloom cribs.
(7) Most crib deaths occur in secondhand, hand-me-down, or
heirloom cribs.
(8) Existing State and Federal legislation is inadequate to
deal with the hazard presented by secondhand, hand-me-down, or
heirloom cribs.
(9) Prohibiting the contracting to sell, resell, lease,
sublease of unsafe cribs that are not new, or otherwise place
in the stream of commerce unsafe secondhand, hand-me-down, or
heirloom cribs, will prevent injuries and deaths caused by
cribs.
(b) Purpose.--The purpose of this Act is to prevent the occurrence
of injuries and deaths to infants as a result of unsafe cribs by making
it illegal--
(1) to manufacture, sell, or contract to sell any crib that
is unsafe for any infant using it; or
(2) to resell, lease, sublet, or otherwise place in the
stream of commerce, after the effective date of this Act, any
unsafe crib, particularly any unsafe secondhand, hand-me-down,
or heirloom crib.
SEC. 3. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Commercial user.--
(A) The term ``commercial user'' means--
(i) any person who manufactures, sells, or
contracts to sell full-size cribs or nonfull-
size cribs; or
(ii) any person who--
(I) deals in full-size or nonfull-
size cribs that are not new or who
otherwise by one's occupation holds
oneself out as having knowledge or
skill peculiar to full-size cribs or
nonfull-size cribs, including child
care facilities and family child care
homes; or
(II) is in the business of
contracting to sell or resell, lease,
sublet, or otherwise placing in the
stream of commerce full-size cribs or
nonfull-size cribs that are not new.
(B) The term ``commercial user'' does not mean an
individual who sells a used crib at a one-time private
sale.
(2) Crib.--The term ``crib'' means a full-size crib or
nonfull-size crib.
(3) Full-size crib.--The term ``full-size crib'' means a
full-size baby crib as defined in section 1508.1 of title 16 of
the Code of Federal Regulations.
(4) Infant.--The term ``infant'' means any person less than
35 inches tall or less than 2 years of age.
(5) Nonfull-size crib.--The term ``nonfull-size crib''
means a nonfull-size baby crib as defined in section 1509.2(b)
of title 16 of the Code of Federal Regulations (including a
portable crib and a crib-pen described in paragraph (2) of
subsection (b) of that section).
SEC. 4. REQUIREMENTS FOR CRIBS.
The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is
amended by adding at the end the following new section:
``SEC. 25. REQUIREMENTS FOR CRIBS.
``(a) Manufacture and Sale of Cribs.--It shall be unlawful for any
commercial user--
``(1) to manufacture, sell, or contract to sell, any full-
size crib or nonfull-size crib that is unsafe for any infant
using it; or
``(2) to sell, contract to sell or resell, lease, sublet,
or otherwise place in the stream of commerce, any full-size or
nonfull-size crib that is not new and that is unsafe for any
infant using the crib.
``(b) Provision of Cribs by Lodging Facilities.--It shall be
unlawful for any hotel, motel, or similar transient lodging facility to
offer or provide for use or otherwise place in the stream of commerce,
on or after the effective date of this Act, any full-size crib or
nonfull-size crib that is unsafe for any infant using it.
``(c) Adherence to Crib Safety Standards.--A full-size crib,
nonfull-size crib, portable crib, playpen, or play yard, shall be
presumed to be unsafe under this Act if it does not conform to the
standards applicable to the product as listed below:
``(1) Part 1508 (commencing with section 1508.1) of title
16 of the Code of Federal Regulations. (Requirements for full-
size baby cribs).
``(2) Part 1509 (commencing with section 1509.1) of title
16 of the Code of Federal Regulations. (Requirements for
nonfull-size baby cribs).
``(3) American Society for Testing Materials F406 Consumer
Safety Specification for Play Yards.
``(4) American Society for Testing Materials F1169 Consumer
Safety Specification for Full-Size Cribs.
``(5) American Society for Testing Materials F1822 Consumer
Safety Specification for Non-Full-Size Cribs.
``(6) American Society for Testing and Materials F966
Consumer Safety Specification for Full-Size and Non-Full Size
Baby Crib Corner Post Extensions.
``(7) Part 1303 (commencing with section 1303.1) of title
16 of the Code of Federal Regulations.
