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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Housing Identity Exception for
the Lives of Domestic Violence Victims Act'' or the ``SHIELD Act''.
SEC. 2. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
Section 423(a) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11383(a)) is amended by adding at the end the following:
``(8) Confidentiality.--
``(A) Housing assistance grants and programs.--In
the course of awarding grants or implementing programs
under this subsection, the Secretary shall instruct any
recipient or subgrantee not to disclose to any person,
agency, or entity any personally identifying
information about any client if the Secretary,
recipient, or subgrantee believes, based upon
reasonable evidence, that the client is--
``(i) a victim of domestic violence, dating
violence, sexual assault, or stalking;
``(ii) the parent or guardian of a minor
victim of domestic violence, dating violence,
sexual assault, or stalking; or
``(iii) the dependent or minor child of a
victim of domestic violence, dating violence,
sexual assault, or stalking.
``(B) Other federal and state programs.--The
Secretary shall not require or ask a recipient or
subgrantee of any other Federal or State program to
disclose personally identifying information about any
clients if the persons, agencies, or entities
implementing those programs believe, based upon
reasonable evidence, that those clients are--
``(i) victims of domestic violence, dating
violence, sexual assault, or stalking;
``(ii) the parents or guardians of minor
victims of domestic violence, dating violence,
sexual assault, or stalking; or
``(iii) the dependents or minor children of
victims of domestic violence, dating violence,
sexual assault, or stalking.
``(C) Homeless management information systems.--The
Secretary shall instruct any recipient or subgrantee
under this subsection or any recipient or subgrantee of
any other Federal or State program participating in any
homeless management information system funded in whole
or in part under this subsection that personally
identifying information about any client may only be
submitted to a homeless management information system
if the program seeking to disclose such information has
obtained informed, reasonably time-limited, written
consent from the client to whom the information
relates. The Secretary may require or ask any recipient
or subgrantee to share nonpersonally identifying data
in the aggregate regarding services to clients and
nonpersonally identifying demographic information in
order to comply with the data collection requirements
of homeless management information systems.
``(D) Definition.--As used in this paragraph, the
term personally identifying information means
information from or about an individual that could be
used to identify such individual, including--
``(i) first and last name;
``(ii) a home or other physical address,
including street name, name of city or town,
and ZIP code;
``(iii) an email address or other online
contact information, such as an instant
messaging user identifier or a screen name that
reveals an individual's email address;
``(iv) a telephone number;
``(v) a social security number;
``(vi) an Internet Protocol address or host
name that identifies an individual;
``(vii) a persistent identifier, such as a
customer number held in a `cookie' or processor
serial number, that is combined with other
available data that identifies an individual;
and
``(viii) any other information, including
grade point average, date of birth, academic or
occupational interests, athletic or
extracurricular interests, racial or ethnic
background, or religious affiliation, that, in
combination with any of the above, would serve
to identify any individual.''. | Safe Housing Identity Exception for the Lives of Domestic Violence Victims Act - SHIELD Act - Amends the McKinney-Vento Homeless Assistance Act to prohibit disclosure of the personally identifying information of victims of domestic violence, dating violence, sexual assault, and stalking. | {"src": "billsum_train", "title": "To amend the McKinney-Vento Homeless Assistance Act to protect the personally identifying information of victims of domestic violence, dating violence, sexual assault, and stalking."} | 883 | 66 | 0.569278 | 1.544358 | 0.968344 | 4.723404 | 16.957447 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alpine Lakes Wilderness Additions
and Pratt and Middle Fork Snoqualmie Rivers Protection Act''.
SEC. 2. EXPANSION OF ALPINE LAKES WILDERNESS.
(a) In General.--There is designated as wilderness and as a
component of the National Wilderness Preservation System certain
Federal land in the Mount Baker-Snoqualmie National Forest in the State
of Washington comprising approximately 21,493 acres that is within the
Proposed Alpine Lakes Wilderness Additions Boundary, as generally
depicted on the map entitled ``HR 361, Alpine Lakes Wilderness
Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act,
2013'' and dated October 25, 2013, which is incorporated in and shall
be considered to be a part of the Alpine Lakes Wilderness.
(b) Administration.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness by subsection (a) shall be
administered by the Secretary of Agriculture (referred to in
this section as the ``Secretary''), in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date of enactment of
this Act, and in accordance with section 4 of this Act.
(2) Military overflights.--Nothing in this section
restricts or precludes--
(A) low-level overflights of military aircraft over
the area designated as wilderness under this section,
including military overflights that can be seen or
heard within any wilderness area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes over the wilderness area.
(3) Prevention of wildfires.--The designation of wilderness
under this section shall not be construed to interfere with the
authority of the Secretary of Agriculture to authorize
mechanical thinning of trees or underbrush to prevent or
control the spread of wildfires, or conditions creating the
risk of wildfire that threaten areas outside the boundary of
the wilderness, or the use of mechanized equipment for wildfire
pre-suppression and suppression.
(4) Map and description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
a map and a legal description of the land designated as
wilderness by subsection (a) with--
(i) the Committee on Natural Resources of
the House of Representatives; and
(ii) the Committee on Energy and Natural
Resources of the Senate.
(B) Force of law.--A map and legal description
filed under subparagraph (A) shall have the same force
and effect as if included in this Act, except that the
Secretary may correct minor errors in the map and legal
description.
(C) Public availability.--The map and legal
description filed under subparagraph (A) shall be filed
and made available for public inspection in the
appropriate office of the Forest Service.
SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
``(__) Middle fork snoqualmie, washington.--Subject to
subparagraph (C), the 27.4-mile segment from the headwaters of
the Middle Fork Snoqualmie River near La Bohn Gap in NE 1/4
sec. 20, T. 24 N., R. 13 E., to the northern boundary of sec.
11, T. 23 N., R. 9 E., to be administered by the Secretary of
Agriculture in the following classifications:
``(A) The approximately 6.4-mile segment from the
headwaters of the Middle Fork Snoqualmie River near La
Bohn Gap in NE 1/4 sec. 20, T. 24 N., R. 13 E., to the
west section line of sec. 3, T. 23 N., R. 12 E., as a
wild river.
``(B) The approximately 21-mile segment from the
west section line of sec. 3, T. 23 N., R. 12 E., to the
northern boundary of sec. 11, T. 23 N., R. 9 E., as a
scenic river.
``(C) The Secretary of Agriculture may not acquire
by condemnation any land or interest in land within the
boundaries of the Wild and Scenic River segments
designated by this paragraph. Private or non-Federal
public property shall not be included within the
boundaries of the Wild and Scenic River segments
designated by this paragraph unless the owner of such
property has consented in writing to having that
property included in such boundaries.
``(__) Pratt river, washington.--The entirety of the Pratt
River in the State of Washington, located in the Mount Baker-
Snoqualmie National Forest, to be administered by the Secretary
of Agriculture as a wild river. The Secretary of Agriculture
may not acquire by condemnation any land or interest in land
within the boundaries of the Wild and Scenic River segments
designated by this paragraph. Private or non-Federal public
property shall not be included within the boundaries of the
Wild and Scenic River segments designated by this paragraph
unless the owner of such property has consented in writing to
having that property included in such boundaries.''.
SEC. 4. ADJACENT LAND MANAGEMENT.
Nothing in this Act--
(1) establishes or authorizes the establishment of a
protective perimeter or buffer zone around the boundaries of
the Wild and Scenic River segments or wilderness designated by
this Act; or
(2) precludes, limits, or restricts an activity from being
conducted outside such boundaries, including an activity that
can be seen or heard from within such boundaries. | Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act - (Sec. 2) Designates certain land in the Mount Baker-Snoqualmie National Forest in the state of Washington, which shall be considered to become a part of the Alpine Lakes Wilderness, as wilderness and as a component of the National Wilderness Preservation System. Declares that this Act shall have no effect on overflights of military aircraft or the authority to carry out wildfire prevention activities. (Sec. 3) Amends the Wild and Scenic Rivers Act to designate segments of the Middle Fork Snoqualmie River as wild and scenic rivers and the entirety of the Pratt River as a wild river. Prohibits acquisition by condemnation of any land or interest in land within the boundaries of such river segments and excludes private or non-federal public property unless the owner of the property has consented in writing to having it included. (Sec. 4) Prohibits anything in this Act from: (1) establishing a protective perimeter or buffer zone around the boundaries of the wild and scenic river segments or wilderness designated by this Act, or (2) restricting an activity from being conducted outside such boundaries. | {"src": "billsum_train", "title": "Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act"} | 1,337 | 278 | 0.677077 | 1.951145 | 0.850694 | 4.645455 | 5.268182 | 0.918182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Capitol Visitor Center
Commemorative Coin Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress moved to Washington, District of Columbia, and
first convened in the Capitol building in the year 1800;
(2) the Capitol building is now the greatest visible symbol
of representative democracy in the world;
(3) the Capitol building has approximately 5,000,000
visitors annually and suffers from a lack of facilities
necessary to properly serve them;
(4) the Capitol building and persons within the Capitol
have been provided with excellent security through the
dedication and sacrifice of the United States Capitol Police;
(5) Congress has appropriated $100,000,000, to be
supplemented with private funds, to construct a Capitol Visitor
Center to provide continued high security for the Capitol and
enhance the educational experience of visitors to the Capitol;
(6) Congress would like to offer the opportunity for all
persons to voluntarily participate in raising funds for the
Capitol Visitor Center; and
(7) it is appropriate to authorize coins commemorating the
first convening of the Congress in the Capitol building with
proceeds from the sale of the coins, less expenses, being
deposited for the United States Capitol Preservation Commission
with the specific purpose of aiding in the construction,
maintenance, and preservation of a Capitol Visitor Center.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) Bimetallic coins.--Not more than 200,000 $10 bimetallic
coins of gold and platinum, in accordance with such
specifications as the Secretary determines to be appropriate.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar.--Not more than 750,000 half dollar clad
coins, each of which--
(A) shall weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) $5 Gold Coins.--If the Secretary determines that the minting
and issuance of bimetallic coins under subsection (a)(1) is not
feasible, the Secretary may mint and issue instead not more than
100,000 $5 coins, which shall--
(1) weigh 8.359 grams;
(2) have a diameter of 0.850 inches; and
(3) contain 90 percent gold and 10 percent alloy.
(c) Waiver.--Each of the mintage levels specified in subsection (a)
may be waived in accordance with section 5112(m)(2)(B) of title 31,
United States Code.
(d) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
SEC. 4. SOURCES OF BULLION.
(a) Platinum and Gold.--The Secretary shall obtain platinum and
gold for minting coins under this Act from available sources.
(b) Silver.--The Secretary may obtain silver for minting coins
under this Act from stockpiles established under the Strategic and
Critical Materials Stock Piling Act, and from other available sources.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the first meeting of the United
States Congress in the United States Capitol Building.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2000''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
United States Capitol Preservation Commission (in this Act
referred to as the ``Commission'') and the Commission of Fine
Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) First Use of Year 2000 Date.--The coins minted under this Act
shall be the first commemorative coins of the United States to be
issued bearing the inscription of the year ``2000''.
(d) Promotion Consultation.--The Secretary shall--
(1) consult with the Commission in order to establish a
role for the Commission or an entity designated by the
Commission in the promotion, advertising, and marketing of the
coins minted under this Act; and
(2) if the Secretary determines that such action would be
beneficial to the sale of coins minted under this Act, enter
into a contract with the Commission or an entity referred to in
paragraph (1) to carry out the role established under paragraph
(1).
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins minted under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales under this Act shall include a surcharge
established by the Secretary, in an amount equal to not more than--
(1) $50 per coin for the $10 coin or $35 per coin for the
$5 coin;
(2) $10 per coin for the $1 coin; and
(3) $3 per coin for the half dollar coin.
SEC. 8. DISTRIBUTION OF SURCHARGES.
All surcharges received by the Secretary from the sale of coins
minted under this Act shall be deposited in the Capitol Preservation
Fund in accordance with section 5134(f) of title 31, United States
Code, and shall be made available to the Commission for the purpose of
aiding in the construction, maintenance, and preservation of a Capitol
Visitor Center.
Passed the Senate July 30, 1999.
Attest:
GARY SISCO,
Secretary. | United States Capitol Visitor Center Commemorative Coin Act of 1999 - Directs the Secretary of the Treasury to issue ten-dollar bimetallic coins, one-dollar silver coins, half-dollar clad coins, and if the Secretary determines that the minting and issuance of bimetallic coins is not feasible, five-dollar gold coins emblematic of the first meeting of the United States Congress in the U.S. Capitol Building.
Mandates that all surcharges received from the coin sales be deposited in the Capitol Preservation Fund and made available to the U.S. Capitol Preservation Commission to aid in the construction, maintenance, and preservation of a Capitol Visitor Center. | {"src": "billsum_train", "title": "United States Capitol Visitor Center Commemorative Coin Act of 1999"} | 1,601 | 146 | 0.61702 | 1.676354 | 0.710737 | 3.863248 | 12.623932 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Affordability Tax Relief
Act of 2014'' or the ``HEATR Act of 2014''.
SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application) is amended by
adding at the end the following new section:
``SEC. 6433. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year an amount equal to the lesser of--
``(1) 33 percent of the amount of the taxpayer's
residential energy costs for such taxable year, or
``(2) $500.
``(b) Income Limitation.--
``(1) In general.--The amount allowable as a credit under
subsection (a) for any taxable year shall be reduced (but not
below zero) by an amount which bears the same ratio to the
amount so allowable (determined without regard to this
paragraph) as--
``(A) the amount (if any) by which the taxpayer's
adjusted gross income exceeds $50,000 (twice such
amount in the case of a joint return), bears to
``(B) $10,000.
``(2) Determination of adjusted gross income.--For purposes
of paragraph (1), adjusted gross income shall be determined
without regard to sections 911, 931, and 933.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Residential energy costs.--The term `residential
energy costs' means the amount paid or incurred by the taxpayer
during the taxable year--
``(A) to any utility for electricity or natural gas
used in the principal residence of the taxpayer during
the heating season, and
``(B) for any qualified fuel for use in the
principal residence of the taxpayer but only if such
fuel is the primary fuel for heating such residence.
``(2) Principal residence.--
``(A) In general.--The term `principal residence'
has the meaning given to such term by section 121;
except that no ownership requirement shall be imposed.
``(B) Special rules.--Such term shall not include--
``(i) any residence located outside the
United States, and
``(ii) any residence not used as the
taxpayer's principal place of abode throughout
the heating season.
``(3) Heating season.--The term `heating season' means
October, November, December, January, February, and March.
``(4) Qualified fuel.--The term `qualified fuel' includes
propane, heating oil, kerosene, wood, and wood pellets.
``(d) Other Special Rules.--
``(1) Individuals paying on level payment basis.--Amounts
paid for natural gas under a level payment plan for any period
shall be treated as paid for natural gas used during the
portion (if any) of the heating season during such period to
the extent of the amount charged for natural gas used during
such portion of the heating season. A similar rule shall apply
to electricity and any qualified fuel.
``(2) Homeowners associations, etc.--The application of
this section to homeowners associations (as defined in section
528(c)(1)) or members of such associations, and tenant-
stockholders in cooperative housing corporations (as defined in
section 216), shall be allowed by allocation, apportionment, or
otherwise, to the individuals paying, directly or indirectly,
for the residential energy cost so incurred.
``(3) Dollar amount in case of joint occupancy.--In the
case of a dwelling unit which is the principal residence by 2
or more individuals, the dollar limitation under subsection
(a)(2) shall be allocated among such individuals under
regulations prescribed by the Secretary.
``(4) Treatment as refundable credit.--For purposes of this
title, the credit allowed by this section shall be treated as a
credit allowed under subpart C of part IV of subchapter A of
chapter 1 (relating to refundable credits).
``(e) Application of Section.--This section shall apply to
residential energy costs paid or incurred after the date of the
enactment of this section and before April 1, 2016.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``or 6428 or'' and
inserting ``, 6428, 6433, or''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6433. Refundable credit for residential energy costs.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Home Energy Affordability Tax Relief Act of 2014 or the HEATR Act of 2014 - Amends the Internal Revenue Code to allow an individual taxpayer an income-based refundable tax credit for energy costs for the taxpayer's principal residence. Limits such credit to the lesser of 33% of such costs or $500. Allow such credit for residential energy costs paid or incurred after the enactment of this Act and before April 1, 2016. | {"src": "billsum_train", "title": "HEATR Act of 2014"} | 1,142 | 100 | 0.526279 | 1.374248 | 0.83352 | 2.666667 | 12.740741 | 0.888889 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rural Economic
Vitalization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Rural vitalization program.
Sec. 5. Effect of waiver of grazing permit or lease.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The use of Federal lands by grazing permittees and
lessees for commercial livestock grazing is increasingly
difficult due to growing conflicts with other legitimate
multiple uses of the lands, such as environmental protection
and burgeoning recreational use, and with congressionally
mandated goals of wildlife and habitat protection and improved
water quality and quantity.
(2) A combination of sustained drought, foreign
competition, changing domestic markets, industry restructuring,
and individual ranch finances has resulted in Federal grazing
permits and leases becoming stranded investments for many
permittees and lessees.
(3) Attempts to resolve grazing conflicts with other
multiple uses often require extensive range developments,
intensive herd management, and continuous monitoring that
greatly increases costs to both permittees and lessees and
taxpayers, far out of proportion to the benefit received.
(4) Certain grazing allotments on Federal lands have, or
are likely to become, unsuitable for commercial livestock
production as a result of the combined effect of the factors
referred to in paragraphs (1) through (3) and other factors.
(5) The cost of the Federal grazing program greatly exceeds
revenues to the Federal treasury from grazing receipts.
(6) Many permittees and lessees have indicated their
willingness to end their commercial livestock grazing on
Federal lands in exchange for compensation to reasonably
compensate them for the effort and investment that they have
made in a grazing allotment.
(7) Compensating permittees and lessees who relinquish
their grazing permit or lease would help recapitalize an ailing
sector of rural America by providing economic options to
permittees and lessees that do not presently exist by allowing
them to restructure their ranch operations, start new
businesses, or retire with security.
(8) Paying reasonable compensation for the relinquishment
of a grazing permit or lease will help alleviate the need for
permittees and lessees to sell or subdivide their private
lands.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commercial livestock grazing.--The term ``commercial
livestock grazing'' means the grazing of domestic livestock on
Federal lands as authorized by a grazing permit or lease. The
term does not include beasts of burden used for recreational
purposes.
(2) Grazing allotment.--The term ``grazing allotment''
means the designated portion of Federal land upon which
domestic livestock are permitted to graze by a grazing permit
or lease.
(3) Grazing permit; lease.--The terms ``grazing permit or
lease'' and ``grazing permit and lease'' mean any document
authorizing the use of Federal lands for the purpose of
commercial livestock grazing.
(4) Permittee; lessee.--The terms ``permittee or lessee''
and ``permittee and lessee'' mean a livestock operator that
holds a valid existing grazing permit or lease.
(5) Range developments.--The term ``range developments''
means structures, fences, and other permanent fixtures placed
on Federal lands for the furtherance of the purpose of grazing
domestic livestock. The term does not include rolling stock,
livestock and diversions of water from Federal lands onto non-
Federal lands.
(6) Secretaries.--The term ``Secretaries'' refers to the
Secretary of Agriculture and the Secretary of the Interior.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture or the Secretary of the Interior, as appropriate
to the administration of a grazing permit or lease.
SEC. 4. RURAL VITALIZATION PROGRAM.
(a) Waiver of Grazing Permit or Lease.--
(1) Acceptance by secretary.--Subject to the limitation set
forth in subsection (c), the Secretary shall accept any grazing
permit or lease that is waived by a grazing permittee or
lessee.
(2) Termination.--The Secretary shall terminate any grazing
permit or lease acquired under paragraph (1).
(3) No new grazing permit or lease.--With respect to each
grazing lease or grazing permit waived under paragraph (1), the
Secretary shall--
(A) not issue any new grazing permit or lease
within the grazing allotment covered by the grazing
permit or lease; and
(B) ensure a permanent end to livestock grazing on
the grazing allotment covered by the grazing permit or
lease.
(b) Waiver of Grazing Permit or Lease on Common Allotments.--
(1) In general.--If a grazing allotment covered by a
grazing permit or lease that is waived under subsection (a) is
also covered by another grazing permit or lease that is not
waived, the Secretary shall reduce the level of commercial
livestock grazing on the grazing allotment to reflect the
waiver.
(2) Authorized level.--To ensure that there is a permanent
reduction in the level of livestock grazing on the land covered
by the grazing permit or lease waived under subsection (a), the
Secretary shall not allow grazing to exceed the level
established under paragraph (1).
(c) Limitation.--The Secretaries shall accept not more than 100
grazing permits and leases, in the aggregate, per year under this
section on a first come, first served basis.
SEC. 5. EFFECT OF WAIVER OF GRAZING PERMIT OR LEASE.
(a) Effect on Range Developments.--A permittee or lessee who waives
a grazing permit or lease to the Secretary under section 4 shall be
deemed to have waived any claim to all range developments on the
associated grazing allotment, notwithstanding any other provision of
law.
(b) Securing Retired Allotments Against Unauthorized Use.--The
Secretary shall ensure that grazing allotments retired from grazing
under this Act are rendered reasonably secure from trespass grazing by
domestic livestock.
(c) Relation to Other Authority.--Nothing in this Act shall be
construed to affect the Secretary's authority to modify or terminate
grazing permits or leases in accordance with other law.
(d) Relation to Valid Existing Rights.--Nothing in this Act affects
the allocation, ownership, interest, or control, in existence on the
date of the enactment of this Act, of any water, water right, or any
other valid existing right held by the United States, Indian tribe,
State, county, municipality or private individual, partnership or
corporation. | Rural Economic Vitalization Act This bill authorizes the voluntary waiver of permits or leases for grazing on federal lands managed by the Department of Agriculture or the Department of the Interior. If a permit or lease is waived by a permittee or lessee, the appropriate department must: accept and terminate the permit or lease, refrain from issuing any new grazing permit or lease within the grazing allotment covered by the permit or lease, and ensure a permanent end to livestock grazing on the allotment covered by the permit or lease. If an allotment covered by a waiver is also covered by another permit or lease that is not waived, the department must reduce the level of commercial livestock grazing on the allotment to reflect the waiver. The departments must not accept more than 100 grazing permits and leases per year, in the aggregate, under this authority. | {"src": "billsum_train", "title": "Rural Economic Vitalization Act"} | 1,632 | 198 | 0.555129 | 1.619734 | 0.687732 | 3.189024 | 8.140244 | 0.859756 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Counterfeiting
Prevention Act of 1996''.
SEC. 2. INTERAGENCY TASK FORCE ON INTERNATIONAL COUNTERFEITING OF
UNITED STATES CURRENCY.
(a) Establishment.--
(1) In general.--The Secretary of the Treasury, the
Chairman of the Board of Governors of the Federal Reserve
System, and the Secretary of State shall establish, and appoint
the members of, an interagency task force (hereafter in this
Act referred to as the ``task force'') to--
(A) monitor the use and holding of United States
currency in foreign countries;
(B) produce a statistically valid estimate of the
amount of counterfeit United States currency that is
produced, passed, and possessed outside the United
States each year; and
(C) coordinate the activities of the agencies
represented on the task force in carrying out the
duties described in subparagraphs (A) and (B).
(2) Composition of task force.--The task force shall
consist of the following:
(A) The Under Secretary of the Treasury for
Enforcement, or a designee of the Under Secretary.
(B) The Director of the United States Secret
Service, or a designee of the Director.
(C) The Director of the Bureau of Engraving and
Printing, or a designee of the Director.
(D) Such other officers of the Department of the
Treasury, including any officer in any bureau, office,
or service within the department, as the Secretary of
the Treasury may determine to be appropriate, or any
designee of any such officer.
(E) A member of the Board of Governors of the
Federal Reserve System as designated by the Chairman of
such Board, or a designee of such member.
(F) The general counsel of the Board of Governors
of the Federal Reserve System, or a designee of the
general counsel.
(G) Such other officers of the Board of Governors
of the Federal Reserve System as the Chairman of such
Board may determine to be appropriate, or a designee of
any such officer.
(H) Such officers of the Department of State as the
Secretary of State may determine to be appropriate, or
a designee of any such officer.
(3) Representation of other agencies and departments.--
(A) In general.--The Secretary of the Treasury, the
Chairman of the Board of Governors of the Federal
Reserve System, and the Secretary of State may include
representatives of any other agency or department of
the United States on the task force, with the
concurrence of the head of such agency or department.
(B) Appointment of members of task force.--The
representative of any agency or department referred to
in subparagraph (A) shall consist of--
(i) the head of such agency or department,
or a designee of such head; and
(ii) such other officers of such agency or
department as the head of such agency or
department may determine to be appropriate, or
a designee of any such officer.
(4) Chairperson.--The Secretary of the Treasury shall serve
as the chairperson of the task force.
(b) Evaluation Audit Plan.--
(1) In general.--The task force shall establish an
effective international evaluation audit plan that is designed
to enable the agencies represented on the task force to carry
out the duties described in subparagraphs (A) and (B) of
subsection (a)(1) on a regular and thorough basis.
(2) Submission of detailed written summary.--The task force
shall submit a detailed written summary of the evaluation audit
plan developed pursuant to paragraph (1) to the Congress before
the end of the 6-month period beginning on the date of the
enactment of this Act.
(3) 1st evaluation audit under plan.--The task force shall
begin the first evaluation audit pursuant to the evaluation
audit plan no later than the end of the 1-year period beginning
on the date of the enactment of this Act.
(4) Subsequent evaluation audits.--At least 1 evaluation
audit shall be performed pursuant to the evaluation audit plan
during each 2-year period beginning after the date of the
commencement of the evaluation audit referred to in paragraph
(3).
(c) Reports.--
(1) In general.--The task force shall submit a written
report to the Committee on Banking and Financial Services of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate on the results of each
evaluation audit conducted pursuant to subsection (b) within 90
days after the completion of the evaluation audit.
(2) Contents.--In addition to such other information as the
task force may determine to be appropriate, each report
submitted to the Congress pursuant to paragraph (1) shall
include the following information:
(A) A detailed description of the evaluation audit
process and the methods used to detect counterfeit
currency.
(B) The method used to determine the currency
sample examined in connection with the evaluation audit
and an analysis of the statistical significance of the
sample examined.
(C) A list of the countries, types of financial
institutions, and other entities included.
(D) The total amount of United States currency and
the total quantity of each denomination found at each
type of evaluation audit site.
(E) The total amount of counterfeit United States
currency and the total quantity of each counterfeit
denomination found at each type of evaluation audit
site.
(F) An analysis of the types of counterfeit
currency discovered and any recurring patterns of
counterfeiting, including currency that fits the family
of counterfeit currency designated by the United States
Secret Service as C--14342.
(3) Classification of information.--
(A) In general.--To the greatest extent possible,
each report submitted to the Congress under this
subsection shall be submitted in an unclassified form.
(B) Classified and unclassified forms.--If, in the
interest of submitting a complete report under this
subsection, the task force determines that it is
necessary to include classified information in the
report, the report shall be submitted in a classified
and an unclassified form.
SEC. 3. LAW ENFORCEMENT AND SENTENCING PROVISIONS RELATING TO
INTERNATIONAL COUNTERFEITING OF UNITED STATES CURRENCY.
(a) Findings.--The Congress hereby finds the following:
(1) United States currency is being counterfeited outside
the United States.
(2) The 103d Congress enacted, with the approval of the
President on September 13, 1994, section 470 of title 18,
United States Code, making such activity a crime under the laws
of the United States.
(3) The expeditious posting of agents of the United States
Secret Service to overseas posts, which is necessary for the
effective enforcement of section 470 and related criminal
provisions, has been delayed.
(4) While section 470 of title 18, United States Code,
provides for a maximum term of imprisonment of 20 years as
opposed to a maximum term of 15 years for domestic
counterfeiting, the United States Sentencing Commission has
failed to provide, in its sentencing guidelines, for an
appropriate enhancement of punishment for defendants convicted
of counterfeiting United States currency outside the United
States.
(b) Timely Consideration of Requests for Concurrence in Creation of
Overseas Posts.--
(1) In general.--The Secretary of State shall--
(A) consider in a timely manner the request by the
Secretary of the Treasury for the placement of such
number of agents of the United States Secret Service as
the Secretary of the Treasury considers appropriate in
posts in overseas embassies; and
(B) reach an agreement with the Secretary of the
Treasury on such posts as soon as possible and, in any
event, not later than December 31, 1996.
(2) Cooperation of treasury required.--The Secretary of the
Treasury shall promptly provide any information requested by
the Secretary of State in connection with such requests.
(3) Reports required.--The Secretary of the Treasury and
the Secretary of State shall each submit, by February 1, 1997,
a written report to the Committee on Banking and Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate explaining
the reasons for the rejection, if any, of any proposed post and
the reasons for the failure, if any, to fill any approved post
by such date.
(c) Enhanced Penalties for International Counterfeiting of United
States Currency.--Pursuant to the authority of the United States
Sentencing Commission under section 994 of title 28, United States
Code, the Commission shall amend the sentencing guidelines prescribed
by the Commission to provide an appropriate enhancement of the
punishment for a defendant convicted under section 470 of title 18 of
such Code. | International Counterfeiting Prevention Act of 1996 - Requires the Secretary of the Treasury (Secretary), the Chairman of the Board of Governors of the Federal Reserve System, and the Secretary of State to establish, and appoint the members of, an interagency task force to: (1) monitor the use and holding of U.S. currency in foreign countries; (2) produce a statistically valid estimate of the amount of counterfeit U.S. currency that is produced, passed, and possessed outside the United States each year; and (3) coordinate the activities of the agencies represented on the task force in carrying out such duties. Requires the task force to establish, implement, and report to the Congress on an effective international evaluation audit plan designed to enable the represented agencies to carry out their duties.
Requires the Secretary of State to: (1) consider in a timely manner the request of the Secretary of the Treasury for the placement of Secret Service agents in posts in overseas embassies for the effective enforcement of prohibitions against international counterfeiting of U.S. currency; and (2) reach an agreement with the Secretary on such posts by December 31, 1996. Requires the Secretaries to each submit a written report, by February 1, 1997, to specified congressional committees explaining the reasons for any rejection of a proposed post and any failure to fill an approved post by such date.
Requires the United States Sentencing Commission to amend its sentencing guidelines to provide an appropriate enhancement of the punishment (a maximum 20-year prison term) for a defendant convicted under the Federal criminal code of international counterfeiting of U.S. currency. | {"src": "billsum_train", "title": "International Counterfeiting Prevention Act of 1996"} | 1,891 | 351 | 0.662495 | 2.232662 | 0.678928 | 4.110749 | 5.791531 | 0.931596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southwest Bridge Research Center
Establishment Act of 2005''.
SEC. 2. BRIDGE RESEARCH CENTER.
Section 5505 of title 49, United States Code, is amended by adding
at the end the following:
``(k) Southwest Bridge Research Center.--
``(1) In general.--In addition to the university
transportation centers receiving grants under subsections (a)
and (b), the Secretary shall provide grants to New Mexico State
University, in collaboration with the Oklahoma Transportation
Center, to establish and operate a university transportation
center to be known as the `Southwest Bridge Research Center'
(referred to in this subsection as the `Center').
``(2) Purpose.--The purpose of the Center shall be to
contribute at a national level to a systems approach to
improving the overall performance of bridges, with an emphasis
on--
``(A) increasing the number of highly skilled
individuals entering the field of transportation;
``(B) improving the monitoring of structural health
over the life of bridges;
``(C) developing innovative technologies for bridge
testing and assessment;
``(D) developing technologies and procedures for
ensuring bridge safety, reliability, and security; and
``(E) providing training in the methods for bridge
inspection and evaluation.
``(3) Objectives.--The Center shall carry out--
``(A) basic and applied research, the products of
which shall be judged by peers or other experts in the
field to advance the body of knowledge in
transportation;
``(B) an education program that includes
multidisciplinary course work and participation in
research; and
``(C) an ongoing program of technology transfer
that makes research results available to potential
users in a form that can be implemented.
``(4) Maintenance of effort.--To be eligible to receive a
grant under this subsection, the institution specified in
paragraph (1) shall enter into an agreement with the Secretary
to ensure that, for each fiscal year after establishment of the
Center, the institution will fund research activities relating
to transportation in an amount that is at least equal to the
average annual amount of funds expended for the activities for
the 2 fiscal years preceding the fiscal year in which the grant
is received.
``(5) Cost sharing.--
``(A) Federal share.--The Federal share of the cost
of any activity carried out using funds from a grant
provided under this subsection shall be 50 percent.
``(B) Non-federal share.--The non-Federal share of
the cost of any activity carried out using funds from a
grant provided under this subsection may include funds
provided to the recipient under any of sections 503,
504(b), and 505 of title 23.
``(C) Ongoing programs.--After establishment of the
Center, the institution specified in paragraph (1)
shall obligate for each fiscal year not less than
$200,000 in regularly budgeted institutional funds to
support ongoing transportation research and education
programs.
``(6) Program coordination.--
``(A) Coordination.--The Secretary shall--
``(i) coordinate the research, education,
training, and technology transfer activities
carried out by the Center;
``(ii) disseminate the results of that
research; and
``(iii) establish and operate a
clearinghouse for information derived from that
research.
``(B) Annual review and evaluation.--At least
annually, and in accordance with the plan developed
under section 508 of title 23, the Secretary shall
review and evaluate each program carried out by the
Center using funds from a grant provided under this
subsection.
``(7) Limitation on availability of funds.--Funds made
available to carry out this subsection shall remain available
for obligation for a period of 2 years after the last day of
the fiscal year for which the funds are authorized.
``(8) Amount of grant.--For each of fiscal years 2005
through 2010, the Secretary shall provide a grant in the amount
of $3,000,000 to the institution specified in paragraph (1) to
carry out this subsection.
``(9) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $3,000,000
for each of fiscal years 2005 through 2010.''. | Southwest Bridge Research Center Establishment Act of 2005 - Amends Federal transportation law to direct the Secretary of Transportation to provide grants to New Mexico State University, in collaboration with the Oklahoma Transportation Center, to establish the Southwest Bridge Research Center to contribute at a national level to a systems approach to improving the overall performance of bridges. | {"src": "billsum_train", "title": "A bill to amend title 49, United States Code, to establish a university transportation center to be known as the \"Southwest Bridge Research Center\"."} | 934 | 69 | 0.630921 | 1.635245 | 1.236516 | 5.180328 | 14.918033 | 0.95082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorism Victim Compensation Equity
Act''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered a
reference to the September 11th Victim Compensation Fund of 2001
(Public Law 107-42; 49 U.S.C. 40101 note).
SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS.
(a) Definitions.--Section 402(4) is amended by inserting ``,
related to the bombings of United States embassies in East Africa on
August 7, 1998, related to the attack on the U.S.S. Cole on October 12,
2000, or related to the attack on the World Trade Center on February
26, 1993'' before the period.
(b) Purpose.--Section 403 is amended by inserting `` or killed as a
result of the bombings of United States embassies in East Africa on
August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or
the attack on the World Trade Center on February 26, 1993'' before the
period.
(c) Determination of Eligibility for Compensation.--
(1) Claim form contents.--Section 405(a)(2)(B) is amended--
(A) in clause (i), by inserting ``, the bombings of
United States embassies in East Africa on August 7,
1998, the attack on the U.S.S. Cole on October 12,
2000, or the attack on the World Trade Center on
February 26, 1993'' before the semicolon;
(B) in clause (ii), by inserting ``or bombings''
before the semicolon; and
(C) in clause (iii), by inserting ``or bombings''
before the period.
(2) Limitation.--Section 405(a)(3) is amended by striking
``2 years'' and inserting ``3 years''.
(3) Collateral compensation.--Section 405(b)(6) is amended
by inserting ``, the bombings of United States embassies in
East Africa on August 7, 1998, the attack on the U.S.S. Cole on
October 12, 2000, or the attack on the World Trade Center on
February 26, 1993'' before the period.
(4) Eligibility.--
(A) Individuals.--Section 405(c)(2)(A) is amended--
(i) in clause (i), by inserting ``, was
present at the United States Embassy in
Nairobi, Kenya, or the United States Embassy in
Dar es Salaam, Tanzania, at the time, or in the
immediate aftermath, of the bombings of United
States embassies in East Africa on August 7,
1998, was on the U.S.S. Cole on October 12,
2000, or was present at the World Trade Center
on February 26, 1993 at the time of the
bombings of that building'' before the
semicolon; and
(ii) by striking clause (ii) and inserting
the following:
``(ii) suffered death as a result of such
an air crash or suffered death as a result of
such a bombing;''.
(B) Requirements.--Section 405(c)(3) is amended--
(i) in the heading for subparagraph (B) by
inserting ``relating to september 11th
terrorist acts'' before the period; and
(ii) by adding at the end the following:
``(C) Limitation on civil action relating to other
terrorist acts.--
``(i) In general.--Upon the submission of a
claim under this title, the claimant involved
waives the right to file a civil action (or to
be a party to an action) in any Federal or
State court for damages sustained by the
claimant as a result of the bombings of United
States embassies in East Africa on August 7,
1998, the attack on the U.S.S. Cole on October
12, 2000, or the attack on the World Trade
Center on February 26, 1993. The preceding
sentence does not apply to a civil action to
recover any collateral source obligation based
on contract, or to a civil action against any
person who is a knowing participant in any
conspiracy to commit any terrorist act.
``(ii) Pending actions.--In the case of an
individual who is a party to a civil action
described in clause (i), such individual may
not submit a claim under this title unless such
individual withdraws from such action by the
date that is 90 days after the date on which
regulations are promulgated under section 4 of
the Terrorism Victim Compensation Equity Act.
``(D) Individuals with prior compensation.--
``(i) In general.--Subject to clause (ii),
an individual is not an eligible individual for
purposes of this subsection if the individual,
or the estate of that individual, has received
any compensation from a civil action or
settlement based on tort related to the
bombings of United States embassies in East
Africa on August 7, 1998, the attack on the
U.S.S. Cole on October 12, 2000, or the attack
on the World Trade Center on February 26, 1993.
``(ii) Exception.--Clause (i) shall not
apply to compensation received from a civil
action against any person who is a knowing
participant in any conspiracy to commit any
terrorist act.
``(E) Victims of bombings of united states
embassies in east africa.--An individual who suffered
death as a result of a bombing or attack described in
subparagraph (C)(i) shall not be an eligible individual
by reason of that bombing or attack, unless that
individual is or was a United States citizen.''.
(C) Ineligibility of participants and
conspirators.--Section 405(c) is amended by adding at
the end the following:
``(4) Ineligibility of participants and conspirators.--An
individual, or a representative of that individual, shall not
be eligible to receive compensation under this title if that
individual is identified by the Attorney General to have been a
participant or conspirator in the bombings of United States
embassies in East Africa on August 7, 1998, the attack on the
U.S.S. Cole on October 12, 2000, or the attack on the World
Trade Center on February 26, 1993.''.
(D) Eligibility of members of the uniformed
services.--Section 405(c) (as amended by subparagraph
(C)) is further amended by adding at the end the
following:
``(5) Eligibility of members of the uniformed services.--An
individual who is a member of the uniformed services shall not
be excluded from being an eligible individual by reason of
being such a member.''.
SEC. 4. REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General, in consultation with the Special Master, shall
promulgate regulations to carry out the amendments made by this Act,
including regulations with respect to--
(1) forms to be used in submitting claims under this Act;
(2) the information to be included in such forms;
(3) procedures for hearing and the presentation of
evidence;
(4) procedures to assist an individual in filing and
pursuing claims under this Act; and
(5) other matters determined appropriate by the Attorney
General. | Terrorism Victim Compensation Equity Act - Amends the September 11th Victim Compensation Fund of 2001 to provide compensation for the U.S. citizens who were victims of the bombings of United States embassies in East Africa on August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or the attack on the World Trade Center on February 26, 1993, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001.
States that a claimant under this Act waives the right to file a civil action in any Federal or State court for damages sustained in the incident, except against a knowing participant in any conspiracy to commit any terrorist act. Exempts from such waiver any civil action to recover a collateral source obligation based on contract. | {"src": "billsum_train", "title": "A bill to amend the September 11th Victim Compensation Fund of 2001 (Public Law 107-42; 49 U.S.C. 40101 note) to provide compensation for the United States Citizens who were victims of the bombings of United States embassies in East Africa on August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or the attack on the World Trade Center on February 26, 1993, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001."} | 1,720 | 177 | 0.602987 | 1.89159 | 0.652309 | 6.206667 | 9.893333 | 0.913333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Targeted Economic Development Block
Grant Program Act of 1993''.
SEC. 2. ESTABLISHMENT OF TARGETED ECONOMIC DEVELOPMENT BLOCK GRANT
PROGRAM.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended by adding at the end the following new
section:
``SEC. 122. TARGETED ECONOMIC DEVELOPMENT BLOCK GRANT PROGRAM.
``(a) Allocation.--
``(1) In general.--From amounts appropriated under
subsection (g), the Secretary of Housing and Urban Development
shall allocate to each qualified city for a fiscal year the
amount determined in accordance with the following formula:
X
A <3-ln (> ---- <3-ln )>
U
``(2) Determination of eligibility.--A city is a qualified
city if such city--
``(A) is a metropolitan city;
``(B) is, for any fiscal year, eligible to receive
an allocation of funds under section 106(a)(3); and
``(C) has a need adjusted per capita income factor
(as determined under paragraph (7)) is equal to or less
than 0.55.
``(3) Determination of term `a'.--For purposes of paragraph
(1), the term `A' means the amount appropriated under
subsection (g) for the fiscal year involved.
``(4) Determination of term `u'.--For purposes of paragraph
(1), the term `U' means the sum of the respective terms `X'
determined for the cities under paragraph (5).
``(5) Determination of term `x'.--For purposes of paragraph
(1), the term `X' means the product of--
``(A) the total population of the city involved, as
determined by the Secretary using the most recent data
that is available from the Secretary of Commerce
pursuant to the decennial census and pursuant to
reasonable estimates by such Secretary of changes
occurring in the data in the ensuing period;
``(B) the need index of such city, as determined
under paragraph (6); and
``(C) the need adjusted per capita income factor of
such city, as determined under paragraph (7).
``(6) Determination of need index.--
``(A) For purposes of paragraph (5)(B), the term
`need index' means the number equal to the quotient
of--
``(i) the term `N', as determined under
subparagraph (B); divided by
``(ii) the term `P', as determined under
subparagraph (C).
``(B) For purposes of subparagraph (A)(i), the term
`N' means the percentage constituted by the ratio of--
``(i) the amount of funds allocated to the
city in the current fiscal year under section
106(a)(3); to
``(ii) the sum of the amount of funds
received by all eligible cities in the current
fiscal year under section 106(a)(3).
``(C) For purposes of subparagraph (A)(ii), the
term `P' means the percentage constituted by the ratio
of--
``(i) the amount equal to the total
population of the city, as determined by the
Secretary using the most recent data that is
available from the Secretary of Commerce
pursuant to the decennial census and pursuant
to reasonable estimates by such Secretary of
changes occurring in the data in the ensuing
period; to
``(ii) the amount equal to the total
population of all eligible cities in the
current fiscal year.
``(D) For purposes of this paragraph, the term
`eligible cities' means those cities which meet the
requirements of subparagraphs (A) and (B) of paragraph
(2).
``(7) Determination of need adjusted per capita income
factor.--
``(A) For purposes of paragraphs (2)(C) and (5)(C)
(and subject to subparagraph (D)), the term `need
adjusted per capita income factor' means the amount
equal to the percentage determined for the city in
accordance with the following formula:
I
1-.15 <3-ln (> ---- <3-ln )>
Q
``(B) For purposes of subparagraph (A), the term
`I' means the per capita income of the city for the
most recent year for which data is available, as
determined by the Secretary of Commerce.
``(C) For purposes of subparagraph (A), the term
`Q' means the product of--
``(i) the need index of such city, as
determined under paragraph (6); and
``(ii) the amount equal to the per capita
income of the United States for the most recent
year for which data is available, as determined
by the Secretary of Commerce.
``(D) In the case of a city for which the quotient
of the term `I' (as determined under subparagraph (B))
divided by the term `Q' (as determined under
subparagraph (C)) is less than 0.2, then such quotient
shall be deemed to be equal to 0.2 for such city for
purposes of the formula under subparagraph (A).
``(b) Application.--
``(1) In general.--The Secretary may not make a grant under
subsection (a) in a fiscal year to a city unless the city
submits to the Secretary an application in such form and
containing such information as the Secretary may require,
including the certifications required under paragraph (2).
``(2) Certifications.--Each application shall include
certifications by the chief executive official of the city and
the Governor of the State in which the city is located that--
``(A) the city will use amounts from a grant
received under subsection (a) only for the purpose of
carrying out the eligible activities under subsection
(e) and will not use amounts from such grant for any of
the prohibited activities under subsection (f);
``(B) the city will provide matching amounts in
accordance with the formula in subsection (c) for the
purpose of carrying out such eligible activities;
``(C) the State in which the city is located will
provide matching amounts to the city in accordance with
the formula in subsection (d) for the purpose of
carrying out such eligible activities;
``(D) the city will maintain all amounts received
from a grant under subsection (a) and all matching
amounts described in subparagraphs (B) and (C) in an
account separate from the account in which the general
funds of the city are maintained;
``(E) both the city and the State will maintain
their aggregate expenditures from all other sources for
such eligible activities at or above the average level
of such expenditures in the 2 fiscal years preceding
the date on which the city receives amounts from a
grant under subsection (a);
``(F) the city will reserve not less than 5 percent
of amounts received from a grant under subsection (a)
to enter into contracts with minority-owned businesses
for the purpose of carrying out such eligible
activities; and
``(G) not later than 180 days after the date on
which the city receives amounts from a grant under
subsection (a), the city will submit to the Secretary a
report containing a description of the use of amounts
received from a grant under subsection (a) and an
evaluation of the effectiveness of the grant program in
the city, including the extent to which the taxable
value of the local property tax base and related
revenue sources allocated to the city's general fund
have been increased.
``(3) Notification of disapproval.--
``(A) In general.--The Secretary shall provide
notification to a city of a proposed disapproval of
such city's application not later than 20 days after
the date on which the Secretary receives such
application under paragraph (1).
``(B) Appeal.--A city may appeal the proposed
disapproval of an application under subparagraph (A).
Such appeal, including review by the Secretary, shall
be completed not later than 45 days after the date on
which the city provides notice to the Secretary of such
appeal.
``(c) City Matching Funds.--
``(1) In general.--Subject to paragraph (3), each city
receiving amounts from a grant under subsection (a) shall
provide amounts for each dollar allocated under such subsection
at a rate in accordance with the following formula:
I
.15 <5-line (> ---- <5-ln )>
Q
----------------
---------------------------------------------------------------------------
I
1-.15 <5-line (> ---- <5-ln )>
Q
``(2) Determination of terms `i' and `q'.--For purposes of
paragraph (1) (and subject to subsection (a)(7)(D)), the
quotient of the term `I' divided by the term `Q' is equal to
the term `I' determined under subsection (a)(7)(B) divided by
the term `Q' determined under subsection (a)(7)(C).
``(3) Special rule.--
``(A) In the case of a city for which the rate
determined under paragraph (1) is less than 5 cents per
dollar of amounts allocated under subsection (a), then
such rate shall be deemed to be equal to 5 cents per
dollar.
``(B) In the case of a city for which the rate
determined under paragraph (1) is more than 25 cents
per dollar of amounts allocated under subsection (a),
then such rate shall be deemed to be equal to 25 cents
per dollar.
``(d) State Matching Funds.--
``(1) In general.--Each State in which a city receiving
amounts from a grant under subsection (a) is located shall
provide amounts for each dollar allocated under subsection (a)
at a rate in accordance with the following formula:
.15(R)
----------
1-.15(R)
``(2) Determination of term `r'.--For purposes of paragraph
(1) (and subject to paragraph (5)), the term `R' (referred to
as the `State resource index') means the number equal to the
quotient of--
``(A) the term `F', as determined under paragraph
(3); divided by
``(B) the term `V', as determined under paragraph
(4).
``(3) Determination of term `f'.--
``(A) For purposes of paragraph (2)(A), the term
`F' means the amount equal to the amount determined in
accordance with the following formula:
Y
----
G
``(B) For purposes of subparagraph (A), the term
`G' means the sum of the respective terms `Y'
determined for the States under subparagraph (C).
``(C) For purposes of subparagraph (A), the term
`Y' means the amount equal to the quotient of--
``(i) an amount equal to the most recent 3-
year average of the total taxable resources of
the State, as determined by the Secretary of
the Treasury; divided by
``(ii) the State cost index, as determined
for such State under subparagraph (D).
``(D) For purposes of subparagraph (C)(ii), the
term `State cost index' means the number equal to the
number determined in accordance with the following
formula:
.5 + .5(W)
``(E) For purposes of subparagraph (D), the term
`W' (referred to as the `State wage index') means the
amount equal to the quotient of--
``(i) an amount equal to the most recent 3-
year average of the annual private industry
wages per employee of the State, as determined
by the Secretary of Labor; divided by
``(ii) an amount equal to the most recent
3-year average of the annual private industry
wages per employee for the United States, as
determined by the Secretary of Labor.
``(4) Determination of term `V'.--For purposes of paragraph
(2)(B), the term `V' means the amount equal to the quotient
of--
``(A) the term `Z', which is equal to the total
population of the State, as determined by the Secretary
using the most recent data that is available from the
Secretary of Commerce pursuant to the decennial census
and pursuant to reasonable estimates by such Secretary
of changes occurring in the data in the ensuing period;
divided by
``(B) an amount equal to the sum of the respective
terms `Z' determined for each of the States under
subparagraph (A).
``(5) Special rule.--In the case of a State for which the
rate determined under paragraph 1 is more than 25 cents per
dollar of amounts allocated under subsection (a), then such
rate shall be deemed to be equal to 25 cents per dollar.
``(e) Eligible Activities.--A city shall use amounts from a grant
under subsection (a) only to--
``(1) provide financial incentives for business creation,
retention, and expansion in such city;
``(2) provide technical assistance to individuals seeking
to establish small businesses in such city; and
``(3) make improvements to the infrastructure of such city,
including--
``(A) land clearing activities;
``(B) the establishment of access roads, parking
lots, and industrial parks;
``(C) assistance to demolish or renovate abandoned
buildings;
``(D) improvements to sewage treatment plants; and
``(E) environmental cleanup of contaminated sites
with significant potential for economic development for
commercial, residential, industrial, or recreational
purposes.
``(f) Prohibited Activities.--A city may not use amounts from a
grant under subsection (a) to--
``(1) provide loans of any kind;
``(2) provide compensation to a city employee;
``(3) pay interest on a debt incurred by the city;
``(4) establish, promote, or retain a gambling activity;
``(5) repair, maintain, or construct residential housing;
``(6) provide transportation, meals, accommodations, petty
cash, personal items, and entertainment expenses to any
individual; and
``(7) provide for any other activity incompatible with the
grant program established under this section, as determined by
the Secretary.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated $2,500,000,000 for fiscal year 1994, $4,000,000,000 for
fiscal year 1995, and $5,000,000,000 for each of the fiscal years 1996
through 1998, for the purpose of making allocations to eligible cities
under subsection (a).''. | Targeted Economic Development Block Grant Program Act of 1993 - Amends the Housing and Community Development Act of 1974 to establish a targeted economic development block grant program for qualifying metropolitan cities. Authorizes appropriations. | {"src": "billsum_train", "title": "Targeted Economic Development Block Grant Program Act of 1993"} | 3,369 | 47 | 0.515216 | 1.054975 | 0.667725 | 4.243243 | 85.621622 | 0.891892 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Open and
Accountable Campaign Financing Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DISCLOSURE
Sec. 101. Additional monthly and quarterly disclosure reports.
Sec. 102. Reporting by national political party committees.
Sec. 103. Increased electronic disclosure.
Sec. 104. Public access to broadcasting records.
Sec. 105. Software for filing of reports.
TITLE II--SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CONTRIBUTION
LIMITS
Sec. 201. Limit on soft money of national political party committees.
Sec. 202. Judicial review.
Sec. 203. Increase in contribution limits.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Prohibition of solicitation of political party soft money in
Federal buildings.
Sec. 302. Update of penalty amounts.
Sec. 303. Filing of Senate reports with the Federal Election
Commission.
TITLE I--DISCLOSURE
SEC. 101. ADDITIONAL MONTHLY AND QUARTERLY DISCLOSURE REPORTS.
(a) Principal Campaign Committees.--
(1) Monthly reports.--Section 304(a)(2)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)) is
amended by striking clause (iii) and inserting the following:
``(iii) additional monthly reports, which shall be
filed not later than the 20th day after the last day of
the month and shall be complete as of the last day of
the month, except that monthly reports shall not be
required under this clause in November and December and
a year end report shall be filed not later than January
31 of the following calendar year.''.
(2) Quarterly reports.--Section 304(a)(2)(B) of such Act is
amended by striking ``the following reports'' and all that
follows through the period and inserting ``the treasurer shall
file quarterly reports, which shall be filed not later than the
15th day after the last day of each calendar quarter, and which
shall be complete as of the last day of each calendar quarter,
except that the report for the quarter ending December 31 shall
be filed not later than January 31 of the following calendar
year.''.
(b) National Committee of a Political Party.--Section 304(a)(4) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(4)) is
amended by adding at the end the following flush sentence:
``Notwithstanding the preceding sentence, a national committee of a
political party shall file the reports required under subparagraph
(B).''.
(c) Conforming Amendments.--
(1) Section 304.--Section 304(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)) is amended--
(A) in paragraph (3)(A)(ii), by striking
``quarterly reports'' and inserting ``monthly
reports''; and
(B) in paragraph (8), by striking ``quarterly
report under paragraph (2)(A)(iii) or paragraph
(4)(A)(i)'' and inserting ``monthly report under
paragraph (2)(A)(iii) or paragraph (4)(A)''.
(2) Section 309.--Section 309(b) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437g(b)) is amended by striking
``calendar quarter'' and inserting ``month''.
SEC. 102. REPORTING BY NATIONAL POLITICAL PARTY COMMITTEES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) is amended by adding at the end the following:
``(e) Political Committees.--
``(1) National and congressional political committees.--The
national committee of a political party, any national
congressional campaign committee of a political party, and any
subordinate committee of either, shall report all receipts and
disbursements during the reporting period.
``(2) Itemization.--If a political committee has receipts
or disbursements to which this subsection applies from any
person aggregating in excess of $200 for any calendar year, the
political committee shall separately itemize its reporting for
such person in the same manner as required in paragraphs
(3)(A), (5), and (6) of subsection (b).
``(3) Reporting periods.--Reports required to be filed
under this subsection shall be filed for the same time periods
required for political committees under subsection (a).''.
SEC. 103. INCREASED ELECTRONIC DISCLOSURE.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434), as amended by section 102, is amended by adding at the end the
following:
``(f) Internet Availability.--The Commission shall make the
information contained in the reports submitted under this section
available on the Internet and publicly available at the offices of the
Commission as soon as practicable (but in no case later than 24 hours)
after the information is received by the Commission.''.
SEC. 104. PUBLIC ACCESS TO BROADCASTING RECORDS.
Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is
amended by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively, and inserting after subsection (b) the following:
``(c) Political Record.--
``(1) In general.--A licensee shall maintain, and make
available for public inspection, a complete record of a request
to purchase broadcast time that--
``(A) is made by or on behalf of a legally
qualified candidate for public office; or
``(B) communicates a message relating to any
political matter of national importance, including--
``(i) a legally qualified candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of
public importance.
``(2) Contents of record.--A record maintained under
paragraph (1) shall contain information regarding--
``(A) whether the request to purchase broadcast
time is accepted or rejected by the licensee;
``(B) the rate charged for the broadcast time;
``(C) the date and time on which the communication
is aired;
``(D) the class of time that is purchased;
``(E) the name of the candidate to which the
communication refers and the office to which the
candidate is seeking election, the election to which
the communication refers, or the issue to which the
communication refers (as applicable);
``(F) in the case of a request made by, or on
behalf of, a candidate, the name of the candidate, the
authorized committee of the candidate, and the
treasurer of such committee; and
``(G) in the case of any other request, the name of
the person purchasing the time, the name, address, and
phone number of a contact person for such person, and a
list of the chief executive officers or members of the
executive committee or of the board of directors of
such person.
``(3) Time to maintain file.--The information required
under this subsection shall be placed in a political file as
soon as possible and shall be retained by the licensee for a
period of not less than 2 years.''.
SEC. 105. SOFTWARE FOR FILING OF REPORTS.
Section 304(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(a)) is amended by adding at the end the following:
``(12) Software for filing of reports.--
``(A) In general.--The Commission shall--
``(i) develop software for use to file a
designation, statement, or report under this
Act; and
``(ii) provide a copy of the software at no
cost to a person required to file a
designation, statement, or report under this
Act.
``(B) Required use.--Any person which maintains or
files a designation, statement, or report under
paragraph (11) shall use software developed under
subparagraph (A) for such maintenance or filing.''.
TITLE II--SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CONTRIBUTION
LIMITS
SEC. 201. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY COMMITTEES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following:
``SEC. 324. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY COMMITTEES.
``(a) Limitation.--A national committee of a political party, a
congressional campaign committee of a national party, or an entity
directly or indirectly established, financed, maintained, or controlled
by such committee shall not accept a donation, gift, or transfer of
funds of any kind (not including transfers from other committees of the
political party or contributions), during a calendar year, from a
person (including a person directly or indirectly established,
financed, maintained, or controlled by such person) in an aggregate
amount in excess of $60,000.
``(b) Aggregate Limit on Donor.--A person shall not make an
aggregate amount of disbursements described in subsection (a) in excess
of $60,000 in any calendar year.
``(c) Index of Amount.--In the case of any calendar year after
2001--
``(1) each $60,000 amount under subsections (a) and (b)
shall be increased based on the increase in the price index
determined under section 315(c), except that the base period
shall be calendar year 2001; and
``(2) each amount so increased shall be the amount in
effect for the calendar year.''.
SEC. 202. JUDICIAL REVIEW.
(a) Expedited Review.--Any Member of Congress, candidate, national
committee of a political party, or any person adversely affected by
section 324 of the Federal Election Campaign Act of 1971, as added by
section 201, may bring an action, in the United States District Court
for the District of Columbia, for declaratory judgment and injunctive
relief on the ground that such section 324 violates the Constitution.
(b) Appeal to Supreme Court.--Notwithstanding any other provision
of law, any order of the United States District Court for the District
of Columbia granting or denying an injunction regarding, or finally
disposing of, an action brought under subsection (a) shall be
reviewable by appeal directly to the Supreme Court of the United
States. Any such appeal shall be taken by a notice of appeal filed
within 10 calendar days after such order is entered; and the
jurisdictional statement shall be filed within 30 calendar days after
such order is entered.
(c) Expedited Consideration.--It shall be the duty of the District
Court for the District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the greatest
possible extent the disposition of any matter brought under subsection
(a).
(d) Enforceability.--The enforcement of any provision of section
324 of the Federal Election Campaign Act of 1971, as added by section
201, shall be stayed, and such section 324 shall not be effective, for
the period--
(1) beginning on the date of the filing of an action under
subsection (a), and
(2) ending on the date of the final disposition of such
action on its merits by the Supreme Court of the United States.
(e) Applicability.--This section shall apply only with respect to
any action filed under subsection (a) not later than 30 days after the
effective date of this Act.
SEC. 203. INCREASE IN CONTRIBUTION LIMITS.
(a) Increase in Individual and Political Committee Contribution
Limits.--Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``$1,000'' and
inserting ``$3,000'';
(B) in subparagraph (B), by striking ``$20,000''
and inserting ``$60,000''; and
(C) in subparagraph (C), by striking ``$5,000'' and
inserting ``$15,000''; and
(2) in paragraph (3)--
(A) by striking ``$25,000'' and inserting
``$75,000''; and
(B) by striking the second sentence.
(b) Increase in Multicandidate Limits.--Section 315(a)(2) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``$5,000'' and inserting
``$7,500''; and
(B) by inserting ``except as provided in
subparagraph (D),'' before ``to any candidate'';
(2) in subparagraph (B)--
(A) by striking ``$15,000'' and inserting
``$30,000''; and
(B) by striking ``or'' at the end;
(3) in subparagraph (C), by striking ``$5,000.'' and
inserting ``$7,500; or''; and
(4) by adding at the end the following:
``(D) in the case of a national committee of a political
party, to any candidate and his authorized political committees
with respect to any election for Federal office which, in the
aggregate, exceed $15,000.''.
(c) Indexing.--Section 315(c) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(c)) is amended--
(1) in paragraph (1)--
(A) by striking the second and third sentences;
(B) by inserting ``(A)'' before ``At the
beginning''; and
(C) by adding at the end the following:
``(B) Except as provided in subparagraph (C), in any calendar year
after 2002--
``(i) a limitation established by subsection (a), (b), (d),
or (h) shall be increased by the percent difference determined
under subparagraph (A); and
``(ii) each amount so increased shall remain in effect for
the calendar year.
``(C) In the case of limitations under subsections (a) and (h),
each amount increased under subparagraph (B) shall remain in effect for
the 2-year period beginning on the first day following the date of the
last general election in the year preceding the year in which the
amount is increased and ending on the date of the next general
election.''; and
(2) in paragraph (2)(B), by striking ``means the calendar
year 1974'' and inserting ``means--
``(i) for purposes of subsections (b) and (d),
calendar year 1974; and
``(ii) for purposes of subsections (a) and (h),
calendar year 2001''.
(d) Increase in Senate Candidate Contribution Limits for National
Party Committees and Senatorial Campaign Committees.--Section 315(h) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(h)) is amended
by striking ``$17,500'' and inserting ``$60,000''.
(e) Effective Dates.--
(1) Except as provided in paragraph (2), the amendments
made by this section shall apply to calendar years beginning
after December 31, 2001.
(2) The amendments made by subsection (c) shall apply to
calendar years after December 31, 2002.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. PROHIBITION OF SOLICITATION OF POLITICAL PARTY SOFT MONEY IN
FEDERAL BUILDINGS.
(a) In General.--Section 607 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``within the meaning of
section 301(8) of the Federal Election Campaign Act of 1971'';
and
(2) by adding at the end the following:
``(c) Definition of Contribution.--In this section, the term
`contribution' means a gift, subscription, loan, advance, or deposit of
money or anything of value made by any person in connection with--
``(1) any election or elections for Federal office;
``(2) any political committee (as defined in section 301 of
the Federal Election Campaign Act of 1971); or
``(3) any State, district, or local committee of a
political party.''.
(b) Amendment of Title 18 To Include Prohibition of Donations.--
Section 602(a)(4) of title 18, United States Code, is amended by
striking ``within the meaning of section 301(8) of the Federal Election
Campaign Act of 1971'' and inserting ``(as defined in section
607(c))''.
SEC. 302. UPDATE OF PENALTY AMOUNTS.
Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C.
437g) is amended by adding at the end the following:
``(e) Adjustment of Dollar Amounts for Inflation.--In the case of
any calendar year after 2001--
``(1) each dollar amount under this section shall be
increased based on the increase in the price index determined
under section 315(c), except that the base period shall be
calendar year 2001; and
``(2) each amount so increased shall be the amount in
effect for the calendar year.
The preceding sentence shall not apply to any amount under subsection
(d) other than the $25,000 amount under paragraph (1)(A) of such
subsection.''.
SEC. 303. FILING OF SENATE REPORTS WITH THE FEDERAL ELECTION
COMMISSION.
(a) Section 302 Amendment.--Section 302 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 432) is amended by striking subsection
(g) and inserting the following:
``(g) Place of Filing.--All designations, statements, and reports
required to be filed under this Act shall be filed with the
Commission.''.
(b) Conforming Amendments.--Title III of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended--
(1) in section 304--
(A) in subsection (a)(6)(A), by striking
``Secretary or the Commission'' through ``as
appropriate'' and inserting ``Commission and Secretary
of State''; and
(B) in the third sentence of subsection (c)(2), by
striking ``the Secretary or''; and
(2) in section 311(a)(4), by striking ``Secretary or the''. | Open and Accountable Campaign Financing Act of 2001 - Amends the Federal Election Campaign Act of 1971 (FECA) to revise reporting requirements, including: (1) changing from quarterly to monthly the additional reports required to be filed with regard to the principal campaign committee of a candidate for the House of Representatives or the Senate in any calendar year during which there is a regularly scheduled election for which such candidate is seeking nomination or election; (2) requiring a national committee of a political party to file the same monthly reports designated for all political committees other than authorized committees of a candidate; and (3) directing the Federal Election Commission (FEC) to make report information available on the Internet and at FEC offices.Amends the Communications Act of 1934 to require a licensee to maintain and make available for public inspection a complete record of certain requests to purchase broadcast time that are related to legally qualified candidates.Amends FECA to require the FEC to develop, and provide at no cost, software for filing FEC reports.Limits to $60,000 the aggregate amount (indexed for inflation) of soft money per calendar year, per contributor that a national committee of a political party, a congressional campaign committee of a national party, or an entity directly or indirectly established, financed, maintained, or controlled by such committee may accept.Increases individual, political committee, and multicandidate political committee contribution limits. Revises indexing provisions. Increases Senate candidate contribution limits for national party committees and senatorial campaign committees.Amends the Federal criminal code to prohibit solicitation of soft money in Federal buildings by an officer or employee of the United States.Amends FECA to provide for the indexing of certain penalty and other amounts under enforcement provisions.Outlines provisions for filing of Senate reports with the FEC. | {"src": "billsum_train", "title": "A bill to amend the Federal Election Campaign Act of 1971 to provide meaningful campaign finance reform through requiring better reporting, decreasing the role of soft money, and increasing individual contribution limits, and for other purposes."} | 4,389 | 394 | 0.565159 | 1.792703 | 0.692044 | 2.895833 | 11.357143 | 0.854167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S. Holocaust Assets Commission Act
of 1998''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a Presidential Commission,
to be known as the ``Presidential Advisory Commission on Holocaust
Assets in the United States'' (hereafter in this Act referred to as the
``Commission'').
(b) Membership.--
(1) Number.--The Commission shall be composed of 19
members, appointed in accordance with paragraph (2).
(2) Appointments.--Of the 19 members of the Commission--
(A) 7 shall be private citizens, appointed by the
President;
(B) 3 shall be representatives of the Department of
State, the Department of Justice, and the Department of
the Treasury (1 representative of each such
Department), appointed by the President;
(C) 2 shall be Members of the House of
Representatives, appointed by the Speaker of the House
of Representatives;
(D) 2 shall be Members of the House of
Representatives, appointed by the Minority Leader of
the House of Representatives;
(E) 2 shall be Members of the Senate, appointed by
the Majority Leader of the Senate;
(F) 2 shall be Members of the Senate, appointed by
the Minority Leader of the Senate; and
(G) 1 shall be the Chairperson of the United States
Holocaust Memorial Council.
(3) Criteria for membership.--Each private citizen
appointed to the Commission shall be an individual who has a
record of demonstrated leadership on issues relating to the
Holocaust or in the fields of commerce, culture, or education
that would assist the Commission in analyzing the disposition
of the assets of Holocaust victims.
(4) Advisory panels.--The Chairperson of the Commission
may, in the discretion of the Chairperson, establish advisory
panels to the Commission, including State or local officials,
representatives of organizations having an interest in the work
of the Commission, or others having expertise that is relevant
to the purposes of the Commission.
(5) Date.--The appointments of the members of the
Commission shall be made not later than 90 days after the date
of enactment of this Act.
(c) Chairperson.--The Chairperson of the Commission shall be
selected by the President from among the members of the Commission
appointed under subparagraph (A) or (B) of subsection (b)(2).
(d) Period of Appointment.--Members of the Commission shall be
appointed for the life of the Commission.
(e) Vacancies.--Any vacancy in the membership of the Commission
shall not affect its powers, but shall be filled in the same manner as
the original appointment.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson at any time after the date of appointment of the
Chairperson.
(g) Quorum.--Thirteen of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold meetings.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Original Research.--
(1) In general.--Except as otherwise provided in paragraph
(3), the Commission shall conduct a thorough study and develop
an historical record of the collection and disposition of the
assets described in paragraph (2), if such assets came into the
possession or control of the Federal Government, including the
Board of Governors of the Federal Reserve System and any
Federal reserve bank, at any time after January 30, 1933--
(A) after having been obtained from victims of the
Holocaust by, on behalf of, or under authority of a
government referred to in subsection (c);
(B) because such assets were left unclaimed as the
result of actions taken by, on behalf of, or under
authority of a government referred to in subsection
(c); or
(C) in the case of assets consisting of gold
bullion, monetary gold, or similar assets, after such
assets had been obtained by the Nazi government of
Germany from governmental institutions in any area
occupied by the military forces of the Nazi government
of Germany.
(2) Types of assets.--Assets described in this paragraph
include--
(A) gold, including gold bullion, monetary gold, or
similar assets in the possession of or under the
control of the Board of Governors of the Federal
Reserve System or any Federal reserve bank;
(B) gems, jewelry, and nongold precious metals;
(C) accounts in banks in the United States;
(D) domestic financial instruments purchased before
May 8, 1945, by individual victims of the Holocaust,
whether recorded in the name of the victim or in the
name of a nominee;
(E) insurance policies and proceeds thereof;
(F) real estate situated in the United States;
(G) works of art; and
(H) books, manuscripts, and religious objects.
(3) Coordination of activities.--In carrying out its duties
under paragraph (1), the Commission shall, to the maximum
extent practicable, coordinate its activities with, and not
duplicate similar activities already or being undertaken by,
private individuals, private entities, or government entities,
whether domestic or foreign.
(b) Comprehensive Review of Other Research.--Upon request by the
Commission and permission by the relevant individuals or entities, the
Commission shall review comprehensively research by private
individuals, private entities, and nonfederal government entities,
whether domestic or foreign, into the collection and disposition of the
assets described in subsection (a)(2), to the extent that such research
focuses on assets that came into the possession or control of private
individuals, private entities, or nonfederal government entities within
the United States at any time after January 30, 1933, either--
(1) after having been obtained from victims of the
Holocaust by, on behalf of, or under authority of a government
referred to in subsection (c); or
(2) because such assets were left unclaimed as the result
of actions taken by, on behalf of, or under authority of a
government referred to in subsection (c).
(c) Governments Included.--A government referred to in this
subsection includes, as in existence during the period beginning on
March 23, 1933, and ending on May 8, 1945--
(1) the Nazi government of Germany;
(2) any government in any area occupied by the military
forces of the Nazi government of Germany;
(3) any government established with the assistance or
cooperation of the Nazi government of Germany; and
(4) any government which was an ally of the Nazi government
of Germany.
(d) Reports.--
(1) Submission to the president.--Not later than December
31, 1999, the Commission shall submit a final report to the
President that shall contain any recommendations for such
legislative, administrative, or other action as it deems
necessary or appropriate. The Commission may submit interim
reports to the President as it deems appropriate.
(2) Submission to the congress.--After receipt of the final
report under paragraph (1), the President shall submit to the
Congress any recommendations for legislative, administrative,
or other action that the President considers necessary or
appropriate.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, 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.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chairperson of the Commission, the head of any such department or
agency shall furnish such information to the Commission as
expeditiously as possible.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 5. COMMISSION PERSONNEL MATTERS.
(a) Compensation.--No member of the Commission who is a private
citizen shall be compensated for service on the Commission. All members
of the Commission who are officers or employees of the United States
shall serve without compensation in addition to that received for their
services as officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Executive Director, Deputy Executive Director, General Counsel,
and Other Staff.--
(1) In general.--Not later than 90 days after the selection
of the Chairperson of the Commission under section 2, the
Chairperson shall, without regard to the civil service laws and
regulations, appoint an executive director, a deputy executive
director, and a general counsel of the Commission, and such
other additional personnel as may be necessary to enable the
Commission to perform its duties under this Act.
(2) Qualifications.--The executive director, deputy
executive director, and general counsel of the Commission shall
be appointed without regard to political affiliation, and shall
possess all necessary security clearances for such positions.
(3) Duties of executive director.--The executive director
of the Commission shall--
(A) serve as principal liaison between the
Commission and other Government entities;
(B) be responsible for the administration and
coordination of the review of records by the
Commission; and
(C) be responsible for coordinating all official
activities of the Commission.
(4) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director, deputy
executive director, general counsel, and other personnel
employed by the Commission, without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and
General Schedule pay rates, except that--
(A) the rate of pay for the executive director of
the Commission may not exceed the rate payable for
level III of the Executive Schedule under section 5314
of title 5, United States Code; and
(B) the rate of pay for the deputy executive
director, the general counsel of the Commission, and
other Commission personnel may not exceed the rate
payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(5) Employee benefits.--
(A) In general.--An employee of the Commission
shall be an employee for purposes of chapters 84, 85,
87, and 89 of title 5, United States Code, and service
as an employee of the Commission shall be service for
purposes of such chapters.
(B) Nonapplication to members.--This paragraph
shall not apply to a member of the Commission.
(6) Office of personnel management.--The Office of
Personnel Management--
(A) may promulgate regulations to apply the
provisions referred to under subsection (a) to
employees of the Commission; and
(B) shall provide support services relating to--
(i) the initial employment of employees of
the Commission; and
(ii) other personnel needs of the
Commission.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement to the
agency of that employee, and such detail shall be without interruption
or loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(f) Staff Qualifications.--Any person appointed to the staff of or
employed by the Commission shall be an individual of integrity and
impartiality.
(g) Conditional Employment.--
(1) In general.--The Commission may offer employment on a
conditional basis to a prospective employee pending the
completion of any necessary security clearance background
investigation. During the pendency of any such investigation,
the Commission shall ensure that such conditional employee is
not given and does not have access to or responsibility
involving classified or otherwise restricted material.
(2) Termination.--If a person hired on a conditional basis
as described in paragraph (1) is denied or otherwise does not
qualify for all security clearances necessary for the
fulfillment of the responsibilities of that person as an
employee of the Commission, the Commission shall immediately
terminate the employment of that person with the Commission.
(h) Expedited Security Clearance Procedures.--A candidate for
executive director or deputy executive director of the Commission and
any potential employee of the Commission shall, to the maximum extent
possible, be investigated or otherwise evaluated for and granted, if
applicable, any necessary security clearances on an expedited basis.
SEC. 6. SUPPORT SERVICES.
During the 180-day period following the date of enactment of this
Act, the General Services Administration shall provide administrative
support services (including offices and equipment) for the Commission.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its final report under section 3.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) Inapplicability of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) does not apply to the Commission.
(b) Public Attendance.--To the maximum extent practicable, each
meeting of the Commission shall be open to members of the public.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated not more than $3,500,000
for the interagency funding of activities of the Commission under this
Act. Funds made available to the Commission pursuant to this section
shall remain available for obligation until December 31, 1999. | U.S. Holocaust Assets Commission Act of 1998 - Establishes the Presidential Advisory Commission on Holocaust Assets in the United States to: (1) study and develop a historical record of the collection and disposition of specified assets of Holocaust victims in the possession or control of the Federal Government (including the Board of Governors of the Federal Reserve System and any Federal reserve bank), after January 30, 1933 (including certain gold assets obtained by the Nazi government of Germany from governmental institutions in Nazi-occupied areas); (2) coordinate its activities with private and governmental entities (including the international Washington Conference on Holocaust-era Assets); (3) encourage the National Association of Insurance Commissioners to report on Holocaust-related claims practices of insurance companies doing business in the United States after January 30, 1933, that issued insurance policies to individuals on designated Holocaust-victim lists; (4) review comprehensively research conducted by other entities regarding such assets in the United States; and (5) report its recommendations to the President.
Instructs the President to report recommendations for action to the Congress.
Directs the Administrator of General Services, upon Commission request, to provide administrative support services on a reimbursable basis.
Authorizes appropriations for FY 1998 through 2000. | {"src": "billsum_train", "title": "U.S. Holocaust Assets Commission Act of 1998"} | 3,003 | 254 | 0.529632 | 1.592691 | 0.690928 | 2.75 | 11.929167 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Labor Union Slowdowns Act
of 2017'' or the ``PLUS Act''.
SEC. 2. DETERRING LABOR SLOWDOWNS.
(a) Amendments to the National Labor Relations Act.--The National
Labor Relations Act is amended--
(1) in section 1 (29 U.S.C. 151), by adding at the end the
following:
``International trade is one of the most important
components of the economy of the United States and will likely
continue to grow in the future. In order to remain competitive
in an increasingly competitive global economy, it is essential
that the United States possess a highly efficient and reliable
public and private transportation network. The ports of the
United States are an increasingly important part of such
transportation network. Experience has demonstrated that
frequent and periodic disruptions to commerce in the maritime
industry in the form of deliberate and unprotected labor
slowdowns at the ports of the United States have led to
substantial and frequent economic disruption and loss,
interfering with the free flow of domestic and international
commerce and threatening the economic health of the United
States, as well as its citizens and businesses. Such frequent
and periodic disruptions to commerce in the maritime industry
hurt the reputation of the United States in the global economy,
cause the ports of the United States to lose business, and
represent a serious and burgeoning threat to the financial
health and economic stability of the United States. It is
hereby declared to be the policy of the United States to
eliminate the causes and mitigate the effects of such
disruptions to commerce in the maritime industry and to provide
effective and prompt remedies to individuals injured by such
disruptions.'';
(2) in section 2 (29 U.S.C. 152), by adding at the end the
following:
``(15) The term `employee engaged in maritime employment'
has the meaning given the term `employee' in section 2(3) of
the Longshore and Harbor Workers' Compensation Act (33 U.S.C.
902(3)).
``(16) The term `labor slowdown'--
``(A) includes any intentional effort by employees
to reduce productivity or efficiency in the performance
of any duty of such employees; and
``(B) does not include any such effort required by
the good faith belief of such employees that an
abnormally dangerous condition exists at the place of
employment of such employees.'';
(3) in section 8(b) (29 U.S.C. 158(b))--
(A) in paragraph (6), by striking ``and'' after the
semicolon;
(B) in paragraph (7), by striking the period at the
end of the matter following subparagraph (C) and
inserting ``; and''; and
(C) by adding at the end the following:
``(8) in representing, or seeking to represent, employees
engaged in maritime employment, to engage in a labor slowdown
at any time, including when a collective-bargaining agreement
is in effect.''; and
(4) in section 10(l) (29 U.S.C. 160(l)), in the first
sentence, by striking ``or section 8(b)(7)'' and inserting ``or
paragraph (7) or (8) of section 8(b)''.
(b) Amendment to the Labor Management Relations Act, 1947.--Section
303 of the Labor Management Relations Act, 1947 (29 U.S.C. 187) is
amended--
(1) in subsection (a), by striking ``in section 8(b)(4)''
and inserting ``under paragraph (4) or (8) of section 8(b)'';
(2) in subsection (b), by adding at the end the following:
``With respect to any unfair labor practice under section
8(b)(8) of the National Labor Relations Act (29 U.S.C.
158(b)(8)), the damages recovered shall be in an amount equal
to 2 times the amount of damages sustained and the cost of the
suit shall include any reasonable attorney fees and expert
witness fees.''; and
(3) by adding at the end the following:
``(c) In an action for damages resulting from a violation of
section 8(b)(8) of the National Labor Relations Act (29 U.S.C.
158(b)(8)), it shall not be a defense that the injured party has, in
any manner, waived, or purported to waive, the right of such party to
pursue monetary damages relating to the labor slowdown at issue--
``(1) in connection with a contractual grievance alleging a
violation of a clause prohibiting a strike, or a similar
clause, in a collective-bargaining agreement; or
``(2) in connection with an action for a breach of such a
clause under section 301.''. | Preventing Labor Union Slowdowns Act of 2017 or the PLUS Act This bill amends the National Labor Relations Act to make it an unlawful labor practice for a labor organization or its agents while representing, or seeking to represent, employees engaged in maritime employment to engage in a labor slowdown at any time, including when a collective-bargaining agreement is in effect. The bill amends the Labor Management Relations Act, 1947 to allow a party injured by a labor slowdown to recover two times the amount of damages sustained and reasonable attorney fees and expert witness fees. | {"src": "billsum_train", "title": "Preventing Labor Union Slowdowns Act of 2017"} | 1,067 | 119 | 0.462426 | 1.33411 | 0.657614 | 4.615385 | 9.432692 | 0.884615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Tax Equity Act of 2009''.
SEC. 2. FINDINGS AND DECLARATIONS OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The United States largely relies on a direct tax
system, whereas 150 countries currently employ one particular
form of indirect tax known as value-added taxes (VAT) as well
as direct taxes. The worldwide VAT tax average in 2005 was 15.7
percent, and in countries of the European Union it ranges
between 15 and 25 percent.
(2) Under the rules of the World Trade Organization (WTO),
direct taxes, such as corporate income taxes, if rebated or
refunded upon the export of goods are viewed as export
subsidies and prohibited on most goods and are at least
potentially actionable on all goods. However, indirect taxes,
such as sales taxes and VAT, may be rebated or refunded upon
the export of goods and such rebate or refund is not defined as
constituting a subsidy and hence is not actionable under WTO
rules.
(3) At present, there are no WTO rules on subsidies as
applied to trade in services. However, a number of countries
currently impose taxes on the import of services and exempt or
rebate or refund taxes upon the export of services, to the
disadvantage of United States services providers.
(4) The disparate treatment of border taxes detrimentally
affects United States agricultural producers, manufacturers,
and service providers in that--
(A) refunds of indirect taxes effectively act as
export subsidies to foreign exporters; and
(B) United States exporters are subject to double
taxation, by paying direct taxes on domestic production
in the United States and having their exported product
or service face a border tax in the importing country
consisting of indirect taxes.
(5) Foreign governments paid their producers an estimated
$369 billion of VAT rebates on goods exported to the United
States. Foreign governments collected from United States
producers an estimated $122.4 billion of VAT equivalent taxes
on their imported goods. The combined goods and services
disadvantage in 2007 was $474 billion.
(6) For more than 40 years, United States businesses have
complained of border tax inequity and, since 1968, prior United
States Administrations and Congresses have sought to resolve
it.
(7) Congress has repeatedly recognized the prejudicial
effect of the disparate treatment of border taxes with respect
to goods and has directed the United States to seek a
negotiated solution:
(A) In passing the Trade Act of 1974 (19 U.S.C.
2101 et seq.), Congress sought ``revision of GATT
articles with respect to the treatment of border
adjustments for international taxes to redress the
disadvantage to countries relying primarily on direct
rather than indirect taxes for revenue needs.''.
(B) In section 1101(b)(16) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2901(b)(16)) and
section 2102(b)(15) of Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3802(b)(15)), Congress
declared that a principal trade negotiating objective
of the United States is to obtain a revision of WTO
rules with respect to the treatment of border taxes in
order to redress the disadvantage to countries relying
primarily on direct taxes for revenue rather than
indirect taxes.
(8) The disparate treatment of border taxes is arbitrary,
inequitable, causes economic distortions based only on the type
of tax system used by a country, and is a primary obstacle to
more balanced trade relations between the United States and its
major trading partners.
(b) Declarations of Policy.--Congress declares the following:
(1) It is critically necessary that the issue of border
taxes be addressed and resolved in WTO negotiations, whether in
the ongoing Doha Development Round of WTO negotiations or
subsequent WTO negotiations.
(2) If such WTO negotiations fail to achieve the United
States trade negotiating objective of revising WTO rules with
respect to the treatment of border taxes in order to redress
the disadvantage to countries relying primarily on direct taxes
for revenue rather than indirect taxes, then effective action
through legislation is warranted given the massive and
inequitable distortions to trade that United States
agricultural producers, manufacturers, and service providers
face as a result of border taxes.
SEC. 3. REPORT ON RESULTS OF WTO NEGOTIATIONS TO REVISE WTO RULES
REGARDING BORDER TAXES.
(a) Report Required.--Not later than 60 days after the completion
of WTO negotiations, or by January 1, 2011, whichever occurs first, the
United States Trade Representative shall submit to Congress a report
certifying whether or not each of the United States trade negotiating
objectives regarding border tax treatment, as specified in subsection
(b), has been met as a result of such negotiations.
(b) U.S. Trade Negotiating Objectives Regarding Border Tax
Treatment Specified.--The United States trade negotiating objectives
regarding border tax treatment specified in this subsection are the
following:
(1) With respect to trade in goods, the revision of WTO
rules with respect to the treatment of border adjustments for
internal taxes to redress the disadvantage to countries relying
primarily on direct taxes for revenue rather than indirect
taxes, as provided for in section 2102(b)(15) of Bipartisan
Trade Promotion Authority Act of 2002 (19 U.S.C. 3802(b)(15)).
(2) With respect to trade in services--
(A) the elimination of the disadvantage in trade in
services that exists for countries relying primarily on
direct taxes that are not adjusted at the border rather
than indirect taxes that are adjusted at the border;
and
(B) the revision of WTO rules regarding trade in
services to ensure that such rules do not result in
disparate treatment of border adjustments for internal
taxes based on the direct or indirect nature of such
taxes.
(c) Definition.--In this section, the terms ``WTO negotiations''
and ``negotiations'' mean the ongoing Doha Development Round of World
Trade Organization negotiations or subsequent WTO negotiations that may
result in revisions to WTO rules to meet the United States trade
negotiating objectives regarding border tax treatment, as specified in
subsection (b).
SEC. 4. TAX ON IMPORTS FROM FOREIGN COUNTRIES WITH AN INDIRECT TAX
SYSTEM.
Subtitle D of the Internal Revenue Code (26 U.S.C. 4461 et seq.) is
amended by adding at the end the following new subchapter G:
``Subchapter G--Tax on Imports From Foreign Countries With An Indirect
Tax System
``Sec. 4491. Imposition of tax.
``SEC. 4491. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed a tax on imports of
goods and services from any foreign country that employs an indirect
tax system and grants rebates of indirect taxes paid on goods or
services exported from that country.
``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) on an imported good or service shall be an amount equal to the
excess of--
``(1) the indirect taxes that are rebated or not paid on
the good or service upon its export, over
``(2) any indirect taxes imposed on the good or service at
the border of the United States.
``(c) Liability and Time of Imposition of Tax.--
``(1) Liability.--The tax imposed by subsection (a) on a
good or service shall be paid by the importer of such good or
service.
``(2) Time of imposition.--The tax imposed by subsection
(a) shall be imposed on imports at the time of entry.
``(d) Period of Applicability.--The tax imposed by subsection (a)
shall apply during the period beginning as prescribed in section
6(a)(1) of the Border Tax Equity Act of 2009 and ending on the date on
which the United States Trade Representative certifies to Congress that
the United States trade negotiating goals of equitable border tax
treatment have been met.
``(e) Special Account.--The tax on imports under subsection (a)
shall be collected by the Bureau of Customs and Border Protection and
deposited into a special account. This special account shall be the
source of payments to qualified United States exporters under section
314(b) of the Tariff Act of 1930.
``(f) Definitions.--For purposes of this subchapter--
``(1) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(2) Importer.--The term `importer' means--
``(A) as such term relates to imports of goods, one
of the parties eligible to file the required customs
entry documentation or information pursuant to section
484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(2)(B)), and
``(B) as such term relates to imports of services,
the importer of the service as defined by the Secretary
in rules and regulations promulgated under this
subchapter.
``(3) Time of entry.--The term `time of entry' means--
``(A) as relates to imports of goods, the time
generally specified in section 484(a)(2)(A) of the
Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(A)) and
prescribed in regulations (19 C.F.R. 141.68), and
``(B) as relates to imports of services, the time
specified by the Secretary in rules and regulations
promulgated under this subchapter.
``(4) Indirect tax system and grants rebates of indirect
taxes.--A foreign country employs an indirect tax system and
grants rebates of indirect taxes paid on goods or services
exported from that country if such country imposes indirect
taxes (including sales taxes and value-added taxes (VAT)) on
goods or services, and permits a rebate of such indirect taxes
paid on goods or services exported from such country.
``(5) Value-added taxes (vat).--The term `value-added
taxes' means an indirect general consumption tax that is levied
by the exporting country on the value added to goods and
services in that country at multiple stages of the production
and supply chain. This type of tax is also referred to as a
goods and services tax (GST).
``(g) Regulations.--The Secretary may prescribe such rules and
regulations as are necessary to carry out this section.''.
SEC. 5. PAYMENTS TO UNITED STATES EXPORTERS TO NEUTRALIZE
DISCRIMINATORY EFFECT OF BORDER TAXES IMPOSED BY
IMPORTING COUNTRIES.
Part II of title III of the Tariff Act of 1930 (19 U.S.C. 1305 et
seq.) is amended by inserting after section 313 the following:
``SEC. 314. PAYMENTS TO UNITED STATES EXPORTERS TO NEUTRALIZE
DISCRIMINATORY EFFECT OF BORDER TAXES IMPOSED BY
IMPORTING COUNTRIES.
``(a) Payments Required.--
``(1) In general.--Upon exportation of goods or services
from the United States to any foreign country that employs an
indirect tax system and imposes or applies indirect taxes on
imports of goods or services at the border, the Secretary of
Homeland Security, acting through the Commissioner responsible
for the Bureau of Customs and Border Protection, shall, if
requested by the exporter, pay to the exporter an amount equal
to the amount of indirect taxes that the importing foreign
country imposes or applies at the border to such goods or
services, minus any United States taxes paid on such goods or
services that have been rebated or refunded upon exportation.
``(2) Information to be included in request.--An exporter
who requests a payment under paragraph (1) shall, in such
request, identify the indirect taxes imposed by the importing
foreign country and present proof of the payment of such taxes
to the importing foreign country's authorities within a
reasonable period of time after exportation of the goods or
services.
``(b) Source of Payments.--
``(1) Special account.--The payments required under
subsection (a) shall be paid from amounts contained in the
special account authorized under section 4491(e) of the
Internal Revenue Code of 1986.
``(2) Appropriation of additional amounts.--To the extent
that, at any time, amounts contained in the special account
described in paragraph (1) are inadequate to make payments
required under subsection (a), there are hereby appropriated,
out of any money in the Treasury of the United States not
otherwise appropriated, such sums as may be necessary for such
purpose.
``(c) Period of Applicability.--The requirement to make payments
under subsection (a) shall apply during the period beginning as
prescribed in subsection (a)(2) or (b) of section 6 of the Border Tax
Equity Act of 2009, as the case may be, and ending on the date on which
the United States Trade Representative certifies to Congress that each
of the United States trade negotiating goals regarding border tax
treatment have been met.
``(d) Regulations.--The Secretary of Homeland Security is
authorized to prescribe such rules and regulations as are necessary to
carry out the provisions of this section.
``(e) Definitions.--In this section:
``(1) Indirect tax system and imposes or applies indirect
taxes on imports of goods or services at the border.--A foreign
country employs an indirect tax system and imposes or applies
indirect taxes on imports of goods or services at the border if
such country imposes indirect taxes (including sales taxes and
value-added taxes (VAT)) on goods or services, and imposes or
applies such indirect taxes on imports of goods or services at
the border.
``(2) Value-added taxes (vat).--The term `value-added
taxes' means an indirect general consumption tax that is levied
by the exporting country on the value added to goods and
services in that country at multiple stages of the production
and supply chain. This type of tax is also referred to as a
goods and services tax (GST).''.
SEC. 6. EFFECTIVE DATES.
(a) General Effective Date.--If, pursuant to subsection (a) of
section 3 of this Act, the United States Trade Representative fails to
certify to Congress by the applicable date specified in such subsection
that each of the United States trade negotiating objectives regarding
border tax treatment described in subsection (b) of such section has
been met as a result of WTO negotiations, then--
(1) section 4491 of the Internal Revenue Code of 1986, as
added by section 4 of this Act, shall take effect 90 days after
such date; and
(2) subject to subsection (b), section 314 of the Tariff
Act of 1930, as added by section 5 of this Act, shall take
effect 120 days after such date.
(b) Earlier Effective Date for Exports of Services.--
(1) In general.--If, pursuant to subsection (a) of section
3 of this Act, the United States Trade Representative fails to
certify to Congress by January 1, 2010, that each of the United
States trade negotiating objectives regarding border tax
treatment described in subsection (b) of such section has been
met as a result of WTO negotiations, then section 314 of the
Tariff Act of 1930, as added by section 5 of this Act, shall
take effect on January 1, 2010, with respect to exports of
services from the United States as described in section 314 of
the Tariff Act of 1930.
(2) Appropriation of amounts.--There are hereby
appropriated, out of any money in the Treasury of the United
States not otherwise appropriated, such sums as may be
necessary for making payments with respect to exports of
services from the United States in accordance with section 314
of the Tariff Act of 1930, as added by section 5 of this Act,
until such time as the special account authorized under
subsection (e) of section 4491 of the Internal Revenue Code of
1986, as added by section 4 of this Act, is established and
amounts contained in the special account are adequate to make
such payments. | Border Tax Equity Act of 2009 - Requires the United States Trade Representative (USTR) to certify to Congress whether or not U.S. objectives for revision of World Trade Organization (WTO) rules on border tax treatment of goods and services from countries with indirect tax systems have been met in WTO negotiations.
Amends the Internal Revenue Code to impose a tax on imports of goods and services from any foreign country that employs an indirect tax system and grants rebates of indirect taxes paid on goods or services exported from that country. Requires deposit of such taxes into a special account.
Requires the Secretary of Homeland Security (DHS), acting through the Commissioner responsible for the Bureau of Customs and Border Protection, upon request of a U.S. exporter, to grant a rebate from this special account to an exporter of goods or services from the United States to such a foreign country of the equivalent of any indirect taxes the foreign country imposes or applies to such goods and services at its border, with certain adjustments. | {"src": "billsum_train", "title": "To authorize the imposition of a tax on imports from any country that employs indirect taxes and grants rebates of the same upon export and to authorize compensatory payments to eligible United States exporters to neutralize the discriminatory effect of such taxes paid by such exporters if United States trade negotiating objectives regarding border tax treatment in World Trade Organization negotiations are not met."} | 3,647 | 225 | 0.526415 | 1.528018 | 0.821022 | 4.252632 | 17.057895 | 0.947368 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rocky Mountain
Forest Insects Response Enhancement and Support Act'' or the ``Rocky
Mountain FIRES Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Response to widespread infestations of bark beetles and other
insects on Federal land in Rocky Mountain
region.
Sec. 4. Community wildfire protection plan development assistance for
at-risk communities in the Rocky Mountain
region.
Sec. 5. Additional assistance for preparation of community wildfire
protection plans.
Sec. 6. Biomass commercial utilization grant program and biomass
collection.
Sec. 7. Cooperation with certain private landowners.
Sec. 8. Partial exclusion from gross income of payments received as
compensation for silvicultural activities
in response to insect-infestation
emergencies.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Fire, bark beetles, and other insects that feed on
trees are natural parts of the Rocky Mountain forest ecology
that have some beneficial effects and help shape the forests by
thinning dense tree stands and promoting cyclical re-growth.
(2) However, in various parts of the Rocky Mountain region,
large-scale infestations of bark beetles and other insects, in
combination with other factors, have increased the likelihood
of unusually severe wildfires that pose a threat to lives and
property in nearby communities.
(3) This increased wildfire danger is the result of the
following factors:
(A) A century-long policy of suppressing even small
fires on Federal lands, which combined with a more
recent reduction in the quantity of timber harvesting
on Federal lands, has resulted in unusually dense
vegetation that can provide fuel for unusually severe
wildfires.
(B) A pronounced and prolonged drought that has
weakened trees and made them more susceptible to both
wildfire and insects.