``(8) Any amendments to the above regulations or standards
or any other regulations or standards that are adopted in order
to amend or supplement the regulations or standards described
in paragraphs (1) through (6)
``(d) Designation as Hazardous Substance.--A full-size or nonfull-
size crib that is not in compliance with the requirements of this
section shall be considered to be a banned hazardous substance under
section 1261(q) of this title.
``(e) Exception.--These requirements shall not apply to a full-size
crib or nonfull-size crib that is not intended for use by an infant,
including a toy or display item, if at the time it is manufactured,
made subject to a contract to sell or resell, leased, subletted, or
otherwise placed in the stream of commerce, as applicable, it is
accompanied by a notice to be furnished by each commercial user
declaring that the crib is not intended to be used for an infant and is
dangerous to use for an infant.''.
SEC. 5. EFFECTIVE DATE.
This Act shall be effective 90 days after the date of its
enactment. | Infant Crib Safety Act - Amends the Federal Hazardous Substances Act to make it unlawful for any commercial user to: (1) manufacture, sell, or contract to sell any full-size or nonfull-size crib which is unsafe for any infant; or (2) sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce any such crib which is not new and is unsafe for any infant.
Makes it unlawful for any lodging facility to offer or provide an unsafe crib.
Presumes a crib to be unsafe which does not conform to the Code of Federal Regulations and the American Society for Testing Materials Voluntary Standards, unless labeled as dangerous for an infant and not intended to be used for one. | {"src": "billsum_train", "title": "To provide for infant crib safety, and for other purposes."} | 1,744 | 163 | 0.606883 | 1.796052 | 0.925938 | 4.489655 | 10.944828 | 0.931034 |
SECTION 1. REDUCTION IN LIMITATION AMOUNTS FOR CONTRIBUTIONS TO
CANDIDATES FOR FEDERAL OFFICE.
(a) Limitation Amount for Contributions by Persons Other Than
Multicandidate Political Committees.--Section 315(a)(1)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is
amended by striking out ``$1,000'' and inserting in lieu thereof
``$500''.
(b) Limitation Amount for Contributions by Multicandidate Political
Committees.--Section 315(a)(2)(A) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000''
and inserting in lieu thereof ``$500''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to elections taking place after December 31,
1990.
SEC. 2. INCOME TAX CREDIT FOR CONTRIBUTIONS TO CANDIDATES FOR PUBLIC
OFFICE.
(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 23 the
following new section:
``SEC. 24. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE.
``(a) General Rule.--In the case of an individual, there shall be
allowed, subject to the limitations in subsection (b), as a credit
against the tax imposed by this chapter for the taxable year, an amount
equal to 50 percent of all political contributions, payment of which is
made by the taxpayer within the taxable year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed by subsection (a)
for a taxable year shall not exceed $125 ($250 in the case of a
joint return under section 6013).
``(2) Verification.--A credit shall be allowed by
subsection (a) with respect to any political contribution only
if the contribution is verified in the manner prescribed by the
Secretary in regulations.
``(c) Definitions.--For purposes of this section--
``(1) Political contribution.--The term `political
contribution' means a contribution or gift of money to--
``(A) an individual who is a candidate for
nomination or election to any Federal, State, or local
elective public office in any primary, general, or
special election, for use by the individual to further
the candidacy of the individual for nomination or
election to the office,
``(B) any committee, association, or organization
(whether or not incorporated) organized and operated
exclusively for the purpose of influencing, or
attempting to influence, the nomination or election of
1 or more individuals who are candidates for nomination
or election to any Federal, State, or local elective
public office, for use by the committee, association,
or organization to further the candidacy of the
individual or individuals for nomination or election to
the office,
``(C) the national committee of a national
political party,
``(D) the State committee of a national political
party as designated by the national committee of the
party, or
``(E) a local committee of a national political
party as designated by the State committee of the party
designated under subparagraph (D).
``(2) Candidate.--The term `candidate' means, with respect
to any Federal, State, or local elective public office, an
individual who--
``(A) publicly announces before the close of the
calendar year following the calendar year in which the
contribution or gift is made that the individual is a
candidate for nomination or election to the office, and
``(B) meets the qualifications prescribed by law to
hold the office.