(C) Population growth in mountain communities
adjacent to Federal lands and the development of ski
areas and other recreational facilities on and in the
vicinity of Federal lands, with a resulting increase in
the number of people, homes, and businesses at risk;
(4) The Healthy Forests Restoration Act of 2003 (Public Law
108-148; 16 U.S.C. 6501 et seq) addressed the need to reduce
the volume of fuel that can feed the most severe fires that
threaten communities.
(5) However, provisions of the Healthy Forests Restoration
Act of 2003 and other laws need to be modified to help further
reduce the risks to communities in the Rocky Mountain region
associated with current insect infestations.
(b) Purpose.--The purpose of this Act is to facilitate a swifter
response by the Secretary of Agriculture and the Secretary of the
Interior to reduce the increased risk of severe wildfires to
communities in the Rocky Mountain region resulting from the effects of
widespread infestations of bark beetles and other insects.
SEC. 3. RESPONSE TO WIDESPREAD INFESTATIONS OF BARK BEETLES AND OTHER
INSECTS ON FEDERAL LAND IN ROCKY MOUNTAIN REGION.
(a) Definitions.--Section 101 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511) is amended--
(1) by redesignating paragraphs (12) through (16) as
paragraphs (13), (14), (16), (17), and (18), respectively;
(2) by inserting after paragraph (11) the following new
paragraph:
``(12) Insect-emergency area.--The term `insect-emergency
area' means Federal land in the Rocky Mountain region that--
``(A) the Secretary determines is subject to a
widespread infestation of bark beetles or other
insects;
``(B) is identified for hazardous fuel reduction
treatment in a community wildfire protection plan; and
``(C) is characterized by insect-induced tree
mortality that the Secretary determines has, or within
one year will have, produced a condition such that an
immediate reduction in hazardous fuels is required in
order to reduce the risks to human life and property or
to a municipal water supply from a severe wildfire.'';
and
(3) by inserting after paragraph (14), as redesignated by
paragraph (2), the following new paragraph:
``(16) Rocky mountain region.--The term `Rocky Mountain
region' means the States of Arizona, Colorado, Idaho, Montana,
New Mexico, North Dakota, South Dakota, Utah, and Wyoming.''.
(b) Funding Allocation Prioritization for Federal Lands in Rocky
Mountain Region.--Section 103(d)(1) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6513(d)(1)(B)) is amended by adding at the end
the following new subparagraph:
``(D) Special rule for rocky mountain region.--The
Secretary shall allocate not less than 70 percent of
the funds allocated for authorized hazardous fuel
reduction projects in the Rocky Mountain region for--
``(i) projects in the wildland-urban
interface; and
``(ii) lands that are in proximity to a
municipal water supply system or a stream
feeding such a system within a municipal
watershed and that have been identified for
such projects in community wildfire protection
plans.''.
(c) Alternative Analysis Process.--Section 104(d)(2) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6514(d)(2)) is amended by
inserting after ``at-risk community'' the following: ``or on any other
lands identified for such a project in a community wildfire protection
plan for an at-risk community in or adjacent to an insect-emergency
area''.
(d) Insect Emergencies.--Title I of the Healthy Forests Restoration
Act of 2003 is amended--
(1) by redesignating sections 107 and 108 as sections 109
and 110, respectively; and
(2) by inserting after section 106 the following new
section:
``SEC. 107. ACTIONS RELATED TO INSECT-EMERGENCY AREAS.
``(a) Designation.--
``(1) Designation authority.--The Secretary may designate
insect-emergency areas. The designation shall be made on the
basis of the best information available, including observation
of relevant insect infestations.
``(2) Initiation.--The designation of an insect-emergency
area may be made on the initiative of the Secretary or in
response to a request by any State agency or any political
subdivision of a State.
``(3) Deadline.--If a State agency or a political
subdivision of a State requests an area to be designated as an
insect-emergency area pursuant to paragraph (2), the decision
regarding such request shall be made no later than 90 days
after receipt of the request.
``(4) Limitation on delegation.--In the case of National
Forest System lands, the authority to make a designation under
this subsection may be delegated only to a Regional Forester.
``(b) Consultation and Public Comment.--Before making a
determination to designate an insect-emergency area, the Secretary
shall--
``(1) consult with any Federal agency responsible for
management of lands within a relevant community wildfire
protection plan and appropriate State and local officials; and
``(2) provide public notice and seek public comments.
``(c) Review of Designation.--Any administrative or judicial review
of a designation made pursuant to subsection (a) shall be subject to
regulations issued pursuant to section 105 and to the provisions of
section 106.
``(d) Effect of Determination.--
``(1) Authorized hazardous fuel reduction projects.--An
authorized hazardous fuel reduction project involving lands
within an area designated as an insect-emergency area may be
categorically excluded from documentation in an environmental
impact statement and environmental assessment under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) if--
``(A) the project involves only lands that are
identified for hazardous-fuel reduction treatment in a
community wildfire protection plan; and
``(B) the decision to categorically exclude the
project is made in accordance with applicable
extraordinary circumstances procedures established
pursuant to section 1508.4 of title 40, Code of Federal
Regulations.
``(2) Stewardship projects.--A stewardship contracting
project under section 347 of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (as contained in
section 101(e) of Public Law 105-277; 16 U.S.C. 2104 note) to
implement a hazardous fuel reduction project in an insect-
emergency area may exceed 10 years, but may not exceed 15
years.
``(e) Personnel Authority.--The Secretary of Agriculture may
relocate or reassign personnel of the Forest Service in order to
provide additional personnel to prepare and carry out applied
silvicultural assessments under section 404 in response to an insect
emergency or to prepare and implement other appropriate actions
involving Federal lands subject to an insect emergency.''.
(e) Relation to Appeals Reform Act.--Section 105 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6515) is amended by adding
at the end the following new subsection:
``(d) Relation to Appeals Reform Act.--Nothing in section 322 of
the Department of the Interior and Related Agencies Appropriations Act,
1999 (Public Law 102-381; 16 U.S.C. 1612 note) shall be construed to
require administrative review procedures different from, or in addition
to, the procedures established by regulations issued pursuant to this
section for administrative review of an authorized hazardous fuel
reduction project conducted pursuant to section 102 or the designation
of an insect-emergency area pursuant to section 107.''.
SEC. 4. COMMUNITY WILDFIRE PROTECTION PLAN DEVELOPMENT ASSISTANCE FOR
AT-RISK COMMUNITIES IN THE ROCKY MOUNTAIN REGION.
(a) Availability of Assistance.--Section 103 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6513) is amended by adding at the
end the following new subsection:
``(e) Planning Assistance for at-Risk Communities.--Using amounts
made available to the Secretary of Agriculture under section 35(c) of
the Mineral Leasing Act (30 U.S.C. 191(c)), the Secretary of
Agriculture shall make grants to at-risk communities in the Rocky
Mountain region to assist the at-risk communities to prepare or revise
a community wildfire protection plan. The Secretary of Agriculture
shall make such grants in consultation with appropriate State
agencies.''.
(b) Funding Source.--Section 35 of the Mineral Leasing Act (30
U.S.C. 191) is amended by adding at the end the following new
subsection:
``(c) Notwithstanding subsection (a), $5,000,000 of the monies paid
into the Treasury under such subsection for each of the fiscal years
2006 through 2010 shall be made available to the Secretary of
Agriculture, without further appropriation and until expended, for
obligation and expenditure pursuant to section 103(e) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6513).''.
SEC. 5. ADDITIONAL ASSISTANCE FOR PREPARATION OF COMMUNITY WILDFIRE
PROTECTION PLANS.
Subparagraph (L) of section 33(b)(3) of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is amended to read as
follows:
``(L) To fund fire prevention programs, including
the development of community wildfire protection plans
(as defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511)).''.
SEC. 6. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM AND BIOMASS
COLLECTION.
(a) Grant Program.--Section 203 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6531) is amended to read as follows:
``SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM.
``(a) Program Authorized.--The Secretary of Agriculture may make
grants to the owners or operators of facilities that use biomass--
``(1) as a raw material to produce electricity, sensible
heat, transportation fuel, or substitutes for petroleum-based
products;
``(2) for wood-based products; or
``(3) for other commercial purposes.
``(b) Priority.--In making grants under this section, the Secretary
shall give priority to applications submitted by persons who purchase
biomass removed from lands in insect-emergency areas through an
authorized hazardous fuel reduction project carried out pursuant to
section 102.
``(c) Use of Grant Funds.--Grants made pursuant to this section may
be used to offset the costs of purchasing biomass.
``(d) Relation to Other Authorities.--The authority provided by
this section is in addition to any other authority of the Secretary to
make grants related to biomass.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $10,000,000 for each of fiscal years 2007
through 2010 to make grants under this section.''.
(b) Central Collection Points.--Title II of the Healthy Forests
Restoration Act of 2003 is amended by adding at the end the following
new section:
``SEC. 204. ESTABLISHMENT OF CENTRAL COLLECTION POINTS.
``(a) Establishment.--To the maximum extent practicable and
consistent with relevant land management plans, the Secretary shall
establish one or more collection point for the placement of vegetative
material removed from Federal or other lands as part of hazardous fuel
reduction projects under title I. No collection point shall be
established on any lands not owned by the United States without the
consent of the owner of such lands.
``(b) Use.--Vegetative material placed at a collection point
established under this section may be sold, donated, or otherwise made
available to any party who will remove the material from the collection
point.
``(c) Definition.--In this section, the term ``Secretary'' means--
``(1) the Secretary of Agriculture with respect to lands
managed by the Forest Service; and
``(2) the Secretary of the Interior with respect to lands
managed by any agency of the Department of the Interior.''.
SEC. 7. COOPERATION WITH CERTAIN PRIVATE LANDOWNERS.
Title I of the Healthy Forests Restoration Act of 2003 is amended
by inserting after section 107, as added by section 3(d), the following
new section:
``SEC. 108. COOPERATION WITH CERTAIN PRIVATE LANDOWNERS.
``(a) Use of Private Landowners.--The Secretary may award
stewardship contracts to or enter into agreements with owners of lands
contiguous to Federal lands managed by the Secretary under which the
landowners may carry out a fuel-reduction project or other activities
on the contiguous Federal lands in order to reduce the extent to which
the Federal lands or other lands could be affected by wildfires. The
agreement shall include such terms and conditions as the Secretary
considers appropriate with regard to activities to be performed on the
Federal lands.
``(b) Reimbursement.--A stewardship contract or other agreement
under this section may provide for reimbursement by the Secretary for
costs incurred by the landowner related to the fuel-reduction project
or other activities on the Federal lands. If reimbursement is not
provided, the cost incurred by the landowner shall be treated as a
donation to the United States for purposes of the Internal Revenue Code
of 1986.''.
SEC. 8. PARTIAL EXCLUSION FROM GROSS INCOME OF PAYMENTS RECEIVED AS
COMPENSATION FOR SILVICULTURAL ACTIVITIES IN RESPONSE TO
INSECT-INFESTATION EMERGENCIES.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 139A the
following new section:
``SEC. 139B. COMPENSATION FOR SILVICULTURAL ACTIVITIES IN RESPONSE TO
INSECT-INFESTATION EMERGENCIES.
``(a) General Rule.--Gross income shall not include any qualified
silvicultural payments.
``(b) Dollar Limitation.--The aggregate of the payments which may
be taken into account under subsection (a) with respect to a taxpayer
for a taxable year shall not exceed $10,000 ($20,000 in the case of a
joint return).
``(c) Qualified Silvicultural Payments.--For purposes of this
section--
``(1) In general.--The term `qualified silvicultural
payment' means any amount received by the taxpayer during the
taxable year as compensation for work performed in the Rocky
Mountain region as part of--
``(A) an authorized hazardous fuels reduction
project conducted pursuant to section 102 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6512) in an insect-emergency area, or
``(B) a silvicultural assessment or other treatment
conducted under section 404 of such Act (16 U.S.C.
6554) in an insect-emergency area.
``(2) Definitions.--The terms `authorized hazardous fuels
reduction project', `insect-emergency area', and `Rocky
Mountain region' have the meanings given those terms in section
101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6511).''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 139A the following new item:
``Sec. 139B. Compensation for silvicultural activities in response to
beetle emergencies.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005. | Rocky Mountain Forest Insects Response Enhancement and Support Act or the Rocky Mountain FIRES Act - Amends the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture or the Secretary of the Interior (the Secretary) to allocate not less than 70% of the funds allocated for authorized hazardous fuel reduction projects in the Rocky Mountain region for: (1) projects in the wildland-urban interface; and (2) lands that are in proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed and that have been identified for such projects in community wildfire protection plans.
Authorizes the Secretary to designate insect-emergency areas.
Authorizes the Secretary of Agriculture to make grants to at-risk communities in the Rocky Mountain region to assist such communities to prepare or revise a community wildfire protection plan.
Requires the Secretary to establish at least one collection point for the placement of vegetative material removed from federal or other lands as part of hazardous fuel reduction projects.
Authorizes the Secretary to award stewardship contracts to, or enter in agreements with, owners of lands contiguous to federal lands managed by the Secretary under which the landowners may carry out a fuel-reduction project or other activities on the contiguous federal lands in order to reduce the extent to which the federal lands or other lands could be affected by wildfires. | {"src": "billsum_train", "title": "To amend the Healthy Forests Restoration Act of 2003 to help reduce the increased risk of severe wildfires to communities in forested areas affected by infestations of bark beetles and other insects, and for other purposes."} | 4,190 | 305 | 0.576104 | 1.666538 | 0.668992 | 6.241245 | 13.7393 | 0.972763 |
SECTION 1. ADDITIONAL AUTHORIZATION FOR IMPROVEMENTS TO SITE SECURITY.
The Reclamation Safety of Dams Act of 1978 is amended--
(1) in section 2 (43 U.S.C. 506), by inserting ``and site
security'' after ``structural safety'';
(2) in section 3 (43 U.S.C. 507), by inserting ``and site
security'' after ``dam safety''; and
(3) in section 4 (43 U.S.C. 508)--
(A) in subsection (c)--
(i) in the matter preceding paragraph (1),
by inserting after ``safety purposes'' the
following: ``and all costs incurred for
building and site security activities
(including facility fortifications, operation,
maintenance and replacement of the
fortifications, and guards and patrols, as
identified in the Bureau of Reclamation's
Report to Congress dated February 2006)'';
(ii) by inserting after paragraph (2) the
following:
``(3) In the case of the Central Valley Project of
California--
``(A) the Secretary shall collect dam safety and
site security costs allocated to irrigation and
municipal and industrial water service exclusively
through inclusion of the costs in the operation and
maintenance rates, capital water rates, or a
combination of operation and maintenance rates and
capital water rates; and
``(B) dam safety and site security costs allocated
to irrigation and municipal and industrial water
service shall not be segregated from other project
operation, maintenance, or capital costs for separate
allocation or repayment.''; and
(iii) by redesignating paragraphs (3) and
(4) as paragraphs (4) and (5), respectively;
and
(B) in subsection (e)--
(i) in paragraph (1), by inserting ``or
site security measure'' after ``modification'';
and
(ii) in paragraph (2), by inserting ``or
site security measure'' after ``modification''.
SEC. 2. REPORTS.
The Reclamation Safety of Dams Act of 1978 is amended--
(1) in section 5 (43 U.S.C. 509)--
(A) in the first sentence--
(i) by striking ``There are hereby'' and
inserting the following:
``(a) In General.--There are''; and
(ii) by striking ``Act:'' and inserting
``Act.'';
(B) in the proviso--
(i) by striking ``Provided, That no funds''
and inserting the following:
``(b) Limitation.--
``(1) In general.--No funds'';
(ii) by inserting after ``under authority
of this Act'' the following: ``, the cause of
which results from new hydrologic or seismic
data or changes in the state-of-the-art
criteria determined to be necessary for site
security or structural safety purposes,''; and
(iii) by striking ``The report required to
be submitted by this section'' and inserting
the following:
``(2) Report.--The report required under paragraph (1)'';
and
(C) by adding at the end the following:
``(c) Annual Report.--
``(1) In general.--The Secretary shall submit to the
Committee on Resources of the House of Representatives and the
Committee Energy and Natural Resources of the Senate an annual
report on building and site security measures carried out under
this Act during the applicable fiscal year.
``(2) Components.--The report required under paragraph (1)
shall include--
``(A) a summary of Federal and non-Federal
expenditures for the fiscal year; and
``(B) information relating to a 5-year plan for
building and site security measures carried out under
this Act, which shall provide pre- and post-September
11, 2001, costs for the building and site security
measures.''; and
(2) in section 5A (43 U.S.C. 509a)--
(A) in subsection (c)--
(i) in paragraph (1), by striking ``under
section 5'' and inserting ``under section
5(b)''; and
(ii) in paragraph (3)--
(I) by striking ``The response''
and inserting ``If a modification is
the result of new hydrologic or seismic
data or changes in the state-of-the-art
criteria determined to be necessary for
structural safety purposes, the
response''; and
(II) by striking ``by section 5''
and inserting ``under section 5(b)'';
(B) in subsection (d), by inserting ``site'' before
``security''; and
(C) by inserting ``or site security measure'' after
``modification'' each place it appears. | Amends the Reclamation Safety of Dams Act of 1978 to authorize the Secretary of the Interior to make modifications that are reasonably required to preserve the site security of Bureau of Reclamation dams and related facilities. Provides for specified reimbursement for costs incurred for building and site security activities.
Requires dam safety and site security costs allocated to irrigation, municipal, and industrial water service for the Central Valley Project, California, to be collected by the Secretary exclusively through inclusion of such costs in operation and maintenance rates, capital water rates, or a combination of both, not segregated from other project costs for separate allocation or repayment. Directs the Secretary, during site security-related construction, to consider cost containment measures.
Prohibits the obligation of funds exceeding a specified amount for carrying out actual construction to modify an existing dam, the cause of which results from new hydrologic or seismic data or changes in the state-of-the-art criteria deemed necessary for site security or structural safety purposes, prior to 30 calendar days after the Secretary has transmitted a report on such existing dam to Congress.
Requires the Secretary to: (1) report annually to Congress on building and site measures carried out during the applicable fiscal year (including a summary of expenditures and information relating to a five-year plan for security measures detailed to show pre- and post-September 11, 2001 costs); (2) provide written notice to project beneficiaries upon identifying a Bureau facility for a site security measure; and (3) include in required reports the Secretary's response when a modification is the result of new data deemed necessary for structural safety purposes. Authorizes the Secretary to waive reporting requirements that could adversely impact site security. | {"src": "billsum_train", "title": "A bill to amend the Reclamation Safety of Dams Act of 1978 to authorize improvements for the security of dams and other facilities, and for other purposes."} | 1,085 | 358 | 0.62506 | 2.060829 | 0.802323 | 2.819018 | 3.092025 | 0.806748 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research Amendments Act of 2004''.
SEC. 2. RETENTION OF TASK FORCE.
Section 603 of the Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998 (16 U.S.C. 1451 note) is amended by striking
subsection (e).
SEC. 3. SCIENTIFIC ASSESSMENTS AND RESEARCH, DEMONSTRATION, AND
TECHNOLOGY TRANSFER PLANS.
Such section 603 is further amended--
(1) in subsection (a) by adding at the end the following:
``In developing the assessments and plans described in subsections (b),
(c), (d), (e), and (f), the Task Force shall work with appropriate
State, Indian tribe, and local governments to ensure that the
assessments and plans fulfill the requirements of subsections (b)(2),
(c)(2), (d)(2), (e)(2), and (f)(2). Additionally, the Task Force shall
consult with appropriate industry (including agriculture and fertilizer
industry), academic institutions, and non-governmental organizations
throughout the development of the assessments and plans.''; and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Scientific Assessments of Harmful Algal Blooms.--(1) Not less
than once every 5 years the Task Force shall complete and submit to
Congress a scientific assessment of harmful algal blooms in United
States coastal waters. The first such assessment shall be completed not
later than 24 months after the date of enactment of the Harmful Algal
Bloom and Hypoxia Research Amendments Act of 2004 and should consider
only marine harmful algal blooms. All subsequent assessments shall
examine both marine and freshwater harmful algal blooms, including
those in the Great Lakes and upper reaches of estuaries.
``(2) The assessments under this subsection shall--
``(A) examine the causes and ecological consequences, and
economic costs, of harmful algal blooms;
``(B) describe the potential ecological and economic costs
and benefits of possible actions for preventing, controlling,
and mitigating harmful algal blooms;
``(C) evaluate progress made by, and the needs of, Federal
research programs on the causes, characteristics, and impacts
of harmful algal blooms; and
``(D) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on harmful algal blooms.
``(c) Scientific Assessment of Freshwater Harmful Algal Blooms.--
(1) Not later than 24 months after the date of enactment of the Harmful
Algal Bloom and Hypoxia Research Amendments Act of 2004 the Task Force
shall complete and submit to Congress a scientific assessment of
current knowledge about harmful algal blooms in freshwater locations
such as the Great Lakes and upper reaches of estuaries, including a
research plan for coordinating Federal efforts to better understand
freshwater harmful algal blooms.
``(2) The freshwater harmful algal bloom scientific assessment
shall--
``(A) examine the causes and ecological consequences, and
the economic costs, of harmful algal blooms with significant
effects on freshwater locations, including estimations of the
frequency and occurrence of significant events;
``(B) establish priorities and guidelines for a
competitive, peer-reviewed, merit-based interagency research
program, as part of the Ecology and Oceanography of Harmful
Algal Blooms (ECOHAB) project, to better understand the causes,
characteristics, and impacts of harmful algal blooms in
freshwater locations; and
``(C) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on harmful algal blooms in
freshwater locations.
``(d) National Scientific Research, Development, Demonstration, and
Technology Transfer Plan Into Reducing Impacts From Harmful Algal
Blooms.--(1) Not later than 12 months after the date of enactment of
the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2004,
the Task Force shall develop and submit to Congress a plan providing
for a comprehensive and coordinated national research program to
develop and demonstrate prevention, control, and mitigation methods to
reduce the impacts of harmful algal blooms on coastal ecosystems
(including the Great Lakes), public health, and the economy.
``(2) The plan shall--
``(A) establish priorities and guidelines for a
competitive, peer-reviewed, merit-based interagency research,
development, demonstration, and technology transfer program on
methods for the prevention, control, and mitigation of harmful
algal blooms;
``(B) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to the actions described in paragraph
(1); and
``(C) include to the maximum extent practicable diverse
institutions, including Historically Black Colleges and
Universities and those serving large proportions of Hispanics,
Native Americans, Asian-Pacific Americans, and other
underrepresented populations.
``(3) The Secretary of Commerce, in conjunction with other
appropriate Federal agencies, shall establish a research, development,
demonstration, and technology transfer program that meets the
priorities and guidelines established under paragraph (2)(A). The
Secretary shall ensure, through consultation with Sea Grant Programs,
that the results and findings of the program are communicated to State,
Indian tribe, and local governments, and to the general public.
``(e) Scientific Assessments of Hypoxia.--(1) Not less than once
every 5 years the Task Force shall complete and submit to Congress a
scientific assessment of hypoxia in United States coastal waters
including the Great Lakes. The first such assessment shall be completed
not less than 12 months after the date of enactment of the Harmful
Algal Bloom and Hypoxia Research Amendments Act of 2004.
``(2) The assessments under this subsection shall--
``(A) examine the causes and ecological consequences, and
the economic costs, of hypoxia;
``(B) describe the potential ecological and economic costs
and benefits of possible actions for preventing, controlling,
and mitigating hypoxia;
``(C) evaluate progress made by, and the needs of, Federal
research programs on the causes, characteristics, and impacts
of hypoxia, including recommendations of how to eliminate
significant gaps in hypoxia modeling and monitoring data; and
``(D) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on hypoxia.
``(f) Local and Regional Scientific Assessments.--(1) The Secretary
of Commerce, in coordination with the Task Force and appropriate State,
Indian tribe, and local governments, shall provide for local and
regional scientific assessments of hypoxia or harmful algal blooms, as
requested by State, Indian tribe, or local governments, or for affected
areas as identified by the Secretary. If the Secretary receives
multiple requests, the Secretary shall ensure, to the extent
practicable, that assessments under this subsection cover
geographically and ecologically diverse locations with significant
ecological and economic impacts from hypoxia or harmful algal blooms.
The Secretary shall establish a procedure for reviewing requests for
local and regional assessments. The Secretary shall ensure, through
consultation with Sea Grant Programs, that the findings of the
assessments are communicated to the appropriate State, Indian tribe,
and local governments, and to the general public.
``(2) The scientific assessments under this subsection shall
examine--
``(A) the causes and ecological consequences, and the
economic costs, of hypoxia or harmful algal blooms in that
area;
``(B) potential methods to prevent, control, and mitigate
hypoxia or harmful algal blooms in that area and the potential
ecological and economic costs and benefits of such methods; and
``(C) other topics the Task Force considers appropriate.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 605 of such Act is amended to read as follows:
``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary of
Commerce for research, education, monitoring, demonstration, and
technology transfer activities related to the prevention, reduction,
and control of harmful algal blooms and hypoxia, $19,000,000 for each
of fiscal years 2005, 2006, and 2007, to remain available until
expended. The Secretary shall consult with the States on a regular
basis regarding the development and implementation of the activities
authorized under this title. Of such amounts for each fiscal year--
``(1) $1,500,000 for each of fiscal years 2005, 2006, and
2007 shall be used to enable the National Oceanic and
Atmospheric Administration to carry out research and assessment
activities, including procurement of necessary research
equipment, at research laboratories of the National Ocean
Service and the National Marine Fisheries Service;
``(2) $3,000,000 for each of fiscal years 2005, 2006, and
2007 shall be used to carry out the Ecology and Oceanography of
Harmful Algal Blooms (ECOHAB) project, with $1,000,000 of such
amount used to carry out research on freshwater harmful algal
blooms;
``(3) $4,000,000 for each of fiscal years 2005, 2006, and
2007 shall be used to carry out the research program described
in section 603(d)(3);
``(4) $7,000,000 for each of fiscal years 2005, 2006, and
2007 shall be used to carry out the Monitoring and Event
Response for Harmful Algal Blooms (MERHAB) project;
``(5) $2,000,000 for each of fiscal years 2005, 2006, and
2007 shall be used for activities related to research and
monitoring on hypoxia; and
``(6) $1,500,000 for each of fiscal years 2005, 2006, and
2007 shall be used to carry out the activities described in
section 603(f).
Amounts authorized under paragraphs (2), (3), (4), and (5) shall only
be used to support competitive, peer-reviewed research programs.''.
Passed the House of Representatives July 7, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Harmful Algal Bloom and Hypoxia Research Amendments Act of 2004 - (Sec. 2) Amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (HABHRCA) to repeal the President's authority to disestablish the Interagency Task Force (thus retaining the Task Force).
(Sec. 3) Directs the Task Force to complete by specified deadlines, and submit to Congress, scientific assessments of: (1) harmful algal blooms (HABs) (first on marine HABs and subsequently on both marine and freshwater HABs, including those in the Great Lakes and upper reaches of estuaries); (2) current knowledge of freshwater HABs and coordination of related Federal research; and (3) hypoxia in U.S. coastal waters, including the Great Lakes. Directs the Task Force to develop, and submit to Congress, a plan for a comprehensive and coordinated national research program to develop and demonstrate prevention, control, and mitigation methods to reduce the impacts of HABs on coastal ecosystems (including the Great Lakes), public health, and the economy. Requires such plan to include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities and those serving large proportions of Hispanics, Native Americans, Asian-Pacific Americans, and other underrepresented populations. Directs the Secretary of Commerce to: (1) establish a research, development, demonstration, and technology transfer program that meets the priorities and guidelines established under the Task Force's research plan; (2) ensure that research program results are communicated to State, Indian tribe, and local governments, and to the general public; and (3) do so in conjunction with other appropriate Federal agencies. Requires the Task Force to work with the appropriate State, Indian tribe, and local governments to ensure that the assessments and research plan fulfill requirements of this Act. Requires the Secretary to provide for local and regional scientific assessments of hypoxia or HABs. Directs the Secretary to do so in coordination with the Task Force and appropriate State, Indian tribe, and local governments and at the request of such governments. (Sec. 4) Authorizes appropriations for FY 2005 through 2007 to the Secretary for research, education, monitoring, demonstration, and technology transfer activities related to the prevention, reduction, and control of HABs and hypoxia. Requires that specified amounts of such funds be used for: (1) National Oceanic and Atmospheric Administration (NOAA) research and assessment activities, including procurement of necessary research equipment, at research laboratories of the National Ocean Service and the National Marine Fisheries Service; (2) the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) project, with a specified portion for research on freshwater HABs; (3) the HABHRCA national research program to develop methods to reduce impacts of HABs; (4) the Monitoring and Event Response for HABs (MERHAB) project; (5) activities related to research and monitoring on hypoxia; and (6) the HABHRCA local and regional scientific assessments of hypoxia or HABs. | {"src": "billsum_train", "title": "To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, and for other purposes."} | 2,186 | 674 | 0.69366 | 2.631343 | 0.663244 | 4.889474 | 3.636842 | 0.917544 |
SECTION 1. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION PROGRAM.
(a) Secure Payments for States and Counties Containing Federal
Land.--
(1) Definitions.--Section 3(11) of the Secure Rural Schools
and Community Self-Determination Act of 2000 (16 U.S.C. 710 2)
is amended--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C)--
(i) by striking ``fiscal year 2012 and each
fiscal year thereafter'' and inserting ``each
of fiscal years 2012 through 2015''; and
(ii) by striking ``year.'' and inserting
``year; and''; and
(C) by adding at the end the following:
``(D) for each of fiscal years 2016 through 2021,
the amount that is equal to the full funding amount for
fiscal year 2011.''.
(2) Calculation of payments.--Section 101 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7111) is amended by striking ``2015'' each place it
appears and inserting ``2021''.
(3) Elections.--Section 102(b) of the Secure Rural Schools
and Community Self-Determination Act of 2000 (16 U.S.C.
7112(b)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``August 1, 2013 (or as soon thereafter as the
Secretary concerned determines is practicable),
and August 1 of each second fiscal year
thereafter'' and inserting ``August 1 of each
fiscal year (or a later date specified by the
Secretary concerned for the fiscal year)''; and
(ii) by adding at the end the following:
``(D) Payment for fiscal years 2016 through 2021.--
A county election otherwise required by subparagraph
(A) shall not apply for fiscal years 2016 through 2021
if the county elects to receive a share of the State
payment or the county payment in 2013.''; and
(B) in paragraph (2)(B)--
(i) by inserting ``or any subsequent year''
after ``2013''; and
(ii) by striking ``2015'' and inserting
``2021''.
(4) Election as to use of balance.--Section 102(d)(1) of
the Secure Rural Schools and Community Self Determination Act
of 2000 (16 U.S.C. 7112(d)(1)) is amended--
(A) in subparagraph (B)(ii), by striking ``not more
than 7 percent of the total share for the eligible
county of the State payment or the county payment'' and
inserting ``any portion of the balance''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) Counties with major distributions.--In the
case of each eligible county to which $350,000 or more
is distributed for any fiscal year pursuant to either
or both of paragraphs (1)(B) and (2)(B) of subsection
(a), the eligible county shall elect to do 1 or more of
the following with the balance of any funds not
expended pursuant to subparagraph (A):
``(i) Reserve any portion of the balance
for projects in accordance with title II.
``(ii) Reserve not more than 7 percent of
the total share for the eligible county of the
State payment or the county payment for
projects in accordance with title III.
``(iii) Return to the Treasury of the
United States the portion of the balance not
reserved under clauses (i) and (ii).''.
(5) Failure to elect.--Section 102(d)(3)(B)(ii) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7112(d)(3)(B)(ii)) is amended by striking
``purpose described in section 202(b)'' and inserting
``purposes described in section 202(b), section 203(c), or
section 204(a)(5)''.
(6) Distribution of payments to eligible counties.--Section
103(d)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by
striking ``2015'' and inserting ``2021''.
(b) Continuation of Authority To Conduct Special Projects on
Federal Land.--
(1) Pilot program.--Section 204(e) of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7124(e)) is amended by striking paragraph (3).
(2) Availability of project funds.--Section 207(d)(2) of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7127(d)(2)) is amended by striking
``subparagraph (B)'' and inserting ``subparagraph (B)(i)''.
(3) Termination of authority.--Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7128) is amended--
(A) in subsection (a), by striking ``2017'' and
inserting ``2023''; and
(B) in subsection (b), by striking ``2018'' and
inserting ``2024''.
(c) Continuation of Authority To Use County Funds.--
(1) Funding for search and rescue.--Section 302(a) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7142(a)) is amended by striking paragraph (2)
and inserting the following:
``(2) to reimburse the participating county or sheriff for
amounts paid for by the participating county or sheriff, as
applicable, for--
``(A) search and rescue and other emergency
services, including firefighting, that are performed on
Federal land; and
``(B) emergency response vehicles or aircraft but
only in the amount attributable to the use of the
vehicles or aircraft to provide the services described
in subparagraph (A).''.
(2) Termination of authority.--Section 304 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7144) is amended--
(A) in subsection (a), by striking ``2017'' and
inserting ``2023''; and
(B) in subsection (b), by striking ``2018'' and
inserting ``2024''.
(d) No Reduction in Payment.--Title IV of the Secure Rural Schools
and Community Self-Determination Act of 2000 (16 U.S.C. 7151 et seq.)
is amended by adding at the end the following:
``SEC. 404. NO REDUCTION IN PAYMENTS.
``Payments under this Act for fiscal year 2016 and each fiscal year
thereafter shall be exempt from direct spending reductions under
section 251A of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901a).''.
SEC. 2. RESTORING MANDATORY FUNDING STATUS TO THE PAYMENT IN LIEU OF
TAXES PROGRAM.
Section 6906 of title 31, United States Code, is amended in the
matter preceding paragraph (1), by striking ``of fiscal years 2008
through 2014'' and inserting ``fiscal year''.
SEC. 3. PERMANENT AUTHORIZATION AND FULL FUNDING OF THE LAND AND WATER
CONSERVATION FUND.
(a) Authorization.--Section 200302 of title 54, United States Code,
is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``During the period ending September 30, 2015,
there'' and inserting ``There''; and
(2) in subsection (c)(1), by striking ``through September
30, 2015''.
(b) Full Funding.--
(1) In general.--Section 200303 of title 54, United States
Code, is amended to read as follows:
``Sec. 200303. Availability of funds
``(a) In General.--Amounts deposited in the Fund under section
200302 shall be made available for expenditure, without further
appropriation or fiscal year limitation, to carry out the purposes of
the Fund (including accounts and programs made available from the Fund
under the Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235; 128 Stat. 2130)).
``(b) Additional Amounts.--Amounts made available under subsection
(a) shall be in addition to amounts made available to the Fund under
section 105 of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note; Public Law 109-432) or otherwise appropriated from
the Fund.
``(c) Allocation Authority.--
``(1) Submission of cost estimates.--The President shall
submit to Congress detailed account, program, and project
allocations to be funded under subsection (a) as part of the
annual budget submission of the President.
``(2) Alternate allocation.--
``(A) In general.--Appropriations Acts may provide
for alternate allocation of amounts made available
under subsection (a), including allocations by account
and program.
``(B) Allocation by president.--
``(i) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations by the date
that is 120 days after the date on which the
applicable fiscal year begins, amounts made
available under subsection (a) shall be
allocated by the President.
``(ii) Insufficient alternate allocation.--
If Congress enacts legislation establishing
alternate allocations for amounts made
available under subsection (a) that are less
than the full amount appropriated under that
subsection, the difference between the amount
appropriated and the alternate allocation shall
be allocated by the President.
``(3) Annual report.--The President shall submit to
Congress an annual report that describes the final allocation
by account, program, and project of amounts made available
under subsection (a), including a description of the status of
obligations and expenditures.''.
(2) Clerical amendment.--The table of sections affected for
title 54 is amended by striking the item relating to section
200303 and inserting the following:
``200303. Availability of funds.''.
(c) Public Access.--Section 200306 of title 54, United States Code,
is amended by adding at the end the following:
``(c) Public Access.--Not less than 1.5 percent of the annual
authorized funding amount shall be made available each year for
projects that secure recreational public access to existing Federal
public land for hunting, fishing, or other recreational purposes.''. | This bill extends the Secure Rural Schools and Community Self-Determination Program through FY2021 at FY2011 funding levels. This Program provides payments to state jurisdictions to compensate for the cost of providing services in tax-exempt federal lands within such jurisdictions. The bill eliminates the fiscal year limitation on funding for the Payments in Lieu of Taxes Program. This Program compensates local governments for tax revenue lost due to tax-exempt federal lands within their boundaries. The bill amends the Land and Water Conservation Fund Act to make permanent the authorization for the Land and and Water Conservation Fund. Amounts in such Funds remain available for expenditure to carry out such Act without further appropriation or fiscal year limitation. Not less than 1.5% the annual authorized funding amount under such Act shall be made available for projects that secure recreational public access to existing federal public land for hunting, fishing, and other recreational purposes. | {"src": "billsum_train", "title": "A bill to extend the secure rural schools and community self-determination program and to make permanent the payment in lieu of taxes program and the land and water conservation fund."} | 2,505 | 193 | 0.466041 | 1.269571 | 0.804622 | 2.621302 | 12.526627 | 0.775148 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Workforce Enhancement Act
of 2009''.
SEC. 2. HOSPITAL RESIDENCY LOAN PROGRAM.
Subpart 2 of part E of title VII of the Public Health Service Act
is amended by adding at the end the following new section:
``SEC. 771. HOSPITAL RESIDENCY LOAN PROGRAM.
``(a) Establishment.--Not later than January 1, 2010, the
Secretary, acting through the Administrator of the Health Resources and
Services Administration, shall establish a loan program that provides
loans to eligible hospitals to establish residency training programs.
``(b) Application.--No loan may be provided under this section to
an eligible hospital except pursuant to an application that is
submitted and approved in a time, manner, and form specified by the
Administrator of the Health Resources and Services Administration. A
loan under this section shall be on such terms and conditions and meet
such requirements as the Administrator determines appropriate, in
accordance with the provisions of this section.
``(c) Eligibility; Preference for Rural and Small Urban Areas.--
``(1) Eligible hospital defined.--For purposes of this
section, an `eligible hospital' means, with respect to a loan
under this section, a hospital that, as of the date of the
submission of an application under subsection (b), meets, to
the satisfaction of the Administrator of the Health Resources
and Services Administration, each of the following criteria:
``(A) The hospital does not operate a residency
training program and has not previously operated such a
program.
``(B) The hospital has secured initial
accreditation by the American Council for Graduate
Medical Education or the American Osteopathic
Association.
``(C) The hospital provides assurances to the
satisfaction of the Administrator of the Health
Resources and Services Administration that such loan
shall be used, consistent with subsection (d), only for
the purposes of establishing and conducting an
allopathic or osteopathic physician residency training
program in at least one of the following medical
specialties, or a combination of the following:
``(i) Family medicine.
``(ii) Internal medicine.
``(iii) Emergency medicine.
``(iv) Obstetrics or gynecology.
``(v) General surgery.
``(vi) Preventive Medicine.
``(vii) Pediatrics.
``(viii) Behavioral and Mental Health.
``(D) The hospital enters into an agreement with
the Administrator that certifies the hospital will
provide for the repayment of the loan in accordance
with subsection (e).
``(2) Preference for rural and small areas.--In making
loans under this section, the Administrator of the Health
Resources and Services Administration shall give preference to
any applicant for such a loan that is a hospital located in a
rural areas (as such term is defined in section 1886(d)(2)(D)
of the Social Security Act) or an urban area that is not a
large urban area (as such terms are respectively defined in
such section).
``(d) Permissible Uses of Loan Funds.--A loan provided under this
section shall be used, with respect to a residency training program,
only for costs directly attributable to the residency training program,
except as otherwise provided by the Administrator of the Health
Resources and Services Administration.
``(e) Repayment of Loans.--
``(1) Repayment plans.--For purposes of subsection
(c)(1)(D), a repayment plan for an eligible hospital is in
accordance with this subsection if it provides for the
repayment of the loan amount in installments, in accordance
with a schedule that is agreed to by the Administrator of the
Health Resources and Services Administration and the hospital
and that is in accordance with this subsection.
``(2) Commencement of repayment.--Repayment by an eligible
hospital of a loan under this section shall commence not later
than the date that is 18 months after the date on which the
loan amount is disbursed to such hospital.
``(3) Repayment period.--A loan made under this section
shall be fully repaid not later than the date that is 24 months
after the date on which the repayment is required to commence.
``(4) Loan payable in full if residency training program
canceled.--In the case that an eligible hospital borrows a loan
under this section, with respect to a residency training
program, and terminates such program before the date on which
such loan has been fully repaid in accordance with a plan under
paragraph (1), such loan shall be payable by the hospital not
later than 45 days after the date of such termination.
``(f) No Interest Charged.--The Administrator of the Health
Resources and Services Administration may not charge or collect
interest on any loan made under this section.
``(g) Limitation on Total Amount of Loan.--The cumulative dollar
amount of a loan made to an eligible hospital under this section may
not exceed $1,000,000.
``(h) Penalties.--The Administrator of the Health Resources and
Services Administration shall establish penalties to which an eligible
hospital receiving a loan under this section would be subject if such
hospital is in violation of any of the criteria described in subsection
(c)(1).
``(i) Reports.--Not later than January 1, 2014, and annually
thereafter (before January 2, 2020), the Administrator of the Health
Resources and Services Administration shall submit to Congress a report
on the efficacy of the program under this section in increasing the
number of residents practicing in each medical specialty described in
subsection (c)(1)(C) during such year and the extent to which the
program resulted in an increase in the number of available
practitioners in each of such medical specialties that serve medically
underserved populations.
``(j) Funding.--
``(1) Authorization of appropriations.--For the purpose of
providing amounts for loans under this section, there are
authorized to be appropriated $25,000,000 for the period of
fiscal years 2010 through 2020.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.
``(3) Repaid loan amounts.--Any amount repaid by, or
recovered from, an eligible hospital under this section on or
before the date of termination described in subsection (k)
shall be credited to the appropriation account from which the
loan amount involved was originally paid. Any amount so
credited shall be available only for the purpose of carrying
out the loan program under this section. Any amount repaid by,
or recovered from, such a hospital under this section after
such date shall be credited to the general fund in the
Treasury.
``(k) Termination of Program.--No loan may be made under this
section after December 31, 2019.''. | Physician Workforce Enhancement Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to establish a loan program that provides loans to eligible hospitals to establish residency training programs. Requires that such program be an allopathic or osteopathic physician residency training program in family medicine, internal medicine, emergency medicine, obstetrics or gynecology, general surgery, preventive medicine, pediatrics, and behavioral and mental health. Requires the Administrator to give preference to hospitals in a rural area or an urban area that is not a large urban area. | {"src": "billsum_train", "title": "To amend title VII of the Public Health Service Act to establish a loan program for eligible hospitals to establish residency training programs."} | 1,495 | 148 | 0.659209 | 1.722109 | 0.719282 | 4.247863 | 11.871795 | 0.948718 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster Care Tax Credit Act''.
SEC. 2. FOSTER CARE TAX CREDIT.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. FOSTER CARE TAX CREDIT.
``(a) Allowance of Credit.--With respect to each qualifying foster
child of an eligible taxpayer, for each calendar month occurring during
the taxable year that such child resides in the home of such taxpayer,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to \1/12\ of the amount
determined under subsection (b).
``(b) Amount Determined.--
``(1) In general.--The amount determined under this
subsection with respect to an eligible taxpayer and a taxable
year is--
``(A) $1,000, reduced by
``(B) $50 for each $1,000 (or fraction thereof) by
which the eligible taxpayer's modified adjusted gross
income exceeds the threshold amount.
For purposes of the preceding sentence, the term `modified
adjusted gross income' means adjusted gross income increased by
any amount excluded from gross income under section 911, 931,
or 933.
``(2) Threshold amount.--For purposes of paragraph (1), the
term `threshold amount' has the meaning given such term by
section 24(b)(2).
``(c) Qualifying Foster Child.--For purposes of this section, the
term `qualifying foster child' means an eligible foster child (within
the meaning of section 152(f)(1)(C)) of the eligible taxpayer--
``(1) who has not attained age 17,
``(2) who is a citizen, national, or resident of the United
States,
``(3) who resides in the home of the eligible taxpayer for
not less than 1 calendar month during the taxable year, and
``(4) with respect to whom the credit under section 24 is
not allowable to the eligible taxpayer or any other taxpayer
who would be an eligible taxpayer but for paragraph (3) of
subsection (d).
``(d) Eligible Taxpayer.--For purposes of this section, the term
`eligible taxpayer' means any taxpayer, except that--
``(1) no single household shall include more than 1
eligible taxpayer,
``(2) married individuals filing a joint return shall be
treated as 1 eligible taxpayer, and
``(3) in the case of individuals not described in paragraph
(2) who are members of the same household, only the taxpayer
with the highest adjusted gross income for the taxable year
shall be treated as an eligible taxpayer.
``(e) Calendar Month.--For purposes of this section, if a foster
child resides in the home of the taxpayer for more than 15 consecutive
days of a calendar month but fewer than the total number of days in
such calendar month, such foster child shall be treated as residing in
the home of the taxpayer for the full calendar month.
``(f) Portion of Credit Refundable.--
``(1) In general.--The aggregate credits allowed to a
taxpayer under subpart C shall be increased by the lesser of--
``(A) the credit which would be allowed under this
section without regard to this subsection and the
limitation under section 26(a) (determined after any
reduction of the credit under section 24(a) by reason
of section 24(d)), or
``(B) the amount by which the aggregate amount of
credits allowed by this subpart (determined without
regard to this subsection, and after any reduction of
the credit under section 24(a) by reason of section
24(d)) would increase if the limitation imposed by
section 26(a) were increased by the greater of--
``(i) 15 percent of so much of the
taxpayer's earned income (within the meaning of
section 32) which is taken into account in
computing taxable income for the taxable year
as exceeds $10,000, or
``(ii) in the case of a taxpayer with 3 or
more qualifying foster children residing in the
home of the taxpayer for all months in the
taxable year (without regard to whether the
same 3 children reside in the home of the
taxpayer for all such months), the excess (if
any) of--
``(I) the taxpayer's social
security taxes for the taxable year,
over
``(II) the credit allowed under
section 32 for the taxable year.
The amount of the credit allowed under this
subsection shall not be treated as a credit
allowed under this subpart and shall reduce the
amount of credit otherwise allowable under
subsection (a) without regard to section 26(a).
For purposes of subparagraph (B), any amount
excluded from gross income by reason of section
112 shall be treated as earned income which is
taken into account in computing taxable income
for the taxable year.
``(2) Social security taxes.--For purposes of paragraph
(1), the term `social security taxes' has the same meaning as
when used in section 24(d)(1).
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2001, the $10,000
amount contained in paragraph (1)(B)(i) shall be adjusted in
the same manner as the $10,000 amount under section 24(d)(1)(B)
is adjusted under section 24(d)(3).
``(g) Identification Requirement.--No credit shall be allowed under
this section to an eligible taxpayer with respect to any qualifying
foster child unless the taxpayer includes the name and taxpayer
identification number of such qualifying foster child on the return of
tax for the taxable year.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Foster care tax credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to calendar months beginning after December 31, 2013, in taxable
years beginning after such date.
(d) Education.--The Secretary of Health and Human Services (or the
Secretary's delegate), in coordination with the Secretary of the
Treasury or such Secretary's delegate, shall identify provisions in the
Internal Revenue Code of 1986 that can be used by or can benefit foster
families, and shall increase outreach efforts to provide information
and educational materials regarding such provisions to State and Indian
tribal foster care agencies and to foster families. | Foster Care Tax Credit Act - Amends the Internal Revenue Code to allow a partially refundable tax credit for each qualifying foster child who resides in the home of an eligible taxpayer for at least one calendar month during the taxable year. Defines "qualifying foster child" as a child in foster care who has not attained age 17, who is a citizen, national, or resident of the United States, and with respect to whom the child tax credit is not allowable. Requires the name and taxpayer identification number of a foster child to be included on the taxpayer's tax return. Directs the Secretary of Health and Human Services (HHS) to identify provisions in the Internal Revenue Code that can benefit foster families and increase outreach efforts to inform state and Indian tribal foster care agencies and foster families about such provisions. | {"src": "billsum_train", "title": "Foster Care Tax Credit Act"} | 1,467 | 180 | 0.582436 | 1.541516 | 0.881957 | 3.619355 | 8.903226 | 0.870968 |
SECTION 1. FINDINGS.
The Congress finds that as the Nation approaches May 17, 2004,
marking the 50th anniversary of the Supreme Court decision in Oliver L.
Brown et al. v. Board of Education of Topeka, Kansas et al., it is
appropriate to establish a national commission to plan and coordinate
the commemoration of that anniversary.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Brown v.
Board of Education 50th Anniversary Commission'' (referred to in this
Act as the ``Commission'').
SEC. 3. DUTIES.
In order to commemorate the 50th anniversary of the Brown decision,
the Commission shall--
(1) in conjunction with the Department of Education, plan and
coordinate public education activities and initiatives, including
public lectures, writing contests, and public awareness campaigns,
through the Department of Education's ten regional offices; and
(2) in cooperation with the Brown Foundation for Educational
Equity, Excellence, and Research in Topeka, Kansas (referred to in
this Act as the ``Brown Foundation''), and such other public or
private entities as the Commission considers appropriate,
encourage, plan, develop, and coordinate observances of the
anniversary of the Brown decision.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed as
follows:
(1) Two representatives of the Department of Education
appointed by the Secretary of Education, one of whom shall serve as
one of two Co-chairpersons of the Commission.
(2) Two representatives of the Department of Justice appointed
by the Attorney General, one of whom shall serve as one of two Co-
chairpersons of the Commission.
(3) Eleven individuals appointed by the President after
receiving recommendations as follows:
(A)(i) The Members of the Senate from each State described
in clause (iii) shall each submit the name of one individual
from the State to the majority leader and minority leader of
the Senate.
(ii) After review of the submissions made under clause (i),
the majority leader of the Senate, in consultation with the
minority leader of the Senate, shall recommend to the President
five individuals, one from each of the States described in
clause (iii).
(iii) The States described in this clause are the States in
which the lawsuits decided by the Brown decision were
originally filed (Delaware, Kansas, South Carolina, and
Virginia), and the State of the first legal challenge involved
(Massachusetts).
(B)(i) The Members of the House of Representatives from
each State described in subparagraph (A)(iii) shall each submit
the name of one individual from the State to the Speaker of the
House of Representatives and the minority leader of the House
of Representatives.
(ii) After review of the submissions made under clause (i),
the Speaker of the House of Representatives, in consultation
with the minority leader of the House of Representatives, shall
recommend to the President five individuals, one from each of
the States described in subparagraph (A)(iii).
(C) The Delegate to the House of Representatives from the
District of Columbia shall recommend to the President one
individual from the District of Columbia.
(4) Two representatives of the judicial branch of the Federal
Government appointed by the Chief Justice of the United States
Supreme Court.
(5) Two representatives of the Brown Foundation.
(6) Two representatives of the NAACP Legal Defense and
Education Fund.
(7) One representative of the Brown v. Board of Education
National Historic Site.
(b) Terms.--Members of the Commission shall be appointed for the
life of the Commission.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
same manner as the original appointment.
(d) Compensation.--
(1) In general.--Members of the Commission shall serve without
pay.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in accordance
with applicable provisions under subchapter I of chapter 57 of
title 5, United States Code.
(e) Quorum.--A majority of members of the Commission shall
constitute a quorum.
(f) Meetings.--The Commission shall hold its first meeting not
later than 6 months after the date of the enactment of this Act. The
Commission shall subsequently meet at the call of a Co-chairperson or a
majority of its members.
(g) Executive Director and Staff.--The Commission may secure the
services of an executive director and staff personnel as it considers
appropriate.
SEC. 5. POWERS.
(a) Powers of Members and Agents.--Any member or agent of the
Commission may, if so authorized by the Commission, take any action
which the Commission is authorized to take under this Act.
(b) Gifts and Donations.--
(1) Authority to accept.--The Commission may accept and use
gifts or donations of money, property, or personal services.
(2) Disposition of property.--Any books, manuscripts,
miscellaneous printed matter, memorabilia, relics, or other
materials donated to the Commission which relate to the Brown
decision, shall, upon termination of the Commission--
(A) be deposited for preservation in the Brown Foundation
Collection at the Spencer Research Library at the University of
Kansas in Lawrence, Kansas; or
(B) be disposed of by the Commission in consultation with
the Librarian of Congress, and with the express consent of the
Brown Foundation and the Brown v. Board of Education National
Historic Site.
(c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 6. REPORTS.
(a) Interim Reports.--The Commission shall transmit interim reports
to the President and the Congress not later than December 31 of each
year. Each such report shall include a description of the activities of
the Commission during the year covered by the report, an accounting of
any funds received or expended by the Commission during such year, and
recommendations for any legislation or administrative action which the
Commission considers appropriate.
(b) Final Report.--The Commission shall transmit a final report to
the President and the Congress not later than December 31, 2004. Such
report shall include an accounting of any funds received or expended,
and the disposition of any other properties, not previously reported.
SEC. 7. TERMINATION.
(a) Date.--The Commission shall terminate on such date as the
Commission may determine, but not later than February 1, 2005.
(b) Disposition of Funds.--Any funds held by the Commission on the
date the Commission terminates shall be deposited in the general fund
of the Treasury.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $250,000 for the period
encompassing fiscal years 2003 and 2004 to carry out this Act, to
remain available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Establishes the Brown v. Board of Education 50th Anniversary Commission to commemorate the 50th anniversary of the Supreme Court decision in Oliver L. Brown et al. v. Board of Education of Topeka, Kansas et al.Authorizes appropriations. | {"src": "billsum_train", "title": "To establish a commission for the purpose of encouraging and providing for the commemoration of the 50th anniversary of the Supreme Court decision in Brown v. Board of Education."} | 1,532 | 63 | 0.544918 | 1.516686 | 0.691311 | 8.756098 | 34.95122 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Predominantly Black Institution Act
of 2006''.
SEC. 2. PREDOMINANTLY BLACK INSTITUTIONS.
Part A of title III of the Higher Education Act of 1965 (20 U.S.C.
1051 et seq.) is amended by inserting after section 317 (20 U.S.C.
1059d) the following new section:
``SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS.
``(a) Findings and Purpose.--
``(1) Findings.--The Congress finds that--
``(A) although Black Americans have made
significant progress in closing the `gap' between Black
and White enrollment in higher education--
``(i) Black Americans continue to trail
Whites in the percentage of the college-age
cohort who enroll and graduate from college;
``(ii) the college participation rate of
Whites was 46 percent from 2000-2002, while
that for Blacks was only 39 percent; and
``(iii) the gap between White and Black
baccalaureate degree attainment rates also
remains high, continuing to exceed 10 percent;
``(B) a growing number of Black American students
are participating in higher education and are enrolled
at a growing number of urban and rural Predominantly
Black Institutions that have included in their mission
the provision of academic training and education for
both traditional and non-traditional minority students;
``(C) the overwhelming majority of students
attending Predominantly Black Institutions come from
low- and middle-income families and qualify for
participation in the Federal student assistance
programs or other need-based Federal programs; and
recent data from the National Postsecondary Student Aid
Study indicate that 47 percent of Pell grant recipients
were Black compared to only 21 percent of Whites;
``(D) many of these students are also `first
generation' college students who lack the appropriate
academic preparation for success in college and whose
parents lack the ordinary knowledge and information
regarding financing a college education;
``(E) there is a particular national need to aid
institutions of higher education that have become
Predominantly Black Institutions by virtue of the fact
that they have expanded opportunities for Black
American and other minority students;
``(F) Predominantly Black Institutions fulfill a
unique mission and represent a vital component of the
American higher education landscape, far beyond that
which was initially envisioned;
``(G) Predominantly Black Institutions serve the
cultural and social advancement of low-income, Black
American and other minority students and are a
significant access point for these students to higher
education and the opportunities offered by American
society;
``(H) the concentration of these students in a
limited number of two-year and four-year Predominantly
Black Institutions and their desire to secure a degree
to prepare them for a successful career places special
burdens on those institutions who attract, retain, and
graduate these students; and
``(I) financial assistance to establish or
strengthen the physical plants, financial management,
academic resources, and endowments of the Predominantly
Black Institutions are appropriate methods to enhance
these institutions and facilitate a decrease in
reliance on governmental financial support and to
encourage reliance on endowments and private sources.
``(2) Purpose.--It is the purpose of this section to assist
Predominantly Black Institutions in expanding educational
opportunity through a program of Federal assistance.
``(b) Definitions.--For purposes of this section:
``(1) Predominantly black institution.--The term
`Predominantly Black Institution' means an institution of
higher education--
``(A) that is an eligible institution (as defined
in paragraph (5)(A) of this subsection) with a minimum
of 1,000 undergraduate students;
``(B) at which at least 50 percent of the
undergraduate students enrolled at the institution are
low-income individuals or first-generation college
students (as that term is defined in section 402A(g));
and
``(C) at which at least 50 percent of the
undergraduate students are enrolled in an educational
program leading to a bachelor's or associate's degree
that the institution is licensed to award by the State
in which it is located.
``(2) Low-income individual.--The term `low-income
individual' has the meaning given such term in section 402A(g).
``(3) Means-tested federal benefit program.--The term
`means-tested Federal benefit program' means a program of the
Federal Government, other than a program under title IV, in
which eligibility for the programs' benefits, or the amount of
such benefits, or both, are determined on the basis of income
or resources of the individual or family seeking the benefit.
``(4) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(5) Other definitions.--For purposes of this section, the
terms defined by section 312 have the meanings provided by that
section, except as follows:
``(A) Eligible institution.--
``(i) The term `eligible institution' means
an institution of higher education that--
``(I) has an enrollment of needy
undergraduate students as required and
defined by subparagraph (B);
``(II) except as provided in
section 392(b), the average educational
and general expenditure of which are
low, per full-time equivalent
undergraduate student in comparison
with the average educational and
general expenditure per full-time
equivalent undergraduate student of
institutions that offer similar
instruction;
``(III) has an enrollment of
undergraduate students that is at least
40 percent Black American students;
``(IV) is legally authorized to
provide, and provides within the State,
an educational program for which the
institution awards a bachelors degree,
or in the case of a junior or community
college, an associate's degree; and
``(V) is accredited by a nationally
recognized accrediting agency or
association determined by the Secretary
to be a reliable authority as to the
quality of training offered, or is,
according to such an agency or
association, making reasonable progress
toward accreditation.
``(ii) For purposes of the determination of
whether an institution is an eligible
institution under this subparagraph, the factor
described under clause (i)(I) shall be given
twice the weight of the factor described under
clause (i)(III).
``(B) Enrollment of needy students.--The term
`enrollment of needy students' means the enrollment at
an eligible institution with respect to which at least
50 percent of the undergraduate students enrolled in an
academic program leading to a degree--
``(i) in the second fiscal year preceding
the fiscal year for which the determination is
made, were Pell Grant recipients in such year;
``(ii) come from families that receive
benefits under a means-tested Federal benefits
program (as defined in subsection (b)(3));
``(iii) attended a public or nonprofit
private secondary school which is in the school
district of a local educational agency which
was eligible for assistance pursuant to title I
of the Elementary and Secondary Education Act
of 1965 in any year during which the student
attended that secondary school, and which for
the purpose of this paragraph and for that year
was determined by the Secretary (pursuant to
regulations and after consultation with the
State educational agency of the State in which
the school is located) to be a school in which
the enrollment of children counted under
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 exceeds 30
percent of the total enrollment of that school;
or
``(iv) are `first-generation college
students' as that term is defined in section
402A(g), and a majority of such first-
generation college students are low-income
individuals.
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded
pursuant to subsection (d) shall be used by Predominantly Black
Institutions--
``(A) to assist the institution to plan, develop,
undertake, and implement programs to enhance the
institution's capacity to serve more low- and middle-
income Black American students;
``(B) to expand higher education opportunities for
title IV eligible students by encouraging college
preparation and student persistence in secondary and
postsecondary education; and
``(C) to strengthen the institution's financial
ability to serve the academic needs of the students
described in subparagraphs (A) and (B).
``(2) Authorized activities.--Grants made to an institution
under subsection (d) shall be used for one or more of the
following activities:
``(A) The activities described in section 311(a)(1)
through (11).
``(B) Academic instruction in disciplines in which
Black Americans are underrepresented.
``(C) Establishing or enhancing a program of
teacher education designed to qualify students to teach
in a public elementary or secondary school in the State
that shall include, as part of such program,
preparation for teacher certification.
``(D) Establishing community outreach programs
which will encourage elementary and secondary students
to develop the academic skills and the interest to
pursue postsecondary education.
``(E) Other activities proposed in the application
submitted pursuant to subsection (e) that--
``(i) contribute to carrying out the
purposes of this section; and
``(ii) are approved by the Secretary as
part of the review and acceptance of such
application.
``(3) Endowment fund.--
``(A) In general.--A Predominantly Black
Institution may use not more than 20 percent of the
grant funds provided under this section to establish or
increase an endowment fund at the institution.
``(B) Matching requirement.--In order to be
eligible to use grant funds in accordance with
subparagraph (A), the Predominantly Black Institution
shall provide matching funds from non-Federal sources,
in an amount equal to or greater than the Federal funds
used in accordance with subparagraph (A), for the
establishment or increase of the endowment fund.
``(C) Comparability.--The provisions of part C
regarding the establishment or increase of an endowment
fund, that the Secretary determines are not
inconsistent with this subsection, shall apply to funds
used under subparagraph (A).
``(4) Limitation.--Not more than 50 percent of the
allotment of any Predominantly Black Institution may be
available for the purpose of constructing or maintaining a
classroom, library, laboratory, or other instructional
facility.
``(d) Allotments to Predominantly Black Institutions.--
``(1) Allotment: pell grant basis.--From the amounts
appropriated to carry out this section for any fiscal year, the
Secretary shall allot to each Predominantly Black Institution a
sum which bears the same ratio to one-half that amount as the
number of Pell Grant recipients in attendance at such
institution at the end of the academic year preceding the
beginning of that fiscal year bears to the total number of Pell
Grant recipients at all institutions eligible under this
section.
``(2) Allotment: graduates basis.--From the amounts
appropriated to carry out this section for any fiscal year, the
Secretary shall allot to each Predominantly Black Institution a
sum which bears the same ratio to one-fourth that amount as the
number of graduates for such school year at such institution
bears to the total number of graduates for such school year at
all intuitions eligible under this section.
``(3) Allotment: graduates seeking a higher degree basis.--
From the amounts appropriated to carry out this section for any
fiscal year, the Secretary shall allot to each Predominantly
Black Institution a sum which bears the same ratio to one-
fourth of that amount as the percentage of graduates per
institution who are admitted to and in attendance at, within 2
years of graduation with an associates degree or a
baccalaureate degree, either a baccalaureate degree-granting
institution or a graduate or professional school in a degree
program in disciplines in which Black American students are
underrepresented, bears to the percentage of such graduates per
institution for all eligible institutions.
``(4) Minimum allotment.--(A) Notwithstanding paragraphs
(1), (2), and (3), the amount allotted to each Predominantly
Black Institution under this section shall not be less than
$250,000.
``(B) If the amount appropriated pursuant to section 399
for any fiscal year is not sufficient to pay the minimum
allotment, the amount of such minimum allotment shall be
ratably reduced. If additional sums become available for such
fiscal year, such reduced allocation shall be increased on the
same basis as it was reduced until the amount allotted equals
the minimum allotment required by subparagraph (A).
``(5) Reallotment.--The amount of a Predominantly Black
Institution's allotment under paragraph (1), (2), (3), or (4)
for any fiscal year, which the Secretary determines will not be
required for such institution for the period such allotment is
available, shall be available for reallotment to other
Predominantly Black Institutions in proportion to the original
allotment to such other institutions under this section for
such fiscal year. The Secretary shall reallot such amounts from
time to time, on such date and during such period as the
Secretary deems appropriate.
``(e) Applications.--No Predominantly Black Institution shall be
entitled to its allotment of Federal funds for any grant under
subsection (d) for any period unless the institution submits an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary may
reasonably require.
``(f) Application Review Process.--Section 393 shall not apply to
applications under this section.
``(g) Prohibition.--No Predominantly Black Institution that applies
for and receives a grant under this section may apply for or receive
funds under any other program under this part or part B of this title.
``(h) Duration and Carryover.--Any funds paid to a Predominantly
Black Institution under this section and not expended or used for the
purposes for which the funds were paid within 10 years following the
date of the grant awarded to such institution under this section shall
be repaid to the Treasury of the United States.''. | Predominantly Black Institution Act of 2006 - Amends the Higher Education Act of 1965 to provide grants to Predominantly Black Institutions to: (1) enhance their capacity to serve more low and middle-income Black American students; (2) expand higher education opportunities for students eligible for student assistance under title IV of the Act by encouraging such students to prepare for college and persist in secondary and postsecondary education; and (3) strengthen their financial ability to serve the academic needs of such students.
Defines such institutions as accredited institutions: (1) serving at least 1,000 undergraduate students, at least 50% of which are pursuing a bachelor's or associate's degree; (2) serving an undergraduate population at least 40% of which are Black Americans and at least 50% of which are low-income or first-generation college students; and (3) whose spending per full-time undergraduate student is low in comparison to that of institutions offering similar instruction.
Allows grant recipients to use up to 20% of their grant on an endowment fund, provided they raise nonfederal matching funds at least equal to the amount of the grant used for such endowment. Allots funding among institutions on the basis of their share of Pell Grant recipients, graduates, and graduates pursuing a higher degree.
Establishes a minimum allotment for each institution of $250,000, which is to be ratably reduced if appropriations are insufficient to pay such amount. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to authorize grant programs to enhance the access of low-income Black students to higher education."} | 3,213 | 302 | 0.553277 | 1.644258 | 0.828399 | 2.474453 | 10.806569 | 0.905109 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VA Construction Assistance Act of
2014''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) According to testimony by the Director of Physical
Infrastructure of the General Accountability Office before the
Committee on Veterans' Affairs of the House of Representatives
in May 2013, schedule delays of major medical center
construction projects of the Department of Veterans Affairs
have averaged 35 months, with the delays ranging from 14 months
to 74 months.
(2) The average cost increase attributed to such delays has
been $336,000,000 per project.
(3) Management of the major medical facility projects
currently underway as of the date of the enactment of this Act
in Denver, Colorado, Orlando, Florida, and New Orleans,
Louisiana, should be subject to the oversight of a special
project manager of the Army Corps of Engineers that is
independent of the Department of Veterans Affairs because,
according to the Comptroller General of the United States, such
projects have experienced continuous delays and a total cost
increase of nearly $1,000,000,000.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the management of the major medical center construction
projects of the Department of Veterans Affairs has been an
abysmal failure; and
(2) in order to minimize repeated delays and cost increases
to such projects, the Secretary of Veterans Affairs should
fully implement all recommendations made by the Comptroller
General of the United States in an April 2013 report to improve
construction procedures and practices of the Department.
SEC. 3. IMPLEMENTATION OF MAJOR MEDICAL FACILITY CONSTRUCTION REFORMS.
Section 8104 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(i)(1) With respect to each project described in paragraph (2),
the Secretary shall--
``(A) use the services of a medical equipment planner as
part of the architectural and engineering firm for the project;
``(B) develop and use a project management plan to ensure
clear and consistent communication among all parties;
``(C) subject the project to construction peer excellence
review;
``(D) develop--
``(i) a metrics program to enable the monitoring of
change-order processing time; and
``(ii) goals for the change-order process
consistent with the best practices of other departments
and agencies of the Federal Government; and
``(E) to the extent practicable, use design-build processes
to minimize multiple change orders.
``(2) A project described in this paragraph is a construction or
alteration project that is a major medical facility project.''.
SEC. 4. SPECIAL PROJECT MANAGER FOR CERTAIN MEDICAL CENTER CONSTRUCTION
PROJECTS.
(a) Appointment of Special Project Manager.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall enter into an agreement with the Army Corps of
Engineers to procure, on a reimbursable basis, the services of the Army
Corps of Engineers with respect to appointing not less than one special
project manager who has experience in managing construction projects
that exceed $60,000,000 to oversee covered projects until the date on
which the project is completed.
(b) Duties.--A special project manager appointed under subsection
(a) to oversee a covered project shall--
(1) conduct oversight of all construction-related
operations at the project, including with respect to--
(A) the performance of the Department of Veterans
Affairs involving the prime contractors; and
(B) the compliance of the Department with the
Federal Acquisition Regulation, including the VA
Acquisition Regulation;
(2) advise and assist the Department in any construction-
related activity at the project, including the approval of
change-order requests for the purpose of achieving a timely
completion of the project; and
(3) conduct independent technical reviews and recommend to
the Department best construction practices to improve
operations for the project.
(c) Plans and Report.--
(1) Completion plans.--Not later than 90 days after being
appointed under subsection (a), a special project manager shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate detailed plans of the covered
project for which the special project manager is so appointed.
(2) Progress reports.--Not later than 180 days after being
appointed under subsection (a), and each 180-day period
thereafter until the date on which the covered project is
completed, a special project manager shall submit to the
Committees on Veterans' Affairs of the House of Representatives
and the Senate a report detailing the progress of the covered
project for which the special project manager is so appointed.
Each report shall include--
(A) an analysis of all advice and assistance
provided to the Department under subsection (b);
(B) an analysis of all changes ordered by the
Department with respect to the project, or claimed to
have been made by contract between the Department and
the prime contractor, including the extent to which
such changes comply with the Federal Acquisition
Regulation, including the VA Acquisition Regulation;
(C) an analysis of the communication and working
relationship between the Department and the prime
contractor, including any recommendations made by the
prime contractor to aid in the completion of the
project; and
(D) identification of opportunities and
recommendations with respect to improving the operation
of any construction-related activity to reduce costs or
complete the project in a more timely manner.
(d) Cooperation.--
(1) Information.--The Secretary of Veterans Affairs shall
provide a special project manager appointed under subsection
(a) with any necessary documents or information necessary for
the special project manager to carry out subsections (b) and
(c).
(2) Assistance.--Upon request by the special project
manager, the Secretary shall provide to the special project
manager administrative assistance necessary for the special
project manager to carry out subsections (b) and (c).
(e) Covered Projects Defined.--In this section, the term ``covered
projects'' means each construction project that is a major medical
facility project (as defined in section 8104(a)(3)(A) of title 38,
United States Code) that--
(1) was the subject of a report by the Comptroller General
of the United States titled ``Additional Actions Needed to
Decrease Delays and Lower Costs of Major Medical-Facility
Projects'', numbered GAO-13-302, and published in April 2013;
and
(2) has not been activated to accept patients as of the
date of the enactment of this Act.
SEC. 5. PROHIBITION ON NEW APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act and the amendments made by this Act, and this Act and such
amendments shall be carried out using amounts otherwise made available
for such purposes.
Passed the House of Representatives September 16, 2014.
Attest:
KAREN L. HAAS,
Clerk. | VA Construction Assistance Act of 2014 - (Sec. 2) Expresses the sense of Congress that: (1) the management of the major medical center construction projects of the Department of Veterans Affairs (VA) has been an abysmal failure; and (2) the Secretary of Veterans Affairs should fully implement all recommendations made by the Comptroller General in an April 2013 report to improve VA construction procedures. (Sec. 3) Requires the Secretary, for any construction or alteration project that is a major medical facility project, to: (1) use the services of a medical equipment planner as part of the architectural and engineering firm for the project, (2) develop and use a project management plan to ensure clear and consistent communication among all parties, (3) subject the project to construction peer excellence review, (4) develop a metrics program to enable the monitoring of change-order processing time and goals for the change-order process consistent with the best practices of other federal agencies, and (5) use design-build processes to minimize multiple change orders. (Sec. 4) Directs the Secretary to procure the services of the Army Corps of Engineers with respect to appointing not less than one special project manager who has experience in managing construction projects that exceed $60 million to oversee such covered projects until completion. Requires a special project manager to submit to specified congressional committees detailed plans of a covered project and progress reports, which shall include an analysis of all changes ordered by the VA and recommendations for improving the operation of any construction-related activity to reduce costs or complete the project in a more timely manner. Defines "covered projects" to mean each construction project that is a major medical facility project that: (1) was the subject of a report by the Comptroller General (GAO) titled "Additional Actions Needed to Decrease Delays and Lower Costs of Major Medical-Facility Projects," published in April 2013; and (2) has not been activated to accept patients as of this Act's enactment. (Sec. 5) Prohibits additional funds from being authorized to be appropriated to carry out this Act. | {"src": "billsum_train", "title": "VA Construction Assistance Act of 2014"} | 1,508 | 472 | 0.720851 | 2.6262 | 0.869963 | 5.745721 | 3.540342 | 0.948655 |
SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This Act may be cited as the ``America Rx Act of
2005''.
(b) Findings.--Congress finds the following:
(1) Affordability is critical in providing access to
prescription drugs for residents of the United States.
(2) It is not the intention of the Congress to discourage
employers and health insurers from providing coverage for
prescription drugs, including discounts for the purchase of
those drugs.
(c) Purpose.--The purpose of this Act is to establish an America Rx
program that utilizes manufacturer rebates and pharmacy discounts to
reduce prescription drug prices to those residents who are without
access to discounted prices for outpatient prescription drugs.
SEC. 2. ESTABLISHMENT OF AMERICA RX PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary of Health and Human Services
shall establish a program (in this section referred to as the
``America Rx program'') consistent with the provisions of this
section to provide qualified residents with access to
discounted prices for outpatient prescription drugs.
(2) Principles.--The Secretary shall design and execute the
America Rx program in a manner consistent with the following
principles:
(A) Medicaid beneficiaries and other low-income
individuals, as well as senior citizens and the
disabled, are not hurt or disadvantaged as a result of
the program's implementation.
(B) Pharmacies participating are ensured reasonable
and timely payment of discounts they provide to
qualified residents under the program.
(C) The Federal Government will fully reimburse
States for reasonable costs they incur in carrying out
the program.
(D) Individuals who apply for benefits under the
program are screened for eligibility under the medicaid
program and other applicable Governmental health care
programs and, if found eligible, are enrolled in such
program or programs.
(E) The Secretary provides for--
(i) outreach efforts to build public
awareness of the program and maximize
enrollment of qualified residents; and
(ii) simplified eligibility procedures and
uniform eligibility standards for qualified
residents.
(3) Qualified resident defined.--For purposes of this
section, the term ``qualified resident'' means an individual
who--
(A) a citizen or national of the United States (or
an alien lawful residing permanently in the United
States); and
(B) as determined under regulations of the
Secretary, is not covered under any public or private
program that provides substantial benefits (which may
be discounted prices) towards the purchase of
outpatient prescription drugs.
(b) Rebate Agreements With Manufacturers.--
(1) In general.--Under the America Rx program the Secretary
shall negotiate with manufacturers of outpatient prescription
drugs rebate agreements with respect to drugs offered under the
program to qualified residents.
(2) Minimum amount of rebates.--In negotiating the amount
of such a rebate under paragraph (1), the Secretary shall take
into consideration the amount of the rebate calculated under
the medicaid program, the average manufacturer price of
prescription drugs, and other information on prescription drug
prices and price discounts. The Secretary shall negotiate the
amount of such rebates in a manner so that the rebates on
average are comparable to the average percentage rebate
obtained in outpatient prescription drugs provided under
section 1927(c) of the Social Security Act (42 U.S.C. 1396r-
8(c)).
(3) Payment.--Such rebates shall be payable to the
Secretary according to a schedule (not less often than
quarterly) negotiated with manufacturers and shall be paid,
directly or through States, to participating pharmacies that
provide discounts to qualified residents.
(4) Incentive.--In order to induce manufacturers of
outpatient prescription drugs to enter into such rebate
agreements, the Secretary shall, in a manner consistent with
the design principle specified in subsection (a)(2), provide,
in the case of a manufacturer that has not entered into such an
agreement, for a denial of a deduction under chapter 1 of the
Internal Revenue Code of 1986 for the amount of expenses of the
manufacturer for advertising and marketing of drugs of the
manufacturer, other than expenses for free samples of drugs
subject to section 503(b)(1) of the Federal Food Drug, and
Cosmetic Act intended to be distributed to patients.
(5) Application of rebates.--Amounts received by the
Secretary as rebates under this subsection shall be placed into
an appropriate account in the Treasury and shall be available
in advance of appropriations to the Secretary for the payment
of discounts and other costs of participating pharmacies in
carrying out the America Rx program and for the payment of
administrative costs in carrying out the program.
(c) Arrangements With Participating Pharmacies.--
(1) In general.--Under the America Rx program arrangements
are made with pharmacies for the provision of prescription
drugs at discounted prices to qualified residents in a
reasonably accessible manner. Such arrangements shall provide
that--
(A) each participating pharmacy shall--
(i) provide discounts on prices for
outpatient prescription drugs for qualified
residents in return for prompt reimbursement of
the amount of such discounts and a reasonable
dispensing fee;
(ii) not charge qualified residents more
(before such discounts) for outpatient
prescription drugs than the amount that
individuals who are not qualified residents are
charged for such drugs; and
(iii) report to the Secretary (or the
Secretary's designee) information regarding the
discounts provided and fees incurred; and
(B) the program shall--
(i) reimburse a participating retail
pharmacy on a prompt basis (no less promptly
than as provided under the medicare program)
for discounted prices provided to qualified
residents under the program and for reasonable
dispensing fees; and
(ii) not impose any additional fees on such
pharmacies in connection with participation in
the program.
(2) Discounted prices.--The amount of the discount provided
to enrolled qualifying residents shall reflect the amount of
rebates obtained, reduced by expenses relating to
administrative costs of the Federal and State governments and
of participating pharmacies. The Secretary shall specify the
method for computing and applying discounts, including a method
for computing and applying discounts on a uniform, average
percentage basis.
(d) Administration.--
(1) In general.--Under the America Rx program the Secretary
may enter into appropriate arrangements with States under which
States provide for the administration of the program in return
for payment of the reasonable administrative expenses
associated with such administration.
(2) Administrative functions.--Such administration
functions may include--
(A) determinations of eligibility of qualified
residents;
(B) arrangements with participating pharmacies; and
(C) such other functions as the Secretary
determines appropriate.
(3) Contractual authority.--In carrying out
responsibilities under this section, the Secretary and States
may enter into agreements with pharmacy benefit managers and
other third parties.
(e) Definitions.--For purposes of this section:
(1) The term ``manufacturer'' has the meaning given such
term in section 1927(k)(5) of the Social Security Act (42
U.S.C. 1396r-8(k)(5)).
(2) The term ``medicaid program'' means a State program
under title XIX of the Social Security Act, including such a
program operating under a Statewide waiver under section 1115
of such Act.
(3) The term ``outpatient prescription drug'' has the
meaning given the term ``covered outpatient drug'' in section
1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-
8(k)(2)).
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(5) The term ``State'' has the meaning given such term for
purposes of title XIX of the Social Security Act. | America Rx Act of 2005 - Directs the Secretary of Health and Human Services to establish the America Rx program to provide U.S. residents who are not covered under any public or private program that provides substantial benefits towards the purchase of outpatient prescription drugs with access to discounted prices for such drugs.
Requires the Secretary to negotiate rebate agreements with drug manufacturers and deny tax deductions for advertising and marketing of drugs of manufacturers choosing not to participate in the program.
Provides for arrangements under the program: (1) for pharmacies to provide qualified residents prescription drugs at discounted prices in exchange for discount reimbursement by the Secretary and reasonable dispensing fees; and (2) for States to provide for program administration in return for payment of reasonable administrative expenses. | {"src": "billsum_train", "title": "To establish an America Rx program to establish fairer pricing for prescription drugs for individuals without access to prescription drugs at discounted prices."} | 1,665 | 152 | 0.648536 | 1.852797 | 0.739425 | 2.892857 | 11.114286 | 0.935714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student and Student Athlete Opioid
Misuse Prevention Act''.
SEC. 2. GRANTS FOR OPIOID MISUSE PREVENTION.
Part A of title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.) is amended by adding at the end the following:
``SEC. 506B. GRANTS FOR STUDENT AND STUDENT ATHLETE OPIOID MISUSE
PREVENTION.
``(a) Authority.--The Assistant Secretary, in consultation with the
Secretary of Education, may make grants to, and enter into contracts
and cooperative agreements with, public and nonprofit private entities,
including States and drug-free community coalitions, to enable such
entities--
``(1) to carry out school-based programs concerning the
dangers of the misuse of and addiction to prescription opioids,
related drugs, and other prescribed drugs commonly used in pain
management or injury recovery, including initiatives that give
students the responsibility to create their own anti-drug abuse
education programs for their schools;
``(2) to carry out community-based misuse and addiction
prevention programs relating to prescription opioids, related
drugs, and other prescription drugs commonly used in pain
management or injury recovery, including youth sports
organizations; and
``(3) to carry out school, collegiate, and community-based
engagement of youth, high school, or collegiate athletic and
recreation programs and associations concerning the dangers of
the misuse of and addiction to prescription opioids, related
drugs, and other prescription drugs commonly used in pain
management or injury recovery, including initiatives that give
student athletes the responsibility to create their own anti-
drug abuse education programs for their schools.
``(b) Use of Funds.--Amounts made available under a grant,
contract, or cooperative agreement under subsection (a) shall be used
for planning, establishing, or administering prevention programs
relating to prescription opioid, related drugs, and other drugs
commonly used in pain management or injury recovery.
``(c) Use of Funds.--Amounts provided to an entity under this
section may be used--
``(1) to carry out school-based programs that are focused
on school districts with high or increasing rates of misuse of
and addiction to prescription and nonprescription opioids, and
targeted at populations that are most at risk to start misusing
such drugs;
``(2) to carry out community-based prevention programs that
are focused on populations within the community that are most
at risk for misuse of and addiction to prescription and
nonprescription opioids;
``(3) to carry out school-based prevention programs that
are focused on student athletes and the risk of misuse of and
addiction to prescription and nonprescription opioids as part
of injury recovery and pain management;
``(4) to carry out community-based programs that are
focused on youth athletes and the risk of misuse of and
addiction to prescription and nonprescription opioids as part
of injury recovery and pain management;
``(5) to carry out collegiate-based programs that are
focused on collegiate athletes, including club sports and
recreation sports, and the risk for misuse of and addiction to
prescription and nonprescription opioids as part of injury
recovery and pain management;
``(6) to assist local government entities to conduct
appropriate prevention activities relating to youth and the
risk for misuse of and addiction to prescription and
nonprescription opioids as part of injury recovery and pain
management; and
``(7) to train and educate State and local officials; youth
athletics organizers and coaches; school administrators,
teachers, athletic directors, coaches, and athletic trainers;
collegiate administrators, athletic directors, directors of
campus recreation, coaches, athletic trainers, and campus-based
medical providers, on the signs of misuse of prescription and
nonprescription opioids and the options for treatment and
prevention of such misuse.
``(d) Allocation and Report.--
``(1) Prevention program allocation.--Not more than
$500,000 of the amount appropriated in each fiscal year to
carry out this section shall be made available to the Assistant
Secretary, acting in consultation with other Federal agencies,
to support and conduct periodic analyses and evaluations of
effective prevention programs for misuse of and addiction to
opioids, related drugs, and other drugs commonly used for pain
management and the development of appropriate strategies for
disseminating information about and implementing such programs.
``(2) Report.--The Assistant Secretary shall annually
prepare and submit to the Committee on Health, Education,
Labor, and Pensions, the Committee on the Judiciary, and the
Committee on Appropriations of the Senate, and the Committee on
Energy and Commerce, the Committee on the Judiciary, and the
Committee on Appropriations of the House of Representatives, a
report on the prevention programs and development of strategies
described in paragraph (1), containing, as appropriate, the
results of the analyses and evaluations conducted under
paragraph (1).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $10,000,000 for fiscal year 2018; and
``(2) such sums as may be necessary for each succeeding
fiscal year.''. | Student and Student Athlete Opioid Misuse Prevention Act This bill amends the Public Health Service Act to authorize the Substance Abuse and Mental Health Services Administration (SAMHSA) to support programs for schools, athletic programs, or communities to prevent prescription drug misuse and addiction related to opioids and other medications for pain or injury recovery. SAMHSA must report annually on federal programs to prevent pain medication misuse and addiction. | {"src": "billsum_train", "title": "Student and Student Athlete Opioid Misuse Prevention Act"} | 1,115 | 91 | 0.586544 | 1.389145 | 0.660663 | 1.986486 | 14.445946 | 0.797297 |
SECTION 1. CONSUMER RENEWABLE CREDIT.
(a) Business Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. CONSUMER RENEWABLE CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the consumer renewable credit for any taxable year
is an amount equal to the product of--
``(1) the renewable portfolio factor of such eligible
taxpayer, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such taxpayer, and
``(B) sold by such taxpayer to a retail customer
during the taxable year and before January 1, 2020.
``(b) Renewable Portfolio Factor.--The renewable portfolio factor
for an eligible taxpayer for any taxable year shall be determined in
accordance with the following table:
------------------------------------------------------------------------
The
renewable
``In the case of a renewable electricity percentage of: portfolio
factor is:
------------------------------------------------------------------------
Less than 6 percent........................................ zero cents
At least 6 percent but less than 8 percent................. 0.1 cents
At least 8 percent but less than 12 percent................ 0.2 cents
At least 12 percent but less than 16 percent............... 0.3 cents
At least 16 percent but less than 20 percent............... 0.4 cents
At least 20 percent but less than 24 percent............... 0.5 cents
Equal to or greater than 24 percent........................ 0.6 cents.
------------------------------------------------------------------------
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means an electric utility (as defined in section 3(22) of the
Federal Power Act, 16 U.S.C. 796(22)).
``(2) Renewable electricity.--The term `renewable
electricity' means electricity generated by--
``(A) any facility using wind to generate such
electricity, or
``(B) any facility using solar energy to generate
such electricity.
``(3) Renewable electricity percentage.--The term
`renewable electricity percentage' means, with respect to any
taxable year, the percentage of an eligible taxpayer's total
sales of electricity to retail customers that is derived from
renewable electricity (determined without regard to whether
such electricity was produced by the taxpayer).
``(4) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1), (3), and
(5) of section 45(e) shall apply.
``(5) Credit allowed only with respect to one eligible
entity.--No credit shall be allowed under subsection (a) with
respect to renewable electricity purchased from another
eligible entity if a credit has been allowed under this section
or a payment has been made under section 6433 to such other
eligible entity.
``(6) Credit and renewable electricity percentage
enhancement.--
``(A) Native american wind and solar.--Any
renewable electricity generated from a wind or solar
energy facility located on Indian land, as defined in
section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501), shall for purposes of this section be
considered as twice the electricity production as is
actually produced from such facility.
``(B) Electric cooperative wind and solar.--Any
renewable electricity generated from a wind or solar
energy facility owned entirely by a mutual or
cooperative electric company, as defined in section
501(c)(12), or section 1381(a)(2)(C), shall for
purposes of this section be considered as one and one-
half times the electricity production as is actually
produced from such facility.
``(d) Coordination With Payments.--The amount of the credit
determined under this section with respect to any electricity shall be
reduced to take into account any payment provided with respect to such
electricity solely by reason of the application of section 6433.''.
(2) Credit made part of general business credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``plus'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) the consumer renewable credit determined under
section 45S(a).''.
(3) Specified credit.--Subparagraph (B) of section 38(c)(4)
of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (v)
the following new clause:
``(vi) the credit determined under section
45S.''.
(4) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 45S. Consumer renewable credit.''.
(b) Payments in Lieu of Credit.--
(1) In general.--Subchapter B of chapter 65 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 6433. CONSUMER RENEWABLE CREDIT PAYMENTS.
``(a) In General.--If any eligible person sells renewable
electricity to a retail customer, the Secretary shall pay (without
interest) to any such person who elects to receive a payment an amount
equal to the product of--
``(1) the renewable portfolio factor of such eligible
person, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such person, and
``(B) sold by such person in the trade or business
of such person to a retail customer before January 1,
2020.
``(b) Timing of Payments.--
``(1) In general.--Except as provided in paragraph (2),
rules similar to the rules of section 6427(i)(1) shall apply
for purposes of this section.
``(2) Quarterly payments.--
``(A) In general.--If, at the close of any quarter
of the taxable year of any person (or fiscal year in
the case of an eligible person that does not have a
taxable year), at least $750 is payable in the
aggregate under subsection (a), to such person with
respect to electricity purchased or produced during--
``(i) such quarter, or
``(ii) any prior quarter (for which no
other claim has been filed) during such year,
a claim may be filed under this section with respect to
such electricity.
``(B) Time for filing claim.--No claim filed under
this paragraph shall be allowed unless filed on or
before the last day of the first quarter following the
earliest quarter included in the claim.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible person.--The term `eligible person' means an
electric utility (as defined in section 3(22) of the Federal
Power Act, 16 U.S.C. 796(22)) or a Federal power marketing
agency as defined in section 3(19) of the Federal Power Act.
``(2) Other definitions.--Any term used in this section
which is also used in section 45S shall have the meaning given
such term under section 45S.
``(3) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1) and (3)
of section 45(e) shall apply.
``(d) Payment Disallowed Unless Amount Passed to Third-Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the payment under subsection (a) that is purchased
and not produced by an eligible person, no payment shall be
made under this section unless any charge the eligible person
has assessed the seller to recover the integration costs
associated with such electricity has been reduced (but not
below zero) to the extent of the payment received under
subsection (a) associated with such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand-
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.
``(e) Payment Allowed for Special Generating and Transmitting
Entities.--
``(1) In general.--Notwithstanding subsection (a)(1)(B), an
entity that is a special generating and transmitting entity
shall be eligible for a payment under this section for
renewable electricity it transmits, regardless of whether such
utility purchased or sold such electricity for its customers.
``(2) Definitions.--For purposes of this subsection, the
term `special generating and transmitting entity' means--
``(A) an entity that is primarily engaged in
marketing electricity and--
``(i) provides transmission service for
over four thousand megawatts of renewable
generating facilities, as determined by
reference to the machine or nameplate capacity
thereof, and
``(ii) transmits the majority of its
renewable electricity transmitted to customers
located outside the region it serves, or
``(B) an entity that is a generation and
transmission cooperative, which engages primarily in
providing wholesale electric service to its members,
generally consisting of distribution cooperatives.''.
(2) Clerical amendment.--The table of sections for subpart
B of chapter 65 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
``Sec. 6433. Renewable electricity integration payments.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity sold to retail customers after the date of the
enactment of this Act. | Amends the Internal Revenue Code to: (1) allow a new business-related tax credit for sales by an electric utility, prior to January 1, 2020, of renewable electricity generated by a facility using wind or solar energy to a retail customer; and (2) allow payments to such utilities, in lieu of such tax credit, for sales of renewable electricity to retail customers prior to January 1, 2020. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a consumer renewable credit for utilities that sell intermittent renewable power."} | 2,285 | 81 | 0.48452 | 1.142743 | 0.692002 | 2.135802 | 25.283951 | 0.901235 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Billie Jean King, born Billie Jean Moffit, on November
22, 1943, in Long Beach, California, was the first child of
Betty (nee Jerman) and Bill Moffitt.
(2) Billie Jean demonstrated athletic prowess from a young
age. She was introduced to tennis at the age of 11, and soon
after, Billie Jean purchased her first tennis racket using
money she earned working various jobs in her neighborhood.
(3) After becoming involved with tennis, Billie Jean
observed inequities within the sport and realized she could use
tennis as a platform--if she became number one. From then on,
Billie Jean was determined to become a top athlete in her
sport.
(4) Billie Jean broke numerous barriers to become a number
one professional tennis player. She dominated women's tennis
with 39 Grand Slam singles, doubles, and mixed doubles titles,
including a record 20 championships at Wimbledon. She also was
a member of three World TeamTennis championship teams.
(5) After growing in prominence, Billie Jean used her
platform as a celebrity to fight for equal rights and
opportunities for equality for all genders in sports--and
society--in the United States.
(6) Billie Jean played an instrumental role in the passage
of Title IX, a law that mandates equal funding for women's and
men's sports programs in schools and colleges. This legislation
has unlocked a world of opportunities for girls and women in
education and sports.
(7) During Billie Jean's career, the pay difference between
prize money for men and women in tennis continued to expand. By
the early 1970s, the pay gap in prize money reached ratios of
as much as 12 to one. Fewer and fewer tournaments were hosting
women's events. Realizing that she would not have support from
mainstream tennis organizations, Billie Jean harnessed the
energy of the women's rights movement to create a women's
tennis tour that would elevate women's tennis and establish pay
equity within the sport. Along with eight other women tennis
players, Billie Jean risked it all and formed an independent
women's professional tennis circuit, the Virginia Slims
Tournament, and a player's union that would help achieve
greater equality in prize money and recognition for women in
sports.
(8) In 1971, Billie Jean became the first woman in sports
history to make $100,000 in earnings in a single year.
(9) In 1972, Billie Jean was also the first tennis player
to be named Sports Illustrated's Sportsperson of the Year and
the first woman to receive the honor.
(10) Billie Jean founded the Women's Tennis Association, a
successor to the Virginia Slims Series, and today's principal
governing body for women's professional tennis.
(11) Billie Jean helped found womenSports magazine and
founded the Women's Sports Foundation. Both have been at the
forefront of advancing women's voice in sports.
(12) In 1973, Billie Jean played a tennis match against
Bobby Riggs, a top-ranked player through the 1940s who sought
to undermine the credibility and prominence of women in sports.
Billie Jean defeated Riggs in what became a firm declaration of
women's role in sports and society.
(13) Billie Jean was one of the first women athletes to
identify as lesbian, and has courageously challenged negative
stereotypes and championed the visibility and inclusion of the
LGBT community.
(14) Billie Jean King was named one of the ``100 Most
Important Americans of the 20th Century'' by LIFE magazine.
(15) Billie Jean King is the recipient of the 1999 Arthur
Ashe Award for Courage.
(16) Billie Jean's excellence has earned her place in the
International Women's Sports Hall of Fame, the International
Tennis Hall of Fame, and the National Women's Hall of Fame.
(17) In 2006, the United States Tennis Association
recognized Billie Jean's immeasurable impact on the sport of
tennis by renaming the site of the US Open in her honor as the
USTA Billie Jean King National Tennis Center, which is located
in Flushing Meadows Corona Park in Queens, New York. This was
the first time a major sporting complex was named after a
woman.
(18) Billie Jean King has received honorary degrees from
colleges and universities across the Nation, including the
University of Pennsylvania, Dartmouth College, the University
of Massachusetts Amherst, and Northwestern University, amongst
others.
(19) Billie Jean's commitment and tireless advocacy to
expand women's tennis, created groundbreaking opportunities,
financial and otherwise, for women not only in tennis but
across women's sports. She has paved the way for others,
including today's famed tennis champion duo, sisters Venus and
Serena Williams.
(20) Billie Jean believes in changing hearts and minds, and
through her talent, tenacity, and advocacy she changed how
women are perceived worldwide.
(21) In 2009, Billie Jean was awarded the Presidential
Medal of Freedom, the Nation's highest civilian honor, by
President Barack Obama for her impactful work advocating for
the rights of women and the LGBT community. She was the first
female athlete to receive this honor.
(22) In 2014, Billie Jean King founded an inclusive
leadership non-profit organization to promote and transform
equality in the workplace worldwide. The Billie Jean King
Leadership Initiative aims to empower companies and individuals
to create inclusive work environments that celebrate and
promote diversity to increase representation, maximize our
efficiency, and tap into the unlimited potential of talent in
our world.