``(3) National political party.--The term `national
political party' means--
``(A) in the case of contributions made during a
taxable year of the taxpayer in which the electors of
President and Vice President are chosen, a political
party presenting candidates or electors for such
offices on the official election ballot of 10 or more
States, or
``(B) in the case of contributions made during any
other taxable year of the taxpayer, a political party
which met the qualifications described in subparagraph
(A) in the last preceding election of a President and
Vice President.
``(4) State and local.--The term `State' means the various
States and the District of Columbia. The term `local' means a
political subdivision or part thereof, or 2 or more political
subdivisions or parts thereof, of a State.
``(d) Cross References.--
``(1) For disallowance of credits to
estates and trusts, see section 642(j).
``(2) For treatment of Indian tribal
governments as States (and the subdivisions of Indian tribal
governments as political subdivisions of States), see section 7871.''
(b) Conforming Amendments.--
(1) Section 642 of such Code (relating to special rules for
credits and deductions) is amended by adding at the end the
following new subsection:
``(j) Political Contribution Credit.--An estate or trust shall not
be allowed the credit against tax for contributions to candidates for
public office provided by section 24.''
(2) Paragraph (6) of section 7871(a) of such Code (relating
to Indian tribal governments treated as States for certain
purposes) is amended by redesignating subparagraphs (A) through
(D) as subparagraphs (B) through (E), respectively, and by
inserting before such subparagraph (B) the following new
subparagraph:
``(A) section 24(c)(4) (defining State for purposes
of credit for contributions to candidates for public
office),''.
(3) 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 23 the following new item:
``Sec. 24. Contributions to candidates
for public office.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992. | Amends the Federal Election Campaign Act of 1971 to reduce from: (1) $1,000 to $500 the limitation on contributions by persons other than multicandidate political committees to any candidate for Federal office; and (2) $5,000 to $500 the limitation on contributions by such committees to any such candidate.
Amends the Internal Revenue Code to provide tax credits for contributors to candidates for public office equal to 50 percent of the annual total of a contributor's political contributions. Limits tax credits to an annual total of $125 and $250 respectively for individual and joint contributors. Disallows such tax credits to estates and trusts. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to reduce the limitation amounts for contributions to candidates for Federal office and to amend the Internal Revenue Code of 1986 to provide a tax credit for contributions to candidates for public office."} | 1,414 | 129 | 0.618405 | 1.606544 | 0.556838 | 2 | 10.286885 | 0.836066 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Preservation Act of
2003''.
SEC. 2. INVESTMENT OF THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST
FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND.
(a) In General.--Section 201(d) of the Social Security Act (42
U.S.C. 401(d)) is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``Such investments may be made only'' and
inserting the following: ``Except as provided in paragraph (2),
such investments may be made only'';
(3) by striking the last sentence; and
(4) by adding at the end the following new paragraph:
``(2)(A) The Managing Trustee shall determine the annual surplus
(as defined in subparagraph (B)) for each of the Trust Funds as of the
end of each fiscal year. The Managing Trustee shall ensure that such
annual surplus is invested, throughout the next following fiscal year,
in--
``(i) marketable interest-bearing obligations of the United
States or obligations guaranteed as to both principal and
interest by the United States, purchased on original issue or
at the market price, or
``(ii) certificates of deposit in insured depository
institutions (as defined in section 3(c)(2) of the Federal
Deposit Insurance Act).
``(B) For purposes of this paragraph, the `annual surplus' for
either of the Trust Funds as of the end of a fiscal year is the excess
(if any) of--
``(i) the sum of--
``(I) in the case of the Federal Old-Age and
Survivors Insurance Trust Fund, the amounts
appropriated to such Trust Fund under paragraphs (3)
and (4) of subsection (a) for the fiscal year,
``(II) in the case of the Federal Disability
Insurance Trust Fund, the amounts appropriated to such
Trust Fund under paragraphs (1) and (2) of subsection
(b) for the fiscal year, and
``(III) in either case, the amount appropriated to
such Trust Fund under section 121(e) of the Social
Security Amendments of 1983 for the fiscal year, and
any amounts otherwise credited to or deposited in such
Trust Fund under this title for the fiscal year, over
``(ii) the amounts paid or transferred from such Trust Fund
during the fiscal year.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to annual surpluses as of the end of fiscal years
beginning on or after October 1, 2004.
SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS FROM THE PUBLIC
DEBT LIMIT.
(a) Protection of Trust Funds.--Notwithstanding any other provision
of law--
(1) no officer or employee of the United States may--
(A) delay the deposit of any amount into (or delay
the credit of any amount to) the Federal Old-Age and
Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund or otherwise vary from
the normal terms, procedures, or timing for making such
deposits or credits, or
(B) refrain from the investment in public debt
obligations of amounts in either of such Trust Funds,
if a purpose of such action or inaction is to not increase the
amount of outstanding public debt obligations, and
(2) no officer or employee of the United States may
disinvest amounts in either of such Trust Funds which are
invested in public debt obligations if a purpose of the
disinvestment is to reduce the amount of outstanding public
debt obligations.
(b) Protection of Benefits and Expenditures for Administrative
Expenses.--
(1) In general.--Notwithstanding subsection (a), during any
period for which cash benefits or administrative expenses would
not otherwise be payable from the Federal Old-Age and Survivors
Insurance Trust Fund or the Federal Disability Insurance Trust
Fund by reason of an inability to issue further public debt
obligations because of the applicable public debt limit, public
debt obligations held by such Trust Fund shall be sold or
redeemed only for the purpose of making payment of such
benefits or administrative expenses and only to the extent cash
assets of such Trust Fund are not available from month to month
for making payment of such benefits or administrative expenses.
(2) Issuance of corresponding debt.--For purposes of
undertaking the sale or redemption of public debt obligations
held by the Federal Old-Age and Survivors Insurance Trust Fund
or the Federal Disability Insurance Trust Fund pursuant to
paragraph (1), the Secretary of the Treasury may issue
corresponding public debt obligations to the public, in order
to obtain the cash necessary for payment of benefits or
administrative expenses from such Trust Fund, notwithstanding
the public debt limit.
(3) Advance notice of sale or redemption.--Not less than 3
days prior to the date on which, by reason of the public debt
limit, the Secretary of the Treasury expects to undertake a
sale or redemption authorized under paragraph (1), the
Secretary of the Treasury shall report to each House of the
Congress and to the Comptroller General of the United States
regarding the expected sale or redemption. Upon receipt of such
report, the Comptroller General shall review the extent of
compliance with subsection (a) and paragraphs (1) and (2) of
this subsection and shall issue such findings and
recommendations to each House of the Congress as the
Comptroller General considers necessary and appropriate.
(c) Public Debt Obligation.--For purposes of this section, the term
``public debt obligation'' means any obligation subject to the public
debt limit established under section 3101 of title 31, United States
Code. | Social Security Preservation Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (social security trust funds) to ensure that the annual surplus of the Social Security Trust Funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Outlines provisions for determining the annual surplus of the Trust Funds.Prohibits disinvestment of Social Security Trust Fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such Trust Funds for public debt limit-related purposes. Authorizes, with certain conditions, the sale of Social Security Trust Fund public debt obligations for the payment of cash benefits and administrative expenses. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to ensure the integrity of the Social Security trust funds by requiring the Managing Trustee to invest the annual surplus of such trust funds in marketable interest-bearing obligations of the United States and certificates of deposit in depository institutions insured by the Federal Deposit Insurance Corporation, and to protect such trust funds from the public debt limit."} | 1,252 | 216 | 0.64042 | 1.712857 | 0.811547 | 3.376344 | 6.344086 | 0.924731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women, Peace, and Security Act of
2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Around the world, women remain underrepresented in
conflict prevention, conflict resolution, and post-conflict
peace building efforts.
(2) Women in conflict-affected regions have achieved
significant success in--
(A) moderating violent extremism;
(B) countering terrorism;
(C) resolving disputes through nonviolent mediation
and negotiation; and
(D) stabilizing societies by enhancing the
effectiveness of security services, peacekeeping
efforts, institutions, and decision-making processes.
(3) Research suggests that peace negotiations are more
likely to succeed and to result in durable peace agreements
when women participate in the peace process.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the meaningful participation of women in conflict
prevention and conflict resolution processes helps to promote
more inclusive and democratic societies and is critical to the
long-term stability of countries and regions;
(2) the political participation, and leadership of women in
fragile environments, particularly during democratic
transitions, is critical to sustaining lasting democratic
institutions; and
(3) the United States should be a global leader in
promoting the meaningful participation of women in conflict
prevention, management, and resolution, and post-conflict
relief and recovery efforts.