(23) Billie Jean King's extraordinary courage, leadership,
and activism helped propel the women's movement forward, and
open doors for countless Americans regardless of gender, race,
class or sexual orientation. On and off the court, Billie Jean
has served as an inspiration to millions of people the world
over. Few women and men have had a greater impact on their
sport and on our society than Billie Jean King.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of Congress,
of a gold medal of appropriate design, to Billie Jean King, in
recognition of her contribution to the Nation and her courageous and
groundbreaking leadership advancing equal rights for women and the LGBT
community in athletics, education, and our society.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury
(hereinafter in this Act referred to as the ``Secretary'') shall strike
a gold medal with suitable emblems, devices, and inscriptions to be
determined by the Secretary.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck pursuant to section 2 at a price sufficient to cover the cost of
the bronze medals (including labor, materials, dies, use of machinery,
and overhead expenses) and the cost of the gold medal.
SEC. 4. NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code. | This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal to Billie Jean King in recognition of her courageous and groundbreaking leadership advancing equal rights for women and the LGBT community in athletics, education, and our society. | {"src": "billsum_train", "title": "To award a Congressional Gold Medal to Billie Jean King, in recognition of her contribution to the Nation and her courageous and groundbreaking leadership advancing equal rights for women and the LGBT community in athletics, education, and our society."} | 1,611 | 89 | 0.379484 | 1.129017 | 0.612498 | 5.636364 | 27.363636 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Transaction Account
Act''.
SEC. 2. AFFORDABLE BANKING SERVICES.
(a) In General.--Except as otherwise provided in this section, each
insured depository institution shall make available to consumers a
consumer transaction account, to be known as an ``affordable
transaction account'', with the following features to be prescribed
jointly by the Federal banking agencies, by regulation:
(1) Initial deposit.--The maximum amount which an insured
depository institution may require as an initial deposit, if
any.
(2) Minimum balance.--The maximum amount an insured
depository institution may require as a minimum balance, if
any, to maintain such account.
(3) Minimum number of free withdrawals.--A minimum of 8
withdrawal transactions, including withdrawals by negotiable or
transferable instruments for the purpose of making payments to
third parties and electronic fund transfers, during any
periodic cycle at no additional charge to the account holder.
(4) Maximum monthly service charge.--The maximum amount an
insured depository institution may charge per periodic cycle
for the use of such account.
(b) Fees for Withdrawal Transactions in Excess of Minimum Number of
Free Withdrawals.--
(1) In general.--Subject to paragraph (2), in the case of
any affordable transaction account--
(A) an insured depository institution may impose a
reasonable per-transaction charge for any withdrawal
transaction described in subsection (a)(3) other than a
transaction required under such subsection to be
provided free; or
(B) the depository institution may impose the fees
and charges normally applied to other consumer
transaction accounts available at that depository
institution.
(2) Limitations.--
(A) Periodic cycle fee adjustment.--The amount of
any charge per periodic cycle imposed by an insured
depository institution on any affordable transaction
account pursuant to paragraph (1)(B) shall be reduced
by the charge imposed under subsection (a)(4).
(B) Maximum amount.--At no time shall the total
amount of fees and charges imposed by an insured
depository institution on any affordable transaction
account exceed the total amount of fees and charges
that is normally applied to other consumer transaction
accounts available at the depository institution.
(c) Conditions for Opening Any Affordable Transaction Account.--An
insured depository institution may require as a condition for opening
or maintaining any affordable transaction account that--
(1) the holder of the account be a resident of the State in
which the account is opened or maintained; and
(2) the deposits to the account of recurring payments such
as Social Security, wage, or pension payments be made by direct
deposit if that form of deposit is available to both the
consumer and the depository institution.
(d) Other Terms and Conditions.--
(1) In general.--Except as provided in this section and any
regulations prescribed under this section, any affordable
transaction account may be offered by an insured depository
institution subject to the same rules, conditions, and terms
normally applicable to other consumer transaction accounts
offered by the depository institution.
(2) Prohibition on discrimination against affordable
transaction account holders in providing other services.--The
amount of any fee or charge imposed on a holder of any
affordable transaction account by an insured depository
institution for specific services provided to such account
holder which are not directly related to the maintenance of
such account may not exceed the fee or charge imposed by the
depository institution for providing the same services in
connection with other consumer transaction accounts offered by
the depository institution.
(e) Affordable Transaction Accounts Not Required for Individuals
Who Maintain Other Transaction Accounts.--An insured depository
institution shall not be required to permit any person to open or
maintain an affordable transaction account pursuant to this section if
such person maintains another consumer transaction account either at
that depository institution or any other insured depository
institution.
(f) Alternative Arrangements.--In lieu of the affordable
transaction account required by this section, an insured depository
institution may make available an alternative form of account or other
banking services if the appropriate Federal banking agency determines
that such alternative form of account or services are at least as
advantageous to consumers as the affordable transaction account.
(g) Disclosure Requirements.--
(1) Posted notices.--If an insured depository institution
posts in the public area of any office of the institution a
notice of the availability of other consumer transaction
accounts, the depository institution shall also post equally
conspicuous notice in such public area and in the same manner
the availability of its affordable transaction accounts.
(2) Printed material.--If an insured depository institution
makes available in the public area of any office of the
institution printed material describing the terms of its other
consumer transaction accounts, the depository institution shall
also make comparable descriptive printed material concerning
the affordable transaction accounts available in the same such
area and in the same manner.
(h) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Consumer transaction account.--For purposes of this
section, the term ``consumer transaction account'' means a
demand deposit account, negotiable order of withdrawal account,
share draft account, or any similar transaction account used
primarily for personal, family or household purposes.
(2) Depository institution.--The term ``depository
institution'' has the same meaning has in section 19(b)(1)(A)
of the Federal Reserve Act.
(3) Federal banking agency.--The term ``Federal banking
agency''
(A) has the same meaning as in section 3(z) of the
Federal Deposit Insurance Act; and
(B) includes the National Credit Union
Administration Board.
(4) Insured depository institution.--The term ``insured
depository institution''--
(A) has the same meaning as in section 3(c)(2) of
the Federal Deposit Insurance Act; and
(B) includes an insured credit union (as defined in
section 101(7) of the Federal Credit Union Act.
(i) Compliance With More Stringent State Law.--If a depository
institution operates in a State the laws of which, including
regulations, require a depository institution operating in such State
to meet requirements for affordable transaction accounts which are more
advantageous to the consumer than the requirements of this section or
the regulations prescribed under this section, such depository
institution may not be treated as a qualified depository institution
for purposes of section 19(b)(12) of the Federal Reserve Act, unless
such depository institution meets the requirements of this section and
the requirements of such State law.
(j) Rule of Construction.--No provision of this section, title LXII
of the Revised Statutes of the United States, the Home Owners' Loan
Act, the Bank Enterprise Act of 1991, the Alternative Mortgage
Transaction Parity Act of 1982, or any other Federal law may be
construed as preempting, or providing any basis for the Comptroller of
the Currency or the Director of the Office of Thrift Supervision to
conclude that Federal law in any way preempts, the law of any State
which requires depository institution operating in that State to
provide affordable transaction accounts, including the Omnibus Consumer
Protection and Banking Deregulation Act of 1994 of the State of New
York and the New Jersey Consumer Checking Account Act (as in effect on
the date of the enactment of this Act). | Prohibits the imposition of fees upon such account holders which are discriminatory in nature. Authorizes alternative account arrangements.
Requires "affordable transaction accounts" to be posted upon the premises in the same manner as the depository institution posts notice of its other account products.
Mandates depository institution compliance with more stringent State law where applicable. | {"src": "billsum_train", "title": "Affordable Transaction Account Act"} | 1,585 | 78 | 0.545291 | 1.490429 | 0.625527 | 1.677419 | 23.483871 | 0.774194 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Business and Family Farm
Preservation Act of 1998''.
SEC. 2. LIMITATION ON ESTATE TAX DEDUCTION FOR FAMILY-OWNED BUSINESS
INTERESTS NOT TO APPLY TO INTERESTS IN A BUSINESS OWNED
BY A SINGLE FAMILY.
(a) In General.--Subsection (a) of section 2057 of the Internal
Revenue Code of 1986 (relating to family-owned business interests) is
amended by adding at the end the following new paragraph:
``(4) Limitation not to apply to single family
businesses.--Paragraph (2) shall be applied by not taking into
account any deduction under this section for interests in--
``(A) any sole proprietorship, or
``(B) any entity if 100 percent of such entity is
owned (directly or indirectly) by the decedent and
members of the decedent's family.''
(b) Additional Estate Tax Deduction Recaptured if Reinvestment
Requirement Not Met.--Subsection (f) of section 2057 of such Code
(relating to tax treatment of failure to materially participate in
business or dispositions of interest) is amended by adding at the end
the following new paragraphs:
``(3) Reinvestment requirement on estates to which dollar
limitation on deduction did not apply.--
``(A) In general.--In the case of an estate with
respect to which the deduction under this section
exceeded $675,000 by reason of subsection (a)(4), the
failure to meet the reinvestment requirement of
paragraph (4) shall be treated as referred to in a
subparagraph of paragraph (1) of this subsection.
``(B) Amount of tax.--If tax is imposed by this
subsection by reason of a failure to meet the
reinvestment requirement of paragraph (4) for any
taxable year--
``(i) the applicable percentage shall be 10
percent (in lieu of the percentage determined
under paragraph (2)), and
``(ii) the adjusted tax difference shall be
determined by taking into account only that
portion of the value of the qualified family-
owned business interests involved which bears
the same ratio to such value as the excess for
such year of the adjusted net earnings over the
reinvestment amount bears to the reinvestment
amount.
``(C) Special rule.--Tax shall be imposed by this
subsection by reason of a failure only to the extent
that the value (for purposes of this chapter) of the
qualified family-owned business interests involved in
such event, when increased by the value (for such
purposes) of qualified family-owned business interests
with respect to which prior recapture events have
occurred (whether or not tax was imposed by this
subsection on such prior events), exceeds $675,000.
``(D) Extension of 10-year period.--
``(i) Increase in reinvestment requirement
by reason of audit.--In the case that the
reinvestment amount is increased for a taxable
year after examination or assessment by the
Secretary, the 10-year period referred to in
paragraph (1) shall be extended for an
additional year.
``(ii) Reinvestment requirement impossible
to meet due to unforeseen circumstances.--In
the case of a failure to meet the reinvestment
requirement of paragraph (4) due to unforeseen
circumstances, the Secretary may extend the 10-
year period referred to in paragraph (1) for a
reasonable period in accordance with section
6161.
``(4) Reinvestment requirement.--
``(A) In general.--The reinvestment requirement of
this paragraph is met with respect to a sole
proprietorship or entity for any taxable year if the
reinvestment amount for such year is not less than the
adjusted net earnings of the proprietorship or entity
for such year.
``(B) Reinvestment amount.--For purposes of this
paragraph, the term `reinvestment amount' means, with
respect to any taxable year, the sum of--
``(i) the increase during the taxable year
in net asset investment in the same trade or
business, and
``(ii) the increase during the taxable year
in working capital of the same trade or
business.
``(C) Increase in net asset investment.--For
purposes of this paragraph--
``(i) Determination of increase.--The
increase during the taxable year in net asset
investment is an amount equal to the excess (if
any) of--
``(I) the net asset investment as
of the close of the taxable year, over
``(II) the net asset investment as
of the close of the preceding taxable
year.
``(ii) Net asset investment.--The term `net
asset investment' means the excess (if any)
of--
``(I) the aggregate adjusted bases
of qualified assets held by the
taxpayer for use in the active conduct
of a trade or business, over
``(II) the aggregate outstanding
amount of indebtedness of the taxpayer
which was incurred to acquire or
improve qualified assets so held.
``(iii) Qualified asset.--The term
`qualified asset' means any tangible or
intangible property other than property
described in subsection (e)(2)(D).
``(D) Adjusted net earnings.--For purposes of this
paragraph, the term `adjusted net earnings' means
taxable income--
``(i) increased by the sum of--
``(I) the amount of interest
received or accrued by the taxpayer
during the taxable year which is exempt
from tax, and
``(II) the amount allowed for
depreciation or amortization, and
``(ii) decreased by the tax imposed by
chapter 1 for the taxable year.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of enactment of this
Act. | Family Business and Family Farm Preservation Act of 1998 - Amends the Internal Revenue Code to provide that the $675,000 limitation on the estate tax deduction shall not apply to interests in a business owned by a single family. Establishes a reinvestment requirement on estates to which such limitation did not apply. | {"src": "billsum_train", "title": "Family Business and Family Farm Preservation Act of 1998"} | 1,335 | 69 | 0.601269 | 1.397193 | 1.170911 | 3.464286 | 21.285714 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing the Protection of our
Enduring and Established Constitutional Heritage Act'' or the ``SPEECH
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The freedom of speech and the press is enshrined in the
first amendment to the Constitution, and is necessary to
promote the vigorous dialogue necessary to shape public policy
in a representative democracy.
(2) Some persons are obstructing the free expression rights
of United States authors and publishers, and in turn chilling
the first amendment to the Constitution of the United States
interest of the citizenry in receiving information on matters
of importance, by seeking out foreign jurisdictions that do not
provide the full extent of free-speech protections to authors
and publishers that are available in the United States, and
suing a United States author or publisher in that foreign
jurisdiction.
(3) These foreign defamation lawsuits not only suppress the
free speech rights of the defendants to the suit, but inhibit
other written speech that might otherwise have been written or
published but for the fear of a foreign lawsuit.
(4) The threat of the libel laws of some foreign countries
are so dramatic that the United Nations Human Rights Committee
examined the issue and indicated that in some instances the law
of libel has served to discourage critical media reporting on
matters of serious public interest, adversely affecting the
ability of scholars and journalists to publish their work. The
advent of the internet and the international distribution of
foreign media also create the danger that one country's unduly
restrictive libel law will affect freedom of expression
worldwide on matters of valid public interest.
(5) Governments and courts of foreign countries scattered
around the world have failed to curtail this practice of
permitting libel lawsuits against United States persons within
their courts, and foreign libel judgments inconsistent with
United States first amendment protections are increasingly
common.
SEC. 3. RECOGNITION OF FOREIGN DEFAMATION JUDGMENTS.
(a) In General.--Part VI of title 28, United States Code, is
amended by adding at the end the following:
``CHAPTER 181--FOREIGN JUDGMENTS
``Sec.
``4101. Definitions.
``4102. Recognition of foreign defamation judgments.
``4103. Removal.
``4104. Declaratory judgments.
``4105. Attorney's fees.
``Sec. 4101. Definitions
``In this chapter:
``(1) Defamation.--The term `defamation' means any action
or other proceeding for defamation, libel, slander, or similar
claim alleging that forms of speech are false, have caused
damage to reputation or emotional distress, have presented any
person in a false light, or have resulted in criticism,
dishonor, or condemnation of any person.
``(2) Domestic court.--The term `domestic court' means a
Federal court or a court of any State.
``(3) Foreign court.--The term `foreign court' means a
court, administrative body, or other tribunal of a foreign
country.
``(4) Foreign judgment.--The term `foreign judgment' means
a final judgment rendered by a foreign court.
``(5) State.--The term `State' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(6) United states person.--The term `United States
person' means--
``(A) a United States citizen;
``(B) an alien lawfully admitted for permanent
residence to the United States;
``(C) an alien lawfully residing in the United
States at the time that the speech that is the subject
of the foreign defamation action was researched,
prepared, or disseminated; or
``(D) a business entity incorporated in, or with
its primary location or place of operation in, the
United States.
``Sec. 4102. Recognition of foreign defamation judgments
``(a) First Amendment Considerations.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, a domestic court shall not recognize or
enforce a foreign judgment for defamation unless the domestic
court determines that--
``(A) the defamation law applied in the foreign
court's adjudication provided at least as much
protection for freedom of speech and press in that case
as would be provided by the first amendment to the
Constitution of the United States and by the
constitution and law of the State in which the domestic
court is located; or
``(B) even if the defamation law applied in the
foreign court's adjudication did not provide as much
protection for freedom of speech and press as the first
amendment to the Constitution of the United States and
the constitution and law of the State, the party
opposing recognition or enforcement of that foreign
judgment would have been found liable for defamation by
a domestic court applying the first amendment to the
Constitution of the United States and the constitution
and law of the State in which the domestic court is
located.
``(2) Burden of establishing application of defamation
laws.--The party seeking recognition or enforcement of the
foreign judgment shall bear the burden of making the showings
required under subparagraph (A) or (B).
``(b) Jurisdictional Considerations.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, a domestic court shall not recognize or
enforce a foreign judgment for defamation unless the domestic
court determines that the exercise of personal jurisdiction by
the foreign court comported with the due process requirements
that are imposed on domestic courts by the Constitution of the
United States.
``(2) Burden of establishing exercise of jurisdiction.--The
party seeking recognition or enforcement of the foreign
judgment shall bear the burden of making the showing that the
foreign court's exercise of personal jurisdiction comported
with the due process requirements that are imposed on domestic
courts by the Constitution of the United States.
``(c) Judgment Against Provider of Interactive Computer Service.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, a domestic court shall not recognize or
enforce a foreign judgment for defamation against the provider
of an interactive computer service, as defined in section 230
of the Communications Act of 1934 (47 U.S.C. 230) unless the
domestic court determines that the judgment would be consistent
with section 230 if the information that is the subject of such
judgment had been provided in the United States.
``(2) Burden of establishing consistency of judgment.--The
party seeking recognition or enforcement of the foreign
judgment shall bear the burden of establishing that the
judgment is consistent with section 230.
``(d) Appearances Not a Bar.--An appearance by a party in a foreign
court rendering a foreign judgment to which this section applies shall
not deprive such party of the right to oppose the recognition or
enforcement of the judgment under this section, or represent a waiver
of any jurisdictional claims.
``(e) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) effect the enforceability of any foreign judgment
other than a foreign judgment for defamation; or
``(2) limit the applicability of section 230 of the
Communications Act of 1934 (47 U.S.C. 230) to causes of action
for defamation.
``Sec. 4103. Removal
``In addition to removal allowed under section 1441, any action
brought in a State domestic court to enforce a foreign judgment for
defamation in which--
``(1) any plaintiff is a citizen of a State different from
any defendant;
``(2) any plaintiff is a foreign state or a citizen or
subject of a foreign state and any defendant is a citizen of a
State; or
``(3) any plaintiff is a citizen of a State and any
defendant is a foreign state or citizen or subject of a foreign
state,
may be removed by any defendant to the district court of the United
States for the district and division embracing the place where such
action is pending without regard to the amount in controversy between
the parties.
``Sec. 4104. Declaratory judgments
``(a) Cause of Action.--
``(1) In general.--Any United States person against whom a
foreign judgment is entered on the basis of the content of any
writing, utterance, or other speech by that person that has
been published, may bring an action in district court, under
section 2201(a), for a declaration that the foreign judgment is
repugnant to the Constitution or laws of the United States. For
the purposes of this paragraph, a judgment is repugnant to the
Constitution or laws of the United States if it would not be
enforceable under section 4102(a), (b), or (c).
``(2) Burden of establishing unenforceability of
judgment.--The party bringing an action under paragraph (1)
shall bear the burden of establishing that the foreign judgment
would not be enforceable under section 4102(a), (b), or (c).
``(b) Nationwide Service of Process.--Where an action under this
section is brought in a district court of the United States, process
may be served in the judicial district where the case is brought or any
other judicial district of the United States where the defendant may be
found, resides, has an agent, or transacts business.
``Sec. 4105. Attorneys' fees
``In any action brought in a domestic court to enforce a foreign
judgment for defamation, including any such action removed from State
court to Federal court, the domestic court shall, absent exceptional
circumstances, allow the party opposing recognition or enforcement of
the judgment a reasonable attorney's fee if such party prevails in the
action on a ground specified in section 4102(a), (b), or (c).''.
(b) Sense of Congress.--It is the Sense of the Congress that for
the purpose of pleading a cause of action for a declaratory judgment, a
foreign judgment for defamation or any similar offense as described
under chapter 181 of title 28, United States Code, (as added by this
Act) shall constitute a case of actual controversy under section
2201(a) of title 28, United States Code.
(c) Technical and Conforming Amendment.--The table of chapters for
part VI of title 28, United States Code, is amended by adding at the
end the following:
``181. Foreign judgments.................................... 4101.''. | Securing the Protection of our Enduring and Established Constitutional Heritage Act or SPEECH Act - Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation unless the domestic court determines that: (1) the defamation law applied in the foreign court's adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the First Amendment to the U.S. Constitution and by the constitution and law of the state in which the domestic court is located; or (2) even if the defamation law applied in the foreign court's adjudication did not provide this much protection for freedom of speech and press, the party opposing recognition or enforcement of that foreign judgment would have been found liable for defamation by a domestic court applying the First Amendment to the U.S. Constitution and the constitution and law of the state in which the domestic court is located.
Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation against the provider of an interactive computer service unless the domestic court determines that the judgment would be consistent with provisions of the Communications Act of 1934 affording protection for private blocking and screening of offensive material, if the information that is the subject of the judgment had been provided in the United States.
Specifies circumstances for removal by a defendant to the appropriate U.S. district court, without regard to the amount in controversy, of any action brought in a state domestic court to enforce a foreign judgment for defamation.
Provides that any U.S. person, against whom a foreign judgment is entered on the basis of the content of any writing, utterance, or other speech by that person that has been published, may bring an action in district court for a declaration that the foreign judgment is repugnant to the Constitution or laws of the United States.
Expresses the sense of Congress that, for purposes of pleading a cause of action for a declaratory judgment, a foreign judgment for defamation or any similar offense shall constitute a case of actual controversy under the federal judicial code. | {"src": "billsum_train", "title": "A bill to amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments in United States Courts where those judgments undermine the first amendment to the Constitution of the United States, and to provide a cause of action for declaratory judgment relief against a party who has brought a successful foreign defamation action whose judgment undermines the first amendment."} | 2,396 | 474 | 0.576299 | 1.81738 | 0.738194 | 6.520942 | 5.667539 | 0.945026 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety and Protection
Investment Act of 2003''.
SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF SECURITY
DEVICES.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179A the following new section:
``SEC. 179B. SECURITY DEVICE PURCHASES.
``(a) Allowance of Deduction.--A taxpayer may elect to treat the
cost of any qualifying security device as an expense which is not
chargeable to capital account. Any cost so treated shall be allowed as
a deduction for the taxable year in which such device is placed in
service.
``(b) Definitions.--For purposes of this section--
``(1) Qualifying security device.--The term `qualifying
security device' means a security device (to which section 168
applies) which is acquired by purchase (as defined in section
179(d)(2)) and which is installed or placed in service in a
building which is owned or occupied by the taxpayer and which
is located in the United States.
``(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.
``(3) Building.--The term `building' includes any structure
or part of a structure used for commercial, retail, or business
purposes.
``(c) Special Rules.--
``(1) Basis reduction.--For purposes of this subtitle, if a
deduction is allowed under this section with respect to the
purchase of a qualifying security device, the basis of such
device shall be reduced by the amount of the deduction so
allowed.
``(2) Certain rules to apply.--Rules similar to the rules
of section 179(b)(3), section 179(c), and paragraphs (3), (4),
(8), and (10) of section 179(d), shall apply for purposes of
this section.''.
(b) Conforming and Clerical Amendments.--
(1) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (G), by striking the period
at the end of subparagraph (H) and inserting ``, or'', and by
inserting after subparagraph (H) the following new
subparagraph:
``(I) expenditures for which a deduction is allowed
under section 179B.''.
(2) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179A'' each place it appears in the heading and
text and inserting ``, 179A, or 179B''.
(3) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (27), by striking the period at
the end of paragraph (28) and inserting ``, and'', and by
inserting after paragraph (28) the following new paragraph:
``(29) to the extent provided in section 179B(d)(1),''.
(4) Section 1245(a) of such Code is amended by inserting
``179B,'' after ``179A,'' both places it appears in paragraphs
(2)(C) and (3)(C).
(5) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 179A the following new item:
``Sec. 179B. Security device
purchases.''.
(c) Effective Date.--The amendments made by this Act shall apply to
taxable years ending after the date of the enactment of this Act. | Public Safety and Protection Investment Act of 2003 - Amends the Internal Revenue Code to allow businesses to expense the costs of purchasing and installing qualifying security devices. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow businesses to expense qualified security devices."} | 1,107 | 33 | 0.483724 | 1.10137 | 0.666338 | 1.965517 | 34.034483 | 0.793103 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Diabetes Clinical Care
Commission Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Centers for Disease Control and Prevention report
that nearly 26,000,000 Americans have diabetes in addition to
an estimated 79,000,000 American adults that have pre-diabetes,
an increase of 2,000,000 Americans with diabetes and 22,000,000
American adults with pre-diabetes since 2008.
(2) Diabetes affects 8.3 percent of Americans of all ages
and 11.3 percent of adults age 20 and older. Individuals of
racial and ethnic minorities continue to have higher rates of
diabetes than individuals not of such minorities, as
demonstrated by the following: 16.1 percent of all adult
American Indians and Alaskan Natives have diabetes; 12.6
percent of all adult African-Americans have diabetes; 11.8
percent of all adult Hispanics have diabetes; and 8.4 percent
of all adult Asian-Americans have diabetes, while 7.1 percent
of all non-Hispanic Whites have diabetes.
(3) Diabetes is the seventh leading cause of death in the
United States.
(4) People with diabetes are more likely than people
without diabetes to have heart attacks, strokes, high blood
pressure, kidney failure, blindness, and require amputations.
(5) Total national costs associated with diabetes in 2007
exceeded $174,000,000,000, according to the Centers for Disease
Control and Prevention.
(6) One in three Medicare dollars is currently spent on
people with diabetes.
(7) The Centers for Disease Control and Prevention projects
that as many as 1 in 3 American adults could have diabetes by
2050 if current trends continue.
(8) There are 35 Federal departments, agencies, and offices
involved in the implementation of Federal diabetes activities.
SEC. 3. ESTABLISHMENT OF THE NATIONAL DIABETES CLINICAL CARE
COMMISSION.
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 new
section:
``SEC. 399V-6. NATIONAL DIABETES CLINICAL CARE COMMISSION.
``(a) Establishment.--There is hereby established within the
Department of Health and Human Services the National Diabetes Clinical
Care Commission (in this section referred to as the `Commission') to
evaluate and make recommendations regarding better coordination and
leveraging of programs within the Department of Health and Human
Services and other Federal agencies that relate in any way to
supporting appropriate clinical care (such as any interactions between
physicians and other health care providers and their patients with pre-
diabetes and diabetes where care is rendered for the management of
their pre-diabetes or diabetes or its complications) for people with
pre-diabetes and diabetes.
``(b) Membership.--
``(1) In general.--The Commission shall be composed of the
following voting members:
``(A) The heads (or their designees) of the
following Federal agencies and departments that conduct
programs that could impact the clinical care of people
with pre-diabetes and diabetes:
``(i) The Centers for Medicare and Medicaid
Services.
``(ii) The Agency for Healthcare Research
and Quality.
``(iii) The Centers for Disease Control and
Prevention.
``(iv) The Indian Health Service.
``(v) The Department of Veterans Affairs.
``(vi) The National Institutes of Health.
``(vii) The Food and Drug Administration.
``(viii) The Health Resources and Services
Administration.
``(ix) The Department of Defense.
``(x) Other governmental or nongovernmental
agency heads, at the discretion of the agency,
that impact clinical care of individuals with
pre-diabetes and diabetes.
``(B) Twelve additional voting members appointed
under paragraph (2).
``(2) Additional members.--The Commission shall include
additional voting members appointed by the Comptroller General
of the United States, in consultation with national medical
societies and patient advocate organizations with expertise in
diabetes and the care of patients with diabetes, including one
or more from each of the following categories:
``(A) Clinical endocrinologists.
``(B) Physician specialties (other than as
described in subparagraph (A)) that play a role in
diabetes care or their complications.
``(C) Primary care physicians.
``(D) Non-physician health care professionals, such
as certified diabetes educators, clinical dieticians,
nurses, nurse practitioners, and physician assistants.
``(E) Patient advocates.
``(F) National experts in the duties listed under
subsection (c).
``(3) Chairperson.--The voting members of the Commission
shall select a chairperson from the members described in
paragraph (2)(A).
``(4) Meetings.--The Commission shall meet at least twice,
and not more than 4 times, a year.
``(5) Board terms.--Members of the Commission, including
the chairperson, shall serve for a 3-year term. A vacancy on
the Commission shall be filled in the same manner as the
original appointments.
``(c) Duties.--The Commission shall--
``(1) evaluate programs of the Department of Health and
Human Services regarding the utilization of diabetes screening
benefits, annual wellness visits, and other preventive health
benefits that may reduce the risk of diabetes and its
complications, addressing any existing problems regarding such
utilization and related data collection mechanisms;
``(2) identify current activities and critical gaps in
Federal efforts to support clinicians in providing integrated,
high quality care to people with pre-diabetes and diabetes;
``(3) make recommendations regarding the coordination of
clinically based activities that are being supported by the
Federal Government;
``(4) make recommendations regarding the development and
coordination of federally funded clinical practice support
tools for physicians and other health care professionals in
caring for and managing the care of people with pre-diabetes
and diabetes;
``(5) evaluate programs in existence as of the date of the
enactment of this section and determine if such programs are
meeting the needs identified in paragraph (2) and, if such
programs are determined to not be meeting such needs, recommend
programs that would be more appropriate;
``(6) recommend how an outcomes-based registry may be
developed and then used to evaluate various care models and
methods and the impact of such models and methods on diabetes
management as measured by appropriate care parameters (such as
A1C, blood pressure, and cholesterol levels);
``(7) evaluate and expand education and awareness to
physicians and other health care professionals regarding
clinical practices for the prevention of diabetes and the
precursor conditions of diabetes;
``(8) review and recommend appropriate methods for outreach
and dissemination of educational resources that regard diabetes
prevention and treatments, are funded by the Federal
Government, and are intended for health care professionals and
the public; and
``(9) include other activities, such as those relating to
the areas of public health and nutrition, that the Commission
deems appropriate.
``(d) Operating Plan.--
``(1) Initial plan.--Not later than 90 days after its first
meeting, the Commission shall submit to the Secretary and the
Congress an operating plan for carrying out the activities of
the Commission as described in subsection (c). Such operating
plan may include--
``(A) a list of specific activities that the
Commission plans to conduct for purposes of carrying
out the duties described in each of the paragraphs in
subsection (c);
``(B) a plan for completing the activities;
``(C) a list of members of the Commission and other
individuals who are not members of the Commission who
will need to be involved to conduct such activities;
``(D) an explanation of Federal agency involvement
and coordination needed to conduct such activities;
``(E) a budget for conducting such activities;
``(F) a plan for evaluating the value and potential
impact of the Commission's work and recommendations,
including the possible continuation of the Commission
for the purposes of overseeing their implementation;
and
``(G) other information that the Commission deems
appropriate.
``(2) Updates.--The Commission shall periodically update
the operating plan under paragraph (1) and submit such updates
to the Secretary and the Congress.
``(e) Final Report and Sunset of the Commission.--By not later than
3 years after the date of the Commission's first meeting, the
Commission shall submit to the Secretary and the Congress a report
containing all of the findings and recommendations of the Commission.
Not later than 120 days after the submission of the final report, the
Secretary shall review the evaluation required under subsection
(d)(1)(F) to determine the continuation of the Commission.
``(f) Authorization of Appropriations.--Appropriations are
authorized to be made available to the Commission for each of fiscal
years 2013, 2014 and 2015, from amounts otherwise made available to the
Department of Health and Human Services for such fiscal years, to carry
out this section.''. | National Diabetes Clinical Care Commission Act - Establishes within the Department of Health and Human Services (HHS) the National Diabetes Clinical Care Commission to evaluate and make recommendations regarding better coordination and leveraging of federal programs that relate in any way to supporting appropriate clinical care for people with pre-diabetes and diabetes.
Sets forth the duties of the Commission, which shall include: (1) evaluating HHS programs, (2) identifying current activities and critical gaps in federal efforts to support clinicians in providing care to people with pre-diabetes and diabetes, (3) recommending how an outcomes-based registry may be developed and then used to evaluate various care models and methods, (4) evaluating and expanding education and awareness to health care professionals regarding clinical practices for the prevention of diabetes and the precursor conditions of diabetes, and (5) reviewing and recommending appropriate methods for outreach and dissemination of educational resources related to diabetes prevention and treatments.
Requires the Commission to submit to the Secretary and Congress an operating plan for carrying out the activities of the Commission that may include specific activities the Commission plans to conduct, a plan for completing the activities, a budget for such activities, and a plan for evaluating the value and potential impact of the Commission's work and recommendations, including the possible continuation of the Commission for purposes of overseeing their implementation. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to foster more effective implementation and coordination of clinical care for people with pre-diabetes and diabetes."} | 1,944 | 279 | 0.533359 | 1.454294 | 0.736787 | 4.922179 | 7.404669 | 0.953307 |
SECTION 1. REQUIRED USE OF OPTION 1A AS PRICE STRUCTURE FOR CLASS I
MILK UNDER CONSOLIDATED FEDERAL MILK MARKETING ORDERS.
(a) Use of Option 1A.--In implementing the final decision for the
consolidation and reform of Federal milk marketing orders, as required
by section 143 of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7253), the Secretary of Agriculture shall price fluid or
Class I milk under the orders using the Class I price differentials
identified as Option 1A ``Location-Specific Differentials Analysis'' in
the proposed rule published in the Federal Register on January 30, 1998
(63 Fed. Reg. 4802, 4809), except that the Secretary shall include the
corrections and modifications to such Class I differentials made by the
Secretary through April 2, 1999.
(b) Effect on Implementation Schedule.--The requirement to use
Option 1A in subsection (a) does not modify or delay the time period
for actual implementation of the final decision as part of Federal milk
marketing orders specified in section 738 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1999 (as contained in section 101(a) of division A
of Public Law 105-277; 112 Stat. 2681-30).
(c) Implementation of Requirement.--
(1) Expedited implementation.--The Secretary of Agriculture
shall comply with subsection (a) as soon as practicable after
the date of the enactment of this Act. The requirement to use
the Option 1A described in such subsection shall not be subject
to--
(A) the notice and hearing requirements of section
8c(3) of the Agricultural Adjustment Act (7 U.S.C.
608c(3)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, or the notice and
comment provisions of section 553 of title 5, United
States Code;
(B) a referendum conducted by the Secretary of
Agriculture pursuant to subsections (17) or (19) of
such section 8c;
(C) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and
public participation in rulemaking; and
(D) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'').
(2) Effect on minimum milk prices.--If the Secretary of
Agriculture announces minimum prices for milk under Federal
milk marketing orders pursuant to section 1000.50 of title 7,
Code of Federal Regulations, before the date on which the
Secretary first complies with subsection (a), the minimum
prices so announced before that date shall be the only
applicable minimum prices under Federal milk marketing orders
for the months for which the prices have been announced.
SEC. 2. NECESSITY OF USING FORMAL RULEMAKING TO DEVELOP PRICING METHODS
FOR CLASS III AND CLASS IV MILK; MODIFIED MANUFACTURING
ALLOWANCE FOR CHEESE.
(a) Congressional Finding.--The Class III and Class IV pricing
formulas included in the final decision for the consolidation and
reform of Federal milk marketing orders, as published in the Federal
Register on April 2, 1999 (64 Fed. Reg. 16025), do not adequately
reflect public comment on the original proposed rule published in the
Federal Register on January 30, 1998 (63 Fed. Reg. 4802), and are
sufficiently different from the proposed rule and any comments
submitted with regard to the proposed rule that further emergency
rulemaking is merited.
(b) Formal Rulemaking.--
(1) Required.--The Secretary of Agriculture shall conduct
rulemaking, on the record after an opportunity for an agency
hearing, to reconsider the Class III and Class IV pricing
formulas included in the final decision referred to in
subsection (a).
(2) Implementation.--A final decision on the formula shall
be implemented not later than 10 months after the date of the
enactment of this Act.
(3) Effect of court order.--The actions authorized by this
subsection are intended to ensure the timely publication and
implementation of new pricing formulas for Class III and Class
IV milk. In the event that the Secretary is enjoined or
otherwise restrained by a court order from implementing the
final decision under paragraph (2), the length of time for
which that injunction or other restraining order is effective
shall be added to the time limitations specified in paragraph
(2) thereby extending those time limitations by a period of
time equal to the period of time for which the injunction or
other restraining order is effective.
(c) Failure To Timely Complete Rulemaking.--If the Secretary of
Agriculture fails to implement new Class III and Class IV pricing
formulas within the time period required under subsection (b)(2) (plus
any additional period provided under subsection (b)(3)), the Secretary
may not assess or collect assessments from milk producers or handlers
under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c),
reenacted with amendments by the Agricultural Marketing Agreement Act
of 1937, for marketing order administration and services provided under
such section after the end of that period until the pricing formulas
are implemented. The Secretary may not reduce the level of services
provided under that section on account of the prohibition against
assessments, but shall rather cover the cost of marketing order
administration and services through funds available for the
Agricultural Marketing Service of the Department.
(d) Effect on Implementation Schedule.--Subject to subsection (e),
the requirement for additional rulemaking in subsection (b) does not
modify or delay the time period for actual implementation of the final
decision referred to in subsection (a) as part of Federal milk
marketing orders, as such time period is specified in section 738 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999 (as contained in section
101(a) of division A of Public Law 105-277; 112 Stat. 2681-30).
(e) Modified Manufacturing Allowance for Cheese.--
(1) Modification of allowance.--Pending the implementation
of new pricing formulas for Class III and Class IV milk as
required by subsection (b), the Secretary of Agriculture shall
modify the formula used for determining Class III prices, as
contained in the final decision referred to in subsection (a),
to replace the manufacturing allowance of 17.02 cents per pound
of cheese each place it appears in that formula with an amount
equal to 14.7 cents per pound of cheese.
(2) Expedited implementation.--The Secretary of Agriculture
shall implement the modified formula as soon as practicable
after the date of the enactment of this Act. Implementation and
use of the modified formula shall not be subject to--
(A) the notice and hearing requirements of section
8c(3) of the Agricultural Adjustment Act (7 U.S.C.
608c(3)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, or the notice and
comment provisions of section 553 of title 5, United
States Code;
(B) a referendum conducted by the Secretary of
Agriculture pursuant to subsections (17) or (19) of
such section 8c;
(C) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and
public participation in rulemaking; and
(D) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'').
(3) Effect on minimum milk prices.--If the Secretary of
Agriculture announces minimum prices for milk under Federal
milk marketing orders pursuant to section 1000.50 of title 7,
Code of Federal Regulations, before the date on which the
Secretary first implements the modified formula, the minimum
prices so announced before that date shall be the only
applicable minimum prices under Federal milk marketing orders
for the months for which the prices have been announced.
SEC. 3. ONE-YEAR EXTENSION OF CURRENT MILK PRICE SUPPORT PROGRAM.
(a) Extension of Program.--Subsection (h) of section 141 of the
Agricultural Market Transition Act (7 U.S.C. 7251) is amended by
striking ``1999'' both places it appears and inserting ``2000''.
(b) Continuation of Current Price Support Rate.--Subsection (b)(4)
of such section is amended by striking ``year 1999'' and inserting
``years 1999 and 2000''.
(c) Elimination of Recourse Loan Program for Processors.--Section
142 of the Agricultural Market Transition Act (7 U.S.C. 7252) is
repealed.
SEC. 4. DAIRY FORWARD PRICING PROGRAM.
The Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted
with amendments by the Agricultural Marketing Agreement Act of 1937, is
amended by adding at the end the following new section:
``SEC. 23. DAIRY FORWARD PRICING PILOT PROGRAM.
``(a) Pilot Program Required.--Not later than 90 days after the
date of the enactment of this section, the Secretary of Agriculture
shall establish a temporary pilot program under which milk producers
and cooperatives are authorized to voluntarily enter into forward price
contracts with milk handlers.
``(b) Minimum Milk Price Requirements.--Payments made by milk
handlers to milk producers and cooperatives, and prices received by
milk producers and cooperatives, under the forward contracts shall be
deemed to satisfy--
``(1) all regulated minimum milk price requirements of
paragraphs (B) and (F) of subsection (5) of section 8c; and
``(2) the requirement of paragraph (C) of such subsection
regarding total payments by each handler.
``(c) Milk Covered by Pilot Program.--The pilot program shall apply
only with respect to the marketing of federally regulated milk that--
``(1) is not classified as Class I milk or otherwise
intended for fluid use; and
``(2) is in the current of interstate or foreign commerce
or directly burdens, obstructs, or affects interstate or
foreign commerce in federally regulated milk.
``(d) Duration.--The authority of the Secretary of Agriculture to
carry out the pilot program shall terminate on December 31, 2004. No
forward price contract entered into under the program may extend beyond
that date.
``(e) Study and Report on Effect of Pilot Program.--
``(1) Study.--The Secretary of Agriculture shall conduct a
study on forward contracting between milk producers and
cooperatives and milk handlers to determine the impact on milk
prices paid to producers in the United States. To obtain
information for the study, the Secretary may use the
authorities available to the Secretary under section 8d,
subject to the confidentiality requirements of subsection (2)
of such section.
``(2) Report.--Not later than April 30, 2002, the Secretary
shall submit to the Committee on Agriculture, Nutrition and
Forestry of the Senate and the Committee on Agriculture of the
House of Representatives a report containing the results of the
study.''.
Passed the House of Representatives September 22, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Directs the Secretary of Agriculture to implement the Class I fluid milk price structure known as Option 1A "Location-Specific Differentials Analysis" as part of the final rule to consolidate Federal milk marketing orders. States that such option requirement shall not modify the existing (final rule) implementation schedule. States that the Option 1A requirement shall not be subject to specified requirements regarding: (1) notice and hearing; (2) referendum; (3) rulemaking notice and public participation; and (4) paperwork reduction. States that if the Secretary announces minimum milk prices under a marketing order prior to implementation of the rule under this Act, such prices shall be the applicable minimum prices for the months so covered. (Sec. 2) Expresses the congressional finding that certain Class III and IV milk pricing formulas require further emergency rulemaking because they do not adequately reflect public comment and are sufficiently different from the proposed rule. States that the Secretary shall: (1) conduct formal rulemaking, implement a final decision not later than ten months after enactment of this Act, and collect no marketing order assessments (without reducing service levels) during any period of noncompliance with such time frame; and (2) reduce the cheese manufacturing allowance to 14.7 cents per pound pending such price implementation. (Sec. 3) Amends the Agricultural Market Transition Act to: (1) extend the milk price support program (at 1999 rates) through December 31, 2000; and (2) eliminate the processor loan recourse program. (Sec. 4) Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to direct the Secretary to implement a dairy forward pricing pilot program through December 31, 2004. Applies such program to federally regulated milk that: (1) is not Class I milk or otherwise intended for fluid use; and (2) is in or directly affects interstate or foreign milk commerce. Directs the Secretary to study the impact of forward contracting on milk prices paid to U.S. producers. | {"src": "billsum_train", "title": "To require the Secretary of Agriculture to implement the Class I milk price structure known as Option 1-A as part of the implementation of the final rule to consolidate Federal milk marketing orders."} | 2,478 | 426 | 0.65106 | 2.068441 | 0.791742 | 2.515464 | 5.729381 | 0.912371 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Lead in Drinking Water
Act''.
SEC. 2. REDUCING LEAD IN DRINKING WATER.
(a) Definition of Lead Service Line.--Section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f) is amended by adding at the end the
following new paragraph:
``(17) Lead service line.--The term `lead service line'
means a service line that is not lead free (within the meaning
of section 1417).''.
(b) Replacing Lead Service Lines.--Section 1417 of the Safe
Drinking Water Act (42 U.S.C. 300g-6) is amended by adding at the end
the following:
``(f) Replacing Lead Service Lines.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means--
``(i) an owner or operator of a public
water system;
``(ii) a qualified nonprofit organization,
as determined by the Administrator; or
``(iii) a municipality or a State,
interstate, or intermunicipal agency.
``(B) Lead pipe replacement program.--The term
`lead pipe replacement program' means a project or
activity the primary purpose of which is to eliminate
lead in water for human consumption by--
``(i) replacing lead service lines;
``(ii) testing, planning, or carrying out
other relevant activities, as determined by the
Administrator, to identify the location and
condition of lead service lines; or
``(iii) providing assistance to low-income
homeowners to replace privately owned lead
service lines.
``(C) Low-income homeowner.--The term `low-income
homeowner' has such meaning as may be given the term by
the Governor of the applicable State.
``(2) Grant program.--
``(A) Establishment.--Not later than 180 days after
the date of enactment of this subsection, the
Administrator shall establish a grant program to
provide assistance to eligible entities for lead pipe
replacement programs.
``(B) Evaluation.--In determining whether to
provide assistance to an eligible entity under this
subsection, the Administrator shall evaluate whether
the eligible entity has--
``(i) a current inventory of lead service
lines in the applicable public water system;
``(ii) a plan to notify customers of such
public water system of the replacement of any
publicly owned portion of a lead service line;
``(iii) a plan to replace the privately
owned portion of a lead service line at the
cost of replacement;
``(iv) a plan for a program of assistance
to low-income homeowners to replace the
privately owned portion of lead service lines;
or
``(v) a plan of recommended measures to
avoid exposure of the public to short-term
increases in lead levels following a lead
service line replacement.
``(C) Priority application.--In providing
assistance under this subsection, the Administrator
shall give priority to an eligible entity that--
``(i) will carry out a lead pipe
replacement program at a public water system
that has exceeded the lead action level
established by the Administrator at any time
during the 3-year period preceding the date of
submission of the application of the eligible
entity;
``(ii) will address lead levels in water
for human consumption at a school, daycare, or
other facility that primarily serves children
or subpopulations at greater risk as identified
under section 1458(a);
``(iii) will include in the lead pipe
replacement program a program to provide
assistance to low-income homeowners; or
``(iv) addresses such priority criteria as
the Administrator may establish, consistent
with the goal of reducing lead in water for
human consumption.
``(D) Cost sharing.--
``(i) In general.--Subject to clause (ii),
the non-Federal share of the total cost of a
program funded by a grant provided under this
subsection shall be not less than 20 percent.
``(ii) Waiver.--The Administrator may
reduce or eliminate the non-Federal share
required under clause (i) for reasons of
affordability, as the Administrator determines
to be appropriate.
``(E) Low-income homeowner assistance.--
``(i) In general.--Subject to clause (ii),
an eligible entity may use a grant provided
under this subsection to provide assistance to
low-income homeowners to replace privately
owned lead service lines.
``(ii) Limitation.--The amount of
assistance provided to an individual low-income
homeowner under this subparagraph shall not
exceed $10,000.
``(3) Guidance.--Not later than 180 days after the date of
enactment of this subsection, the Administrator shall, in
cooperation with States and qualified nonprofit organizations,
develop guidance for owners and operators of public water
systems to assist such owners and operators in the preparation
of an inventory of lead service lines in their public water
system.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$100,000,000 for each of fiscal years 2017 through 2021.''. | Reducing Lead in Drinking Water Act This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency to establish a grant program to remove lead service lines from public water systems. Grant recipients may use grant funds to assist low-income homeowners with replacing privately owned lead service lines. | {"src": "billsum_train", "title": "Reducing Lead in Drinking Water Act"} | 1,184 | 62 | 0.616875 | 1.375514 | 1.290804 | 2.363636 | 19.654545 | 0.836364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Mental Health Access
Improvement Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Symptoms of depression are displayed by 37 percent of
seniors (individuals ages 65 and over) in the United States.
(2) The suicide rate for seniors is higher than such rate
for other age groups in the United States.
(3) Many Medicare beneficiaries lack access to mental
health services because mental health providers do not furnish
services in many medically underserved communities in which
such beneficiaries inhabit.
(4) Marriage and family therapists are the only core mental
health professionals recognized by the Department of Health and
Human Services but not recognized by the Medicare program for
purposes of coverage of services provided by such professionals
and reimbursement for such services. Psychiatrists, clinical
psychologists, clinical social workers, and psychiatric nurses
are recognized Medicare providers.
(5) Out of all counties in the United States, nearly 75
percent of such counties do not have psychiatrists, 58 percent
of such counties do not have clinical social workers, and 50
percent of such counties do not have psychologists with a
professional degree to serve their population. Marriage and
family therapists provide critical, cost-effective mental
health services for populations that have no other mental
health providers.
(6) The shortage of mental health providers who participate
in the Medicare program is a result of the Medicare program not
covering the services of the 50,0000 licensed marriage and
family therapists.
(7) Many marriage and family therapists work in medically
underserved communities. Twenty-five percent of patients are
ethnic minorities and in 2006, 27 percent of marriage and
family therapy students were ethnic minorities, a percentage
that continues to increase annually.
(8) There are 25 percent more marriage and family
therapists than psychiatrists in rural counties, and in the
most rural areas, there are twice as many marriage and family
therapists than psychiatrists.
(9) Medicare coverage of marriage and family therapy
services can increase Medicare beneficiaries' access to mental
health care in rural areas.
SEC. 3. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES UNDER PART
B.
(a) Coverage of Services.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (Z), by striking ``and'' at the end;
(2) in subparagraph (AA), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(BB) marriage and family therapist services (as
defined in subsection (ccc)(1));''.
(b) Definition.--Section 1861 of such Act (42 U.S.C. 1395x) is
amended by adding at the end thereof the following new subsection:
``Marriage and Family Therapist Services
``(ccc)(1) The term `marriage and family therapist services' means
services performed by a marriage and family therapist (as defined in
paragraph (2)) for the diagnosis and treatment of mental illnesses,
which the marriage and family therapist is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) of the State in which such services are performed, as would
otherwise be covered if furnished by a physician or as an incident to a
physician's professional service, but only if no facility or other
provider charges or is paid any amounts with respect to the furnishing
of such services.
``(2) The term `marriage and family therapist' means an individual
who--
``(A) possesses a master's or doctoral degree which
qualifies for licensure or certification as a marriage and
family therapist pursuant to State law;
``(B) after obtaining such degree has performed at least
two years of clinical supervised experience in marriage and
family therapy; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of marriage
or family therapists, is licensed or certified as a marriage
and family therapist in such State.''.
(c) Provision for Payment Under Part B.--Section 1832(a)(2)(B) of
such Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the
following new clause:
``(v) marriage and family therapist
services;''.
(d) Amount of Payment.--Section 1833(a)(1) of such Act (42 U.S.C.
13951(a)(1)) is amended--
(1) by striking ``and (V)'' and inserting ``(V)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (W) with respect to marriage and family
therapist services under section 1861(s)(2)(BB), the amounts
paid shall be 80 percent of the lesser of the actual charge for
the services or 75 percent of the amount determined for payment
of a psychologist under clause (L)''.
(e) Exclusion of Marriage and Family Therapist Services From
Skilled Nursing Facility Prospective Payment System.--Section
1888(e)(2)(A)(ii) of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is
amended by inserting ``marriage and family therapist services,'' after
``qualified psychologist services,''.
(f) Inclusion of Marriage and Family Therapists as Practitioners
for Assignment of Claims.--Section 1842(b)(18)(C) of such Act (42
U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following
new clause:
``(vii) A marriage and family therapist (as defined in
section 1861(ccc)(2)).''.
SEC. 4. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES PROVIDED IN
CERTAIN SETTINGS.
(a) Rural Health Clinics.--Section 1861(aa)(1)(B) of the Social
Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``, by
a marriage and family therapist (as defined in subsection (ccc)(2)),''
after ``by a clinical psychologist (as defined by the Secretary)''.
(b) Hospice Programs.--Section 1861(dd)(2)(B)(i)(III) of such Act
(42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or
marriage and family therapist (as defined in subsection (ccc)(2))''
after ``social worker''.
SEC. 5. AUTHORIZATION OF MARRIAGE AND FAMILY THERAPISTS TO DEVELOP
DISCHARGE PLANS FOR POST-HOSPITAL SERVICES.
Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C.
1395x(ee)(2)(G)) is amended by inserting ``marriage and family
therapist (as defined in subsection (ccc)(2)),'' after ``social
worker,''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act apply with respect to services
furnished on or after January 1, 2008. | Seniors Mental Health Access Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage under Medicare part B (Supplementary Medical Insurance) of marriage and family therapist services generally, and particularly those provided in rural health clinics and in hospice programs.
Amends Medicare part C (Miscellaneous) to exclude such services from the skilled nursing facility prospective payment system.
Authorizes marriage and family therapists to develop discharge plans for post-hospital services. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services under part B of the Medicare Program, and for other purposes."} | 1,714 | 114 | 0.501957 | 1.275674 | 0.625999 | 2.989011 | 15.120879 | 0.835165 |
SECTION 1. OFFSET OF STATE JUDICIAL DEBTS AGAINST INCOME TAX REFUND.
(a) In General.--Section 6402 of the Internal Revenue Code of 1986
(relating to authority to make credits or refunds) is amended by
redesignating subsections (f) through (k) as subsections (g) through
(l), respectively, and by inserting after subsection (e) the following:
``(f) Collection of Past-Due, Legally Enforceable State Judicial
Debts.--
``(1) In general.--Upon receiving notice from any State
judicial branch or State agency designated by the chief justice
of the State's highest court that a named person owes a past-
due, legally enforceable State judicial debt to or in such
State, the Secretary shall, under such conditions as may be
prescribed by the Secretary--
``(A) reduce the amount of any overpayment payable
to such person by the amount of such State judicial
debt;
``(B) pay the amount by which such overpayment is
reduced under subparagraph (A) to such State judicial
branch or State agency and notify such State judicial
branch or State agency of such person's name, taxpayer
identification number, address, and the amount
collected; and
``(C) notify the person making such overpayment
that the overpayment has been reduced by an amount
necessary to satisfy a past-due, legally enforceable
State judicial debt.
If an offset is made pursuant to a joint return, the notice
under subparagraph (B) shall include the names, taxpayer
identification numbers, and addresses of each person filing
such return.
``(2) Offset permitted only against residents of state
seeking offset.--Paragraph (1) shall apply to an overpayment by
any person for a taxable year only if the address shown on the
Federal return for such taxable year is an address within the
State of the State judicial branch or State agency seeking the
offset.
``(3) Priorities for offset.--Any overpayment by a person
shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant
to--
``(i) subsection (a) with respect to any
liability for any internal revenue tax on the
part of the person who made the overpayment;
``(ii) subsection (c) with respect to past-
due support;
``(iii) subsection (d) with respect to any
past-due, legally enforceable debt owed to a
Federal agency; and
``(iv) subsection (e) with respect to any
past-due, legally enforceable State income tax
obligations; and
``(B) before such overpayment is credited to the
future liability for any Federal internal revenue tax
of such person pursuant to subsection (b).
If the Secretary receives notice from 1 or more State agencies,
or from 1 or more State agencies and the State judicial branch,
of more than 1 debt subject to paragraph (1) that is owed by
such person to such State agency or State judicial branch, any
overpayment by such person shall be applied against such debts
in the order in which such debts accrued.
``(4) Notice; consideration of evidence.--Rules similar to
the rules of subsection (e)(4) shall apply with respect to
debts under this subsection.
``(5) Past-due, legally enforceable state judicial debt.--
``(A) In general.--For purposes of this subsection,
the term `past-due, legally enforceable State judicial
debt' means a debt--
``(i) which resulted from a judgment or
sentence rendered by any court or tribunal of
competent jurisdiction which--
``(I) handles criminal or traffic
cases in the State; and
``(II) has determined an amount of
State judicial debt to be due; and
``(ii) which resulted from a State judicial
debt which has been assessed and is past-due
but not collected.
``(B) State judicial debt.--For purposes of this
paragraph, the term `State judicial debt' includes
court costs, fees, fines, assessments, restitution to
victims of crime, and other monies resulting from a
judgment or sentence rendered by any court or tribunal
of competent jurisdiction handling criminal or traffic
cases in the State.
``(6) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which State judicial
branches and State agencies must submit notices of past-due,
legally enforceable State judicial debts and the necessary
information that must be contained in or accompany such
notices. The regulations shall specify the types of State
judicial monies and the minimum amount of debt to which the
reduction procedure established by paragraph (1) may be
applied. The regulations may require State judicial branches
and State agencies to pay a fee to reimburse the Secretary for
the cost of applying such procedure. Any fee paid to the
Secretary pursuant to the preceding sentence shall be used to
reimburse appropriations which bore all or part of the cost of
applying such procedure.
``(7) Erroneous payment to state.--Any State judicial
branch or State agency receiving notice from the Secretary that
an erroneous payment has been made to such State judicial
branch or State agency under paragraph (1) shall pay promptly
to the Secretary, in accordance with such regulations as the
Secretary may prescribe, an amount equal to the amount of such
erroneous payment (without regard to whether any other amounts
payable to such State judicial branch or State agency under
such paragraph have been paid to such State judicial branch or
State agency).''.
(b) Disclosure of Return Information.--Section 6103(l)(10) of the
Internal Revenue Code of 1986 (relating to disclosure of certain
information to agencies requesting a reduction under subsection (c),
(d), or (e) of section 6402) is amended by striking ``or (e)'' each
place it appears in the text and heading and inserting ``(e), or (f)''.
(c) Conforming Amendments.--
(1) Section 6402(a) of the Internal Revenue Code of 1986 is
amended by striking ``and (e)'' and inserting ``(e), and (f)''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended by striking ``subsection (e)'' and inserting
``subsections (e) and (f)''.
(3) Paragraph (3)(B) of section 6402(e) of such Code is
amended to read as follows:
``(B) before such overpayment is--
``(i) reduced pursuant to subsection (f)
with respect to past-due, legally enforceable
State judicial debts, and
``(ii) credited to the future liability for
any Federal internal revenue tax of such person
pursuant to subsection (b).''.
(4) Section 6402(g) of such Code, as so redesignated, is
amended by striking ``or (e)'' and inserting ``(e), or (f)''.
(5) Section 6402(i) of such Code, as so redesignated, is
amended by striking ``or (e)'' and inserting ``, (e), or (f)''.
(d) Effective Date.--The amendments made by this Act shall apply to
refunds payable for taxable years beginning after December 31, 2006. | Amends the Internal Revenue Code to direct the Secretary of the Treasury, upon receiving notice from a state judicial agency that a named person owes a past-due, legally enforceable state judicial debt, to pay such debt from any tax refund due to such person. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for State judicial debts that are past due."} | 1,644 | 63 | 0.544844 | 1.431769 | 0.809863 | 3.44 | 30.48 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Outcomes, Planning, and
Education (HOPE) for Alzheimer's Act of 2015''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) As many as half of the estimated 5,100,000 American
seniors with Alzheimer's disease and other dementias have never
received a diagnosis.
(2) An early and documented diagnosis and access to care
planning services leads to better outcomes for individuals with
Alzheimer's disease and other dementias and their caregivers.
(3) Building upon the existing Medicare benefit of a
diagnostic evaluation to add comprehensive care planning
services would help ensure that beneficiaries and their
families receive critical information about the disease and
available care options, which leads to better outcomes.
(4) An accurate, timely, and documented diagnosis allows
for better management of other known chronic conditions and
more efficient utilization of medical resources, including
reducing complications and the number of costly emergency room
visits and hospitalizations.
(5) A formal and documented diagnosis and care planning
services allow individuals and their caregivers to have access
to available medical and non-medical treatments, build a care
team, participate in support services, and enroll in clinical
trials.
(b) Purpose.--The purpose of this Act is to provide better care and
outcomes for Medicare beneficiaries living with Alzheimer's disease and
related dementias by building upon existing Medicare coverage of a
diagnostic evaluation for Alzheimer's disease and related dementias to
add coverage of initial comprehensive care planning services for
Medicare beneficiaries who are first diagnosed with Alzheimer's disease
or related dementias on or after the date of the enactment of this Act
and whose medical records contain the documented diagnosis of the
disease.
SEC. 3. MEDICARE COVERAGE OF COMPREHENSIVE ALZHEIMER'S DISEASE CARE
PLANNING SERVICES.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(EE);
(B) by adding ``and'' at the end of subparagraph
(FF); and
(C) by adding at the end the following new
subparagraph:
``(GG) comprehensive Alzheimer's disease care planning
services (as defined in subsection (iii));''; and
(2) by adding at the end the following new subsection:
``Comprehensive Alzheimer's Disease Care Planning Services
``(iii)(1)(A) Subject to subparagraph (B), the term `comprehensive
Alzheimer's disease care planning services' means the services
described in paragraph (2) furnished by a physician or non-physician
practitioner to any or all of the following:
``(i) An eligible individual.
``(ii) The personal representative of such eligible
individual, with or without the presence of the eligible
individual.
``(iii) One or more family caregivers of such eligible
individual, with or without the presence of the eligible
individual.
``(B) The Secretary shall establish guidelines for the furnishing
of Comprehensive Alzheimer's disease care planning services to
individuals described in clauses (i), (ii), and (iii) of subparagraph
(A).
``(2)(A) Subject to the succeeding provisions of this paragraph,
the services described in this paragraph are the development and
furnishing of an initial comprehensive care plan to an eligible
individual that provides such information and services as the Secretary
may specify (in consultation with stakeholders as provided in paragraph
(5)), which--
``(i) includes--
``(I) assistance understanding the diagnosis;
``(II) assistance understanding medical and non-
medical options for ongoing treatment, services, and
supports; and
``(III) information about how to obtain the
treatments, services, and supports described in
subclause (II); and
``(ii) takes into account the eligible individual's other
co-morbid chronic conditions.
``(B) The services described in this paragraph shall also include
comprehensive medical record documentation, with respect to the
eligible individual of the care planning services under subparagraph
(A), by the physician or non-physician practitioner furnishing the
services.
``(3) Subject to paragraph (5), the Secretary shall periodically
update requirements under this subsection to reflect advances in
science and technology.
``(4)(A) Comprehensive Alzheimer's disease care planning services
may only be furnished once with respect to each eligible individual.
``(B) Nothing in this subsection shall be construed as prohibiting
an update of any initial comprehensive care plan furnished under this
subsection to an eligible individual under physicians' services that
are covered under other provisions of this title, such as care planning
under personalized prevention plan services (as defined in subsection
(hhh)(1)).
``(5) The Secretary shall consult with stakeholders, such as
physicians, non-physician practitioners, and organizations that
represent individuals (including individuals under this title) with
Alzheimer's disease, with respect to each of the following:
``(A) The scope of, and requirements for, services
described in paragraph (2).
``(B) The periodic updates of requirements under paragraph
(3).
``(6) In this subsection:
``(A) The term `Alzheimer's disease' means Alzheimer's
disease and related dementias.
``(B) The term `eligible individual' means an individual
who--
``(i) has a documented diagnosis of Alzheimer's
disease in the medical record; and
``(ii) was first diagnosed as having Alzheimer's
disease on or after the date of the enactment of this
subsection.
``(C) The term `non-physician practitioner' means a
practitioner described in clause (i), (iv), or (v) of section
1842(b)(18)(C).
``(D) The term `personal representative' means, with
respect to an individual, a person legally authorized to make
health care decisions on such individual's behalf.
``(E) The term `physician' has the meaning given that term
in subsection (r)(1).''.
(b) Payment.--
(1) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and'' before ``(Z)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (AA) with respect to
comprehensive Alzheimer's disease care planning
services (as defined in section 1861(iii)(2)), the
amount paid shall be an amount equal to 80 percent of
the lesser of the actual charge for the services or the
amount determined under the payment basis determined
under section 1848.''.
(2) Payment under physician fee schedule.--Section
1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3))
is amended by inserting ``(2)(GG),'' after ``(2)(FF) (including
administration of the health risk assessment),''.
(3) Frequency limitation.--Section 1862(a)(1) of the Social
Security Act (42 U.S.C. 1395y(a)(1)) is amended--
(A) in subparagraph (O), by striking ``and'' at the
end;
(B) in subparagraph (P), by striking the semicolon
at the end and inserting ``, and''; and
(C) by adding at the end the following new
subparagraph:
``(Q) in the case of comprehensive Alzheimer's disease care
planning services (as defined in section 1861(iii)(1)), which
are performed more frequently than is covered under such
section;''.
(c) Provider Outreach and Reporting on Care Planning Services.--
(1) Outreach.--The Secretary of Health and Human Services
(in this subsection referred to as the ``Secretary'') shall
conduct outreach to physicians and appropriate non-physician
practitioners participating under the Medicare program with
respect to the amendments made by subsections (a) and (b). Such
outreach shall include a comprehensive, one-time education
initiative to inform such physicians and practitioners of the
addition of comprehensive Alzheimer's disease care planning
services as a covered benefit under the Medicare program,
including materials on appropriate diagnostic evaluations and
explanations of the requirements for eligibility for such
services.
(2) Reports to congress.--
(A) Provider outreach.--Not later than one year
after the effective date of the amendments made by
subsections (a) and (b) (as described in subsection
(d)), the Secretary shall submit to the Committee on
Ways and Means and the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Finance of the Senate a report on the outreach
conducted under paragraph (1). Such report shall
include a description of the methods used for such
outreach.
(B) Utilization rates.--Not later than 18 months
after the effective date of the amendments made by
subsections (a) and (b) (as described in subsection
(d)) and annually thereafter for the succeeding five
years, the Secretary shall submit to the Committee on
Ways and Means and the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Finance of the Senate a report on the number of
Medicare beneficiaries who, during the preceding year,
were furnished comprehensive Alzheimer's disease care
planning services for which payment was made under
title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.). Each such report shall include information on
any barriers Medicare beneficiaries face to access such
services and the Secretary's recommendations to
eliminate any such barriers.
(C) Copy of each report.--On the same day that a
report is submitted under subparagraph (A) or (B) of
paragraph (2), the Secretary shall transmit a copy of
such report to the Advisory Council on Alzheimer's
Research, Care, and Services established under section
2(e) of the National Alzheimer's Project Act (42 U.S.C.
11225(e); Public Law 111-375).
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to services furnished on or after January 1 of the year
beginning after the date of the enactment of this Act. | Health Outcomes, Planning, and Education (HOPE) for Alzheimer's Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to cover comprehensive Alzheimer's disease care planning services. | {"src": "billsum_train", "title": "Health Outcomes, Planning, and Education (HOPE) for Alzheimer's Act of 2015"} | 2,319 | 51 | 0.614438 | 1.410244 | 0.584412 | 5.897436 | 55.25641 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equity in Social Security Act of
2010''.
SEC. 2. TREATMENT OF PERMANENT PARTNERSHIPS UNDER TITLE II OF THE
SOCIAL SECURITY ACT.
(a) In General.--Section 216 of the Social Security Act (42 U.S.C.
416) is amended by adding at the end the following new subsection:
``Permanent Partnership
``(m)(1) Notwithstanding any other provision of this title and
under regulations of the Commissioner of Social Security prescribed as
required under paragraph (3)--
``(A) In any case in which the Commissioner determines, in
connection with the application by (or on behalf of) an
individual for a benefit under this title, that a current or
former marriage between the applicant and another individual,
or between 2 other individuals, is a prerequisite for
entitlement of the applicant to such benefit and the
application designates, for treatment as such a marriage for
purposes of such application, an arrangement between 2
individuals of the same gender--
``(i) if the Commissioner determines that such
arrangement is (or was) a permanent partnership within
the meaning of paragraph (2), such arrangement shall be
treated for purposes of this title as a marriage of
such individuals; and
``(ii) each female party to such arrangement shall
be treated as a wife with respect to such arrangement
(referencing the other party as such individual's
spouse in connection with such arrangement) and each
male party to such arrangement shall be treated as a
husband with respect to such arrangement (referencing
the other party as such individual's spouse in
connection with such arrangement).
``(B) An arrangement between individuals of the same gender
shall be treated as a former marriage under subparagraph (A) in
connection with an application for benefits under this title
only if the Commissioner determines that such arrangement has
been dissolved under the laws of the State of domicile of the
applicant. In any case in which the Commissioner determines
that such an arrangement has been so dissolved--
``(i) the dissolution of such arrangement shall be
treated as a divorce with respect to such arrangement;
and
``(ii) each female individual who was a party to
such arrangement shall be treated as a divorced wife
with respect to such arrangement (referencing the other
party as such individual's divorced spouse in
connection with such arrangement) and each male
individual who was a party to such arrangement shall be
treated as a divorced husband with respect to such
arrangement (referencing the other party as the
applicant's divorced spouse in connection with such
arrangement).
``(C) In any case in which the Commissioner determines
that, after an individual entitled to a monthly insurance
benefit under section 202 became so entitled, such individual
and another individual of the same gender have entered into an
arrangement that constitutes a permanent partnership, such
arrangement shall be treated as a marriage of such individuals
for purposes of any provision of such section providing for
termination of such entitlement upon marriage or remarriage.
``(D) Upon receipt by the Commissioner of an application by
(or on behalf of) an individual for a benefit under this title
containing certification by (or on behalf of) the applicant,
submitted in such form and manner as shall be prescribed in
such regulations, that the applicant is a stepchild or adopted
child of an individual who is or was a party to an arrangement
consisting of a permanent partnership, if such arrangement is
treated as a marriage under subparagraph (A) and, under the
laws of the domicile of the applicant, the applicant is, at the
time of such application, treated as a stepchild or adopted
child of such party to such arrangement, the applicant shall be
treated as such a stepchild or adopted child of such party
(referencing such party as a parent of the applicant).
``(E) Upon receipt by the Commissioner of an application by
(or on behalf of) an individual for a benefit under this title
containing certification by (or on behalf of) the applicant,
submitted in such form and manner as shall be prescribed in
such regulations, that the applicant is or was a party to an
arrangement consisting of a permanent partnership and that the
applicant is a parent of an individual who is a stepchild or
adopted child of the applicant with respect to such
arrangement, if such arrangement is treated as a marriage under
subparagraph (A) and, under the laws of the domicile of the
applicant, the applicant is, at the time of such application,
treated as a parent of such individual with respect to such
arrangement, the applicant shall be treated as such a parent of
such individual (referencing such individual as a stepchild or
adopted child of the applicant).
``(2) For purposes of this subsection, the term `permanent
partnership' means, in connection with any individual, a committed,
intimate arrangement which is between such individual and another
individual who have both attained 18 years of age and which has been
recognized and certified as legally valid by the State of domicile of
the applicant, in any case in which--
``(A) each such individual intends a lifelong commitment to
the other;
``(B) such individuals are financially interdependent;
``(C) such individuals are unable to contract with each
other a marriage cognizable under this title (other than as
provided in this subsection);
``(D) each such individual is not a first, second, or third
degree blood relation of the other individual, and;
``(E) each such individual is neither married (within the
meaning of this title other than as provided in this
subsection) to, nor in a relationship described in the
preceding provisions of this paragraph with, any third
individual.
``(3) The Commissioner shall prescribe such regulations as are
necessary to carry out the provisions of this subsection. In
prescribing such regulations, the Commissioner shall take into account
the laws of the State of domicile of an applicant for benefits under
this title so as to ensure that such provisions, together with the
other provisions of this title as applied in accordance with this
subsection, are appropriately coordinated with each other and with the
laws of such State.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to monthly insurance benefits for months after November
2011 for which applications are filed after December 31, 2011, and with
respect to lump-sum death payments in connection with deaths occuring
after such date. | Equity in Social Security Act of 2010 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to authorize the treatment of permanent partnerships between individuals of the same gender as marriage for purposes of determining entitlement to OASDI benefits. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to provide for treatment of permanent partnerships between individuals of the same gender as marriage for purposes of determining entitlement to benefits under such title."} | 1,391 | 66 | 0.474012 | 1.214607 | 0.708562 | 2.730769 | 26.269231 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cheyenne River Sioux Tribe Equitable
Compensation Amendments Act of 2005''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds that--
(1) the Pick-Sloan Missouri River Basin program, authorized
by section 9 of the Act of December 22, 1944 (commonly known as
the ``Flood Control Act of 1944'') (58 Stat. 891), was intended
to promote the general economic development of the United
States;
(2) the Oahe Dam and Reservoir Project--
(A) is a major component of the Pick-Sloan Missouri
River Basin program; and
(B) contributes to the national economy;
(3) the Oahe Dam and Reservoir Project flooded the fertile
bottom land of the Cheyenne River Sioux Reservation, which
greatly damaged the economy and cultural resources of the
Cheyenne River Sioux Tribe and caused the loss of many homes
and communities of members of the Tribe;
(4) Congress has provided compensation to several Indian
tribes, including the Cheyenne River Sioux Tribe, that border
the Missouri River and suffered injury as a result of 1 or more
of the Pick-Sloan projects;
(5) on determining that the compensation paid to the
Cheyenne River Sioux Tribe was inadequate, Congress enacted the
Cheyenne River Sioux Tribe Equitable Compensation Act (Public
Law 106-511; 114 Stat. 2365), which created the Cheyenne River
Sioux Tribal Recovery Trust Fund; and
(6) that Act did not provide for additional compensation to
members of the Cheyenne River Sioux Tribe that lost land as a
result of the Oahe Dam and Reservoir Project.
(b) Purposes.--The purposes of this Act are--
(1) to provide that the Cheyenne River Sioux Tribal
Recovery Trust Fund may be used to provide compensation to
members of the Cheyenne River Sioux Tribe that lost land as a
result of the Oahe Dam and Reservoir Project; and
(2) to provide for the capitalization of the Cheyenne River
Sioux Tribal Recovery Trust Fund.
SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION.
(a) Findings and Purposes.--Section 102 of the Cheyenne River Sioux
Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365)
is amended--
(1) in subsection (a)(3), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) the United States did not justify, or fairly
compensate the Tribe and member landowners for, the
Oahe Dam and Reservation project, under which the
United States acquired 104,492 acres of land of the
Tribe and member landowners; and
``(B) the Tribe and member landowners should be
adequately compensated for that land;''; and
(2) in subsection (b)(1), by inserting ``and member
landowners'' after ``Tribe'' each place it appears.
(b) Definitions.--Section 103 of the Cheyenne River Sioux Tribe
Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is
amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(4) and (3), respectively, and moving the paragraphs so as to
appear in numerical order; and
(2) by inserting before paragraph (3) (as redesignated by
paragraph (1)) the following:
``(1) Member landowner.--The term `member landowner' means
a member of the Tribe (or an heir of such a member) that owned
land (including land allotted under the Act of February 8, 1887
(24 Stat. 388, chapter 119)) located on the Cheyenne River
Sioux Reservation that was acquired by the United States for
the Oahe Dam and Reservoir Project.
``(2) Power program.--The term `power program' means the
power program under the Pick-Sloan Missouri River Basin
program.''.
(c) Cheyenne River Sioux Tribal Recovery Trust Fund.--Section 104
of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public
Law 106-511; 114 Stat. 2365) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Funding.--
``(1) In general.--The Secretary of the Treasury shall
deposit into the Fund an amount equal to 25 percent of the
amount deposited into the Treasury from the power program
during the preceding fiscal year for the period--
``(A) beginning on October 1, 2004; and
``(B) ending on the last date of the fiscal year
during which the total amount deposited into the
Treasury from the power program equals the amount
described in paragraph (2).
``(2) Description of amount.--
``(A) In general.--The amount referred to in
paragraph (1)(B) is an amount equal to the sum of--
``(i) $290,722,958; and
``(ii) an amount equal to the amount of
interest or earnings that would have accrued on
the amount described in clause (i) if that
amount had been invested in accordance with
subsection (c) as of October 1, 2001.
``(B) Calculation of interest.--The amount of
interest and earnings described in subparagraph (A)(ii)
shall be determined by applying the Lehman Government
Bond Index (or a similar index, as determined by the
Secretary of the Treasury, in consultation with the
Tribal Council).'';
(2) in subsection (d)(1), by striking ``Beginning on the
first day of the 11th fiscal year after the date of enactment
of this Act'' and inserting ``Beginning on October 1, 2005,'';
and
(3) in subsection (f)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Member landowners.--
``(A) In general.--The plan may provide for the
payment of additional compensation to member landowners
for acquisition of land by the United States for use in
the Oahe Dam and Reservoir Project.
``(B) Provision of records.--To assist the Tribe in
processing claims of heirs of member landowners for
land acquired by the United States for use in the Oahe
Dam and Reservoir Project, the Secretary of the
Interior shall provide to the Tribe any record
requested by the Tribe to identify the heirs of member
landowners by the date that is 60 days after the date
of receipt of a request from the Tribe.''.
(d) Eligibility of Tribe for Certain Programs and Services.--
Section 105 of the Cheyenne River Sioux Tribe Equitable Compensation
Act (Public Law 106-511; 114 Stat. 2365) is amended in the matter
preceding paragraph (1) by inserting ``or any member landowner'' after
``Tribe''. | Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2005 - Amends the Cheyenne River Sioux Tribe Equitable Compensation Act to make member landowners eligible for the additional financial compensation provided to the Cheyenne River Sioux Tribe for the acquisition by the federal government of 104,492 acres of land of the Tribe and member landowners for the Oahe Dam and Reservoir project. Defines member landowner as a member of the Tribe (or an heir of such a member) that owned land on the Cheyenne River Sioux Reservation that was acquired by the United States for the Oahe Dam and Reservoir Project.
Directs the Secretary of the Treasury to deposit into the Cheyenne River Sioux Tribal Recovery Trust Fund an amount equal to 25% of the amount deposited into the Treasury from the power program during the preceding fiscal year for the period between October 1, 2004, and the last date of the fiscal year during which the total amount deposited into the Treasury from the power program equals a specified amount.
Authorizes the plan prepared for the use of payments to the Tribe to provide for payment of additional compensation to member landowners.
Requires the Secretary of the Interior to assist the Tribe in claims processing by providing any record requested to identify the heirs of member landowners within 60 days after receiving a request. | {"src": "billsum_train", "title": "To amend the Cheyenne River Sioux Tribe Equitable Compensation Act to provide compensation to members of the Cheyenne River Sioux Tribe for damage resulting from the Oahe Dam and Reservoir Project, and for other purposes."} | 1,641 | 307 | 0.618685 | 1.908626 | 0.651374 | 5.252101 | 5.94958 | 0.92437 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the recent outbreak of the harmful microbe Pfiesteria
piscicida in the coastal waters of the United States is one
example of potentially harmful algal blooms composed of
naturally occurring species that reproduce explosively and that
are increasing in frequency and intensity in the Nation's
coastal waters;
(2) other recent occurrences of harmful algal blooms
include red tides in the Gulf of Mexico and the Southeast;
brown tides in New York and Texas; ciguatera fish poisoning in
Hawaii, Florida, Puerto Rico, and the U.S. Virgin Islands; and
shellfish poisonings in the Gulf of Maine, the Pacific
Northwest, and the Gulf of Alaska;
(3) in recent years, harmful algal blooms have resulted in
massive fish kills, the deaths of numerous endangered West
Indian manatees, beach and shellfish bed closures, threats to
public health and safety, and concern among the public about
the safety of seafood;
(4) according to scientists, the factors causing or
contributing to harmful algal blooms may include excessive
nutrients in coastal waters, other forms of pollution, the
transfer of harmful species through ship ballast water, and
ocean currents;
(5) harmful algal blooms have been responsible for an
estimated $1,000,000,000 in economic losses during the past
decade;
(6) harmful algal blooms and blooms of non-toxic algal
species can also lead directly to other damaging marine
conditions such as hypoxia (reduced oxygen concentrations),
which are harmful or fatal to fish, shellfish, and benthic
organisms;
(7) according to the National Oceanic and Atmospheric
Administration in the Department of Commerce, 53 percent of
U.S. estuaries experience hypoxia for at least part of the year
and a 7,000 square mile area in the Gulf of Mexico off
Louisiana and Texas suffers from hypoxia, creating a massive
``dead zone'' during much of the year where little or no marine
life exists;
(8) according to scientists, the primary factor known to
cause hypoxia is excessive nutrient loading into coastal
waters;
(9) there is a strong need to identify more workable and
effective actions to reduce nutrient loadings to coastal
waters;
(10) the National Oceanic and Atmospheric Administration,
through its ongoing research, education, grant, and coastal
resource management programs, possesses a full range of
capabilities necessary to support a near and long-term
comprehensive effort to prevent, reduce, and control harmful
algal blooms and hypoxia;
(11) funding for the research and related programs of the
National Oceanic and Atmospheric Administration will aid in
improving the Nation's understanding and capabilities for
addressing the human and environmental costs associated with
harmful algal blooms and hypoxia; and
(12) other Federal agencies such as the Environmental
Protection Agency, the Department of Agriculture, and the
National Science Foundation, along with the States, Indian
tribes, and local governments, conduct important work related
to the prevention, reduction, and control of harmful algal
blooms and hypoxia.
SEC. 3. ACTION PLAN.
(a) Establishment of Inter-Agency Task Force.--The President,
through the Committee on Environment and Natural Resources of the
National Science and Technology Council, shall establish an Inter-
Agency Task Force on Harmful Algal Blooms and Hypoxia (hereinafter
referred to as the ``Task Force''). The Task Force shall consist of
representatives from--
(1) the Department of Commerce (who shall serve as Chairman
of the Task Force);
(2) the Environmental Protection Agency;
(3) the Department of Agriculture;
(4) the Department of the Interior;
(5) the Department of the Navy;
(6) the Department of Health and Human Services;
(7) the National Science Foundation;
(8) the National Aeronautics and Space Administration;
(9) the Office of Science and Technology Policy;
(10) the Council on Environmental Quality; and
(11) such other Federal agencies as the President considers
appropriate.
(b) Action Plan on Harmful Algal Blooms.--(1) Not later than 12
months after the date of enactment of this Act, the Task Force, in
consultation with the coastal States, Indian tribes, and local
governments, industry, academic institutions, and non-governmental
organizations with expertise in coastal zone management, shall develop
an action plan providing for a comprehensive, coordinated, and timely
Federal response to harmful algal blooms.
(2) The action plan shall--
(A) consist of actions that each Federal department or
agency represented on the Task Force shall take to prevent,
reduce, manage, mitigate, and control harmful algal blooms and
their environmental and public health impacts;
(B) prevent unnecessary duplication of effort among Federal
agencies and departments with respect to the actions in
subparagraph (A); and
(C) provide for Federal cooperation and coordination with
and assistance to the coastal States, Indian tribes, and local
governments in the prevention, reduction, management,
mitigation, and control of harmful algal blooms and their
environmental and public health impacts.
(c) Action Plan on Hypoxia.--(1) Not later than 12 months after the
date of enactment of this Act, the Task Force, in consultation with the
States, Indian tribes, local governments, industry, agricultural,
academic institutions, and non-governmental organizations with
expertise in watershed and coastal zone management, shall develop an
action plan providing for a comprehensive, coordinated, and timely
Federal response to hypoxia in U.S. coastal waters.
(2) The action plan shall--
(A) establish needs, priorities, and guidelines for a peer-
reviewed, interagency research program on the causes,
characteristics, and impacts of hypoxia, and on actions that
can be taken to prevent, reduce, manage, mitigate, and control
hypoxia;
(B) identify actions that each Federal department or agency
represented on the Task Force shall take to prevent, reduce,
manage, mitigate, and control hypoxia and its environmental
impacts;
(C) prevent unnecessary duplication of effort among Federal
agencies and departments with respect to the research and
actions in subparagraphs (A) and (B); and
(D) provide for Federal cooperation and coordination with
and assistance to the States, Indian tribes, and local
governments in the prevention, reduction, management,
mitigation, and control of hypoxia and its environmental
impacts.
(d) Annual Reports.-- Beginning 12 months after the date the action
plans in subsections (b) and (c) are published, the Task Force shall
submit 3 annual reports to the Congress and the President which--
(1) describe the progress of the departments and agencies
represented on the Task Force in implementing the actions
contained in the action plans;
(2) assess the effectiveness of the action plans to that
date in preventing, reducing, managing, mitigating, and
controlling harmful algal blooms and hypoxia;
(3) describe any changes to an action plan made or proposed
to improve the effectiveness of such plan; and
(4) contain any other information the Task Force may wish
to include.
(e) Disestablishment of Task Force.--The President may disestablish
the Task Force after submission of the third report in subsection (d).
SEC. 4. NORTHERN GULF OF MEXICO HYPOXIA.
(a) Assessment Report.--Not later than March 30, 1999, the Task
Force shall complete and submit to Congress and the President an
integrated assessment of hypoxia in the northern Gulf of Mexico that
examines: the distribution, dynamics, and causes; ecological and
economic consequences; sources and loads of nutrients transported by
the Mississippi River to the Gulf of Mexico; effects of reducing
nutrient loads; methods for reducing nutrient loads; and the social and
economic costs and benefits of such methods.
(b) Submission of a Plan.--No later than March 30, 2000, the
President shall develop and submit to Congress a plan, based on the
integrated assessment submitted under subsection (a), for reducing,
mitigating, and controlling hypoxia in the northern Gulf of Mexico. In
developing such plan, the President shall consult with State, Indian
tribe, and local governments, academic, agricultural, industry, and
environmental groups and representatives. At least 90 days before the
President submits such plan to the Congress, a summary of the proposed
plan shall be published in the Federal Register for a public comment
period of not less than 60 days.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for research, education, and management activities related to
the prevention, reduction, and control of harmful algal blooms and
hypoxia, $25,500,000 in each of fiscal years 1999, 2000, and 2001, to
remain available until expended. The Secretary shall consult with the
States on a regular basis regarding the development and implementation
of the activities authorized under this section. Of such amounts for
each fiscal year--
(1) $5,000,000 may be used to enable the National Oceanic
and Atmospheric Administration to carry out research and
assessment activities, including procurement of necessary
research equipment, at research laboratories of the National
Ocean Service and the National Marine Fisheries Service;
(2) $7,000,000 may be used to carry out the Ecology and
Oceanography of Harmful Algal Blooms (ECOHAB) project under the
Coastal Ocean Program established under section 201(c) of
Public Law 102-567;
(3) $3,000,000 may be used by the National Ocean Service of
the National Oceanic and Atmospheric Administration to carry
out a peer-reviewed research project on management measures
that can be taken to prevent, reduce, control, and mitigate
harmful algal blooms;
(4) $5,500,000 may be used to carry out Federal and State
annual monitoring and analysis activities for harmful algal
blooms administered by the National Ocean Service of the
National Oceanic and Atmospheric Administration; and
(5) $5,000,000 may be used for activities related to
research and monitoring on hypoxia by the National Ocean
Service and the Office of Oceanic and Atmospheric Research of
the National Oceanic and Atmospheric Administration.
SEC. 6. AMENDMENT TO NATIONAL SEA GRANT COLLEGE PROGRAM ACT.
Section 212(a) of the National Sea Grant College Program Act (33
U.S.C. 1131(a)) is amended by striking paragraph (2)(C) and inserting
the following:
``(C) up to $3,000,000 may be made available for
competitive grants for university research, education,
training, and advisory services on Pfiesteria piscicida and
other harmful algal blooms.''.
SEC. 7. AMENDMENT TO THE COASTAL ZONE MANAGEMENT ACT.
Section 318(a) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1464(a)) is amended--
(1) by striking ``and'' at the end of paragraph (1)(C);
(2) by striking the period at the end of paragraph (2)(C)
and inserting ``; and''; and
(3) by adding at the end thereof the following:
``(3) up to $2,000,000 for fiscal years 1999 and 2000 for
technical assistance under section 310 to support State
implementation and analysis of the effectiveness of measures to
prevent, reduce, mitigate, or control harmful algal blooms and
hypoxia.''. | Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 - Directs the President to establish an Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. Requires the Task Force to develop action plans on harmful algal blooms and on hypoxia. Directs the President to: (1) disestablish such Task Force after the submission of specified reports; and (2) submit a plan for reducing, mitigating, and controlling hypoxia in the northern Gulf of Mexico.
Authorizes appropriations to the Secretary of Commerce for research, education, and management activities related to prevention, reduction, and control of harmful algal blooms and hypoxia.
Amends the: (1) National Sea Grant College Program Act to expand the purposes for which a specified sum may be used for competitive grants for research on Pfiesteria piscicida and other harmful algal blooms; and (2) Coastal Zone Management Act to authorize appropriations for grants for technical assistance to support State implementation and analysis of the effectiveness of measures to prevent, reduce, mitigate, or control harmful algal blooms and hypoxia. | {"src": "billsum_train", "title": "Harmful Algal Bloom and Hypoxia Research and Control Act of 1998"} | 2,463 | 245 | 0.54378 | 1.622982 | 0.769664 | 5.1133 | 11.472906 | 0.926108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Development and Debt
Relief Act of 1993''.
TITLE I--INTERNATIONAL DEVELOPMENT ASSOCIATION
SEC. 101. TENTH REPLENISHMENT.
The International Development Association Act (22 U.S.C. 284-284s)
is amended by adding at the end the following:
``SEC. 22. TENTH REPLENISHMENT.
``(a) Authority to Agree to Replenishment Resolution.--The United
States Governor may, on behalf of the United States, agree to the
resolution of the Association entitled `Additions to IDA Resources:
Tenth Replenishment'.
``(b) Contribution Authority.--The United States Governor may, on
behalf of the United States, contribute funds to the Association to pay
2 annual installments of the subscription and contribution of the
United States in accordance with the resolution specified in subsection
(a), subject to obtaining the necessary appropriations.
``(c) Limitations on Authorization of Appropriations.--In order to
pay for the United States contribution authorized by subsection (b),
there are authorized to be appropriated for payment by the Secretary of
the Treasury $2,500,000,000, without fiscal year limitation.''.
SEC. 102. ADVOCACY OF CERTAIN POLICIES.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p-262p-5) is amended by redesignating
section 1620 as section 1621 and by inserting after section 1619 the
following:
``SEC. 1620. ADVOCACY OF CERTAIN POLICIES.
``The Secretary of the Treasury shall instruct the United States
Executive Directors of the International Bank for Reconstruction and
Development and the International Development Association to use the
voices and votes of the Executive Directors to encourage vigorously
their respective institutions to--
``(1) develop new methodologies and indicators to evaluate
adequately the effectiveness of the projects and programs of
the respective institution in improving, on a sustainable
basis, the standard of living of the poorest segments of the
populations of the borrowing countries, including methodologies
and indicators to evaluate the impact of the Program of
Targeted Interventions (PTI);
``(2) increase the amount of resources of the respective
institution devoted to the projects and programs identified as
most effective by the methodologies and indicators referred to
in paragraph (1), and as part of this effort, expand
significantly the percentage of International Development
Association investment lending included in the Program of
Targeted Interventions;
``(3) include affected populations, local governments, and
nongovernmental organizations in all phases of the project
cycle, from project identification to post-project evaluation;
``(4) include the economic empowerment of women as a factor
in evaluating the projects and programs of the respective
institution;
``(5) encourage borrowing countries to redirect military
expenditures to fund investments in human capital, including
measures that promote education, training, and health;
``(6) evaluate adequately, through environmental impact
assessments, the effect on the environment and nonrenewable
resource base of recipients' economic growth strategies and the
structural adjustment and sector lending programs of the
respective institution;
``(7) maintain or expand debt relief programs; and
``(8) promote good governance and the rule of law in
borrowing countries, by promoting fair and workable laws that
are--
``(A) necessary for economic development, private
sector development, and human rights;
``(B) fully communicated to the public; and
``(C) administered by an independent and well-
trained judiciary.''.
(b) Reports to the Congress.--Not later than September 30, 1994,
and not later than September 30, 1995, the Secretary of the Treasury
shall submit to the Committee on Banking, Finance and Urban Affairs of
the House of Representatives and the Committee on Foreign Relations of
the Senate reports on the efforts made pursuant to section 1620 of the
International Financial Institutions Act, and the results of such
efforts.
SEC. 103. USE OF LOANS FOR MILITARY DEMOBILIZATION.
Title XVI of the International Financial Institutions Act (22
U.S.C. 262p-262p-5), as amended by section 102 of this Act, is amended
by redesignating section 1621 as section 1622 and by inserting after
section 1620 the following:
``SEC. 1621. USE OF LOANS FOR MILITARY DEMOBILIZATION.
``The Secretary of the Treasury shall instruct the United States
Executive Director of the International Development Association to use
the voice and vote of the Executive Director to encourage the
Association to emphasize the importance of facilitating the
demobilization of military forces.''.
TITLE II--ASIAN DEVELOPMENT FUND
SEC. 201. FIFTH REPLENISHMENT.
The Asian Development Bank Act (22 U.S.C. 285-285aa) is amended by
adding at the end the following:
``SEC. 31. FIFTH REPLENISHMENT.
``(a) Authority to Agree to Replenishment Resolution.--The United
States Governor may, on behalf of the United States, agree to the
resolution of the Bank entitled `Fifth Replenishment of the Asian
Development Fund and Second Regularized Replenishment of the Technical
Assistance Special Fund'.
``(b) Contribution Authority.--The United States Governor may, on
behalf of the United States, contribute funds to the Asian Development
Fund, a special fund of the Bank, for the subscription and contribution
of the United States in accordance with the resolution specified in
subsection (a), subject to obtaining the necessary appropriations.
``(c) Limitations on Authorization of Appropriations.--In order to
pay for the United States contribution authorized by subsection (b),
there are authorized to be appropriated for payment by the Secretary of
the Treasury $680,000,000 without fiscal year limitation.''.
TITLE III--GLOBAL ENVIRONMENT FACILITY
SEC. 301. GLOBAL ENVIRONMENT FACILITY.
The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended
by adding at the end the following:
``SEC. 61. GLOBAL ENVIRONMENT FACILITY.
``(a) Contribution Authorized.--The Secretary of the Treasury may
contribute to the Global Environment Facility $30,810,000, subject to
obtaining the necessary appropriations.
``(b) Limitations on Authorization of Appropriations.--In order to
pay for the United States contribution provided for in subsection (a),
there are authorized to be appropriated for payment by the Secretary of
the Treasury, $30,810,000 without fiscal year limitation, if, not later
than September 30, 1994, the Secretary of the Treasury has certified
that--
``(1) the Facility has established clear procedures
ensuring public availability of documentary information on all
Facility projects and associated projects of the Facility
implementing agencies;
``(2) the Facility has established clear procedures
ensuring that affected peoples in recipient countries are
consulted on all aspects of identification, preparation, and
implementation of Facility projects; and
``(3) the Facility governance process will provide for
contributor country oversight of individual projects in the
work program, and specific provisions will be established for
the participation of nongovernmental organizations in all
phases of the project cycle, including identification,
appraisal, implementation, and evaluation.''.
TITLE IV--REGIONAL MULTILATERAL DEVELOPMENT BANKS
SEC. 401. ADVOCACY OF CERTAIN POLICIES.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p-262p-5), as amended by sections 102
and 103 of this Act, is amended by redesignating section 1622 as
section 1623 and by inserting after section 1621 the following:
``SEC. 1622. ADVOCACY OF CERTAIN POLICIES.
``The Secretary of the Treasury shall instruct the United States
Executive Directors of each regional multilateral development bank and
of the European Bank for Reconstruction and Development to use their
voices and votes to encourage vigorously their respective institutions
to--
``(1) develop new methodologies to evaluate adequately the
effectiveness of projects and programs of the respective
institution in improving, on a sustainable basis, the standard
of living of the poorest segments of the populations of the
borrowing countries, and increase the amount of resources of
the respective institution devoted to the projects and programs
identified as most effective;
``(2) include affected populations, local governments, and
nongovernmental organizations in all phases of the project
cycle, from project identification to post-project evaluation;
``(3) include the economic empowerment of women as a factor
in evaluating projects and programs of the respective
institution;
``(4) encourage borrowing countries to redirect military
expenditures to fund investments in human capital, including
measures that promote education, training, and health;
``(5) evaluate adequately, through environmental impact
assessments, the effect on the environment and nonrenewable
resource base of recipients' economic growth strategies and
structural adjustment and sector lending programs of the
respective institution; and
``(6) support the development of the private sector of
borrowing countries.''.