SEC. 4. STATEMENT OF POLICY.
It shall be the policy of the United States to promote the
meaningful participation of women in all aspects of overseas conflict
prevention, management, and resolution, and post-conflict relief and
recovery efforts, reinforced through diplomatic efforts and programs
that--
(1) integrate the perspectives and interests of affected
women into conflict-prevention activities and strategies;
(2) encourage partner governments to adopt plans to improve
the meaningful participation of women in peace and security
processes and decision-making institutions;
(3) promote the physical safety, economic security, and
dignity of women and girls;
(4) support the equal access of women to aid distribution
mechanisms and services;
(5) collect and analyze gender data for the purpose of
developing and enhancing early warning systems of conflict and
violence;
(6) adjust policies and programs to improve outcomes in
gender equality and the empowerment of women; and
(7) monitor, analyze, and evaluate the efforts related to
each strategy submitted under section 5 and the impact of such
efforts.
SEC. 5. UNITED STATES STRATEGY TO PROMOTE THE PARTICIPATION OF WOMEN IN
CONFLICT PREVENTION AND PEACE BUILDING.
(a) Requirement.--Not later than 1 year after the date of the
enactment of this Act, and again 4 years thereafter, the President, in
consultation with the heads of the relevant Federal departments and
agencies, shall submit to the appropriate congressional committees and
make publicly available a single government-wide strategy, to be known
as the Women, Peace, and Security Strategy, that provides a detailed
description of how the United States intends to fulfill the policy
objectives in section 4. The strategy shall--
(1) support and be aligned with plans developed by other
countries to improve the meaningful participation of women in
peace and security processes, conflict prevention, peace
building, transitional processes, and decision-making
institutions; and
(2) include specific and measurable goals, benchmarks,
performance metrics, timetables, and monitoring and evaluation
plans to ensure the accountability and effectiveness of all
policies and initiatives carried out under the strategy.
(b) Specific Plans for Departments and Agencies.--Each strategy
under subsection (a) shall include a specific implementation plan from
each of the relevant Federal departments and agencies that describes--
(1) the anticipated contributions of the department or
agency, including technical, financial, and in-kind
contributions, to implement the strategy; and
(2) the efforts of the department or agency to ensure that
the policies and initiatives carried out pursuant to the
strategy are designed to achieve maximum impact and long-term
sustainability.
(c) Coordination.--The President should promote the meaningful
participation of women in conflict prevention, in coordination and
consultation with international partners, including, as appropriate,
multilateral organizations, stakeholders, and other relevant
international organizations, particularly in situations in which the
direct engagement of the United States Government is not appropriate or
advisable.
(d) Sense of Congress.--It is the sense of Congress that the
President, in implementing each strategy submitted under subsection
(a), should--
(1) provide technical assistance, training, and logistical
support to female negotiators, mediators, peace builders, and
stakeholders;
(2) address security-related barriers to the meaningful
participation of women;
(3) encourage increased participation of women in existing
programs funded by the United States Government that provide
training to foreign nationals regarding law enforcement, the
rule of law, or professional military education;
(4) support appropriate local organizations, especially
women's peace building organizations;
(5) support the training, education, and mobilization of
men and boys as partners in support of the meaningful
participation of women;
(6) encourage the development of transitional justice and
accountability mechanisms that are inclusive of the experiences
and perspectives of women and girls;
(7) expand and apply gender analysis, as appropriate, to
improve program design and targeting; and
(8) conduct assessments that include the perspectives of
women regarding new initiatives in support of peace
negotiations, transitional justice and accountability, efforts
to counter violent extremism, or security sector reform.
SEC. 6. TRAINING REQUIREMENTS REGARDING THE PARTICIPATION OF WOMEN IN
CONFLICT PREVENTION AND PEACE BUILDING.
(a) Foreign Service.--The Secretary of State, in conjunction with
the Administrator of the United States Agency for International
Development, shall ensure that all appropriate personnel (including
special envoys, members of mediation or negotiation teams, relevant
members of the civil service or Foreign Service, and contractors)
responsible for or deploying to countries or regions considered to be
at risk of, undergoing, or emerging from violent conflict obtain
training, as appropriate, in the following areas, each of which shall
include a focus on women and ensuring meaningful participation by
women:
(1) Conflict prevention, mitigation, and resolution.