(b) Reports to the Congress.--Not later than September 30, 1994,
and not later than September 30, 1995, the Secretary of the Treasury
shall submit to the Committee on Banking, Finance and Urban Affairs of
the House of Representatives and the Committee on Foreign Relations of
the Senate reports on the efforts made pursuant to section 1622 of the
International Financial Institutions Act, and the results of such
efforts.
SEC. 402. OPPOSITION TO LOANS FOR VIETNAM.
Title XVI of the International Financial Institutions Act (22
U.S.C. 262p-262p-5), as amended by sections 102, 103, and 401 of this
Act, is amended by redesignating section 1623 as section 1624 and by
inserting after section 1622 the following:
``SEC. 1623. OPPOSITION TO LOANS FOR VIETNAM.
``The Secretary of the Treasury shall instruct the United States
Executive Directors of the International Development Association, the
International Bank for Reconstruction and Development, the Asian
Development Bank, and the Asian Development Fund to use the voices and
votes of the Executive Directors, respectively, to oppose any loan to
Vietnam except for basic human needs, until the President certifies to
the Congress that acceptable progress has been made toward the fullest
possible accounting of all Americans still prisoner, missing, and
unaccounted for in Southeast Asia, through, inter alia, access to--
``(1) all pertinent records of Group 875 of the General
Political Directorate;
``(2) all pertinent records of Group 559;
``(3) all photographs and negatives relating to such
Americans;
``(4) all grave registrations relating to such Americans;
``(5) all documents indicating that Vietnam knew of any
American remains;
``(6) any supporting documents that confirm or deny the
1205 Russian document; and
``(7) any other remaining archival information relating to
such Americans.''.
TITLE V--SPECIAL DEBT RELIEF
SEC. 501. SPECIAL DEBT RELIEF FOR THE POOREST, MOST HEAVILY INDEBTED
COUNTRIES.
(a) Debt Reduction Authority.--The President may reduce amounts of
principal and interest owed by any eligible country to the Export-
Import Bank of the United States as a result of loans or guarantees
made under the Export-Import Bank Act of 1945.
(b) Limitations.--
(1) Types of debt reduction.--The authority provided by
subsection (a) may be exercised only to implement multilateral
agreements to reduce the burden of official bilateral debt as
set forth in the minutes of the so-called ``Paris Club'' (also
known as ``Paris Club Agreed Minutes'').
(2) Eligible countries.--
(A) Definition.--As used in subsection (a), the
term ``eligible country'' means any country that--
(i) has excessively burdensome external
debt;
(ii) is eligible to borrow from the
International Development Association; and
(iii) is not eligible to borrow from the
International Bank for Reconstruction and
Development.
(B) Determinations.--Subject to subparagraph (A),
the President may determine whether a country is an
eligible country for purposes of subsection (a).
(C) Authority to exclude countries with
unacceptable human rights records or excessive military
expenditures.--Notwithstanding subparagraphs (A) and
(B), a country shall not be an eligible country for
purposes of subsection (a) if, in the sole discretion
of the President, the President determines that--
(i) the human rights record of the country
is unacceptable; or
(ii) the level of military expenditures by
the country is excessive.
(3) Appropriations.--The authority provided by subsection
(a) may be exercised only in such amounts or to such extent as
is provided in advance in appropriations Acts.
(c) Limitations on Authorization of Appropriations.--For debt
reduction pursuant to this section, there are authorized to be
appropriated to the President $48,300,000, without fiscal year
limitation, except that not more than $11,500,000 may be so
appropriated for fiscal year 1994.
(d) The Congress encourages the President to use the amounts
appropriated pursuant to subsection (c) to reduce the bilateral debt of
any eligible country in accordance with the so-called ``Trinidad
Terms''.
TITLE VI--MEASURES OF MILITARY SPENDING
SEC. 601. JOINT DEVELOPMENT OF MEASURES OF MILITARY SPENDING.
Section 60 of the Bretton Woods Agreements Act (22 U.S.C. 286mm) is
amended--
(1) in subsection (a)--
(A) in the heading, by striking ``by the Fund'';
(B) in paragraph (1)--
(i) by striking ``Director of the Fund''
and inserting ``Directors of the Fund and of
the Bank'';
(ii) by striking ``urge the Fund, in
consultation with the Bank, to continue to
develop'' and inserting ``urge the Fund and the
Bank to cooperate and coordinate in the
continued development of''; and
(iii) by inserting ``, and in the reporting
of such levels'' before the period; and
(C) in paragraph (2), by inserting ``and the Bank''
after ``Fund''; and
(2) in subsection (b)--
(A) by striking ``by Fund'';
(B) by striking ``Director of the Fund'' and
inserting ``Directors of the Fund and of the Bank'';
(C) by striking ``urge the Fund'' and inserting
``urge the Fund and the Bank'';
(D) by striking ``Board of the Fund'' and inserting
``Boards of the Fund and of the Bank, respectively,'';
and
(E) by striking ``estimate by the Fund'' and
inserting ``joint estimate of the Fund and the Bank''. | TABLE OF CONTENTS:
Title I: International Development Association
Title II: Asian Development Fund
Title III: Global Environment Facility
Title IV: Regional Multilateral Development Banks
Title V: Special Debt Relief
Title VI: Measures of Military Spending
International Development and Debt Relief Act of 1993 -
Title I: International Development Association
- Amends the International Development Association Act to authorize appropriations for the tenth replenishment of the International Development Association (IDA).
(Sec. 102) Amends the International Financial Institutions Act to require the Secretary of the Treasury to encourage the U.S. executive directors of the IDA and the International Bank for Reconstruction and Development (World Bank) to advocate, and to report to specified congressional committees on, policies regarding improvements in the borrowing country's standard of living, involvement of local populations in projects, economic empowerment of women, redirection of military expenditures, environmental protection, debt relief, and support for the rule of law.
(Sec. 103) Requires the Secretary to instruct the U.S. executive director of the IDA to encourage the IDA to emphasize the importance of facilitating the demobilization of military forces.
Title II: Asian Development Fund
- Amends the Asian Development Bank Act to authorize appropriations for specified replenishments of the Asian Development Fund.
Title III: Global Environment Facility
- Amends the Bretton Woods Agreements Act to authorize appropriations for the U.S. contribution to the Global Environment Facility, subject to a specified certification by the Secretary.
Title IV: Regional Multilateral Development Banks
- Requires the Secretary to instruct the U.S. executive directors of each regional multilateral development bank and the European Bank for Reconstruction and Development to advocate, and to report to specified congressional committees on, policies regarding improvements in the borrowing country's standard of living, involvement of local populations in projects, economic empowerment of women, the redirection of military expenditures, environmental impact assessments, and development of the private sector.
(Sec. 402) Requires the Secretary to instruct the U.S. executive directors of the IDA, the World Bank, the Asian Development Bank, and the Asian Development Fund to oppose any loan to Vietnam, except for basic human needs, until the President certifies to the Congress that progress has been made toward the fullest accounting of all Americans still prisoner, missing, and unaccounted for in Southeast Asia through access to specified records.
Title V: Special Debt Relief
- Authorizes the President to reduce debt owed by an eligible country as a result of Export-Import Bank loans or guarantees in order to implement the Paris Club minutes (multilateral debt reduction agreements).
Defines an "eligible country" as a country that has burdensome external debt and is eligible to borrow from the IDA, but not from the World Bank. Excludes countries that have unacceptable human rights records or excessive military expenditures.
Authorizes appropriations.
Title VI: Measures of Military Spending
- Provides for joint development and reporting on measures to reduce military spending by developing nations by the International Monetary Fund and the World Bank (currently, the Fund is solely responsible for developing such measures). | {"src": "billsum_train", "title": "International Development and Debt Relief Act of 1993"} | 3,385 | 691 | 0.598151 | 2.135779 | 0.559958 | 2.799669 | 4.971854 | 0.862583 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assure Access to Mammography Act of
2001''.
TITLE I--ENHANCED REIMBURSEMENT FOR SCREENING MAMMOGRAPHY UNDER THE
MEDICARE PROGRAM
SEC. 101. ENHANCED REIMBURSEMENT UNDER THE MEDICARE PROGRAM FOR
SCREENING MAMMOGRAPHIES FURNISHED IN 2002.
(a) One-Year Delay of Inclusion of Payment for Screening
Mammography in Physician Fee Schedule.--Section 104(c) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as
enacted into law by section 1(a)(6) of Public Law 106-554) is amended
by striking ``January 1, 2002'' and inserting ``January 1, 2003''.
(b) Change in Payment Amount.--Section 1834(c)(3)(A) of the Social
Security Act (42 U.S.C. 1395m(c)(3)(A)) is amended--
(1) in the heading, by striking ``$55, indexed.--'' and
inserting ``In general.--'';
(2) in clause (i), by striking ``and'' at the end;
(3) in clause (ii)--
(A) by striking ``a subsequent year'' and inserting
``1992 through 2001,''; and
(B) by striking ``that subsequent year.'' and
inserting ``that year, and''; and
(4) by adding at the end the following new clause:
``(iii) for screening mammography performed
in 2002, is $90.''.
(c) Effective Dates.--
(1) BIPA amendment.--The amendment made by subsection (a)
shall take effect as if included in the enactment of section
104 of the Medicare, Medicaid, and SCHIP Benefits Improvement
and Protection Act of 2000 (as enacted into law by section
1(a)(6) of Public Law 106-554).
(2) Mammography in 2002.--The amendments made by subsection
(b) shall apply with respect to screening mammographies
furnished during 2002.
(d) Construction.--Nothing in this section shall be construed as
affecting the provisions of section 104(d) of the Medicare, Medicaid,
and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted
into law by section 1(a)(6) of Public Law 106-554) (relating to payment
for new technologies).
TITLE II--EXPANDED CAPACITY FOR MAMMOGRAPHY SERVICES
SEC. 201. NOT COUNTING CERTAIN RADIOLOGY RESIDENTS AGAINST GRADUATE
MEDICAL EDUCATION LIMITATIONS.
For cost reporting periods beginning on or after October 1, 2001,
and before October 1, 2006, in applying the limitations regarding the
total number of full-time equivalent residents in the field of
allopathic or osteopathic medicine under subsections (d)(5)(B)(v) and
(h)(4)(F) of section 1886 of the Social Security Act (42 U.S.C. 1395ww)
for a hospital, the Secretary of Health and Human Services shall not
take into account a maximum of 3 residents in the field of radiology to
the extent the hospital increases the number of radiology residents
above the number of such residents for the hospital's most recent cost
reporting period ending before October 1, 2001.
SEC. 202. ALLIED HEALTH PROFESSIONAL FUNDING.
Section 757 of the Public Health Service Act (42 U.S.C. 294g) is
amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) In General.--There are authorized to be appropriated to carry
out this part--
``(1) $55,600,000 for fiscal year 1998;
``(2) such sums as may be necessary for each of the fiscal
years 1999 through 2001;
``(3) $70,600,000 for fiscal year 2002; and
``(4) such sums as may be necessary for fiscal year 2003
and each subsequent fiscal year.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking ``, 754, and
755.'' and inserting ``and 754; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) not less than $15,000,000 for awards of
grants and contracts under section 755.''.
TITLE III--STUDIES AND REPORTS ON MEDICARE REIMBURSEMENT FOR GENDER-
SPECIFIC AND SCREENING SERVICES
SEC. 301. GAO STUDY AND REPORT ON MEDICARE REIMBURSEMENT FOR GENDER-
SPECIFIC SERVICES.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the relative value units established by the
Secretary of Health and Human Services under the medicare physician fee
schedule under section 1848 of the Social Security Act (42 U.S.C.
1395w-4) for physicians' services that are gender-specific.
(b) Report.--Not later than December 31, 2001, the Comptroller
General shall submit to Congress a report on the study conducted under
subsection (a), together with such recommendations regarding the
appropriateness of adjusting the relative value units for physicians'
services that are gender-specific as the Comptroller General determines
appropriate.
SEC. 302. MEDPAC STUDY AND REPORT ON MEDICARE REIMBURSEMENT FOR
SCREENING SERVICES.
(a) Study.--The Medicare Payment Advisory Commission shall conduct
a study of the relative value units established by the Secretary of
Health and Human Services under the medicare physician fee schedule
under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for
screening services that are reimbursed under such fee schedule.
(b) Report.--Not later than March 1, 2002, the Commission shall
submit to Congress a report on the study conducted under subsection
(a), together with such recommendations regarding the appropriateness
of adjusting the relative value units for screening services that are
reimbursed under the physician fee schedule as the Comptroller General
determines appropriate. | Assure Access to Mammography Act of 2001 - Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 to delay until 2003 the inclusion of payment for screening mammography in the Medicare physician fee schedule.Amends title XVIII (Medicare) of the Social Security Act to provide for a change in the payment amount for screening mammography performed in 2002 under Medicare.Provides that, for cost reporting periods between October 1, 2001, and October 1, 2006, in applying the limitations regarding the total number of full-time equivalent residents in the field of allopathic or osteopathic medicine under Medicare for a hospital, the Secretary of Health and Human Services shall not take into account a maximum of three residents in the field of radiology to the extent the hospital increases the number of radiology residents above the number of such residents for the hospital's most recent cost reporting period ending before October 1, 2001.Amends the Public Health Service Act to revise authorization of appropriations and allocation provisions with regard to interdisciplinary, community-based linkages, with changes establishing a specified authorization of appropriations for FY 2002 and a specified amount to be available for awards of grants and contracts under provisions on allied health and other disciplines.Directs the Comptroller General to study the relative value units established by the Secretary of Health and Human Services under the Medicare physician fee schedule for physicians' services that are gender-specific.Directs the Medicare Payment Advisory Commission to study the relative value units established by the Secretary under the such fee schedule for screening services that are reimbursed under it. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide enhanced reimbursement for, and expanded capacity to, mammography services under the medicare program, and for other purposes."} | 1,468 | 345 | 0.599214 | 1.801793 | 0.667656 | 5.681507 | 3.976027 | 0.886986 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Freedom Peace Tax Fund
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The framers of the United States Constitution,
recognizing free exercise of religion as an inalienable right,
secured its protection in the First Amendment of the
Constitution; and Congress reaffirmed it in the Religious
Freedom Restoration Act of 1993, which restores the compelling
interest by prohibiting the government from imposing a
substantial burden on the free exercise of religion unless it
demonstrates that application of the burden is the least
restrictive means of achieving a compelling governmental
interest.
(2) Many people (Quakers, Mennonite, church of the
Brethren) and others immigrated to this country expressly to
escape religious persecution for their pacifist beliefs, yet in
world War I hundreds of conscientious objectors were imprisoned
for their beliefs. Seventeen were sentenced to death, 142 were
sentenced to life terms, and 345 received sentences of 16.5
years. None of the death sentences were carried out, but 16
conscientious objectors died in prison as a result of
mistreatment.
(3) In World War II, Congress and the Administration
recognized ``alternative civilian service'' in lieu of military
service, in the Selective Training and Service Act of 1940 to
accommodate a wide spectrum of religious beliefs and practices.
Subsequent case law also has expanded these exemptions. This
statutory policy has been characterized in case law as a ``long
standing tradition in this country'' and one with roots
``deeply embedded in history.'' (Welsh v. United States, 1970)
During World War II thousands of conscientious objectors
provided essential staff for mental hospitals and volunteered
as human test subjects for arduous medical experiments, and
provided other service for the national health, safety and
interest.
(4) For more than 3 decades, these taxpayers sought legal
relief from either having their homes, livestock, automobiles,
and other property seized; bank accounts attached; wages
garnished; fines imposed; and threat of imprisonment for
failure to pay; or violating their consciences.
(5) Conscientious objection to participation in military
service based upon moral, ethical, or religious beliefs is
recognized in Federal law, with provision for alternative
service; but no such provision exists for taxpayers who are
conscientious objectors who must labor for many weeks each year
to pay taxes and to support military activities which violate
their deeply held beliefs.
(6) The Joint Committee on Taxation has certified that a
tax trust fund, providing for conscientious objector taxpayers
to pay their full taxes for non-military purposes, would
increase Federal revenues.
SEC. 3. DEFINITIONS.
(a) Designated Conscientious Objector.--For purposes of this Act,
the term ``designated conscientious objector'' means a taxpayer who is
opposed to participation in war in any form based upon the taxpayer's
deeply held moral, ethical, or religious beliefs or training (within
the meaning of the Military Selective Service Act (50 U.S.C. App. 450
et seq.)), and who has certified these beliefs in writing to the
Secretary of the Treasury in such form and manner as the Secretary
provides.
(b) Military Purpose.--For purposes of this Act, the term
``military purpose'' means any activity or program which any agency of
the Government conducts, administers, or sponsors and which effects an
augmentation of military forces or of defensive and offensive
intelligence activities, or enhances the capability of any person or
nation to wage war, including the appropriation of funds by the United
States for--
(1) the Department of Defense;
(2) the Central Intelligence Agency;
(3) the National Security Council;
(4) the Selective Service System;
(5) activities of the Department of Energy that have a
military purpose;
(6) activities of the National Aeronautics and Space
Administration that have a military purpose;
(7) foreign military aid; and
(8) the training, supplying, or maintaining of military
personnel, or the manufacture, construction, maintenance, or
development of military weapons, installations, or strategies.
SEC. 4. RELIGIOUS FREEDOM PEACE TAX FUND.
(a) Establishment.--The Secretary of the Treasury shall establish
an account in the Treasury of the United States to be known as the
``Religious Freedom Peace Tax Fund'', for the deposit of income, gift,
and estate taxes paid by or on behalf of taxpayers who are designated
conscientious objectors. The method of deposit shall be prescribed by
the Secretary of the Treasury in a manner that minimizes the cost to
the Treasury and does not impose an undue burden on such taxpayers.
(b) Use of Religious Freedom Peace Tax Fund.--Funds in the
Religious Freedom Peace Tax Fund shall be allocated annually to any
appropriation not for a military purpose.
(c) Report.--The Secretary of the Treasury shall report to the
Committees on Appropriations of the House of Representatives and the
Senate each year on the total amount transferred into the Religious
Freedom Peace Tax Fund during the preceding fiscal year and the
purposes for which such amount was allocated in such preceding fiscal
year. Such report shall be printed in the Congressional Record upon
receipt by the Committees.
(d) Sense of Congress.--It is the sense of Congress that any
increase in revenue to the Treasury resulting from the creation of the
Religious Freedom Peace Tax Fund shall be allocated in a manner
consistent with the purposes of the Fund. | Religious Freedom Peace Tax Fund Act - Directs the Secretary of the Treasury to establish in the Treasury the Religious Freedom Peace Tax Fund for the deposit of income, gift, and estate taxes paid by or on behalf of taxpayers: (1) who are designated conscientious objectors opposed to participation in war in any form based upon the taxpayer's deeply held moral, ethical, or religious beliefs or training (within the meaning of the Military Selective Service Act); and (2) who have certified these beliefs in writing.Requires that funds in the Religious Freedom Peace Tax Fund be allocated annually to any appropriation not for a military purpose. Expresses the sense of Congress that any revenue increase resulting from the creation of the Religious Freedom Peace Tax Fund shall be allocated in a manner consistent with the purposes of the Fund. | {"src": "billsum_train", "title": "To affirm the religious freedom of taxpayers who are conscientiously opposed to participation in war, to provide that the income, estate, or gift tax payments of such taxpayers be used for nonmilitary purposes, to create the Religious Freedom Peace Tax Fund to receive such tax payments, to improve revenue collection, and for other purposes."} | 1,226 | 172 | 0.521439 | 1.633604 | 0.749604 | 6.929032 | 7.232258 | 0.980645 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Indian Trust Fund
Management Reform Act Amendments''.
SEC. 2. DEFINITIONS.
Section 2 of the American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4001) is amended by adding at the end the following:
``(7) The term `Commission' means the Indian Trust Reform
Commission established under section 303.''.
SEC. 3. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS, INDIAN TRUST
REFORM COMMISSION.
(a) Office of Special Trustee for American Indians.--
(1) In general.--Section 302 of the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C. 4042) is amended
by striking subsection (c) and inserting the following:
``(c) Term of Special Trustee.--The Special Trustee shall serve for
a term of 2 years.''.
(2) Conforming amendment.--Section 306 of the American
Indian Trust Fund Management Reform Act (25 U.S.C. 4046) is
amended by striking subsection (d).
(b) Indian Trust Reform Commission.--Section 302 of the American
Indian Trust Fund Management Reform Act (25 U.S.C. 4042) is amended by
adding at the end the following:
``(d) Indian Trust Fund Reform Commission.--
``(1) Establishment.--There is established the Indian Trust
Fund Reform Commission.
``(2) Membership.--The Commission shall be composed of the
following members:
``(A) One member appointed by the Majority Leader
of the Senate.
``(B) One member appointed by the Minority Leader
of the Senate.
``(C) One member appointed by the Speaker of the
House of Representatives.
``(D) One member appointed by the Minority Leader
of the House of Representatives.
``(E) One member appointed by the Secretary of the
Interior.
``(3) Consultation.--Before making an appointment under
paragraph (2), each individual referred to in subparagraphs (A)
through (D) shall consult with each other individual referred
to in those subparagraphs to achieve, to the maximum extent
practicable, fair and equitable representation of different
interests, with resect to the matters to be studied by the
commission, including the interests of Indian tribes,
appropriate intertribal organizations, and individual Indian
account holders.
``(4) Qualifications of members.--
``(A) In general.--Each individual appointed as a
member under paragraph (2) shall--
``(i) have legal, accounting, regulatory,
or administrative experience with respect to
trust assets and accounts or comparable
experience in tribal government; or
``(ii) at the time of the appointment, be
an individual who is serving as a member of the
advisory board established under section
306(a).
``(B) Concurrent membership.--A member of the
advisory board referred to in subparagraph (A)(ii) may
serve concurrently as a member of the Commission.
``(5) Chairperson.--Not later than the date on which a
majority of the members of the Commission have been appointed
(but not later than 75 days after the date of enactment of this
subsection) a chairperson of the Commission shall be selected a
consensus or majority decision made by the Secretary of the
Interior, the Speaker of the House of Representatives, and the
Majority Leader of the Senate.
``(6) Initial appointments; period of appointment; and
vacancies.--
``(A) Initial appointments.--The initial
appointment of the members of the Commission shall be
made not later than 60 days after the date of enactment
of this subsection.
``(B) Period of appointment.--Members shall be
appointed for the life of the Commission.
``(C) Vacancies.--Any vacancy in the Commission
shall not affect its powers, but shall be filled in the
same manner as the original appointment, but not later
than 60 days after the date on which the vacancy
occurs.
``(7) Initial meeting.--Not later than 30 days after the
date on which a majority of the members of the Commission have
been appointed, the Commission shall hold its first meeting.
``(8) Meetings.--The Commission shall meet at the call of
the Chairman.
``(9) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
``(10) Duties of the commission.--The Commission shall
carry out the duties of the Commission specified in section
303(a).
``(11) Powers of the commission.--
``(A) Hearings.--The Commission may hold such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the
Commission considers advisable to carry out the duties
of the Commission under this Act.
``(B) 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 duties of the
Commission under this subsection. Upon request of the
Chairman of the Commission, the head of such department
or agency shall furnish such information to the
Commission.
``(12) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
``(13) Gifts.--The Commission may accept, use, and dispose
of gifts or donations of services or property.
``(14) Commission personnel matters.--
``(A) Compensation of members.--Each member of the
Commission who is not an officer or employee of the
Federal Government shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which such member is
engaged in the performance of the duties of the
Commission. All members of the Commission who are
officers or employees of the United States shall serve
without compensation in addition to that received for
their services as officers or employees of the United
States.
``(B) Travel expenses.--The members of the
Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from
their homes or regular places of business in the
performance of services for the Commission.
``(15) Staff.--
``(A) In general.--The Chairman may, without regard
to the civil service laws and regulations, appoint and
terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by
the Commission.
``(B) Compensation.--The Chairman may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of
pay for the executive director and other personnel may
not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
``(C) Detail of government employees.--Any Federal
Government employee may be detailed to the Board
without reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
``(D) Procurement of temporary and intermittent
services.--The Chairman may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do
not exceed the daily equivalent of the annual rate of
basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.''.
SEC. 4. REINVENTION STRATEGY.
Section 303 of the American Indian Trust Fund Management Act of
1994 (25 U.S.C. 4043) is amended by striking subsection (a) and
inserting the following:
``(a) In General.--
``(1) Reinvention strategy.--
``(A) In general.--Not later than 180 days after a
majority of the members of the Commission have been
appointed, the Commission, in consultation with Indian
tribes and appropriate Indian organizations, shall
prepare for submission to the individuals and entities
specified in subparagraph (C) in accordance with
subparagraph (B) a recommended reinvention strategy for
all phases of the trust management business cycle that
ensures the proper and efficient discharge of the trust
responsibility of the Federal Government to Indian
tribes and individual Indians in compliance with this
title.
``(B) Adoption.--Not later than 90 days after the
date specified in subparagraph (A), the Commission
shall--
``(i)(I) meet to consider the reinvention
strategy developed under subparagraph (A); and
``(II)(aa) take a vote concerning the
adoption of the reinvention strategy for
recommendation to the individuals and entities
specified in subparagraph (C), and adopt for
recommendation the reinvention strategy if it
is approved by a majority vote; or
``(bb) modify the reinvention strategy, and
if the modified reinvention strategy is
approved by a majority vote, adopt the modified
reinvention strategy for recommendation to the
individuals and entities specified in
subparagraph (C); and
``(ii) submit a recommended reinvention
strategy to the individuals and entities
specified in subparagraph (C).
``(C) Individuals and entities.--The individuals
and entities referred to in subparagraphs (A) and (B)
are as follows:
``(i) The advisory commission established
under section 306(a).
``(ii) The Secretary.
``(iii) The Committee on Resources of the
House of Representatives.
``(iv) The Committee on Indian Affairs of
the Senate.
``(2) Reinvention strategy requirements.--
``(A) In general.--In preparing the reinvention
strategy under this subsection, the Commission shall
explicitly consider and include in the report to the
individuals and entities described in paragraph (1)(C)
findings concerning the following options for
fulfilling the obligations of the Federal Government
(including the trust obligations of the Federal
Government) to Indian tribes and individual Indian
account holders:
``(i) The creation of a Government-
sponsored enterprise or a federally chartered
corporation to undertake some or all of the
management, accounting, or other parts of the
trust management business cycle.
``(ii) The use of existing or expanded
authority under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et
seq.) to undertake some or all of the
management, accounting, or other parts of the
trust management business cycle.
``(iii) Requiring the Secretary to contract
directly with private sector entities
(including banks and other private
institutions) to undertake some or all of the
management, accounting, or other parts of the
trust management business cycle.
``(iv) Any combination of the options
described in clauses (i) through (iii) that the
Commission considers to be appropriate.
``(B) Additional requirements.--In addition to
meeting the requirements under subparagraph (A), the
reinvention strategy shall--
``(i) identify all reforms to the policies,
procedures, practices, and systems of the
Department (including systems of the Bureau,
the Bureau of Land Management, and the Minerals
Management Service) that are necessary to
ensure the proper and efficient discharge of
the trust responsibilities of the Secretary in
compliance with this Act;
``(ii) include provisions to--
``(I) provide opportunities to
Indian tribes to assist in the
management of their trust accounts; and
``(II) identify for the Secretary
options for the investment of the trust
accounts of Indian tribes in a manner
consistent with the trust
responsibilities of the Secretary in
compliance with this Act in such manner
as to ensure the promotion of economic
development in the communities of
Indian tribes; and
``(iii) include recommendations concerning
whether the position of Special Trustee should
be continued or made permanent.
``(3) Regulatory entity.--
``(A) In general.--Not later than 90 days after
approving a reinvention strategy under paragraph (1),
the Commission shall recommend to Congress the Federal
agency that should be responsible for regulating the
trust management activities of the Federal Government,
with respect to funds held in trust under this Act, and
submit such recommendations for legislation to
implement the reinvention strategy as the Commission
considers to be appropriate.
``(B) Criteria for recommending regulatory
entity.--In determining which regulatory entity to
recommend under subparagraph (A), the Commission shall
consider--
``(i) the provisions of the recommended
reinvention strategy approved under paragraph
(1); and
``(ii) the similarity of the recommended
reinvention strategy approved under paragraph
(1) and the functions and activities of an
entity regulated by--
``(I) the Office of the Comptroller
of the Currency;
``(II) the Board of Governors of
the Federal Reserve System;
``(III) the Office of Federal
Housing Enterprise Oversight;
``(IV) the Federal Trade
Commission;
``(V) the Office of Thrift
Supervision; or
``(VI) any other Federal agency
charged with the responsibility of
regulating public or private entities
that invest or manage financial
resources.''. | American Indian Trust Fund Management Reform Act Amendments - Amends the American Indian Trust Fund Management Reform Act of 1994 (the Act) to: (1) provide a two-year term of office for the Special Trustee for American Indians; and (2) establish the Indian Trust Fund Reform Commission. Requires the Commission to prepare for submission to the Secretary of the Interior, specified congressional committees, and the Special Trustee's advisory board a recommended reinvention strategy for all trust management business cycles that ensures the proper and efficient discharge of the trust responsibility of the Federal Government to Indian tribes and individual Indians in compliance with the Act. Outlines strategy adoption procedures and requirements. Requires the Commission to: (1) recommend to Congress the Federal agency that should be responsible for regulating such Federal fund management activities; and (2) submit recommendations for legislation to implement the strategy adopted by the Commission. | {"src": "billsum_train", "title": "American Indian Trust Fund Management Reform Act Amendments"} | 2,979 | 187 | 0.652199 | 1.742132 | 0.795387 | 3.744186 | 16.337209 | 0.930233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Oversight of Iraq
Agreements Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) President George W. Bush has announced a Declaration of
Principles for a Long-Term Relationship of Cooperation and
Friendship with Iraq, with the goal of concluding a final
agreement between the United States and Iraq by July 31, 2008.
(2) The Declaration envisions commitments that directly
affect the national security of the United States, including
``security assurances and commitments to the Republic of Iraq
to deter foreign aggression''.
(3) The Declaration fails to make clear that the United
States will not seek and will not maintain permanent military
bases in Iraq.
(4) The Declaration fails to specify the future mission
profile of United States forces in Iraq, the future number of
United States forces deployed to Iraq, and the length of
deployments for United States forces in Iraq.
(5) The Declaration fails to specify the extent to which
United States military personnel and government contractors
will be accountable under the laws of Iraq.
(6) On November 26, 2007, Assistant to the President and
Deputy National Security Advisor for Iraq and Afghanistan
Lieutenant General Douglas Lute stated, ``We don't anticipate
now that these negotiations will lead to ... formal inputs from
the Congress.''
(7) Section 8113 of the Department of Defense
Appropriations Act, Fiscal Year 2008 (Public Law 110-116; 121
Stat. 1339), which was signed into law on November 13, 2007,
stated that no funds may be used ``[t]o establish any military
installation or base for the purpose of providing for the
permanent stationing of United States Armed Forces in Iraq''.
(8) Congress is a co-equal branch of government and as such
the extension of long-term United States security commitments
to Iraq that obligates or requires the appropriation of United
States funds requires the full participation and consent of
Congress.
(9) Under the Constitution, legislative approval of an
international agreement can take the form either of approval of
a treaty by two-thirds of the Senate under Article II or
authorization of the agreement by a simple majority of both
houses of Congress under Article I.
(10) Past presidential practice with regard to
international agreements other than treaties has been regulated
by Department of State guidelines that call for ``due
consideration'' of ``the extent to which the agreement involves
commitments or risks affecting the nation as a whole,''
``whether the agreement can be given effect without the
enactment of subsequent legislation by the Congress,'' and
``the preference of the Congress''.
SEC. 3. CONCLUSION OF BILATERAL AGREEMENT WITHOUT CONGRESSIONAL
APPROVAL.
(a) Report on Justification for Denying Congressional Role in
Concluding Agreement.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Legal Advisor to the Secretary
of State shall submit to Congress an unclassified report
providing the justification for the decision of the President
to deny Congress its constitutionally protected role by
concluding an agreement on the future of the security
relationship between the United States and Iraq as an executive
agreement.
(2) Legal analysis of constitutional authority required.--
The report required under paragraph (1) shall include a legal
analysis of the constitutional powers asserted by the President
in concluding that such an agreement does not require approval
by Congress.
(b) Sense of Congress.--It is the sense of Congress that any
bilateral agreement between the United States and Iraq involving
``commitments or risks affecting the nation as a whole'', including a
status of forces agreement (SOFA), that is not a treaty approved by
two-thirds of the Senate under Article II of the Constitution or
authorized by legislation does not have the force of law.
(c) Prohibition on Use of Funds To Carry Out Certain Agreements.--
No funds may be authorized or appropriated to carry out any bilateral
agreement between the United States and Iraq involving ``commitments or
risks affecting the nation as a whole'', including a status of forces
agreement (SOFA), that is not a treaty approved by two-thirds of the
Senate under Article II of the Constitution or authorized by
legislation passed by both houses of Congress. | Congressional Oversight of Iraq Agreements Act of 2007 - Directs the Legal Advisor to the Secretary of State to provide Congress with the justification (including the constitutional authority) for the President's decision to deny Congress its constitutionally protected role by concluding an agreement on the future of the security relationship between the United States and Iraq as an executive agreement.
Expresses the sense of Congress that any bilateral agreement between the United States and Iraq involving "commitments or risks affecting the nation as a whole," including a status of forces agreement (SOFA), that is not a treaty approved by two-thirds of the Senate under Article II of the Constitution or authorized by legislation does not have the force of law. Prohibits the use of funds to carry out such an agreement. | {"src": "billsum_train", "title": "A bill to provide for congressional oversight of United States agreements with the Government of Iraq."} | 948 | 171 | 0.59295 | 1.800556 | 0.724322 | 7.554795 | 6.150685 | 0.952055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ICCVAM Authorization Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alternative test method.--The term ``alternative test
method'' means a test method that--
(A) includes any new or revised test method; and
(B)(i) reduces the number of animals required;
(ii) refines procedures to lessen or eliminate pain or
distress to animals, or enhances animal well-being; or
(iii) replaces animals with non-animal systems or one
animal species with a phylogenetically lower animal species,
such as replacing a mammal with an invertebrate.
(2) ICCVAM test recommendation.--The term ``ICCVAM test
recommendation'' means a summary report prepared by the ICCVAM
characterizing the results of a scientific expert peer review of a
test method.
SEC. 3. INTERAGENCY COORDINATING COMMITTEE ON THE VALIDATION OF
ALTERNATIVE METHODS.
(a) In General.--With respect to the interagency coordinating
committee that is known as the Interagency Coordinating Committee on
the Validation of Alternative Methods (referred to in this Act as
``ICCVAM'') and that was established by the Director of the National
Institute of Environmental Health Sciences for purposes of section
463A(b) of the Public Health Service Act, the Director of the Institute
shall designate such committee as a permanent interagency coordinating
committee of the Institute under the National Toxicology Program
Interagency Center for the Evaluation of Alternative Toxicological
Methods. This Act may not be construed as affecting the authorities of
such Director regarding ICCVAM that were in effect on the day before
the date of the enactment of this Act, except to the extent
inconsistent with this Act.
(b) Purposes.--The purposes of the ICCVAM shall be to--
(1) increase the efficiency and effectiveness of Federal agency
test method review;
(2) eliminate unnecessary duplicative efforts and share
experiences between Federal regulatory agencies;
(3) optimize utilization of scientific expertise outside the
Federal Government;
(4) ensure that new and revised test methods are validated to
meet the needs of Federal agencies; and
(5) reduce, refine, or replace the use of animals in testing,
where feasible.
(c) Composition.--The ICCVAM shall be composed of the heads of the
following Federal agencies (or their designees):
(1) Agency for Toxic Substances and Disease Registry.
(2) Consumer Product Safety Commission.
(3) Department of Agriculture.
(4) Department of Defense.
(5) Department of Energy.
(6) Department of the Interior.
(7) Department of Transportation.
(8) Environmental Protection Agency.
(9) Food and Drug Administration.
(10) National Institute for Occupational Safety and Health.
(11) National Institutes of Health.
(12) National Cancer Institute.
(13) National Institute of Environmental Health Sciences.
(14) National Library of Medicine.
(15) Occupational Safety and Health Administration.
(16) Any other agency that develops, or employs tests or test
data using animals, or regulates on the basis of the use of animals
in toxicity testing.
(d) Scientific Advisory Committee.--
(1) Establishment.--The Director of the National Institute of
Environmental Health Sciences shall establish a Scientific Advisory
Committee (referred to in this Act as the ``SAC'') to advise ICCVAM
and the National Toxicology Program Interagency Center for the
Evaluation of Alternative Toxicological Methods regarding ICCVAM
activities. The activities of the SAC shall be subject to
provisions of the Federal Advisory Committee Act.
(2) Membership.--
(A) In general.--The SAC shall be composed of the following
voting members:
(i) At least one knowledgeable representative having a
history of expertise, development, or evaluation of new or
revised or alternative test methods from each of--
(I) the personal care, pharmaceutical, industrial
chemicals, or agriculture industry;
(II) any other industry that is regulated by the
Federal agencies specified in subsection (c); and
(III) a national animal protection organization
established under section 501(c)(3) of the Internal
Revenue Code of 1986.
(ii) Representatives (selected by the Director of the
National Institute of Environmental Health Sciences) from
an academic institution, a State government agency, an
international regulatory body, or any corporation
developing or marketing new or revised or alternative test
methodologies, including contract laboratories.
(B) Nonvoting ex officio members.--The membership of the
SAC shall, in addition to voting members under subparagraph
(A), include as nonvoting ex officio members the agency heads
specified in subsection (c) (or their designees).
(e) Duties.--The ICCVAM shall, consistent with the purposes
described in subsection (b), carry out the following functions:
(1) Review and evaluate new or revised or alternative test
methods, including batteries of tests and test screens, that may be
acceptable for specific regulatory uses, including the coordination
of technical reviews of proposed new or revised or alternative test
methods of interagency interest.
(2) Facilitate appropriate interagency and international
harmonization of acute or chronic toxicological test protocols that
encourage the reduction, refinement, or replacement of animal test
methods.
(3) Facilitate and provide guidance on the development of
validation criteria, validation studies and processes for new or
revised or alternative test methods and help facilitate the
acceptance of such scientifically valid test methods and awareness
of accepted test methods by Federal agencies and other
stakeholders.
(4) Submit ICCVAM test recommendations for the test method
reviewed by the ICCVAM, through expeditious transmittal by the
Secretary of Health and Human Services (or the designee of the
Secretary), to each appropriate Federal agency, along with the
identification of specific agency guidelines, recommendations, or
regulations for a test method, including batteries of tests and
test screens, for chemicals or class of chemicals within a
regulatory framework that may be appropriate for scientific
improvement, while seeking to reduce, refine, or replace animal
test methods.
(5) Consider for review and evaluation, petitions received from
the public that--
(A) identify a specific regulation, recommendation, or
guideline regarding a regulatory mandate; and
(B) recommend new or revised or alternative test methods
and provide valid scientific evidence of the potential of the
test method.
(6) Make available to the public final ICCVAM test
recommendations to appropriate Federal agencies and the responses
from the agencies regarding such recommendations.
(7) Prepare reports to be made available to the public on its
progress under this Act. The first report shall be completed not
later than 12 months after the date of the enactment of this Act,
and subsequent reports shall be completed biennially thereafter.
SEC. 4. FEDERAL AGENCY ACTION.
(a) Identification of Tests.--With respect to each Federal agency
carrying out a program that requires or recommends acute or chronic
toxicological testing, such agency shall, not later than 180 days after
receiving an ICCVAM test recommendation, identify and forward to the
ICCVAM any relevant test method specified in a regulation or industry-
wide guideline which specifically, or in practice requires, recommends,
or encourages the use of an animal acute or chronic toxicological test
method for which the ICCVAM test recommendation may be added or
substituted.
(b) Alternatives.--Each Federal agency carrying out a program
described in subsection (a) shall promote and encourage the development
and use of alternatives to animal test methods (including batteries of
tests and test screens), where appropriate, for the purpose of
complying with Federal statutes, regulations, guidelines, or
recommendations (in each instance, and for each chemical class) if such
test methods are found to be effective for generating data, in an
amount and of a scientific value that is at least equivalent to the
data generated from existing tests, for hazard identification, dose-
response assessment, or risk assessment purposes.
(c) Test Method Validation.--Each Federal agency carrying out a
program described in subsection (a) shall ensure that any new or
revised acute or chronic toxicity test method, including animal test
methods and alternatives, is determined to be valid for its proposed
use prior to requiring, recommending, or encouraging the application of
such test method.
(d) Review.--Not later than 180 days after receipt of an ICCVAM
test recommendation, a Federal agency carrying out a program described
in subsection (a) shall review such recommendation and notify the
ICCVAM in writing of its findings.
(e) Recommendation Adoption.--Each Federal agency carrying out a
program described in subsection (a), or its specific regulatory unit or
units, shall adopt the ICCVAM test recommendation unless such Federal
agency determines that--
(1) the ICCVAM test recommendation is not adequate in terms of
biological relevance for the regulatory goal authorized by that
agency, or mandated by Congress;
(2) the ICCVAM test recommendation does not generate data, in
an amount and of a scientific value that is at least equivalent to
the data generated prior to such recommendation, for the
appropriate hazard identification, dose-response assessment, or
risk assessment purposes as the current test method recommended or
required by that agency;
(3) the agency does not employ, recommend, or require testing
for that class of chemical or for the recommended test endpoint; or
(4) the ICCVAM test recommendation is unacceptable for
satisfactorily fulfilling the test needs for that particular agency
and its respective congressional mandate.
SEC. 5. APPLICATION.
(a) Application.--This Act shall not apply to research, including
research performed using biotechnology techniques, or research related
to the causes, diagnosis, treatment, control, or prevention of physical
or mental diseases or impairments of humans or animals.
(b) Use of Test Methods.--Nothing in this Act shall prevent a
Federal agency from retaining final authority for incorporating the
test methods recommended by the ICCVAM in the manner determined to be
appropriate by such Federal agency or regulatory body.
(c) Limitation.--Nothing in this Act shall be construed to require
a manufacturer that is currently not required to perform animal testing
to perform such tests. Nothing in this Act shall be construed to
require a manufacturer to perform redundant endpoint specific testing.
(d) Submission of Tests and Data.--Nothing in this Act precludes a
party from submitting a test method or scientific data directly to a
Federal agency for use in a regulatory program.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (Sec. 3) Makes the Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) a permanent interagency coordinating committee of the National Institute of Environmental Health Sciences.
Sets forth ICCVAM objectives, including: (1) increasing the efficiency of Federal test method review; and (2) reducing animal testing where feasible.
Directs the Institute to establish a Scientific Advisory Committee.
Sets forth ICCVAM duties.
(Sec. 4) Requires each Federal agency to: (1) identify and forward to ICCVAM any test method specified in a regulation or guideline that requires or recommends animal testing; (2) promote valid alternative test methods if the alternatives are effective for generating data (in an amount and of a scientific value that is at least equivalent to the data generated from existing tests) for hazard identification, dose-response assessment, or risk assessment; and (3) adopt ICCVAM recommendations unless the agency finds that the recommendations are inadequate or unsatisfactory.
(Sec. 5) Makes this Act inapplicable to research related to the causes, diagnosis, treatment, control, or prevention of physical or mental diseases or impairments of humans or animals. | {"src": "billsum_train", "title": "ICCVAM Authorization Act of 2000"} | 2,323 | 270 | 0.728346 | 2.389195 | 0.945007 | 4.439462 | 9.609865 | 0.932735 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Care Act of 1999''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by adding at the end the following:
``PART G--REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN
FACILITIES
``SEC. 581. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN
FACILITIES.
``(a) In General.--A public or private general hospital, nursing
facility, intermediate care facility, residential treatment center, or
other health care facility, that receives assistance in any form from
any program supported in whole or in part with Federal funds shall
protect and promote the rights of each resident of the facility,
including the right to be free from physical or mental abuse, corporal
punishment, involuntary seclusion, and any physical or chemical
restraints imposed for purposes of discipline or convenience.
``(b) Requirements.--Physical or chemical restraints may only be
imposed on a resident of a facility described in subsection (a) if--
``(1) the imposition of the restraints are to ensure the
physical safety of the resident or others; and
``(2) the restraints and seclusion are imposed only upon
the written order of a physician that specifies the duration
and circumstances under which the restraints are to be used
(except in emergency circumstances specified by the Secretary
until such an order could reasonably be obtained).
``(c) Definitions.--In this section:
``(1) Chemical restraint.--The term `chemical restraint'
means the use of a psychopharmacologic drug that is imposed for
purposes of discipline or convenience and is not required to
treat a medical symptom.
``(2) Physical restraint.--The term `physical restraint'
means any mechanical or personal restriction that immobilizes
or reduces the ability of an individual to move his or her
arms, legs, or head freely, that is imposed for purposes of
discipline or convenience, and that is not required to treat a
medical symptom. Such term does not include devices, such as
orthopedically prescribed devices, surgical dressings or
bandages, protective helmets, and other methods involving the
physical holding of a resident for the purpose of conducting
routine physical examinations or tests or to protect the
patient from falling out of bed or to permit a patient to
participate in activities without the risk of physical harm to
the patient.
``(3) Seclusion.--The term `seclusion' means any separation
of the resident from the general population of the facility
that prevents the resident from returning to such population
when he or she desires, that is imposed for purposes of
discipline or convenience, and that is not required to treat a
medical symptom.
``SEC. 582. REPORTING REQUIREMENT.
``(a) In General.--Each facility to which the Protection and
Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et
seq.) applies shall notify the appropriate Protection and Advocacy
system of each death that occurs at each such facility. A notification
under this subsection shall include the name of the resident and a
general description of the circumstances of his or her death, and shall
be provided not later than 7 days after the date of the death of the
individual involved.
``(b) Definitions.--In subsection (a):
``(1) Facility.--The term `facility' has the meaning given
the term `facilities' in section 102(3) of the Protection and
Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C.
10802(3)).
``(2) Protection and advocacy system.--The term `Protection
and Advocacy system' means a system established under part C of
title I of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6041 et seq.).''.
SEC. 3. INVESTIGATIONS OF CERTAIN DEATHS AND INJURIES.
Section 105(a)(1) of the Protection and Advocacy for Mentally Ill
Individuals Act of 1986 (42 U.S.C. 10805(a)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the semicolon at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(D) investigate the death or serious injury (any
significant impairment of the physical condition of the
individual, including any burn, laceration, internal
injury, or any injury that occurs as a result of
repeated harm to any organ) of an individual with a
mental illness if the death or serious injury occurred
at a facility to which this Act applies;''.
SEC. 4. REGULATIONS AND ENFORCEMENT.
(a) Training.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services, after
consultation with appropriate State and local protection and advocacy
organizations, shall promulgate regulations that require facilities to
which the Protection and Advocacy for Mentally Ill Individuals Act of
1986 (42 U.S.C. 10801 et seq.) applies, to meet the requirements of
subsection (b).
(b) Requirements.--The regulations promulgated under subsection (a)
shall require that--
(1) facilities described in subsection (a) ensure that
appropriate staff levels are maintained within such facilities;
(2) appropriate training be provided for the staff of such
facilities in the use of restraints and any alternatives to the
use of restraints; and
(3) such facilities provide complete and accurate
notification of deaths, as required under section 582(a) of the
Public Health Service Act (as added by section 2).
(c) Enforcement.--A facility to which this Act (or an amendment
made by this Act) applies, that fails to comply with any requirement of
this Act (or such an amendment), including a failure to provide
appropriate training, shall not be eligible for participation in any
Federally funded program. | Compassionate Care Act of 1999 - Amends the Public Health Service Act to require hospitals and other health care facilities that receive Federal assistance in any form to protect the rights of their patients and residents, including freedom from physical or mental abuse, corporal punishment, involuntary seclusion, and physical or chemical restraints used for punishment or convenience.
Permits use of physical or chemical restraints only to ensure the physical safety of a patient or resident, or others, and only upon a physician's specific written order.
Requires a facility subject to the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to notify the appropriate Protection and Advocacy system of each resident's death and related circumstances.
Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to require a State protection system for the mentally ill to investigate certain deaths and injuries at such facilities. Subjects facilities to loss of Federal assistance for noncompliance with this Act. | {"src": "billsum_train", "title": "Compassionate Care Act of 1999"} | 1,448 | 218 | 0.603919 | 1.591291 | 0.864972 | 3.217143 | 7.005714 | 0.897143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vietnam Human Rights Sanctions
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Vietnam remains a one-party state, ruled and controlled
by the Communist Party of Vietnam, which continues to deny the
right of citizens to change their government.
(2) Although in recent years the National Assembly of
Vietnam has on occasion played a role as a forum for
highlighting local concerns, corruption, and inefficiency, the
National Assembly remains subject to the direction of the
Communist Party of Vietnam and that party maintains control
over the selection of candidates in national and local
elections.
(3) The Government of Vietnam forbids public challenge to
the legitimacy of the one-party state, restricts freedoms of
opinion, the press, assembly, and association, and tightly
limits access to the Internet and telecommunication.
Cyberattacks originating from Vietnam-based servers have
disabled dissident websites and the Government of Vietnam
introduced new restrictions on public internet shops while
continuing to restrict access to numerous overseas and domestic
blogs, news sites, and other websites perceived to carry
content critical of the Government of Vietnam.
(4) The Government of Vietnam continues to detain,
imprison, place under house arrest, convict, and otherwise
restrict individuals for the peaceful expression of dissenting
political or religious views, including democracy and human
rights activists, independent trade union leaders, non-state-
sanctioned publishers, journalists, bloggers, members of ethnic
minorities, and unsanctioned religious groups.
(5) The Government of Vietnam has also failed to improve
labor rights, continues to harass, arrest, and imprison workers
rights activists, including Doan Huy Chuong, Do Thi Minh Hanh,
and Nguyen Hoang Quoc Hung, and restricts the right to organize
independently.
(6) The Government of Vietnam continues to limit freedom of
religion, pressure all religious groups to come under the
control of government- and party-controlled management boards,
and restrict the operation of independent religious
organizations, including the Unified Buddhist Church of Vietnam
and members of unsanctioned Mennonite, Cao Dai, Theravada
Buddhist, and Hoa Hao Buddhist religious groups and independent
Protestant house churches, primarily in the central and
northern highlands. Religious leaders who do not conform to the
Government's demands are often harassed, arrested, imprisoned,
or put under house arrest.
(7) As noted in the October 2009 report of the United
States Commission on International Religious Freedom, ``[T]here
continue to be far too many serious abuses and restrictions of
religious freedom in the country. Individuals continue to be
imprisoned or detained for reasons related to their religious
activity or religious freedom advocacy; police and government
officials are not held fully accountable for abuses;
independent religious activity remains illegal; and legal
protection for government-approved religious organizations are
both vague and subject to arbitrary or discriminatory
interpretations based on political factors. In addition,
improvements experienced by some religious communities are not
experienced by others, including the Unified Buddhist Church of
Vietnam (UBCV), independent Hoa Hao, Cao Dai, and Protestant
groups, and some ethnic minority Protestants and Buddhists.
Also, over the past year, property disputes between the
government and the Catholic Church in Hanoi led to detention,
threats, harassment, and violence by `contract thugs' against
peaceful prayer vigils and religious leaders.''.
(8) Despite reported progress in church openings and legal
registrations of religious venues, the Government of Vietnam
has halted most religious reforms since the Department of State
lifted the ``country of particular concern'' for religious
freedom violations designation for Vietnam in November 2006.
(9) Unregistered ethnic minority Protestant congregations
suffer severe abuses because of actions by the Government of
Vietnam, which have included forced renunciations of faith,
pressure to join government-recognized religious groups, arrest
and harassment, the withholding of social programs provided for
the general population, destruction of churches and pagodas,
confiscation and destruction of property, and subjection to
severe beatings.
(10) During peaceful Catholic prayer vigils calling for the
return of government-confiscated church properties during 2008
at the Thai Ha Church in Ha Noi, protestors were dispersed
after being harassed, some were detained, and some of the
church property was destroyed. Similar incidents happened at
Bau Sen, Loan Ly, and Tam Toa parishes in central Vietnam and
more recently at Dong Chiem parish in Hanoi, where religious
statues and a crucifix were destroyed and parishioners and
clergies were physically harmed, and at Con Dau parish, where
police forcibly dispersed a Catholic funeral ceremony in May
2010 to a cemetery located on disputed land. Afterwards, police
and members of the civilian defense forces arrested and
interrogated dozens of Con Dau parishioners, with one
parishioner dying from injuries sustained during a beating in
July 2010 by civilian defense forces and two women suffered
miscarriages resulted from police tortures. Catholics continue
to face some restrictions on selection of clergy, the
establishment of seminaries and seminary candidates, and
restrictions on individual cases of travel and church
registration. Dissident clerics such as Father Phan Van Loi and
Father Nguyen Van Ly are currently under house arrest.
(11) The Unified Buddhist Church of Vietnam suffers
persecution as the Government of Vietnam continues to restrict
contacts and movement of senior clergy for refusing to join the
state-sponsored Buddhist organizations, the Government
restricts expression and assembly, and the Government continues
to harass and threaten monks, nuns, and youth leaders of the
Unified Buddhist Church of Vietnam. The Supreme Patriarch of
Unified Buddhist Church of Vietnam, Thich Quang Do, is
currently under house arrest.
(12) The Bat Nha Buddhists monastery in Lam Dong province
was attacked by government thugs in October 2009. About 400
monks and nuns were physically abused and forcibly evicted from
the monastery.
(13) The Government of Vietnam continues to suppress the
activities of other religious adherents, including Cao Dai, Hoa
Hao, Mennonites, and Montagnard Christians belonging to
churches that lack official recognition or have chosen not to
affiliate with the state-sanctioned groups, including through
the use of detention and imprisonment.
(14) Ethnic minority Hmong in the Northwest Highlands of
Vietnam also suffer restrictions, abuses, and persecution by
the Government of Vietnam, and although the Government is now
allowing some Hmong Protestants to organize and conduct
religious activity, some government officials continue to deny
or ignore additional applications for registration.
(15) The Government of Vietnam controls all print and
electronic media, including access to the Internet, jams the
signals of some foreign radio stations, including Radio Free
Asia, and has detained and imprisoned individuals who have
posted, published, sent, or otherwise distributed democracy-
related materials.
(16) People arrested in Vietnam because of their political
or religious affiliations and activities and charged with
vaguely defined national security crimes are not accorded due
process of law. During the pre-trial investigatory phase of
their detention, religious and political prisoners are often
held incommunicado without access to legal counsel and family
members. They are routinely tortured during interrogation to
force them to confess to crimes they did not commit or to
falsely denounce others. Their trials are usually closed to
international press and diplomats and members of the public.
(17) Vietnam continues to be a source country for the
commercial sexual exploitation and forced labor of women and
girls and for men and women legally entering into international
labor contracts who subsequently face conditions of debt
bondage or forced labor, and is a destination country for child
trafficking and continues to have internal human trafficking.
(18) Congress has passed numerous resolutions condemning
human rights violations in Vietnam, indicating that although
there has been an expansion of relations with the Government of
Vietnam, it should not be construed as approval of the ongoing
and serious violations of fundamental human rights in Vietnam,
particularly those enshrined in the International Covenant on
Civil and Political Rights, of which Vietnam is a signatory.
(19) Enhancement of relations between the United States and
Vietnam has provided an opportunity for a human rights
dialogue, but is unlikely to lead to future progress on human
rights issues in Vietnam unless the United States makes clear
that such progress is an essential prerequisite for further
enhancements in the bilateral relationship.
SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN INDIVIDUALS WHO ARE
COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST
NATIONALS OF VIETNAM OR THEIR FAMILY MEMBERS.
(a) In General.--Except as provided in subsection (d), the
President shall impose sanctions described in subsection (c) with
respect to each individual on the list required by subsection (b).
(b) List of Individuals Who Are Complicit in Certain Human Rights
Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of individuals who
are nationals of Vietnam that the President determines are
complicit in human rights abuses committed against nationals of
Vietnam or their family members, regardless of whether such
abuses occurred in Vietnam.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1) as new information becomes available and not less
frequently than annually.
(3) Public availability.--The list required by paragraph
(1) shall be made available to the public and posted on the
websites of the Department of the Treasury and the Department
of State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
by paragraph (1), the President shall consider data already
obtained by other countries and nongovernmental organizations,
including organizations in Vietnam, that monitor the human
rights abuses of the Government of Vietnam.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Prohibition on entry and admission to the united
states.--An individual whose name appears on the list required
by subsection (b)(1) may not--
(A) be admitted to, enter, or transit through the
United States;
(B) receive any lawful immigration status in the
United States under the immigration laws, including any
relief under the Convention Against Torture; or
(C) file any application or petition to obtain such
admission, entry, or status.
(2) Financial sanctions.--The President shall impose
sanctions authorized pursuant to section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702)
with respect to an individual whose name appears on the list
required by subsection (b)(1), including blocking of the
property of, and restricting or prohibiting financial
transactions and the exportation and importation of property
by, the individual.
(d) Exceptions To Comply With International Agreements.--The
President may, by regulation, authorize exceptions to the imposition of
sanctions under this section to permit the United States to comply with
the Agreement between the United Nations and the United States of
America regarding the Headquarters of the United Nations, signed June
26, 1947, and entered into force November 21, 1947, and other
applicable international agreements.
(e) Termination of Sanctions.--The provisions of this section shall
cease to have force and effect on the date on which the President
determines and certifies to the appropriate congressional committees
that the Government of Vietnam has--
(1) unconditionally released all political prisoners;
(2) ceased its practices of violence, unlawful detention,
torture, and abuse of citizens of Vietnam while engaging in
peaceful political activity; and
(3) conducted a transparent investigation into the
killings, arrest, and abuse of peaceful political activists in
Vietnam and prosecuted those responsible.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Finance, the Committee on
Banking, Housing, and Urban Affairs, and the Committee
on Foreign Relations of the Senate; and
(B) the Committee on Ways and Means, the Committee
on Financial Services, and the Committee on Foreign
Affairs of the House of Representatives.
(2) Convention against torture.--The term ``Convention
Against Torture'' means the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York on December 10, 1984.
(3) Immigration laws; national.--The terms ``immigration
laws'' and ``national'' have the meanings given those terms in
section 101 of the Immigration and Nationality Act (8 U.S.C.
1101). | Vietnam Human Rights Sanctions Act - Directs the President to: (1) impose financial and immigration/entry sanctions on listed nationals of Vietnam who are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam; and (2) submit to Congress a publicly available list of individuals determined to be complicit in such human rights abuses.
Authorizes the President to waive sanctions to comply with international agreements.
Terminates sanctions if the President certifies to Congress that the government of Vietnam has: (1) released all political prisoners; (2) ceased its practices of violence, detention, and abuse of citizens of Vietnam engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of such political activists and prosecuted those responsible. | {"src": "billsum_train", "title": "To impose sanctions on individuals who are complicit in human rights abuses committed against nationals of Vietnam or their family members, and for other purposes."} | 2,792 | 174 | 0.481312 | 1.413036 | 0.662818 | 4.31875 | 16.025 | 0.94375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Opportunity Investment Trust
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The First Morrill Act (7 U.S.C. 301 et seq.), enacted
in 1862, and the Second Morrill Act (7 U.S.C. 321 et seq.),
enacted in 1890, brought about a significant change in the
system of education in the United States by providing for the
sale of public lands in the West and the dedication of the
proceeds of those sales to funding the establishment of
practical, accessible land grant colleges and universities
across the Nation.
(2) The land grant colleges and universities have a focus
on research, teaching, and outreach, and continue to this day
to be leaders in higher education by providing affordable
access to high-quality postsecondary education.
(3) The land grant colleges and universities also emerged
as one of the greatest sources of advanced research that
leverages the United States economy and powers the Nation's
global competitiveness.
(4) The land grant colleges and universities, in
conjunction with the Cooperative State Research, Education, and
Extension Service, serve to disseminate information learned
from research and link research activities to larger societal
needs.
(5) The potential of advanced Internet, digital spectrum,
and other telecommunications technologies to increase the
quality and reach of educational resources has barely been
tapped.
(6) Numerous local and regional educational and community
organizations are repositories of knowledge, information, and
educational resources and programs that, in terms of
accessibility to the potential beneficiaries, are fragmented
and uncoordinated.
(7) The Telecommunications Act of 1996 and the Balanced
Budget Act of 1997 established a framework for the transitions
from analog to digital television and for the auction of
publicly owned analog spectrum.
(8) It has been estimated that the auction of analog
spectrum could yield over $20,000,000,000 in revenues for the
Treasury of the United States.
(9) It is both necessary and appropriate that a substantial
portion of the auction funds, stemming as they do from the
telecommunications sector, be returned for use in that sector.
Therefore, there should be created a multibillion dollar trust,
with the trust's funding coming from revenues earned by the
Federal Government from auctions of the publicly owned
electromagnetic spectrum, which is the 21st century equivalent
of the Nation's public lands of an earlier time.
SEC. 3. ESTABLISHMENT OF TRUST.
(a) In General.--There is established a trust to be known as the
``Digital Opportunity Investment Trust'' (referred to in this Act as
the ``Trust'').
(b) Funds.--
(1) In general.--The Trust shall consist of such amounts as
are transferred to the Trust under paragraph (2) and any
interest earned on the investment of amounts in the Trust under
section 5.
(2) Transfer of funds.--The Secretary of the Treasury shall
transfer each fiscal year quarter, through fiscal year 2020,
from the general fund of the Treasury to the Trust, an amount
equal to 50 percent of the cash payment received by the Federal
Government during the preceding fiscal year quarter from--
(A) auctions of the publicly owned electromagnetic
spectrum; and
(B) licensing fees derived from the publicly owned
electromagnetic spectrum.
(c) Administration of the Trust.--
(1) Director and deputy director of the trust.--The
chairman of the National Science Board shall appoint the
following:
(A) A Director of the Trust to administer the
Trust.
(B) A Deputy Director of the Trust to assist and
advise the Director of the Trust.
(2) Advisory board.--
(A) Establishment.--An Advisory Board (referred to
in this Act as the ``Board'') shall be established to
advise in the administration of Trust funds, consisting
of 8 members who--
(i) are citizens of the United States;
(ii) are not regular full-time employees of
the Federal Government;
(iii) are eminent in such fields as
education, telecommunications or information
technology, labor, cultural and civic affairs,
or the arts and humanities; and
(iv) will provide, as nearly as
practicable, a broad representation of various
regions of the United States, various
professions and occupations, and various kinds
of talent and experience appropriate to the
functions and responsibilities of the Trust.
(B) Appointment of members.--The members of the
Board shall be appointed as follows:
(i) 4 members of the Board shall be
appointed by the President.
(ii) 2 members of the Board shall be
appointed by--
(I) the Majority Leader of the
Senate, if such individual is not of
the same political party as the
President; or
(II) the Minority Leader of the
Senate, if such individual is not of
the same political party as the
President.
(iii) 2 members of the Board shall be
appointed by--
(I) the Majority Leader of the
House of Representatives, if such
individual is not of the same political
party as the President; or
(II) the Minority Leader of the
House of Representatives, if such
individual is not of the same political
party as the President.
(C) Terms of appointment.--
(i) Date.--Members of the Board shall be
appointed not later than 180 days after the
date of enactment of this Act.
(ii) Terms.--Each member of the Board shall
be appointed for the life of the Board.
(iii) Vacancies.--A vacancy on the Board
shall not affect the Board's powers, and shall
be filled in the same manner as the original
member was appointed.
(D) Meetings.--
(i) First meeting.--Not later than 30 days
after the date on which all of the members of
the Board have been appointed, the chairman of
the National Science Board shall call the first
meeting of the Board.
(ii) Quorum.--A majority of the members of
the Board shall constitute a quorum, but a
lesser number of members may hold hearings.
(E) Board personnel matters.--
(i) Compensation.--Members of the Board
shall receive no additional pay, allowances, or
benefits by reason of the members' service on
the Board.
(ii) Travel expenses.--The members of the
Board 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 Board.
(F) Duties.--
(i) In general.--Not later than 6 months
after the Board first meets pursuant to
subparagraph (D)(i), the Board shall complete
and submit to the Director of the Trust and the
Deputy Director of the Trust--
(I) a management plan and
implementation strategy for the Trust;
(II) a detailed national research
plan identifying critical challenges to
telecommunications and education and
the research and development needed to
meet the challenges; and
(III) recommendations on how best
to manage the Trust.
(ii) Authorization of appropriations.--
There is authorized to be appropriated to carry
out this subparagraph $4,000,000 for fiscal
year 2003.
(d) Trust Fund Uses.--
(1) Uses of funds.--In order to achieve the objectives of
this Act, which include enhancing Federal education programs,
the Director of the Trust, after consultation with the Deputy
Director of the Trust and the Board, may use Trust funds--
(A) to supplement Federal funds for Federal
education programs;
(B) to serve as a venture capital fund for the
Nation's nonprofit educational and public service
institutions by being dedicated to innovation,
experimentation, and research in utilizing new
telecommunications and information technologies across
the widest possible range of public purposes;
(C) to invest in new and promising ideas and
prototypes that use advanced telecommunications and
information to deliver public information and education
in the broadest sense to all Americans throughout their
lifetimes;
(D) to enable schools, community colleges,
universities, libraries, museums, civic organizations,
and cultural, arts, humanities centers, and nonprofit
agencies or organizations described in section
501(c)(3) of the Internal Revenue Code of 1986 that are
exempt from tax under section 501(a) of such Code to
take advantage of innovative telecommunications and
information technologies to reach outside their walls
and into homes, schools, and the workplace;
(E) for innovative technologies to reach
nontraditional learners, including--
(i) senior citizens;
(ii) individuals with disabilities; and
(iii) members of the workforce; and
(F) to develop innovative strategies to improve--
(i) the teaching of mathematics and
science; and
(ii) the academic achievement of students
in mathematics and science.
(2) Contracts and grants.--
(A) In general.--In order to carry out the
activities described in paragraph (1), the Director of
the Trust, with the agreement of a majority of the
members of the Board, may award contracts and grants to
nonprofit public institutions (with or without private
partners) for innovative and experimental ideas and techniques that--
(i) enhance learning;
(ii) broaden knowledge;
(iii) encourage an informed citizenry and
self-government;
(iv) make available to all citizens of the
United States the best of the Nation's arts,
humanities, and culture; and
(v) teach the skills and disciplines needed
in an information-based economy.
(B) Evaluation of proposals.--To the extent
practicable, proposals for such contracts or grants
shall be evaluated on the basis of comparative merit by
panels of experts who represent diverse interests and
perspectives, and who are appointed by the Director of
the Trust, after consultation with the Deputy Director
of the Trust and the Board.
(C) Training and education.--The Director of the
Trust, after consultation with the Deputy Director of
the Trust and the Board, in awarding the contracts and
grants under subparagraph (A), may use Trust funds to
finance the development and testing of innovative
models and materials for education in the use of new
telecommunications and information technologies.
(3) Courses, materials, archives, software, information,
programs, resources, and services.--The Director of the Trust,
after consultation with the Deputy Director of the Trust and
the Board, may commission the development of online courses,
training materials, archives, software, civic information,
quality arts and cultural programs, and other digital resources
and services of the highest standards to meet the needs of all
United States citizens and help the citizens gain access to the
best minds and talents of society.
(4) Cooperation.--The Director of the Trust, after
consultation with the Deputy Director of the Trust and the
Board, may cooperate with business, industry, philanthropy, and
local and national public service institutions, including
enhancing the work of such public service institutions by
seeking new ways to put telecommunications and information
technologies to work in their areas of interest.
(5) Public broadcasting.--The Director of the Trust, after
consultation with the Deputy Director of the Trust and the
Board, may use public broadcasting's state-of-the-art digital
transmission system in carrying out the Trust's educational and
informational mission.
SEC. 4. CONGRESS.
(a) Report.--
(1) In general.--Not later than April 30 of each year, the
Director of the Trust, after consultation with the Deputy
Director of the Trust and the Board, shall prepare a report for
the preceding fiscal year, ending September 30, and shall
submit such report to the chairman of the National Science
Board.
(2) Contents.--The report shall include--
(A) a comprehensive and detailed report of the
Trust's operations, activities, financial condition,
and accomplishments, and such recommendations as the
Director of the Trust, after consultation with the
Deputy Director of the Trust and the Board, determines
appropriate; and
(B) a comprehensive and detailed inventory of funds
distributed from the Trust during the preceding fiscal
year.
(3) Submission to the president and congress.--The chairman
of the National Science Board shall promptly submit the report
prepared under paragraph (1) to the President and Congress.
(b) Testimony.--The Director of the Trust, Deputy Director of the
Trust, and members of the Board shall testify before appropriate
committees of Congress, upon request of such committees, with respect
to--
(1) the report prepared under subsection (a)(1); and
(2) any other matter that such committees may determine
appropriate.
SEC. 5. INVESTMENT OF TRUST FUNDS.
(a) In General.--The Director of the Trust, after consultation with
the Deputy Director of the Trust, the Board, the chairman of the
National Science Board, and the Director of the Office of Personnel
Management, shall invest the funds of the Trust in interest-bearing
obligations of the United States or in obligations guaranteed as to
both principal and interest by the United States.
(b) Expenditures.--The Director of the Trust, after consultation
with the Deputy Director of the Trust and the Board, shall not
undertake grant or contract activities under this Act until the Trust
has received the interest or other proceeds from the investment of the
Trust funds for at least 1 year's duration. Thereafter, the Director of
the Trust, after consultation with the Deputy Director of the Trust and
the Board, may commence such grant or contract activities at the start
of each fiscal year. The Director of the Trust, after consultation with
the Deputy Director of the Trust and the Board, in awarding grants or
contracts or making other expenditures, shall not obligate funds from
the Trust that exceed the proceeds received from the investment of the
funds in the Trust during the preceding fiscal year. | Digital Opportunity Investment Trust Act - Establishes the Digital Opportunity Investment Trust (the Trust), which shall receive 50 percent of the cash payment received by the Federal Government each fiscal year quarter through FY 2020 from auctions of the publicly owned electromagnetic spectrum and spectrum-derived licensing fees.Establishes an Advisory Board with respect to administration of Trust funds.Permits the Director of the Trust to use Trust funds to: (1) supplement Federal funds for Federal education programs; (2) serve as a venture capital fund for American nonprofit educational and public service institutions by utilizing new telecommunications and information technologies; (3) invest in use of advanced telecommunications and information to deliver public information and education to all Americans; (4) enable schools, universities, libraries, museums, and other specified bodies to take advantage of information technologies; (5) use innovative technologies to reach nontraditional learners, including individuals with disabilities; and (6) further the teaching of mathematics and science.Allows the Director of the Trust to award contracts and grants to nonprofit public institutions (with or without private partners) for innovative and experimental ideas and techniques to enhance learning and achieve specified related goals.Directs the Director to invest funds of the Trust in U.S. interest bearing or U.S.-guaranteed obligations. | {"src": "billsum_train", "title": "A bill to establish the Digital Opportunity Investment Trust."} | 3,002 | 266 | 0.539451 | 1.769267 | 0.773979 | 3.904167 | 11.9875 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agriculture Competition Enhancement
Act of 2000''.
SEC. 2. LIMITATION ON MERGERS.
It shall be unlawful for a person in the business of purchasing
livestock, poultry, or a basic agricultural commodity for wholesale
resale either unprocessed or processed, to acquire directly or
indirectly the voting securities or assets of any person if--
(1) the total amount of--
(A) voting securities, or assets relating to the
purchasing, processing, or selling of livestock,
poultry, or a basic agricultural commodity; or
(B) annual net sales of such livestock, poultry, or
basic agricultural commodity;
of each person exceeds $1,000,000,000; and
(2) the acquisition of such voting securities or such
assets by the acquiring person would reduce competition so as
to have a negative effect on prices paid to producers of any
livestock, poultry, or basic agricultural commodities.
SEC. 3. PREMERGER NOTICE REQUIREMENT.
(a) Notice.--Whenever a person in the business of purchasing
livestock, poultry, or a basic agricultural commodity for wholesale
resale either unprocessed or processed, files a notification under
section 7A of the Clayton Act (15 U.S.C. 18a), such person shall file
simultaneously with the Secretary a notice in accordance with rules
issued by the Secretary, that such person has filed such notification.
(b) Public Comments.--The Secretary shall--
(1) publish promptly in the Federal Register a copy of each
notice received under subsection (a),
(2) accept public comments on the proposed merger described
in such notice, and
(3) consider as part of the review required by subsection
(c), such comments timely received.
(c) Review.--Not later than 30 days after receiving a notice filed
under subsection (a), the Secretary shall--
(1) review the proposed acquisition described in such
notice;
(2) determine--
(A) the probable effects such acquisition would
have on the prices paid to producers of any livestock,
poultry, or basic agricultural commodities who sell to,
buy from, or bargain with 1 or more of the persons
involved in the proposed acquisition; and
(B) whether such acquisition would--
(i) result in significantly increased
market power for any of such persons; and
(ii) increase the potential for
anticompetitive or predatory pricing conduct by
any of such persons;
(3) prepare a report containing--
(A) the detailed findings made by the Secretary as
a result of such review and such determination; and
(B) an economic analysis of the Secretary regarding
whether such acquisition may substantially lessen
competition or tend to create a monopoly; and
(4) transmit to the Office of Special Counsel for
Agriculture, and shall publish in the Federal Register,
simultaneously, a copy of such report.
SEC. 4. ENFORCEMENT PROVISIONS.
Sections 4B, 4C, 4E, 4F, 4G, 4H, 12, 13, 15, and 16 of the Clayton
Act (15 U.S.C. 15b, 15c, 15e, 15f, 15g, 15h, 22, 23, 25, 26a) shall
apply with respect to a violation of section 2 in the same manner as
such sections apply with respect to a violation of the antitrust laws.
SEC. 5. SPECIAL COUNSEL FOR AGRICULTURE.
(a) Establishment of Office.--The Attorney General shall establish
in the Department of Justice an Office of Special Counsel for
Agriculture that shall handle agricultural antitrust issues and related
matters, as determined by the Attorney General.
(b) Appointment.--The Special Counsel for Agriculture may be
appointed by the Attorney General only after the expiration of the 30-
day period beginning on the date the Attorney General publishes in the
Federal Register the name of the individual proposed to be appointed
and requests public comment with respect to the appointment of such
individual.
SEC. 6. GAO STUDY.
(a) In General.--The Comptroller General shall conduct a study and
make findings and recommendations with respect to--
(1) whether the Grain Inspection, Packers and Stockyard
Administration needs additional resources in order to expand
its capability to monitor and investigate the competitive
implications of structural changes and practices in the meat
packing industry; and
(2) whether there are disparities in the Grain Inspection,
Packers and Stockyard Administration's administrative authority
with regard to the poultry, beef, and pork industries.
(b) Report.--The Comptroller General shall submit a report to
Congress on the study, findings, and recommendations required by
subsection (a) not later than 1 year after the date of enactment of
this Act.
SEC. 7. DEFINITIONS.
For purposes of this Act--
(1) the term ``antitrust laws'' has the meaning given such
term in subsection (a) of the 1st section of the Clayton Act
(15 U.S.C. 12(a)),
(2) the term ``basic agricultural commodity'' means corn,
wheat, or soybeans,
(3) the term ``livestock'' means cattle, sheep, goats,
swine, or equine animals used for food or in the production of
food,
(4) the term ``person'' has the meaning given such term in
subsection (a) of the 1st section of the Clayton Act (15 U.S.C.
12(a)),
(5) the term ``poultry'' means chickens, turkeys, ducks,
geese, or other domestic fowl used for food or in the
production of food, and
(6) the term ``Secretary'' means the Secretary of
Agriculture. | (Sec. 3) Requires such a purchaser filing a premerger notice under the Clayton Act to also file with the Secretary of Agriculture. Provides for: (1) public comment; and (2) review by the Secretary respecting such action's anticompetitive effects.
(Sec. 4) Subjects such actions to specified enforcement provisions of the Clayton Act.
(Sec. 5) Directs the Attorney General to establish in the Department of Justice an Office of Special Counsel for Agriculture to handle agricultural antitrust issues.
(Sec. 6) Directs the Comptroller General to conduct a study respecting whether: (1) the Grain Inspection, Packers and Stockyard Administration needs additional resources to monitor and investigate the competitive implications of meat packing industry practices; and (2) disparities exist in the Administration's authority respecting the poultry, meat, and pork industries. | {"src": "billsum_train", "title": "Agriculture Competition Enhancement Act of 2000"} | 1,220 | 188 | 0.493807 | 1.522127 | 0.85034 | 2.95122 | 6.981707 | 0.890244 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore Online Shoppers' Confidence
Act''.
SEC. 2. FINDINGS; DECLARATION OF POLICY.
The Congress finds the following:
(1) The Internet has become an important channel of
commerce in the United States, accounting for billions of
dollars in retail sales every year. Over half of all American
adults have now either made an online purchase or an online
travel reservation.
(2) Consumer confidence is essential to the growth of
online commerce. To continue its development as a marketplace,
the Internet must provide consumers with clear, accurate
information and give sellers an opportunity to fairly compete
with one another for consumers' business.
(3) An investigation by the Senate Committee on Commerce,
Science, and Transportation found abundant evidence that the
aggressive sales tactics many companies use against their
online customers have undermined consumer confidence in the
Internet and thereby harmed the American economy.
(4) The Committee showed that, in exchange for ``bounties''
and other payments, hundreds of reputable online retailers and
Web sites shared their customers' billing information,
including credit card and debit card numbers, with third party
sellers through a process known as ``data pass''. These third
party sellers in turn used aggressive, misleading sales tactics
to charge millions of American consumers for membership clubs
the consumers did not want.
(5) Third party sellers offered membership clubs to
consumers as they were in the process of completing their
initial transactions on hundreds of Web sites. These third
party ``post-transaction'' offers were designed to make
consumers think the offers were part of the initial purchase,
rather than a new transaction with a new seller.
(6) Third party sellers charged millions of consumers for
membership clubs without ever obtaining consumers' billing
information, including their credit or debit card information,
directly from the consumers. Because third party sellers
acquired consumers' billing information from the initial
merchant through ``data pass'', millions of consumers were
unaware they had been enrolled in membership clubs.
(7) The use of a ``data pass'' process defied consumers'
expectations that they could only be charged for a good or a
service if they submitted their billing information, including
their complete credit or debit card numbers.
(8) Third party sellers used a free trial period to enroll
members, after which they periodically charged consumers until
consumers affirmatively canceled the memberships. This use of
``free-to-pay conversion'' and ``negative option'' sales took
advantage of consumers' expectations that they would have an
opportunity to accept or reject the membership club offer at
the end of the trial period.
SEC. 3. PROHIBITIONS AGAINST CERTAIN UNFAIR AND DECEPTIVE INTERNET
SALES PRACTICES.
(a) Requirements for Certain Internet-Based Sales.--It shall be
unlawful for any post-transaction third party seller to charge or
attempt to charge any consumer's credit card, debit card, bank account,
or other financial account for any good or service sold in a
transaction effected on the Internet, unless--
(1) before obtaining the consumer's billing information,
the post-transaction third party seller has clearly and
conspicuously disclosed to the consumer all material terms of
the transaction, including--
(A) a description of the goods or services being
offered;
(B) the fact that the post-transaction third party
seller is not affiliated with the initial merchant,
which may include disclosure of the name of the post-
transaction third party in a manner that clearly
differentiates the post-transaction third party seller
from the initial merchant; and
(C) the cost of such goods or services; and
(2) the post-transaction third party seller has received
the express informed consent for the charge from the consumer
whose credit card, debit card, bank account, or other financial
account will be charged by--
(A) obtaining from the consumer--
(i) the full account number of the account
to be charged; and
(ii) the consumer's name and address and a
means to contact the consumer; and
(B) requiring the consumer to perform an additional
affirmative action, such as clicking on a confirmation
button or checking a box that indicates the consumer's
consent to be charged the amount disclosed.
(b) Prohibition on Data-Pass Used To Facilitate Certain Deceptive
Internet Sales Transactions.--It shall be unlawful for an initial
merchant to disclose a credit card, debit card, bank account, or other
financial account number, or to disclose other billing information that
is used to charge a customer of the initial merchant, to any post-
transaction third party seller for use in an Internet-based sale of any
goods or services from that post-transaction third party seller.
(c) Limitations on Use of Negative Option Feature in Internet-Based
Sales Transactions.--It shall be unlawful for any person to charge or
attempt to charge any consumer for any goods or services sold in a
transaction effected on the Internet through a negative option feature,
unless--
(1) before obtaining the consumer's initial agreement to
participate, the seller has clearly and conspicuously disclosed
all material terms of the transaction, including--
(A) the name of the entity offering the goods or
services;
(B) a description of the goods or services being
offered;
(C) the cost of such goods or services;
(D) notice of when billing will begin and at what
intervals the charges will occur;
(E) the length of any trial period;
(F) a statement that the consumer's account will be
charged unless the consumer takes affirmative action
and the steps the consumer must take to the avoid the
charge; and
(G) instructions for stopping the recurring charges
in accordance with the requirements of paragraph (3);
(2) the seller has obtained the express informed consent
described in subsection (a)(2) from the consumer before
charging or attempting to charge the consumer's credit card,
debit card, bank account, or other financial account on a
recurring basis; and
(3) the seller enables the consumer to stop recurring
charges from being made to the consumer's credit card, debit
card, bank account, or other financial account through a simple
process that is available via the Internet and email.
(d) Application With Other Law.--Nothing in this Act shall be
construed to supersede, modify, or otherwise affect the requirements of
the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) or any
regulation promulgated thereunder.
(e) Definitions.--In this section:
(1) Initial merchant.--The term ``initial merchant'' means
a person that has obtained a consumer's billing information
directly from the consumer through an Internet transaction
initiated by the consumer.
(2) Negative option feature.--The term ``negative option
feature'' has the meaning given that term in section 310.2(t)
of the Federal Trade Commission's Telemarketing Sales Rule
regulations (16 C.F.R. 310.2(t)).
(3) Post-transaction third party seller.--The term ``post-
transaction third party seller'' means a person that--
(A) sells, or offers for sale, any good or service
on the Internet;
(B) solicits the purchase of such goods or services
on the Internet through an initial merchant after the
consumer has initiated a transaction with the initial
merchant; and
(C) is not a subsidiary or corporate affiliate of
the initial merchant.
SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) In General.--Violation of this Act or any regulation prescribed
under this Act shall be treated as a violation of a rule under section
18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair
or deceptive acts or practices. The Federal Trade Commission shall
enforce this Act in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this Act.
(b) Regulations.--Notwithstanding any other provision of law, the
Commission may promulgate such regulations as it finds necessary or
appropriate to carry out this Act under section 553 of title 5, United
States Code.
(c) Penalties.--Any person who violates this Act or any regulation
prescribed under this Act shall be subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act as though all applicable terms and provisions of the
Federal Trade Commission Act were incorporated in and made part of this
Act.
(d) Authority Preserved.--Nothing in this section shall be
construed to limit the authority of the Commission under any other
provision of law.
SEC. 5. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) Right of Action.--Except as provided in subsection (e), the
attorney general of a State, or other authorized State officer,
alleging a violation of this Act or any regulation issued under this
Act that affects or may affect such State or its residents may bring an
action, as parens patriae, on behalf of the residents of the State in
any United States district court for the district in which the
defendant is found, resides, or transacts business, or wherever venue
is proper under section 1391 of title 28, United States Code, to enjoin
further violation, to compel compliance with this Act and any
regulation issued under this Act, to obtain damages, restitution, or
other compensation on behalf of residents of such State, or to obtain
such further and other relief as the court may deem appropriate.
(b) Notice to Commission Required.--A State shall provide prior
written notice to the Federal Trade Commission of any civil action
under subsection (a) together with a copy of its complaint, except that
if it is not feasible for the State to provide such prior notice, the
State shall provide such notice immediately upon instituting such
action.
(c) Intervention by the Commission.--The Commission may intervene
in such civil action and upon intervening may--
(1) be heard on all matters arising in such civil action;
and
(2) file petitions for appeal of a decision in such civil
action.
(d) Construction.--Nothing in this section shall be construed--
(1) to prevent the attorney general of a State, or other
authorized State officer, from exercising the powers conferred
on the attorney general, or other authorized State officer, by
the laws of such State; or
(2) to prohibit the attorney general of a State, or other
authorized State officer, from proceeding in State or Federal
court on the basis of an alleged violation of any civil or
criminal statute of that State.
(e) Limitation.--Whenever a civil action has been instituted by or
on behalf of the Federal Trade Commission for violation of this Act or
any regulation prescribed under this Act, no State may, during the
pendency of such action instituted by or on behalf of the Commission,
institute a civil action under subsection (a) of this section against
any defendant named in the complaint in such action for violation of
this Act or any regulation prescribed under this Act as alleged in such
complaint. | Restore Online Shoppers' Confidence Act - Defines "post-transaction third party seller" as a person that: (1) sells, or offers for sale, any good or service on the Internet; (2) solicits purchases on the Internet through an initial merchant after the consumer has initiated a transaction with the initial merchant; and (3) is not a subsidiary or corporate affiliate of the initial merchant.
Makes it unlawful for any post-transaction third party seller to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account in an Internet-based transaction, unless: (1) before obtaining the consumer's billing information, the seller has disclosed all material terms, including the fact that the seller is not affiliated with the initial merchant; and (2) the seller has received the express informed consent.
Makes it unlawful for an initial merchant to disclose such financial account number or other billing information to any such seller (sometimes referred to as a data-pass).
Makes it unlawful, subject to exception, for any person to charge or attempt to charge a consumer for goods or services sold in an Internet-based transaction through a "negative option feature." Defines "negative option feature" as a provision under which the customer's failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer.
Prohibits construing this Act to supersede or otherwise affect the Electronic Fund Transfer Act or any regulation thereunder.
Treats a violation of this Act or any regulation thereunder as an unfair or deceptive act or practice. Requires the Federal Trade Commission (FTC) to enforce this Act.
Authorizes any state attorney general to bring an action on behalf of the state's residents to enjoin further violation, to compel compliance with this Act, to obtain damages, or to obtain other appropriate relief. | {"src": "billsum_train", "title": "To protect consumers from certain aggressive sales tactics on the Internet."} | 2,452 | 413 | 0.530238 | 1.89675 | 0.752565 | 4.668449 | 6.179144 | 0.930481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montgomery GI Bill Educational
Assistance Transferability Act of 2008''.
SEC. 2. REMOVAL OF CERTAIN LIMITATIONS ON TRANSFER OF ENTITLEMENT TO
BASIC EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3020 of title 38, United States Code, is
amended--
(1) in the heading, by striking ``: members of the Armed
Forces with critical military skills'';
(2) in subsection (a)--
(A) by striking ``with critical military skills and
at such Secretary's sole discretion''; and
(B) by striking ``, subject to the limitation under
subsection (d)'';
(3) in subsection (b)--
(A) in paragraph (1), by striking the semicolon at
the end and inserting ``; and'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2);
(4) by striking subsection (d); and
(5) by redesignating subsections (e) through (m) as
subsections (d) through (l), respectively.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (g)(2), as redesignated by subsection
(a)(5) of this section, by striking ``under subsection (e)(2)''
and inserting ``under subsection (d)(2)'';
(2) in subsection (h)(2), as redesignated by subsection
(a)(5) of this section, by striking ``under subsection (b)(3)''
and inserting ``under subsection (b)(2)''; and
(3) in subsection (j), as redesignated by subsection (a)(5)
of this section--
(A) by striking ``under subsection (f)(2)'' and
inserting ``under subsection (e)(2)''; and
(B) by striking ``in subsection (h)(5)'' and
inserting ``in subsection (g)(5)''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of such title is amended by amending the item relating to
section 3020 to read as follows:
``3020. Transfer of entitlement to basic educational assistance.''.
SEC. 3. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER THE
RESERVE MONTGOMERY GI BILL.
(a) Selected Reserve.--
(1) In general.--Chapter 1606 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 16138. Transfer of entitlement to educational assistance
``(a) In General.--An individual described in subsection (b) who is
entitled to educational assistance under this chapter may elect to
transfer to one or more of the dependents specified in subsection (c) a
portion of such individual's entitlement to such assistance. An
individual transferring entitlement under this section shall submit
written notice to the Secretary concerned not later than the expiration
date of the period described in section 16133 of this title that is
applicable to such individual.
``(b) Eligible Individuals.--An individual referred to in
subsection (a) is any member of the armed forces who, at the time of
the approval by the Secretary concerned of the member's request to
transfer entitlement to basic educational assistance under this
section--
``(1) has completed six years of service in the Selected
Reserve; and
``(2) enters into an agreement to remain a member of the
Selected Reserve for a period of not less than four years.
``(c) Eligible Dependents.--An individual may transfer entitlement
under this section as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(d) Designation of Transferee.--An individual transferring
entitlement under this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to
be transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each such dependent.
``(e) Revocation and Modification.--An individual transferring
entitlement under this section may modify or revoke at any time the
transfer of any unused portion of the entitlement so transferred. The
modification or revocation of the transfer of entitlement under this
subsection shall be made by the submittal of written notice of the
action to both the Secretary concerned and the Secretary of Veterans
Affairs.
``(f) Commencement of Use.--If the dependent to whom entitlement is
transferred under this section is a child, the use of the transferred
entitlement may not commence until the child--
``(1) completes the requirements of a secondary school
diploma (or equivalency certificate); or
``(2) attains 18 years of age.
``(g) Time Limitation for Use of Eligibility and Entitlement.--
Notwithstanding section 16133 of this title, and subject to subsection
(d)(3), a dependent to whom entitlement is transferred under this
section may use such entitlement until the later of--
``(1) the expiration date of a 15-year period beginning on
the date on which the individual who transferred such
entitlement to the dependent becomes entitled to such
assistance; and
``(2) the date that is 10 years after the date the
individual who transferred such entitlement to the dependent is
separated from the Selected Reserve.
``(h) Additional Administrative Matters.--
``(1) Use of entitlement charged to transferring
individual.--The use of any entitlement transferred under this
section shall be charged against the entitlement of the
individual making the transfer at the rate of one month for
each month of transferred entitlement that is used.
``(2) Entitlement to assistance.--Except as provided under
paragraphs (2) and (3) of subsection (d) and subsection (g),
and subject to paragraph (5), a dependent to whom entitlement
is transferred under this section is entitled to educational
assistance under this chapter in the same manner as the
individual from whom entitlement was transferred.
``(3) Monthly rate of education assistance payable.--The
monthly rate of educational assistance payable to a dependent
to whom entitlement is transferred under this section shall be
the monthly amount payable under section 16131 of this title to
the individual making the transfer.
``(4) Use of transferred entitlement not affected by death
of transferor.--The death of an individual transferring
entitlement under this section shall not affect the use of the
transferred entitlement by the dependent to whom entitlement is
transferred.
``(5) Age limitation.--Notwithstanding subsection (g) and
section 16133 of this title, a child to whom entitlement is
transferred under this section may not use any entitlement so
transferred after attaining the age of 26 years.
``(6) Transferability to non-child of entitlement for
purpose of secondary school diploma.--Except as provided in
subsection (f), the purposes for which a dependent to whom
entitlement is transferred under this section may use such
entitlement shall include the pursuit and completion of the
requirements of a secondary school diploma (or equivalency
certificate).
``(i) Overpayment.--In the event of an overpayment of basic
educational assistance with respect to a dependent to whom entitlement
is transferred under this section, the dependent and the individual
making the transfer shall be jointly and severally liable to the United
States for the amount of the overpayment for purposes of section 3685
of title 38.
``(j) Regulations.--The Secretaries concerned shall prescribe
regulations for purposes of this section.
``(k) Secretary Concerned Defined.--Notwithstanding section
101(a)(9) of this title, in this section the term `Secretary concerned'
means--
``(1) the Secretary of the Army with respect to matters
concerning the Army;
``(2) the Secretary of the Navy with respect to matters
concerning the Navy or the Marine Corps;
``(3) the Secretary of the Air Force with respect to
matters concerning the Air Force; and
``(4) the Secretary of Defense with respect to matters
concerning the Coast Guard, or the Secretary of Homeland
Security when it is not operating as a service in the Navy.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``16138. Transfer of entitlement to educational assistance.''.
(b) Conforming Amendments.--
(1) Time limitation.--Section 16133(a) of such title is
amended by inserting ``and section 16138 of this title'' after
``subsection (b)''.
(2) Biennial report.--Section 16137 of such title is
amended by inserting after the second sentence the following:
``Each such report shall also include the number of members of
the Selected Reserve of the Ready Reserve of each armed force
transferring entitlement to educational assistance under
section 16138.''. | Montgomery GI Bill Educational Assistance Transferability Act of 2008 - Amends the Montgomery GI Bill educational assistance program to authorize the Secretary of the military department concerned to permit any member of the Armed Forces (currently, only members with critical military skills) entitled to basic educational assistance to elect to transfer a portion of such assistance to one or more dependents. Removes the 18-month limitation on the number of months of entitlement authorized to be transferred.
Provides similar eligibility for the transfer of educational assistance for members of the Selected Reserve who have completed at least six years of service and enter into an agreement to remain a member of such Reserve for at least four more years. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to remove certain limitations on the transfer of entitlement to basic educational assistance under the Montgomery GI Bill, and for other purposes."} | 2,001 | 142 | 0.464031 | 1.206463 | 0.56802 | 2.740157 | 14.80315 | 0.88189 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a balanced civil space program is a critical element of
the Nation's investment in research and development that needs
to be maintained even as the United States reduces its deficit;
(2) the National Aeronautics and Space Administration will
require predictable and adequate funding over the next 5 years
in order to carry out a balanced program of initiatives in
human space flight and science, aeronautics, and technology;
(3) international cooperation can play a major role in
leveraging American investments in space exploration and
utilization and should be encouraged; and
(4) the National Aeronautics and Space Administration
should continue its efforts to reduce institutional costs,
through management restructuring, facility consolidation when
appropriate, procurement reform, personnel base downsizing, and
convergence with other defense and private sector systems.
SEC. 3. DEFINITION.
For purposes of this Act, the term ``Administrator'' means the
Administrator of the National Aeronautics and Space Administration.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Subtitle A--Authorizations
SEC. 101. HUMAN SPACE FLIGHT.
(a) Authorizations.--There are authorized to be appropriated to the
National Aeronautics and Space Administration for fiscal year 1996 for
Human Space Flight the following amounts:
(1) For the Space Station, $1,833,600,000.
(2) For Russian Cooperation, $129,200,000.
(3) For the Space Shuttle, $3,171,800,000.
(4) For Payload and Utilization Operations, $315,000,000.
(b) Construction of Facilities.--(1) Of the funds authorized to be
appropriated under subsection (a)(1), $14,800,000 are authorized for
construction of a Neutral Buoyancy Laboratory, Johnson Space Center.
The Administrator is authorized to exercise an option to purchase, for
not more than $35,000,000, the Clear Lake Development Facility,
containing the Sonny Carter Training Facility and the approximately
13.7 acre parcel of land on which it is located, using funds authorized
by this Act.
(2) Of the funds authorized to be appropriated under subsection
(a)(3), $7,500,000 are authorized for replacement of the Chemical
Analysis Facility, Kennedy Space Center.