(2) Protecting civilians from violence, exploitation, and
trafficking in persons.
(3) International human rights law and international
humanitarian law.
(b) Department of Defense.--The Secretary of Defense shall ensure
that relevant personnel receive training, as appropriate, in the
following areas:
(1) Training in conflict prevention, peace processes,
mitigation, resolution, and security initiatives that
specifically addresses the importance of meaningful
participation by women.
(2) Gender considerations and meaningful participation by
women, including training regarding--
(A) international human rights law and
international humanitarian law, as relevant; and
(B) protecting civilians from violence,
exploitation, and trafficking in persons.
(3) Effective strategies and best practices for ensuring
meaningful participation by women.
SEC. 7. CONSULTATION AND COLLABORATION.
(a) In General.--The Secretary of State and the Administrator of
the United States Agency for International Development may establish
guidelines or take other steps to ensure overseas United States
personnel of the Department of State or the United States Agency for
International Development, as the case may be, consult with appropriate
stakeholders, including local women, youth, ethnic and religious
minorities, and other politically underrepresented or marginalized
populations, regarding United States efforts to--
(1) prevent, mitigate, or resolve violent conflict; and
(2) enhance the success of mediation and negotiation
processes by ensuring the meaningful participation of women.
(b) Collaboration and Coordination.--The Secretary of State should
work with international, regional, national, and local organizations to
increase the meaningful participation of women in international
peacekeeping operations, and should promote training that provides
international peacekeeping personnel with the substantive knowledge and
skills needed to ensure effective physical security and meaningful
participation of women in conflict prevention and peace building.
SEC. 8. REPORTS TO CONGRESS.
(a) Briefing.--Not later than 1 year after the date of the first
submission of a strategy required under section 5, the Secretary of
State, in conjunction with the Administrator of the United States
Agency for International Development and the Secretary of Defense,
shall brief the appropriate congressional committees on existing,
enhanced, or newly established training carried out pursuant to section
6.
(b) Report on Women, Peace, and Security Strategy.--Not later than
2 years after the date of the submission of each strategy required
under section 5, the President shall submit to the appropriate
congressional committees a report that--
(1) summarizes and evaluates the implementation of such
strategy and the impact of United States diplomatic efforts and
foreign assistance programs, projects, and activities to
promote the meaningful participation of women;
(2) describes the nature and extent of the coordination
among the relevant Federal departments and agencies on the
implementation of such strategy;
(3) outlines the monitoring and evaluation tools,
mechanisms, and common indicators to assess progress made on
the policy objectives set forth in section 4; and
(4) describes the existing, enhanced, or newly established
training carried out pursuant to section 6.
SEC. 9. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign
Relations of the Senate; and
(B) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign Affairs
of the House of Representatives.
(2) Relevant federal departments and agencies.--The term
``relevant Federal departments and agencies'' means--
(A) the United States Agency for International
Development;
(B) the Department of State;
(C) the Department of Defense;
(D) the Department of Homeland Security; and
(E) any other department or agency specified by the
President for purposes of this Act.
(3) Stakeholders.--The term ``stakeholders'' means
nongovernmental and private sector entities engaged in or
affected by conflict prevention and stabilization, peace
building, protection, security, transition initiatives,
humanitarian response, or related efforts.
Passed the House of Representatives June 20, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Women, Peace, and Security Act of 2017 (Sec. 3) This bill expresses the sense of Congress that: (1) the United States should be a global leader in promoting the participation of women in conflict prevention, management, and resolution and post-conflict relief and recovery efforts; and (2) the political participation and leadership of women in fragile environments, particularly during democratic transitions, is critical to sustaining democratic institutions. (Sec. 4) The bill declares that it shall be U.S. policy to promote the meaningful participation of women in all aspects of overseas conflict prevention, management, and resolution, and post-conflict relief and recovery efforts. (Sec. 5) The President, by one year after this bill's enactment and four years thereafter, shall submit to Congress and make public a Women, Peace, and Security Strategy, which shall: be aligned with other countries' plans to improve the participation of women in peace and security processes, conflict prevention, peace building, and decision-making institutions; include goals and evaluation plans to ensure strategy effectiveness; and include a specific implementation plan from each relevant federal agency. The President is urged to promote women's participation in conflict prevention, in coordination with international partners. (Sec. 6) The Department of State and the Department of Defense (DOD) shall ensure that specified personnel receive training in conflict prevention, mitigation, and resolution and on other related topics. (Sec. 7) The State Department and the U.S. Agency for International Development (USAID) may establish guidelines for overseas U.S. personnel to consult with appropriate stakeholders regarding U.S. efforts to: (1) prevent, mitigate, or resolve violent conflict; and (2) enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women. The State Department is urged to work with international, regional, national, and local organizations to increase the participation of women in international peacekeeping operations. (Sec. 8) The State Department, in conjunction with USAID and DOD and within a year of the first submission of the strategy, shall brief Congress on existing, enhanced, or newly established training carried out pursuant to this bill. The President, within two years of the submission of each strategy, shall report to Congress regarding its implementation. | {"src": "billsum_train", "title": "Women, Peace, and Security Act of 2017"} | 2,164 | 488 | 0.795401 | 2.696074 | 0.783156 | 4.641256 | 4.85426 | 0.928251 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Labor-Management Partnership
Act of 2018''.
SEC. 2. ESTABLISHMENT OF FEDERAL LABOR-MANAGEMENT PARTNERSHIP COUNCIL.
(a) In General.--Subchapter I of chapter 71 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 7107. Federal Labor-Management Partnership Council
``(a) Establishment.--There is established a council to be known as
the `Federal Labor-Management Partnership Council' (referred to in this
section as the `Council').
``(b) Membership.--The Council shall be composed of--
``(1) the Director of the Office of Personnel Management;
``(2) the Deputy Director for Management of the Office of
Management and Budget;
``(3) a deputy secretary (or other officer with agency-wide
authority) from each of 2 agencies not otherwise represented on
the Council, who shall be appointed by the President;
``(4) the Chairman of the Federal Labor Relations
Authority;
``(5) the Director of the Federal Mediation and
Conciliation Service;
``(6) 2 members who shall be appointed by the President to
represent the respective labor organizations representing (as
exclusive representatives) the first and second largest numbers
of employees subject to this chapter or any other authority
permitting employees to select an exclusive representative;
``(7) 4 members who shall be appointed by the President to
represent labor organizations representing (as exclusive
representatives) substantial numbers of employees subject to
this chapter or any other authority permitting employees to
select an exclusive representative--
``(A) each of whom shall be selected giving due
consideration to such factors as the relative numbers
of employees represented by the various organizations;
and
``(B) not more than two of whom may, at any time,
be representatives of the same labor organization or
council, federation, alliance, association, or
affiliation of labor organizations;
``(8) 1 member who shall be appointed by the President to
represent the organization representing the largest number of
senior executives (as that term is defined in section
3132(a)(3)); and
``(9) 1 member who shall be appointed by the President to
represent the organization representing the largest number of
management officials.
``(c) Responsibilities and Functions.--The Council shall--
``(1) advise the President on matters involving labor-
management relations in the executive branch;
``(2) support the creation of local labor-management
partnership councils that promote partnership efforts in the
executive branch;
``(3) collect and disseminate information about and provide
guidance on partnership efforts in the executive branch,
including the results of those efforts; and
``(4) use the expertise of individuals, both inside and
outside the Federal Government, to foster partnership
arrangements in the executive branch.
``(d) Administration.--
``(1) Co-chairs.--The Director of the Office of Personnel
Management and the Deputy Director for Management of the Office
of Management and Budget shall serve as co-chairs of the
Council.
``(2) Meetings.--The Council shall meet quarterly and at
the call of the co-chairs or a majority of the members of the
Council.
``(3) Outside input.--The Council--
``(A) shall seek input from agencies not
represented on the Council, particularly smaller
agencies;
``(B) may from time to time, in the discretion of
the Council, invite experts from the private and public
sectors to submit information; and
``(C) shall seek input from companies, nonprofit
organizations, State and local governments, employees,
and customers of Federal services, as needed.