(3) Of the funds authorized to be appropriated under subsection
(a)(3), $4,900,000 are authorized for replacement of the Space Shuttle
Main Engine Processing Facility, Kennedy Space Center.
(4) Of the funds authorized to be appropriated under subsection
(a)(3), $5,000,000 are authorized for modernization of the Firex
System, Pads A and B, Kennedy Space Center.
SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.
(a) Authorizations.--There are authorized to be appropriated to the
National Aeronautics and Space Administration for fiscal year 1996 for
Science, Aeronautics, and Technology the following amounts:
(1) For Space Science, $1,972,400,000, of which--
(A) $1,154,600,000 are authorized for Physics and
Astronomy, including $7,000,000 for the Space Infrared
Telescope Facility, $28,700,000 for the Stratospheric
Observatory for Infrared Astronomy, and $51,500,000 for
the Gravity Probe B Relativity Mission; and
(B) $817,800,000 are authorized for Planetary
Exploration, including $20,000,000 for the New
Millenium program.
(2) For Life and Microgravity Sciences and Applications,
$504,000,000.
(3) For Mission to Planet Earth, $1,287,460,000.
(4) For Space Access and Technology, $557,300,000, of
which--
(A) $59,000,000 are authorized for the Reusable
Launch Vehicle technology development program, and, to
the extent provided in appropriations Acts, the
Administrator may utilize up to $100,000,000 from funds
otherwise provided to the Department of Defense for the
Reusable Launch Vehicle;
(B) $140,500,000 are authorized for Spacecraft and
Remote Sensing; and
(C) $22,600,000 are authorized for the Small
Spacecraft Technology Initiative.
(5) For Aeronautical Research and Technology, $877,300,000,
of which--
(A) $354,700,000 are authorized for Research and
Technology Base activities;
(B) $240,500,000 are authorized for High Speed
Research;
(C) $163,400,000 are authorized for Advanced
Subsonic Technology; and
(D) $65,200,000 are authorized for High Performance
Computing and Communications.
(6) For Mission Communication Services, $461,300,000.
(7) For Academic Programs, $102,200,000.
(b) Construction of Facilities.--(1) Of the funds authorized to be
appropriated under subsection (a)(2), $3,000,000 are authorized for the
construction of an addition to the Microgravity Development Laboratory,
Marshall Space Flight Center.
(2) Of the funds authorized to be appropriated under subsection
(a)(3), $17,000,000 are authorized for construction of Earth Systems
Science Building, Goddard Space Flight Center.
(3) Of the funds authorized to be appropriated under subsection
(a)(5), $5,400,000 are authorized for modernization of the Unitary Plan
Wind Tunnel Complex, Ames Research Center.
SEC. 103. MISSION SUPPORT.
There are authorized to be appropriated to the National Aeronautics
and Space Administration for fiscal year 1996 for Mission Support the
following amounts:
(1) For Safety, Reliability, and Quality Assurance,
$37,600,000.
(2) For Space Communications Services, $299,400,000, of
which $175,800,000 are authorized for the Tracking and Data
Relay Satellite Replenishment program.
(3) For Research and Program Management, including
personnel and related costs, travel, and research operations
support, $2,094,800.
(4) For Construction of Facilities, including land
acquisition, $166,400,000, of which--
(A) $6,300,000 are authorized for restoration of
Flight Systems Research Laboratory, Ames Research
Center;
(B) $3,000,000 are authorized for restoration of
Chilled Water Distribution System, Goddard Space Flight
Center;
(C) $4,800,000 are authorized for replacement of
Chillers, various buildings, Jet Propulsion Laboratory;
(D) $1,100,000 are authorized for rehabilitation of
Electrical Distribution System, White Sands Test
Facility, Johnson Space Center;
(E) $4,200,000 are authorized for replacement of
Main Substation Switchgear and Circuit Breakers,
Johnson Space Center;
(F) $1,800,000 are authorized for replacement of
15KV Load Break Switches, Kennedy Space Center;
(G) $9,000,000 are authorized for rehabilitation of
Central Air Equipment Building, Lewis Research Center;
(H) $4,700,000 are authorized for restoration of
High Pressure Air Compressor System, Marshall Space
Flight Center;
(I) $6,800,000 are authorized for restoration of
Information and Electronic Systems Laboratory, Marshall
Space Flight Center;
(J) $1,400,000 are authorized for restoration of
Canal Lock, Stennis Space Center;
(K) $2,500,000 are authorized for restoration of
Primary Electrical Distribution System, Wallops Flight
Facility;
(L) $35,000,000 are authorized for repair of
facilities at various locations, not in excess of
$1,500,000 per project;
(M) $35,000,000 are authorized for rehabilitation
and modification of facilities at various locations,
not in excess of $1,500,000 per project;
(N) $3,800,000 are authorized for minor
construction of new facilities and additions to
existing facilities at various locations, not in excess
of $1,500,000 per project;
(O) $10,000,000 are authorized for facility
planning and design; and
(P) $37,000,000 are authorized for environmental
compliance and restoration.
SEC. 104. INSPECTOR GENERAL.
There are authorized to be appropriated to the National Aeronautics
and Space Administration for fiscal year 1996 for Inspector General,
$17,300,000.
SEC. 105. TOTAL CONSTRUCTION OF FACILITIES AUTHORIZATION.
Notwithstanding any other provision of this title, the total amount
authorized to be appropriated under this Act for Construction of
Facilities shall not exceed $214,000,000.
Subtitle B--Limitations and Special Authority
SEC. 111. USE OF FUNDS FOR CONSTRUCTION.
(a) Authorized Uses.--Funds appropriated under sections 101(a),
102(a), and 103 (1) and (2), and funds appropriated for research
operations support under section 103(3), may be used for the
construction of new facilities and additions to, repair of,
rehabilitation of, or modification of existing facilities at any
location in support of the purposes for which such funds are
authorized.
(b) Limitation.--None of the funds used pursuant to subsection (a)
may be expended for a project, the estimated cost of which to the
National Aeronautics and Space Administration, including collateral
equipment, exceeds $500,000, until 30 days have passed after the
Administrator has notified the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the nature, location, and estimated
cost to the National Aeronautics and Space Administration of such
project.
(c) Title to Facilities.--If funds are used pursuant to subsection
(a) for grants to institutions of higher education, or to nonprofit
organizations whose primary purpose is the conduct of scientific
research, for purchase or construction of additional research
facilities, title to
such facilities shall be vested in the United States unless the
Administrator determines that the national program of aeronautical and
space activities will best be served by vesting title in the grantee
institution or organization. Each such grant shall be made under such
conditions as the Administrator shall determine to be required to
ensure that the United States will receive therefrom the benefits
adequate to justify the making of that grant.
SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appropriations
authorized under subtitle A may remain available without fiscal year
limitation.
SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.
Appropriations authorized under section 101(b), 102(b), or 103(4)--
(1) may be varied upward by 10 percent at the discretion of
the Administrator; or
(2) may be varied upward by 25 percent, to meet unusual
cost variations, after the expiration of 30 days following a
report on the circumstances of such action by the Administrator
to the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate.
The aggregate amount authorized to be appropriated under sections
101(b), 102(b), and 103(4) shall not be increased as a result of
actions authorized under paragraphs (1) and (2) of this section.
SEC. 114. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of this Act--
(1) no amount appropriated to the National Aeronautics and
Space Administration may be used for any program for which the
President's annual budget request included a request for
funding, but for which the Congress denied or did not provide
funding;
(2) no amount appropriated to the National Aeronautics and
Space Administration may be used for any program in excess of
the amount actually authorized for the particular program by
subtitle A; and
(3) no amount appropriated to the National Aeronautics and
Space Administration may be used for any program which has not
been presented to the Congress in the President's annual budget
request or the supporting and ancillary documents thereto,
unless a period of 30 days has passed after the receipt by the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate of notice given
by the Administrator containing a full and complete statement of the
action proposed to be taken and the facts and circumstances relied upon
in support of such proposed action. The National Aeronautics and Space
Administration shall keep the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate fully and currently informed with respect
to all activities and responsibilities within the jurisdiction of those
committees. Except as otherwise provided by law, any Federal
department, agency, or independent establishment shall furnish any
information requested by either committee relating to any such activity
or responsibility.
SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY
EXPENSES.
Funds appropriated under section 102 may be used, but not to exceed
$35,000, for scientific consultations or extraordinary expenses upon
the authorization of the Administrator.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. PURCHASE OF AIRBORNE INFRARED ASTRONOMY DATA SERVICES.
(a) Contract for Services.--The Administrator is authorized to
enter into multiyear contracts for the purchase of services to provide
infrared astronomical data by airborne platforms. Such contracts may
provide for the acquisition of aircraft, instruments, support
equipment, and any capital items necessary to meet Government needs,
and further, the costs of such items may be amortized over the life of
the contract.
(b) Termination Liability.--Any contract entered into pursuant to
this section may provide for the payment of contingent liability that
may accrue in the event that the Federal Government for its convenience
terminates such contracts. Payments made for such liability shall be
derived from appropriations for Science, Aeronautics, and Technology
which remain unobligated from any fiscal year.
(c) Calculation of Transactions.--For the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985, the Congressional
Budget Act of 1974, the Budget Enforcement Act of 1990, and
scorekeeping guidelines, the Office of Management and Budget and the
Congressional Budget Office shall score any contract entered into under
this section in the same manner as if the contract had been entered
into on September 30, 1990.
SEC. 202. FACILITIES CLOSING COMMISSION.
(a) Establishment.--In the event that the total amount of funds
appropriated to the National Aeronautics and Space Administration for
fiscal year 1996 is less than the amount authorized to be appropriated
to the National Aeronautics and Space Administration in this Act, there
shall be established an independent commission to be known as the
National Aeronautics and Space Administration Facilities Commission
(hereafter referred to in this section as the ``Commission''). The
Commission shall be constituted and conduct its activities in
accordance with a plan provided to Congress by the President within 90
days after the date of the enactment of the Act making such
appropriations.
(b) Purpose.--The purpose of the Commission shall be to make
recommendations for the closure or reconfiguration of National
Aeronautics and Space Administration facilities, including research and
operations Centers, resulting in cost savings for the overall budget
for such facilities. | TABLE OF CONTENTS:
Title I: Authorization of Appropriations
Subtitle A: Authorizations
Subtitle B: Limitations and Special Authority
Title II: Miscellaneous Provisions
National Aeronautics and Space Administration Authorization Act, Fiscal Year 1996 -
Title I: Authorization of Appropriations
-
Subtitle A: Authorizations
- Authorizes appropriations for the National Aeronautics and Space Administration (NASA) for: (1) human space flight; (2) science, aeronautics, and technology, including facilities construction; (3) mission support; and (4) the Inspector General.
Places a ceiling on authorization of appropriations for construction.
Subtitle B: Limitations and Special Authority
- Sets forth fund uses and limitations.
Title II: Miscellaneous Provisions
- Authorizes the purchase of airborne infrared astronomy data services.
States that if NASA appropriations are less than appropriations authorized under this Act, there shall be established a National Aeronautics and Space Administration Facilities Commission to recommend closure or reconfiguration of NASA facilities. | {"src": "billsum_train", "title": "National Aeronautics and Space Administration Authorization Act, Fiscal Year 1996"} | 3,253 | 241 | 0.560951 | 1.67618 | 0.764206 | 2.648241 | 14.643216 | 0.839196 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering Iran in the Western
Hemisphere Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has vital political, economic, and
security interests in the Western Hemisphere.
(2) Iran is pursuing cooperation with Latin American countries
by signing economic and security agreements in order to create a
network of diplomatic and economic relationships to lessen the blow
of international sanctions and oppose Western attempts to constrict
its ambitions.
(3) According to the Department of State, Hezbollah, with Iran
as its state sponsor, is considered the ``most technically capable
terrorist group in the world'' with ``thousands of supporters,
several thousand members, and a few hundred terrorist operatives,''
and officials from the Iranian Islamic Revolutionary Guard Corps
(IRGC) Qods Force have been working in concert with Hezbollah for
many years.
(4) The IRGC's Qods Force has a long history of supporting
Hezbollah's military, paramilitary, and terrorist activities,
providing it with guidance, funding, weapons, intelligence, and
logistical support, and in 2007, the Department of the Treasury
placed sanctions on the IRGC and its Qods Force for their support
of terrorism and proliferation activities.
(5) The IRGC's Qods Force stations operatives in foreign
embassies, charities, and religious and cultural institutions to
foster relationships, often building on existing socioeconomic ties
with the well established Shia Diaspora, and recent years have
witnessed an increased presence in Latin America.
(6) According to the Department of Defense, the IRGC and its
Qods Force played a significant role in some of the deadliest
terrorist attacks of the past two decades, including the 1994
attack on the AMIA Jewish Community Center in Buenos Aires, by
generally directing or supporting the groups that actually executed
the attacks.
(7) Reports of Iranian intelligence agents being implicated in
Hezbollah-linked activities since the early 1990s suggest direct
Iranian government support of Hezbollah activities in the Tri-
Border Area of Argentina, Brazil, and Paraguay, and in the past
decade, Iran has dramatically increased its diplomatic missions to
Venezuela, Bolivia, Nicaragua, Ecuador, Argentina, and Brazil. Iran
has built 17 cultural centers in Latin America, and it currently
maintains 11 embassies, up from 6 in 2005.
(8) Hezbollah and other Iranian proxies with a presence in
Latin America have raised revenues through illicit activities,
including drug and arms trafficking, counterfeiting, money
laundering, forging travel documents, pirating software and music,
and providing haven and assistance to other terrorists transiting
the region.
(9) Bolivia, Cuba, Ecuador, Nicaragua, and Venezuela expressed
their intention to assist Iran in evading sanctions by signing a
statement supporting Iran's nuclear activities and announcing at a
2010 joint press conference in Tehran their determination to
``continue and expand their economic ties to Iran'' with confidence
that ``Iran can give a crushing response to the threats and
sanctions imposed by the West and imperialism''.
(10) The U.S. Drug Enforcement Administration concluded in 2008
that almost one-half of the foreign terrorist organizations in the
world are linked to narcotics trade and trafficking, including
Hezbollah and Hamas.
(11) In October 2011, the United States charged two men,
Manssor Arbabsiar, a United States citizen holding both Iranian and
United States passports, and Gholam Shakuri, an Iran-based member
of Iran's IRGC Qods Force, with conspiracy to murder a foreign
official using explosives in an act of terrorism. Arbabsiar
traveled to Mexico with the express intent to hire ``someone in the
narcotics business'' to carry out the assassination of the Saudi
Arabian Ambassador in the United States. While in the end, he only
engaged a U.S. Drug Enforcement Agency informant posing as an
associate of a drug trafficking cartel, Arbabsiar believed that he
was working with a member of a Mexican drug trafficking
organization and sought to send money to this individual in
installments and not in a single transfer.
(12) In February 2011, actions by the Department of the
Treasury effectively shut down the Lebanese Canadian Bank.
Subsequent actions by the United States Government in connection
with the investigation into Lebanese Canadian Bank resulted in the
indictment in December 2011 of Ayman Joumaa, an individual of
Lebanese nationality, with citizenship in Lebanon and Colombia, and
with ties to Hezbollah, for trafficking cocaine to the Los Zetas
drug trafficking organization in Mexico City for sale in the United
States and for laundering the proceeds.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States to use a comprehensive
government-wide strategy to counter Iran's growing hostile presence and
activity in the Western Hemisphere by working together with United
States allies and partners in the region to mutually deter threats to
United States interests by the Government of Iran, the Iranian Islamic
Revolutionary Guard Corps (IRGC), the IRGC's Qods Force, and Hezbollah.
SEC. 4. DEFINITIONS.
In this Act:
(1) Western hemisphere.--The term ``Western Hemisphere'' means
the United States, Canada, Mexico, the Caribbean, South America,
and Central America.
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 5. REQUIREMENT OF A STRATEGY TO ADDRESS IRAN'S GROWING HOSTILE
PRESENCE AND ACTIVITY IN THE WESTERN HEMISPHERE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall conduct an
assessment of the threats posed to the United States by Iran's growing
presence and activity in the Western Hemisphere and submit to the
relevant congressional committees the results of the assessment and a
strategy to address Iran's growing hostile presence and activity in the
Western Hemisphere.
(b) Matters To Be Included.--The strategy described in subsection
(a) should include--
(1) a description of the presence, activities, and operations
of Iran, the Iranian Islamic Revolutionary Guard Corps (IRGC), its
Qods Force, Hezbollah, and other terrorist organizations linked to
Iran that may be present in the Western Hemisphere, including
information about their leaders, objectives, and areas of influence
and information on their financial networks, trafficking
activities, and safe havens;
(2) a description of the terrain, population, ports, foreign
firms, airports, borders, media outlets, financial centers, foreign
embassies, charities, religious and cultural centers, and income-
generating activities in the Western Hemisphere utilized by Iran,
the IRGC, its Qods Force, Hezbollah, and other terrorist
organizations linked to Iran that may be present in the Western
Hemisphere;
(3) a description of the relationship of Iran, the IRGC, its
Qods Force, and Hezbollah with transnational criminal organizations
linked to Iran and other terrorist organizations in the Western
Hemisphere, including information on financial networks and
trafficking activities;
(4) a description of the relationship of Iran, the IRGC, its
Qods Force, Hezbollah, and other terrorist organizations linked to
Iran that may be present in the Western Hemisphere with the
governments in the Western Hemisphere, including military-to-
military relations and diplomatic, economic, and security
partnerships and agreements;
(5) a description of the Federal law enforcement capabilities,
military forces, State and local government institutions, and other
critical elements, such as nongovernmental organizations, in the
Western Hemisphere that may organize to counter the threat posed by
Iran, the IRGC, its Qods Force, Hezbollah, and other terrorist
organizations linked to Iran that may be present in the Western
Hemisphere;
(6) a description of activity by Iran, the IRGC, its Qods
Force, Hezbollah, and other terrorist organizations linked to Iran
that may be present at the United States borders with Mexico and
Canada and at other international borders within the Western
Hemisphere, including operations related to drug, human, and arms
trafficking, human support networks, financial support, narco-
tunneling, and technological advancements that incorporates--
(A) with respect to the United States borders, in
coordination with the Governments of Mexico and Canada and the
Secretary of Homeland Security, a plan to address resources,
technology, and infrastructure to create a secure United States
border and strengthen the ability of the United States and its
allies to prevent operatives from Iran, the IRGC, its Qods
Force, Hezbollah, or any other terrorist organization from
entering the United States; and
(B) within Latin American countries, a multiagency action
plan, in coordination with United States allies and partners in
the region, that includes the development of strong rule-of-law
institutions to provide security in such countries and a
counterterrorism and counter-radicalization plan to isolate
Iran, the IRGC, its Qods Force, Hezbollah, and other terrorist
organizations linked to Iran that may be present in the Western
Hemisphere from their sources of financial support and counter
their facilitation of terrorist activity; and
(7) a plan--
(A) to address any efforts by foreign persons, entities,
and governments in the region to assist Iran in evading United
States and international sanctions;
(B) to protect United States interests and assets in the
Western Hemisphere, including embassies, consulates,
businesses, energy pipelines, and cultural organizations,
including threats to United States allies;
(C) to support United States efforts to designate persons
and entities in the Western Hemisphere for proliferation
activities and terrorist activities relating to Iran, including
affiliates of the IRGC, its Qods Force, and Hezbollah, under
applicable law including the International Emergency Economic
Powers Act; and
(D) to address the vital national security interests of the
United States in ensuring energy supplies from the Western
Hemisphere that are free from the influence of any foreign
government that would attempt to manipulate or disrupt global
energy markets.
(c) Development.--In developing the strategy under this section,
the Secretary of State shall consult with the heads of all appropriate
United States departments and agencies, including the Secretary of
Defense, the Director of National Intelligence, the Secretary of
Homeland Security, the Secretary of the Treasury, the Attorney General,
and the United States Trade Representative.
(d) Form.--The strategy in this section may be submitted in
classified form, but shall include an unclassified summary of policy
recommendations to address the growing Iranian threat in the Western
Hemisphere.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that the Secretary of State should keep
the relevant congressional committees continually informed on the
hostile actions of Iran in the Western Hemisphere.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to limit the rights or
protections enjoyed by United States citizens under the United States
Constitution or other Federal law, or to create additional authorities
for the Federal Government that are contrary to the United States
Constitution and United States law.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 12, 2012. The summary of that version is repeated here.) Countering Iran in the Western Hemisphere Act of 2012 - States that it is U.S. policy to use a comprehensive strategy to counter Iran's growing hostile presence in the Western Hemisphere by working together with U.S. allies and partners in the region to deter threats to U.S. interests by Iran, the Iranian Islamic Revolutionary Guard Corps (IRGC), the IRGC's Qods Force, and Hezbollah. Directs the Secretary of State to submit to Congress a strategy to address Iran's growing presence and activity in the Western Hemisphere which should include: (1) descriptions of the presence, activities, and operations of Iran, the IRGC, the IRGC's Qods Force, and Hezbollah; (2) descriptions of the terrain, population, ports, foreign firms, airports, borders, media outlets, financial centers, foreign embassies, charities, religious and cultural centers, and income-generating activities utilized by Iran, the IRGC, the IRGC's Qods Force, and Hezbollah; (3) descriptions of the relationship of Iran, the IRGC, the IRGC's Qods Force, and Hezbollah with transnational criminal organizations; (4) descriptions of the relationship of Iran, the IRGC, the IRGC's Qods Force, and Hezbollah that may be present with governments in the Western Hemisphere; (5) descriptions of federal law enforcement capabilities, military forces, state and local government institutions, and other critical elements, such as nongovernmental organizations that may organize to counter the Iranian threat in the Western Hemisphere; (6) descriptions of activity by Iran, the IRGC, the IRGC's Qods Force, and Hezbollah that may be present at the U.S. borders with Mexico and Canada and at other international borders within the Western Hemisphere; and (7) a plan to address efforts by foreign persons, entities, and governments in the region to assist Iran in evading sanctions, to protect U.S. interests, assets, and allies in the Western Hemisphere, to support U.S. efforts to designate persons and entities in the Western Hemisphere for proliferation and terrorist activities relating to Iran, and to address vital U.S. interests in ensuring energy supplies from the Western Hemisphere. Authorizes such strategy to be submitted in classified form, but requires it to include an unclassified summary of policy recommendations addressing the growing Iranian threat in the Western Hemisphere. Expresses the sense of Congress that the Secretary should keep Congress informed about Iran's hostile actions in the Western Hemisphere. | {"src": "billsum_train", "title": "To provide for a comprehensive strategy to counter Iran's growing hostile presence and activity in the Western Hemisphere, and for other purposes."} | 2,615 | 628 | 0.62785 | 2.427245 | 0.528223 | 5.768116 | 4.730849 | 0.960663 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haqqani Network Terrorist
Designation Act of 2012''.
SEC. 2. REPORT ON DESIGNATION OF THE HAQQANI NETWORK AS A FOREIGN
TERRORIST ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) A report of the Congressional Research Service on relations
between the United States and Pakistan states that ``[t]he
terrorist network led by Jalaluddin Haqqani and his son Sirajuddin,
based in the FATA, is commonly identified as the most dangerous of
Afghan insurgent groups battling U.S.-led forces in eastern
Afghanistan''.
(2) The report further states that, in mid-2011, the Haqqanis
undertook several high-visibility attacks in Afghanistan. First, a
late June assault on the Intercontinental Hotel in Kabul by 8
Haqqani gunmen and suicide bombers left 18 people dead. Then, on
September 10, a truck bomb attack on a United States military base
by Haqqani fighters in the Wardak province injured 77 United States
troops and killed 5 Afghans. A September 13 attack on the United
States Embassy compound in Kabul involved an assault that sparked a
20-hour-long gun battle and left 16 Afghans dead, 5 police officers
and at least 6 children among them.
(3) The report further states that ``U.S. and Afghan officials
concluded the Embassy attackers were members of the Haqqani
network''.
(4) In September 22, 2011, testimony before the Committee on
Armed Services of the Senate, Chairman of the Joint Chiefs of Staff
Admiral Mullen stated that ``[t]he Haqqani network, for one, acts
as a veritable arm of Pakistan's Inter-Services Intelligence
agency. With ISI support, Haqqani operatives plan and conducted
that [September 13] truck bomb attack, as well as the assault on
our embassy. We also have credible evidence they were behind the
June 28th attack on the Intercontinental Hotel in Kabul and a host
of other smaller but effective operations''.
(5) In October 27, 2011, testimony before the Committee on
Foreign Affairs of the House of Representatives, Secretary of State
Hillary Clinton stated that ``we are taking action to target the
Haqqani leadership on both sides of the border. We're increasing
international efforts to squeeze them operationally and
financially. We are already working with the Pakistanis to target
those who are behind a lot of the attacks against Afghans and
Americans. And I made it very clear to the Pakistanis that the
attack on our embassy was an outrage and the attack on our forward
operating base that injured 77 of our soldiers was a similar
outrage.''.
(6) At the same hearing, Secretary of State Clinton further
stated that ``I think everyone agrees that the Haqqani Network has
safe havens inside Pakistan; that those safe havens give them a
place to plan and direct operations that kill Afghans and
Americans.''.
(7) On November 1, 2011, the United States Government added
Haji Mali Kahn to a list of specially designated global terrorists
under Executive Order 13224. The Department of State described Khan
as ``a Haqqani Network commander'' who has ``overseen hundreds of
fighters, and has instructed his subordinates to conduct terrorist
acts.'' The designation continued, ``Mali Khan has provided support
and logistics to the Haqqani Network, and has been involved in the
planning and execution of attacks in Afghanistan against civilians,
coalition forces, and Afghan police''. According to Jason Blazakis,
the chief of the Terrorist Designations Unit of the Department of
State, Khan also has links to al-Qaeda.
(8) Five other top Haqqani Network leaders have been placed on
the list of specially designated global terrorists under Executive
Order 13224 since 2008, and three of them have been so placed in
the last year. Sirajuddin Haqqani, the overall leader of the
Haqqani Network as well as the leader of the Taliban's Mira shah
Regional Military Shura, was designated by the Secretary of State
as a terrorist in March 2008, and in March 2009, the Secretary of
State put out a bounty of $5,000,000 for information leading to his
capture. The other four individuals so designated are Nasiruddin
Haqqani, Khalil al Rahman Haqqani, Badruddin Haqqani, and Mullah
Sangeen Zadran.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Haqqani Network meets the criteria for designation as a
foreign terrorist organization as set forth in section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); and
(2) the Secretary of State should so designate the Haqqani
Network as a foreign terrorist organization under such section 219.
(c) Report.--
(1) Report required.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall submit to
the appropriate committees of Congress--
(A) a detailed report on whether the Haqqani Network meets
the criteria for designation as a foreign terrorist
organization as set forth in section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189); and
(B) if the Secretary determines that the Haqqani Network
does not meet the criteria set forth under such section 219, a
detailed justification as to which criteria have not been met.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(d) Construction.--Nothing in this Act may be construed to infringe
upon the sovereignty of Pakistan to combat militant or terrorist groups
operating inside the boundaries of Pakistan.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Haqqani Network Terrorist Designation Act of 2012 - Expresses the sense of Congress that the Secretary of State should designate the Haqqani Network (an insurgent network operating in Pakistan and Afghanistan) as a foreign terrorist organization.
Directs the Secretary to report to Congress on: (1) whether the Haqqani Network meets the criteria for designation as a foreign terrorist organization; and (2) which criteria have not been met, if the Secretary determines that the Haqqani Network does not meet such designation.
States that nothing in this Act may be construed to infringe upon the sovereignty of Pakistan to combat militant or terrorist groups operating inside its boundaries. | {"src": "billsum_train", "title": "A bill to require a report on the designation of the Haqqani Network as a foreign terrorist organization and for other purposes."} | 1,446 | 147 | 0.466984 | 1.433569 | 0.600611 | 4.483333 | 10.366667 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers' Rights Protection
Act''.
SEC. 2. ENFORCEMENT OF SERVICEMEMBERS CIVIL RELIEF ACT BY THE ATTORNEY
GENERAL AND BY PRIVATE CAUSE OF ACTION.
(a) General Civil Liability and Enforcement.--The Servicemembers
Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at
the end the following new title:
``TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE
``SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL.
``(a) Enforcement by the Attorney General.--The Attorney General
may commence a civil action in any appropriate United States District
Court whenever the Attorney General has reasonable cause to believe--
``(1) that any person or group of persons is engaging in,
or has engaged in, a pattern or practice of conduct in
violation of any provision of this Act; or
``(2) that any person or group of persons is denying, or
has denied, any person or group of persons any protection
afforded by any provision of this Act and that such denial
raises an issue of general public importance.
``(b) Relief That May Be Granted in Civil Actions.--In a civil
action under subsection (a), the court--
``(1) may enter any temporary restraining order, temporary
or permanent injunction, or other order as may be appropriate;
``(2) may award monetary damages to a servicemember,
dependent, or other person protected by any provision of this
Act who is harmed by the failure to comply with any provision
of this Act, including consequential and punitive damages; and
``(3) may, to vindicate the public interest, assess a civil
penalty against each defendant--
``(A) in an amount not exceeding $55,000 for a
first violation; and
``(B) in an amount not exceeding $110,000 for any
subsequent violation.
``(c) Intervention in Civil Actions.--Upon timely application, a
servicemember, dependent, or other person protected by any provision of
this Act may intervene in a civil action commenced by the Attorney
General that involves an alleged violation of any provision of this Act
or a denial of any protection afforded by any provision of this Act
with respect to which such person claims to be harmed. The court may
grant to any such intervening party appropriate relief as is authorized
under subsection (b)(1) or (b)(2). The court may also, in its
discretion, grant a prevailing intervening party reasonable attorneys'
fees and costs.
``SEC. 802. PRIVATE CAUSES OF ACTION.
``A servicemember, dependent, or other person protected by any
provision of this Act may commence an action in any appropriate United
States District Court or in a State court of competent jurisdiction to
enforce any requirement imposed or protection afforded by any provision
of this Act. The court may grant to any such servicemember, dependent,
or person such appropriate relief as is authorized under section
801(b)(1) or (b)(2). The court may also, in its discretion, grant a
prevailing party reasonable attorneys' fees and costs.
``SEC. 803. PRESERVATION OF OTHER REMEDIES.
``The remedies provided under sections 801 and 802 are in addition
to and do not preclude any other causes of action available under
Federal or State law or any other remedies otherwise available under
Federal or State law, including any award for consequential and
punitive damages.''.
(b) Applicability.--Title VIII of the Servicemembers Civil Relief
Act, as added by subsection (a), shall apply to any cause of action,
claim, or action to enforce the Servicemembers Civil Relief Act, or to
seek damages or other relief under any provision of that Act, in
progress on the date of the enactment of this Act or that may be
brought after such date.
(c) Conforming Amendments.--
(1) Section 207 of such Act (50 U.S.C. App. 527) is amended
by striking subsection (f).
(2) Section 301(c) of such Act (50 U.S.C. App. 531(c)) is
amended to read as follows:
``(c) Misdemeanor.--Except as provided in subsection (a), a person
who knowingly takes part in an eviction or distress described in
subsection (a), 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.''.
(3) Section 302(b) of such Act (50 U.S.C. App. 532(b)) is
amended to read as follows:
``(b) Misdemeanor.--A person who knowingly resumes possession of
property in violation of subsection (a), or in violation of section 107
of this Act, 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.''.
(4) Section 303(d) of such Act (50 U.S.C. App. 533(d)) is
amended to read as follows:
``(d) 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.''.
(5) Section 305(h) of such Act (50 U.S.C. App. 535(h)) is
amended to read as follows:
``(h) Misdemeanor.--Any person who knowingly seizes, holds, or
detains the personal effects, security deposit, or other property of a
servicemember or a servicemember's dependent who lawfully terminates a
lease covered by this section, or who knowingly interferes with the
removal of such property from premises covered by such lease, for the
purpose of subjecting or attempting to subject any of such property to
a claim for rent accruing subsequent to the date of termination of such
lease, or 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.''.
(6) Section 306(e) of such Act (50 U.S.C. App. 536(e)) is
amended to read as follows:
``(e) Misdemeanor.--A person who knowingly takes an action contrary
to this section, or 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.''.
(7) Section 307(c) of such Act (50 U.S.C. App. 537(c)) is
amended to read as follows:
``(c) Misdemeanor.--A person who knowingly takes an action contrary
to this section, or 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.''.
(d) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end the following:
``TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE
``Sec. 801. Enforcement by the attorney general.
``Sec. 802. Private causes of action.
``Sec. 803. Preservation of other remedies.''. | Servicemembers' Rights Protection Act - Amends the Servicemembers Civil Relief Act to add a new title authorizing the Attorney General to bring a civil action in U.S. district court to enforce provisions of the Act. Includes under such civil relief restraining orders and injunctions, damages, and penalties.
Authorizes a private cause of action for such enforcement by a servicemember, dependent, or other protected person under the Act. | {"src": "billsum_train", "title": "To amend the Servicemembers Civil Relief Act to provide for the enforcement of rights afforded under that Act."} | 1,759 | 100 | 0.577624 | 1.426973 | 1.555687 | 2.447368 | 19.921053 | 0.842105 |
OF CERTAIN ISSUES.
``(a) Corporation Actions.--Notwithstanding any provision of any
agreement to which the Corporation is a party, the Corporation shall
not be considered to be in breach, default, or violation of any such
agreement because of any provision of this chapter or any action the
Corporation is required to take under this chapter.
``(b) Right To Sue Withdrawn.--The United States hereby withdraws
any stated or implied consent for the United States, or any agent or
officer of the United States, to be sued by any person for any legal,
equitable, or other relief with respect to any claim arising out of, or
resulting from, acts or omissions under this chapter.''.
(e) Application of Privatization Proceeds.--Chapter 25 (as amended
by subsection (d)) is amended by adding at the end the following new
section:
``SEC. 1507. APPLICATION OF PRIVATIZATION PROCEEDS.
``The proceeds from the privatization shall be included in the
budget baseline required by the Balanced Budget and Emergency Deficit
Control Act of 1985 and shall be counted as an offset to direct
spending for purposes of section 252 of such Act, notwithstanding
section 257(e) of such Act.''.
(f) Conforming Amendment.--The table of contents for chapter 25 is
amended by inserting after the item for section 1502 the following:
``Sec. 1503. Establishment of Private Corporation.
``Sec. 1504. Ownership Limitations.
``Sec. 1505. Exemption from Liability.
``Sec. 1506. Resolution of Certain Issues.
``Sec. 1507. Application of Privatization Proceeds.''.
(g) Section 193 (42 U.S.C. 2243) is amended by adding at the end
the following:
``(f) Limitation.--If the privatization of the United States
Enrichment Corporation results in the Corporation being--
``(1) owned, controlled, or dominated by a foreign
corporation or a foreign government, or
``(2) otherwise inimical to the common defense or security
of the United States,
any license held by the Corporation under sections 53 and 63 shall be
terminated.''.
(h) Period for Congressional Review.--Section 1502(d) (42 U.S.C.
2297d-1(d)) is amended by striking ``less than 60 days after
notification of the Congress'' and inserting ``less than 60 days after
the date of the report to Congress by the Comptroller General under
subsection (c)''.
SEC. 7. PERIODIC CERTIFICATION OF COMPLIANCE.
Section 1701(c)(2) (42 U.S.C. 2297f(c)(2)) is amended by striking
``Annual application for certificate of compliance.--The Corporation
shall apply at least annually to the Nuclear Regulatory Commission for
a certificate of compliance under paragraph (1).'' and inserting
``Periodic application for certificate of compliance.--The Corporation
shall apply to the Nuclear Regulatory Commission for a certificate of
compliance under paragraph (1) periodically, as determined by the
Nuclear Regulatory Commission, but not less than every 5 years.''.
SEC. 8. LICENSING OF OTHER TECHNOLOGIES.
Subsection (a) of section 1702 (42 U.S.C. 2297f-1(a)) is amended by
striking ``other than'' and inserting ``including''.
SEC. 9. CONFORMING AMENDMENTS.
(a) Repeals in Atomic Energy Act of 1954 as of the Privatization
Date.--
(1) Repeals.--As of the privatization date (as defined in
section 1201(13) of the Atomic Energy Act of 1954), the
following sections (as in effect on such privatization date) of
the Atomic Energy Act of 1954 are repealed:
(A) Section 1202.
(B) Sections 1301 through 1304.
(C) Sections 1306 through 1316.
(D) Sections 1404 and 1405.
(E) Section 1601.
(F) Sections 1603 through 1607.
(2) Conforming amendment.--The table of contents of such
Act is amended by repealing the items referring to sections
repealed by paragraph (1).
(b) Statutory Modifications.--As of such privatization date, the
following shall take effect:
(1) For purposes of title I of the Atomic Energy Act of
1954, all references in such Act to the ``United States
Enrichment Corporation'' shall be deemed to be references to
the corporation established pursuant to section 1503 of the
Atomic Energy Act of 1954 (as added by section 6(a)).
(2) Section 1018(1) of the Energy Policy Act of 1992 (42
U.S.C. 2296b-7(1)) is amended by striking ``the United States''
and all that follows through the period and inserting ``the
corporation referred to in section 1201(4) of the Atomic Energy
Act of 1954.''.
(3) Section 9101(3) of title 31, United States Code, is
amended by striking subparagraph (N), as added by section
902(b) of Public Law 102-486.
(c) Revision of Section 1305.--As of such privatization date,
section 1305 of the Atomic Energy Act of 1954 (42 U.S.C 2297b-4) is
amended--
(1) by repealing subsections (a), (b), (c), and (d), and
(2) in subsection (e)--
(A) by striking the subsection designation and
heading,
(B) by redesignating paragraphs (1) and (2) (as
added by section 4(a)) as subsections (a) and (b) and
by moving the margins 2-ems to the left,
(C) by striking paragraph (3), and
(D) by redesignating paragraph (4) (as amended by
section 4(b)) as subsection (c), and by moving the
margins 2-ems to the left.
HR 1216 RH----2 | USEC Privatization Act - Amends the Atomic Energy Act of 1954 to exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology (thus making such a facility eligible for one-step licensing).
(Sec. 4) States that one of this Act's purposes is to ensure that privatization of the United States Enrichment Corporation (USEC) does not result in any adverse effects on the pension benefits of employees at facilities that are operated in the performance of functions vested in USEC.
Declares that USEC shall abide by the terms of the collective bargaining agreement in effect on the privatization date at each individual facility.
Permits employees who transfer to USEC from other Federal employment to transfer their accrued retirement benefits to a USEC retirement system, or to retain their coverage under their existing Federal plan.
(Sec. 5) Terminates USEC's status as the exclusive marketing agent for the United States for entering into contracts for providing enriched uranium and uranium enrichment and related services.
Declares that the privatization of USEC shall not affect the terms, rights, or obligations of the parties to any power purchase contracts. Sets forth the effects of the transfer of uranium enrichment contracts. Declares that the United States shall remain obligated on those contracts during their term.
States that USEC shall establish prices for its products, materials, and services on a profitmaking basis.
Prescribes guidelines under which the Department of Energy (DOE) shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste and mixed waste.
States that as of the privatization date all liabilities and any judgment against the Corporation attributable to the operation of the USEC from the transition date to the privatization date shall be direct liabilities of, and judgments against, the United States.
Authorizes the Secretary of Energy (the Secretary) to transfer raw and enriched uranium to USEC before the privatization date without charge.
(Sec. 6) Prescribes guidelines under which: (1) USEC is authorized to establish a private corporation to implement the privatization of USEC; and (2) USEC privatization may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Prohibits the Secretary from allowing the privatization of USEC by means of a public offering unless the Secretary determines that the estimated gross proceeds from the USEC sale will be an adequate amount.
Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of public offering.
Provides that the proceeds to the U.S, Government from privatization shall be included in the budget baseline and be counted as an offset to direct spending.
Terminates any USEC license if privatization results in its being owned, controlled or dominated by a foreign entity or otherwise inimical to the security of the United States. Precludes USEC from implementing the privatization plan less than 60 days after the date that the Comptroller General presents an evaluation of the plan to the Congress.
(Sec.7) Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization.
(Sec. 8) Authorizes the licensing of corporation facilities using AVLIS technologies for uranium enrichment. | {"src": "billsum_train", "title": "USEC Privatization Act"} | 1,363 | 776 | 0.462619 | 1.570084 | 0.614136 | 1.273438 | 1.823438 | 0.623438 |
SECTION 1. REDUCTION IN LOAN RATES FOR PEANUTS.
Section 155(a) of the Agricultural Market Transition Act (7 U.S.C.
7271(a)(2)) is amended by striking paragraph (2) and inserting the
following new paragraph:
``(2) Loan rate.--The national average quota loan rate for
quota peanuts shall be as follows:
``(A) $610 per ton for the 1997 crop.
``(B) $550 per ton for the 1998 crop.
``(C) $515 per ton for the 1999 crop.
``(D) $480 per ton for the 2000 crop.
``(E) $445 per ton for the 2001 crop.''.
SEC. 2. FUTURE TERMINATION OF PRICE SUPPORT AND MARKETING QUOTA
PROGRAMS FOR PEANUTS.
(a) Effective Date.--The amendments made by this section shall take
effect October 1, 2001, and shall apply with respect to the 2002 and
subsequent crops of peanuts.
(b) Price Support.--Section 155 of the Agricultural Market
Transition Act (7 U.S.C. 7271) is repealed.
(c) Marketing Quota.--Part VI of subtitle B of title III of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1357-1359a), relating to
peanuts, is repealed.
(d) Conforming Amendments.--The Agricultural Act of 1949 (7 U.S.C.
1441 et seq.) is amended--
(1) in section 101(b) (7 U.S.C. 1441(b)), by striking ``and
peanuts''; and
(2) in section 408(c) (7 U.S.C. 1428(c)), by striking
``peanuts,''.
(e) Prohibition on Subsequent Provision of Price Support.--
(1) Prohibition.--After the effective date of this section,
except as provided in section 3, the Secretary of Agriculture
may not make price support available, whether in the form of
loans, purchases, or other operations, to peanut producers for
the 2002 and subsequent crops of peanuts by using the funds of
the Commodity Credit Corporation or under the authority of any
law.
(2) Outstanding loans.--Notwithstanding paragraph (1), the
Secretary shall settle any outstanding loans under section 155
of the Agricultural Market Transition Act (title I of Public
Law 104-127; 7 U.S.C. 7271) made before the effective date of
this section with regard to the 2001 and previous crops of
peanuts.
(f) Continued Liability of Producers.--An amendment made by this
section shall not affect the liability of any person under any
provision of law as in effect before the effective date of this
section.
SEC. 3. NONRECOURSE LOANS FOR PEANUT PRODUCERS.
(a) Nonrecourse Loans Available.--For each of the 2002 and
subsequent crops of peanuts produced in the United States, the
Secretary of Agriculture shall make available to producers on a farm a
nonrecourse loan for peanuts produced on the farm. The loans shall be
made under terms and conditions that are prescribed by the Secretary
and at the loan rate established under subsection (b).
(b) Loan Rate.--The loan rate for a nonrecourse loan under this
section for peanuts shall be--
(1) not less than 85 percent of the simple average price
received by producers of peanuts, as determined by the
Secretary, during the marketing years for the immediately
preceding five crops of peanuts, excluding the year in which
the average price was the highest and the year in which the
average price was the lowest in the period; but
(2) not more than $350 per ton.
(c) Term of Loan.--A nonrecourse loan for peanuts under this
section shall have a term of 9 months beginning on the first day of the
first month after the month in which the loan is made. The Secretary
may not extend the term of the loan.
(d) Repayment Rates.--The Secretary shall permit a producer to
repay a nonrecourse loan for peanuts under this section at a rate that
is the lesser of--
(1) the loan rate established under subsection (b), plus
interest (as determined by the Secretary); or
(2) a rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of peanuts
by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing the peanuts; and
(D) allow peanuts produced in the United States to
be marketed freely and competitively, both domestically
and internationally.
(e) Loan Deficiency Payments.--
(1) Availability.--The Secretary may make loan deficiency
payments available to peanut producers who, although eligible
to obtain a nonrecourse loan under this section, agree to forgo
obtaining the loan for the commodity in return for payments
under this subsection.
(2) Computation.--A loan deficiency payment under this
subsection shall be computed by multiplying--
(A) the loan payment rate determined under
paragraph (3); by
(B) the quantity of peanuts that the producers on a
farm are eligible to place under loan but for which the
producers forgo obtaining the loan in return for
payments under this subsection.
(3) Loan payment rate.--For purposes of this subsection,
the loan payment rate shall be the amount by which--
(A) the loan rate established under subsection (b);
exceeds
(B) the rate at which a loan for the peanuts may be
repaid under subsection (d). | Amends the Agricultural Market Transition Act to: (1) reduce the loan rate for quota peanuts by specified amounts through crop year 2001; and (2) eliminate peanut price supports as of crop year 2002. Amends: (1) the Agricultural Adjustment Act of 1938 to eliminate peanut marketing quota provisions as of crop year 2002; and (2) the Agricultural Act of 1949 to make conforming amendments.
Prohibits the Secretary of Agriculture (Secretary) from providing any subsequent peanut price supports.
Directs the Secretary to make nonrecourse loans and loan deficiency payments available to peanut producers beginning with crop year 2002. Sets forth: (1) loan rate, term, and repayment provisions; and (2) deficiency computation provisions. | {"src": "billsum_train", "title": "To provide for a gradual reduction in the loan rate for peanuts, to repeal peanut quotas for the 2002 and subsequent crops, and to make nonrecourse loans available for peanut producers."} | 1,255 | 157 | 0.612356 | 1.835173 | 0.81195 | 1.881119 | 7.629371 | 0.832168 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Domestic Violence Hotline
Act of 1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) 4,000,000 women are battered by their partners each
year, of which 4,000 die as a result of such abuse;
(2) victims of domestic violence need access to resources
which will refer such victims and their children to safe homes
and shelters; and
(3) there is a need for a national domestic violence
hotline to provide information and assistance to victims of
domestic violence because a privately-funded national domestic
violence hotline which handled more than 65,000 crisis calls
annually no longer exists.
SEC. 3. GRANT FOR NATIONAL DOMESTIC VIOLENCE HOTLINE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended by adding at the end the following new section:
``SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
``(a) In General.--The Secretary shall provide a grant to a
nonprofit private organization to establish and operate a national,
toll-free telephone hotline to provide information and assistance to
victims of domestic violence. A grant provided under this subsection
may extend over a period of not more than 3 fiscal years and the
provision of payments under such grant shall be subject to the annual
approval by the Secretary and subject to the availability of
appropriations for the fiscal year involved to make the payments.
``(b) Application.--
``(1) In general.--The Secretary may not provide a grant
under subsection (a) unless an application that meets the
requirements of paragraph (2) has been approved by the
Secretary.
``(2) Requirements.--An application meets the requirements
of this paragraph if the application--
``(A) contains such agreements, assurances, and
information, and is in such form and submitted in such
manner as the Secretary shall prescribe through notice
in the Federal Register;
``(B) demonstrates that the applicant has
nationally recognized expertise in the area of domestic
violence and a record of high quality service to
victims of domestic violence, including support from
advocacy groups, particularly State coalitions and
recognized national domestic violence groups;
``(C) demonstrates that the applicant has a
commitment to diversity, including the hiring of and
provision of services to ethnic, racial, cultural, and
non-English speaking minorities, in addition to older
individuals and individuals with disabilities;
``(D) demonstrates that the applicant has the
ability to integrate the hotline into existing services
provided by the applicant to victims of domestic
violence;
``(E) includes a complete description of the
applicant's plan for the establishment and operation of
the hotline, including a description of--
``(i) the hiring criteria and training
program for hotline personnel;
``(ii) the methods for the creation,
maintenance, and updating of a resource
database for the hotline;
``(iii) a plan for providing service on a
24-hour-a-day basis to non-English speaking
callers, including hotline personnel who speak
Spanish;
``(iv) a plan for access to the hotline by
individuals with hearing impairments; and
``(v) a plan for publicizing the
availability of the hotline; and
``(F) contains such other information as the
Secretary may require.
``(c) Selection.--The Secretary shall select a nonprofit private
organization to receive a grant under subsection (a) which has been in
existence for at least 5 years from the date of submission of the
application by the organization.
``(d) Uses.--A grant made under subsection (a) shall be used to
establish and operate a national, toll-free telephone hotline to
provide information and assistance to victims of domestic violence. In
establishing and operating the hotline, a nonprofit private
organization shall--
``(1) contract with a carrier for the use of a toll-free
telephone line;
``(2) employ, train, and supervise personnel to answer
incoming calls and provide counseling and referral services to
callers on a 24-hour-a-day basis;
``(3) establish, maintain, and update a database of
information relating to services for victims of domestic
violence, including information on the availability of shelters
that serve battered women; and
``(4) publicize the hotline to potential users throughout
the United States.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $1,000,000 for each of the fiscal
years 1994 through 1996.
``(2) Availability.--Funds authorized to be appropriated
under paragraph (1) shall remain available until expended.''. | National Domestic Violence Hotline Act of 1993 - Amends the Family Violence Prevention and Services Act to direct the Secretary of Health and Human Services to provide a grant to a nonprofit private organization for a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. Authorizes appropriations. | {"src": "billsum_train", "title": "National Domestic Violence Hotline Act of 1993"} | 1,047 | 71 | 0.610487 | 1.443636 | 1.10496 | 4.912281 | 17.491228 | 0.912281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Methamphetamine Treatment
Grants Assistance Act of 2007''.
SEC. 2. GRANTS FOR WRAP-AROUND METHAMPHETAMINE TREATMENT SERVICES.
Subpart 1 of part B of title V of the Public Health Service Act is
amended--
(1) by redesignating section 514, as added by section 3634
of Public Law 106-310 (114 Stat. 1236), as section 514B; and
(2) by inserting after section 514B, as redesignated by
paragraph (1), the following new section:
``SEC. 514C. GRANTS FOR COMPREHENSIVE WRAP-AROUND METHAMPHETAMINE
TREATMENT SERVICES.
``(a) Authorization.--The Secretary, acting through the
Administrator of the Substance Abuse and Mental Health Services
Administration, shall provide awards of grants to public, private, and
nonprofit entities and Indian tribes and tribal organizations to
establish programs to provide for and coordinate the provision of wrap-
around services described in subsection (c) to methamphetamine-affected
individuals described in subsection (b), in accordance with this
section.
``(b) Methamphetamine-Affected Individual Described.--For purposes
of subsection (a), a methamphetamine-affected individual is an
individual who--
``(1)(A) resided in a residential inpatient treatment
facility for the treatment of methamphetamine abuse or
addiction; or
``(B) received treatment for methamphetamine abuse or
addiction from an intensive outpatient treatment facility; and
``(2) after successful completion of such treatment
reenters the community of such individual.
``(c) Wrap-Around Services Described.--In the case of a
methamphetamine-affected individual, wrap-around services described in
this subsection are as follows:
``(1) Medical services.
``(2) Dental services.
``(3) Mental health services.
``(4) Child care services.
``(5) Job training services.
``(6) Housing assistance.
``(7) Training in parenting.
``(8) Prevention services for family members, with respect
to methamphetamine abuse or addiction.
``(9) Transportation assistance services for purposes of
participation in the services listed in paragraphs (1) through
(8).
``(d) Minimum Qualifications for Receipt of Award.--To be eligible
to receive an award under subsection (a), an applicant shall provide
assurances to the satisfaction of the Secretary that--
``(1) the applicant has the capacity to carry out a program
described in such subsection;
``(2) the applicant, or any entity through which the
applicant will provide services described in subsection (c),
meets all applicable State licensure or certification
requirements regarding the provision of the services involved;
and
``(3) the applicant has entered into agreements with
entities in the community involved through which the applicant
will provide such services.
``(e) Priority for Grants Distributions.--In making grants under
this section, the Secretary shall give priority to applications for
programs that serve communities with high or increasing rate of
methamphetamine abuse or addiction, as specified by the Secretary.
``(f) Reports.--For each year that an entity receives a grant under
subsection (a) for a program, such entity shall submit to the Secretary
a report on the results and effectiveness of the program.
``(g) Definitions.--For purposes of this section:
``(1) Residential inpatient treatment facility.--The term
`residential inpatient treatment facility' means a facility
that provides treatment for substance abuse and in which health
professionals and clinicians provide a planned regimen of 24-
hour professionally-directed evaluation, care, and treatment
for such substance abuse in an inpatient setting, including 24-
hour observation and monitoring.
``(2) Intensive outpatient treatment facility.--The term
`intensive outpatient treatment facility' means a facility that
provides treatment for substance abuse in which health
professional and clinicians provide regularly scheduled
sessions. with respect to such treatment, within a structured
program and that provides a minimum of 9 hours of treatment
during a week.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $40,000,000 for each of fiscal
years 2009 through 2013.''.
SEC. 3. FAMILY-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.
(a) Extension and Expansion of Residential Treatment Program for
Pregnant and Postpartum Women To Include Caregiver Parents.--Section
508 of the Public Health Service Act (42 U.S.C. 290bb-1) is amended--
(1) in the heading, by striking ``pregnant and postpartum
women'' and inserting ``caregiver parents, including pregnant
women'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``and Indian tribes and
tribal organizations'' after ``private
entities''; and
(ii) by striking ``pregnant and postpartum
women treatment for substance abuse'' and
inserting ``caregiver parents, including
pregnant women, treatment for substance abuse
(including treatment for addiction to
methamphetamine)''; and
(B) in each of paragraphs (1), (2), and (3), by
striking ``women'' and inserting ``caregiver parents''
each place it appears;
(3) in subsection (b)(2), by striking ``woman'' and
inserting ``caregiver parent'';
(4) in subsection (c)--
(A) in paragraph (1)--
(I) strike ``eligible woman'' and insert
``eligible caregiver parent'';
(ii) strike ``with the women'' and insert
``with the parent''; and
(iii) strike ``to the woman'' and insert
``to the parent'';
(B) in paragraph (2)(B), strike ``woman'' and
insert ``caregiver parent'';
(5) in subsection (d), strike ``woman'' and insert
``caregiver parent'' each place it appears and strike ``women''
and insert ``caregiver parents'' each place it appears;
(6) in subsection (h), strike ``pregnant and postpartum
women'' and insert ``caregiver parents'';
(7) in subsection (j), strike ``woman'' and insert
``caregiver parent'' each place it appears;
(8) in subsection (k)(2), strike ``women'' and insert
``caregiver parents'';
(9) by amending subsection (m) to read as follows:
``(m) Use of Funds; Priority for Certain Areas Served.--
``(1) Use of funds.--A funding agreement for an award under
subsection (a) for an applicant is that funds awarded under
such subsection to such applicant shall be used for programs
according to the following order of priority:
``(A) For a program that provides services to
caregiver parents who are pregnant and postpartum
women.
``(B) For a program that provides services to
caregiver parents who are single parents and the sole
caregivers with respect to their children.
``(C) For a program that provides services to any
caregiver parents.
``(2) Priority for certain areas served.--In making awards
under subsection (a), the Director shall give priority to any
entity that agrees to use the award for a program serving an
area that--
``(A) is a rural area;
``(B) an area determined by the Director to have a
shortage of family-based substance abuse treatment
options; or
``(C) is determined by the Director to have high
rates of addiction to methamphetamine.'';
(10) in subsection (p), by striking ``October 1, 1994'' and
inserting ``October 1, 2008'';
(11) in subsection (q)--
(A) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6), respectively;
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) The term `caregiver parent' means, with respect to a
child, a parent or legal guardian with whom the child resides,
and includes a pregnant woman.''; and
(C) by amending paragraph (3), as redesignated by
subparagraph (A) of this paragraph, to read as follows:
``(3) The term `eligible caregiver parent' means a
caregiver parent who has been admitted to a program operated
pursuant to subsection (a).''; and
(12) in subsection (r), by striking ``such sums as may be
necessary to fiscal years 2001 through 2003'' and inserting
``$70,000,000 for each of fiscal years 2009 through 2013''.
(b) Program To Reduce Substance Abuse Among Nonviolent Offenders:
Family Treatment Alternatives to Incarceration.--Title V of the Public
Health Service Act (42 U.S.C. 290aa et seq.) is amended by inserting
after section 509 the following:
``SEC. 510. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG NONVIOLENT
OFFENDERS: FAMILY TREATMENT ALTERNATIVES TO
INCARCERATION.
``(a) In General.--The Secretary, acting through the Administrator
of the Substance Abuse and Mental Health Services Administration, shall
make awards of grants, cooperative agreements, or contracts to public
and nonprofit private entities and Indian tribes and tribal
organizations for the purpose of assisting local jails and detention
facilities in providing comprehensive, family-based substance abuse
treatment services (including treatment for addiction to
methamphetamine) to pregnant and parenting adults who are considered
nonviolent offenders.
``(b) Minimum Qualifications for Nonprofit Private Entities.--An
award may be made under subsection (a) to an applicant that is a
nonprofit private entity only if the Secretary determines that--
``(1) the applicant has the capacity to provide the
services described subsection (a); and
``(2) the applicant meets all applicable State licensor and
certification requirements regarding the provision of substance
abuse treatment services.
``(c) Requirements Applicable to Family Drug Treatment Program That
Is an Alternative to Incarceration.--A grant under this section may be
used for a family drug treatment program that is an alternative to
incarceration only if the program complies with the following:
``(1) The program is a comprehensive, long-term family
treatment program focused on the treatment of the parent and
child.
``(2) The program and its providers meet all applicable
State licensor and certification requirements regarding the
provision of substance abuse treatment services.
``(3) Each parent offender who participates in the program
is sentenced to, or placed with, a long-term family treatment
program (which shall include a residential component).
``(4) Each parent offender who participates in the program
serves a sentence with respect to the underlying crime if that
parent offender does not successfully complete treatment with
the residential treatment provider.
``(5) The program has mandatory periodic drug testing. The
Secretary shall, by prescribing guidelines or regulations,
specify standards for the timing and manner of complying with
such testing. The standards shall ensure that--
``(A) each individual participating in the program
as an alternative to incarceration is tested for every
controlled substance that the participant has been
known to abuse, and for any other controlled substance
the Secretary may require; and
``(B) the testing is accurate and practicable; and
``(C) the drug testing regime is a factor in
determinations of whether program participants
successfully complete treatment.
``(d) Allocation of Awards.--In making awards under subsection (a),
the Secretary shall give priority to any entity that agrees to use the
award for a program serving an area that--
``(1) is a rural area, an area designated under section 332
by the Administrator of the Health Resources and Services
Administration as a health professional shortage area with a
shortage of mental health professionals, or an area determined
by the Secretary to have a shortage of family-based substance
abuse treatment options; and
``(2) is determined by the Secretary to have high rates of
addiction to methamphetamine or other drugs.
``(e) Definitions.--In this section the terms `family drug
treatment', `family treatment', and `comprehensive, long-term family
treatment' describe programs that provide, or are able to provide
referrals for, the following services: Substance abuse treatment,
children's early intervention services, family counseling, legal
services, medical care, mental health services, nursery and preschool,
parenting skills training, pediatric care, prenatal care, sexual abuse
therapy, relapse prevention, transportation, and job or vocational
training or general equivalency diploma (GED) classes.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $40,000,000
for each of fiscal years 2009, 2010, and 2011, and $50,000,000 for each
of fiscal years 2012 and 2013.''.
SEC. 4. METHAMPHETAMINE TREATMENT PROGRAM GRANTS FOR UNDERSERVED
POPULATIONS.
Subpart 1 of part B of such title, as amended by section 2, is
further amended by adding at the end the following new section:
``SEC. 514D. METHAMPHETAMINE TREATMENT PROGRAM GRANTS FOR UNDERSERVED
POPULATIONS.
``(a) Authorization.--The Secretary, acting through the
Administrator of the Substance Abuse and Mental Health Services
Administration, shall provide awards of grants to public, private, and
nonprofit entities and Indian tribes and tribal organizations for the
purpose of providing services in connection with the treatment of
methamphetamine use or addiction to underserved populations.
``(b) Underserved Populations Described.--For purposes of
subsection (a), an underserved population, with respect to services
described in such subsection, is a population of individuals who are--
``(1) not eligible for such services under title XVIII of
the Social Security Act and are not eligible for medical
assistance for such services under title XIX of such Act;
``(2) not receiving such services through a drug court; and
``(3) not eligible for such services under a program for
pregnant or parenting women.
``(c) Eligibility.--To be eligible to receive an award under
subsection (a), an applicant shall provide assurances to the
satisfaction of the Secretary that the population that will be
furnished services funded by such award will be an underserved
population.
``(d) Priority for Grant Distributions.--In making grants under
this section, the Secretary shall give priority to applications for
programs designed to serve individuals who proactively seek treatment
for methamphetamine use or addiction and who are not required to do so
by court order or other form of law enforcement.
``(e) Reports.--For each year that an entity receives a grant under
subsection (a) for a program, such entity shall submit to the Secretary
a report on the results and effectiveness of the program.
``(f) Authorization for Appropriations.--There is authorized to be
appropriated to carry out this section, $60,000,000 for each of the
fiscal years 2009 through 2013.''.
SEC. 5. SAMHSA STUDY ON METHAMPHETAMINE TREATMENT METHODS.
(a) Study.--The Secretary of Health and Human Services, through the
National Clearinghouse for Alcohol and Drug Information, shall conduct
a study to identify methamphetamine use and addiction treatment
methodologies and to evaluate the efficacy of such methodologies.
(b) Report.--By not later than one year after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
submit to Congress a report on the results of the study under
subsection (a). | Enhanced Methamphetamine Treatment Grants Assistance Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants for wraparound services, including medical services, job training service, housing assistance, and training in parenting, for methamphetamine infected individuals who: (1) resided in a residential treatment facility for the treatment of methamphetamine abuse or addiction; or (2) received treatment for methamphetamine abuse or addiction from an intensive outpatient treatment facility.
Changes the program for substance abuse for pregnant and postpartum women to a program for treatment of substance abuse for caregiver parents, including pregnant women. Requires grantees to give priority to programs that provide services to caregiver parents who are pregnant and postpartum women.
Requires the Secretary, acting through the Administrator, to award grants to assist local jails and detention facilities in providing comprehensive, family-based substance abuse treatment services to pregnant and parenting adults who are considered nonviolent offenders. Sets forth requirements if such a grant is used for a family drug treatment program that is an alternative to incarceration.
Directs the Secretary, acting through the Administrator, to award grants for services in connection with the treatment of methamphetamine use or addiction to underserved populations.
Requires the Secretary, through the National Clearinghouse for Alcohol and Drug Information, to conduct a study to identify and evaluate methamphetamine use and addiction treatment methodologies. | {"src": "billsum_train", "title": "To amend title V of the Public Health Service Act to provide for enhanced comprehensive methamphetamine treatment services."} | 3,628 | 348 | 0.652773 | 1.91936 | 0.847368 | 4.723636 | 11.876364 | 0.956364 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Clean Energy Bonds
Act of 2005''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. CREDIT TO HOLDERS OF CLEAN ENERGY BONDS.
(a) In General.--Part IV of subchapter A of chapter 1 (relating to
credits against tax) is amended by adding at the end the following new
subpart:
``Subpart H--Nonrefundable Credit to Holders of Clean Energy Bonds
``Sec. 54. Credit to holders of clean energy bonds.
``SEC. 54. CREDIT TO HOLDERS OF CLEAN ENERGY BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
clean energy bond on a credit allowance date of such bond, which occurs
during the taxable year, there shall be allowed as a credit against the
tax imposed by this chapter for such taxable year an amount equal to
the sum of the credits determined under subsection (b) with respect to
credit allowance dates during such year on which the taxpayer holds
such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a clean energy bond is 25 percent of the annual credit
determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any clean energy bond is the product of--
``(A) the credit rate determined by the Secretary
under paragraph (3) for the day on which such bond was
sold, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Determination.--For purposes of paragraph (2), with
respect to any clean energy bond, the Secretary shall determine
daily or caused to be determined daily a credit rate which
shall apply to the first day on which there is a binding,
written contract for the sale or exchange of the bond. The
credit rate for any day is the credit rate which the Secretary
or the Secretary's designee estimates will permit the issuance
of clean energy bonds with a specified maturity or redemption
date without discount and without interest cost to the
qualified issuer.
``(4) Credit allowance date.--For purposes of this section,
the term `credit allowance date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term also includes the last day on which the bond is
outstanding.
``(5) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed or matures.
``(c) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
part (other than subpart C thereof, relating to
refundable credits).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(d) Clean Energy Bond.--For purposes of this section--
``(1) In general.--The term `clean energy bond' means any
bond issued as part of an issue if--
``(A) the bond is issued by a qualified issuer,
``(B) 95 percent or more of the proceeds from the
sale of such issue are to be used for capital
expenditures incurred by qualified borrowers for 1 or
more qualified projects,
``(C) the qualified issuer designates such bond for
purposes of this section and the bond is in registered
form, and
``(D) the issue meets the requirements of
subsections (e) and (g).
``(2) Qualified project; special use rules.--
``(A) In general.--The term `qualified project'
means any qualified facility (as determined under
section 45(d) without regard to any placed in service
date) owned by a qualified borrower.
``(B) Refinancing rules.--For purposes of paragraph
(1)(B), a qualified project may be refinanced with
proceeds of a clean energy bond only if the
indebtedness being refinanced (including any obligation
directly or indirectly refinanced by such indebtedness)
was originally incurred by a qualified borrower after
the date of the enactment of this section.
``(C) Reimbursement.--For purposes of paragraph
(1)(B), a clean energy bond may be issued to reimburse
a qualified borrower for amounts paid after the date of
the enactment of this section with respect to a
qualified project, but only if prior to the payment of
such expenditure, the qualified borrower declared its
intent to reimburse such expenditure with the proceeds
of a clean energy bond.
``(D) Treatment of changes in use.--For purposes of
paragraph (1)(B), the proceeds of an issue shall not be
treated as used for a qualified project to the extent
that a qualified borrower takes any action within its
control which causes such proceeds not to be used for a
qualified project. The Secretary shall prescribe
regulations specifying remedial actions that may be
taken (including conditions to taking such remedial
actions) to prevent an action described in the
preceding sentence from causing a bond to fail to be a
clean energy bond.
``(e) Maturity Limitations.--
``(1) Duration of term.--A bond shall not be treated as a
clean energy bond if such bond is issued as part of an issue
and--
``(A) the average maturity of bonds issued as a
part of such issue, exceeds
``(B) 120 percent of the average reasonable
expected economic life of the facilities being financed
with the proceeds from the sale of such issue.
``(2) Determination of averages.--For purposes of paragraph
(1), the determination of averages of an issue and economic
life of any facility shall be determined in accordance with
section 147(b).
``(3) Ratable principal amortization required.--A bond
shall not be treated as a clean energy bond unless it is part
of an issue which provides for an equal amount of principal to
be paid by the qualified issuer during each calendar year that
the issue is outstanding.
``(f) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (c)) and the amount so
included shall be treated as interest income.
``(g) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if--
``(A) at least 95 percent of the proceeds from the
sale of the issue are to be spent for 1 or more
qualified projects within the 5-year period beginning
on the date of issuance of the clean energy bond,
``(B) a binding commitment with a third party to
spend at least 10 percent of the proceeds from the sale
of the issue will be incurred within the 6-month period
beginning on the date of issuance of the clean energy
bond or, in the case of a clean energy bond, the
proceeds of which are to be loaned to 2 or more
qualified borrowers, such binding commitment will be
incurred within the 6-month period beginning on the
date of the loan of such proceeds to a qualified
borrower, and
``(C) such projects will be completed with due
diligence and the proceeds from the sale of the issue
will be spent with due diligence.
``(2) Extension of period.--Upon submission of a request
prior to the expiration of the period described in paragraph
(1)(A), the Secretary may extend such period if the qualified
issuer establishes that the failure to satisfy the 5-year
requirement is due to reasonable cause and the related projects
will continue to proceed with due diligence.
``(3) Failure to spend required amount of bond proceeds
within 5 years.--To the extent that less than 95 percent of the
proceeds of such issue are expended within such 5-year period
(and no extension has been obtained under paragraph (2)), the
qualified issuer shall redeem all of the nonqualified bonds on
the earliest call date subsequent to the expiration of the 5-
year period. If such earliest call date is more than 90 days
subsequent to the expiration of the 5-year period, the
qualified issuer shall establish a yield-restricted defeasance
escrow within such 90 days to retire such nonqualified bonds on
the earlier of the date which is 10 years after the issue date
or the first call date. For purposes of this paragraph, the
term `nonqualified bonds' means the portion of the outstanding
bonds in an amount that, if the remaining bonds were issued on
the fifth anniversary of the date of the issuance of the issue,
at least 95 percent of the proceeds of the remaining bonds
would be used to provide qualified projects.
``(h) Special Rules Relating to Arbitrage.--
``(1) In general.--A bond which is part of an issue shall
not be treated as a clean energy bond unless, with respect to
the issue of which the bond is a part, the qualified issuer
satisfies the arbitrage rebate requirements of section 148 with
respect to gross proceeds of the issue (other than any amounts
applied in accordance with subsection (g)). For purposes of
such requirements, yield over the term of an issue shall be
determined under the principles of section 148 based on the
qualified issuer's payments of principal, interest (if any),
and fees for qualified guarantees on such issue.
``(2) Exception.--Amounts on deposit in a bona fide debt
service fund with regard to any clean energy bond are not
subject to the arbitrage rebate requirements of section 148.
``(i) Cooperative Electric Company; Qualified Energy Tax Credit
Bond Lender; Governmental Body; Qualified Borrower.--For purposes of
this section--
``(1) Cooperative electric company.--The term `cooperative
electric company' means a mutual or cooperative electric
company described in section 501(c)(12) or section
1381(a)(2)(C), or a not-for-profit electric utility which has
received a loan or loan guarantee under the Rural
Electrification Act.
``(2) Clean energy bond lender.--The term `clean energy
bond lender' means a lender which is a cooperative which is
owned by, or has outstanding loans to, 100 or more cooperative
electric companies and is in existence on February 1, 2002, and
shall include any affiliated entity which is controlled by such
lender.
``(3) Governmental body.--The term `governmental body'
means any State, territory, possession of the United States,
the District of Columbia, Indian tribal government, and any
political subdivision thereof.
``(4) Qualified issuer.--The term `qualified issuer'
means--
``(A) a clean energy bond lender,
``(B) a cooperative electric company,
``(C) a governmental body, or
``(D) the Tennessee Valley Authority.
``(5) Qualified borrower.--The term `qualified borrower'
means--
``(A) a cooperative electric company,
``(B) a governmental body, or
``(C) the Tennessee Valley Authority.
``(j) Special Rules Relating to Pool Bonds.--No portion of a pooled
financing bond may be allocable to loan unless the borrower has entered
into a written loan commitment for such portion prior to the issue date
of such issue.
``(k) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Bond.--The term `bond' includes any obligation.
``(2) Pooled financing bond.--The term `pooled financing
bond' shall have the meaning given such term by section
149(f)(4)(A).
``(3) Partnership; s corporation; and other pass-thru
entities.--Under regulations prescribed by the Secretary, in
the case of a partnership, trust, S corporation, or other pass-
thru entity, rules similar to the rules of section 41(g) shall
apply with respect to the credit allowable under subsection
(a).
``(4) Bonds held by regulated investment companies.--If any
clean energy bond is held by a regulated investment company,
the credit determined under subsection (a) shall be allowed to
shareholders of such company under procedures prescribed by the
Secretary.
``(5) Treatment for estimated tax purposes.--Solely for
purposes of sections 6654 and 6655, the credit allowed by this
section to a taxpayer by reason of holding a clean energy bond
on a credit allowance date shall be treated as if it were a
payment of estimated tax made by the taxpayer on such date.
``(6) Reporting.--Issuers of clean energy bonds shall
submit reports similar to the reports required under section
149(e).
``(l) Termination.--This section shall not apply with respect to
any bond issued after December 31, 2008.''.
(b) Reporting.--Subsection (d) of section 6049 (relating to returns
regarding payments of interest) is amended by adding at the end the
following new paragraph:
``(8) Reporting of credit on clean energy bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 54(f) and such amounts shall
be treated as paid on the credit allowance date (as
defined in section 54(b)(4)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A), subsection
(b)(4) shall be applied without regard to subparagraphs
(A), (H), (I), (J), (K), and (L)(i) of such subsection.
``(C) Regulatory authority.--The Secretary may
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''.
(c) Clerical Amendments.--
(1) The table of subparts for part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
item:
``subpart h. nonrefundable credit to holders of clean energy bonds.''.
(2) Section 6401(b)(1) is amended by striking ``and G'' and
inserting ``G, and H''.
(d) Issuance of Regulations.--The Secretary of Treasury shall issue
regulations required under section 54 of the Internal Revenue Code of
1986 (as added by this section) not later than 120 days after the date
of the enactment of this Act.
(e) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act. | Clean Energy Bonds Act of 2005 - Amends the Internal Revenue Code to allow holders of clean energy bonds a nonrefundable tax credit of 25 percent of an annual credit amount as determined by the Secretary of the Treasury. Defines "clean energy bond" as any bond issued by a clean energy bond lender, a cooperative electric company, a governmental body, or the Tennessee Valley Authority (TVA) that is used for capital expenditures for specified projects for producing electricity from certain renewable resources, such as wind, biomass, solar energy, small irrigation power, and municipal solid waste.
Sets forth rules for maturity limitations, arbitrage, and expenditures, including a requirement that 95 percent of proceeds from the sale of a bond issue be spent on a renewable resource project within five years from the date of a bond issuance. Terminates the authority to issue clean energy bonds after 2008. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a credit to holders of qualified bonds issued to finance certain energy projects, and for other purposes."} | 3,563 | 188 | 0.51235 | 1.472344 | 0.693129 | 2.114458 | 19.716867 | 0.837349 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Accelerating the
End of Breast Cancer Act of 2013''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Establishment.
Sec. 4. Purpose; duties.
Sec. 5. Membership.
Sec. 6. Powers.
Sec. 7. Chairperson; program managers.
Sec. 8. Coordination and nonduplication.
Sec. 9. Evaluation of the Commission.
Sec. 10. Authorization of funding.
Sec. 11. Termination.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In the United States, the chance of a woman developing
breast cancer during her lifetime has increased from 1 in 11 in
1975 to 1 in 8 today.
(2) Worldwide, breast cancer is the most frequently
diagnosed cancer in women with 1,300,000 cases each year.
Breast cancer is also the leading cause of cancer death in
women, with more than 438,000 women dying from the disease
worldwide in 2010, a 37.5 percent increase since 1990.
(3) More than 90 percent of deaths from breast cancer are
caused by metastasis, which occurs when cancerous cells spread
to other organs or bone.
(4) The National Cancer Institute estimated that breast
cancer care in the United States cost $16,500,000,000 in 2010,
and cost the Nation $12,100,000,000 in lost productivity.
(5) Over the past 40 years, very little has improved the
incidence, morbidity, and mortality rates of breast cancer.
(6) In recognition of the complexity of breast cancer,
experts have identified the need to transform how research is
conducted by engaging investigators from many disciplines.
(7) Advances in understanding the progression of breast
cancer, particularly metastasis, have the potential to
translate to better understanding and preventing the spread of
other types of cancer.
SEC. 3. ESTABLISHMENT.
There shall be established a commission to be known as the
Commission to Accelerate the End of Breast Cancer (in this Act referred
to as the ``Commission'').
SEC. 4. PURPOSE; DUTIES.
(a) Purpose.--The purpose of the Commission shall be to help end
breast cancer by January 1, 2020.
(b) Duties.--
(1) In general.--The Commission shall identify, recommend,
and promote initiatives, partnerships, and research within the
public and private sectors, basic and applied sciences, and
epidemiology that can be turned into strategies to prevent
breast cancer and breast cancer metastasis.
(2) Priority.--The Commission shall give priority to
initiatives, partnerships, and research that are--
(A) not prioritized within the public sector; and
(B) unlikely to be achieved by the private sector
due to technical and financial uncertainty.
(c) Strategic Plan.--Not later than 6 months after the appointment
of the initial members of the Commission, the Commission shall submit
to the President and to the relevant authorizing and appropriations
committees of Congress, a description of the Commission's strategic
plan to advance the purpose described in subsection (a).
(d) Annual Report.--Not later than January 15, 2014, and annually
thereafter, the Commission shall submit an annual report to the
President, Congress, and the public--
(1) describing the Commission's activities under this
section, including its progress in achieving the purpose
described in subsection (a); and
(2) containing a full financial report, including a line
item report of the Commission's expenditures for the preceding
year.
SEC. 5. MEMBERSHIP.
(a) Number; Appointment.--The Commission shall be composed of not
more than 10 members who shall be appointed by the President, with the
advice and consent of the Senate, not later than 60 days after the date
of enactment of this Act, in accordance with this section.
(b) Representation.--
(1) In general.--Each member of the Commission shall be
appointed to represent one of the following 3 categories:
(A) Individuals who represent the interests of
varied disciplines within the biomedical research
field.
(B) Individuals who represent the relevant varied
disciplines outside of the biomedical research field.
(C) Patient advocates, including individuals who--
(i) represent a patient-led, patient-
centered organization with a patient
constituency either directly related to or
relevant to breast cancer; and
(ii) are trained, knowledgeable, and
prepared to participate in the decision-making
process of science and medicine.
(2) Representation of membership categories.--Of the
members of the Commission--
(A) at least 1, but not more than 3, shall be
appointed to represent the category described in
paragraph (1)(A);
(B) at least 1, but not more than 3, shall be
appointed to represent the category described in
paragraph (1)(B); and
(C) at least 2, but not more than 4, shall be
appointed to represent the category described in
paragraph (1)(C).
(c) Terms.--
(1) In general.--Each member of the Commission shall be
appointed for a term of 3 years and may be reappointed.
(2) Vacancies.--Any member of the Commission appointed to
fill a vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be appointed
only for the remainder of that term. A member may serve after
the expiration of that member's term until a successor has
taken office. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made and shall
not affect the power of the remaining members to execute the
duties of the Commission.
(d) Quorum.--Three members of the Commission shall constitute a
quorum.
SEC. 6. POWERS.
The Commission shall have the following powers:
(1) Hearings and other activities.--For the purpose of
carrying out its duties, the Commission may hold such hearings
and undertake such other activities as the Commission
determines to be necessary to carry out its duties.
(2) Detail of federal employees.--Upon the request of the
Commission, the head of any Federal agency is authorized to
detail, without reimbursement, any of the personnel of such
agency to the Commission to assist the Commission in carrying
out its duties. Any such detail shall not interrupt or
otherwise affect the civil service status or privileges of the
Federal employee.
(3) Technical assistance.--Upon the request of the
Commission, the head of a Federal agency may provide such
technical assistance to the Commission as the Commission
determines to be necessary to carry out its duties.
(4) Use of mails.--The Commission may use the United States
mails in the same manner and under the same conditions as
Federal agencies.
(5) Obtaining information.--The Commission may secure
directly from any Federal agency information necessary to
enable it to carry out its duties, if the information may be
disclosed under section 552 of title 5, United States Code.
Upon request of the Chairperson of the Commission, the head of
such agency shall furnish such information to the Commission.
(6) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request.
SEC. 7. CHAIRPERSON; PROGRAM MANAGERS.
(a) Chairperson.--
(1) Designation.--Of the members of the Commission
appointed under section 5(a), the President shall at the time
of the appointment, designate one such member to serve as the
Chairperson of the Commission.
(2) Responsibilities.--The responsibilities of the
Chairperson shall include--
(A) approving areas of study of the Commission
based on criteria including scientific and technical
merit, innovation, and impact;
(B) developing criteria (including benchmarks) for
assessing, and overseeing the assessment of, the
progress of areas of study of the Commission;
(C) terminating areas of study of the Commission
that are not achieving the purpose described in section
4(a);
(D) designating members of the Commission to act as
program managers as described in subsection (b); and
(E) appointing staff as necessary to aid in
carrying out the purpose described in section 4(a).
(b) Program Managers.--
(1) In general.--The Chairperson of the Commission may
designate members of the Commission who may act as program
managers to oversee one or more areas of study of the
Commission.
(2) Responsibilities.--A member designated under paragraph
(1) shall, with respect to one or more areas of study, be
responsible for the following:
(A) Recommending novel proposals, projects, and
collaborations based on scientific and technical merit
to achieve the purpose described in section 4(a) with a
focus on strategies for the primary prevention of
breast cancer, and methods to prevent breast cancer
metastasis. Program directors may--
(i) convene workshops and confer with
experts in both the public and private sector;
(ii) identify areas of study;
(iii) identify all areas where resources
could be leveraged; and
(iv) carry out other functions of the
Commission that are approved by the Chairperson
and that the Chairperson deems necessary to
carry out the purpose described in section
4(a).
(B) Working with relevant Federal agencies to
identify areas of concurrent interests in order to
maximize Federal investment and stimulate collaborative
projects.
(C) Monitoring the progress of areas of study and
recommend restructure or termination.
SEC. 8. COORDINATION AND NONDUPLICATION.
To the maximum extent practicable, the Commission shall ensure that
the activities of the Commission are coordinated with, and do not
duplicate the efforts of, programs and laboratories of other government
agencies.
SEC. 9. EVALUATION OF THE COMMISSION.
(a) In General.--The President shall enter into an agreement with
the Institute of Medicine of the National Academy of Sciences under
which the Institute, after the Commission has been in operation for 3
years, shall evaluate the Commission's progress towards achieving the
purpose described in section 4(a).
(b) Inclusions.--The evaluation under subsection (a) shall
include--
(1) a recommendation on whether the Commission should be
continued or terminated; and
(2) a description of lessons learned from operation of the
Commission.
(c) Availability.--On completion of the evaluation under subsection
(a), the Commission shall make the evaluation available to the Congress
and the public.
SEC. 10. AUTHORIZATION OF FUNDING.
(a) Authorization of Appropriations.--To carry out the purpose of
this Act, there are authorized to be appropriated--
(1) $8,000,000 for fiscal year 2013;
(2) $12,000,000 for each of fiscal years 2014 and 2015; and
(3) such sums as may be necessary for each fiscal year
thereafter until the Commission is terminated.
(b) Limitation.--None of the amounts appropriated for a fiscal year
under subsection (a) shall be used for the operation or construction of
any laboratories or pilot plants.
SEC. 11. TERMINATION.
The Commission shall terminate on June 1, 2020. | Accelerating the End of Breast Cancer Act of 2013 - Establishes the Commission to Accelerate the End of Breast Cancer to help end breast cancer by January 1, 2020. Directs the Commission to identify, recommend, and promote initiatives, partnerships, and research within the public and private sectors, basic and applied sciences, and epidemiology that can be turned into strategies to prevent breast cancer and breast cancer metastasis while giving priority to those that are: (1) not prioritized within the public sector, and (2) unlikely to be achieved by the private sector due to technical and financial uncertainty. Requires the Commission to: (1) submit within six months to the President and to the relevant congressional committees a description of the Commission's strategic plan; (2) submit an annual report to the President, Congress, and the public; and (3) ensure that its activities are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. Directs the President to enter into an agreement with the Institute of Medicine to evaluate the Commission's progress. Terminates the Commission on June 1, 2020. | {"src": "billsum_train", "title": "Accelerating the End of Breast Cancer Act of 2013"} | 2,413 | 227 | 0.526554 | 1.598421 | 0.882193 | 5.648148 | 10.694444 | 0.953704 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Energy and Jobs Act of
2015''.
SEC. 2. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS.
Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1344(a)) is amended by adding at the end the following:
``(5)(A) In this paragraph, the term `available unleased
acreage' means that portion of the outer Continental Shelf that
is not under lease at the time of a proposed lease sale, and
that has not otherwise been made unavailable for leasing by law
in the Gulf of Mexico.
``(B) In each oil and gas leasing program under this
section, the Secretary shall make available for leasing, and
conduct lease sales including, at least 50 percent of the
available unleased acreage within each outer Continental Shelf
planning area in the Gulf of Mexico considered to have the
largest undiscovered, technically recoverable oil and gas
resources (on a total btu basis) based on the most recent
national geologic assessment of the outer Continental Shelf,
with an emphasis on offering the most geologically prospective
parts of the planning area.
``(6)(A) The Secretary shall include in each proposed oil
and gas leasing program under this section any State
subdivision of an outer Continental Shelf planning area in the
Gulf of Mexico that the Governor of the State that represents
that subdivision requests be made available for leasing.
``(B) The Secretary may not remove a subdivision described
in subparagraph (A) from the program until publication of the
final program.
``(7)(A) The Secretary shall make available for leasing
under each 5-year oil and gas leasing program under this
section any outer Continental Shelf planning area in the Gulf
of Mexico that--
``(i) is estimated to contain more than
2,500,000,000 barrels of oil; or
``(ii) is estimated to contain more than
7,500,000,000,000 cubic feet of natural gas.
``(B) To determine which planning areas meet the criteria
described in subparagraph (A), the Secretary shall use the
document entitled `Bureau of Ocean Energy Management Assessment
of Undiscovered Technically Recoverable Oil and Gas Resources
of the Nation's Outer Continental Shelf, 2011'.''.
SEC. 3. MORATORIUM ON OIL AND GAS LEASING IN CERTAIN AREAS OF THE GULF
OF MEXICO.
(a) Definition of Military Mission Line.--Section 102 of the Gulf
of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law
109-432) is amended by striking paragraph (8) and inserting the
following:
``(8) Military mission line.--The term `Military Mission
Line' means the western border of the Eastern Planning Area
extending from the State of Florida waters to the point that is
50 miles south in the Gulf of Mexico.''.
(b) Moratorium.--Section 104(a) of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is
amended--
(1) in paragraph (2), by striking ``125'' and inserting
``50''; and
(2) by striking paragraph (3) and inserting the following:
``(3) any area in the Central Planning Area that is
within--
``(A) the 181 Area; or
``(B) 50 miles off the coastline of the State of
Florida.''.
SEC. 4. REQUIREMENT TO IMPLEMENT PROPOSED 2017-2022 OIL AND GAS LEASING
PROGRAM.
(a) In General.--Except as otherwise provided in this Act and the
amendments made by this Act, the Secretary of the Interior shall
implement the Proposed Final Outer Continental Shelf Oil & Gas Leasing
Program (2017-2022) in accordance with the schedule for conducting oil
and gas lease sales set forth in that proposed program, the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), and other
applicable law.
(b) Modified and Additional Lease Sales.--Notwithstanding
subsection (a) and the schedule of lease sales in the Proposed Final
Outer Continental Shelf Oil & Gas Leasing Program (2017-2022), the
Secretary shall conduct under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) certain oil and gas lease sales in OCS Planning
Areas in accordance with the schedule set forth in following table:
------------------------------------------------------------------------
Lease Sale No. OCS Planning Area Year
------------------------------------------------------------------------
300.............................. Eastern Gulf of Mexico 2018
301.............................. Eastern Gulf of Mexico 2019
302.............................. Eastern Gulf of Mexico 2020.
------------------------------------------------------------------------
(c) Lease Sales Described.--For purposes of subsection (b), lease
sale numbers 300, 301, and 302 shall be conducted--
(1) for lease tracts in the Eastern Planning Area, as
determined by and at the discretion of the Secretary, subject
to subparagraph (3);
(2) during the year specified for each such lease sale in
the table contained in subsection (b); and
(3) in accordance with the applicable provisions of this
Act.
SEC. 5. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO GULF
PRODUCING STATES.
(a) Definitions.--Section 102 of the Gulf of Mexico Energy Security
Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended--
(1) by striking paragraph (7) and inserting the following:
``(7) Gulf producing state.--The term `Gulf producing
State' means--
``(A) each of the States of Alabama, Louisiana,
Mississippi, and Texas; and
``(B) effective beginning in fiscal year 2017, the
State of Florida.''; and
(2) in paragraph (9)(A)--
(A) in clause (i)(II), by striking ``and'' at the
end; and
(B) by striking clause (ii) and inserting the
following:
``(ii) with respect to the Gulf producing
States described in paragraph (7)(A), in the
case of fiscal year 2017 and each fiscal year
thereafter, all rentals, royalties, bonus bids,
and other sums due and payable to the United
States received on or after October 1, 2016,
from leases entered into on or after December
20, 2006; and
``(iii) with respect to the State of
Florida, all eligible rentals, royalties, bonus
bids, and other sums due and payable to the
United States from leases entered into in the
Eastern Planning Area on or after October 1,
2016.''.
(b) Disposition of Revenues.--Section 105(a) of the Gulf of Mexico
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)
is amended by striking paragraph (2) and inserting the following:
``(2) in the case of qualified outer Continental Shelf
revenues generated from outer Continental Shelf areas adjacent
to Gulf producing States, 50 percent in a special account in
the Treasury from which the Secretary shall disburse--
``(A) 75 percent to Gulf producing States in
accordance with subsection (b); and
``(B) 25 percent to provide financial assistance to
States in accordance with section 200305 of title 54,
United States Code, which shall be considered income to
the Land and Water Conservation Fund for purposes of
section 200302 of that title.''.
(c) Limitation on Amount of Distributed Qualified Outer Continental
Shelf Revenues.--Section 105(f) of the Gulf of Mexico Energy Security
Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by
striking paragraph (1) and inserting the following:
``(1) In general.--Subject to paragraph (2), the total
amount of qualified outer Continental Shelf revenues described
in section 102(9)(A)(ii) that are made available under
subsection (a)(2)(A) shall not exceed--
``(A) for fiscal year 2017, $500,000,000;
``(B) for each of fiscal years 2018 through 2025,
$699,000,000; and
``(C) for each of fiscal years 2026 through 2055,
$999,000,000.''.
SEC. 6. NATIONAL DEFENSE.
(a) National Defense Areas.--Nothing in this Act or an amendment
made by this Act affects the authority of the Secretary of Defense,
with the approval of the President, to designate national defense areas
on the outer Continental Shelf pursuant to section 12(d) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1341(d)).
(b) Prohibition on Conflicts With Military Operations.--No person
may engage in any exploration, development, or production of oil or
natural gas on the outer Continental Shelf under a lease issued under
this Act that would conflict with any military operation, as determined
in accordance with--
(1) the agreement entitled ``Memorandum of Agreement
between the Department of Defense and the Department of the
Interior on Mutual Concerns on the Outer Continental Shelf''
signed July 20, 1983; and
(2) any revision or replacement of that agreement that is
agreed to by the Secretary of Defense and the Secretary of the
Interior after that date but before the date of issuance of the
lease under which the exploration, development, or production
is conducted.
SEC. 7. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.
(a) In General.--For purposes of this Act and in order to conduct
lease sales in accordance with the lease sale schedule established by
this Act, the Secretary of the Interior shall prepare a multisale
environmental impact statement under section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) for all lease sales
required under this Act that are not included in the Proposed Final
Outer Continental Shelf Oil & Gas Leasing Program (2017-2022).
(b) Actions To Be Considered.--Notwithstanding section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332), with
respect to the statement described in subsection (a), the Secretary of
the Interior--
(1) shall not be required--
(A) to identify nonleasing alternative courses of
action; or
(B) to analyze the environmental effects of any
alternative courses of action; and
(2) shall only be required--
(A) to identify--
(i) a preferred action for leasing; and
(ii) not more than 1 alternative leasing
proposal; and
(B) to analyze the environmental effects and
potential mitigation measures for the preferred action
and alternative leasing proposal identified under
subparagraph (A).
SEC. 8. COASTAL STATE AUTHORIZATION.
Prior to publishing the programmatic environmental impact statement
relating to any Proposed Final Outer Continental Shelf Oil and Gas
Leasing Program, a Gulf producing State (as defined in section 102 of
the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note;
Public Law 109-432)), shall have the option to enter into the offshore
oil and gas leasing and development program described in that Proposed
Final Outer Continental Shelf Oil and Gas Leasing Program if--
(1) the legislature of that Gulf producing State enacts a
law approving entering into the program; and
(2) that resolution is signed by the Governor of the Gulf
producing State.
SEC. 9. AIR EMISSIONS FROM OUTER CONTINENTAL SHELF ACTIVITIES.
Section 328(b) of the Clean Air Act (42 U.S.C. 7627(b)) is amended
in the first sentence by inserting ``Florida,'' after ``Mississippi,''.
SEC. 10. OFFSHORE CERTAINTY.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Marine Fisheries Service.
(2) Harassment.--The term ``harassment'' has the meaning
given the term in section 3 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1362).
(3) Request for incidental harassment authorization.--The
term ``request for incidental harassment authorization'' means
a request submitted to the Director by an individual or entity
subject to this Act (or an amendment made by this Act) to
conduct an activity in accordance with this Act (or an
amendment made by this Act), regardless of whether the activity
may result in incidental harassment of a marine mammal or
marine mammal stock in the wild.
(b) Requests for Incidental Harassment Authorization.--The Director
shall--
(1) accept as complete a written request for incidental
harassment authorization by not later than 45 days after the
date of submission of the request for incidental harassment
authorization; or
(2) provide to the requester, by not later than 15 days
after the date of submission of the request for incidental
harassment authorization, a written notice of any additional
information required to complete the request for incidental
harassment authorization.
(c) Action on Submission of Additional Information.--The Director
shall--
(1) accept as complete a request for incidental harassment
authorization by not later than 30 days after the date of
submission of any additional information required under
subsection (b)(2); or
(2) return the request for incidental harassment
authorization to the requester, together with a written
explanation of the reasons for denial of the request for
incidental harassment authorization.
(d) Failure To Respond.--If the Director fails to respond to a
request for incidental harassment authorization in accordance with an
applicable deadline under subsection (b) or (c), the request for
incidental harassment authorization shall be considered to be complete.
(e) Treatment of Complete Requests for Incidental Harassment
Authorization.--The Director shall proceed with a request for
incidental harassment authorization that is accepted as, or considered
to be, complete under subsection (b)(1), (c)(1), or (d) in accordance
with section 101(a) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1371(a)).
SEC. 11. CONTINUOUS OPERATIONS RULE.
The Secretary of the Interior shall amend the regulation issued
under section 250.180 of title 30, Code of Federal Regulations, so that
any requirement in that regulation for continuous operation is for a
period of 270 days instead of 180 days.
SEC. 12. EXPEDITED JUDICIAL REVIEW.
(a) Definition of Covered Energy Development.--In this section, the
term ``covered energy development'' means any action or decision by a
Federal official regarding--
(1) the leasing of offshore Federal land (including
submerged land) in the outer Continental Shelf for the
exploration, development, production, processing, or
transmission of oil, natural gas, or any other source or form
of energy, including actions and decisions regarding the
selection or offering of offshore Federal land in the outer
Continental Shelf for such leasing; or
(2) any action under a lease described in paragraph (1),
except that this section shall not apply to a dispute between
the parties to a lease entered into under a provision of law
authorizing the lease regarding obligations under the lease or
the alleged breach of the lease.
(b) Exclusive Jurisdiction Over Causes and Claims Relating to
Covered Energy Development.--Notwithstanding any other provision of
law, the United States District Court for the District of Columbia
shall have exclusive jurisdiction to hear all causes and claims under
this section or any other Federal law that arise from any covered
energy development, except for any cause or claim arising under the
jurisdiction of the United States Court of Appeals for the Fifth
Circuit, and brought in a United States court within that circuit.
(c) Time for Filing Complaint.--
(1) In general.--Each case or claim described in subsection
(b) shall be filed not later than the end of the 60-day period
beginning on the date of the action or decision by a Federal
official on the covered energy development concerned.
(2) Prohibition.--Any cause or claim described in
subsection (b) that is not filed within the time period
described in paragraph (1) shall be barred.