``(4) Assistance of the office of personnel management.--To
the extent permitted by law and subject to the availability of
appropriations, the Director of the Office of Personnel
Management shall, upon request, provide such staff, facilities,
support, and administrative services to the Council as the
Director considers appropriate.
``(5) No compensation.--Members of the Council shall serve
without compensation for their work on the Council.
``(6) Cooperation of other agencies.--Each agency shall, to
the extent permitted by law, provide to the Council such
assistance, information, and advice as the Council may request.
``(e) General Provisions.--
``(1) Reporting to congress.--Any reporting to or
appearances before Congress that may be requested or required
of the Council shall be made by a co-chair of the Council.
``(2) Terms of membership.--A member appointed under
paragraph (3), (6), (7), (8), or (9) of subsection (b) shall be
appointed for a term of 3 years, except that any individual
chosen to fill a vacancy under any of those paragraphs shall
be--
``(A) appointed for the unexpired term of the
member replaced; and
``(B) chosen subject to the same conditions as
applied with respect to the original appointment.
``(3) Service after expiration of term.--A member appointed
under paragraph (3), (6), (7), (8), or (9) of subsection (b)
may serve after the expiration of that member's term until a
successor has taken office, but for not more than 60 days after
the term expires.
``(4) Not special government employees.--A member who is
not otherwise an employee shall not be considered a special
Government employee for any purpose.
``(5) No termination.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Council.
``Sec. 7108. Implementation of labor-management partnerships throughout
the executive branch
``The head of each agency that is subject to this chapter or any
other authority permitting employees of the agency to select an
exclusive representative shall take the following actions:
``(1) Create labor-management partnerships by forming
labor-management committees or councils at appropriate levels,
or adapting existing committees or councils if such groups
exist.
``(2) Involve employees and employee representatives as
full partners with management representatives to improve the
civil service to better serve the public and carry out the
mission of the agency.
``(3) Provide systemic training of appropriate agency
employees (including line managers, first-line supervisors, and
labor organization representatives) in consensual methods of
dispute resolution, such as alternative dispute resolution
techniques and interest-based bargaining approaches.
``(4)(A) Allow employees and employee representatives to
have pre-decisional involvement in all workplace matters to the
fullest extent practicable, without regard to whether those
matters are negotiable subjects of bargaining under section
7106.
``(B) Provide adequate information on the matters described
in subparagraph (A) expeditiously to employee representatives
where not prohibited by law.
``(C) Make a good-faith attempt to resolve issues
concerning proposed changes in conditions of employment,
including those involving the subjects set forth in section
7106(b)(1), through discussions in the labor-management
committees or councils established or adapted by the agency
under paragraph (1) of this section.
``(5) Evaluate progress and improvements in organizational
performance resulting from the labor-management partnerships
described in paragraph (1).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 71 of title 5, United States Code, is amended by inserting
after the item relating to section 7106 the following:
``7107. Federal Labor-Management Partnership Council.
``7108. Implementation of labor-management partnerships throughout the
executive branch.''. | Federal Labor-Management Partnership Act of 2018 This bill establishes the Federal Labor-Management Partnership Council to: (1) advise the President on matters involving labor-management relations in the executive branch; (2) collect and disseminate information about and provide guidance on partnership efforts in the executive branch, including the results of those efforts; and (3) use the expertise of individuals, both inside and outside the federal government, to foster partnership arrangements in the executive branch. The head of each agency that is subject to authority permitting employees of the agency to select an exclusive representative shall take the following actions: (1) create labor-management partnerships by forming labor-management committees or councils at appropriate levels, or adapting existing committees or councils if such groups exist; (2) involve employees and employee representatives as full partners with management representatives to improve the civil service to better serve the public and carry out the mission of the agency; (3) provide systemic training of appropriate agency employees (including line managers, first-line supervisors, and labor organization representatives) in consensual methods of dispute resolution; (4) allow employees and employee representatives to have pre-decisional involvement in all workplace matters to the fullest extent practicable, without regard to whether those matters are negotiable subjects of bargaining; and (5) evaluate progress and improvements in organizational performance resulting from labor-management partnerships. | {"src": "billsum_train", "title": "Federal Labor-Management Partnership Act of 2018"} | 1,660 | 283 | 0.614638 | 1.870104 | 0.850314 | 7.690299 | 6.085821 | 0.988806 |
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