(d) District Court for District of Columbia Deadline.--
(1) In general.--Each proceeding that is subject to
subsection (b) shall--
(A) be resolved as expeditiously as practicable and
in any event by not later than 180 days after the date
the cause or claim is filed; and
(B) take precedence over all other pending matters
before the District Court for the District of Columbia.
(2) Failure to comply with deadline.--If an interlocutory
or final judgment, decree, or order has not been issued by the
District Court for the District of Columbia by the deadline
described in paragraph (1), the cause or claim shall be
dismissed with prejudice and all rights relating to the cause
or claim shall be terminated.
(e) Ability To Seek Appellate Review.--An interlocutory or final
judgment, decree, or order of the District Court for the District of
Columbia under this section may be reviewed by no other court except
the Supreme Court.
SEC. 13. GAO REPORT ON CUMULATIVE COST OF REGULATION FOR OFFSHORE
ENERGY PRODUCTION.
The Comptroller General of the United States shall--
(1) conduct more accurate estimates of the cost of
complying with major Federal rules relating to offshore energy
development and production activities on the outer Continental
Shelf; and
(2) submit to the appropriate committees of Congress a
report describing the results of the estimates calculated under
paragraph (1). | Offshore Energy and Jobs Act of 2015 This bill amends the Outer Continental Shelf Lands Act to direct the Department of the Interior to make available for leasing, and conduct lease sales including, at least 50% of the available unleased acreage within each outer Continental Shelf (OCS) planning area in the Gulf of Mexico considered to have the largest undiscovered, technically recoverable oil and gas resources. Each proposed oil and gas leasing program must include any state subdivision of an OCS planning area in the Gulf of Mexico requested by the governor of the state that represents that subdivision. The Department must also make available for leasing under each five-year oil and gas leasing program any OCS planning area in the Gulf of Mexico estimated to contain more than 2.5 billion barrels of oil or 7.5 trillion cubic feet of natural gas. The bill also amends the Gulf of Mexico Energy Security Act of 2006 to: redefine "Military Mission Line" as the western border of the Eastern Planning Area extending from Florida waters to the point that is 50 miles south in the Gulf of Mexico, and reduce the area subject to a moratorium on oil and gas leasing activities in the Central Planning Area off the coastline of Florida. Interior shall implement the Proposed Final Outer Continental Shelf Oil & Gas Leasing Program (2017-2022) in accordance with a specified schedule. Interior must conduct lease sales in the Eastern Gulf of Mexico in accordance with a prescribed schedule for 2018, 2019, and 2020. 50% of qualified OCS revenues generated from OCS areas adjacent to Gulf producing states must be deposited into a special account in the Treasury, of which 75% shall be disbursed to Gulf producing states, and 25% for financial assistance to states for land and water conservation. The bill increases, for FY2018-FY2055, the amount of qualified OCS revenues available for distribution to Gulf producing states. Oil or natural gas exploration, development, or production on the OCS under a federal lease that would conflict with a military operation is hereby prohibited. Interior must prepare a multisale environmental impact statement for all lease sales that are not included in the Proposed Final Outer Continental Shelf Oil & Gas Leasing Program (2017-2022). A Gulf producing state may enter into the offshore oil and gas leasing and development program described in that Program before publishing its programmatic environmental impact statement. Interior must consult with the Environmental Protection Agency to assure coordination of air pollution control regulation for OCS emissions in adjacent onshore areas of Mississippi. The National Marine Fisheries Service shall, by certain deadlines, act upon or deny a written request for incidental harassment authorization to conduct an activity under this Act regardless of whether it may result in incidental harassment of a marine mammal or marine mammal stock in the wild. Interior must amend regulations to extend from 180 to 270 the number of remaining days of continuous operation of production under an oil, gas, or sulphur lease during which specified actions must be taken to renew the lease. The bill prescribes guidelines for expedited judicial review of certain energy actions or decisions by a federal official regarding the leasing of offshore federal land in the OCS. The Government Accountability Office shall report to Congress on the estimated costs of complying with major federal rules relating to offshore energy development and production activities on the OCS. | {"src": "billsum_train", "title": "Offshore Energy and Jobs Act of 2015"} | 3,976 | 701 | 0.665277 | 2.117632 | 0.710796 | 3.847134 | 5.609873 | 0.894904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fossil Aid is Inefficient and
Regressive Energy Policy Act'' or the ``FAIR Energy Policy Act''.
SEC. 2. PHASE OUT OF TAX PREFERENCES FOR FOSSIL FUELS.
(a) Findings.--Congress finds the following:
(1) United States tax policy has provided tax preferences,
such as special deductions, special tax rates, tax credits, and
grants in lieu of tax credits, for oil and gas production for
100 years.
(2) United States tax policy has provided tax preferences
for coal production for over 80 years.
(3) In order to ensure that all sources of energy compete
on an equal footing, as tax credits for renewable energy are
phased out over the next 4 years, fossil fuel tax preferences
should be phased out on the same schedule.
(b) Expensing of Intangible Drilling Costs.--Section 263 of the
Internal Revenue Code of 1986 is amended--
(1) in subsection (c), by striking ``subsection (i)'' and
inserting ``subsections (i) and (j)'', and
(2) by adding at the end the following new subsection:
``(j) Phase Out of Deduction for Intangible Drilling Costs.--In the
case of a dual capacity taxpayer which is a major integrated oil
company (within the meaning of section 167(h)(5)), for any intangible
drilling and development costs paid or incurred with respect to an oil
or gas well, the amount of such costs allowed as a deduction under
subsection (c) shall be reduced by--
``(1) in the case of any costs paid or incurred after
December 31, 2016, and before January 1, 2018, 20 percent,
``(2) in the case of any costs paid or incurred after
December 31, 2017, and before January 1, 2019, 40 percent,
``(3) in the case of any costs paid or incurred after
December 31, 2018, and before January 1, 2020, 60 percent, and
``(4) in the case of any costs paid or incurred after
December 31, 2019, 100 percent.''.
(c) Percentage Depletion for Oil and Natural Gas Wells.--Section
613A(d) of such Code is amended by adding at the end the following new
paragraph:
``(6) Phase out of percentage depletion for oil and natural
gas wells.--In the case of a dual capacity taxpayer which is a
major integrated oil company (within the meaning of section
167(h)(5)), the amount allowed as a deduction for the taxable
year which is attributable to the application of subsection (c)
(determined after the application of paragraphs (1) through (5)
of this subsection and without regard to this paragraph) shall
be reduced by--
``(A) in the case of any crude oil or natural gas
produced after December 31, 2016, and before January 1,
2018, 20 percent,
``(B) in the case of any crude oil or natural gas
produced after December 31, 2017, and before January 1,
2019, 40 percent,
``(C) in the case of any crude oil or natural gas
produced after December 31, 2018, and before January 1,
2020, 60 percent, and
``(D) in the case of any crude oil or natural gas
produced after December 31, 2019, 100 percent.''.
(d) Domestic Manufacturing Deduction for Fossil Fuels.--Section
199(d)(9) of such Code is amended by adding at the end the following
new subparagraph:
``(D) Phase out of deduction for oil related
qualified production activities income.--In the case of
a dual capacity taxpayer which is a major integrated
oil company (within the meaning of section 167(h)(5)),
the amount allowable as a deduction under subsection
(a) (determined after the application of subparagraph
(A) and without regard to this subparagraph) shall be
reduced by--
``(i) in the case of any oil related
qualified production activities income received
or accrued after December 31, 2016, and before
January 1, 2018, 20 percent,
``(ii) in the case of any oil related
qualified production activities income received
or accrued after December 31, 2017, and before
January 1, 2019, 40 percent,
``(iii) in the case of any oil related
qualified production activities income received
or accrued after December 31, 2018, and before
January 1, 2020, 60 percent, and
``(iv) in the case of any oil related
qualified production activities income received
or accrued after December 31, 2019, 100
percent.''.
(e) Amortization of Geological and Geophysical Expenditures.--
Section 167(h) of such Code is amended by adding at the end the
following new paragraph:
``(6) Phase out of amortization of geological and
geophysical expenditures.--In the case of a dual capacity
taxpayer which is a major integrated oil company (within the
meaning of section 167(h)(5)), the amount of geological and
geophysical expenses paid or incurred by a taxpayer which are
allowed as a deduction under this subsection (without regard to
this paragraph) shall be reduced by--
``(A) in the case of any such expenses paid or
incurred after December 31, 2016, and before January 1,
2018, 20 percent,
``(B) in the case of any such expenses paid or
incurred after December 31, 2017, and before January 1,
2019, 40 percent,
``(C) in the case of any such expenses paid or
incurred after December 31, 2018, and before January 1,
2020, 60 percent, and
``(D) in the case of any such expenses paid or
incurred after December 31, 2019, 100 percent.''.
(f) Percentage Depletion for Oil Shale.--Section 613 of such Code
is amended by adding at the end the following new subsection:
``(f) Phase Out of Percentage Depletion for Oil Shale.--In the case
of a dual capacity taxpayer which is a major integrated oil company
(within the meaning of section 167(h)(5)), the allowance for depletion
for oil shale determined under this section (without regard to this
subsection) shall be reduced by--
``(1) in the case of any income received or accrued from
the property after December 31, 2016, and before January 1,
2018, 20 percent,
``(2) in the case of any income received or accrued from
the property after December 31, 2017, and before January 1,
2019, 40 percent,
``(3) in the case of any income received or accrued from
the property after December 31, 2018, and before January 1,
2020, 60 percent, and
``(4) in the case of any income received or accrued from
the property after December 31, 2019, 100 percent.''.
(g) Expensing of Exploration and Development Costs for Oil Shale.--
Section 617 of such Code is amended--
(1) by redesignating subsection (i) as subsection (j), and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Phase Out of Expensing of Exploration and Development Costs
for Oil Shale.--In the case of a dual capacity taxpayer which is a
major integrated oil company (within the meaning of section 167(h)(5)),
the amount of expenditures related to oil shale which are allowed as a
deduction under subsection (a) shall be reduced by--
``(1) in the case of any such expenditures paid or incurred
after December 31, 2016, and before January 1, 2018, 20
percent,
``(2) in the case of any such expenditures paid or incurred
after December 31, 2017, and before January 1, 2019, 40
percent,
``(3) in the case of any such expenditures paid or incurred
after December 31, 2018, and before January 1, 2020, 60
percent, and
``(4) in the case of any such expenditures paid or incurred
after December 31, 2019, 100 percent.''.
(h) Capital Gains Treatment for Royalties of Coal.--Section 631 of
such Code is amended by adding at the end the following new subsection:
``(d) Phase Out of Capital Gains Treatment for Royalties of Coal.--
In the case of coal (including lignite), the amount of gain or loss on
the sale of such coal to which subsection (c) applies shall be reduced
by--
``(1) in the case of any such gain or loss after December
31, 2016, and before January 1, 2018, 20 percent,
``(2) in the case of any such gain or loss after December
31, 2017, and before January 1, 2019, 40 percent,
``(3) in the case of any such gain or loss after December
31, 2018, and before January 1, 2020, 60 percent, and
``(4) in the case of any such gain or loss after December
31, 2019, 100 percent.''.
(i) Deduction for Tertiary Injectants.--Section 193 of such Code is
amended by adding at the end the following new subsection:
``(d) Phase Out of Deduction for Tertiary Injectants.--In the case
of a dual capacity taxpayer which is a major integrated oil company
(within the meaning of section 167(h)(5)), the amount of qualified
tertiary injectant expenses allowable as a deduction under subsection
(a) shall be reduced by--
``(1) in the case of any such expenditures paid or incurred
after December 31, 2016, and before January 1, 2018, 20
percent,
``(2) in the case of any such expenditures paid or incurred
after December 31, 2017, and before January 1, 2019, 40
percent,
``(3) in the case of any such expenditures paid or incurred
after December 31, 2018, and before January 1, 2020, 60
percent, and
``(4) in the case of any such expenditures paid or incurred
after December 31, 2019, 100 percent.''.
(j) Exception to Passive Loss Limitation for Working Interests in
Oil and Natural Gas Properties.--Section 469(c) of such Code is amended
by adding at the end the following new paragraph:
``(8) Phase out of exception to passive loss limitation for
working interests in oil and natural gas properties.--In the
case of a dual capacity taxpayer which is a major integrated
oil company (within the meaning of section 167(h)(5)), for any
loss from a working interest in any oil or gas property, the
amount of such loss to which paragraph (3) applies shall be
reduced by--
``(A) in the case of any such loss after December
31, 2016, and before January 1, 2018, 20 percent,
``(B) in the case of any such loss after December
31, 2017, and before January 1, 2019, 40 percent,
``(C) in the case of any such loss after December
31, 2018, and before January 1, 2020, 60 percent, and
``(D) in the case of any such loss after December
31, 2019, 100 percent.''.
(k) Marginal Wells Credit.--Section 45I(d) of such Code is amended
by adding at the end the following new paragraph:
``(4) Phase out of marginal wells credit.--In the case of a
dual capacity taxpayer which is a major integrated oil company
(within the meaning of section 167(h)(5)), the amount of the
credit determined under subsection (a) shall be reduced by--
``(A) in the case of any qualified crude oil
production or qualified natural gas production after
December 31, 2016, and before January 1, 2018, 20
percent,
``(B) in the case of any qualified crude oil
production or qualified natural gas production after
December 31, 2017, and before January 1, 2019, 40
percent,
``(C) in the case of any qualified crude oil
production or qualified natural gas production after
December 31, 2018, and before January 1, 2020, 60
percent, and
``(D) in the case of any qualified crude oil
production or qualified natural gas production after
December 31, 2019, 100 percent.''. | Fossil Aid is Inefficient and Regressive Energy Policy Act or the FAIR Energy Policy Act This bill amends the Internal Revenue Code to phase out certain tax provisions that apply to fossil fuels. The bill establishes a schedule for decreasing the benefits of the provisions for major integrated oil companies by specified percentages that reach 100% after December 31, 2019. The affected provisions include: the deduction for intangible drilling costs, the deduction for the percentage of depletion of oil and natural gas wells, the deduction for oil related qualified production activities income, the deduction for the amortization of geological and geophysical expenditures, the deduction for the percentage of depletion of oil shale, the deduction for exploration and development costs for oil shale, the capital gains treatment for royalties of coal, the deduction for tertiary injectants, the exception to the passive loss limitation for working interests in oil and natural gas properties, and the marginal wells tax credit. | {"src": "billsum_train", "title": "FAIR Energy Policy Act"} | 2,592 | 207 | 0.584007 | 1.812142 | 0.865989 | 2.478261 | 14.032609 | 0.826087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voluntary Environmental Self-
Evaluation Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Federal agency.--The term ``Federal agency'' means any
agency (as defined in section 551 of title 5, United States
Code) with authority to administer or enforce any environmental
law.
(2) State agency.--The term ``State agency'' means any
agency or instrumentality of the executive branch of a State or
local government with authority to administer or enforce any
environmental law.
(3) Environmental law.--The term ``environmental law''
means the following:
(A) Each of the following Federal laws:
(i) The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.).
(ii) The Toxic Substances Control Act (15
U.S.C. 2601 et seq.).
(iii) The Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.).
(iv) The Safe Drinking Water Act (42 U.S.C.
300f et seq.).
(v) The solid Waste Disposal Act (42 U.S.C.
6901 et seq.).
(vi) The Clean Air Act (42 U.S.C. 7401 et
seq.).
(vii) The Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(viii) The Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001 et
seq.).
(ix) The Oil Pollution Act of 1980 (33
U.S.C. 2701 et seq.).
(x) The Noise Control Act of 1982 (42
U.S.C. 4901 et seq.).
(xi) The Pollution Prevention Act of 1990
(42 U.S.C. 13101 et seq.).
(xii) The Endangered Species Act (16 U.S.C.
1531 et seq.).
(xiii) The Surface Mining Control and
Reclamation Act (30 U.S.C. 1201).
(xiv) The Rivers and Harbors Act (33 U.S.C.
401-465).
(xv) The Hazardous Materials Transportation
Act (49 U.S.C. 1801-1813).
(xvi) Any other statute enacted after the
effective date of this Act that addresses the
same or similar subject matter.
(B) Any legal requirement in effect in a State
under a program delegated to the State under a law
listed in subparagraph (A) or which the State is
authorized to operate in lieu of a Federal program
under a law listed in subparagraph (A).
Such term includes any regulation or other requirement issued
under a law in subparagraph (A) or (B) and the terms and
conditions of any permit issued under any such law.
(4) Voluntary environmental self-evaluation.--The term
``voluntary environmental self-evaluation'' means a periodic
and objective review by regulated entities of facility
operations and practices related to meeting environmental
requirements. Such term shall not include an environmental
compliance management system.
(5) Environmental compliance management system.--The term
``environmental compliance management system'' encompasses the
regulated entity's systematic efforts, appropriate to the size
and nature of its business, to prevent, detect, and correct
violations through all of the following:
(A) Compliance policies, standards, and procedures
that identify how employees and agents are to meet the
requirements of laws, regulations, permits, and other sources of
authority for environmental requirements.
(B) Assignment of overall responsibility for
overseeing compliance with policies, standards,
procedures, and assignment of specific responsibility
for assuring compliance at each facility or operation.
(C) Mechanisms for systematically assuring that
compliance policies, standards, and procedures are
being carried out, including monitoring and auditing
systems reasonably designed to detect and correct
violations, periodic evaluation of the overall
performance of the compliance management system, and a
means for employees or agents to report violations of
environmental requirements without fear of retaliation.
(D) Efforts to communicate effectively the
regulated entity's standards and procedures to all
employees and other agents.
(E) Appropriate incentives to managers and
employees to perform in accordance with the compliance
policies, standards, and procedures, including
consistent enforcement through appropriate disciplinary
mechanisms.
(F) Procedures for the prompt and appropriate
correction of any violations, and any necessary
modifications to the regulated entity's program to
prevent future violations.
(6) Voluntary environmental self-evaluation report.--(A)
The term ``voluntary environmental self-evaluation report''
means documents prepared as a result of a voluntary
environmental self-evaluation. An environmental self-evaluation
report shall include any field notes, drafts, memoranda,
drawings, photographs, computer software or stored information
or electronically recorded information, maps, charts, graphs,
surveys, analyses (including laboratory results, instrument
readings, and field analyses), or any other information
pertaining to observations, findings, opinions, suggestions, or
conclusions, if such supporting information is collected or
developed for the primary purpose and in the course of the
self-evaluation.
(B) The report may include, but is neither limited to nor
required to contain, the following general component parts:
(i) A document prepared by the auditor or
evaluator, which may describe the scope of the
evaluation, the information learned, conclusions and
recommendations, and exhibits and appendices.
(ii) An analysis of a portion or all of the self-
evaluation or issues arising therefrom.
(iii) An implementation plan or tracking system
that addresses actions taken or to be taken by the
owner or operator of the facility as a result of the
self-evaluation.
(7) Civil proceedings.--The term ``civil proceeding''
includes any administrative or civil judicial proceeding,
including those for suspension, or listing.
(8) Regulated entity.--The term ``regulated entity'' means
an entity, including a Federal, State, or municipal agency or
facility, regulated under an environmental law.
SEC. 3. NONDISCLOSURE PRIVILEGE.
(a) In General.--No information contained in any voluntary
environmental self-evaluation report, and no testimony relating to a
voluntary environmental self-evaluation shall be admissible evidence in
any Federal or State administrative or judicial proceeding under any
environmental law or subject to discovery in any such proceeding,
except as otherwise provided in this section.
(b) Information Not Subject to Privilege.--The privilege under
subsection (a) shall not apply to--
(1) any information required to be developed, maintained,
or reported pursuant to any environmental law; or
(2) information with respect to a regulated entity's
specific intentional or willful violation of an environmental
law.
(c) Waiver.--Any entity entitled to a privilege of nondisclosure
under subsection (a) may waive such privilege by means of an express
written statement specifically describing the information to which such
waiver applies. No disclosure of information pursuant to a
confidentiality agreement in a business or financial transaction shall
be considered to be an express written statement waiving the privileges
under this section.
(d) In Camera Hearing.--Whenever any person seeks to obtain any
information described in subsection (a) from any other entity for use
in any administrative or judicial proceeding, if such other entity
refuses to disclose the information on the basis of a privilege under
subsection (a), the person seeking disclosure may request an
administrative law judge (in the case of an administrative proceeding)
or the court (in the case of any civil or criminal proceeding) to
convene an in camera proceeding to determine the application of the
privilege. The administrative law judge or the court shall initiate
such a proceeding and require disclosure of such information to the
court under seal for purposes of making such determination. In any such
hearing, the entity asserting the privilege shall have the burden of
asserting a prima facie basis for the privilege and the person seeking
disclosure shall have the burden of persuasion that the privilege
should not apply.
(e) Civil Proceedings.--The privilege under subsection (a) shall
not apply in any civil proceeding if the administrative law judge (in
the case of an administrative proceeding) or the court (in the case of
a judicial proceeding) determines, in an in camera proceeding under
subsection (d), that--
(1) the report, finding, opinion, or other document or
communication or testimony indicates noncompliance with an
environmental law by such entity, and such entity failed to
initiate efforts to achieve compliance with the law within a
reasonable period of time in a manner consistent with
applicable provisions of law;
(2) such entity is asserting the applicability of the
privilege under this section for a fraudulent purpose; or
(3) the report was prepared for the purpose of avoiding
disclosure of information required for a then pending or
imminent specific investigative, administrative, or judicial
proceeding of which the regulated entity had knowledge.
Whenever an administrative law judge or a court has ruled under this
subsection that the privilege does or does not apply to any report,
finding, opinion, or other document or communication or testimony of
any entity, such entity may appeal such ruling to the appropriate
United States district court (in the case of an administrative law
judge) or to the appropriate court of appeals (in the case of a ruling
by a court) and such court shall review such ruling and issue a
decision on the appeal within 30 days after the filing of the appeal.
(f) Criminal Proceedings.--The privilege under subsection (a) shall
not apply in any criminal proceeding if the court, in an in camera
hearing, makes any determination referred to in subsection (e). A law
enforcement official, having probable cause (based upon information
obtained from a source independent of a voluntary environmental self-
evaluation report) to believe that a criminal offense has been
committed under any of the covered environmental laws and that the
report constitutes evidence of such offense, may obtain the report
pursuant to a lawful search and seizure. However, upon taking
possession of the report, the law enforcement official shall
immediately place it under seal and shall not review, disclose, or
otherwise use the contents of the report in any way, unless the person
or entity for whom the report was prepared expressly waives its
protected status pursuant to subsection (c) or the court determines
that the report is subject to disclosure in an in camera hearing under
subsection (d). During any such hearing, the court shall permit the
agency to review, but not to disclose or use the information for
purposes of any investigation or proceeding.
SEC. 4. IMMUNITY FOR CERTAIN VOLUNTARY DISCLOSURES.
(a) In General.--Whenever any entity has disclosed to the Federal
or State agency administering any environmental law information
relating to the violation by such entity of such environmental law as a
result of a voluntary environmental self-evaluation performed by such
entity or an environmental compliance management system used by such
entity, such entity and officers, employees, and agents of such entity
shall be immune from prosecution in any Federal or State
administrative, civil, or criminal proceeding regarding such violation
(other than a criminal proceeding for conduct involving specific intent
to violate the law), and the information disclosed shall not be
admissible in any court or administrative proceeding, if--
(1) such entity (or officer, employee, or agent) ensures
that the disclosure is made promptly after receiving knowledge
of the information;
(2) such entity (or officer, employee, or agent) initiates
efforts to achieve compliance in a manner consistent with
applicable provisions of law;
(3) such entity (or officer, employee, or agent) is not
asserting the applicability of the immunity under this section
for a fraudulent purpose;
(4) such information is not disclosed for the purpose of
avoiding penalties in an investigative, administrative, or
judicial proceeding that, at the time of disclosure, was
imminent or in progress; and
(5) such entity (or officer, employee, or agent) discloses
such other information relating to the violation as the agency
concerned reasonably requests, other than information subject
to a nondisclosure privilege under section 3 or under any other
authority of law.
(b) Exclusions.--The immunity under subsection (a) shall not apply
to an entity if the violation concerned is part of a pattern of
significant violations (counting any multiday occurrence stemming from
the same cause as a single violation) that has occurred within the past
3 years at the same facility or at different facilities under the
common control of a regulated entity whose senior management had actual
knowledge of the violations and failed to take timely corrective
action. For purposes of this section, a violation is any violation of
an environmental law identified in a judicial or administrative order,
consent agreement or order, conviction, or plea agreement.
(c) Procedure.--
(1) Presumption.--Whenever a regulated entity voluntarily
discloses to a Federal or State agency information relating to
the violation by such entity of an environmental law, if such
information was obtained as a result of a voluntary
environmental self-evaluation, or from an environmental
compliance management system, the entity shall be presumed to
be entitled to immunity under this section with respect to such
violation if the entity provides information supporting a claim
that the entity is qualified for such immunity at the time the
entity makes the disclosure. Such presumption shall be
conclusive unless challenged by the agency within 60 days of
the disclosure.
(2) Judicial determination.--An entity may request the
appropriate United States district court for a determination
regarding whether or not the immunity under subsection (a) is
applicable to such entity (or officer or employee or agent)
with respect to any violation.
SEC. 5. SAVINGS CLAUSE.
(a) Authority To Issue Certain Orders.--Nothing in this Act shall
be construed to affect the authority of a Federal or State agency
responsible for administering an environmental law to issue a cease and
desist order or to seek a temporary restraining order or injunction for
any violation of an environmental law.
(b) State Privileges and Immunities.--Nothing in this Act shall be
construed to limit any privilege against disclosure in effect under
State law. Nothing in this Act shall be construed to limit any immunity
available to any person under State law.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect with respect to civil and criminal
proceedings commenced after the enactment of this Act. | Voluntary Environmental Self-Evaluation Act - Makes information contained in any voluntary environmental self-evaluation and any related testimony inadmissible evidence (and not subject to discovery) in Federal or State administrative or judicial proceedings under any Federal environmental law. Makes such privilege inapplicable to information: (1) required to be developed, maintained, or reported pursuant to such laws; or (2) with respect to a regulated entity's intentional or willful violation of such a law.Provides immunity from prosecution for voluntary disclosures of information relating to violations of an environmental law as a result of a voluntary environmental self-evaluation if certain conditions are met, including that the disclosure is made promptly and efforts to achieve compliance are initiated. Precludes immunity if the violation concerned is part of a pattern of significant violations. | {"src": "billsum_train", "title": "To establish certain privileges and immunities for information disclosed as part of a voluntary self-evaluation of compliance with environmental requirements, relating to compliance with environmental laws, and for other purposes."} | 3,249 | 183 | 0.408917 | 1.153283 | 0.705991 | 3.833333 | 19.813333 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazardous Agent Emergency Uniform
Response Act''.
SEC. 2. PROTOCOLS FOR UNIFORM NATIONAL RESPONSES TO PUBLIC HEALTH
EMERGENCIES INVOLVING DANGEROUS BIOLOGICAL AGENTS OR
DANGEROUS CHEMICALS.
(a) In General.--
(1) Protocols through joint interdepartmental working
group.--The Secretary of Health and Human Services (in this
section referred to as the ``Secretary''), in carrying out
section 319F(b) of the Public Health Service Act, shall develop
protocols for responding to public health emergencies resulting
from the release of dangerous biological agents or dangerous
chemicals, including the intentional release of such agents or
chemicals.
(2) Consultation with states.--In carrying out this
section, the Secretary shall consult with the States, including
the chief public health officers and the attorneys general of
the States.
(b) Hazardous Agents.--
(1) In general.--For purposes of this section, the term
``hazardous agents'' means dangerous biological agents and
dangerous chemicals.
(2) Dangerous biological agents.--For purposes of this
section, the term ``dangerous biological agent'' means a
biological agent or toxin that--
(A) is on the list that is in effect pursuant to
section 511(d)(1) of the Antiterrorism and Effective
Death Penalty Act of 1996; and
(B) has not been exempted from the applicability of
regulations under section 511(e) of such Act.
(3) Dangerous chemicals.--
(A) In general.--For purposes of this section, the
term ``dangerous chemical'' means a chemical listed
under subparagraph (B).
(B) List of chemicals.--Not later than 45 days
after the date of the enactment of this Act, the
Secretary, in consultation with the Chemical Safety and
Hazard Investigation Board under section 112(r)(6) of
the Clean Air Act, shall develop a list of chemicals
that are considered by the Secretary--
(i) to be substances that are known to
cause, or may reasonably be anticipated to
cause, death or other serious adverse effects
on human health, which substances shall include
substances listed under section 112(r)(3) of
such Act; and
(ii) to be candidates for use by
individuals who intend to cause death or other
serious adverse effects on human health by
intentionally releasing the chemicals.
(c) Agent-Specific Protocols.--A protocol under subsection (a)
shall be developed for each hazardous agent. Such a protocol shall
include provisions specific to the hazardous agent involved, unless the
Secretary determines that the agent has no unique characteristics
relevant to making an adequate response to a public health emergency
resulting from the release of the agent.
(d) Priorities; Timeframe.--
(1) Priorities.--Not later than 45 days after the date of
the enactment of this Act, the Secretary shall with respect to
the development of protocols under subsection (a) establish
priorities among hazardous agents.
(2) Timeframe.--Promptly after establishing priorities
under paragraph (1), the Secretary shall begin developing a
protocol under subsection (a) for the hazardous agent assigned
the highest priority. In developing such protocol, and each
other protocol under such subsection, the Secretary shall seek
to complete development not later than 45 days after beginning
the process of development. Promptly after completing the
development of one protocol, the Secretary shall begin
developing another protocol.
(e) Uniformity; Testing; Other Provisions.--The provisions of a
protocol under subsection (a) shall include provisions for the
following:
(1) Ensuring that the protocol is applied uniformly in each
public health emergency involving the hazardous agent for which
the protocol is developed, subject to factual differences among
emergencies.
(2) Coordinating with public and private emergency response
personnel, including State and local public health officials,
to provide for such uniformity.
(3) Providing medically appropriate information promptly to
individuals who are present at buildings or other sites at
which the public health emergency involved occurs, including
individuals with employment functions at such sites.
(4) Testing and treating affected individuals promptly with
respect to such agent.
(5) Decontaminating sites referred to in paragraph (3).
(6) Providing for differences in responding to an emergency
according to whether the release of the hazardous agent
involved is accidental or intentional.
(7) Such other provisions as the Secretary determines to be
appropriate.
(f) Periodic Review.--The Secretary shall periodically review
protocols under subsection (a) and shall revise the protocols as
appropriate.
(g) Development Exemptions.--The requirement under subsection (a)
to develop a protocol for a hazardous agent does not apply if the
Secretary makes a determination that a protocol existing as of the date
of the enactment of this Act meets the requirements of this section
(which determination is referred to in this section as a ``development
exemption''). Not later than 30 days after such date of enactment, the
Secretary shall submit to the Congress a report providing a list of the
hazardous agents for which the Secretary has provided development
exemptions. Such an exemption may not be construed as affecting the
applicability of the requirements of review and revision under
subsection (f).
(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2002 through 2006. Such
authorization of appropriations is in addition to other authorizations
of appropriations that are available for such purpose. | Hazardous Agent Emergency Uniform Response Act - Directs the Secretary of Health and Human Services to develop protocols for responding to public health emergencies resulting from the release of dangerous biological agents or chemicals. Requires such protocols to be : (1) specific to the hazardous agent involved (unless the agent has no unique characteristics); and (2) uniformly applied through coordination with emergency response personnel, dissemination of appropriate medical information, testing, treatment, and decontamination. Requires differentiated responses for intentional (as opposed to accidental) releases. | {"src": "billsum_train", "title": "To provide for the development of protocols for uniform national responses to public health emergencies involving dangerous biological agents or dangerous chemicals."} | 1,234 | 112 | 0.58084 | 1.43521 | 0.792956 | 3.171717 | 11.262626 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trademark Amendments Act of 1999''.
SEC. 2. DILUTION AS A GROUNDS FOR OPPOSITION AND CANCELLATION.
(a) Registrable Marks.--Section 2 of the Act entitled ``An Act to
provide for the registration and protection of trade-marks used in
commerce, to carry out the provisions of certain international
conventions, and for other purposes'' (in this Act referred to as the
``Trademark Act of 1946'') (15 U.S.C. 1052) is amended by adding at the
end the following flush sentences: ``A mark which when used would cause
dilution under section 43(c) may be refused registration only pursuant
to a proceeding brought under section 13. A registration for a mark
which when used would cause dilution under section 43(c) may be
canceled pursuant to a proceeding brought under either section 14 or
section 24.''.
(b) Opposition.--Section 13(a) of the Trademark Act of 1946 (15
U.S.C. 1063(a)) is amended in the first sentence by inserting ``,
including as a result of dilution under section 43(c),'' after
``principal register''.
(c) Petitions To Cancel Registrations.--Section 14 of the Trademark
Act of 1946 (15 U.S.C. 1064) is amended in the matter preceding
paragraph (1) by inserting ``, including as a result of dilution under
section 43(c),'' after ``damaged''.
(d) Cancellation.--Section 24 of the Trademark Act of 1946 (15
U.S.C. 1092) is amended in the second sentence by inserting ``,
including as a result of dilution under section 43(c),'' after
``register''.
(e) Effective Date and Application.--The amendments made by this
section shall take effect on the date of enactment of this Act and
shall apply only to any application for registration filed on or after
January 16, 1996.
SEC. 3. REMEDIES IN CASES OF DILUTION OF FAMOUS MARKS.
(a) Injunctions.--(1) Section 34(a) of the Trademark Act of 1946
(15 U.S.C. 1116(a)) is amended in the first sentence by striking
``section 43(a)'' and inserting ``subsection (a) or (c) of section
43''.
(2) Section 43(c)(2) of the Trademark Act of 1946 (15 U.S.C.
1125(c)(2)) is amended in the first sentence by inserting ``as set
forth in section 34'' after ``relief''.
(b) Damages.--Section 35(a) of the Trademark Act of 1946 (15 U.S.C.
1117(a)) is amended in the first sentence by striking ``or a violation
under section 43(a),'' and inserting ``a violation under section 43(a),
or a willful violation under section 43(c),''.
(c) Destruction of Articles.--Section 36 of the Trademark Act of
1946 (15 U.S.C. 1118) is amended in the first sentence--
(1) by striking ``or a violation under section 43(a),'' and
inserting ``a violation under section 43(a), or a willful violation
under section 43(c),''; and
(2) by inserting after ``in the case of a violation of section
43(a)'' the following: ``or a willful violation under section
43(c)''.
SEC. 4. LIABILITY OF GOVERNMENTS FOR TRADEMARK INFRINGEMENT AND
DILUTION.
(a) Civil Actions.--Section 32 of the Trademark Act of 1946 (15
U.S.C. 1114) is amended in the last undesignated paragraph in paragraph
(1)--
(1) in the first sentence by inserting after ``includes'' the
following: ``the United States, all agencies and instrumentalities
thereof, and all individuals, firms, corporations, or other persons
acting for the United States and with the authorization and consent
of the United States, and''; and
(2) in the second sentence by striking ``Any'' and inserting
``The United States, all agencies and instrumentalities thereof,
and all individuals, firms, corporations, other persons acting for
the United States and with the authorization and consent of the
United States, and any''.
(b) Waiver of Sovereign Immunity.--Section 40 of the Trademark Act
of 1946 (15 U.S.C. 1122) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by striking ``Sec. 40. (a) Any State'' and inserting the
following:
``Sec. 40. (a) Waiver of Sovereign Immunity by the United States.--
The United States, all agencies and instrumentalities thereof, and all
individuals, firms, corporations, other persons acting for the United
States and with the authorization and consent of the United States,
shall not be immune from suit in Federal or State court by any person,
including any governmental or nongovernmental entity, for any violation
under this Act.
``(b) Waiver of Sovereign Immunity by States.--Any State''; and
(3) in the first sentence of subsection (c), as so
redesignated--
(A) by striking ``subsection (a) for a violation described
in that subsection'' and inserting ``subsection (a) or (b) for
a violation described therein''; and
(B) by inserting after ``other than'' the following: ``the
United States or any agency or instrumentality thereof, or any
individual, firm, corporation, or other person acting for the
United States and with authorization and consent of the United
States, or''.
(c) Definition.--Section 45 of the Trademark Act of 1946 (15 U.S.C.
1127) is amended by inserting between the 2 paragraphs relating to the
definition of ``person'' the following:
``The term `person' also includes the United States, any agency or
instrumentality thereof, or any individual, firm, or corporation acting
for the United States and with the authorization and consent of the
United States. The United States, any agency or instrumentality
thereof, and any individual, firm, or corporation acting for the United
States and with the authorization and consent of the United States,
shall be subject to the provisions of this Act in the same manner and
to the same extent as any nongovernmental entity.''.
SEC. 5. CIVIL ACTIONS FOR TRADE DRESS INFRINGEMENT.
Section 43(a) of the Trademark Act of 1946 (15 U.S.C. 1125(a)) is
amended by adding at the end the following:
``(3) In a civil action for trade dress infringement under this Act
for trade dress not registered on the principal register, the person
who asserts trade dress protection has the burden of proving that the
matter sought to be protected is not functional.''.
SEC. 6. TECHNICAL AMENDMENTS.
(a) Assignment of Marks.--Section 10 of the Trademark Act of 1946
(15 U.S.C. 1060) is amended--
(1) by striking ``subsequent purchase'' in the second to last
sentence and inserting ``assignment'';
(2) in the first sentence by striking ``mark,'' and inserting
``mark.''; and
(3) in the third sentence by striking the second period at the
end.
(b) Additional Clerical Amendments.--The text and title of the
Trademark Act of 1946 are amended by striking ``trade-marks'' each
place it appears and inserting ``trademarks''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes a court to grant injunctive relief for violations of this Act, as well as damages for willful violations, and an order for delivery and destruction of any articles of the defendant which constitute a willful violation.
Waives sovereign immunity for the Federal Government to grant private citizens and corporate entities the right to bring an action for trademark infringement against the United States, its agencies, and any entities or persons acting for the United States.
Declares that in an action for trade dress infringement, where the matter sought to be protected is not registered with the U.S. Patent and Trademark Office, the person who asserts trade dress protection has the burden of proving that the trade dress is not functional (that is, not commonly used by similar businesses, and thus eligible for protection). | {"src": "billsum_train", "title": "Trademark Amendments Act of 1999"} | 1,835 | 167 | 0.353877 | 1.025618 | 0.547145 | 2.597315 | 10.281879 | 0.771812 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mobile Workforce State Income Tax
Simplification Act of 2012''.
SEC. 2. LIMITATIONS ON STATE WITHHOLDING AND TAXATION OF EMPLOYEE
INCOME.
(a) In General.--No part of the wages or other remuneration earned
by an employee who performs employment duties in more than one State
shall be subject to income tax in any State other than--
(1) the State of the employee's residence; and
(2) the State within which the employee is present and
performing employment duties for more than 30 days during the
calendar year in which the wages or other remuneration is
earned.
(b) Wages or Other Remuneration.--Wages or other remuneration
earned in any calendar year shall not be subject to State income tax
withholding and reporting requirements unless the employee is subject
to income tax in such State under subsection (a). Income tax
withholding and reporting requirements under subsection (a)(2) shall
apply to wages or other remuneration earned as of the commencement date
of employment duties in the State during the calendar year.
(c) Operating Rules.--For purposes of determining penalties related
to an employer's State income tax withholding and reporting
requirements--
(1) an employer may rely on an employee's annual
determination of the time expected to be spent by such employee
in the States in which the employee will perform duties
absent--
(A) the employer's actual knowledge of fraud by the
employee in making the determination; or
(B) collusion between the employer and the employee
to evade tax;
(2) except as provided in paragraph (3), if records are
maintained by an employer in the regular course of business
that record the location of an employee, such records shall not
preclude an employer's ability to rely on an employee's
determination under paragraph (1); and
(3) notwithstanding paragraph (2), if an employer, at its
sole discretion, maintains a time and attendance system that
tracks where the employee performs duties on a daily basis,
data from the time and attendance system shall be used instead
of the employee's determination under paragraph (1).
(d) Definitions and Special Rules.--For purposes of this Act:
(1) Day.--
(A) Except as provided in subparagraph (B), an
employee is considered present and performing
employment duties within a State for a day if the
employee performs more of the employee's employment
duties within such State than in any other State during
a day.
(B) If an employee performs employment duties in a
resident State and in only one nonresident State during
one day, such employee shall be considered to have
performed more of the employee's employment duties in
the nonresident State than in the resident State for
such day.
(C) For purposes of this paragraph, the portion of
the day during which the employee is in transit shall
not be considered in determining the location of an
employee's performance of employment duties.
(2) Employee.--The term ``employee'' has the same meaning
given to it by the State in which the employment duties are
performed, except that the term ``employee'' shall not include
a professional athlete, professional entertainer, or certain
public figures.
(3) Professional athlete.--The term ``professional
athlete'' means a person who performs services in a
professional athletic event, provided that the wages or other
remuneration are paid to such person for performing services in
his or her capacity as a professional athlete.
(4) Professional entertainer.--The term ``professional
entertainer'' means a person who performs services in the
professional performing arts for wages or other remuneration on
a per-event basis, provided that the wages or other
remuneration are paid to such person for performing services in
his or her capacity as a professional entertainer.
(5) Certain public figures.--The term ``certain public
figures'' means persons of prominence who perform services for
wages or other remuneration on a per-event basis, provided that
the wages or other remuneration are paid to such person for
services provided at a discrete event, in the nature of a
speech, public appearance, or similar event.
(6) Employer.--The term ``employer'' has the meaning given
such term in section 3401(d) of the Internal Revenue Code of
1986 (26 U.S.C. 3401(d)), unless such term is defined by the
State in which the employee's employment duties are performed,
in which case the State's definition shall prevail.
(7) State.--The term ``State'' means any of the several
States.
(8) Time and attendance system.--The term ``time and
attendance system'' means a system in which--
(A) the employee is required on a contemporaneous
basis to record his work location for every day worked
outside of the State in which the employee's employment
duties are primarily performed; and
(B) the system is designed to allow the employer to
allocate the employee's wages for income tax purposes
among all States in which the employee performs
employment duties for such employer.
(9) Wages or other remuneration.--The term ``wages or other
remuneration'' may be limited by the State in which the
employment duties are performed.
SEC. 3. EFFECTIVE DATE; APPLICABILITY.
(a) Effective Date.--This Act shall take effect on January 1 of the
2d year that begins after the date of the enactment of this Act.
(b) Applicability.--This Act shall not apply to any tax obligation
that accrues before the effective date of this Act. | Mobile Workforce State Income Tax Simplification Act of 2012 - Prohibits the wages or other remuneration earned by an employee who performs employment duties in more than one state from being subject to income tax in any state other than: (1) the state of the employee's residence, and (2) the state within which the employee is present and performing employment duties for more than 30 days during the calendar year. Exempts employers from withholding of tax and information reporting requirements for employees not subject to income tax under this Act. Allows an employer, for purposes of determining penalties related to employer withholding or reporting requirements, to rely on an employee's annual determination of the time such employee will spend working in a state in the absence of fraud or collusion by such employee.
Exempts from the definition of "employee" for purposes of this Act professional athletes, professional entertainers, and public figures who are persons of prominence who perform services for wages or other remuneration on a per-event basis. | {"src": "billsum_train", "title": "A bill to limit the authority of States to tax certain income of employees for employment duties performed in other States."} | 1,271 | 221 | 0.691145 | 1.936411 | 0.875419 | 5.238095 | 6.037037 | 0.920635 |
SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE
DISTRICT OF COLUMBIA.
(a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled
``An Act to provide for the organization of the militia of the District
of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49-
409, D.C. Official Code), is amended by striking ``President of the
United States'' and inserting ``Mayor of the District of Columbia''.
(b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C.
Official Code) is amended by striking ``President of the United
States'' each place it appears and inserting ``Mayor of the District of
Columbia''.
(c) Appointment of Commissioned Officers.--(1) Section 7(a) of such
Act (sec. 49-301(a), D.C. Official Code) is amended--
(A) by striking ``President of the United States'' and
inserting ``Mayor of the District of Columbia''; and
(B) by striking ``President.'' and inserting ``Mayor.''.
(2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is
amended by striking ``President'' and inserting ``Mayor of the District
of Columbia''.
(3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is
amended by striking ``President of the United States'' and inserting
``Mayor of the District of Columbia''.
(4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``to the Secretary of
the Army'' and all that follows through ``which board'' and
inserting ``to a board of examination appointed by the
Commanding General, which''; and
(B) in subsection (b), by striking ``the Secretary of the
Army'' and all that follows through the period and inserting
``the Mayor of the District of Columbia, together with any
recommendations of the Commanding General.''.
(5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is
amended--
(A) by striking ``President of the United States'' each
place it appears and inserting ``Mayor of the District of
Columbia''; and
(B) by striking ``the President may retire'' and inserting
``the Mayor may retire''.
(d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C.
Official Code) is amended by striking ``, or for the United States
Marshal'' and all that follows through ``shall thereupon order'' and
inserting ``to order''.
(2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is
amended by striking ``the President'' and inserting ``the Mayor of the
District of Columbia''.
(e) General Courts Martial.--Section 51 of such Act (sec. 49-503,
D.C. Official Code) is amended by striking ``the President of the
United States'' and inserting ``the Mayor of the District of
Columbia''.
SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Failure to Satisfactorily Perform Prescribed Training.--Section
10148(b) of such title is amended by striking ``the commanding general
of the District of Columbia National Guard'' and inserting ``the Mayor
of the District of Columbia''.
(b) Appointment of Chief of National Guard Bureau.--Section
10502(a)(1) of such title is amended by striking ``the commanding
general of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''.
(c) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of
such title is amended by striking ``the commanding general of the
District of Columbia National Guard'' and inserting ``the Mayor of the
District of Columbia''.
(d) Other Senior National Guard Bureau Officers.--Section
10506(a)(1) of such title is amended by striking ``the commanding
general of the District of Columbia National Guard'' both places it
appears and inserting ``the Mayor of the District of Columbia''.
(e) Consent for Active Duty or Relocation.--(1) Section 12301 of
title 10, United States Code, is amended--
(A) in subsection (b), by striking ``commanding general of
the District of Columbia National Guard'' in the second
sentence and inserting ``Mayor of the District of Columbia'';
and
(B) in subsection (d), by striking ``governor or other
appropriate authority of the State concerned'' and inserting
``governor of the State (or, in the case of the District of
Columbia National Guard, the Mayor of the District of
Columbia)''.
(2) Section 12406 of such title is amended by striking ``the
commanding general of the National Guard of the District of Columbia''
and inserting ``the Mayor of the District of Columbia''.
(f) Consent for Relocation of Units.--Section 18238 of such title
is amended by striking ``the commanding general of the National Guard
of the District of Columbia'' and inserting ``the Mayor of the District
of Columbia''.
SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE.
(a) Maintenance of Other Troops.--Section 109(c) of title 32,
United States Code, is amended by striking ``(or commanding general in
the case of the District of Columbia)''.
(b) Drug Interdiction and Counter-Drug Activities.--Section
112(h)(2) of such title is amended by striking ``the Commanding General
of the National Guard of the District of Columbia'' and inserting ``the
Mayor of the District of Columbia''.
(c) Additional Assistance.--Section 113 of such title is amended by
adding at the end the following new subsection:
``(e) Inclusion of District of Columbia.--In this section, the term
`State' includes the District of Columbia.''.
(d) Appointment of Adjutant General.--Section 314 of such title is
amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(3) in subsection (b) (as so redesignated), by striking
``the commanding general of the District of Columbia National
Guard'' and inserting ``the Mayor of the District of
Columbia,''.
(e) Relief From National Guard Duty.--Section 325(a)(2)(B) of such
title is amended by striking ``the commanding general of the National
Guard of the District of Columbia'' and inserting ``the Mayor of the
District of Columbia''.
(f) Personnel Matters.--Section 505 of such title is amended by
striking ``commanding general of the National Guard of the District of
Columbia'' in the first sentence and inserting ``Mayor of the District
of Columbia''.
(g) National Guard Challenge Program.--Section 509 of such title is
amended--
(1) in subsection (c)(1), by striking ``the commanding
general of the District of Columbia National Guard, under which
the Governor or the commanding general'' and inserting ``the
Mayor of the District of Columbia, under which the Governor or
the Mayor'';
(2) in subsection (g)(2), by striking ``the commanding
general of the District of Columbia National Guard'' and
inserting ``the Mayor of the District of Columbia'';
(3) in subsection (j), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''; and
(4) in subsection (k), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''.
(h) Issuance of Supplies.--Section 702(a) of such title is amended
by striking ``commanding general of the National Guard of the District
of Columbia'' and inserting ``Mayor of the District of Columbia''.
(i) Appointment of Fiscal Officer.--Section 708(a) of such title is
amended by striking ``commanding general of the National Guard of the
District of Columbia'' and inserting ``Mayor of the District of
Columbia''.
SEC. 4. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT.
Section 602(b) of the District of Columbia Home Rule Act (sec. 1-
206.02(b), D.C. Official Code) is amended by striking ``the National
Guard of the District of Columbia,''. | Amends the District of Columbia Code to make the Mayor of the District of Columbia (currently, the President of the United States) the Commander-in-Chief of the militia of the District. Makes conforming amendments to the District of Columbia Home Rule Act and federal law regarding the Armed Forces and the National Guard. | {"src": "billsum_train", "title": "To extend to the Mayor of the District of Columbia the same authority with respect to the National Guard of the District of Columbia as the Governors of the several States exercise with respect to the National Guard of those States."} | 2,114 | 73 | 0.572551 | 1.363385 | 0.501819 | 3.540984 | 29.688525 | 0.852459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Investment, Innovation, and
Competition Preservation Act''.
SEC. 2. REQUIREMENTS FOR REGULATING INFORMATION SERVICES OR INTERNET
ACCESS SERVICES.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 12. REQUIREMENTS FOR REGULATING INFORMATION SERVICES OR INTERNET
ACCESS SERVICES.
``(a) Market and Cost-benefit Analysis Required.--
``(1) In general.--To the extent that the Commission has
the authority to regulate the rates, terms, conditions,
provisioning, or use of an information service or an Internet
access service, the Commission shall not regulate such rates,
terms, conditions, provisioning, or use unless--
``(A) the Commission first transmits a report to
Congress concluding that--
``(i) there is a market failure in the
provision of such information service or
Internet access service;
``(ii) there is substantial evidence that
the market failure is causing specific,
identified harm to consumers by preventing a
substantial number of consumers nationwide from
accessing a substantial amount of lawful
Internet content, applications, and services of
their choice on a continuing basis; and
``(iii) regulations are necessary to
ameliorate the specific, identified harm to
consumers resulting from the market failure;
``(B) in a notice of proposed rulemaking commenced
after the transmission of such report, the Commission--
``(i) proposes the specific text of the
regulation to be adopted to ameliorate such
specific, identified harm to consumers;
``(ii) conducts a cost-benefit analysis
determining that the benefit of such regulation
exceeds its costs; and
``(iii) explains how imposing such
regulation would not hinder ubiquitous
broadband availability consistent with the
national broadband plan that section 6001(k) of
the American Recovery and Reinvestment Act of
2009 (Public Law 111-5) requires the Commission
to issue;
``(C) in an order issued after such notice of
proposed rulemaking, the Commission publishes in the
Federal Register the specific language of a rule
codifying such regulation; and
``(D) the Commission complies with the transparency
requirements under subsection (d).
``(2) Consideration.--In conducting the cost-benefit
analysis under paragraph (1)(B)(ii), the Commission shall
consider the impacts of the regulation, including--
``(A) any cost of enforcement;
``(B) any disincentive to investment;
``(C) any detriment to innovation;
``(D) any harm to competition, such as to the
ability of providers of content, services, or
applications to differentiate their content, services,
or applications based on quality, offerings, or other
factors; and
``(E) any harm to efficiency, such as restricting
the ability of broadband network providers, service
providers, application providers, or content providers
to optimize their offering.
``(3) Required findings.--The Commission, in making the
determination under paragraph (1)(A) and in conducting the
cost-benefit analysis under paragraph (1)(B)(ii), shall--
``(A) define the relevant product market;
``(B) determine whether any entity has market power
in the relevant product market, taking into account
competition among and between broadband network
providers (including such providers using wireline,
cable, wireless, satellite, and broadband over power
line technologies), service providers, application
providers, and content providers;
``(C) conduct an economic analysis of whether any
such entity has the incentive and ability to exercise
such market power in a way that harms consumers and
that such entity could continue to profitably exercise
that market power; and
``(D) consider--
``(i) the available data on broadband
availability, including the broadband maps and
other information generated pursuant to the
Broadband Data Improvement Act (Public Law 110-
385) and the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5);
``(ii) the impact of the broadband stimulus
loans and grants issued pursuant to the
American Recovery and Reinvestment Act of 2009;
``(iii) the availability of access to the
information service or Internet access service
from 1 or more sources; and
``(iv) the ease of entry into the relevant
product market.
``(b) Least Restrictive Regulation Required; Network Management
Permitted.--If the Commission decides to regulate the rates, terms,
conditions, provisioning, or use of an information service or Internet
access service after meeting its obligation under subsection (a), the
Commission shall adopt a regulation that--
``(1) shall be the least restrictive necessary to address
the market failure and specific harm to consumers identified
under such subsection; and
``(2) shall not prohibit managed services, network
management to address congestion and quality of service, or
measures designed to prevent or deter unauthorized or illegal
activity, including copyright infringement.
``(c) Periodic Re-Evaluation Required.--
``(1) In general.--If the Commission regulates the rates,
terms, conditions, provisioning, or use of an information
service or Internet access service, the Commission shall
complete a proceeding in which the Commission shall reexamine
the regulation and shall determine whether--
``(A) the market failure identified in the report
under subsection (a)(1)(A) still exists;
``(B) the regulation is effectively ameliorating
the specific harm to consumers identified in such
report;
``(C) absent continuation of such regulation, such
specific, identified harm to consumers will return; and
``(D) the benefit of such regulation continues to
exceed its costs.
``(2) Deadline.--The Commission shall complete a proceeding
under paragraph (1) by the date that is 2 years after the
effective date of the regulation and not less than every 2
years thereafter for as long as such regulation remains in
effect.
``(3) Sunset.--Any regulation adopted pursuant to this
section shall be deemed to be repealed if the Commission fails
to determine that all of the conditions in subparagraphs (A)
through (D) of paragraph (1) still exist within the proceeding
deadline under paragraph (2).
``(d) Transparency Required.--The Commission shall not regulate the
rates, terms, conditions, provisioning, or use of an information
service or Internet access service unless the Commission complies with
the following:
``(1) Before transmitting a final report to Congress under
subsection (a)(1)(A), the Commission shall commence a notice of
inquiry to examine the issues required to be addressed in such
report and provide--
``(A) notice and an opportunity for comment on such
notice of inquiry to the public for a period of at
least 30 days;
``(B) public access to comments received under
subparagraph (A) on the Commission's Web site and a
period of at least 30 days for replies to such
comments;
``(C) to all Commissioners not less than 30 days
after the receipt of such replies under subparagraph
(B) to consider the record before the Commission
provides a draft of the report required under
subsection (a)(1)(A) to all Commissioners; and
``(D) at least 30 days to all Commissioners to
consider such draft report before the deadline for a
vote.
``(2) Before issuing an order under subsection (a)(1)(C),
the Commission shall provide--
``(A) notice and an opportunity for comment to the
public for a period of at least 30 days on the notice
of proposed rulemaking required under subsection
(a)(1)(B);
``(B) public access to comments received under
subparagraph (A) on the Commission's Web site and a
period of at least 30 days for replies to such
comments;
``(C) to all Commissioners, not less than 30 days
after the receipt of such replies under subparagraph
(B), a draft of the order to be issued pursuant to the
notice of proposed rulemaking; and
``(D) at least 30 days to Commissioners to consider
such draft before the deadline for a vote.
``(3) Before completing the proceeding required under
subsection (c), the Commission shall provide--
``(A) notice and an opportunity for comment to the
public for a period of at least 30 days on the
determinations made under the proceeding required by
such subsection;
``(B) public access to comments received under
subparagraph (A) on the Commission's Web site and a
period of at least 30 days for replies to such
comments;
``(C) to all Commissioners, not less than 30 days
after the receipt of such replies under subparagraph
(B), a draft of such determinations; and
``(D) at least 30 days to Commissioners to consider
such draft before the deadline for a vote.
``(e) Neutral Network Neutrality.--The Commission shall apply and
enforce any regulation governing the rates, terms, conditions,
provisioning, or use of an information service (including any
transmission component of an information service whether or not the
transmission component is offered for a fee directly to the public or
to such class of users as to be effectively available directly to the
public regardless of the facilities used) or an Internet access service
on a nondiscriminatory basis between and among broadband network
providers, service providers, application providers, and content
providers.
``(f) Enforcement.--If the Commission regulates the rates, terms,
conditions, provisioning, or use of an information service or an
Internet access service, such regulation may only be enforced against
an entity if the Commission determines, pursuant to a complaint filed
by a consumer, that the entity has engaged in conduct in violation of
that regulation and such conduct caused a specific and substantial harm
to that consumer.
``(g) Rules of Construction.--Nothing in this section shall be
construed to--
``(1) grant the Commission the authority to regulate
information services or Internet access services;
``(2) supersede, repeal, or negate any regulations
regarding information services or Internet access services that
were in effect on January 1, 2010, including any regulations
established pursuant to the Communications Assistance for Law
Enforcement Act (Public Law 103-414);
``(3) prohibit the Commission from adopting any regulation
it deems necessary to prevent damage to national security or
public safety or to assist or facilitate any actions taken by a
Federal or State law enforcement agency; or
``(4) mean that an Internet access service is not an
information service.''. | Internet Investment, Innovation, and Competition Preservation Act - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from regulating the rates, terms, conditions, provisioning, or use of an information service or an Internet access service unless: (1) there is a market failure in the provision of such service; (2) there is substantial evidence such failure is preventing a substantial number of consumers nationwide from accessing a substantial amount of lawful Internet content, applications, and services of their choice on a continuing basis; (3) regulations are necessary to ameliorate such consumer harm; and (4) the FCC has performed a cost-benefit analysis determining that the benefit of such regulation exceeds its costs.
Requires any FCC regulation to: (1) be the least restrictive necessary to address market failure and consumer harm; and (2) not prohibit network management from addressing quality of service or measures to prevent unauthorized or illegal activity, including copyright infringement.
Requires the FCC to enforce any such regulation on a nondiscriminatory basis between and among broadband network providers, service providers, application providers, and content providers. | {"src": "billsum_train", "title": "To prohibit the Federal Communications Commission from regulating information services or Internet access services absent a market failure, and for other purposes."} | 2,310 | 243 | 0.6748 | 1.833851 | 0.797856 | 4.784404 | 10.307339 | 0.96789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Affordability Act''.
SEC. 2. INTEREST RATE EXTENSION.
Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C.
1087e(b)(7)(D)) is amended--
(1) in the matter preceding clause (i), by striking ``and
before July 1, 2013,'' and inserting ``and before July 1,
2015,''; and
(2) in clause (v), by striking ``and before July 1, 2013,''
and inserting ``and before July 1, 2015,''.
SEC. 3. MODIFICATIONS OF REQUIRED DISTRIBUTION RULES FOR PENSION PLANS.
(a) In General.--Section 401(a)(9)(B) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(B) Required distributions where employee dies
before entire interest is distributed.--
``(i) 5-year general rule.--A trust shall
not constitute a qualified trust under this
section unless the plan provides that, if an
employee dies before the distribution of the
employee's interest (whether or not such
distribution has begun in accordance with
subparagraph (A)), the entire interest of the
employee will be distributed within 5 years
after the death of such employee.
``(ii) Exception for eligible designated
beneficiaries.--If--
``(I) any portion of the employee's
interest is payable to (or for the
benefit of) an eligible designated
beneficiary,
``(II) such portion will be
distributed (in accordance with
regulations) over the life of such
eligible designated beneficiary (or
over a period not extending beyond the
life expectancy of such beneficiary),
and
``(III) such distributions begin
not later than 1 year after the date of
the employee's death or such later date
as the Secretary may by regulations
prescribe,
then, for purposes of clause (i) and except as
provided in clause (iv) or subparagraph
(E)(iii), the portion referred to in subclause
(I) shall be treated as distributed on the date
on which such distributions begin.
``(iii) Special rule for surviving spouse
of employee.--If the eligible designated
beneficiary referred to in clause (ii)(I) is
the surviving spouse of the employee--
``(I) the date on which the
distributions are required to begin
under clause (ii)(III) shall not be
earlier than the date on which the
employee would have attained age 70\1/
2\, and
``(II) if the surviving spouse dies
before the distributions to such spouse
begin, this subparagraph shall be
applied as if the surviving spouse were
the employee.
``(iv) Rules upon death of eligible
designated beneficiary.--If an eligible
designated beneficiary dies before the portion
of an employee's interest described in clause
(ii) is entirely distributed, clause (ii) shall
not apply to any beneficiary of such eligible
designated beneficiary and the remainder of
such portion shall be distributed within 5
years after the death of such beneficiary.''.
(b) Definition of Eligible Designated Beneficiary.--Section
401(a)(9)(E) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(E) Definitions and rules relating to designated
beneficiary.--For purposes of this paragraph--
``(i) Designated beneficiary.--The term
`designated beneficiary' means any individual
designated as a beneficiary by the employee.
``(ii) Eligible designated beneficiary.--
The term `eligible designated beneficiary'
means, with respect to any employee, any
designated beneficiary who, as of the date of
death of the employee, is--
``(I) the surviving spouse of the
employee,
``(II) subject to clause (iii), a
child of the employee who has not
reached majority (within the meaning of
subparagraph (F)),
``(III) disabled (within the
meaning of section 72(m)(7)),
``(IV) a chronically ill individual
(within the meaning of section
7702B(c)(2), except that the
requirements of subparagraph (A)(i)
thereof shall only be treated as met if
there is a certification that, as of
such date, the period of inability
described in such subparagraph with
respect to the individual is an
indefinite one that is reasonably
expected to be lengthy in nature), or
``(V) an individual not described
in any of the preceding subparagraphs
who is not more than 10 years younger
than the employee.
``(iii) Special rule for children.--Subject
to subparagraph (F), an individual described in
clause (ii)(II) shall cease to be an eligible
designated beneficiary as of the date the
individual reaches majority and the requirement
of subparagraph (B)(i) shall not be treated as
met with respect to any remaining portion of an
employee's interest payable to the individual
unless such portion is distributed within 5
years after such date.''.
(c) Required Beginning Date.--Section 401(a)(9)(C) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
clause:
``(v) Employees becoming 5-percent owners
after age 70\1/2\.--If an employee becomes a 5-
percent owner (as defined in section 416) with
respect to a plan year ending in a calendar
year after the calendar year in which the
employee attains age 70\1/2\, then clause
(i)(II) shall be applied by substituting the
calendar year in which the employee became such
an owner for the calendar year in which the
employee retires.''.
(d) Effective Dates.--
(1) In general.--Except as provided in this subsection, the
amendments made by this section shall apply to distributions
with respect to employees who die after December 31, 2013.
(2) Required beginning date.--
(A) In general.--The amendment made by subsection
(c) shall apply to employees becoming a 5-percent owner
with respect to plan years ending in calendar years
beginning before, on, or after the date of the
enactment of this Act.
(B) Special rule.--If--
(i) an employee became a 5-percent owner
with respect to a plan year ending in a
calendar year which began before January 1,
2013, and
(ii) the employee has not retired before
calendar year 2014,
such employee shall be treated as having become a 5-
percent owner with respect to a plan year ending in
2013 for purposes of applying section 401(a)(9)(C)(v)
of the Internal Revenue Code of 1986 (as added by the
amendment made by subsection (c)).
(3) Exception for certain beneficiaries.--If a designated
beneficiary of an employee who dies before January 1, 2014,
dies after December 31, 2013--
(A) the amendments made by this section shall apply
to any beneficiary of such designated beneficiary, and
(B) the designated beneficiary shall be treated as
an eligible designated beneficiary for purposes of
applying section 401(a)(9)(B)(iv) of such Code (as in
effect after the amendments made by this section).
(4) Exception for certain existing annuity contracts.--
(A) In general.--The amendments made by this
section shall not apply to a qualified annuity which is
a binding annuity contract in effect on the date of the
enactment of this Act and at all times thereafter.
(B) Qualified annuity contract.--For purposes of
this paragraph, the term ``qualified annuity'' means,
with respect to an employee, an annuity--
(i) which is a commercial annuity (as
defined in section 3405(e)(6) of such Code) or
payable by a defined benefit plan,
(ii) under which the annuity payments are
substantially equal periodic payments (not less
frequently than annually) over the lives of
such employee and a designated beneficiary (or
over a period not extending beyond the life
expectancy of such employee or the life
expectancy of such employee and a designated
beneficiary) in accordance with the regulations
described in section 401(a)(9)(A)(ii) of such
Code (as in effect before such amendments) and
which meets the other requirements of this
section 401(a)(9) of such Code (as so in
effect) with respect to such payments, and
(iii) with respect to which--
(I) annuity payments to the
employee have begun before January 1,
2014, and the employee has made an
irrevocable election before such date
as to the method and amount of the
annuity payments to the employee or any
designated beneficiaries, or
(II) if subclause (I) does not
apply, the employee has made an
irrevocable election before the date of
the enactment of this Act as to the
method and amount of the annuity
payments to the employee or any
designated beneficiaries.
SEC. 4. LIMITATION ON EARNINGS STRIPPING BY EXPATRIATED ENTITIES.
(a) In General.--Subsection (j) of section 163 of the Internal
Revenue Code of 1986 is amended--
(1) by redesignating paragraph (9) as paragraph (10), and
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) Special rules for expatriated entities.--
``(A) In general.--In the case of a corporation to
which this subsection applies which is an expatriated
entity, this subsection shall apply to such corporation
with the following modifications:
``(i) Paragraph (2)(A) shall be applied
without regard to clause (ii) thereof.
``(ii) Paragraph (1)(B) shall be applied--
``(I) without regard to the
parenthetical, and
``(II) by substituting `in the 1st
succeeding taxable year and in the 2nd
through 10th succeeding taxable years
to the extent not previously taken into
account under this subparagraph' for
`in the succeeding taxable year'.
``(iii) Paragraph (2)(B) shall be applied--
``(I) without regard to clauses
(ii) and (iii), and
``(II) by substituting `25 percent
of the adjusted taxable income of the
corporation for such taxable year' for
the matter of clause (i)(II) thereof.
``(B) Expatriated entity.--For purposes of this
paragraph--
``(i) In general.--With respect to a
corporation and a taxable year, the term
`expatriated entity' has the meaning given such
term by section 7874(a)(2), determined as if
such section and the regulations under such
section as in effect on the first day of such
taxable year applied to all taxable years of
the corporation beginning after July 10, 1989.
``(ii) Exception for surrogates treated as
a domestic corporation.--The term `expatriated
entity' does not include a surrogate foreign
corporation which is treated as a domestic
corporation by reason of section 7874(b).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 5. MODIFICATIONS RELATED TO THE OIL SPILL LIABILITY TRUST FUND.
(a) Definition of Crude Oil.--Paragraph (1) of section 4612(a) of
the Internal Revenue Code of 1986 is amended to read as follows:
``(1) Crude oil.--The term `crude oil' includes crude oil
condensates, natural gasoline, any bitumen or bituminous
mixture, and any oil derived from a bitumen or bituminous
mixture.''.
(b) Removing Restrictions Relating to Oil Wells and Extraction
Methods.--Paragraph (2) of section 4612(a) of the Internal Revenue Code
of 1986 is amended by striking ``from a well located''.
(c) Permanent Extension of Oil Spill Liability Trust Fund Financing
Rate.--Section 4611(f) is amended by striking subsection (f).
(d) Clerical Amendment.--Subclause (I) of section 4612(e)(2)(B)(ii)
of the Internal Revenue Code of 1986 is amended by striking
``tranferred'' and inserting ``transferred''.
(e) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to crude oil and petroleum products received or entered
during calendar quarters beginning more than 60 days after the date of
the enactment of this Act.
SEC. 6. RESERVING RESULTING SURPLUSES FOR DEFICIT REDUCTION.
(a) Paygo Scorecard.--The budgetary effects of this Act shall not
be entered on either PAYGO scorecard maintained pursuant to section
4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)).
(b) Senate Paygo Scorecard.--The budgetary effects of this Act
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress). | Student Loan Affordability Act - Amends the Higher Education Act of 1965 to extend until June 30, 2015, existing interest rates for loans made to undergraduate students under the Federal Direct Stafford Loan program. Amends the Internal Revenue Code to modify rules for required distributions from tax-exempt pension plans to an employee who dies before such employee's entire interest is distributed to require such interest to be distributed within five years after the death of such employee, subject to exceptions for an eligible designated beneficiary and surviving spouse of such employee. Defines "eligible designated beneficiary" to include a disabled or chronically-ill individual. Exempts from such modification a binding annuity contract in effect on the enactment date of this Act. Amends the Internal Revenue Code to: (1) limit the deductibility of interest payments made by a corporation which is an expatriated entity to a related person; (2) expand the definition of "crude oil" for purposes of the excise tax on petroleum to include crude oil condensates, natural gasoline, any bitumen or bituminous mixture, and any oil derived from a bitumen or bituminous mixture; (3) eliminate the requirement that such crude oil be produced in a well located in the United States; and (4) make permanent the Oil Spill Liability Trust Fund financing rate. Exempts the budgetary effects of this Act from the requirements of specified PAYGO scorecards. | {"src": "billsum_train", "title": "Student Loan Affordability Act"} | 3,061 | 317 | 0.514584 | 1.695484 | 0.745046 | 2.888462 | 10.019231 | 0.834615 |
SECTION 1. TRANSFERS OF FUNDS.
Section 402(h) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232(h)) is amended to read as follows:
``(h) Transfers of Interest Earned by Fund.--
``(1) In general.--The Secretary shall, as of the beginning
of each fiscal year beginning on or after October 1, 2004, and
before making any allocation with respect to the fiscal year
under subsection (g), use an amount not to exceed the amount of
interest that the Secretary estimates will be earned and paid
to the fund during the fiscal year to make the transfers
described in paragraph (2).
``(2) Transfers described.--The transfers referred to in
paragraph (1) are the following:
``(A) United mine workers of america combined
benefit fund.--A transfer to the United Mine Workers of
America Combined Benefit Fund, in an amount equal to
the difference between--
``(i) the amount that the trustees of the
Combined Benefit Fund estimate will be expended
from the premium accounts maintained by the
Combined Benefit Fund for the fiscal year of
the fund in which the transfer is made; minus
``(ii) the amount the trustees of the
Combined Benefit Fund estimate the Combined
Benefit Fund will receive during such fiscal
year in required health benefit premiums.
``(B) United mine workers of america 1992 benefit
plan.--A transfer to the United Mine Workers of America
1992 Benefit Plan, in an amount equal to the difference
between--
``(i) the amount that the trustees of the
1992 Benefit Plan estimate will be expended
from the 1992 Benefit Plan during the next
calendar year to provide the benefits required
by the 1992 Benefit Plan on the date of
enactment of this subparagraph; minus
``(ii) the amount that the trustees of the
1992 Benefit Plan estimate the 1992 Benefit
Plan will receive during such calendar year in
required monthly per beneficiary premiums,
including the amount of any security provided
to the 1992 Benefit Plan that is available for
use in the provision of benefits.
``(C) Multiemployer health benefit plan.--A
transfer to the multiemployer health benefit plan
established after July 20, 1992, by the parties that
are the settlors of the 1992 Benefit Plan referred to
in subparagraph (B), in an amount equal to the
difference between--
``(i) the amount that the trustees of the
multiemployer health benefit plan estimate will
be expended from such plan during the next
calendar year, to provide benefits no greater
than those provided by such plan on the date of
enactment of this subparagraph; minus
``(ii) the amount of income that such
trustees estimate such plan will receive during
such calendar year.
``(3) Adjustment.--If, for any fiscal year, the amount of a
transfer under subparagraph (A), (B), or (C) of paragraph (2)
is more or less than the amount required to be transferred
under that subparagraph, the Secretary shall appropriately
adjust the amount transferred under that subparagraph for the
next fiscal year.
``(4) Additional amounts.--
``(A) Previously credited interest.--
Notwithstanding any other provision of law, any
interest credited to the fund that has not previously
been transferred to the Combined Benefit Fund referred
to in paragraph (2)(A) under this section shall be
used--
``(i) to transfer to the Combined Benefit
Fund such amounts as are estimated by the
trustees of the Combined Benefit Fund to offset
the amount of any deficit in net assets in the
Combined Benefit Fund; and
``(ii) to the extent any such interest
remains after the transfer under clause (i), to
make the transfers described in subparagraphs
(A), (B), and (C) of paragraph (2).
``(B) Previously allocated amounts.--All amounts
allocated under subsection (g)(2), including interest,
before the date of enactment of this subparagraph for
the program set forth under section 406, but not
appropriated prior to such date, shall be available to
the Secretary to make the transfers described in
paragraph (2).
``(5) Limitations.--
``(A) Availability of funds for next fiscal year.--
The Secretary may make transfers under subparagraphs
(B) and (C) of paragraph (2) for a fiscal year only if
the Secretary determines, using actuarial projections
provided by the trustees of the Combined Benefit Fund
referred to in paragraph (2)(A), that amounts will be
available under paragraph (1), after such transfer, for
the next fiscal year for making the transfer under
paragraph (2)(A).
``(B) Rate of contributions of obligors.--A
transfer under paragraph (2)(C) shall not be made for a
fiscal year unless the persons that are obligated to
contribute to the plan referred to in paragraph (2)(C)
on the date of the transfer are obligated to make such
contributions at rates that are no less than those in
effect on the date of enactment of this
subparagraph.''. | Amends the Surface Mining Control and Reclamation Act of 1977 to revise the statutory formula under which the Secretary of the Interior is required to transfer funds from the Abandoned Mine Reclamation Fund to: (1) United Mine Workers of America Combined Benefit Fund; (2) United Mine Workers of America 1992 Benefit Plan; and (3) the multiemployer health benefit plan established after July 1991, by the parties that are settlors of the 1992 Benefit Plan.
Prescribes guidelines for transfer by the Secretary of additional amounts of previously credited interest and previously allocated amounts. | {"src": "billsum_train", "title": "To amend the Surface Mining Control and Reclamation Act of 1977 to modify requirements relating to transfers from the Abandoned Mine Reclamation Fund, and for other purposes."} | 1,112 | 121 | 0.63259 | 1.86119 | 0.563936 | 3.247619 | 10.07619 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meat and Poultry Inspection
Accountability Act''.
SEC. 2. CIVIL PENALTIES FOR VIOLATION OF MEAT AND POULTRY INSPECTION
LAWS.
(a) Authority to Assess Penalties.--The Secretary of Agriculture
may assess, by written order, a civil penalty against a person who
violates the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.), including a
regulation promulgated or order issued under such Acts. Each violation,
and each day during which a violation continues, shall be a separate
offense.
(b) Amount and Factors in Assessing Penalties.--The maximum amount
that may be assessed under this section for a violation may not exceed
$100,000. In determining the amount of the civil penalty, the Secretary
of Agriculture shall take into account--
(1) the gravity of the violation;
(2) the degree of culpability;
(3) the size and type of the business; and
(4) any history of prior offenses under the Federal Meat
Inspection Act or the Poultry Products Inspection Act.
(c) Notice and Opportunity for Hearing.--The Secretary of
Agriculture shall not assess a civil penalty under this section against
a person unless the person is given notice and opportunity for a
hearing on the record before the Secretary in accordance with sections
554 and 556 of title 5, United States Code.
(d) Judicial Review.--
(1) Review.--An order assessing a civil penalty against a
person under subsection (a) may be reviewed only in accordance
with this subsection.
(2) Finality.--The order shall be final and conclusive
unless the person--
(A) not later than 30 days after the effective date
of the order, files a petition for judicial review in
the United States court of appeals for the circuit in
which the person resides or has its principal place of
business or in the United States Court of Appeals for
the District of Columbia; and
(B) simultaneously sends a copy of the petition by
certified mail to the Secretary.
(3) Filing.--The Secretary shall promptly file in the court
a certified copy of the record on which the violation was found
and the civil penalty assessed.
(e) Collection Action for Failure to Pay Assessment.--If a person
fails to pay a civil penalty after the order assessing the civil
penalty has become final and unappealable, the Secretary shall refer
the matter to the Attorney General, who shall bring a civil action to
recover the amount of the civil penalty in United States district
court. In the collection action, the validity and appropriateness of
the order of the Secretary of Agriculture imposing the civil penalty
shall not be subject to review.
(f) Refusal or Withdrawal of Inspection Pending Payment.--If a
person fails to pay the amount of a civil penalty after the order
assessing the civil penalty becomes final and unappealable, the
Secretary of Agriculture may refuse to provide or withdraw inspection
under title I of the Federal Meat Inspection Act or under the Poultry
Products Inspection Act, as the case may be, until the civil penalty is
paid or until the Secretary directs otherwise.
(g) Penalties in Lieu of Other Actions.--Nothing in the Federal
Meat Inspection Act or the Poultry Products Inspection Act requires the
Secretary of Agriculture to report for prosecution, or for the
institution of an action, a violation of such Act if the Secretary
believes that the public interest will be adequately served by
assessment of a civil penalty under this section.
(h) Additional Remedies.--The remedies provided in this section
shall be in addition to any other remedies that may be available.
(i) Person Defined.--In this section, the term ``person'' means any
individual, partnership, corporation, association, or other business
unit.
SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT; CIVIL PENALTIES REGARDING
MEAT AND POULTRY.
Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333) is amended by adding at the end the following subsection:
``(h)(1) Any person who violates section 301 with respect to meat
or poultry shall be liable to the United States for a civil penalty in
an amount not to exceed $100,000. In determining the amount of the
civil penalty, the Secretary shall take into account--
``(A) the gravity of the violation;
``(B) the degree of culpability;
``(C) the size and type of the business; and
``(D) any history of prior offenses under this Act with
respect to food.
``(2) Paragraphs (3) through (5) of subsection (g) apply with
respect to a civil penalty under this subsection to the same extent and
in the same manner as such paragraphs (3) through (5) apply with
respect to a civil penalty under subsection (g).''. | Meat and Poultry Inspection Accountability Act - Authorizes the Secretary of Agriculture to assess specified civil money penalties for violations of the Federal Meat Inspection Act or the Poultry Products Inspection Act.Amends the Federal Food, Drug, and Cosmetic Act to authorize civil money penalties for violations of provisions under such Act as they relate to meat and poultry. | {"src": "billsum_train", "title": "To expand the enforcement options under the Federal Meat Inspection Act and the Poultry Products Inspection Act to include the imposition of civil money penalties, and to amend the Federal Food, Drug, and Cosmetic Act to expand enforcement options to include such penalties with respect to meat and poultry."} | 1,139 | 76 | 0.536116 | 1.210582 | 0.617568 | 3.761905 | 15.984127 | 0.809524 |
TITLE I--SHORT TITLE
Sec. 101. This Act may be cited as the ``Protection and Reduction
of Government Secrecy Act''.
TITLE II--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY
purpose
Sec. 201. It is the purpose of this title to establish a study
commission which will examine the implications of the systematic
overclassification of information and to make recommendations to reduce
the volume of information classified and to strengthen the protection
of legitimately classified information.
findings
Sec. 202. (a) Following World War II the United States and the
Soviet Union engaged in a global conflict known as the Cold War;
(b) During the Cold War a secrecy system developed to enormous
proportions, thereby limiting the public's access to vital information
and reducing the ability of the public to participate with full
knowledge in the process of governmental decision-making;
(c) In 1990 6,797,720 documents were classified and approximately
three million persons held some form of security clearance;
(d) The burden of managing nearly 7 million newly classified
documents every year has led to reduced communication within the
government and within the scientific community, reduced communication
between the government and the people of the United States, tremendous
administrative expense and the selective and unauthorized public
disclosure of classified information;
(e) The requirement that approximately three million persons obtain
security clearances represents a substantial loss of individual privacy
which is inconsistent with American traditions;
(f) If a smaller amount of truly sensitive information was
classified expense, lost privacy and inhibitions on public discussion
would be reduced and the remaining classified information could be held
more securely;
(g) In 1970 a Task Force organized by the Defense Science Board and
headed by Dr. Frederick Seitz concluded that ``more might be gained
than lost if our Nation were to adopt--unilaterally, if necessary--a
policy of complete openness in all areas of information;'' and,
(h) A bipartisan study commission specially constituted for the
purpose of examining the consequences of the secrecy system will be
able to offer comprehensive proposals for reform.
function of the commission
Sec. 203. (a) The function of the Commission shall be--
(1) to conduct an investigation into all matters in any way
related to any legislation, executive order, regulation,
practice or procedure relating to the access to or the
classification of information or involving security clearances,
including without limitation access to classified information
under the Freedom of Information Act;
(2) to make such recommendations concerning the
classification of national security information as the
Commission shall see fit, including proposing new legislation.
composition of the commission
Sec. 204. (a) To carry out the purposes of this title, there is
established a Commission on the Protection and Reduction of Government
Secrecy (hereafter referred to in this title as the ``Commission'').
(b) The Commission shall be composed of the following twelve
members:
(1) four members appointed by the President, two from the
executive branch of the Government and two from private life;
(2) four members appointed by the President of the Senate,
two from the Senate (one from each of the two major political
parties) and two from private life; and
(3) four members appointed by the Speaker of the House of
Representatives, two from the House of Representatives (one
from each of the two major political parties) and two from
private life.
(c) The Commission shall elect a Chairman and a Vice Chairman from
among its members.
(d) Seven members of the Commission shall constitute a quorum. Any
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner in which the original appointment was made.
(e) Compensation and Travel Expenses.--
(1) Compensation in general.--Except as provided in
paragraph (2), each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of
basic pay in effect for grade GS-18 of the General Schedule
under section 5332 of title 5, United States Code, for each day
during which that member is engaged in the actual performance
of the duties of the Commission.
(2) Government personnel.--Members of the Commission who
are full-time officers or employees of the United States or
Members of Congress shall receive no additional pay on account
of their service on the Commission.
(3) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
powers of the commission
Sec. 205. (a) The Commission, or on the authorization of the
Commission, any subcommittee or member hereof, may, for the purpose of
carrying out the provisions of this title, hold such hearings and sit
and act at such times and places, administer such oaths, and require,
by subpoena or otherwise, the attendance and testimony of such
witnesses and the production of such books, records, correspondence,
memorandums, papers, and documents as the Commission or such
subcommittee or member may deem advisable. Subpoenas may be issued
under the signature of the Chairman of the Commission, of any such
subcommittee, or any designated member, and may be served by any person
designated by such Chairman or member. The provisions of sections 102
through 104 of the Revised Statutes of the United States (2 U.S.C. 192-
194) shall apply in the case of any failure of any witness to comply
with any subpena or to testify when summoned under authority of this
section.
(b) The Commission is authorized to secure directly from any
executive department, bureau, agency, board, commission, office,
independent establishment, or instrumentality information, suggestions,
estimates, and statistics for the purpose of this title. Each such
department, bureau, agency, board, commission, office, establishment,
or instrumentality is authorized and directed, to the extent authorized
by law, to furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request made by the
Chairman or Vice Chairman.
staff of the commission
Sec. 206. (a) The Commission shall have power to appoint and fix
the compensation of such personnel as it deems advisable, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates.
(b) The Commission is authorized to procure the services of experts
and consultants in accordance with section 3109 of title 5, United
States Code, but at rates not to exceed the daily rate paid a person
occupying a position at GS-18.
expenses of the commission
Sec. 207. There are authorized to be appropriated such sums as may
be necessary to carry out the provisions of this title. | Title I: Short Title
- Protection and Reduction of Government Secrecy Act - Sets forth the short title of this Act.
Title II: Commission on Protecting and Reducing Government Secrecy
- Establishes a commission to recommend ways to reduce the volume of information classified and to increase protection of classified information. Authorizes appropriations. | {"src": "billsum_train", "title": "Protection and Reduction of Government Secrecy Act"} | 1,528 | 80 | 0.475962 | 1.180545 | 1.027776 | 2.765625 | 22.828125 | 0.796875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Involvement Enhancement
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Research indicates that, regardless of economic,
ethnic, or cultural background, parental involvement in a
child's education is a major factor in determining success in
school.
(2) Parental involvement in a child's education contributes
to such positive outcomes as improved grades and test scores,
higher expectations for student achievement, better school
attendance, improved rates of homework completion and
graduation from secondary schools, decreased violence and
substance abuse, and higher rates of graduation from and
enrollment in postsecondary schools.
(3) According to the Department of Education study entitled
``Strong Families, Strong Schools'', in elementary schools
where parents were actively involved, the average fourth grade
reading scores were 17 points above the national average.
(4) According to the National Commission on Children, more
than 70 percent of students ages 10 to 13, and more than 50
percent of students ages 14 to 17, would like to talk to their
parents more about school and schoolwork.
(5) Ninety-five percent of parents strongly agree that
parental involvement is as important a factor as quality of
teachers in ensuring student success in school, and 69 percent
of parents believe that in order to improve public schools,
more opportunities for parental involvement are necessary.
(6) Of the 800 parents questioned under the National Parent
Teacher Association's 1998 survey of public school parents,
more than half stated that low levels of parental involvement
and the inability of schools to keep parents informed are
serious problems.
(7) Teachers rank strengthening parental roles in their
children's education as an important issue that should receive
the highest priority in the formulation of public education
policy over the next few years.
SEC. 3. GRANT PROGRAM.
(a) In General.--Title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding at the end
the following new part:
``PART G--PARENTAL INVOLVEMENT
``SEC. 1701. PARENTAL INVOLVEMENT GRANT PROGRAM.
``(a) In General.--In accordance with this section, the Secretary
may make grants to elementary schools or secondary schools to promote
the involvement of parents in the education of their children.
``(b) Use of Funds.--Each school receiving a grant under this
section may use the proceeds of such grant only--
``(1) for educational or outreach materials or resources
designed to increase parental involvement in their children's
education; or
``(2) to pay the salary or benefits of an individual who is
an eligible parent liaison as described in subsection (c).
``(c) Eligible Parent Liaisons.--For the purposes of this section,
an individual shall be an eligible parent liaison if the individual is
employed by the school to be a parent liaison and meets each of the
following criteria:
``(1) The individual holds a degree in social work,
counseling, psychology, human resources, or any other field
that the school considers relevant to performing the functions
described in paragraph (3).
``(2) The individual is bilingual or multilingual, if
appropriate for the needs of the school.
``(3) The individual is responsible for--
``(A) facilitating communication between the
school's teachers and the parents of the school's
students, especially parents who have limited English
proficiency;
``(B) if national or State tests or assessments are
conducted at the school, explaining to such parents how
such tests or assessments work and what the results
mean; and
``(C) if the school provides report cards,
explaining to such parents what such report cards mean.
``(4) The individual maintains a flexible schedule that
allows the individual to perform the functions described in
paragraph (3) while accommodating the needs of working parents.
``(d) Application.--
``(1) In general.--Each school seeking a grant under this
section shall submit to the Secretary an application that
includes--
``(A) a description of the school's student
population, including information on the socioeconomic
status and the English-speaking ability of the
students;
``(B) a plan describing how the school seeks to
increase parental involvement at the school, including
information on--
``(i) the number of eligible parent
liaisons the school plans to employ;
``(ii) the activities the school plans to
conduct to increase parental involvement; and
``(iii) the materials or resources that the
school plans to acquire to increase parental
involvement; and
``(C) a description of how the school will evaluate
the materials and resources acquired, and the success
of the activities carried out, with the grant.
``(2) Parental input.--Each application submitted under
this paragraph (including the plan described in paragraph
(1)(B)) shall be developed with the input of parents of
students at the school submitting the application.
``(e) Selection Criteria.--In making grants under this section, the
Secretary shall give preference--
``(1) to schools that have a large percentage of students
whose parents have limited English proficiency; and
``(2) to schools at which the involvement of parents in the
education of their children has traditionally been low.
``(f) Parental Involvement in Hiring Decisions.--As a condition of
the receipt of funds made available under this section, the Secretary
shall require that each school receiving such funds involve each of the
following when making a hiring decision with respect to an eligible
parent liaison hired with such funds:
``(1) The parents of the students at the school.
``(2) Any local parent organization active in the affairs
of the school.''.
(b) Authorization of Appropriations.--Section 1002 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is
amended by adding at the end the following new subsection:
``(h) Parental Involvement.--There is authorized to be appropriated
to carry out part G $100,000,000 for fiscal year 2002.''. | Parental Involvement Enhancement Act - Amends the Elementary and Secondary Education Act of 1965 to establish a Parental Involvement grant program. Authorizes the Secretary of Education to make such grants to elementary and secondary schools. Allows use of such grant funds only for: (1) educational or outreach materials or resources designed to increase parental involvement in their children's education; or (2) the salary or benefits of an individual who is an eligible parent liaison. Requires the Secretary, in making such grants, to give preference to: (1) schools with a large percentage of students whose parents have limited English proficiency; and (2) schools at which the involvement of parents in the education of their children has traditionally been low. Requires grantee schools to involve students' parents and parent organizations in hiring decisions regarding eligible parent liaisons. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to authorize a grant program to enhance parental involvement in elementary and secondary schools."} | 1,329 | 177 | 0.530879 | 1.455157 | 0.863065 | 4.166667 | 8.320513 | 0.923077 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Admiral Dennis C. Blair, then the Director of National
Intelligence, in testimony before the House Select Committee on
Intelligence on February 3, 2010, confirmed the policy of
including United States citizens on lists of people to be
assassinated maintained by the Central Intelligence Agency
(CIA) and the Joint Special Operations Command (JSOC), stating
that ``a decision to use lethal force against a U.S. citizen
must get special permission.''.
(2) The Obama administration publicly acknowledged that it
authorized the targeting of Anwar Al-Awlaki, a United States
citizen born in New Mexico who was accused of involvement in
terrorist organizations abroad, the first confirmed United
States citizen to be added to the CIA list of targets for
capture or killing.
(3) Anwar Al-Awlaqi and Samir Khan, 2 United States
citizens, were killed, without due process, by a United States
drone strike in Yemen on September 30, 2011.
(4) Abdul-Rahman Al-Awlaqi, a 16-year-old United States
citizen was killed, without due process, by a United States
drone strike in Yemen on October 14, 2011.
(5) United States Attorney General Eric Holder, Jr.,
recognized that the Department of Justice has successfully
prosecuted many terrorism defendants in Federal courts, stating
on Friday, November 13, 2009, that ``for over two hundred
years, our nation has relied on a faithful adherence to the
rule of law to bring criminals to justice . . . Once again we
will ask our legal system to rise to that challenge, and I am
confident it will answer the call with fairness and justice.''.
(6) The decision to use lethal force against United States
citizens abroad occurs absent congressional oversight, a
constitutionally guaranteed judicial process, or publicly
disclosed standards for inclusion on the United States
Government's ``high-value targets'' or ``high-value
individuals'' list.
(7) Executive Order 12333 (46 Fed. Reg. 59941; relating to
United States intelligence activities), issued by President
Ronald Reagan in 1981, stated, ``No person employed by or
acting on behalf of the United States Government shall engage
in, or conspire to engage in, assassination.''.
(8) Executive Order 11905 (41 Fed. Reg. 7703; relating to
United States foreign intelligence activities), issued by
President Gerald Ford in 1976, stated, ``No employee of the
United States Government shall engage in, or conspire to engage
in, political assassination.''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) due process of law is a fundamental right of the United
States Constitution, the United States has a commitment to
uphold and defend the rights included in the Bill of Rights,
and no United States citizen, regardless of location, should be
``deprived of life, liberty, property, without due process of
law'', as stated in article XIV of the Constitution;
(2) the participation in, or planning of activities, by the
United States Government that result in the extrajudicial
killing of a United States citizen undermines the rule of law
and the moral standing of the United States in the world;
(3) the United States and other responsible nations have a
vital interest in upholding the rule of law;
(4) the authority granted to the President in the
Authorization for Use of Military Force (50 U.S.C. 1541 note),
following the terrorist attacks of September 11, 2001, is not
limitless;
(5) the authority provided by the 2001 Authorization for
Use of Military Force has been used by the executive branch to
circumvent the role of Congress as a coequal branch of
Government, to justify holding prisoners indefinitely without
due process at Guantanamo Bay, for mass domestic spying on
United States citizens in violation of their most basic
constitutional rights, and using lethal force against United
States citizens abroad who are suspected of participating in
terrorist activities absent judicial review;
(6) the notion that the constitutional rights of one
citizen can be revoked to protect the constitutional rights of
other citizens should be rejected;
(7) the use of lethal force against a citizen of the United
States that is outside of the internationally recognized
battlefield of Afghanistan constitutes a violation of the law
of armed conflict; and
(8) it is in the best interest of the United States to
respect the rule of law and set the example for upholding the
principles of international and domestic law.
SEC. 3. PROHIBITION ON THE EXTRAJUDICIAL KILLING OF UNITED STATES
CITIZENS.
(a) Prohibition.--No one, including the President, may instruct a
person acting within the scope of employment with the United States
Government or an agent acting on behalf of the United States Government
to engage in, or conspire to engage in, the extrajudicial killing of a
United States citizen.
(b) Report on United States Citizens on Targeted Assassination
Lists.--Not later than 15 days after the date of the enactment of this
Act, the President shall submit to the congressional intelligence
committees a report on the identity of each United States citizen that
is on the list of the Joint Special Operations Command or the Central
Intelligence Agency as ``high-value individuals'' or ``high-value
targets''.
(c) Assurances to Congress.--Not later than 7 days after the date
of the enactment of this Act, the President shall submit to the
congressional intelligence committees a written assurance that no
United States citizens are being added to the list of the Joint Special
Operations Command or the Central Intelligence Agency as ``high-value
individuals'' or ``high-value targets''.
(d) Definitions.--In this section:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(B) the Select Committee on Intelligence of the
Senate.
(2) Extrajudicial killing.--The term ``extrajudicial
killing''--
(A) means a premeditated and intentional use of
lethal force against a United States citizen; and
(B) does not include--
(i) the use of lethal force against a
United States citizen after a trial and finding
of guilt for such citizen by an appropriate
tribunal consistent with due process of law;
(ii) the use of lethal force against a
United States citizen who is directly
participating in hostilities in a zone of
active armed conflict and the United States is
a party to such conflict; and
(iii) the use of lethal force against a
United States citizen that is authorized for
law enforcement personnel under certain
circumstances, including self-defense, defense
of others, and enabling the release of
hostages. | Expresses the sense of Congress with respect to the use of extrajudicial force against a citizen of the United States.
Prohibits anyone, including the President, from instructing an employee or an agent of the United States from engaging in, or conspiring to engage in, the extrajudicial killing of a U.S. citizen.
Requires the President to submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate: (1) a report on the identity of each U.S. citizen that is on the list of the Joint Special Operations Command or the Central Intelligence Agency (CIA) as a high value individual or a high value target, and (2) a written assurance that no U.S. citizens are being added to such list.
Defines "extrajudicial killing" to mean a premeditated and intentional use of lethal force against a U.S. citizen, but excludes from such definition the use of force in certain circumstances, including against a U.S. citizen whose guilt has been adjudicated consistent with due process of law, who is directly participating in hostilities in a zone of active armed conflict and the United States is a party to such conflict, or against whom force is required by law enforcement personnel for purposes of self defense, defense of others, or enabling the release of hostages. | {"src": "billsum_train", "title": "To prohibit the extrajudicial killing of United States citizens, and for other purposes."} | 1,504 | 304 | 0.507262 | 1.612855 | 0.721895 | 4.048387 | 5.697581 | 0.903226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bombing Prevention Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the number of criminal bombing incidents in the United
States has doubled since 1988;
(2) each year, hundreds of millions of pounds of explosives
are purchased without a permit being required;
(3) about one-third of the bombs used in crime in recent
years have contained black powder or smokeless powder as
filler;
(4) the terrorist bombing of the World Trade Center and Pan
Am Flight 103 and a series of bombings in western New York
State demonstrate the grave dangers of bomb attacks;
(5) effective regulation of interstate commerce in
explosives is possible only with changes in the regulatory
framework;
(6) explosive materials, by their nature, are composed of
numerous different substances, many of which have travelled in
interstate or foreign commerce; and
(7) the protection of the safety and property of the
citizenry, including the infrastructure vital to the conduct of
interstate and foreign commerce, requires more careful
regulation of explosives transactions.
TITLE I--GENERAL REFORMS
SEC. 101. PERMITS FOR PURCHASE OF EXPLOSIVES.
(a) In General.--Section 842 of title 18, United States Code, is
amended--
(1) by amending subparagraphs (A) and (B) of subsection
(a)(3) to read as follows:
``(A) to transport, ship, cause to be transported,
or receive any explosive materials; or
``(B) to distribute explosive materials to any
person other than a licensee or permittee.''; and
(2) in subsection (b)--
(A) by adding ``or'' at the end of paragraph (1);
(B) by striking ``; or'' at the end of paragraph
(2) and inserting a period; and
(C) by striking paragraph (3).
(b) Effective Date.--The amendments made by subsection (a) shall
apply to conduct engaged in after the 18-month period that begins with
the date of the enactment of this Act.
(c) Regulations.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of the Treasury shall
issue final regulations with respect to the amendments made by
subsection (a), which shall take effect 18 months after such
date of enactment.
(2) Notice to states.--On the issuance of regulations
pursuant to paragraph (1), the Secretary of the Treasury shall
notify the States of the regulations so that the States may
consider revising their explosives laws.
SEC. 102. LICENSES AND USER PERMITS.
Section 843(a) of title 18, United States Code, is amended--
(1) by inserting ``, including fingerprints and a
photograph of the applicant'' before the period at the end of
the 1st sentence; and
(2) by striking the 2nd sentence and inserting the
following: ``Each applicant for a license shall pay for each
license a fee established by the Secretary that shall not
exceed $300. Each applicant for a permit shall pay for each
permit a fee established by the Secretary that shall not exceed
$100.''.
SEC. 103. USE OF NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO
INVESTIGATE APPLICANTS FOR LICENSES AND PERMITS.
The Secretary of the Treasury may use the national instant criminal
background check system established under section 103 of the Brady
Handgun Violence Prevention Act to investigate each applicant for a
license or permit under chapter 40 of title 18, United States Code.
SEC. 104. REQUIREMENTS FOR PURCHASES OF BLACK POWDER AND SMOKELESS
POWDER.
(a) In General.--Section 845 of title 18, United States Code, is
amended--
(1) in subsection (a)(4), by striking ``and components
thereof'';
(2) in subsection (a)(5), by striking ``commercially
manufactured black powder in quantities not to exceed fifty
pounds,''; and
(3) by adding at the end the following:
``(c) Except in the case of section 842(f), and subsections (d),
(e), (f), (g), (h), and (i) of section 844, this chapter shall not
apply to commercially manufactured black powder or smokeless powder in
quantities not to exceed 5 pounds.''.
(b) Conforming Amendment.--Section 926 of such title is amended by
striking subsection (c).
SEC. 105. ENHANCED PENALTIES.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall promulgate
amendments to the sentencing guidelines to appropriately enhance the
penalties for a violation of any provision of chapter 40 of title 18,
United States Code, the penalties for which are not as severe as the
penalties for a comparable violation of chapter 44 of such title 18, so
that the penalties for the violation of the provision of such chapter
40 are the same as the penalties for a comparable violation of such
chapter 44.
SEC. 106. DESTRUCTION OF SEIZED EXPLOSIVES THAT ARE UNSAFE.
Section 844(c) of title 18, United States Code, is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding after and below the end the following:
``(2) Notwithstanding paragraph (1), in the case of the seizure of
any explosive materials for any offense for which the materials would
be subject to forfeiture in which it would be impracticable or unsafe
to remove the materials to a place of storage or would be unsafe to
store them, the seizing officer may destroy the explosive materials
forthwith. Any destruction under this paragraph shall be in the
presence of at least 1 credible witness. The seizing officer shall make
a report of the seizure and take such samples as the Secretary may by
regulation prescribe.
``(3) Within 60 days after any destruction of property pursuant to
paragraph (2), the owner of (including any person having an interest
in) the property may apply to the Secretary for reimbursement of an
amount equal to the fair market value of the property. If the claimant
establishes to the satisfaction of the Secretary that the seizure was
wrongful, the Secretary shall make an allowance to the claimant not
exceeding the fair market value of the property destroyed.''.
SEC. 107. FORFEITURE OF INSTRUMENTALITIES OF EXPLOSIVES OFFENSES.
(a) Civil Forfeiture.--Section 981(a)(1) of title 18, United States
Code, is amended by adding at the end the following:
``(G) Any property, real or personal, involved in a
violation of chapter 40 (relating to importation, manufacture,
distribution, and storage of explosive materials), or in a
conspiracy to commit such a violation, and any other property
traceable to such property.''.
(b) Criminal Forfeiture.--Section 982(a) of such title is amended
by inserting the following:
``(6) The court, in imposing a sentence on a person convicted of a
violation of chapter 40 or of conspiring to commit such a violation,
shall order the person to forfeit to the United States any property,
real or personal, involved in the violation or in the conspiracy, and
any other property traceable to such property.''.
TITLE II--PLASTIC EXPLOSIVES
SEC. 201. DEFINITIONS.
Section 841 of title 18, United States Code, is amended by adding
at the end the following:
``(o) `Convention on the Marking of Plastic Explosives' means the
Convention on the Marking of Plastic Explosives for the purpose of
Detection, done at Montreal on March 1, 1991.
``(p) `Detection agent' means any substance specified or referred
to in this subsection if introduced into a plastic explosive or
formulated in such explosive as a part of the manufacturing process in
such a manner as to achieve homogeneous distribution in the finished
explosive, including--
``(1) Ethylene glycol dinitrate
(EGDN),C<INF>2H<INF>4(NO<INF>3)<INF>2, molecular weight 152,
when the minimum concentration in the finished explosive is 0.2
percent by mass;
``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176, when the
minimum concentration in the finished explosive is 0.1 percent
by mass;
``(3) Para-Mononitrotoluene (p-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum
concentration in the finished explosive is 0.5 percent by mass;
``(4) Ortho-Mononitrotoluene (o-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum
concentration in the finished explosive is 0.5 percent by mass;
and
``(5) any other substance in the concentration specified by
the Secretary, after consultation with the Secretary of State
and the Secretary of Defense, which has been added to the table
in part 2 of the Technical Annex to the Convention on the
Marking of Plastic Explosives.
``(q) `Plastic explosive' means an explosive material in flexible
or elastic sheet form formulated with 1 or more high explosives which
in their pure form have a vapor pressure less than 10<SUP>-4 Pascals at
a temperature of 25 deg. Celsius, is formulated with a binder material,
and is as a mixture malleable or flexible at normal room
temperature.''.
SEC. 202. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.
Section 842 of title 18, United States Code, is amended by adding
at the end the following:
``(l) It shall be unlawful for any person to manufacture any
plastic explosive which does not contain a detection agent.
``(m)(1) It shall be unlawful for any person to import or bring
into the United States, or export from the United States, any plastic
explosive which does not contain a detection agent.
``(2) Paragraph (1) shall not apply to the importation or bringing
into the United States, or the exportation from the United States, of
any plastic explosive which was imported, brought into, or manufactured
in the United States before the effective date of this subsection by or
on behalf of any agency of the United States performing military or
police functions (including any military reserve component) or acting
on behalf of the National Guard of any State, not later than 15 years
after the date of entry into force of the Convention on the Marking of
Plastic Explosives, with respect to the United States.
``(n)(1) It shall be unlawful for any person to ship, transport,
transfer, receive, or possess any plastic explosive which does not
contain a detection agent.
``(2) Paragraph (1) shall not apply to--
``(A) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive which was imported, brought
into, or manufactured in the United States before the effective
date of this subsection by any person during a period not
exceeding 3 years after such effective date; or
``(B) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive, which was imported,
brought into, or manufactured in the United States before the
effective date of this subsection by or on behalf of any agency
of the United States performing a military or police function
(including any military reserve component) or by or on behalf
of the National Guard of any State, not later than 15 years
after the date of entry into force of the Convention on the
Marking of Plastic Explosives, with respect to the United
States.
``(o) It shall be unlawful for any person, other than an agency of
the United States (including any military reserve component) or the
National Guard of any State, possessing any plastic explosive on the
effective date of this subsection to fail to report to the Secretary
within 120 days after the effective date of this subsection the
quantity of such explosives possessed, the manufacturer or importer,
any marks of identification on such explosives, and such other
information as the Secretary may by regulations prescribe.''.
SEC. 203. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is amended to read
as follows:
``(a) Any person who violates subsections (a) through (i) or (l)
through (n) of section 842 shall be fined under this title, imprisoned
not more than 10 years, or both.''.
SEC. 204. EXCEPTIONS.
Section 845 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(l), (m), (n), and (o) of
section 842 and subsections'' after ``subsections'';
and
(B) in paragraph (1), by inserting ``and which
pertains to safety'' before the semicolon; and
(2) by adding at the end the following:
``(c)(1) It is an affirmative defense against any proceeding
involving subsection (l), (m), (n), or (o) of section 842 if the
defendant proves by a preponderance of the evidence that the plastic
explosive--
``(A) consisted of a small amount of plastic explosive
intended for and utilized solely in lawful--
``(i) research, development, or testing of new or
modified explosive materials;
``(ii) training in explosives detection or
development or testing of explosives detection
equipment; or
``(iii) forensic science purposes; or
``(B) was plastic explosive which, within 3 years after the
date of entry into force of the Convention on the Marking of
Plastic Explosives, with respect to the United States, will be
or is incorporated in a military device within the territory of
the United States and remains an integral part of such military
device, or is intended to be, or is incorporated in, and
remains an integral part of a military device that is intended
to become, or has become, the property of any agency of the
United States performing military or police functions
(including any military reserve component) or the National
Guard of any State, wherever such device is located.
``(2) For purposes of paragraph (1), the term `military device'
includes shells, bombs, projectiles, mines, missiles, rockets, shaped
charges, grenades, perforators, and similar devices lawfully
manufactured exclusively for military or police purposes.''.
SEC. 205. INVESTIGATIVE AUTHORITY.
Section 846 of title 18, United States Code, is amended--
(1) by inserting ``(a)'' before ``The'';
(2) in the last sentence, by inserting ``subsection (m) or
(n) of section 842 or'' before ``subsection''; and
(3) by adding after and below the end the following:
``(b) The Attorney General shall exercise authority over violations
of subsections (m) or (n) of section 842 only when they are committed
by a member of a terrorist or revolutionary group. In any matter
involving a terrorist or revolutionary group or individual, as
determined by the Attorney General, the Attorney General shall have
primary investigative responsibility and the Secretary shall assist the
Attorney General as requested.''.
SEC. 206. EFFECTIVE DATE.
The amendments made by this title shall take effect 1 year after
the date of the enactment of this Act. | Bombing Prevention Act -
Title I: General Reforms
- Amends the Federal criminal code to prohibit the transport, shipment, or receipt of explosive materials without a permit or the distribution of explosive materials to anyone other than a licensee or permittee.
Directs the Secretary of the Treasury to notify the States of the regulations so that they may consider revising their explosives laws.
(Sec. 102) Requires applicants for licenses and user permits to import, manufacture, or deal in explosive materials to provide fingerprints and a photograph. Sets fees of up to $200 for an applicant for a license and up to $100 for an applicant for a permit. (Currently, the fee is up to $200 for each license or permit.)
(Sec. 103) Authorizes the Secretary to use the national instant criminal background check system established under the Brady Handgun Violence Prevention Act to investigate applicants for licenses or permits.
(Sec. 104) Repeals exceptions from specified explosive materials requirements with respect to components of small arms ammunition and small quantities of black powder or smokeless powder.
(Sec. 105) Directs the U.S. Sentencing Commission to promulgate amendments to the sentencing guidelines to appropriately enhance the penalties for violations of Federal explosive materials provisions so that such penalties are the same as those for comparable violations of Federal firearms laws.
(Sec. 106) Permits: (1) the destruction of seized explosives that are unsafe under specified circumstances; and (2) the owner to apply to the Secretary for reimbursement of any destroyed property where the claimant establishes that the seizure was wrongful.
(Sec. 107) Subjects to civil forfeiture (with exceptions) any property involved in a violation of explosive materials provisions, or in a conspiracy to commit such a violation, and any other property traceable to such property.
Directs the court to order a person convicted of a violation of Federal explosive materials provisions or of conspiring to commit such a violation to forfeit any property involved and any traceable property.
Title II: Plastic Explosives
- Prohibits the manufacture, import, export, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent (with exceptions). Authorizes the Secretary to investigate violations. Directs the Attorney General to exercise authority over such violations only when they are committed by a member of a terrorist or revolutionary group (in which case the Attorney General shall have primary investigative responsibility and the Secretary shall assist as requested).
Prohibits any person possessing any plastic explosive, other than an agency of the United States or the National Guard of any State, from failing to report to the Secretary the quantity of such explosive possessed, the manufacturer or importer, and any identifying marks on such explosives.
(Sec. 203) Provides for a fine and up to ten years' imprisonment for violations of Federal explosive materials laws.
(Sec. 204) Sets forth affirmative defenses for Federal explosive materials laws. | {"src": "billsum_train", "title": "Bombing Prevention Act"} | 3,638 | 660 | 0.519405 | 1.799283 | 0.630797 | 3.184801 | 5.552677 | 0.8981 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``KC-Tanker
Recompete Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. KC-X Tanker contract.
Sec. 3. Independent cost estimate.
Sec. 4. Requirement to offset illegal subsidization to foreign persons
participating in KC-135 replacement
competition.
Sec. 5. Ensuring fair competition.
Sec. 6. National security considerations.
Sec. 7. Industrial base considerations.
Sec. 8. Loss of employee tax revenue.
Sec. 9. Loss of corporate tax revenue.
Sec. 10. Regulatory burden.
Sec. 11. Foreign Corrupt Practices Act.
Sec. 12. Covered contractor definition.
Sec. 13. Report.
SEC. 2. KC-X TANKER CONTRACT.
(a) Prohibition.--No funds may be used by the Department of Defense
on the KC-X tanker contract. In this subsection, the term ``KC-X tanker
contract'' means the contract awarded by the Department of the Air
Force on February 29, 2008, for the next generation air-refueling
tanker aircraft.
(b) Replacement.--If the Department of the Air Force chooses not to
exercise its authority to award a new contract for the KC-X tanker to
the bidder whose protest of the February 29, 2008, award was sustained
by the Government Accountability Office on June 18, 2008, the Secretary
of Defense, using competitive procedures, shall award a contract for a
replacement for the KC-135 tanker. Such funds as may be necessary are
authorized to conduct the competition for such contract.
SEC. 3. INDEPENDENT COST ESTIMATE.
As part of the acquisition process for the award of a contract for
a replacement for the KC-135 tanker, as required by section 2(b), the
Secretary of Defense and the source selection authority shall ensure
that an independent cost estimate is completed. The cost estimate shall
include an estimate of--
(1) all costs borne by the suppliers;
(2) all costs borne by foreign governments;
(3) all costs borne by domestic suppliers (if the proposal
involves any domestic suppliers); and
(4) all costs covered by cost accounting standards under
the Federal Acquisition Regulation.
SEC. 4. REQUIREMENT TO OFFSET ILLEGAL SUBSIDIZATION TO FOREIGN PERSONS
PARTICIPATING IN KC-135 REPLACEMENT COMPETITION.
(a) Requirement.--As part of the acquisition process for the award
of a contract for a replacement of the KC-135 tanker, as required by
section 2(b), the Secretary of Defense shall, in conducting the cost or
price evaluation of any proposal submitted by a subsidized person,
increase the cost or price of the proposal by the amount of illegal
subsidization.
(b) Illegal Subsidization.--For purposes of subsection (a), the
amount of illegal subsidization with respect to a proposal submitted by
a subsidized person is the amount of the illegal subsidy referred to in
subsection (c), as determined jointly by the Secretary of Commerce and
the United States Trade Representative after receipt of a request from
the Secretary of Defense for such a determination.
(c) Subsidized Persons.--With respect to any proposal submitted to
the Department of Defense for a contract for a replacement of the KC-
135 tanker, a subsidized person is any of the following:
(1) Foreign person.--A foreign person to which the
government of a foreign country that is a member of the World
Trade Organization has provided a subsidy for the tanker if--
(A) the United States has requested consultations
with that foreign country under the Agreement on
Subsidies and Countervailing Measures on the basis that
the subsidy is an illegal subsidy under that Agreement;
and
(B) the World Trade Organization has ruled that the
subsidy provided by the foreign country is an illegal
subsidy under the Agreement on Subsidies and
Countervailing Measures.
(2) Joint ventures.--Any joint venture, cooperative
organization, partnership, or contracting team of which a
foreign person described in paragraph (1) is a member.
(3) Subcontracts.--Any person proposing to use a foreign
person described in paragraph (1) or an entity described in
paragraph (2) as a subcontractor in performing the contract for
which the proposal is submitted.
(d) Definitions.--In this section:
(1) The term ``Agreement on Subsidies and Countervailing
Measures'' means the agreement described in section 101(d)(12)
of the Uruguay Round Agreements Act (19 U.S.C. 3501(d)(12)).
(2) The term ``illegal subsidy'' means a prohibited subsidy
or an actionable subsidy under the Agreement on Subsidies and
Countervailing Measures.
(3) The term ``foreign person'' means--
(A) an individual who is not a United States person
or an alien lawfully admitted for permanent residence
into the United States; or
(B) a corporation, partnership, or other
nongovernmental entity which is not a United States
person.
(4) The term ``United States person'' means--
(A) a natural person who is a citizen of the United
States or who owes permanent allegiance to the United
States; and
(B) a corporation or other legal entity which is
organized under the laws of the United States, any
State or territory thereof, or the District of
Columbia, if natural persons described in subparagraph
(A) own, directly or indirectly, more than 50 percent
of the outstanding capital stock or other beneficial
interest in such legal entity.
(5) The term ``cost or price evaluation'' means an
evaluation conducted by a source selection authority pursuant
to subpart 15.305(a)(1) of the Federal Acquisition Regulation.
SEC. 5. ENSURING FAIR COMPETITION.
As part of the acquisition process for the award of a contract for
a replacement for the KC-135 tanker, as required by section 2(b), the
Secretary of Defense and the source selection authority shall ensure
that any covered contractor, foreign or domestic, for the contract, as
part of the cost criteria, is evaluated both on the cost borne by the
supplier and any cost borne by a foreign government that is not borne
by a government (local, State, or Federal) in the United States. The
costs considered in the evaluation shall be consistent with the costs
estimated in the independent cost estimate completed pursuant to
section 3.
SEC. 6. NATIONAL SECURITY CONSIDERATIONS.
As part of the acquisition process for the award of a contract for
a replacement for the KC-135 tanker, as required by section 2(b), it is
the responsibility of the Department of Defense to take into
consideration the national security impacts, the industrial base
impacts, and the economic impact to the United States of awarding
contracts for critical capabilities to foreign entities.
SEC. 7. INDUSTRIAL BASE CONSIDERATIONS.
As part of the acquisition process for the award of a contract for
a replacement for the KC-135 tanker, as required by section 2(b), it is
the responsibility of the Department of Defense to take into
consideration the industrial base impacts and the economic impact to
the United States of awarding contracts involving critical jobs to
foreign entities.
SEC. 8. LOSS OF EMPLOYEE TAX REVENUE.
As part of the acquisition process for the award of a contract for
a replacement for the KC-135 tanker, as required by section 2(b), it is
the responsibility of the Department of Defense to take into
consideration the impact of lost personal income tax revenues to the
United States, as a result of awarding defense contracts to foreign
entities.
SEC. 9. LOSS OF CORPORATE TAX REVENUE.
As part of the acquisition process for the award of a contract for
a replacement for the KC-135 tanker, as required by section 2(b), it is
the responsibility of the Department of Defense to take into
consideration the impact of lost corporate tax revenues to the United
States, as a result of awarding defense contracts to foreign entities.
SEC. 10. REGULATORY BURDEN.
As part of the acquisition process for the award of a contract for
a replacement for the KC-135 tanker, as required by section 2(b), it is
the responsibility of the Department of Defense to take into
consideration the impact of all regulations waived or that are not
applicable with respect to foreign entities. These regulations include
cost accounting standards, Buy America provisions, specialty metal
provisions, the Foreign Corrupt Practices Acts, and compliance with the
International Traffic in Arms Regulation.
SEC. 11. FOREIGN CORRUPT PRACTICES ACT.
(a) Condition for Prospective Award of Contract.--
(1) In general.--As part of the acquisition process for the
award of a contract for a replacement for the KC-135 tanker, as
required by section 2(b), the Secretary of Defense and the
source selection authority shall require that any contractor or
subcontractor described in paragraph (2) that is not already
covered by the Foreign Corrupt Practices Act shall be required,
as a condition of the contract, to comply with the requirements
of such Act.
(2) Contractor and subcontractors described.--A contractor
or subcontractor described in this paragraph is any of the
following:
(A) A prospective defense contractor that is part
of an internationally controlled group of entities.
(B) A prospective subcontractor that is part of an
internationally controlled group of entities, provided
that the subcontractor is at the second tier or higher
and is to be used by the prospective defense contractor
(as described in subparagraph (A)) to perform the
contract.
(b) Compliance Program.--
(1) In general.--With respect to compliance with the
Foreign Corrupt Practices Act, the Secretary of Defense shall
require that all contractors and subcontractors described in
subsection (a)(2) have a compliance program and certify in
writing that they have completed an audit of that compliance
program.
(2) Debarment.--
(A) In general.--Any contractor described in
subsection (a)(2) that engages in conduct that violates
the requirements of the Foreign Corrupt Practices Act
or any similar applicable laws in foreign countries
shall be debarred from contracting with the Department
of Defense.
(B) Period of debarment.--The period of debarment
under subparagraph (A) shall be at least 3 years.
(c) National Security Waiver Authority.--
(1) In general.--The Secretary of Defense may waive the
applicability of subsections (a) and (b) in specific instances
if the Secretary determines that the waiver is necessary in the
national security interests of the United States.
(2) Non-delegation.--The Secretary of Defense may not
delegate the waiver authority under paragraph (1).
(3) Notification.--Upon issuing a waiver under paragraph
(1), the Secretary of Defense shall notify the appropriate
Congressional committees in writing not later than 30 days
after issuing such waiver.
(d) Definitions.--In this section:
(1) Foreign corrupt practices act.--The term ``Foreign
Corrupt Practices Act'' means--
(A) section 30A of the Securities Exchange Act of
1934 (15 U.S.C. 78dd-1); and
(B) sections 104 and 104A of the Foreign Corrupt
Practices Act of 1977 (15 U.S.C. 78dd-2).
(2) Internationally controlled group of entities.--The term
``internationally controlled group of entities'' means a
controlled group of entities the common parent of which is a
company organized under the laws of a foreign government and to
which the Foreign Corrupt Practices Act does not, by its
jurisdictional terms, apply.
(3) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate.
SEC. 12. COVERED CONTRACTOR DEFINITION.
In this Act, the term ``covered contractor'', with respect to a
prime contract of the Department of Defense, means any of the
following:
(1) Contractor and subsidiaries and affiliates.--
(A) Any prospective contractor making an offer for
the contract.
(B) The contractor awarded the contract.
(C) Any subsidiary or affiliate of the contractor
awarded the contract.
(2) Subcontractors and subsidiaries and affiliates.--
(A) Any subcontractor of a contractor described in
paragraph (1)(B) that is at the second tier or higher
and is to be used by the contractor in the performance
of the contract.
(B) Any subsidiary or affiliate of any such
subcontractor.
SEC. 13. REPORT.
(a) Report Requirement.--The Secretary of Defense shall submit to
the congressional defense committees a report on compliance by the
Department of Defense with the provisions of this Act during the
acquisition process for the award of a contract for a replacement for
the KC-135 tanker, as required by section 2(b).
(b) Deadline.--The report shall be submitted no later than the date
of award of such contract.
(c) Congressional Defense Committees.--In this section, the term
``congressional defense committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives. | KC-Tanker Recompete Act - Prohibits funds from being used by the Department of Defense (DOD) on the KC-X (aerial refueling) tanker contract. Defines such contract as the contract awarded by the Department of the Air Force on February 29, 2008, for such aircraft.
Outlines requirements and conditions as part of the acquisition process for the award of a contract for a replacement for the KC-135 tanker, including: (1) an independent cost estimate; (2) an increase in the proposal cost or price by the amount of any illegal subsidization by a subsidized person; (3) ensuring an evaluation of the cost borne by a supplier and the cost borne by a foreign government; (4) the consideration of national security impacts; (5) defense industrial base considerations; (6) consideration of the loss of U.S. employee and corporate tax revenue when awarding contracts to foreign entities; and (7) the impact of U.S. regulatory burdens.
Directs the Secretary of Defense and the contract source selection authority to require any prospective defense contractor or subcontractor not already covered by the Foreign Corrupt Practices Act to comply with such Act's requirements as a contract award condition. Allows a waiver of such requirement for national security purposes. | {"src": "billsum_train", "title": "A bill to prohibit the use of funds by the Department of Defense on the KC-X tanker contract, and for other purposes related to that contract."} | 3,074 | 278 | 0.697093 | 2.283376 | 0.968816 | 3.609244 | 11.462185 | 0.936975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hudson River Artists National
Historical Park Act of 1993''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Hudson river artists.--The term ``Hudson River
artists'' means artists who belonged to the Hudson River School
of Landscape Painting described in section 3(a)(1).
(2) Hudson river valley region.--The term ``Hudson River
Valley region'' means the counties of Albany, Columbia,
Dutchess, Greene, Orange, Saratoga, Putnam, Rockland, Ulster,
Rensselaer, Washington, Bronx, New York, and Westchester in the
State of New York.
(3) Park.--The term ``Park'' means the Hudson River Artists
National Historical Park established pursuant to section 4(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Site.--The term ``Site'' means the Thomas Cole National
Historic Site established by section 4(a).
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Hudson River School of Landscape Painting was
inspired by Thomas Cole and was characterized by a group of
19th century landscape artists who recorded and celebrated the
landscape and wilderness of America, particularly the Hudson
River Valley region in the State of New York;
(2) Thomas Cole and his student Frederic Church have been
recognized as America's most prominent landscape and
allegorical painters in the mid-19th century;
(3) the Thomas Cole House in Greene County, New York, and
the Olana State Historic Site, in the home and studio of
Frederic Church in Columbia County, New York, are listed on the
National Register of Historic Places and are designated as
National Historic Landmarks;
(4) within a 15-mile area of the Thomas Cole House, an area
that forms a key part of the rich cultural and natural heritage
in the Hudson River Valley region, significant landscapes and
scenes painted by the Hudson River artists survive intact;
(5) collectively, these resources described in paragraphs
(3) and (4) provide--
(A) opportunities for illustrating and interpreting
cultural themes of the heritage of the United States;
and
(B) unique opportunities for education, public use,
and enjoyment; and
(6) New York State has established the Hudson River Valley
Greenway to promote the preservation, public use, and enjoyment
of the natural and cultural resources of the Hudson River
Valley region.
(b) Purposes.--The purposes of this Act are--
(1) to preserve and interpret for the benefit, inspiration,
and education of the people of the United States significant
places illustrative and representative of the legacy of the
Hudson River artists;
(2) to help maintain the integrity of setting in the Hudson
River Valley region that inspired artistic expression;
(3) through cooperative management, to coordinate the
interpretive, preservation, and recreational efforts of
Federal, State, and other entities in the Hudson River Valley
region in order to enhance opportunities for education, public
use, and enjoyment; and
(4) to broaden public understanding of the Hudson River
Valley region and its role in American prehistory, history, and
culture.
SEC. 4. ESTABLISHMENT OF SITE AND PARK.
(a) Thomas Cole National Historic Site.--There is established, as a
unit of the National Park System, the Thomas Cole National Historic
Site--
(1) consisting of the home and studio of Thomas Cole, which
is comprised of the 3.4 acre site and improvements on the site
that are located at 218 Spring Street, Village of Catskill,
State of New York; and
(2) as generally depicted on the map entitled ``Thomas Cole
National Historic Site Boundary Map'', and dated
________________________.
(b) Hudson River Artists National Historical Park.--
(1) Establishment.--At such time as the Secretary
determines that sufficient lands, improvements, and interests
in lands and improvements have been acquired, or at such time
as the Secretary has entered into cooperative agreements
satisfying the interpretive, preservation, and historical
objectives of this Act, the Secretary may establish the Hudson
River Artists National Historical Park in the State of New York
by publication in the Federal Register of--
(A) notice of the establishment; and
(B) a detailed description or map setting forth the
lands and improvements included in the Park.
(2) Included lands.--The Park shall consist of--
(A) the Site; and
(B) the approximately 19,471 acres of lands and
improvements on the lands that are--
(i) owned by the State of New York;
(ii) managed as the Kaaterskill Wild
Forest, North Mountain Wild Forest, Blackhead
Range Wild Forest, North/South Lake Intensive
Use Area, Rogers Island Wildlife Management
Area, and Rogers Island Overlook Scenic Area;
(iii) under the jurisdiction of the
Department of Environmental Conservation of the
State of New York; and
(iv) generally depicted on a map entitled
``Land Inventory Map, Hudson River Artists
National Historical Park'', and dated
________________________.
(c) Maps.--The maps referred to in this section shall be on file
and available for public inspection in appropriate offices of the
National Park Service of the Department of the Interior.
SEC. 5. ACQUISITION OF REAL AND PERSONAL PROPERTY AND SERVICES.
(a) Real Property.--
(1) In general.--The Secretary may acquire--
(A) by donation only, the lands and improvements
described in section 4(b)(2)(B); and
(B) such lands and improvements in Catskill, New
York, as are necessary for the management and operation
of the Site.
(2) State lands.--Lands and improvements owned by the State
of New York may be acquired by the Secretary only by transfer
at no cost to the Federal Government.
(b) Personal Property.--For the purposes of the Park, the Secretary
may acquire historic objects and artifacts and other personal property
associated with and appropriate for the interpretation of the Park.
(c) Other Property, Funds, and Services.--For the purpose of
carrying out this Act, the Secretary may--
(1) enter into cooperative agreements with--
(A) the Office of Parks, Recreation and Historic
Preservation of the State of New York;
(B) the Department of Environmental Conservation of
the State of New York; and
(C) other appropriate State, county, and local
entities and individuals, including--
(i) the Thomas Cole Foundation;
(ii) the Greene County Historical Society;
(iii) the Hudson River Valley Greenway
Council; and
(iv) other private museums and
institutions; and
(2) accept donated funds, property, and services.
SEC. 6. ADMINISTRATION OF PARK.
(a) In General.--The Secretary shall administer the Park in
accordance with--
(1) this Act; and
(2) all laws generally applicable to national historic
sites, including the Acts entitled--
(A) ``An Act to establish a National Park Service,
and for other purposes'', approved August 25, 1916 (16
U.S.C. 1 et seq.); and
(B) ``An Act to provide for the preservation of
historic American sites, buildings, objects, and
antiquities of national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Preservation and Interpretation.--
(1) In general.--Subject to paragraph (2), in administering
the Park, the Secretary shall--
(A) preserve and interpret the Site;
(B) preserve and perpetuate knowledge and
understanding, and provide for public understanding and
enjoyment, of the lives and works of the Hudson River
artists; and
(C) provide assistance to public and private
entities in the interpretation of the Hudson River
artists, their houses and studios, and the vistas
depicted by the artists throughout the Hudson River
Valley region.
(2) State properties.--
(A) In general.--The Secretary shall take no action
with respect to the lands and structures owned by the
State of New York within the boundaries of the Park
except through cooperative agreements in accordance
with subsection (c).
(B) State forest preserve.--With regard to lands
within the State Forest Preserve, the provisions of a
cooperative agreement as described in subparagraph (A)
shall be in strict conformance with the pertinent
provisions of the Constitution of the State of New
York.
(c) Cooperative Agreements With New York and Other Entities.--
(1) In general.--
(A) In general.--To further the purposes of this
Act, the Secretary may consult with and enter into
cooperative agreements with the State of New York and
other public and private entities.
(B) Purposes of agreements.--Each agreement shall--
(i) facilitate the development,
presentation, and funding of art exhibits,
resident artist programs, and other appropriate
activities related to the preservation,
interpretation, development, and use of the
Park; and
(ii) encourage an appreciation of the
scenic and artistic tradition inspired by the
Hudson River artists.
(C) Technical assistance.--Through agreements, the
Secretary may provide technical assistance to
cooperating entities described in subparagraph (A) for
the marking, interpretation, restoration, preservation,
or interpretation of any property listed in section 4.
(D) Interpretation agreements.--The Secretary may
enter into additional cooperative agreements to plan
and coordinate the interpretation of the cultural and
natural history of the Hudson River Valley region,
which provides the context for the work of the Hudson
River artists.
(2) Library agreement.--The Secretary may enter into a
cooperative agreement with the Greene County Historical Society
to provide for the establishment of a library and research
center at the Site.
(d) General Management Plan.--
(1) In general.--Not later than the end of the second
fiscal year that begins after the establishment of the Park,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Interior
and Insular Affairs of the House of Representatives a general
management plan for the Site and the Park.
(2) Consultation.--In preparing the plan, the Secretary,
acting through the Director of the National Park Service, shall
consult with advisors (including representatives of cooperating
entities described in subsection (c)(1)(A), representatives of
local and municipal interests, nationally recognized
historians, scholars, and other experts) concerning the
interpretation, preservation, and visitation of, and other
issues pertaining to, the Park and other sites of related
historical or scenic significance in the Hudson River Valley
region.
(3) Statutory authorities.--The plan shall be prepared in
accordance with--
(A) this subsection;
(B) section 12(b) of the Act entitled ``An Act to
improve the administration of the national park system
by the Secretary of the Interior, and to clarify the
authorities applicable to the system, and for other
purposes'', approved August 18, 1970 (16 U.S.C. 1a-7);
and
(C) other applicable law.
(4) Contents.--The plan shall include--
(A) recommendations and cost estimates for the
identification, marking, interpretation, and
preservation of properties and landscapes associated
with the Hudson River artists and located throughout
the Hudson River Valley region (to be carried out
through cooperative agreements and other means
considered appropriate and practicable);
(B) recommendations on ways to broaden public
understanding of the Hudson River Valley region and its
role in American prehistory, history, and culture; and
(C) recommendations on ways to foster relevant
public education, resource preservation, and
appropriate levels of regional tourism.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Hudson River Artists National Historical Park Act of 1993 - Establishes, as a unit of the National Park System, the Thomas Cole National Historic Site, New York. Authorizes the Secretary of the Interior to establish the Hudson River Artists National Historical Park, subject to specified requirements.
Specifies that: (1) the Secretary shall take no action with respect to the lands and structures owned by the State within Park boundaries except through cooperative agreements in accordance with this Act; and (2) with regard to lands within the State Forest Preserve, the provisions of such cooperative agreements shall be in strict conformance with the pertinent provisions of the New York State Constitution.
Authorizes the Secretary to: (1) provide technical assistance to cooperating entities for the marking, interpretation, restoration, preservation, or interpretation of Site property; and (2) enter into cooperative agreements to plan and coordinate the interpretation of the cultural and natural history of the region, and with the Greene County Historical Society to provide for the establishment of a library and research center at the Site.
Directs the Secretary to submit to specified congressional committees a general management plan for the Site and Park.
Authorizes appropriations. | {"src": "billsum_train", "title": "Hudson River Artists National Historical Park Act of 1993"} | 2,587 | 243 | 0.571248 | 1.736814 | 0.802553 | 4.838428 | 10.825328 | 0.934498 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Women's Health Improvement
Act of 1993''.
TITLE I--WOMEN'S HEALTH CARE
SEC. 101. PRIMARY AND PREVENTIVE HEALTH-CARE SERVICES FOR WOMEN.
(a) Female Members and Retirees of the Uniformed Services.--(1)
Chapter 55 of title 10, United States Code, is amended by inserting
after section 1074c the following new section:
``Sec. 1074d. Primary and preventive health-care services for women
``Female members and former members of the uniformed services who
are entitled to medical care under section 1074 or 1074a of this title
shall be furnished with primary and preventive health-care services for
women as part of such medical care.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1074c the
following new item:
``1074d. Primary and preventive health-care services for women.''.
(b) Female Dependents.--Section 1077(a) of such title is amended by
adding at the end the following new paragraph:
``(13) Primary and preventive health-care services for
women.''.
(c) Definition.--Section 1072 of such title is amended by adding at
the end the following new paragraph:
``(6) The term `primary and preventive health-care services
for women' means health-care services provided to women,
including counseling, relating to the following:
``(A) Papanicolaou tests (pap smear).
``(B) Breast examinations and mammography.
``(C) Comprehensive reproductive health care,
including care related to pregnancy.
``(D) Infertility and sexually transmitted
diseases, including prevention.
``(E) Menopause.
``(F) Physical or psychological conditions arising
out of acts of sexual violence.''.
SEC. 102. REPORT ON THE PROVISION OF HEALTH-CARE SERVICES TO WOMEN.
(a) Report Required.--The Secretary of Defense shall prepare a
report evaluating the provision of health-care services through
military medical treatment facilities and the Civilian Health and
Medical Program of the Uniformed Services to female members of the
uniformed services and female covered beneficiaries eligible for health
care under chapter 55 of title 10, United States Code.
(b) Contents.--The report required by subsection (a) shall contain
the following:
(1) A description of the medical personnel of the
Department of Defense who provided health-care services during
fiscal year 1993 to female members and covered beneficiaries,
including--
(A) the number of such personnel (including both
the number of individual employees and the number of
full-time employee equivalents);
(B) the professional qualifications or specialty
training of such personnel; and
(C) the medical facilities to which such personnel
were assigned.
(2) A description of any actions, including the use of
special pays and incentives, taken by the Secretary during
fiscal year 1993--
(A) to ensure the retention of the medical
personnel described in paragraph (1);
(B) to recruit additional personnel to provide
health-care services to female members and female
covered beneficiaries; and
(C) to replace departing personnel who provided
such services.
(3) A description of any existing or proposed programs to
encourage specialization of health care professionals in fields
related to primary and preventive health-care services for
women.
(4) An assessment of any difficulties experienced by
military medical treatment facilities or the Civilian Health
and Medical Program of the Uniformed Services in furnishing
primary and preventive health-care services for women and a
description of those actions taken by the Secretary to resolve
such difficulties.
(5) An assessment of the extent to which gender-related
factors impede or complicate diagnoses (such as inappropriate
psychiatric referrals and admissions) made by medical personnel
described in paragraph (1).
(6) A description of the actions taken by the Secretary to
foster and encourage the expansion of research relating to
health care issues of concern to female members of the
uniformed services and female covered beneficiaries.
(c) Population Study of the Need of Female Members and Female
Covered Beneficiaries for Health-Care Services.--(1) As part of the
report required by subsection (a), the Secretary shall conduct a study
to determine the needs of female members of the uniformed services and
female covered beneficiaries for health-care services, including
primary and preventive health-care services for women.
(2) The study shall examine the health needs of current members and
covered beneficiaries and future members and covered beneficiaries
based upon the anticipated size and composition of the Armed Forces in
the year 2000 and should be based on the demographics of society as a
whole.
(d) Submission and Revision.--The Secretary of Defense shall submit
the report required by subsection (a) to Congress not later than April
1, 1994. The Secretary shall revise and resubmit the report to Congress
not later than April 1, 1999.
(e) Definitions.--For purposes of this section:
(1) The term ``primary and preventive health care services
for women'' has the meaning given such term in paragraph (6) of
section 1072 of title 10, United States Code, as added by
section 101(c)).
(2) The term ``covered beneficiary'' has the meaning given
such term in paragraph (5) of such section.
TITLE II--WOMEN'S HEALTH RESEARCH
SEC. 201. DEFENSE WOMEN'S HEALTH RESEARCH CENTER.
(a) Establishment of the Center.--The Secretary of Defense shall
establish a Defense Women's Health Research Center (hereinafter in this
section referred to as the ``Center'') in the Department of the Army.
The Center shall be under the authority of the Army Health Services
Command.
(b) Purposes.--(1) The Center shall be the coordinating agent for
multidisciplinary and multiinstitutional research within the Department
of Defense on women's health issues related to service in the Armed
Forces. The Center shall be dedicated to development and application of
new knowledge, procedures, techniques, training, and equipment for the
improvement of the health of women in the Armed Forces.
(2) In carrying out or sponsoring research studies, the Center
shall provide that the cohort of women in the Armed Forces shall be
considered as a control groups.
(3) The Center shall support the goals and objectives recognized by
the Department of Defense under the plan of the Department of Health
and Human Services designated as ``Healthy People 2000''.
(4) The Center shall support initiation and expansion of research
into matters relating to women's health in the military, including the
following matters as they relate to women in the military:
(A) Combat stress and trauma.
(B) Exposure to toxins and other environmental hazards
associated with military hardware.
(C) Psychology related stresses in warfare situations.
(D) Breast cancer.
(E) Reproductive health, including pregnancy.
(F) Gynecological cancers.
(G) Infertility and sexually transmitted diseases.
(H) HIV and AIDS.
(I) Mental health, including post-traumatic stress disorder
and depression.
(J) Menopause, osteoporosis, Alzheimer's disease, and other
conditions and diseases related to aging.
(K) Substance abuse.
(L) Sexual violence and related trauma.
(M) Human factor studies related to women in combat.
(c) Preparation of a Plan.--The Secretary of Defense, acting
through the Secretary of the Army and in coordination with the other
military departments, shall prepare a plan for the implementation of
this section. The plan shall be submitted to the Committees on Armed
Services of the Senate and House of Representatives before May 1, 1994.
(d) Requirements Relating to Establishment of Center.--(1) The
Secretary shall provide for the establishment of the Center at an
existing Army facility.
(2) The Center may be established only at a facility having the
following characteristics:
(A) A physical plant immediately available to serve as
headquarters for the medical activities to be carried out by
the Center.
(B) Ongoing fellowship and residency programs colocated
with ongoing collaborative health-related and interdisciplinary
research of (i) a facility of the Department of Veterans
Affairs, (ii) an accredited university with specialties in
medical research and clinical diagnostics, and (iii) a hospital
owned and operated by a municipality.
(C) A technologically modern laboratory capability at the
site and at the affiliated sites referred to in subparagraph
(B), with the capability to include state-of-the-art clinical
diagnostic instrumentation, data processing, telecommunication,
and data storage systems.
(D) Compatibility with and capability to effectively expand
its existing mission in accordance with the mission of the
Center under this section.
(E) Maximum multi-State geographic jurisdiction to permit
regional health-related issues to be researched and integrated
into national military databases.
(F) An existing relationship for the provision of services
to Native Americans through the Indian Health Service.
(e) Activities for Fiscal Year 1994.--During fiscal year 1994, the
Center shall address the following:
(1) Program planning, infrastructure development, baseline
information gathering, technology infusion, and connectivity.
(2) Management and technical staffing.
(3) Data base development of health issues related to
service on active duty as compared to service in the National
Guard or Reserves.
(4) Research protocols, cohort development, health
surveillance and epidemiologic studies.
SEC. 202. CONTINUATION OF ARMY BREAST CANCER RESEARCH PROGRAM.
During fiscal year 1994, the Secretary of the Army shall continue
the breast cancer research program established in the second and third
provisos in the paragraph in title IV of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1890) under the
heading ``Research, Development, Test, and Evaluation, Army'' .
SEC. 203. INCLUSION OF WOMEN AND MINORITIES IN CLINICAL RESEARCH
PROJECTS.
(a) General Rule.--In conducting or supporting clinical research,
the Secretary of Defense shall ensure that--
(1) women who are members of the Armed Forces are included
as subjects in each project of such research; and
(2) members of minority groups who are members of the Armed
Forces are included as subjects of such research.
(b) Waiver Authority.--The requirement in subsection (a) regarding
women and members of minority groups who are members of the Armed
Forces may be waived by the Secretary of Defense with respect to a
project of clinical research if the Secretary determines that the
inclusion, as subjects in the project, of women and members of minority
groups, respectively--
(1) is inappropriate with respect to the health of the
subjects;
(2) is inappropriate with respect to the purpose of the
research; or
(3) is inappropriate under such other circumstances as the
Secretary of Defense may designate.
(c) Requirement for Analysis of Research.--In the case of a project
of clinical research in which women or members of minority groups will
under subsection (a) be included as subjects of the research, the
Secretary of Defense shall ensure that the project is designed and
carried out so as to provide for a valid analysis of whether the
variables being tested in the research affect women or members of
minority groups, as the case may be, differently than other persons who
are subjects of the research.
SEC. 204. REPORT ON RESEARCH RELATING TO FEMALE MEMBERS OF THE
UNIFORMED SERVICES AND FEMALE COVERED BENEFICIARIES.
Not later than July 1 of each of 1995, 1996, and 1997, the
Secretary of Defense shall submit to Congress a report containing--
(1) a description (as of May 31 of the year in which the
report is submitted) of the status of any health research that
is being carried out by or under the jurisdiction of the
Secretary relating to female members of the uniformed services
and female covered beneficiaries under chapter 55 of title 10,
United States Code; and
(2) recommendations of the Secretary as to future health
research (including a proposal for any legislation relating to
such research) relating to such female members and covered
beneficiaries.
TITLE III--WOMEN'S HEALTH EDUCATION
SEC. 301. WOMEN'S HEALTH CURRICULUM ADVISORY COMMITTEE.
The Secretary of Defense shall establish at the F. Edward Hebert
School of Medicine of the Uniformed Services University of the Health
Sciences a women's health curriculum advisory committee to promote the
comprehensive integration of women's health issues into the curriculum
at the University. The committee shall include the surgeon general of
each of the military departments and the dean of the School of
Medicine. The committee shall be established by April 1, 1994. | TABLE OF CONTENTS:
Title I: Women's Health Care
Title II: Women's Health Research
Title III: Women's Health Education
Defense Women's Health Improvement Act of 1993 -
Title I: Women's Health Care
- Requires female members and former members of the armed forces who are entitled to medical care under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to be furnished primary and preventive health care services for women as part of such care. Provides the same coverage for female dependents of members and former members of the armed forces.
Directs the Secretary of Defense to prepare and submit to the Congress a report evaluating the provision of health care services through military medical treatment facilities and CHAMPUS to female members of the armed forces and female covered beneficiaries. Requires the Secretary to include a study to determine the needs of female members and dependents for health care services, including primary and preventive health care services for women.
Title II: Women's Health Research
- Directs the Secretary to establish a Defense Women's Health Research Center within the Department of the Army to be the coordinating agent for multidisciplinary and multiinstitutional research within the Department of Defense on women's health issues related to service in the armed forces.
Directs the Secretary of the Army, during FY 1994, to continue the breast cancer research program as established under prior law.
Directs the Secretary of Defense, in conducting or supporting clinical research, to ensure that women and minority group members of the armed forces are included as research subjects. Provides a waiver of such requirement.
Directs the Secretary to submit three annual reports on research relating to female members and dependents within the armed forces.
Title III: Women's Health Education
- Directs the Secretary to establish at the F. Edward Hebert School of Medicine of the Uniformed Services University of the Health Sciences a women's health curriculum advisory committee to promote the comprehensive integration of women's health issues into the curriculum. | {"src": "billsum_train", "title": "Defense Women's Health Improvement Act of 1993"} | 2,822 | 430 | 0.611351 | 1.826642 | 0.737977 | 4.329897 | 6.814433 | 0.907216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copyright Term Extension Act of
1997''.
SEC. 2. DURATION OF COPYRIGHT PROVISIONS.
(a) Preemption With Respect to Other Laws.--Section 301(c) of title
17, United States Code, is amended by striking ``February 15, 2047''
each place it appears and inserting ``February 15, 2067''.
(b) Duration of Copyright: Works Created on or After January 1,
1978.--Section 302 of title 17, United States Code, is amended--
(1) in subsection (a) by striking ``fifty'' and inserting
``70'';
(2) in subsection (b) by striking ``fifty'' and inserting
``70'';
(3) in subsection (c) in the first sentence--
(A) by striking ``seventy-five'' and inserting
``95''; and
(B) by striking ``one hundred'' and inserting
``120''; and
(4) in subsection (e) in the first sentence--
(A) by striking ``seventy-five'' and inserting
``95'';
(B) by striking ``one hundred'' and inserting
``120''; and
(C) by striking ``fifty'' each place it appears and
inserting ``70''.
(c) Duration of Copyright: Works Created but Not Published or
Copyrighted Before January 1, 1978.--Section 303 of title 17, United
States Code, is amended in the second sentence by striking ``December
31, 2027'' and inserting ``December 31, 2047''.
(d) Duration of Copyright: Subsisting Copyrights.--
(1) In general.--Section 304 of title 17, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (B) by striking
``47'' and inserting ``67''; and
(II) in subparagraph (C) by
striking ``47'' and inserting ``67'';
(ii) in paragraph (2)--
(I) in subparagraph (A) by striking
``47'' and inserting ``67''; and
(II) in subparagraph (B) by
striking ``47'' and inserting ``67'';
and
(iii) in paragraph (3)--
(I) in subparagraph (A)(i) by
striking ``47'' and inserting ``67'';
and
(II) in subparagraph (B) by
striking ``47'' and inserting ``67'';
(B) by amending subsection (b) to read as follows:
``(b) Copyrights in Their Renewal Term at the Time of the Effective
Date of the Copyright Term Extension Act of 1997.--Any copyright still
in its renewal term at the time that the Copyright Term Extension Act
of 1997 becomes effective shall have a copyright term of 95 years from
the date copyright was originally secured.'';
(C) in subsection (c)(4)(A) in the first sentence
by inserting ``or, in the case of a termination under
subsection (d), within the five-year period specified
by subsection (d)(2),'' after ``specified by clause (3)
of this subsection,''; and
(D) by adding at the end the following new
subsection:
``(d) Termination Rights Provided in Subsection (c) Which Have
Expired on or Before the Effective Date of the Copyright Term Extension
Act of 1997.--In the case of any copyright other than a work made for
hire, subsisting in its renewal term on the effective date of the
Copyright Term Extension Act of 1997 for which the termination right
provided in subsection (c) has expired by such date, where the author
or owner of the termination right has not previously exercised such
termination right, the exclusive or nonexclusive grant of a transfer or
license of the renewal copyright or any right under it, executed before
January 1, 1978, by any of the persons designated in subsection
(a)(1)(C) of this section, other than by will, is subject to
termination under the following conditions:
``(1) The conditions specified in subsection (c) (1), (2),
(4), (5), and (6) of this section apply to terminations of the
last 20 years of copyright term as provided by the amendments
made by the Copyright Term Extension Act of 1997.
``(2) Termination of the grant may be effected at any time
during a period of 5 years beginning at the end of 75 years
from the date copyright was originally secured.''.
(2) Copyright renewal act of 1992.--Section 102 of the
Copyright Renewal Act of 1992 (Public Law 102-307; 106 Stat.
266; 17 U.S.C. 304 note) is amended--
(A) in subsection (c)--
(i) by striking ``47'' and inserting
``67'';
(ii) by striking ``(as amended by
subsection (a) of this section)''; and
(iii) by striking ``effective date of this
section'' each place it appears and inserting
``effective date of the Copyright Term
Extension Act of 1997''; and
(B) in subsection (g)(2) in the second sentence by
inserting before the period the following: ``, except
each reference to forty-seven years in such provisions
shall be deemed to be 67 years''.
SEC. 3. REPRODUCTION BY LIBRARIES AND ARCHIVES.
Section 108 of title 17, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h)(1) For purposes of this section, during the last 20 years of
any term of copyright of a published work, a library or archives,
including a nonprofit educational institution that functions as such,
may reproduce, distribute, display, or perform in facsimile or digital
form a copy or phonorecord of such work, or portions thereof, for
purposes of preservation, scholarship, or research, if such library or
archives has first determined, on the basis of a reasonable
investigation, that none of the conditions set forth in subparagraphs
(A), (B), and (C) of paragraph (2) apply.
``(2) No reproduction, distribution, display, or performance is
authorized under this subsection if--
``(A) the work is subject to normal commercial
exploitation;
``(B) a copy or phonorecord of the work can be obtained at
a reasonable price; or
``(C) the copyright owner or its agent provides notice
pursuant to regulations promulgated by the Register of
Copyrights that either of the conditions set forth in
subparagraphs (A) and (B) applies.
``(3) The exemption provided in this subsection does not apply to
any subsequent uses by users other than such library or archives.''.
SEC. 4. DISTRIBUTION OF PHONORECORDS.
Section 303 of title 17, United States Code, is amended--
(1) in the first sentence by striking ``Copyright'' and
inserting ``(a) Copyright''; and
(2) by adding at the end the following:
``(b) The distribution before January 1, 1978, of phonorecords
shall not constitute publication of the musical work embodied therein
for purposes of the Copyright Act of 1909.''.
SEC. 5. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the date of the
enactment of this Act.
(b) Distribution of Phonorecords.--The amendment made by section 4
shall not be a basis to reopen an action nor to commence a subsequent
action for copyright infringement if an action in which such claim was
raised was dismissed by final judgment before the date of enactment of
this Act. The amendment made by section 4 shall not apply to any action
pending on the date of enactment in any court in which a party, prior
to the date of enactment, sought dismissal of, judgment on, or
declaratory relief regarding a claim of infringement by arguing that
the adverse party had no valid copyright in a musical work by virtue of
the distribution of phonorecords embodying it. | Copyright Term Extension Act of 1997 - Amends Federal copyright provisions regarding preemption of laws concerning duration of copyrights.
(Sec. 2) Prohibits the annulment or limitation of rights or remedies under State laws with respect to sound recordings fixed before February 15, 1972, until February 15, 2067 (currently, 2047).
Extends the duration of copyright in a work created on or after January 1, 1978, to the life of the author and 70 (currently, 50) years after the author's death. Makes the same extension with regard to joint works created on or after such date.
Extends the duration of copyright in anonymous or pseudonymous works or works made for hire on or after such date to 95 (currently, 75) years from the year of the first publication, or 120 (currently, 100) years from the year of creation, whichever expires first. Makes conforming extensions with respect to provisions regarding the presumption of an author's death.
Extends from December 31, 2027, to December 31, 2047, the duration of copyright in works published on or before December 31, 2002.
Extends the duration of copyrights in their renewal term at the time of the effective date of this Act to 95 years from the date such copyrights were originally secured.
Permits an author or owner of a termination right, subject to certain conditions, to terminate a transfer or license of a renewal (executed before January 1, 1978) of a copyright (other than a work made for hire) subsisting in its renewal term on the effective date of this Act, for which the termination right has not been exercised, and has expired, by such date. Allows termination of a transfer or license grant at any time during the five years beginning at the end of 75 years from the date the copyright was originally secured.
(Sec. 3) Allows, during the last 20 years of any term of copyright of a published work, a library or archives to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work for purposes of preservation, scholarship, or research after determining that none of the following conditions apply: (1) the work is subject to normal commercial exploitation; (2) a copy or phonorecord of the work can be obtained at a reasonable price; or (3) the copyright owner or its agent provides notice that either of such conditions applies. Provides that such exemption does not apply to any subsequent uses by users other than such library or archives.
(Sec. 4) Declares that the distribution of phonorecords before January 1, 1978, shall not constitute publication of the musical work embodied therein for purposes of copyright infringement under the Copyright Act of 1909. Provides that this declaration shall not be a basis to reopen an action nor to commence a subsequent action for copyright infringement if an action in which such claim was raised was dismissed by final judgment before the date of enactment of this Act. | {"src": "billsum_train", "title": "Copyright Term Extension Act of 1997"} | 1,958 | 677 | 0.530788 | 1.561293 | 0.673012 | 4.462995 | 3.015491 | 0.89673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Falls Preservation and
Redevelopment Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Great Falls Historic District in the State of New
Jersey is an area of historical significance as an early site
of planned industrial development, and has remained largely
intact, including architecturally significant structures;
(2) the Great Falls Historic District is listed on the
National Register of Historic Places and has been designated a
National Historic Landmark;
(3) the Great Falls Historic District is within a half hour
drive of New York City, and within two hours of Philadelphia,
Hartford, New Haven, and Wilmington;
(4) the District was originally established by the Society
of Useful Manufactures, an organization whose leaders included
a number of historically renowned individuals, including
Alexander Hamilton; and
(5) the Great Falls Historic District has been the subject
of a number of studies which have shown that the District
possesses a combination of historic significance and natural
beauty worthy of and uniquely situated for preservation and
redevelopment.
SEC. 3. PURPOSE.
The purpose of this Act is to preserve and interpret for the
educational and inspirational benefit of the public, the contribution
to our national heritage of certain historic and cultural -l-a-n-d-s-,
-w-a-t-e-r-w-a-y-s lands and edifices of the Great Falls Historic
District with emphasis on harnessing this unique urban environment for
its educational and recreational value, as well as to enhance economic
and cultural redevelopment within the District.
SEC. 4. GREAT FALLS HISTORIC DISTRICT.
(a) Establishment.--There is hereby established in the city of
Paterson in the county of Passaic in the State of New Jersey the Great
Falls Historic District.
(b) Boundaries.--The boundaries of the District shall be the
boundaries as specified for the Great Falls Historic District listed on
the National Register of Historic Places.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary is authorized to enter into
cooperative agreements in accordance with this Act. In expending moneys
appropriated pursuant to this Act, the Secretary may make grants to and
enter into cooperative agreements with State or local government
agencies or nonprofit entities for each of the following:
(1) The preparation of a plan for the development of
historic, architectural, natural, cultural, and interpretive
resources within the District. The plan shall include each of
the following:
(A) An evaluation of--
(i) the existing condition of historic and
architectural resources; and
(ii) the environmental and flood hazard
conditions within the District.
(B) Recommendations for--
(i) rehabilitating, reconstructing, and
adaptively reusing such historic and
architectural resources;
(ii) preserving viewsheds, focal points,
and streetscapes;
(iii) establishing gateways to the
District;
(iv) establishing and maintaining parks and
public spaces;
-(-v-) -r-e-s-t-o-r-i-n-g-,
-i-m-p-r-o-v-i-n-g-, -a-n-d
-d-e-v-e-l-o-p-i-n-g -r-a-c-e-w-a-y-s -a-n-d
-a-d-j-a-c-e-n-t -a-r-e-a-s-;
-(-v-i-) (v) developing public parking
areas;
-(-v-i-i-) (vi) improving pedestrian and
vehicular circulation within the District;
-(-v-i-i-i-) (vii) improving security
within the District, with an emphasis on
preserving historically significant structures
from arson; and
-(-i-x-) (viii) establishing a visitor's
center.
(2) Implementation of projects approved by the Secretary
pursuant to the Plan.
(b) Restoration, Maintenance, and Interpretation.--The Secretary
may enter into cooperative agreements with the owners of properties
within the District of historical or cultural significance as
determined by the Secretary, pursuant to which the Secretary may mark,
interpret, improve, restore, and provide technical assistance with
respect to the preservation and interpretation of such properties. Such
agreements shall contain, but need not be limited to, provisions that
the Secretary shall have the right of access at reasonable times to
public portions of the property for interpretive and other purposes,
and that no changes or alterations shall be made in the property except
by mutual -a-g-r-e-e-m-e-n-t-. agreement, and with the approval of the
Federal agency with regulatory jurisdiction over the property in
question, if applicable.
(c) Capital Projects.--(1) Application for funds for capital
projects and improvements under this Act shall be submitted to the
Secretary and shall include a description of how the project proposed
to be funded will further the purposes of the District.
(2) In making such funds available, the Secretary shall give
consideration to projects which provide a greater leverage of Federal
funds. Any payment made shall be subject to an agreement that
conversion, use, or disposal of the project so assisted for purposes
contrary to the purposes of this Act, as determined by the Secretary,
shall result in a right of the United States of reimbursement of all
funds made available to such project or the proportion of the increased
value of the project attributable to such funds as determined at the
time of such conversion, use, or disposal, whichever is greater.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) The term ``District'' means the Great Falls Historic
District established by section 4.
(2) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this Act not more than--
(1) $3,000,000 for capital projects;
(2) $250,000 for planning; and
(3) $50,000 for technical assistance.
Funds made available pursuant to paragraphs (1) and (2) shall not
exceed 50 percent of the total costs of the project to be funded. The
authority to expend funds under this Act shall expire 5 years from the
date of enactment.
Passed the House of Representatives April 13, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Great Falls Preservation and Redevelopment Act of 1994 - Establishes the Great Falls Historic District in Paterson, New Jersey, to be administered by the Secretary of the Interior. Authorizes the Secretary to enter into cooperative agreements with: (1) State or local government agencies or nonprofit entities to prepare a plan for the development of historic, architectural, natural, cultural, and interpretative resources within the District and to implement projects approved by the Secretary pursuant to the plan; and (2) property owners for the preservation and interpretation of properties of historical or cultural significance. Requires applications for funds for capital projects and improvements to be submitted to the Secretary and to include a description of how the project will further the purposes of the District. Subjects such payments to an agreement that conversion, use, or disposal of such project for purposes contrary to this Act shall result in a right of the United States of reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. Authorizes appropriations. Prohibits funds made available for capital projects and planning from exceeding 50 percent of the total costs of the project to be funded. Terminates the authority to expend funds under this Act five years after the date of its enactment. | {"src": "billsum_train", "title": "Great Falls Preservation and Redevelopment Act of 1994"} | 1,433 | 284 | 0.61231 | 1.935563 | 0.841694 | 5.938224 | 5.227799 | 0.926641 |
SECTION 1. CONVEYANCE OF REAL PROPERTY IN HOUSTON, TEXAS.
(a) Authority To Convey.--The Administrator of General Services
shall convey, at the market value determined under subsection (b), to
the Military Museum of Texas all right, title, and interest of the
United States in and to the parcel of real property located at 8611
Wallisville Road in Houston, Texas, as described in subsection (c).
(b) Determination of Market Value.--For purposes of subsection (a),
the market value of the real property shall be determined by an
independent appraisal based on the current use of the property. The
appraisal shall be commissioned by the Administrator and paid for by
the Military Museum of Texas.
(c) Property Description.--The real property to be conveyed is the
3.673 acres of land in Lot 3 of Moers Subdivision in the W.M. Black
Survey, Abstract 114, Harris County, Texas, more particularly described
as follows:
(1) Beginning at an iron rod located at the intersection of the
north line of Wallisville Road presently being 100' wide with the
southeast line of U.S. Highway 90 presently being 150' in width.
(2) Thence north 38\o\13' east 1068.61' along the southeast
line of U.S. Highway 90 to an iron rod for the point of beginning.
(3) Thence south 01\o\15'43'' east 713.5' along a fence to a
galvanized iron fence corner in the north line of Wallisville Road.
(4) Thence south 79\o\26' west, 408' more or less parallel to
the east boundary line to a point in the southeast line of U.S.
Highway 90.
(5) Thence north 38\o\13' east 460' more or less along the
southeast line of U.S. Highway 90 to the point of beginning.
(d) Structures and Improvements.--The conveyance shall include the
improvements, structures, and fixtures located on the real property
conveyed and related personal property.
(e) Use Restriction.--
(1) In general.--As a condition of the conveyance, the Military
Museum of Texas shall use and maintain the real property conveyed,
for a minimum period of 30 years, in a manner consistent with the
use of the property at the time of the conveyance.
(2) Use restriction.--Except as provided by paragraph (3), if
the real property conveyed ceases to be used or maintained as
required by paragraph (1), all or any portion of the property
shall, in its then existing condition and at the option of the
Administrator, revert to the United States.
(3) Abrogation of use restriction.--
(A) In general.--The Military Museum of Texas may seek
abrogation of the use restriction set forth in paragraph (2) by
obtaining the advance written consent of the Administrator, and
by payment to the United States of the fair market value of the
real property to be released from the restriction.
(B) Determination of fair market value.--For purposes of
subparagraph (A), the fair market value of the real property
shall be determined by an independent appraisal based on the
highest and best use of the property as of the effective date
of the abrogation. The appraisal shall be commissioned by the
Administrator and paid for by the Military Museum of Texas.
(f) Compliance.--
(1) Reports.--As a condition of the conveyance, the Military
Museum of Texas shall submit to the Administrator, not later than
one year after the date of the conveyance and annually thereafter
for a period of 30 years, a report on the Military Museum's use and
maintenance of the real property conveyed, and any other reports
required by the Administrator to evidence the Military Museum's
continuous use of the property in accordance with subsection (d).
(2) Inspections.--Not later than one year after the date of
conveyance and every 5 years thereafter for a period of 30 years,
the Administrator shall conduct inspections of the real property
conveyed to confirm information provided in the reports submitted
under paragraph (1).
(g) Additional Terms and Conditions.--The Administrator may require
the conveyance to be subject to such additional terms and conditions as
the Administrator considers appropriate and necessary to protect the
interests of the United States.
(h) Costs of Conveyance.--The Military Museum of Texas shall be
responsible for all reasonable and necessary costs associated with the
conveyance, including real estate transaction and environmental
documentation costs.
(i) Relationship to Environmental Law.--Nothing in this section may
be construed to affect or limit the application of or obligation to
comply with any environmental law, including section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Administrator of General Services (GSA) to convey, at a specified market value, to the Military Museum of Texas all U.S. right, title, and interest in and to a certain parcel of real property located at 8611 Wallisville Road in Houston, Texas.
Requires an independent appraisal of the market value of the real property, to be paid for by the Military Museum.
Requires the conveyance to include improvements, structures, and fixtures located on the conveyed real property and related personal property.
Directs the Military Museum to use and maintain the conveyed property, for a minimum period of 30 years, in a manner consistent with the use of it at the time it is conveyed.
Reverts, at the option of the Administrator, all or any portion of the conveyed property in its then existing condition to the United States if it ceases to be used or maintained as described above. Permits the Military Museum to seek abrogation of such use restriction by obtaining advance written consent of the Administrator and by payment of the fair market value of the property to be released.
Requires the Military Museum to submit annual reports, for a period of 30 years, on the Military Museum's use and maintenance of the conveyed property and any other reports required by the Administrator to evidence the Museum's continuous use of such property.
Requires the Administrator to conduct inspections on the conveyed property to confirm the information provided in such reports every 5 years for a period of 30 years.
Makes the Military Museum responsible for all reasonable and necessary costs associated with the conveyance, including real estate transaction and environmental documentation costs.
Bars anything in this Act being construed to affect or limit the application of or obligation to comply with any environmental law, including requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) with regard to the sale or other transfer of U.S. owned real property on which any hazardous substance was stored for one year or more, known to have been released, or disposed of. | {"src": "billsum_train", "title": "To direct the Administrator of General Services to convey a parcel of real property in Houston, Texas, to the Military Museum of Texas, and for other purposes."} | 1,075 | 447 | 0.548612 | 2.023823 | 0.824584 | 4.381443 | 2.476804 | 0.891753 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Columbine-Hondo
Wilderness Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ADDITION TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Sec. 101. Designation of the Columbine-Hondo Wilderness.
Sec. 102. Wheeler Peak Wilderness boundary modification.
Sec. 103. Authorization of appropriations.
TITLE II--LAND CONVEYANCES AND SALES
Sec. 201. Town of Red River land conveyance.
Sec. 202. Village of Taos Ski Valley land conveyance.
Sec. 203. Authorization of sale of certain National Forest System land.
SEC. 2. DEFINITIONS.
In this Act:
(1) Red river conveyance map.--The term ``Red River
Conveyance Map'' means the map entitled ``Town of Red River
Town Site Act Proposal'' and dated April 19, 2012.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Town.--The term ``Town'' means the town of Red River,
New Mexico.
(5) Village.--The term ``Village'' means the village of
Taos Ski Valley, New Mexico.
(6) Wilderness.--The term ``Wilderness'' means the
Columbine-Hondo Wilderness designated by section 101(a).
(7) Wilderness map.--The term ``Wilderness Map'' means the
map entitled ``Columbine-Hondo, Wheeler Peak Wilderness'' and
dated April 25, 2012.
TITLE I--ADDITION TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
SEC. 101. DESIGNATION OF THE COLUMBINE-HONDO WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 45,000 acres of land in the Carson
National Forest in the State, as generally depicted on the Wilderness
Map, is designated as wilderness and as a component of the National
Wilderness Preservation System, which shall be known as the
``Columbine-Hondo Wilderness''.
(b) Management.--Subject to valid existing rights, the Wilderness
shall be administered by the Secretary in accordance with this Act and
the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference
in that Act to the effective date of that Act shall be considered to be
a reference to the date of enactment of this Act.
(c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land that is within the boundary of the Wilderness that
is acquired by the United States shall--
(1) become part of the Wilderness; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this section; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the Wilderness, where
established before the date of enactment of this Act, shall be
administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in the report of the Committee
on Interior and Insular Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(e) Columbine-Hondo Wilderness Study Area.--
(1) Finding.--Congress finds that, for purposes of section
103(a)(2) of Public Law 96-550 (16 U.S.C. 1132 note; 94 Stat.
3223), any Federal land in the Columbine-Hondo Wilderness Study
Area administered by the Forest Service that is not designated
as wilderness by subsection (a) has been adequately reviewed
for wilderness designation.
(2) Applicability.--The Federal land described in paragraph
(1) is no longer subject to subsections (a)(2) and (b) of
section 103 of Public Law 96-550 (16 U.S.C. 1132 note; 94 Stat.
3223).
(f) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of the Wilderness.
(2) Force of law.--The maps and legal descriptions prepared
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
prepared under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(g) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife located on
public land in the State, except that the Secretary, after consultation
with the New Mexico Department of Game and Fish, may designate zones in
which, and establish periods during which, hunting or fishing shall not
be allowed for reasons of public safety, administration, the protection
for nongame species and associated habitats, or public use and
enjoyment.
(h) Withdrawals.--Subject to valid existing rights, the Federal
land described in subsections (a) and (e)(1) and any land or interest
in land that is acquired by the United States in the Wilderness after
the date of enactment of this Act is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
SEC. 102. WHEELER PEAK WILDERNESS BOUNDARY MODIFICATION.
(a) In General.--The boundary of the Wheeler Peak Wilderness in the
State is modified as generally depicted in the Wilderness Map.
(b) Withdrawal.--Subject to valid existing rights, any Federal land
added to or excluded from the boundary of the Wheeler Peak Wilderness
under subsection (a) is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
TITLE II--LAND CONVEYANCES AND SALES
SEC. 201. TOWN OF RED RIVER LAND CONVEYANCE.
(a) In General.--Subject to the provisions of this section, the
Secretary shall convey to the Town, without consideration and by
quitclaim deed, all right, title, and interest of the United States in
and to the one or more parcels of Federal land described in subsection
(b) for which the Town submits a request to the Secretary by the date
that is not later than 1 year after the date of enactment of this Act.
(b) Description of Land.--The parcels of Federal land referred to
in subsection (a) are the parcels of National Forest System land
(including any improvements to the land) in Taos County, New Mexico,
that are identified as ``Parcel 1'', ``Parcel 2'', ``Parcel 3'', and
``Parcel 4'' on the Red River Conveyance Map.
(c) Conditions.--The conveyance under subsection (a) shall be
subject to--
(1) valid existing rights;
(2) public rights-of-way through ``Parcel 1'', ``Parcel
3'', and ``Parcel 4'';
(3) an administrative right-of-way through ``Parcel 2''
reserved to the United States; and
(4) such additional terms and conditions as the Secretary
may require.
(d) Use of Land.--As a condition of the conveyance under subsection
(a), the Town shall use--
(1) ``Parcel 1'' for a wastewater treatment plant;
(2) ``Parcel 2'' for a cemetery;
(3) ``Parcel 3'' for a public park; and
(4) ``Parcel 4'' for a public road.
(e) Reversion.--In the quitclaim deed to the Town under subsection
(a), the Secretary shall provide that any parcel of Federal land
conveyed to the Town under subsection (a) shall revert to the
Secretary, at the election of the Secretary, if the parcel of Federal
land is used for a purpose other than the purpose for which the parcel
was conveyed, as required under subsection (d).
(f) Survey; Administrative Costs.--
(1) Survey.--The exact acreage and legal description of the
National Forest System land conveyed under subsection (a) shall
be determined by a survey approved by the Secretary.
(2) Costs.--The Town shall pay the reasonable survey and
other administrative costs associated with the conveyance.
SEC. 202. VILLAGE OF TAOS SKI VALLEY LAND CONVEYANCE.
(a) In General.--Subject to the provisions of this section, the
Secretary shall convey to the Village, without consideration and by
quitclaim deed, all right, title, and interest of the United States in
and to the parcel of Federal land described in subsection (b) for which
the Village submits a request to the Secretary by the date that is not
later than 1 year after the date of enactment of this Act.
(b) Description of Land.--The parcel of Federal land referred to in
subsection (a) is the parcel comprising approximately 4.6 acres of
National Forest System land (including any improvements to the land) in
Taos County generally depicted as ``Parcel 1'' on the map entitled
``Village of Taos Ski Valley Town Site Act Proposal'' and dated April
19, 2012.
(c) Conditions.--The conveyance under subsection (a) shall be
subject to--
(1) valid existing rights;
(2) an administrative right-of-way through the parcel of
Federal land described in subsection (b) reserved to the United
States; and
(3) such additional terms and conditions as the Secretary
may require.
(d) Use of Land.--As a condition of the conveyance under subsection
(a), the Village shall use the parcel of Federal land described in
subsection (b) for a wastewater treatment plant.
(e) Reversion.--In the quitclaim deed to the Village, the Secretary
shall provide that the parcel of Federal land conveyed to the Village
under subsection (a) shall revert to the Secretary, at the election of
the Secretary, if the parcel of Federal land is used for a purpose
other than the purpose for which the parcel was conveyed, as described
in subsection (d).
(f) Survey; Administrative Costs.--
(1) Survey.--The exact acreage and legal description of the
National Forest System land conveyed under subsection (a) shall
be determined by a survey approved by the Secretary.
(2) Costs.--The Village shall pay the reasonable survey and
other administrative costs associated with the conveyance.
SEC. 203. AUTHORIZATION OF SALE OF CERTAIN NATIONAL FOREST SYSTEM LAND.
(a) In General.--Subject to the provisions of this section and in
exchange for consideration in an amount that is equal to the fair
market value of the applicable parcel of National Forest System land,
the Secretary may convey--
(1) to the holder of the permit numbered ``QUE302101'' for
use of the parcel, the parcel of National Forest System land
comprising approximately 0.2 acres that is generally depicted
as ``Parcel 5'' on the Red River Conveyance Map; and
(2) to the owner of the private property adjacent to the
parcel, the parcel of National Forest System land comprising
approximately 0.1 acres that is generally depicted as ``Parcel
6'' on the Red River Conveyance Map.
(b) Disposition of Proceeds.--Any amounts received by the Secretary
as consideration for a conveyance under subsection (a) shall be--
(1) deposited in the fund established under Public Law 90-
171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and
(2) available to the Secretary, without further
appropriation and until expended, for the acquisition of land
or interests in land in the Carson National Forest.
(c) Conditions.--The conveyance under subsection (a) shall be
subject to--
(1) valid existing rights; and
(2) such additional terms and conditions as the Secretary
may require.
(d) Survey; Administrative Costs.--
(1) Survey.--The exact acreage and legal description of the
National Forest System land conveyed under subsection (a) shall
be determined by a survey approved by the Secretary.
(2) Costs.--The reasonable survey and other administrative
costs associated with the conveyance shall be paid by the
holder of the permit or the owner of the private property, as
applicable. | Columbine-Hondo Wilderness Act - Designates specified land in Carson National Forest in New Mexico, which shall be known as the Columbine-Hondo Wilderness, as a component of the National Wilderness Preservation System. Releases any federal land within the Columbine-Hondo Wilderness Study Area administered by the Forest Service that is not designated as wilderness by this Act from further review for designation as wilderness. Modifies the boundary of the Wheeler Peak Wilderness in New Mexico as specified on the map entitled "Columbine-Hondo, Wheeler Peak Wilderness." Directs the Secretary of Agriculture (USDA) to convey to the town of Red River in New Mexico, one or more parcels of federal land in Taos County, New Mexico, identified as Parcels, 1, 2, 3, and 4 on the map entitled "Town of Red River Town Site Act Proposal" (the Red River Conveyance Map). Directs the Secretary to convey to the village of Taos Ski Valley in New Mexico the National Forest System land identified as parcel 1 on the map entitled "Village of Taos Ski Valley Town Site Act Proposal." Authorizes the conveyance of certain National Forest System land in New Mexico involving Parcels 5 and 6 as identified on the Red River Conveyance Map. | {"src": "billsum_train", "title": "Columbine-Hondo Wilderness Act"} | 3,070 | 287 | 0.715433 | 2.184122 | 0.696828 | 3.85654 | 11.101266 | 0.911392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Tax Credit Expansion and
Equity Act''.
SEC. 2. EXPANSION OF CHILD TAX CREDIT; CREDIT MADE PARTIALLY
REFUNDABLE.
(a) Increase in Amount Allowed.--Subsection (a) of section 24 of
the Internal Revenue Code of 1986 (relating to allowance of credit) is
amended to read as follows:
``(a) Allowance of Credit.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
with respect to each qualifying child of the taxpayer an amount
equal to the applicable amount.
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount shall be determined as follows:
``In the case of any taxable year The applicable amount is--
beginning in--
2002.......................................... $600
2003.......................................... 700
2004.......................................... 800
2005.......................................... 900
2006 or thereafter............................ 1,000.''.
(b) Credit Allowed Against Alternative Minimum Tax.--
(1) In general.--Section 24(b) of the Internal Revenue Code
of 1986 (relating to limitation based on adjusted gross income)
is amended by adding at the end the following new paragraph:
``(3) Limitation based on amount of tax.--The credit
allowed under subsection (a) for any taxable year shall not
exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section) and section 27 for
the taxable year.''.
(2) Conforming amendments.--
(A) Section 24(d) of such Code is amended--
(i) by striking ``section 26(a)'' each
place it appears and inserting ``subsection
(b)(3)'', and
(ii) in paragraph (1)(B) by striking
``aggregate amount of credits allowed by this
subpart'' and inserting ``amount of credit
allowed by this section''.
(B) Paragraph (1) of section 26(a) of such Code is
amended by inserting ``(other than section 24)'' after
``this subpart''.
(C) Section 904(h) is amended by inserting ``(other
than section 24)'' after ``chapter''.
(D) Section 1397E(c)(2) of such Code is amended by
inserting ``section 24 and'' after ``other than''.
(E) The heading for section 24(b) of such Code is
amended to read as follows: ``Limitations.--''.
(F) The heading for section 24(b)(1) of such Code
is amended to read as follows: ``Limitation based on
adjusted gross income.--''.
(c) Portion of Child Credit Treated as Refundable.--
(1) In general.--Paragraph (1) of section 24(d) of the
Internal Revenue Code of 1986 (relating to additional credit
for families with 3 or more children), as amended by subsection
(b)(2)(A), is amended to read as follows:
``(1) In general.--The aggregate credits allowed to a
taxpayer under subpart C shall be increased by the sum of the
credits allowable under this section for all qualifying
children of the taxpayer (determined without regard to this
subsection and the limitation under subsection (b)(3)), except
that the amount of the credit which may be taken into account
under this subsection with respect to any qualifying child
shall not exceed $500. The amount of the credit allowed under
this subsection shall not be treated as a credit allowed under
this subpart and shall reduce the amount of credit otherwise
allowable under subsection (a) without regard to subsection
(b)(3).''.
(2) Conforming amendments.--
(A) Section 24(d) of such Code is amended by
striking paragraph (3).
(B) The heading for section 24(d) of such Code is
amended to read as follows: ``Additional Credit for
Certain Families.--''.
(d) Coordination With Federal Means-Tested Programs.--Section 24(d)
of the Internal Revenue Code of 1986, as amended by subsection (c), is
amended by adding at the end the following new paragraph:
``(3) Coordination with means-tested programs.--For
purposes of any benefits, assistance, or supportive services
under any Federal program or under any State or local program
financed, in whole or in part, with Federal funds, which
imposes income limitations on eligibility for such program, any
refund made to an individual (or the spouse of an individual)
by reason of this subsection shall not be treated as income
(and shall not be taken into account in determining resources
for the month of its receipt and the following month).''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Child Tax Credit Expansion and Equity Act - Amends the Internal Revenue Code to provide a phased-in increase ($1,000 as of 2006) of the child tax credit. Makes such credit partially refundable. Provides for coordination with Federal means-tested programs. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to expand the child tax credit."} | 1,148 | 59 | 0.50405 | 1.076112 | 0.406218 | 2.469388 | 20.918367 | 0.877551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Secret Service
Retirement Act of 2011''.
SEC. 2. AUTHORITY OF CERTAIN MEMBERS OF UNITED STATES SECRET SERVICE TO
ELECT COVERAGE UNDER DISTRICT OF COLUMBIA POLICE AND
FIREFIGHTER RETIREMENT SYSTEM.
(a) In General.--Subsection (b) of the Policemen and Firemen's
Retirement and Disability Act (sec. 5-703, D.C. Official Code) is
amended--
(1) by striking ``Whenever any member'' and inserting ``(1)
In general.--Whenever any member''; and
(2) by adding at the end the following new paragraph:
``(2) Coverage of Certain Other Employees of Secret Service.--
``(A) In general.--Paragraph (1) shall apply with respect
to a covered employee in the same manner as such paragraph
applies to an individual who is authorized to make a transfer
of funds under such paragraph, but only if--
``(i) not later than 60 days after receiving
notification of the transition cost associated with the
application of paragraph (1) to the covered employee
(as provided under section 2(b)(2) of the United States
Secret Service Retirement Act of 2011), the covered
employee provides a notification to the Director of the
United States Secret Service containing such
information and assurances as the Director may require;
``(ii) on or before the date the covered employee
provides a notification under clause (i), the employee
makes a lump sum payment in an amount equal to the
transition cost associated with the application of
paragraph (1) to the covered employee, in accordance
with section 2(c) of the United States Secret Service
Retirement Act of 2011; and
``(iii) the covered employee uses the account of
the covered employee in the Thrift Savings Fund as the
exclusive source of funds for making the lump sum
payment under clause (ii).
``(B) Adjustment to reflect social security contributions
and benefits.--In the case of a covered employee who authorizes
a transfer of funds under paragraph (1), such covered employee
shall be subject to the same deductions and shall be entitled
to the same benefits as provided for under paragraph (1),
subject to offset in accordance with section 103(e) of Public
Law 100-238 (5 U.S.C. 8334 note).
``(C) Covered employee defined.--In this paragraph, the
term `covered employee' means an individual who--
``(i) was appointed as an officer or member of the
United States Secret Service Division or the United
States Secret Service Uniformed Division during 1984,
1985, or 1986;
``(ii) has actively performed duties other than
clerical for 10 or more years directly related to the
protection mission of the United States Secret Service
described under section 3056 of title 18, United States
Code;
``(iii) is serving as an officer or member of the
United States Secret Service Division or the United
States Secret Service Uniformed Division (or any
successor entity) on the date of enactment of this
paragraph; and
``(iv) is participating in the Federal Employees'
Retirement System under chapter 84 of title 5, United
States Code, on the date of enactment of this
paragraph.''.
(b) Notifications.--
(1) Initial notification by secret service.--Not later than
30 days after the date of the enactment of this Act, the
Director of the United States Secret Service shall notify each
covered employee that the covered employee may execute an
election under this subsection to have paragraph (1) of
subsection (b) of the Policemen and Firemen's Retirement and
Disability Act (sec. 5-703, D.C. Official Code) apply with
respect to the covered employee.
(2) Notification of transition cost.--Not later than 15
days after determining the amount of the transition cost
associated with the application of paragraph (1) of subsection
(b) of the Policemen and Firemen's Retirement and Disability
Act (sec. 5-703, D.C. Official Code) to a covered employee (in
accordance with subsection (c)), the Director of the United
States Secret Service shall notify the covered employee of such
transition cost.
(c) Transition Cost.--
(1) Determination of amount.--The transition cost
associated with the application of paragraph (1) of subsection
(b) of the Policemen and Firemen's Retirement and Disability
Act to a covered employee is the amount by which--
(A) the estimated present value of the payments
which would be payable by the Federal Government to the
District of Columbia with respect to such employee
during the 11-fiscal year period beginning with the
fiscal year in which this Act is enacted if such
paragraph applies with respect to the covered employee,
exceeds
(B) the estimated present value of the benefits
which would be payable from the Civil Service
Retirement and Disability Fund with respect to such
employee during the 11-year period described in
subparagraph (A) if such paragraph does not apply with
respect to the covered employee.
(2) Determination.--Not later than 60 days after the date
of the enactment of this Act, the Director of the United States
Secret Service, in consultation with the Director of the Office
of Personnel Management and the Mayor of the District of
Columbia, shall determine the transition cost with respect to
each covered employee, by applying such assumptions and other
methodologies as the Director of the United States Secret
Service considers appropriate, consistent with generally
accepted actuarial practices and standards.
(3) Use of distribution from thrift savings plan for lump
sum payment.--
(A) In general.--For purposes of making the lump
sum payment required under paragraph (2) of subsection
(b) of the Policemen and Firemen's Retirement and
Disability Act, a covered employee shall, subject to
section 8435 of title 5, United States Code (to the
same extent and in the same manner as a withdrawal
under section 8433(h) of such title), direct the
Executive Director appointed under section 8474 of such
title to make a single withdrawal from the account of
the covered employee in the Thrift Savings Fund in an
amount equal to the transition cost associated with the
covered employee.
(B) Transfer to secret service.--Upon being
directed by a covered employee to make a withdrawal
under subparagraph (A), the Executive Director shall
transfer the amount of the withdrawal to the Director
of the United States Secret Service for deposit into
the Contributions for Annuity Benefits, United States
Secret Service appropriations account of the Department
of Homeland Security.
(C) Tax rollover treatment.--Notwithstanding
section 8433(c) (2), (3), and (4) of title 5, United
States Code, any transfer made under subparagraph (B)
shall be treated as a direct transfer described under
section 402(e)(6) of the Internal Revenue Code of 1986.
(d) Definition.--In subsections (b) and (c), a ``covered employee''
means an individual described in paragraph (2) of subsection (b) of the
Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C.
Official Code), as added by subsection (a).
SEC. 3. TREATMENT OF REEMPLOYED ANNUITANTS.
Section 8468 of title 5, United States Code, is amended by adding
at the end the following:
``(k)(1) For purposes of this section, the term `covered District
of Columbia retiree' means an individual who is receiving benefits
under the Policemen and Firemen's Retirement and Disability Act--
``(A) based in whole or in part on such individual's
service as an officer or member of the United States Secret
Service Division or the United States Secret Service Uniformed
Division; and
``(B) pursuant to an election, made under subsection (b)(2)
of such Act (sec. 5-703, D.C. Official Code), to transfer to
that retirement system from the retirement system under this
chapter.
``(2) If a covered District of Columbia retiree becomes employed in
an appointive or elective position (as referred to in subsection (a)),
an amount equal to the retirement benefits which are payable under the
Policemen and Firemen's Retirement and Disability Act and allocable to
the period of actual employment shall be deducted from the pay of the
reemployed retiree, to the same extent and in the same manner as if
those retirement benefits were an annuity under this chapter.
``(3) The Director of the Office of Personnel Management shall
prescribe any regulations necessary to carry out this subsection,
including regulations under which an employing agency shall accept the
certification of the appropriate official of the government of the
District of Columbia regarding the amount of retirement benefits being
paid to a covered District of Columbia retiree for a period during
which such retiree is employed in the position described in paragraph
(2).''.
SEC. 4. PAYGO COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | United States Secret Service Retirement Act of 2011 - Authorizes an individual who was appointed as an officer or member of the United States Secret Service Division or the United States Secret Service Uniformed Division during 1984, 1985, or 1986, who has actively performed duties other than clerical duties for 10 or more years directly related to the agency's protection mission, who is serving as an officer or member of the Secret Service Division or the Secret Service Uniformed Division, and who is participating in the Federal Employees' Retirement System (FERS) on the date of enactment of this Act, to file an election to be covered by the District of Columbia Police and Firefighters Retirement and Disability System in the same manner as officers and members appointed prior to 1984. Requires such individual to cover transition costs to such System by using amounts in his or her Thrift Savings Fund. | {"src": "billsum_train", "title": "To permit certain members of the United States Secret Service and certain members of the United States Secret Service Uniformed Division who were appointed in 1984, 1985, or 1986 to elect to be covered under the District of Columbia Police and Firefighter Retirement and Disability System in the same manner as members appointed prior to 1984."} | 2,051 | 184 | 0.63524 | 1.742581 | 0.682494 | 4.487654 | 11.901235 | 0.932099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insular Areas Consolidation Act of
1996''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Baker island.--The term ``Baker Island'' means all of
the islands and appurtenant reefs at the parallel of 0 degrees,
11 to 13 minutes, of latitude north of the Equator and at the
meridian of 176 degrees, 27 to 30 minutes, of longitude west of
Greenwich, England, and the territorial waters of the islands
and reefs.
(2) Howland island.--The term ``Howland Island'' means all
of the islands and appurtenant reefs at the parallel of 0
degrees, 46 to 50 minutes, of latitude north of the Equator and
at the meridian of 176 degrees, 37 to 39 minutes, of longitude
west of Greenwich, England, and the territorial waters of the
islands and reefs.
(3) Included area.--The term ``included area'' means the
area included in the State of Hawaii under section 3(a).
(4) Jarvis island.--The term ``Jarvis Island'' means all of
the islands and appurtenant reefs at the parallel of 0 degrees,
22 to 24 minutes, of latitude south of the Equator and at the
meridian of 160 degrees, 0 to 3 minutes, of longitude west of
Greenwich, England, and the territorial waters of the islands
and reefs.
(5) Johnston atoll.--The term ``Johnston Atoll'' means all
of the islands and appurtenant reefs at the parallel of 16
degrees, 40 to 48 minutes, of latitude north of the Equator and
at the meridian of 169 degrees, 24 to 36 minutes, of longitude
west of Greenwich, England, and the territorial waters of the
islands and reefs.
(6) Kingman reef.--The term ``Kingman Reef'' means all of
the territory and appurtenant reefs at the parallel of 6
degrees, 22 to 27 minutes, of latitude north of the Equator and
at the meridian of 162 degrees, 22 to 25 minutes, of longitude
west of Greenwich, England, and the territorial waters of the
islands and reefs.
(7) Midway islands.--The term ``Midway Islands'' means all
of the islands and appurtenant reefs at the parallel of 28
degrees, 10 to 18 minutes, of latitude north of the Equator and
at the meridian of 177 degrees, 16 to 28 minutes, of longitude
west of Greenwich, England, and the territorial waters of the
islands and reefs.
(8) Palmyra atoll.--The term ``Palmyra Atoll'' means all of
the islands and appurtenant reefs at the parallel of 5 degrees,
51 to 54 minutes, of latitude north of the Equator and at the
meridian of 162 degrees, 0 to 11 minutes, of longitude west of
Greenwich, England, and the territorial waters of the islands
and reefs.
SEC. 3. ADDITIONS TO STATE OF HAWAII.
(a) In General.--The State of Hawaii shall include Baker Island,
Jarvis Island, Howland Island, Johnston Atoll, Kingman Reef, the Midway
Islands, and Palmyra Atoll.
(b) Jurisdiction.--The included area shall be subject to the
jurisdiction of the State of Hawaii to the same extent as and in the
same manner that the jurisdiction of the State applies to all other
areas within the State.
(c) Rights of United States.--The inclusion of the included area in
the State of Hawaii under this section shall be subject to all rights
of use, ownership, management, and operation by the Government of the
United States that exist on the date of enactment of this Act.
SEC. 4. CONFORMING AMENDMENTS.
(a) Hawaii Statehood Act.--Section 2 of the Act entitled ``An Act
to provide for the admission of the State of Hawaii into the Union'',
approved March 18, 1959 (Public Law 86-3; 48 U.S.C. prec. 491), is
amended by striking all that follows ``enactment of this Act'' and
inserting a period.
(b) Exemption From Provisions Relating to the Guano Islands.--Title
LXXII of the Revised Statutes (48 U.S.C. 1411 et seq.) shall not apply
to the included area.
SEC. 5. ACCEPTANCE BY STATE OF HAWAII.
(a) Acceptance by State of Hawaii.--Sections 3 and 4 shall not take
effect unless not later than 1 year after the date of enactment of this
Act (unless the Secretary of the Interior and the Governor of the State
of Hawaii agree to an extension), the Governor of the State of Hawaii
certifies to the President that the State of Hawaii accepts all or part
of the included area.
(b) Proclamation by the President.--Not later than 30 days after
receiving the certification described in subsection (a), the President
shall issue a proclamation of the new geographical jurisdiction of the
State of Hawaii.
(c) Effective Date.--Sections 3 and 4 shall take effect on the
issuance of the proclamation described in subsection (b).
SEC. 6. USE OF INCLUDED AREA.
Nothing in this Act authorizes, approves, or suggests the
appropriateness of any change in the use that is being made on the date
of enactment of this Act of any of the included area.
SEC. 7. INDEMNITY.
The United States shall indemnify, defend, and hold harmless the
State of Hawaii from any claim arising from the ownership of lands and
waters in the included area (including structures and other
improvements) or the operation by the United States of any facilities
or equipment in the included area before the date of issuance of the
proclamation described in subsection (b). | Insular Areas Consolidation Act of 1996 - Includes named areas as additions to the State of Hawaii. | {"src": "billsum_train", "title": "Insular Areas Consolidation Act of 1996"} | 1,376 | 25 | 0.475157 | 1.113614 | 0.383512 | 2.777778 | 63.277778 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Persian Gulf War Veterans Health and
Services Enhancement Act''.
SEC. 2. TOLL-FREE HOTLINE FOR PERSIAN GULF WAR VETERAN HEALTH
INFORMATION.
(a) In General.--The Secretary of Veterans Affairs shall maintain
an information system involving the use of a toll-free telephone number
to provide veterans of the Persian Gulf War and their family members
(and other members of the public at the Secretary's discretion) with
information regarding the following:
(1) The Persian Gulf War Veterans Health Registry
established by the Persian Gulf War Veterans' Health Status Act
(38 U.S.C. 527 note).
(2) Access to health services and health-related benefits
provided by or under the auspices of the Department of Veterans
Affairs, including--
(A) marriage and family counseling available under
section 121 of the Veterans' Medical Programs
Amendments of 1992 (38 U.S.C. 1712A note);
(B) health care available under section
1710(e)(1)(C) of title 38, United States Code; and
(C) health examinations, consultation, and
counseling available under section 703 of the Persian
Gulf War Veterans' Health Status Act (38 U.S.C. 527
note).
(3) Compensation and benefits related to disabilities
resulting from service in the Persian Gulf War, including
disabilities resulting from illness that resulted from such
service.
(4) Significant developments in research relating to the
health consequences of service in the Persian Gulf War.
(5) Any other information that the Secretary determines to
be appropriate.
(b) Date of Establishment of Information System.--The Secretary of
Veterans Affairs shall establish the information system required by
subsection (a) not later than 90 days after the date of the enactment
of this Act.
SEC. 3. OUTREACH TO VETERANS OF PERSIAN GULF WAR.
Section 702(f) of the Persian Gulf War Veterans' Health Status Act
(38 U.S.C. 527 note) is amended to read as follows:
``(f) Ongoing Outreach to Individuals Listed in Registry.--
``(1) In general.--The Secretary of Veterans Affairs shall
notify each individual listed in the Registry, or, in the case
of such an individual who is deceased, the surviving spouse,
children, or parents of such individual, at least quarterly, by
newsletter or by other means that the Secretary determines to
be appropriate, of--
``(A) the status and findings of federally
sponsored research relating to the illnesses of
individuals who served as members of the Armed Forces
in the Persian Gulf theater of operations during the
Persian Gulf War or to the illnesses of the family
members of such individuals;
``(B) compensation and benefits, including health
care and other health-related benefits, that may be
provided by the Department of Veterans Affairs or the
Department of Defense to an individual who served as a
member of the Armed Forces in the Persian Gulf theater
of operations during the Persian Gulf War or, in the
case of such an individual who is deceased, to the
surviving spouse, children, or parents of such an
individual; and
``(C) any other information that the Secretary
determines to be appropriate.
``(2) Consultation with veterans service organizations.--In
preparing the newsletter or other means used to conduct the
notification required by paragraph (1), the Secretary of
Veterans Affairs shall consult with veterans' service
organizations.
``(3) Date that quarterly notifications begin.--The
Secretary of Veterans Affairs shall make the first of the
periodic notifications required by paragraph (1) not later than
90 days after the date of the enactment of the Persian Gulf War
Veterans Health and Services Enhancement Act.''.
SEC. 4. EXTENSION OF AUTHORITY TO PROVIDE PRIORITY HEALTH CARE TO
VETERANS OF THE PERSIAN GULF WAR.
(a) Hospital and Nursing Home Care.--Section 1710(e)(3) of title
38, United States Code, is amended by striking ``December 31, 1994''
and inserting ``December 31, 1998''.
(b) Outpatient Care.--Section 1712(a)(1)(D) of title 38, United
States Code, is amended by striking ``December 31, 1994'' and inserting
``December 31, 1998''.
SEC. 5. EXTENSION OF MARRIAGE AND FAMILY COUNSELING AVAILABILITY FOR
PERSIAN GULF WAR VETERANS.
(a) In General.--Section 121(a) of the Veterans' Medical Programs
Amendments of 1992 (38 U.S.C. 1712A note) is amended by striking
``September 30, 1994'' and inserting ``December 31, 1998''.
(b) Authorization of Appropriations.--Section 121(g) of the
Veterans' Medical Programs Amendments of 1992 (38 U.S.C. 1712A note) is
amended by striking ``and 1994'' and inserting ``through 1999''. | Persian Gulf War Veterans Health and Services Enhancement Act - Directs the Secretary of Veterans Affairs to maintain an information system involving the use of a toll-free telephone number to provide Persian Gulf War veterans and their families (and members of the public at the Secretary's discretion) with information regarding: (1) the Persian Gulf War Veterans Health Registry; (2) access to Department of Veterans Affairs health services and benefits; (3) compensation and benefits relating to disabilities resulting from service in the Persian Gulf War (War); and (4) significant developments in research related to health consequences from such service.
Amends the Persian Gulf War Veterans' Health Status Act to direct the Secretary to notify such veterans, or, if deceased, the veteran's surviving spouse, children, or parents at least quarterly concerning research findings, compensation and benefits, and other appropriate matters relating to service by veterans in the War.
Extends through December 31, 1998, the authority of the Department to provide hospital, nursing home, and outpatient care to veterans of the War.
Amends the Veterans' Medical Program Amendments of 1992 to extend through December 31, 1998, the authority of the Secretary to furnish marriage and family counseling to such veterans. Extends through FY 1999 the authorization of appropriations for such counseling. | {"src": "billsum_train", "title": "Persian Gulf War Veterans Health and Services Enhancement Act"} | 1,121 | 266 | 0.737152 | 2.211131 | 0.826799 | 4.18254 | 3.869048 | 0.936508 |
SECTION 1. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--Subchapter I of chapter 311 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 31109. Over-the-road bus security grant program
``(a) In General.--
``(1) Fund established.--The Secretary of the Treasury
shall establish an Over-the-road Bus Security Fund account in
the Treasury into which the Secretary of the Transportation
shall deposit amounts appropriated under paragraph (2).
``(2) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of
Transportation $200,000,000 for fiscal year 2002, and
$200,000,000 for fiscal year 2003, for deposit into the account
established under paragraph (1). Amounts deposited into the
account shall remain available until expended.
``(b) Grant Program.--Without further appropriation, amounts in the
Over-the-road Bus Security Fund account are available to the Secretary
of Transportation for direct grants to persons engaged in the business
of providing over-the-road bus transportation for system-wide security
upgrades, including the reimbursement of extraordinary security-related
costs determined by the Secretary to have been incurred by such
operators since September 11, 2001, including--
``(1) establishing an emergency communications and
notification system linked to law enforcement or emergency
response personnel;
``(2) protecting or isolating the driver;
``(3) implementing and operating passenger screening
programs at terminals and on over-the-road buses (as defined in
section 3038(a)(3) of the Transportation Equity Act for the
21st Century (49 U.S.C. 5310 nt));
``(4) 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;
``(5) constructing or modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
``(6) training employees in recognizing and responding to
terrorist threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
``(7) hiring and training security officers;
``(8) installing cameras and video surveillance equipment
on over-the-road buses and at terminals, garages and over-the-
road bus facilities; and
``(9) creating a program for employee identification and
background investigation.
``(c) Applications.--To receive a grant under subsection (b), an
applicant shall submit an application, at such time, in such manner, in
such form, and containing such information, as the Secretary may
require, and a plan that meets the requirements of subsection (c) for
the project to be funded, in whole or in part, by the grant.
``(d) Plan Required.--The Secretary may not make a grant under
subsection (b) for a system-wide security upgrade project until the
applicant has submitted to the Secretary, and the Secretary has
approved, a plan for the project, and the applicant has submitted to
the Secretary such additional information as the Secretary may require
in order to ensure full accountability for the obligation or
expenditure of grant amounts.
``(e) Federal Standards.--Section 5333 of this title applies to any
work financed with a grant under this section to the same extent as if
it were financed with a grant under chapter 53 of this title. The
application of that section does not affect or discharge any other
responsibility of the Secretary under this title with respect to work
financed by a grant under this section.''.
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 311 of title 49,
United States Code, is amended--
(A) by striking ``state'' in the heading for
subchapter I; and
(B) by inserting after the item relating to section
31108 the following:
``31109. Over-the-road bus security grant program.''.
SEC. 2. BUS SECURITY RECOMMENDATIONS.
(a) In General.--The Secretary of Transportation may use not less
than $3,000,000 and not more than $5,000,000 of the amounts deposited
in the Over-the-road Bus Security Fund account established under
section 31109 of title 49, United States Code, for research and
development of security recommendations for over-the-road buses (as
defined in section 3038(a)(3) of the Transportation Equity Act for the
21st Century (49 U.S.C. 5310 nt)), including--
(1) a review of actions already taken to address identified
security issues by both public and private entities;
(2) research on engine shut-off mechanisms, chemical and
biological weapon detection technology, and the feasibility of
compartmentalization of the driver; and
(3) compilation, review, and dissemination of industry best
practices.
(b) 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. | Amends Federal transportation law to direct the Secretary of the Treasury to establish an Over-the-road Bus Security Fund in the Treasury, with amounts available to the Secretary of Transportation (Secretary) for direct grants to persons engaged in the business of providing over-the-road bus transportation for specified system-wide security upgrades, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001.Limits to between $3 million and $5 million the amount of deposits in the Security Fund which the Secretary may use for research and development of security recommendations for over-the-road buses, including: (1) a review of actions already taken to address identified security issues by both public and private entities; (2) research on engine shut-off mechanisms, chemical and biological weapon detection technology, and the feasibility of compartmentalization of the driver; and (3) compilation, review, and dissemination of industry best practices.Requires the Secretary to consult with over-the-road bus management and labor representatives, public safety and law enforcement officials, and the National Academy of Sciences. | {"src": "billsum_train", "title": "A bill to authorize grants to improve security on over-the-road buses."} | 1,116 | 220 | 0.630442 | 1.992434 | 0.776088 | 7.109005 | 5.052133 | 0.957346 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Twenty-First Century Distance
Learning Enhancement Act''.
SEC. 2. EDUCATIONAL USE COPYRIGHT EXEMPTION.
(a) Exemption of Certain Performances and Displays for Educational
Uses.--Section 110 of title 17, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) except with respect to a work produced or marketed
primarily for performance or display as part of mediated
instructional activities transmitted via digital networks, or a
performance or display that is given by means of a copy or
phonorecord that is not lawfully made and acquired under this
title, and the transmitting government body, accredited
nonprofit educational institution, or nonprofit library knew or
had reason to believe was not lawfully made and acquired, the
performance of a nondramatic literary or musical work or
reasonable and limited portions of any other work, or display
of a work in an amount comparable to that which is typically
displayed in the course of a live classroom session, by or in
the course of a transmission, if--
``(A) the performance or display is made by, at the
direction of, or under the actual supervision of an
instructor as an integral part of a class session
offered as a regular part of the systematic mediated
instructional activities of a governmental body, an
accredited nonprofit educational institution, or a
nonprofit library;
``(B) the performance or display is directly
related and of material assistance to the teaching
content of the transmission;
``(C) the transmission is made solely for, and, to
the extent technologically feasible, the reception of
such transmission is limited to--
``(i) students officially enrolled in the
course for which the transmission is made; or
``(ii) officers or employees of
governmental bodies as a part of their official
duties or employment; and
``(D) the transmitting body or institution--
``(i) institutes policies regarding
copyright, provides informational materials to
faculty, students, and relevant staff members
that accurately describe, and promote
compliance with, the laws of the United States
relating to copyright, and provides notice to
students that materials used in connection with
the course may be subject to copyright
protection; and
``(ii) in the case of digital
transmissions--
``(I) applies technological
measures that, in the ordinary course
of their operations, prevent--
``(aa) retention of the
work in accessible form by
recipients of the transmission
from the transmitting body or
institution for longer than the
class session; and
``(bb) unauthorized further
dissemination of the work in
accessible form by such
recipients to others; and
``(II) does not engage in conduct
that could reasonably be expected to
interfere with technological measures
used by copyright owners to prevent
such retention or unauthorized further
dissemination;''; and
(2) by adding at the end the following:
``In paragraph (2), the term `mediated instructional
activities' with respect to the performance or display of a
work by digital transmission under this section refers to
activities that use such work as an integral part of the class
experience, controlled by or under the actual supervision of
the instructor and analogous to the type of performance or
display that would take place in a live classroom setting. The
term does not refer to activities that use, in 1 or more class
sessions of a single course, such works as textbooks, course
packs, or other material in any media, copies or phonorecords
of which are typically purchased or acquired by the students in
higher education for their independent use and retention or are
typically purchased or acquired for elementary and secondary
students for their possession and independent use.
``For purposes of paragraph (2), accreditation--
``(A) with respect to an institution providing
post-secondary education, shall be as determined by a
regional or national accrediting agency recognized by
the Council on Higher Education Accreditation or the
United States Department of Education; and
``(B) with respect to an institution providing
elementary or secondary education, shall be as
recognized by the applicable state certification or
licensing procedures.
``For purposes of paragraph (2), no governmental body,
accredited nonprofit educational institution, or nonprofit
library shall be liable for infringement by reason of the
transient or temporary storage of material carried out through
the automatic technical process of a digital transmission of
the performance or display of that material as authorized under
paragraph (2). No such material stored on the system or network
controlled or operated by the transmitting body or institution
under this paragraph shall be maintained on such system or
network in a manner ordinarily accessible to anyone other than
anticipated recipients. No such copy shall be maintained on the
system or network in a manner ordinarily accessible to such
anticipated recipients for a longer period than is reasonably
necessary to facilitate the transmissions for which it was
made.''.
(b) Ephemeral Recordings.--
(1) In general.--Section 112 of title 17, United States
Code, is amended--
(A) by redesignating subsection (f) as subsection
(g); and
(B) by inserting after subsection (e) the
following:
``(f)(1) Notwithstanding the provisions of section 106, and without
limiting the application of subsection (b), it is not an infringement
of copyright for a governmental body, nonprofit educational
institution, or nonprofit library entitled under section 110(2) to
transmit a performance or display to make copies or phonorecords of a
work that is in digital form and, solely to the extent permitted in
paragraph (2), of a work that is in analog form, embodying the
performance or display to be used for making transmissions authorized
under section 110(2), if--
``(A) such copies or phonorecords are retained and used
solely by the body or institution that made them, and no
further copies or phonorecords are reproduced from them, except
as authorized under section 110(2); and
``(B) such copies or phonorecords are used solely for
transmissions authorized under section 110(2).
``(2) This subsection does not authorize the conversion of print or
other analog versions of works into digital formats, except that such
conversion is permitted hereunder, only with respect to the amount of
such works authorized to be performed or displayed under section
110(2), if--
``(A) no digital version of the work is available to the
institution; or
``(B) the digital version of the work that is available to
the institution is subject to technological protection measures
that prevent its use for section 110(2).''.
(2) Technical and conforming amendment.--Section 802(c) of
title 17, United States Code, is amended in the third sentence
by striking ``section 112(f)'' and inserting ``section
112(g)''. | Twenty-First Century Distance Learning Enhancement Act - Revises Federal copyright law to extend the exemption from infringement liability for instructional broadcasting to: (1) digital distance learning or distance education; and (2) nonprofit libraries (as well as governmental bodies and accredited nonprofit educational institutions, as at present). Excludes from such exemption (thus subjecting to infringement liability) any work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display given by means of a copy or phonorecord that is not lawfully made and acquired, and the transmitting government body, accredited nonprofit educational institution, or nonprofit library knew or had reason to believe was not lawfully made and acquired. Allows under specified instructional conditions the performance and display of reasonable and limited portions of any copyrighted work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission.Exempts from infringement liability, under specified conditions, governmental bodies, accredited nonprofit educational institutions, and nonprofit libraries by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material.Extends the current ephemeral recording exemption, under specified conditions, to copies or phonorecords embodying a performance or display in digital and analog form for use in making transmissions authorized by this Act. | {"src": "billsum_train", "title": "To amend chapter 1 of title 17, United States Code, relating to the exemption of certain performances or displays for educational uses from copyright infringement provisions, to provide that the making of copies or phonorecords of such performances or displays is not an infringement under certain circumstances, and for other purposes."} | 1,493 | 319 | 0.714351 | 2.150195 | 0.940405 | 4.869888 | 5.394052 | 0.892193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient and Physician Safety and
Protection Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Federal Government, through the medicare program,
pays approximately $8,000,000,000 per year solely to train
resident-physicians in the United States, and as a result, has
an interest in assuring the safety of patients treated by
resident-physicians and the safety of resident-physicians
themselves.
(2) Resident-physicians spend as much as 30 to 40 percent
of their time performing activities not related to the
educational mission of training competent physicians.
(3) The excessive numbers of hours worked by resident-
physicians is inherently dangerous for patient care and for the
lives of resident-physicians.
(4) The scientific literature has consistently demonstrated
that the sleep deprivation of the magnitude seen in residency
training programs leads to cognitive impairment.
(5) A substantial body of research indicates that excessive
hours worked by resident-physicians lead to higher rates of
medical error, motor vehicle accidents, depression, and
pregnancy complications.
(6) The medical community has not adequately addressed the
issue of excessive resident-physician work hours.
(7) The Federal Government has regulated the work hours of
other industries when the safety of employees or the public is
at risk.
(8) The Institute of Medicine has found that as many as
98,000 deaths occur annually due to medical errors and has
suggested that 1 necessary approach to reducing errors in
hospitals is reducing the fatigue of resident-physicians.
SEC. 3. REVISION OF MEDICARE HOSPITAL CONDITIONS OF PARTICIPATION
REGARDING WORKING HOURS OF MEDICAL RESIDENTS, INTERNS,
AND FELLOWS.
(a) In General.--Section 1866 of the Social Security Act (42 U.S.C.
1395cc) is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph
(R);
(B) by striking the period at the end of
subparagraph (S) and inserting ``, and''; and
(C) by inserting after subparagraph (S) the
following new subparagraph:
``(T) in the case of a hospital that uses the services of
postgraduate trainees (as defined in subsection (j)(4)), to
meet the requirements of subsection (j).''; and
(2) by adding at the end the following new subsection:
``(j)(1)(A) In order that the working conditions and working hours
of postgraduate trainees promote the provision of quality medical care
in hospitals, as a condition of participation under this title, each
hospital shall establish the following limits on working hours for
postgraduate trainees:
``(i) Subject to subparagraphs (B) and (C), postgraduate
trainees may work no more than a total of 24 hours per shift.
``(ii) Subject to subparagraph (C), postgraduate trainees
may work no more than a total of 80 hours per week.
``(iii) Subject to subparagraph (C), postgraduate
trainees--
``(I) shall have at least 10 hours between
scheduled shifts;
``(II) shall have at least 1 full day out of every
7 days off and 1 full weekend off per month;
``(III) subject to subparagraph (B), who are
assigned to patient care responsibilities in an
emergency department shall work no more than 12
continuous hours in that department;
``(IV) shall not be scheduled to be on call in the
hospital more often than every third night; and
``(V) shall not engage in work outside of the
educational program that interferes with the ability of
the postgraduate trainee to achieve the goals and
objectives of the program or that, in combination with
the program working hours, exceeds 80 hours per week.
``(B)(i) Subject to clause (ii), the Secretary shall promulgate
such regulations as may be necessary to ensure quality of care is
maintained during the transfer of direct patient care from 1
postgraduate trainee to another at the end of each shift.
``(ii) Such regulations shall ensure that, except in the case of
individual patient emergencies, the period in which a postgraduate
trainee is providing for the transfer of direct patient care (as
referred to in clause (i)) does not extend such trainee's shift by more
than 3 hours beyond the 24-hour period referred to in subparagraph
(A)(i) or the 12-hour period referred to in subparagraph (A)(iii)(III),
as the case may be.
``(C) The work hour limitations under subparagraph (A) and
requirements of subparagraph (B) shall not apply to a hospital during a
state of emergency declared by the Secretary that applies with respect
to that hospital.
``(2) The Secretary shall promulgate such regulations as may be
necessary to monitor and supervise postgraduate trainees assigned
patient care responsibilities as part of an approved medical training
program, as well as to assure quality patient care.
``(3) Each hospital shall inform postgraduate trainees of--
``(A) their rights under this subsection, including methods
to enforce such rights (including so-called whistle-blower
protections); and
``(B) the effects of their acute and chronic sleep
deprivation both on themselves and on their patients.
``(4) For purposes of this subsection, the term `postgraduate
trainee' means a postgraduate medical resident, intern, or fellow.''.
(b) Designation.--
(1) In general.--The Secretary of Health and Human Services
(in this subsection referred to as the ``Secretary'') shall
designate an individual within the Department of Health and
Human Services to handle all complaints of violations that
arise from a postgraduate trainee (as defined in paragraph (4)
of section 1886(j) of the Social Security Act, as added by
subsection (a)) who reports that the hospital operating the
medical residency training program for which the trainee is
enrolled is in violation of the requirements of such section.
(2) Grievance rights.--A postgraduate trainee may file a
complaint with the Secretary concerning a violation of the
requirements under such section 1886(j). Such a complaint may
be filed anonymously. The Secretary may conduct an
investigation and take such corrective action with respect to
such a violation.
(3) Enforcement.--
(A) Civil money penalty enforcement.--Subject to
subparagraph (B), any hospital that violates the
requirements under such section 1886(j) is subject to a
civil money penalty not to exceed $100,000 for each
medical residency training program operated by the
hospital in any 6-month period. The provisions of
section 1128A of the Social Security Act (other than
subsections (a) and (b)) shall apply to civil money
penalties under this paragraph in the same manner as
they apply to a penalty or proceeding under section
1128A(a) of such Act.
(B) Corrective action plan.--The Secretary shall
establish procedures for providing a hospital that is
subject to a civil monetary penalty under subparagraph
(A) with an opportunity to avoid such penalty by
submitting an appropriate corrective action plan to the
Secretary.
(4) Disclosure of violations and annual reports.--The
individual designated under paragraph (1) shall--
(A) provide for annual anonymous surveys of
postgraduate trainees to determine compliance with the
requirements under such section 1886(j) and for the
disclosure of the results of such surveys to the public
on a medical residency training program specific basis;
(B) based on such surveys, conduct appropriate on-
site investigations;
(C) provide for disclosure to the public of
violations of and compliance with, on a hospital and
medical residency training program specific basis, such
requirements; and
(D) make an annual report to Congress on the
compliance of hospitals with such requirements,
including providing a list of hospitals found to be in
violation of such requirements.
(c) Whistleblower Protections.--
(1) In general.--A hospital covered by the requirements of
section 1866(j) of the Social Security Act, as added by
subsection (a), shall not penalize, discriminate, or retaliate
in any manner against an employee with respect to compensation,
terms, conditions, or privileges of employment, who in good
faith (as defined in paragraph (2)), individually or in
conjunction with another person or persons--
(A) reports a violation or suspected violation of
such requirements to a public regulatory agency, a
private accreditation body, or management personnel of
the hospital;
(B) initiates, cooperates, or otherwise
participates in an investigation or proceeding brought
by a regulatory agency or private accreditation body
concerning matters covered by such requirements;
(C) informs or discusses with other employees, with
a representative of the employees, with patients or
patient representatives, or with the public, violations
or suspected violations of such requirements; or
(D) otherwise avails himself or herself of the
rights set forth in such section or this subsection.
(2) Good faith defined.--For purposes of this subsection,
an employee is deemed to act ``in good faith'' if the employee
reasonably believes--
(A) that the information reported or disclosed is
true; and
(B) that a violation has occurred or may occur.
(d) Effective Date.--The amendments made by subsection (a) shall
take effect on the first July 1 that begins at least 1 year after the
date of enactment of this Act.
SEC. 4. ADDITIONAL FUNDING FOR HOSPITAL COSTS.
There are hereby appropriated to the Secretary of Health and Human
Services such amounts as may be required to provide for additional
payments to hospitals for their reasonable additional, incremental
costs incurred in order to comply with the requirements imposed by this
Act (and the amendments made by this Act). | Patient and Physician Safety and Protection Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require a participating hospital that uses the services of postgraduate trainees to limit their working hours to specified schedules.Directs the Secretary of Health and Human Services to promulgate regulations to monitor and supervise postgraduate trainees assigned patient care responsibilities as part of an approved medical training program, as well as to assure patient quality care.Prescribes whistleblower protections for employees who in good faith report violations of working hour limits.Makes appropriations to the Secretary to provide for additional payments to hospitals for their reasonable additional, incremental costs of compliance with this Act. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to reduce the work hours and increase the supervision of resident-physicians to ensure the safety of patients and resident-physicians themselves."} | 2,172 | 151 | 0.424945 | 1.272447 | 0.566747 | 4.216 | 16.336 | 0.904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Spyware (I-SPY) Prevention
Act of 2005''.
SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVITIES RELATING TO
COMPUTERS.
(a) In General.--Chapter 47 of title 18, is amended by inserting
after section 1030 the following:
``Sec. 1030A. Illicit indirect use of protected computers
``(a) Whoever intentionally accesses a protected computer without
authorization, or exceeds authorized access to a protected computer, by
causing a computer program or code to be copied onto the protected
computer, and intentionally uses that program or code in furtherance of
another Federal criminal offense shall be fined under this title or
imprisoned not more than 5 years, or both.
``(b) Whoever intentionally accesses a protected computer without
authorization, or exceeds authorized access to a protected computer, by
causing a computer program or code to be copied onto the protected
computer, and by means of that program or code--
``(1) intentionally obtains, or transmits to another,
personal information with the intent to defraud or injure a
person or cause damage to a protected computer; or
``(2) intentionally impairs the security protection of the
protected computer with the intent to defraud or injure a
person or damage a protected computer;
shall be fined under this title or imprisoned not more than 2 years, or
both.
``(c) No person may bring a civil action under the law of any State
if such action is premised in whole or in part upon the defendant's
violating this section. For the purposes of this subsection, the term
`State' includes the District of Columbia, Puerto Rico, and any other
territory or possession of the United States.
``(d) As used in this section--
``(1) the terms `protected computer' and `exceeds
authorized access' have, respectively, the meanings given those
terms in section 1030; and
``(2) the term `personal information' means--
``(A) a first and last name;
``(B) a home or other physical address, including
street name;
``(C) an electronic mail address;
``(D) a telephone number;
``(E) a Social Security number, tax identification
number, drivers license number, passport number, or any
other government-issued identification number; or
``(F) a credit card or bank account number or any
password or access code associated with a credit card
or bank account.
``(e) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or of an intelligence agency of the United
States.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 47 of title 18, is amended by inserting after the item
relating to section 1030 the following new item:
``1030A. Illicit indirect use of protected computers.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
In addition to any other sums otherwise authorized to be
appropriated for this purpose, there are authorized to be appropriated
for each of fiscal years 2006 through 2009, the sum of $10,000,000 to
the Attorney General for prosecutions needed to discourage the use of
spyware and the practices commonly called phishing and pharming.
SEC. 4. FINDINGS AND SENSE OF CONGRESS CONCERNING THE ENFORCEMENT OF
CERTAIN CYBERCRIMES.
(a) Findings.--Congress makes the following findings:
(1) Software and electronic communications are increasingly
being used by criminals to invade individuals' and businesses'
computers without authorization.
(2) Two particularly egregious types of such schemes are
the use of spyware and phishing scams.
(3) These schemes are often used to obtain personal
information, such as bank account and credit card numbers,
which can then be used as a means to commit other types of
theft.
(4) In addition to the devastating damage that these
heinous activities can inflict on individuals and businesses,
they also undermine the confidence that citizens have in using
the Internet.
(5) The continued development of innovative technologies in
response to consumer demand is crucial in the fight against
spyware.
(b) Sense of Congress.--Because of the serious nature of these
offenses, and the Internet's unique importance in the daily lives of
citizens and in interstate commerce, it is the sense of Congress that
the Department of Justice should use the amendments made by this Act,
and all other available tools, vigorously to prosecute those who use
spyware to commit crimes and those that conduct phishing and pharming
scams.
Passed the House of Representatives May 23, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Internet Spyware (I-SPY) Prevention Act of 2005 - (Sec. 2) Amends the federal criminal code to prohibit intentionally accessing a protected computer without authorization, or exceeding authorized access, by causing a computer program or code to be copied onto the protected computer and intentionally using that program or code: (1) in furtherance of another federal criminal offense; (2) to obtain or transmit personal information (including a Social Security number or other government-issued identification number, a bank or credit card number, or an associated password or access code) with intent to defraud or injure a person or cause damage to a protected computer; or (3) to impair the security protection of that computer.
Prohibits any person from bringing a civil action under state law premised upon the defendant's violating this Act.
Provides that this Act does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or a U.S. intelligence agency.
(Sec. 3) Authorizes appropriations to the Attorney General for prosecutions needed to discourage the use of spyware and the practices commonly called phishing and pharming.
(Sec. 4) Expresses the sense of Congress that the Department of Justice should vigorously prosecute those who use spyware to commit crimes and those that conduct phishing or pharming scams. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to discourage spyware, and for other purposes."} | 1,111 | 306 | 0.656787 | 2.0019 | 0.867344 | 4.793651 | 3.964286 | 0.952381 |
SECTION 1. REDUCTION IN REQUIRED PREMIUMS TO COMBINED FUND BY EXCESS
SURPLUS IN FUND.
(a) In General.--Paragraph (3) of section 9704(e) of the Internal
Revenue Code of 1986 (relating to shortfalls and surpluses) is amended
to read as follows:
``(3) Shortfalls and surpluses.--
``(A) Determinations.--
``(i) In general.--Subject to the
provisions of clause (iv), the trustees of the
Combined Fund shall, as of the close of each
plan year beginning on or after October 1,
1993--
``(I) determine any shortfall or
surplus in any premium account
established under paragraph (1) and, to
the maximum extent possible, reduce or
eliminate any shortfall in any such
account by transferring amounts to it
from any surplus in any other such
account, and
``(II) determine, after any
transfers under subclause (I), the
aggregate shortfall or surplus in the
Combined Fund, taking into account all
receipts of any kind during the plan
year from all sources.
``(ii) Determinations made on cash flow
basis.--
``(I) In general.--Subject to the
provisions of subclause (II) and clause
(iii), any determination under clause
(i) for any plan year shall be
determined under the cash receipts and
disbursements method of accounting,
taking into account only receipts and
disbursements for the plan year.
``(II) Certain prior year
surpluses.--For purposes of applying
subclause (I) for any plan year, any
surplus determined under subparagraph
(A)(i)(II) as of the close of the
preceding plan year, including any
portion used as provided in
subparagraph (B), shall be treated as
received in the Combined Fund as of the
beginning of the plan year.
``(iii) Disregard of transferred amounts.--
For purposes of this subparagraph--
``(I) no amount transferred to the
Combined Fund under section 9705, and
no disbursements made from such amount,
shall be taken into account in making
any determination under subparagraph
(A) for the plan year of the transfer
or any subsequent plan year, and
``(II) any amount in a premium
account which was transferred to the
Combined Fund under section 9705 may
not be transferred to another account
under clause (i)(I).
``(iv) Special rule for 1994.--In the case
of the plan year ending September 30, 1994, the
determinations under subparagraph (A) shall be
made for the period beginning February 1, 1993,
and ending September 30, 1994.
``(B) Treatment of surplus.--
``(i) Nonpremium adjustments.--Any surplus
determined under subparagraph (A)(i)(II) for
any plan year shall be used first for purposes
of the carryover under section 9703(b)(2)(C),
but only to the extent the amount of such
carryover does not exceed 10 percent of the
benefits and administrative costs paid by the
Combined Fund during the plan year (determined
without regard to benefits paid from transfers
under section 9705).
``(ii) Premium adjustments.--The annual
premium for any plan year for each assigned
operator which is not a 1988 agreement operator
shall be reduced by an amount which bears the
same ratio to the surplus determined under
subparagraph (A)(i)(II) for the preceding plan
year (reduced as provided under clause (i))
as--
``(I) such assigned operator's
applicable percentage (expressed as a
whole number), bears to
``(II) the sum of the applicable
percentages (expressed as whole
numbers) of all assigned operators
which are not 1988 agreement operators.
The reduction in any annual premium under this
clause shall be allocated to the premium
accounts established under paragraph (1) in the
same manner as the annual premium would have
been allocated without regard to this clause,
and in the case of assigned operators which
sought protection under title 11 of the United
States Code before October 24, 1992, without
regard to section 9706(b)(1)(A).
``(C) Shortfalls.--If a shortfall is determined
under subparagraph (A)(i)(II) for any plan year, the
annual premium for each assigned operator shall be
increased by an amount equal to such assigned
operator's applicable percentage of the shortfall. Any
increase under this subparagraph shall be allocated to
each premium account with a shortfall.
``(D) No authority for increase.--Nothing in this
paragraph shall be construed to allow expenditures for
health care benefits in any plan year in excess of the
limit under section 9703(b)(2).
``(E) Special rule for 1995.--In the case of the
plan year beginning October 1, 1994, the adjustment
under subparagraph (B) shall be made effective as of
such date and any assigned operator which receives a
reduction in premiums under subparagraph (B) shall be
entitled to a credit to the extent it has paid, taking
the reduction into account, excessive premiums during
plan year.''
(b) Amount of Per Beneficiary Premium.--Paragraph (2) of section
9704(b) of the Internal Revenue Code of 1986 (defining per beneficiary
premium) is amended--
(1) by striking subparagraph (A) and inserting:
``(A) $2,116.67, plus'', and
(2) by striking ``the amount determined under subparagraph
(A)'' in subparagraph (B) and inserting ``$2,116.67,''.
(c) Conforming Amendment.--Clause (ii) of section 9703(b)(2)(A) of
the Internal Revenue Code of 1986 is amended by inserting ``(without
regard to any reduction under section 9704(e)(3)(B)(ii))'' after ``for
the plan year''.
SEC. 2. DISCLOSURE REQUIREMENTS.
(a) In General.--Section 9704(h) of the Internal Revenue Code of
1986 (relating to information) is amended by adding at the end the
following new paragraph:
``(2) Information to contributors.--
``(A) In general.--The trustees of the Combined
Fund shall, within 30 days of a written request, make
available to any person required to make contributions
to the Combined Fund or their agent--
``(i) all documents which reflect its
financial and operational status, including
documents under which it is operated, and
``(ii) all documents prepared at the
request of the trustees or staff of the
Combined Fund which form the basis for any of
its actions or reports, including the
eligibility of participants in predecessor
plans.
``(B) Fees.--The trustees may charge reasonable
fees (not in excess of actual expenses) for providing
documents under this paragraph.''
(b) Conforming Amendment.--Section 9704(h) of the Internal Revenue
Code of 1986 is amended by striking ``(h) Information.--The'' and
inserting:
``(h) Information.--
``(1) Information to secretary.--The''. | Amends the Internal Revenue Code, with respect to the United Mine Workers of America Benefit Fund, to provide: (1) a means for transferring surpluses between the Fund's accounts to reduce shortfalls in the entire Fund; and (2) a formula to reduce or increase operator's premiums according to the Fund's aggregated surplus or shortfall, respectively.
Sets the amount of the per beneficiary health benefit premium.
Directs the Trustees of the combined Fund to disclose to contributors, upon written request, all documents showing its financial and operational status and all documents prepared at trustee or staff request that form the basis for the Fund's actions or reports. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to reduce mandatory premiums to the United Mine Workers of America Combined Benefit Fund by certain surplus amounts in the Fund, and for other purposes."} | 1,632 | 140 | 0.441831 | 1.26267 | 0.510153 | 1.674603 | 11.31746 | 0.801587 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Employment and Transition
Services Act''.
SEC. 2. EXTENSION OF REPORTING REQUIREMENTS ON EQUITABLE RELIEF CASES.
Section 503(c) of title 38, United States Code, is amended by
striking ``December 31, 2004'' and inserting ``December 31, 2009''.
SEC. 3. VETERAN-TO-VETERAN PRESEPARATION COUNSELING.
(a) Accessibility of Information.--
(1) In general.--Chapter 58 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 1154. Veteran-to-veteran preseparation counseling
``(a) Cooperation Required.--The Secretary of Defense and the
Secretary of Homeland Security shall carry out a program to facilitate
the access of representatives of military and veterans' service
organizations and representatives of military and veterans' services
agencies of States to provide preseparation counseling and services to
members of the armed forces who are scheduled, or are in the process of
being scheduled, for discharge, release from active duty, or
retirement.
``(b) Elements of Program.--The program carried out under this
section shall--
``(1) authorize representatives of military and veterans'
service organizations and representatives of military and
veterans' services agencies of States to participate in the
preseparation counseling and other assistance provided to
members under the programs carried out under sections 1142 and
1144 of this title; and
``(2) provide support for the outreach programs of such
organizations and agencies by providing the organizations and
agencies with the names and addresses of members of the armed
forces described in subsection (a).
``(c) Locations.--Subject to subsection (e), the program under this
section shall provide for access to members--
``(1) at each installation of the armed forces;
``(2) at each armory and military family support center of
the National Guard;
``(3) at each inpatient medical care facility of the
uniformed services administered under chapter 55 of this title;
and
``(4) in the case of a member on the temporary disability
retired list under section 1202 or 1205 of this title who is
being retired under another provision of this title or is being
discharged, at a location reasonably convenient to the member.
``(d) Waiver of Access Restrictions.--In carrying out elements of
the program described in subsection (b), the Secretary of Defense and
the Secretary of Homeland Security may waive the applicable provisions
of the regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2
note) to the extent necessary to ensure that representatives of
military and veterans' service organizations and representatives of
military and veterans' services agencies of States have access to
members and former members of the uniformed services in medical
treatment facilities of the uniformed services to fulfill the purposes
of this title.
``(e) Consent of Members Required.--Access to a member of the armed
forces under the program under this section is subject to the consent
of the member.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 58 of title 10, United States Code, is
amended by adding at the end the following:
``1154. Veteran-to-veteran preseparation counseling.''.
(b) Department of Veterans Affairs.--
(1) In general.--Subchapter I of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following:
``Sec. 1709. Veteran-to-veteran counseling
``(a) Cooperation Required.--The Secretary shall carry out a
program to facilitate the access of representatives of military and
veterans' service organizations and representatives of military and
veterans' services agencies of States to veterans, furnished care and
services under this chapter to provide information and counseling to
such veterans on the care and services authorized by this chapter, and
other benefits and services available under the laws administered by
the Secretary.
``(b) Facilities Covered.--Subject to subsection (d), the program
carried out under this section shall provide for access to veterans
described in subsection (a) at each facility of the Department or non-
Department facility at which the Secretary furnishes care and services
under this chapter.
``(c) Waiver of Access Restrictions.--In carrying out the program
under this section, the Secretary may waive the applicable provisions
of the regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2
note) to the extent necessary to ensure that representatives of
military and veterans' service organizations and representatives of
military and veterans' services agencies of States have access to
veterans described in subsection (a) at the facilities referred to in
subsection (b) to fulfill the purposes of this title.
``(d) Consent of Veterans Required.--Access to a veteran under the
program under this section is subject to the consent of the veteran.''.
(2) The table of sections at the beginning of chapter 17 of
title 38, United States Code, is amended by inserting after the
item relating to section 1708 the following:
``1709. Veteran-to-veteran counseling.''.
SEC. 4. SEPARATION COUNSELING AND TRANSITION ASSISTANCE.
(a) Separation of Reenlistment and Separation Counseling.--Section
1142(a) of title 10, United States Code, is amended by adding at the
end the following:
``(4) The Secretary concerned shall ensure that preseparation
counseling under this section is provided by personnel and offices that
are not responsible for encouraging service members to reenlist so that
readjustment counselors can focus completely on assisting separating
service members.''.
(b) Transition Assistance Program.--Section 1144(c) of title 10,
United States Code, is amended--
(1) by striking ``shall encourage'' and inserting ``shall--
``(1) encourage'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) establish separation assistance participation rates
as a performance measure for commanding officers to ensure that
such officers actively encourage such members to participate in
the program under this section; and
``(3) submit a report to Congress, not later than March 31
of each year, describing the rates of participation in such
program by each branch of service and at each military
installation.''. | Veterans Employment and Transition Services Act - Extends through 2009 (currently, 2004) a requirement for annual reports from the Secretary of Veterans Affairs to Congress on equitable relief provided by the Department of Veterans Affairs to veterans and their dependents following a loss of benefits because of Department administrative error.
Directs the Secretaries of Defense and Homeland Security to carry out a program to facilitate access of representatives of military and veterans' service organizations and agencies to provide preseparation counseling and services to members of the Armed Forces who are scheduled for discharge, release from active duty, or retirement. Directs the Secretary of Veterans Affairs to carry out a similar program for facilitating the access of such representatives to provide information and counseling to veterans on the care, benefits, and services offered through the Department.
Directs the Secretary of the military department concerned to ensure that preseparation counseling is provided by personnel and offices that are not responsible for encouraging service members to reenlist. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to extend the requirement for reports from the Secretary of Veterans Affairs on the disposition of cases recommended to the Secretary for equitable relief due to administrative error and to provide improved benefits and procedures for the transition of member of the Armed Forces from combat zones to noncombat zones and for the transition of veterans from service in the Armed Forces to civilian life."} | 1,462 | 201 | 0.631592 | 1.630112 | 0.732381 | 3.803371 | 7.52809 | 0.870787 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Backcountry Landing Strip Access
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) aircraft landing strips--
(A) serve an essential safety role as emergency
landing areas;
(B) provide access to people who would otherwise be
physically unable to enjoy national parks, national
forests, wilderness areas, and other Federal land;
(C) support State economies by providing efficient
access for visitors seeking recreational activities;
and
(D) serve an essential role in search and rescue,
forest and ecological management, research, wildlife
management, aerial mapping, firefighting, and disaster
relief; and
(2) the Secretary of the Interior and the Secretary of
Agriculture should--
(A) adopt a nationwide policy for governing
backcountry aviation issues relating to the management
of Federal land under the jurisdiction of the
Secretaries; and
(B) require regional managers to comply with the
policy adopted under subparagraph (A).
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Aircraft landing strip.--The term ``aircraft landing
strip'' means an established aircraft landing strip located on
Federal land under the administrative jurisdiction of the
Secretary that is commonly known, and has been or is
consistently used, for aircraft landing and departure
activities.
(3) Permanently close.--The term ``permanently close''
means any closure, the duration of which is more than 90 days
in any calendar year.
(4) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior; and
(B) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture.
SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN
AIRCRAFT LANDING STRIPS.
(a) In General.--The Secretary shall not take any action that would
permanently close, restrict, or render or declare as unserviceable any
aircraft landing strip unless--
(1) the head of the aviation department of each State in
which the aircraft landing strip is located approves the
action;
(2) the Secretary publishes in the Federal Register notice
of the proposed action, including notice that the action would
permanently close, restrict, or render or declare as
unserviceable the aircraft landing strip;
(3) the Secretary provides for a 90-day public comment
period beginning on the date of publication of the notice under
paragraph (2); and
(4) the Secretary and the head of the aviation department
of each State in which the affected aircraft landing strip is
located have taken into consideration any comments received
during the comment period under paragraph (3).
(b) Policies.--
(1) Backcountry aviation policies.--Not later than 2 years
after the date of enactment of this Act, the Secretaries
shall--
(A) adopt a nationwide policy for governing
backcountry aviation issues relating to the management
of Federal land under the jurisdiction of the
Secretaries; and
(B) require regional managers to adhere to the
policy adopted under subparagraph (A).
(2) Requirements.--Any policy affecting air access to an
aircraft landing strip, including the policy adopted under
paragraph (1), shall not take effect unless the policy--
(A) states that the Administrator has the sole
authority to control aviation and airspace over the
United States; and
(B) seeks and considers comments from State
governments and the public.
(c) Maintenance of Airstrips.--
(1) In general.--To ensure that aircraft landing strips are
maintained in a manner that is consistent with the resource
values of any adjacent area, the Secretary shall consult with--
(A) the head of the aviation department of each
State in which an aircraft landing strip is located;
and
(B) any other interested parties.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with interested parties for the
maintenance of aircraft landing strips.
(d) Exchanges or Acquisitions.--There shall not be as a condition
of any Federal acquisition of, or exchange involving, private property
on which a landing strip is located--
(1) the closure or purposeful neglect of the landing strip;
or
(2) any other action that would restrict use or render any
landing strip unserviceable.
(e) Applicability.--Subsections (a), (b)(2), and (d) shall apply to
any action, policy, exchange, or acquisition, respectively, that is not
final on the date of enactment of this Act.
(f) Effect on Federal Aviation Administration Authority.--Nothing
in this Act affects the authority of the Administrator over aviation or
airspace. | Backcountry Landing Strip Access Act - Prohibits the Secretaries of the Interior or Agriculture from taking any action that would permanently close, restrict, or render or declare unserviceable any aircraft landing strip located on land under their jurisdiction unless: (1) the head of the aviation department of the state in which the landing strip is located approves the action; (2) the Secretary publishes notice of the proposed action and allows for a 90-day public comment thereafter; and (3) the Secretary and appropriate state aviation department head have taken into consideration any comments received.
Requires the Secretaries to: (1) adopt a nationwide policy for governing backcountry aviation issues relating to the management of federal land under their jurisdiction; and (2) require regional managers to adhere to such policy. | {"src": "billsum_train", "title": "To ensure general aviation aircraft access to Federal land and to the airspace over Federal land."} | 1,032 | 161 | 0.706597 | 2.076876 | 0.948824 | 4.590604 | 6.637584 | 0.939597 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The United States must have adequate infrastructure and
policies in place under the Department of Homeland Security to
protect against potential terrorists attempting to enter the
United States along the Southwest Border.
(2) According to top government officials, several Al Qaeda
leaders believe operatives can pay their way into the country
through Mexico and also believe illegal entry is more
advantageous than legal entry for operational security reasons.
(3) Official border patrol records reveal a disturbing
trend on the southern border indicating a growth in other than
Mexicans (OTMs), many from countries of interest, crossing into
the United States--between 2003 and 2004 the increase was at
least 35 percent.
(4) Because of budget constraints, the U.S. Immigration and
Customs Enforcement Office of Detention and Removal does not
have sufficient bed space to detain all illegal immigrants from
special interest countries therefore releasing them on personal
recognizance.
(5) The Department of Homeland Security estimates that up
to 90 percent of these immigrants do not appear for their
immigration hearings.
(6) The Department of Homeland Security needs more
personnel at the borders with the necessary security clearances
and equipment to adequately screen and detain immigrants coming
to the United States.
(7) The Secretary of Homeland Security should provide
appropriate training for inspectors, and associated support
staff, on an ongoing basis to utilize new technologies and to
ensure that the proficiency levels of such personnel are
acceptable to protect the borders of the United States.
SEC. 2. IMPROVEMENT IN SECURITY CLEARANCE PROCESS ALONG THE UNITED
STATES-MEXICO BORDER AND INCREASE IN DETENTION BEDS.
(a) Improvement in Security Clearance Process.--The Secretary of
Homeland Security shall--
(1) expeditiously implement policies ensuring that
personnel of the Department of Homeland Security along the
United States-Mexico border have the security clearances
required to access information necessary to adequately screen
immigrants entering the United States at such border, including
IDENT and IAFIS databases and databases used by the
Department's inspectors in secondary inspections;
(2) develop the interagency agreements and information
technology infrastructure necessary for border agents to
adequately screen immigrants entering the United States at such
border; and
(3) explore information sharing programs with countries of
interest to adequately screen immigrants entering our borders.
(b) Increase in Detention Beds.--Subject to the availability of
appropriations, the Secretary of Homeland Security shall increase by
the amount necessary the number of detention beds needed to detain all
immigrants apprehended by U.S. Customs and Border Protection.
(c) Sense of Congress.--It is the sense of the Congress that the
Office of Detention and Removal Operation should be placed under the
operational control of the Commissioner of U.S. Customs and Border
Protection, since the largest client of such office is the Border
Patrol.
SEC. 3. STUDY OF PERSONNEL LEVELS.
(a) In General.--The Secretary of Homeland Security shall contract
with an independent entity to undertake a study to determine the
necessary level and allocation of personnel, including support staff,
at United States ports of entry and border patrol sectors.
(b) Items to Be Included.--Such study shall take into account at
least the following:
(1) The overall mission of U.S. Customs and Border
Protection.
(2) Threat and vulnerability information pertaining to the
Nation's borders and ports of entry
(3) The impact of new border security programs, policies
and technologies, and the level of cross-training received by
all staff.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees, as defined in section 2(2) of the Homeland
Security Act of 2002 (6 U.S.C. 101(2)), a report on the study conducted
under this section.
SEC. 4. ONGOING TRAINING OF BORDER SECURITY PERSONNEL.
The Secretary of Homeland Security shall provide appropriate
training for all border security personnel, and associated support
staff on an ongoing basis to utilize new technologies and to ensure
that the proficiency levels of such personnel are acceptable to protect
the borders of the United States.
SEC. 5. PROMPT AND PROPER ENFORCEMENT.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) prosecutors and immigration judges are critical for the
prompt and proper enforcement of our immigration laws, and are
an important part of a comprehensive strategy; and
(2) an insufficient number of prosecutors and immigration
judges currently exists to enforce the immigration laws of the
United States.
(b) Authorization.--There are hereby authorized to be appropriated
amounts necessary to provide for appropriate staff increases for
judicial and prosecutorial offices, commensurate with other personnel
increases directed in this Act.
SEC. 6. REPORT ON DETENTION AND REMOVAL OPERATIONS.
(a) In General.--The Secretary of Homeland Security shall submit to
the appropriate congressional committees (as defined in section 2(2) of
the Homeland Security Act of 2002 (6 U.S.C. 101(2))) a report on
detention and removal operations, detailing the amount of additional
detention space and resources required to detain all persons presenting
a possible threat to homeland security.
(b) Information to Be Included.--The report shall include
information on--
(1) alternatives to detention, including electronic
monitoring, telephone, and voice recognition programs for those
on bond, and conducting deportation proceedings prior to
prisoners' release from Federal, State, and local prisons; and
(2) countries to which removal is problematic.
SEC. 7. COMPREHENSIVE BORDER SECURITY STRATEGY.
The Secretary of Homeland Security, in consultation with the heads
of all other Federal agencies with border-related functions or with
facilities or lands on or along the border, shall submit to the
appropriate congressional committees (as defined in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101)) unclassified and
classified versions of a unified, comprehensive strategy to secure the
land borders of the United States. Such strategy shall be submitted not
later than 6 months after the date of the enactment of this Act and
shall include a description of the actions already taken to implement
the strategy. | Requires the Secretary of Homeland Security to: (1) ensure that Department of Homeland Security personnel along the U.S.-Mexico border have the security clearances required to access information to adequately screen entering immigrants; (2) develop the interagency agreements and information technology infrastructure necessary for such screening; (3) explore information sharing programs with countries of interest; and (4) increase by the amount necessary the number of detention beds needed to detain all immigrants apprehended by U.S. Customs and Border Protection (CBP).
Expresses the sense of Congress that the Office of Detention and Removal Operations should be placed under the operational control of the Commissioner of CBP (currently, under U.S. Immigration and Customs Enforcement).
Requires the Secretary to: (1) contract with an independent entity to study the necessary level and allocation of personnel at U.S. ports of entry and border patrol sectors; (2) provide ongoing training for all border security personnel; and (3) submit a report on detention and removal operations and a unified, comprehensive border security strategy to appropriate congressional committees.
Expresses the sense of Congress that: (1) prosecutors and immigration judges are critical for the prompt and proper enforcement of immigration laws and are an important part of a comprehensive strategy; and (2) there is an insufficient number of prosecutors and immigration judges for immigration enforcement. Authorizes appropriations for staff increases. | {"src": "billsum_train", "title": "To improve the security clearance process along the United States-Mexico border, to increase the number of detention beds, and for other purposes."} | 1,361 | 295 | 0.612161 | 1.858965 | 0.89016 | 4.731801 | 4.796935 | 0.961686 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Ownership Act of 2003''.
SEC. 2. OWNERSHIP POLICY FOR THE UNITED STATES.
(a) Findings.--The Congress finds that--
(1) there is considerable evidence that employee-owned and
employee-controlled corporations are more productive and
provide more wealth to their employees than corporations not so
owned, and
(2) the workplace experience of employee-owned and
employee-controlled corporations is proven to foster greater
appreciation of the economic system of the United States that
relies on ownership of private property and capitalism.
(b) Policy.--It is the policy of the United States that by the year
2010, 30 percent of all United States corporations are owned and
controlled by employees of the corporations.
SEC. 3. TAX INCENTIVES RELATING TO EMPLOYEE-OWNED AND EMPLOYEE-
CONTROLLED CORPORATIONS.
(a) Trust of Employee-Owned and Employee-Controlled Corporation
Exempt From Taxation.--
(1) In general.--Section 501(c) of the Internal Revenue
Code of 1986 (relating to list of exempt organizations) is
amended by adding at the end the following new paragraph:
``(29)(A) employee-owned and employee-controlled
corporation trust.
``(B) For purposes of subparagraph (A), the term `employee-
owned and employee-controlled corporation trust' means a trust
which has as its primary assets the employer securities (within
the meaning of section 409(l)) of an employee-owned and
employee-controlled corporation.''.
(2) Employee-owned and employee-controlled corporation
defined.--Subsection (a) of section 7701 of such Code (relating
to definitions) is amended by adding at the end the following
new paragraph:
``(48) Employee-owned and employee-controlled
corporation.--The term `employee-owned and employee-controlled
corporation' means a corporation in which--
``(A) more than 50 percent of the voting stock of
such corporation is held by a trust for the benefit of
the employees of that corporation,
``(B) in all matters requiring the vote of stock,
including the election of the board of directors of the
corporation, the trustee of such trust is obligated to
vote the stock held in trust and allocated to
participants in the trust in the manner in which the
participants direct, on the basis of 1-employee 1-vote,
and to vote any stock not so allocated as if it were so
allocated,
``(C) at least 25 employees of such corporation are
participants in and beneficiaries of such trust,
``(D) a minimum of 90 percent of the employees who
work at least 1,000 hours annually for such corporation
are participants in such trust, and
``(E) the trustee administers such trust for the
benefit of the employees of such corporation and
complies with all requirements of this title relating
to employee stock ownership plans (as defined in
section 4975(e)(7)) pertaining to independent appraisal
of shares not readily tradable and distribution of
those shares.''.
(b) No Tax on Corporate Income of Employee-Owned and Employee-
Controlled Corporation.--Subsection (a) of section 11 of such Code
(relating to corporations in general) is amended by inserting before
the period at the end the following: ``(other than any employee-owned
and employee-controlled corporation)''.
(c) Exclusion of Income From Sale of Employee-Owned and Employee-
Controlled Corporation Stock by Employee Owner.--
(1) In general.--Part III of subchapter B of chapter 1 of
such Code (relating to items specifically excluded from gross
income) is amended by redesignating section 140 as section 140A
and by inserting after section 139 the following new section:
``SEC. 140. INCOME FROM EMPLOYEE OWNER SALE OF EMPLOYER SECURITIES
DISTRIBUTED FROM EMPLOYEE-OWNED AND EMPLOYEE-CONTROLLED
CORPORATION TRUST.
``(a) In General.--In the case of an individual, gross income shall
not include any proceeds from the qualified sale of employer
securities.
``(b) Qualified Sale of Employer Securities.--The term `qualified
sale of employer securities' means the sale of employer securities (as
defined in section 409(l)) which were distributed to a participant in
the employee-owned and employee-controlled corporation trust to--
``(1) an employee of the employee-owned and employee-
controlled corporation which issued such securities,
``(2) such corporation, or
``(3) such trust.''.
(2) Clerical amendment.--The table of sections for part III
of subchapter B of chapter 1 of such Code is amended by
striking the item relating to section 140 and inserting after
the item relating to section 139 the following new items:
``Sec. 140. Income from employee owner
sale of employer securities
distributed from employee-owned
and employee-controlled
corporation trust.
``Sec. 140A. Cross references to other
Acts.''.
(d) Receipt of Stock in an Employee Owned and Controlled
Corporation During 3-Year Transition Period.--Section 83 of such Code
(relating to property transferred in connection with performance of
services) is amended by adding at the end the following new subsection:
``(i) Receipt of Stock in an Employee Owned and Controlled
Corporation During 3-Year Transition Period.--
``(1) In general.--In the case of an employee, this section
shall not apply to the transfer in lieu of compensation of
employer securities in an employer owned and controlled
corporation during the 3-year period beginning on the effective
date of the election of a corporation to become an employee
owned and controlled corporation.
``(2) Exception.--If, on the day after the end of the 3-
year period referred to in paragraph (1), such corporation is
not an employee owned and controlled corporation, paragraph (1)
shall not apply and the following sum shall be included in the
gross income of such employee:
``(A) an amount equal to the fair market value of
all of such securities at the time of transfer
(determined without regard to any restriction other
than a restriction which by its terms will never lapse)
to the employee in lieu of compensation for such
period, plus
``(B) an amount equal to 10 percent of the amount
determined under subparagraph (A).''.
(e) No Tax on Gain on Sales or Transfers to Employee-Owned and
Employee-Controlled Corporation Trust.--
(1) In general.--Part III of subchapter O of chapter 1 of
such Code (relating to common nontaxable exchanges) is amended
by adding at the end the following new section:
``SEC. 1046. SALE OF SECURITIES TO EMPLOYEE-OWNED AND EMPLOYEE-
CONTROLLED CORPORATION TRUST.
``(a) Nonrecognition of Gain.--If the taxpayer elects the
application of this section, in the case of the sale or transfer of
employer securities (as defined in section 409(l)) to an employee-owned
and employee-controlled corporation trust, gain on such sale or
transfer shall not be recognized if the requirements of subsection (b)
are met.
``(b) Requirements.--
``(1) In general.--The requirements of this subsection are
that--
``(A) the employee-owned and employee-controlled
corporation trust acquiring such securities from the
taxpayer agrees--
``(i) to hold such securities for the 3-
year period beginning on the date of such
transfer or sale, and
``(ii) to notify the taxpayer upon the
transfer of such securities before the end of
such period, and
``(B) the taxpayer agrees to the provisions of
subsection (b).
``(2) Exceptions.--Paragraph (1) shall not apply--
``(A) in a case where such securities are
securities of an employee-owned and employee-controlled
corporation which are distributed within such 3-year
period to an employee of such corporation, and
``(B) in the case of the sale or transfer of stock
of an employee-owned and employee-controlled
corporation in connection with the sale or
reorganization of such corporation, if such sale or
reorganization is approved by the employees of such
corporation in a vote held on a 1-employee 1-vote
basis.
``(c) Recapture of Tax.--If, during any year within the 3-year
period referred to in subsection (b)(1), securities subject to
subsection (a) are sold or transferred in a manner that does not meet
the requirements of subsection (b), then gain on the sale or transfer
described in subsection (a) shall be recognized for the year in which
such requirements are not met.''.
(2) Clerical amendment.--The table of sections for part III
of subchapter O of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 1046. Sale of securities to
employee-owned and employee-
controlled corporation
trust.''.
(f) Credit for Transfer of Stock From Estate to Employee-Owned and
Employee-Controlled Corporation.--
(1) In general.--Part II of subchapter A of chapter 11 of
such Code (relating to credits against tax) is amended by
redesignating section 2016 as section 2017 and by inserting
after section 2015 the following new section:
``SEC. 2016. CREDIT FOR TRANSFER OF EMPLOYEE SECURITIES FROM ESTATE TO
EMPLOYEE-OWNED AND EMPLOYEE-CONTROLLED CORPORATION TRUST.
``(a) General Rule.--The tax imposed by section 2001 shall be
credited with the amount of employer securities considered to have been
acquired from or to have passed from the decedent to an employee-owned
and employee-controlled corporation trust.
``(b) Limitation.--Such credit may not exceed the tax imposed by
section 2001, reduced under this part (other than by this section).
``(c) Value of Stock not Readily Tradable.--No credit shall be
allowed under subsection (a) in the case of employer securities which
are not readily tradable on an established securities market unless the
value of such employer securities is established by an independent
appraiser. For purposes of the preceding sentence, the term
`independent appraiser' means any appraiser meeting requirements
similar to the requirements of the regulations prescribed under section
170(a)(1).
``(d) Definitions.--For purposes of subsection (a)--
``(1) Acquired from or passed from a decedent.--Employer
securities shall be considered to have been acquired from or to
have passed from a decedent if the basis of such property in
the hands of the employee-owned and employee-controlled
corporation trust is determined under section 1014 by reference
to paragraph (1), (2), (4), or (9) of subsection (b) of such
section.
``(2) Employer securities.--The term `employer securities'
has the meaning given such term by section 409(l)), except that
such term shall not include any security which is not voting
common stock.''.
(2) Clerical amendment.--The table of sections for part II
of subchapter A of chapter 11 of such Code (relating to credits
against tax) is amended by striking the item relating to
section 2016 and adding at the end the following new items:
``Sec. 2016. Credit for transfer of
employee securities from estate
to employee-owned and employee-
controlled corporation trust.
``Sec. 2017. Recovery of taxes claimed as
credit.''.
(g) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after the date of the enactment of this Act.
(2) Credit for transfer of stock from estate to employee-
owned and employee-controlled corporation.--The amendments made
by subsection (f) shall apply to estates of decedents dying
after the date of the enactment of this Act.
SEC. 4. STUDY OF GOVERNMENT POLICIES AFFECTING EMPLOYEE-OWNED AND
EMPLOYEE-CONTROLLED CORPORATIONS.
The Comptroller General of the United States shall--
(1) conduct a study of all Federal Government regulations
and policies that might impact the creation and operation of an
employee-owned and employee-controlled corporation as defined
in section 7701(a)(47) of the Internal Revenue Code of 1986,
(2) identify those regulations and policies that are
barriers to employee ownership and control of such a
corporation, and
(3) not later than one year after the date of the enactment
of this Act, submit a report on the findings of such study,
together with such recommendations as the Comptroller General
determines appropriate, to the Congress.
SEC. 5. PRESIDENTIAL COMMISSION ON EMPLOYEE OWNERSHIP.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the President shall establish a commission to be
known as the ``Presidential Commission on Employee Ownership''
(hereafter in this section referred to as the ``Commission'').
(b) Duties and Report.--The Commission shall--
(1) conduct a study concerning all issues that affect
ownership of businesses in the United States, with a primary
focus on the issues that affect employee ownership of such
businesses, and
(2) not later than two years after the date of its
establishment, submit a final report to the President and the
Congress which includes the findings and recommendations of the
Commission.
(c) Membership.--The Commission shall be composed of 15 members
appointed by the President as follows:
(1) Three individuals, each of whom is an employee of a
corporation that has at least 50 percent of its voting stock in
a trust for the benefit of employees and who is not an officer
or senior manager of that corporation.
(2) Three individuals, each of whom is an employee of a
corporation that has at least 50 percent of its voting stock in
a trust for the benefit of employees and who is an officer or
senior manager of that corporation.
(3) Three individuals, each of whom is a professor employed
by an institution of higher learning.
(4) Three individuals, each of whom is employed by a not-
for-profit entity that has as its primary mission issues
arising from employee ownership of businesses.
(5) The Secretary of Labor, or his designee, the Secretary
of the Treasury, or his designee, and the Director of the
Office of Management and Budget, or his designee.
(d) Staff.--The Commission shall have such number of staff as the
President shall determine, except that such staff shall include not
less than five full-time employees.
(e) Gifts and Bequests.--The Commission may accept, use, and
dispose of gifts or bequests or services or personal property for the
purpose of aiding or facilitating the work of the Commission. Gifts or
bequests of money and proceeds from sales of other property received as
gifts or bequests shall be deposited in the Treasury and shall be
available for disbursement upon order of the Commission. | Employee Ownership Act of 2003 - Declares the policy of the United States that, by the year 2010, 30 percent of all U.S. corporations shall be owned and controlled by their employees.Amends the Internal Revenue Code to provide for tax-exempt employee-owned and employee-controlled corporation (EOECC) trusts whose primary assets consist of the employer securities of an EOECC.Declares that: (1) there shall be no tax on the corporate income of an EOECC; and (2) the gross income of an employee owner shall not include any proceeds from the qualified sale of EOECC securities.Exempts from inclusion in gross income of property transferred in connection with performance of services any transfer (in lieu of compensation) of EOECC securities during the three years following a corporation's election to become an EOECC.Mandates nonrecognition of gain in the case of the sale or transfer of EOECC securities to an EOECC trust.Establishes a credit against the estate tax for the amount of EOECC securities considered to have been acquired from or to have passed from a decedent to an EOECC trust.Directs the Comptroller General to study and report to Congress on Federal regulations and policies affecting EOECCs.Directs the President to establish a Presidential Commission on Employee Ownership to study and report on all issues that affect ownership of businesses in the United States, with a primary focus on the issues that affect employee ownership of such businesses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide incentives for the ownership and control of corporations by employees."} | 3,442 | 326 | 0.517429 | 1.624528 | 0.724536 | 3.781609 | 11.842912 | 0.908046 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Omnibus Trade Act
of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXTENSION OF TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE
IMPROVEMENT
Subtitle A--Extension of Trade Adjustment Assistance
Sec. 101. Extension of trade adjustment assistance.
Sec. 102. Merit staffing for State administration of trade adjustment
assistance.
Subtitle B--Health Coverage Improvement
Sec. 111. Improvement of the affordability of the credit.
Sec. 112. Payment for the monthly premiums paid prior to commencement of
the advance payments of credit.
Sec. 113. TAA recipients not enrolled in training programs eligible for
credit.
Sec. 114. TAA pre-certification period rule for purposes of determining
whether there is a 63-day lapse in creditable coverage.
Sec. 115. Continued qualification of family members after certain
events.
Sec. 116. Extension of COBRA benefits for certain TAA-eligible
individuals and PBGC recipients.
Sec. 117. Addition of coverage through voluntary employees' beneficiary
associations.
Sec. 118. Notice requirements.
TITLE II--ANDEAN TRADE PREFERENCES ACT
Sec. 201. Extension of Andean Trade Preference Act.
TITLE III--OFFSETS
Sec. 301. Customs user fees.
Sec. 302. Time for payment of corporate estimated taxes.
TITLE IV--BUDGETARY EFFECTS
Sec. 401. Compliance with PAYGO.
TITLE I--EXTENSION OF TRADE ADJUSTMENT ASSISTANCE AND HEALTH COVERAGE
IMPROVEMENT
Subtitle A--Extension of Trade Adjustment Assistance
SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE.
(a) In General.--Section 1893(a) of the Trade and Globalization
Adjustment Assistance Act of 2009 (Public Law 111-5; 123 Stat. 422) is
amended by striking ``January 1, 2011'' each place it appears and
inserting ``Febrary 13, 2011''.
(b) Application of Prior Law.--Section 1893(b) of the Trade and
Globalization Adjustment Assistance Act of 2009 (Public Law 111-5; 123
Stat. 422 (19 U.S.C. 2271 note prec.)) is amended to read as follows:
``(b) Application of Prior Law.--Chapters 2, 3, 4, 5, and 6 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) shall be
applied and administered beginning February 13, 2011, as if the
amendments made by this subtitle (other than part VI) had never been
enacted, except that in applying and administering such chapters--
``(1) section 245 of that Act shall be applied and administered
by substituting `February 12, 2012' for `December 31, 2007';
``(2) section 246(b)(1) of that Act shall be applied and
administered by substituting `February 12, 2012' for `the date that
is 5 years' and all that follows through `State';
``(3) section 256(b) of that Act shall be applied and
administered by substituting `the 1-year period beginning February
13, 2011, and ending February 12, 2012,' for `each of fiscal years
2003 through 2007, and $4,000,000 for the 3-month period beginning
on October 1, 2007,';
``(4) section 298(a) of that Act shall be applied and
administered by substituting `the 1-year period beginning February
13, 2011, and ending February 12, 2012,' for `each of the fiscal
years' and all that follows through `October 1, 2007'; and
``(5) subject to subsection (a)(2), section 285 of that Act
shall be applied and administered--
``(A) in subsection (a), by substituting `February 12,
2011' for `December 31, 2007' each place it appears; and
``(B) by applying and administering subsection (b) as if it
read as follows:
```(b) Other Assistance.--
```(1) Assistance for firms.--
```(A) In general.--Except as provided in subparagraph (B),
assistance may not be provided under chapter 3 after February
12, 2012.
```(B) Exception.--Notwithstanding subparagraph (A), any
assistance approved under chapter 3 on or before February 12,
2012, may be provided--
```(i) to the extent funds are available pursuant to
such chapter for such purpose; and
```(ii) to the extent the recipient of the assistance
is otherwise eligible to receive such assistance.
```(2) Farmers.--
```(A) In general.--Except as provided in subparagraph (B),
assistance may not be provided under chapter 6 after February
12, 2012.
```(B) Exception.--Notwithstanding subparagraph (A), any
assistance approved under chapter 6 on or before February 12,
2012, may be provided--
```(i) to the extent funds are available pursuant to
such chapter for such purpose; and
```(ii) to the extent the recipient of the assistance
is otherwise eligible to receive such assistance.'.''.
(c) Conforming Amendments.--
(1) Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C.
2296(a)(2)(A)) is amended to read as follows:
``(2)(A) The total amount of payments that may be made under
paragraph (1) shall not exceed--
``(i) $575,000,000 for fiscal year 2010; and
``(ii) $66,500,000 for the 6-week period beginning January 1,
2011, and ending February 12, 2011.''.
(2) Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a))
is amended by striking ``December 31, 2010'' and inserting
``February 12, 2011''.
(3) Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C.
2318(b)(1)) is amended by striking ``December 31, 2010'' and
inserting ``February 12, 2011''.
(4) Section 255(a) of the Trade Act of 1974 (19 U.S.C. 2345(a))
is amended--
(A) in the first sentence to read as follows: ``There are
authorized to be appropriated to the Secretary to carry out the
provisions of this chapter $50,000,000 for fiscal year 2010 and
$5,800,000 for the 6-week period beginning January 1, 2011, and
ending February 12, 2011.''; and
(B) in paragraph (1), by striking ``December 31, 2010'' and
inserting ``February 12, 2011''.
(5) Section 275(f) of the Trade Act of 1974 (19 U.S.C.
2371d(f)) is amended by striking ``2011'' and inserting ``and
annually thereafter''.
(6) Section 276(c)(2) of the Trade Act of 1974 (19 U.S.C.
2371e(c)(2)) is amended to read as follows:
``(2) Funds to be used.--Of the funds appropriated pursuant to
section 277(c), the Secretary may make available, to provide grants
to eligible communities under paragraph (1), not more than--
``(A) $25,000,000 for fiscal year 2010; and
``(B) $2,900,000 for the 6-week period beginning January 1,
2011, and ending February 12, 2011.''.
(7) Section 277(c) of the Trade Act of 1974 (19 U.S.C.
2371f(c)) is amended--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this subchapter--
``(A) $150,000,000 for fiscal year 2010; and
``(B) $17,3000 for the 6-week period beginning January 1,
2011 and ending February 12, 2011.''; and
(B) in paragraph (2)(A), by striking ``December 31, 2010''
and inserting ``February 12, 2011''.
(8) Section 278(e) of the Trade Act of 1974 (19 U.S.C. 2372(e))
is amended by striking ``2011'' and inserting ``and annually
thereafter''.
(9) Section 279A(h)(2) of the Trade Act of 1974 (19 U.S.C.
2373(h)(2)) is amended by striking ``2011'' and inserting ``and
annually thereafter''.
(10) Section 279B(a) of the Trade Act of 1974 (19 U.S.C.
2373a(a)) is amended to read as follows:
``(a) In General.--
``(1) Authorization.--There are authorized to be appropriated
to the Secretary of Labor to carry out the Sector Partnership Grant
program under section 279A--
``(A) $40,000,000 for fiscal year 2010; and
``(B) $4,600,000 for the 6-week period beginning January 1,
2011, and ending February 12, 2011.
``(2) Availability of appropriations.--Funds appropriated
pursuant to this section shall remain available until expended.''.
(11) Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note)
is amended--
(A) by striking ``December 31, 2010'' each place it appears
and inserting ``February 12, 2011''; and
(B) in subsection (a)(2)(A), by inserting ``pursuant to
petitions filed under section 221 before February 12, 2011''
after ``title''.
(12) Section 298(a) of the Trade Act of 1974 (19 U.S.C.
2401g(a)) is amended by striking ``$90,000,000 for each of the
fiscal years 2009 and 2010, and $22,500,000 for the period
beginning October 1, 2010, and ending December 31, 2010'' and
inserting ``$10,400,000 for the 6-week period beginning January 1,
2011, and ending February 12, 2011''.
(13) The table of contents for the Trade Act of 1974 is amended
by striking the item relating to section 235 and inserting the
following:
``Sec. 235. Employment and case management services.''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2011.
SEC. 102. MERIT STAFFING FOR STATE ADMINISTRATION OF TRADE
ADJUSTMENT ASSISTANCE.
(a) In General.--Notwithstanding section 618.890(b) of title 20,
Code of Federal Regulations, or any other provision of law, the single
transition deadline for implementing the merit-based State personnel
staffing requirements contained in section 618.890(a) of title 20, Code
of Federal Regulations, shall not be earlier than February 12, 2011.
(b) Effective Date.--This section shall take effect on December 14,
2010.
Subtitle B--Health Coverage Improvement
SEC. 111. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.
(a) In General.--Section 35(a) of the Internal Revenue Code of 1986
is amended by striking ``January 1, 2011'' and inserting ``February 13,
2011''.
(b) Conforming Amendment.--Section 7527(b) of such Code is amended
by striking ``January 1, 2011'' and inserting ``February 13, 2011''.
(c) Effective Date.--The amendments made by this section shall
apply to coverage months beginning after December 31, 2010.
SEC. 112. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO
COMMENCEMENT OF THE ADVANCE PAYMENTS OF CREDIT.
(a) In General.--Section 7527(e) of the Internal Revenue Code of
1986 is amended by striking ``January 1, 2011'' and inserting
``February 13, 2011''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after December 31, 2010.
SEC. 113. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE
FOR CREDIT.
(a) In General.--Section 35(c)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2011'' and inserting
``February 13, 2011''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after December 31, 2010.
SEC. 114. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF
DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE
COVERAGE.
(a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal Revenue
Code of 1986 is amended by striking ``January 1, 2011'' and inserting
``February 13, 2011''.
(b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)) is
amended by striking ``January 1, 2011'' and inserting ``February 13,
2011''.
(c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public Health
Service Act (as in effect for plan years beginning before January 1,
2014) is amended by striking ``January 1, 2011'' and inserting
``February 13, 2011''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2010.
SEC. 115. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN
EVENTS.
(a) In General.--Section 35(g)(9) of the Internal Revenue Code of
1986, as added by section 1899E(a) of the American Recovery and
Reinvestment Tax Act of 2009 (relating to continued qualification of
family members after certain events), is amended by striking ``January
1, 2011'' and inserting ``February 13, 2011''.
(b) Conforming Amendment.--Section 173(f)(8) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is amended by striking
``January 1, 2011'' and inserting ``February 13, 2011''.
(c) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2010.
SEC. 116. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE
INDIVIDUALS AND PBGC RECIPIENTS.
(a) ERISA Amendments.--
(1) PBGC recipients.--Section 602(2)(A)(v) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)(v)) is
amended by striking ``December 31, 2010'' and inserting ``February
12, 2011''.
(2) TAA-eligible individuals.--Section 602(2)(A)(vi) of such
Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking ``December
31, 2010'' and inserting ``February 12, 2011''.
(b) IRC Amendments.--
(1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2010'' and inserting ``February 12, 2011''.
(2) TAA-eligible individuals.--Section 4980B(f)(2)(B)(i)(VI) of
such Code is amended by striking ``December 31, 2010'' and
inserting ``February 12, 2011''.
(c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public Health
Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended by striking
``December 31, 2010'' and inserting ``February 12, 2011''.
(d) Effective Date.--The amendments made by this section shall
apply to periods of coverage which would (without regard to the
amendments made by this section) end on or after December 31, 2010.
SEC. 117. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES'
BENEFICIARY ASSOCIATIONS.
(a) In General.--Section 35(e)(1)(K) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2011'' and inserting
``February 13, 2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after December 31, 2010.
SEC. 118. NOTICE REQUIREMENTS.
(a) In General.--Section 7527(d)(2) of the Internal Revenue Code of
1986 is amended by striking ``January 1, 2011'' and inserting
``February 13, 2011''.
(b) Effective Date.--The amendment made by this section shall apply
to certificates issued after December 31, 2010.
TITLE II--ANDEAN TRADE PREFERENCES ACT
SEC. 201. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.
(a) Extension.--Section 208(a)(1) of the Andean Trade Preference
Act (19 U.S.C. 3206(a)(1)) is amended to read as follows:
``(1) remain in effect--
``(A) with respect to Colombia after February 12, 2011; and
``(B) with respect to Peru after December 31, 2010;''.
(b) Ecuador.--Section 208(a)(2) of the Andean Trade Preference Act
(19 U.S.C. 3206(a)(2)) is amended by striking ``December 31, 2010'' and
inserting ``February 12, 2011''.
(c) Treatment of Certain Apparel Articles.--Section
204(b)(3)(E)(ii)(II) of the Andean Trade Preference Act (19 U.S.C.
3203(b)(3)) is amended (ii)(II), by striking ``December 31, 2010'' and
inserting ``February 12, 2011''.
(d) Annual Report.--Section 203(f)(1) of the Andean Trade
Preference Act (19 U.S.C. 3202(f)(1)) is amended by striking ``every 2
years'' and inserting ``annually''.
TITLE III--OFFSETS
SEC. 301. CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``September 30, 2019'' and
inserting ``January 7, 2020''; and
(2) in subparagraph (B)(i), by striking ``September 30, 2019''
and inserting ``January 14, 2020''.
SEC. 302. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under paragraph (2) of section 561 of the Hiring
Incentives to Restore Employment Act in effect on the date of the
enactment of this Act is increased by 4.5 percentage points.
TITLE IV--BUDGETARY EFFECTS
SEC. 401. COMPLIANCE WITH PAYGO.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Omnibus Trade Act of 2010 - Title I: Extension of Trade Adjustment Assistance and Health Coverage Improvement - Subtitle A: Extension of Trade Adjustment Assistance - (Sec. 101) Amends the Trade and Globalization Adjustment Assistance Act of 2009 to extend trade adjustment assistance (TAA) programs through February 12, 2011.
Requires funding levels for TAA programs under prior law to apply beginning February 13, 2011, as if the amendments made by this Act had never been enacted. Amends the Trade Act of 1974, however, to authorize appropriations through February 12, 2012 for: (1) TAA programs for workers, firms, and farmers; and (2) alternative TAA for older workers. Limits for FY2010, and the six-week period January 1, 2011-February 12, 2011, the total amount of payments that may be made by the Secretary of Labor for training assistance for workers. Authorizes appropriations for the reemployment TAA program through February 12, 2011. Authorizes the Secretary for FY2010, and the six-week period January 1, 2011- February 12, 2011, to make certain TAA funds available for grants to assist eligible communities to develop strategic plans for their economic adjustment to the impact of trade . Extends permanently certain reporting requirements under: (1) the Community College and Career Training Grant program, and (2) the Industry or Sector Partnership Grant program for communities impacted by trade. Authorizes appropriations to the Secretary for FY2010, and the six-week period January 1, 2011-February 12, 2011, to carry out the Sector Partnership Grant program. (Sec. 102) Extends the single transition deadline for implementing certain merit-based personnel staffing requirements for state administration of TAA to a date not earlier than February 12, 2011. Subtitle B: Health Coverage Improvement - (Sec. 111) Amends the Internal Revenue Code (IRC) to extend through February 12, 2011, the 80% tax credit for health insurance costs (including advance payments) for TAA (as well as Pension Benefit Guaranty Corporation [PBGC] pension) recipients.
(Sec. 113) Makes TAA recipients who are in a break in training under a training program, or who are receiving unemployment compensation, eligible for such tax credit for the period through February 12, 2011.
(Sec. 114) Amends the IRC, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHSA) to extend through February 12, 2011, the TAA pre-certification period rule disregarding any 63-day lapse in creditable health care coverage for TAA workers.
(Sec. 115) Extends the continued eligibility for the credit for qualifying family members and certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance through February 12, 2011.
(Sec. 117) Extends through February 12, 2011, coverage under an employee benefit plan funded by a voluntary employees' beneficiary association established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative.
Title II: Andean Trade Preferences Act - (Sec. 201) Amends the Andean Trade Preference Act (ATPA), as amended and expanded by Andean Trade Promotion and Drug Eradication Act (ATPDEA), to extend duty-free treatment or other preferential treatment of the products of Colombia and Ecuador through February 12, 2011.
Extends through FY2012 preferential treatment for apparel articles assembled in one or more ATPDEA beneficiary countries from regional fabrics or regional components, and specified other type apparel (brassieres).
Title III: Offsets - (Sec. 301) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to extend certain customs users fees for the processing of merchandise entered into the United States through January 7, 2020, and other specified customs users fees through January 14, 2020.
(Sec. 302) Amends the Hiring Incentives to Restore Employment Act to increase required estimated tax payments of corporations with at least $1 billion in assets in the third quarter of 2015 by 4.5% to 126.0% of such amount.
Title IV: Budgetary Effects - (Sec. 401) Declares that the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, provided that such statement has been submitted before the vote on passage. | {"src": "billsum_train", "title": "To extend trade adjustment assistance and certain trade preference programs, to amend the Harmonized Tariff Schedule of the United States to modify temporarily certain rates of duty, and for other purposes."} | 4,622 | 991 | 0.641907 | 2.265824 | 0.659522 | 2.780774 | 4.405627 | 0.827667 |
SECTION 1. EXTENSION AND MODIFICATION OF ELECTION TO EXPENSE CERTAIN
REFINERIES.
(a) In General.--
(1) Definition of qualified refinery.--Subsection (d) of
section 179C of the Internal Revenue Code of 1986 (relating to
qualified refinery) is amended to read as follows:
``(d) Qualified Refinery.--For purposes of this section, the term
`qualified refinery' means any refinery located in the United States
which is designed to serve the primary purpose of--
``(1) processing liquid fuel--
``(A) from crude oil or qualified fuels (as defined
in section 45K(c)), or
``(B) directly from shale or tar sands, or
``(2) processing non-virgin lube oil from used, refined
products (including used lube oil originally derived from crude
oil or qualified fuels).''.
(2) Definition of qualified refinery property.--Subsection
(c) of section 179C of such Code is amended by adding at the
end the following new paragraph:
``(4) Special rule for qualified refineries producing re-
refined lubricating oil.--In the case of a refinery described
in subsection (d)(2)--
``(A) paragraph (1)(B) shall be applied by
substituting `January 1, 2017' for `January 1, 2014',
and
``(B) paragraph (1)(F) shall be applied by
substituting `January 1, 2013' for `January 1, 2010'
each place it appears.''.
(b) Conforming Amendments.--
(1) Subsection (e) of section 179C of the Internal Revenue
Code of 1986 is amended--
(A) by inserting ``virgin'' before ``lube oil'' in
paragraph (1), and
(B) by inserting ``or other products from used
refined products'' after ``(as defined in section
45K(c))'' in paragraph (2).
(2) Subsection (f) of section 179C of such Code is amended
by inserting ``virgin'' before ``lube oil facility''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 2. CREDIT FOR PRODUCTION OF RE-REFINED LUBRICATING OIL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45R. CREDIT FOR PRODUCTION OF RE-REFINED LUBRICATING OIL.
``(a) General Rule.--For purposes of section 38, the re-refined
lubricating oil production credit determined under this section for any
taxable year is equal to 20 cents per gallon of qualified re-refined
lubricating oil which is produced by the taxpayer during the taxable
year.
``(b) Qualified Re-Refined Lubricating Oil- For Purposes of This
Section.--
``(1) In general.--The term `qualified re-refined
lubricating oil' means a base oil which--
``(A) meets the American Society of Testing and
Materials standard for hydrocarbon lubricant base oils
(ASTM D6074), and
``(B) which is manufactured--
``(i) at a qualified facility, and
``(ii) from at least 95 percent used oil by
a re-refining process which effectively removes
physical and chemical impurities and spent and
unspent additives.
``(2) Qualified facility.--The term `qualified facility'
means a qualified refinery (as defined in section 179C(d)).
``(3) Noncompliance with pollution control laws.--For
purposes of paragraph (2), a facility that is not in material
compliance with all applicable State and Federal pollution
prevention, control, and permit requirements for any period of
time during a taxable year shall not be a qualified facility
during such period.
``(c) Adjustment for Inflation.--In the case of a taxable year
beginning in a calendar year after 2009, the 20 cents amount in
subsection (a) shall be increased by an amount equal to--
``(1) such amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2008' for `calendar year 1992' in subparagraph
(B) thereof.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``plus'' at the end of paragraph (34),
(2) by striking the period at the end of paragraph (35) and
inserting ``, plus'', and
(3) by adding at the end the following new paragraph:
``(36) the re-refined lubricating oil production credit
determined under section 45R(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``Sec. 45R. Credit for production of re-refined lubricating oil.''.
(d) Effective Date.--The amendments made by this section shall
apply to oil produced after the date of the enactment of this Act. | Amends the Internal Revenue Code to: (1) expand the definition of "qualified refinery" for purposes of the taxpayer election to expense the costs of refinery property to include refineries for processing non-virgin lube oil from used, refined products (including used lube oil originally derived from crude oil or qualified fuels); (2) extend through 2016 the expensing allowance with respect to such refineries; and (3) allow a business-related tax credit for the production of qualified re-refined lubricating oil. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide incentives for used oil re-refining, and for other purposes."} | 1,300 | 115 | 0.662728 | 1.705447 | 0.614852 | 3.632653 | 11.122449 | 0.836735 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Overtime Pay Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.) established overtime compensation requirements for
certain employees when they work more than 40 hours in a given
workweek.
(2) Under section 13(a)(1) of such Act, Congress delegated
to the Secretary of Labor the authority to define and delimit
the terms relating to the exemption for bona fide executive,
administrative, and professional employees (commonly known as
the ``white collar exemption'').
(3) For more than 75 years, the Secretary of Labor has
exercised its delegated authority to issue regulations that
define and delimit the terms relating to the white collar
exemption by applying a duties test and applying a minimum
compensation level (or salary threshold).
(4) The Secretary of Labor began utilizing a salary
threshold in the initial regulations defining and delimiting
the terms relating to the white collar exemption, which were
first issued in 1938.
(5) Congress has long approved the use of a salary
threshold by the Secretary of Labor, as demonstrated by the
fact that Congress has amended the Fair Labor Standards Act of
1938 at least 10 times since 1938 and has not precluded the
Secretary from using a salary threshold.
(6) The salary threshold became woefully out of date and
ineffective as a result of not being sufficiently updated to
keep pace with a changing economy, as evidenced by the fact
that more than 60 percent of all full-time salaried workers
earned less than the salary threshold in 1975 and less than 7
percent of these workers earned less than the salary threshold
in 2016.
(7) The salary threshold of $455 per week, or $23,660 per
year, that was in effect on May 22, 2016, was below the poverty
line for a family of 4.
(8) The Secretary of Labor updated the salary threshold on
May 23, 2016, through a final rule entitled ``Defining and
Delimiting the Exemptions for Executive, Administrative,
Professional, Outside Sales and Computer Employees'' (81 Fed.
Reg. 32391) by increasing the salary threshold to the 40th
percentile of earnings of full-time salaried employees in the
lowest-wage Census Region, resulting in a salary threshold of
$913 per week or $47,476 per year.
(9) The final rule would benefit more than 13,000,000
employees by providing overtime compensation protections to
4,200,000 new employees and strengthening overtime compensation
protections for 8,900,000 additional employees.
(10) The Secretary of Labor went through a thorough process
in crafting the final rule, seeking public input and conducting
extensive economic analysis, including--
(A) spending more than a year meeting with more
than 200 interested parties to obtain input before
issuing the proposed rule in 2015;
(B) considering more than 270,000 comments received
during the 60-day public comment period on the proposed
rule; and
(C) making significant changes in response to
public input before issuing the final rule.
(11) The public comments submitted to the Secretary of
Labor regarding the proposed rule were overwhelmingly positive
and supportive of the rule.
(12) The increase in the salary threshold, included in the
final rule, to the 40th percentile of earnings of full-time
salaried employees in the lowest-wage Census Region, resulting
in a threshold of $913 per week or $47,476 per year, was a
strong yet measured increase by almost any measure, including
as compared to--
(A) the higher salary threshold of $970 per week or
$50,440 per year, initially put forward by the
Secretary of Labor in the proposed rule;
(B) the salary threshold of $984 per week or
$51,168 per year, which would have fully accounted for
the erosion to the value of the salary threshold since
1975 due to inflation;
(C) the salary threshold of $1,122 per week or
$58,344 per year, which would have covered the same
share of all salaried workers as were covered in 1975
after accounting for changes in the economy; and
(D) the salary threshold of $1,327 per week or
$69,004 per year, which would have covered the same
percentage of all salaried workers as were covered in
1975 without accounting for changes in the economy.
(13) The United States District Court for the Eastern
District of Texas erroneously called the authority of the
Secretary of Labor under the Fair Labor Standards Act of 1938
into question when it issued a preliminary injunction enjoining
the Department of Labor from enforcing the final overtime rule.
(14) The United States District Court for the Eastern
District of Texas issued a final decision invalidating the
rule, threatening overtime protections for millions of workers.
SEC. 3. MINIMUM SALARY THRESHOLD FOR BONA FIDE EXECUTIVE,
ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES EXEMPT FROM
FEDERAL OVERTIME COMPENSATION REQUIREMENTS.
(a) Minimum Salary Threshold for Bona Fide Executive,
Administrative, and Professional Employees.--Section 13 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213) is amended--
(1) in subsection (a)(1)--
(A) by inserting ``subsection (k) and'' after
``subject to''; and
(B) by inserting ``(except as provided under
subsection (k)(3)(C))'' after ``Administrative
Procedure Act''; and
(2) by adding at the end the following:
``(k) Minimum Salary Threshold.--
``(1) In general.--Beginning on the effective date of the
Restoring Overtime Pay Act of 2017, the Secretary shall require
that an employee described in subsection (a)(1), as a
requirement for exemption under such subsection, be compensated
on a salary basis, or equivalent fee basis, within the meaning
of such terms in subpart G of part 541 of title 29, Code of
Federal Regulations (or any successor regulation), at a rate
per week that is not less than the salary threshold under
paragraph (2).
``(2) Salary threshold.--
``(A) In general.--The salary threshold shall be an
amount that, subject to subparagraph (B), is equal to
the 40th percentile of earnings of full-time salaried
workers in the lowest-wage Census Region as determined
by the Bureau of Labor Statistics in accordance with
subparagraph (C) and as updated under paragraph (3).
``(B) Increased threshold.--The Secretary may
establish, through notice and comment rule making under
section 553 of title 5, United States Code, a salary
threshold that is an amount based on a rate that is
greater than the rate described in subparagraph (A) as
determined by the Bureau of Labor Statistics in
accordance with subparagraph (C) and as updated under
paragraph (3).
``(C) Amount determinations.--The amount of the
salary threshold determined under subparagraph (A) or
(B) shall be based on data from the second quarter of
the year preceding the effective date of such amount.
``(3) Automatic updates.--
``(A) In general.--The Secretary shall update the
amount of the salary threshold under paragraph (2)
every 3 years so that such amount is based on data from
the second quarter of the year preceding the effective
date of the update.
``(B) Publication of notice.--Not later than 60
days before the effective date of any update under
subparagraph (A), the Secretary shall publish, in the
Federal Register and on the internet website of the
Department of Labor, a notice announcing the update.
``(C) Nonapplicability of rule making
requirements.--Any update described in this paragraph
shall not be subject to the requirements for notice and
comment rule making under section 553 of title 5,
United States Code.
``(4) Duties test.--The Secretary shall, in addition to the
requirement under paragraph (1), continue to require employees
to satisfy a duties test, as prescribed by the Secretary, in
defining and delimiting the terms described in subsection
(a)(1).''.
(b) Effective Date.--This Act, and the amendments made by this Act,
shall take effect on the date that is 60 days after the date of
enactment of this Act. | Restoring Overtime Pay Act of 2017 This bill requires the Department of Labor to update the salary threshold applicable to bona fide executive, administrative, and professional employees for purposes of determining eligibility for overtime pay. The bill adopts rulemaking promulgated by Labor in 2016 that established the threshold for exempting such employees from overtime requirements at the 40th percentile of earnings for full-time salaried employees in the lowest-wage census region. The bill also requires updates to the threshold amount every three years. | {"src": "billsum_train", "title": "Restoring Overtime Pay Act of 2017"} | 1,843 | 109 | 0.532377 | 1.38184 | 0.810838 | 2.576087 | 18.706522 | 0.815217 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``General Equivalency Diploma Reform
and Improvement Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since the mid-1970s, the Federal Government and many
State and local agencies have encouraged Americans to seek a
General Equivalency Diploma (GED) rather than a traditional
high school degree.
(2) As the economy now demands higher skilled workers, the
General Equivalency Diploma is no longer an adequate
alternative to a traditional high school degree.
(3) Economists Stephen Cameron and James Heckman have
studied individuals with exam-certified high school equivalents
and have made each of the following conclusions:
(A) Individuals with exam-certified high school
equivalents are statistically indistinguishable in the
labor market from high school dropouts.
(B) Individuals with exam-certified equivalents and
high school dropouts have comparably poor wages,
earnings, hours of work, employment experiences, and
job tenure.
(C) Measured by their ability and in their labor
market status, individuals who have a General
Equivalency Diploma are closer to high school dropouts
than individuals with traditional high school degrees.
(D) Even after controlling for ability, men with
General Equivalency Diplomas have inferior labor market
status than individuals with traditional high school
degrees.
(E) Individuals with General Equivalency Diplomas
have lower employment rates and less work experience
than individuals with traditional high school degrees.
(F) Both anecdotal and empirical evidence suggests
that employers and the military discount the General
Equivalency Diploma.
(G) There is no cheap substitute for classroom
instruction and education programs that focus on
obtaining a General Equivalency Diploma as an end in
itself are misguided.
(4) Although the rates of teenage pregnancy and early
childbearing in the United States have decreased somewhat
recently, approximately 3,941,553 adolescent girls between the
ages of 10 and 17 gave birth in 1999, and the number of births
for 2000 has yet to be determined.
(5) While, as a Nation, we should continue to make efforts
to prevent unintended pregnancies, we must also provide
pregnant teenagers and young mothers with educational
opportunities to help them become productive citizens and good,
caring parents.
(6) No Americans, including pregnant teenagers, young
mothers, and young fathers, should be provided with a second-
rate, inferior education.
SEC. 3. STUDY AND REVIEW OF POLICIES.
(a) In General.--The Secretary of Education shall--
(1) conduct a study to review the value of a General
Equivalency Diploma (GED) relative to a traditional high school
degree; and
(2) review the policies and procedures of the Department of
Education to determine means by which the Department can reform
such policies and procedures to allow the Department--
(A) to cooperate with other Federal agencies to
improve the educational opportunities offered to all
Americans, including pregnant teenagers and young
mothers;
(B) to work with States and local educational
agencies to promote high quality education for all
Americans, including pregnant teenagers and young
mothers;
(C) to encourage individuals, including pregnant
teenagers and young mothers, who already have dropped
out of school to return to school to receive additional
training;
(D) to encourage individuals currently working to
obtain a General Equivalency Diploma to enter community
or four-year colleges in order to improve their skills
and enhance the value of their education credentials;
and
(E) to encourage the restructuring the General
Equivalency Diploma to make it more relevant to current
high educational standards.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall transmit to Congress a report
containing--
(1) the results of the study conducted under this section;
(2) the results of the review conducted under this section; and
(3) any recommendations for reform.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$2,000,000 for fiscal years 2002 and 2003. | General Equivalency Diploma Reform and Improvement Act of 2001 - Directs the Secretary of Education to study, review, and report to Congress on the relative value of General Equivalency Diplomas (GEDs) and Department of Education policies and procedures to determine how the Department can reform in order to: (1) cooperate with other Federal agencies, States, and local educational agencies to improve educational opportunities and promote high quality education for all, including pregnant teenagers and young mothers; and (2) encourage school dropouts to return to school, those working to obtain GEDs to enter colleges, and the restructuring of the GED to make it more relevant to current high educational standards. | {"src": "billsum_train", "title": "To direct the Secretary of Education to conduct a study of the relative value of General Equivalency Diplomas and a review of policies and procedures to determine how the Department of Education can better serve the Nation's educational needs, and for other purposes."} | 874 | 137 | 0.519846 | 1.722296 | 0.628608 | 3.056 | 6.712 | 0.96 |
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