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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tariff Inversion Jobs Act of 2017''.
SEC. 2. SENSE OF CONGRESS ON TARIFF INVERSIONS.
It is the sense of Congress that--
(1) it is a national imperative of the United States to
encourage economic production and jobs in the United States;
(2) the United States should not be creating incentives to
encourage United States companies to move production from the
United States to other countries;
(3) situations in which tariffs on inputs for a product are
higher than on the final product, commonly referred to as
tariff inversions, can have the effect of encouraging United
States companies to move production out of the United States;
(4) a tariff inversion exists with respect to the
production of televisions in the United States, since the
tariff on panels carries a tariff of 4.5 percent and the tariff
on the main board carries a tariff of 2.1 percent, but the
final product, televisions assembled in Mexico and exported to
the United States, enter the United States duty free;
(5) rectifying tariff inversions is entirely within the
prerogative of the United States;
(6) it should be the policy of the United States to
eliminate tariff inversions that create an incentive to
offshore production, including the tariff inversion regarding
televisions; and
(7) such a policy would help keep jobs in the United
States, ensure more United States citizens are employed,
strengthen United States competitiveness, and build a stronger
country.
SEC. 3. REPORT ON TARIFF INVERSIONS.
Not later than 180 days after the date of the enactment of this
Act, the United States International Trade Commission shall submit to
Congress a report on tariff inversions in the Harmonized Tariff
Schedule of the United States that includes--
(1) an identification of tariff inversions that create an
incentive for United States companies to move production out of
the United States; and
(2) recommendations for measures that could be taken to
eliminate such tariff inversions.
SEC. 4. ELIMINATION OF DUTY ON PANELS AND MAIN BOARDS FOR TELEVISIONS.
(a) Main Boards.--Chapter 85 of the Harmonized Tariff Schedule of
the United States is amended--
(1) by inserting in numerical sequence the following new
subheading, with the article description for subheading
8529.90.11 having the same degree of indentation as the article
description for subheading 8529.90.09:
`` 8529.90.11 For television Free ................. 35% ''
receivers............. ;
and
(2) by redesignating subheading 8529.90.13 as subheading
8529.90.14.
(b) Panels.--Chapter 90 of the Harmonized Tariff Schedule of the
United States is amended by striking subheading 9013.80.70 and
inserting the following new subheading, with the article description
for subheading 9013.80.71 having the same degree of indentation as the
article description for subheading 9013.80.40:
`` 9013.80.71 Flat panel displays Free ................... 45% ''
other than for .
articles of
heading 8528,
except subheadings
8528.52 or
8528.62, and
except for flat
panel displays for
use solely or
principally with
television
receivers of
subheading 8528.72
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to articles entered on or after January 1,
2014.
(2) Retroactive application for certain liquidations and
reliquidations.--
(A) In general.--Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law and subject to subparagraph (B), any
entry of an article classifiable under subheading
8529.90.11 or 9013.80.71 of the Harmonized Tariff
Schedule of the United States, as added by this
section, that was made--
(i) on or after January 1, 2014; and
(ii) before the date of the enactment of
this Act,
shall be liquidated or reliquidated as though such
entry occurred on such date of enactment.
(B) Requests.--A liquidation or reliquidation may
be made under subparagraph (A) with respect to an entry
only if a request therefor is filed with U.S. Customs
and Border Protection not later than 180 days after the
date of the enactment of this Act that contains
sufficient information to enable U.S. Customs and
Border Protection--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot
be located.
(C) Payment of amounts owed.--Any amounts owed by
the United States pursuant to the liquidation or
reliquidation of an entry of an article under
subparagraph (A) shall be paid, without interest, not
later than 90 days after the date of the liquidation or
reliquidation (as the case may be).
(D) Entry defined.--In this paragraph, the term
``entry'' includes a withdrawal from warehouse for
consumption. | Tariff Inversion Jobs Act of 2017 This bill directs the U.S. International Trade Commission to submit to Congress a report that: (1) identifies tariff inversions in the Harmonized Tariff Schedule of the United States (HTS) that create an incentive for U.S. companies to move production out of the United States, and (2) includes recommendations for measures that could be taken to eliminate such inversions. Tariff inversions occur when the duty rate for the final product is lower than the duty rate of the component parts. The bill amends the HTS to provide for the duty-free treatment of flat panel displays and main boards for televisions. | {"src": "billsum_train", "title": "Tariff Inversion Jobs Act of 2017"} | 1,151 | 140 | 0.652845 | 2.059921 | 0.675101 | 3.361345 | 8.260504 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Liu Xiaobo Legacy of
Freedom & Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Liu Xiaobo was China's most prominent advocate for
democracy, human rights and freedom and a powerful voice for
peaceful political reform.
(2) Liu Xiaobo, along with other pro-democracy advocates,
sought to raise the Chinese people's awareness of their dignity
and rights by publicly calling upon the Chinese Government to
govern in accordance with its Constitution and the
international human rights agreements it has ratified.
(3) Liu Xiaobo, by his long and visionary leadership, has
become the symbol of two generations of Chinese reformers--he
unites the generation of student who protested at Tiananmen
Square in 1989 and, through his role in Charter 08, a new
generation of rights advocates, human rights lawyers, and
intellectuals.
(4) Liu Xiaobo, and so many other advocates for freedom,
have suffered official retribution and imprisonment for daring
to speak out against a range of human rights abuses across
China. In addition, their family members have faced harassment
and detention in response to their advocacy efforts, including
Liu Xia, who was detained without charges in her home since
2010.
(5) In December 2009, a Beijing court sentenced Liu Xiaobo
to an eleven-year sentence in a Chinese prison for ``inciting
subversion of state power'', in part for his role in Charter
08, a document calling for human rights and political reform in
China.
(6) In May 2011, the U.N. Working Group on Arbitrary
Detention issued an opinion declaring that the Chinese
Government's imprisonment of Liu Xiaobo contravened the
Universal Declaration of Human Rights.
(7) In 2010, many persons from around the world nominated
Liu Xiaobo for the Nobel Peace Prize, including the 14th Dalai
Lama, Bishop Desmond Tutu, and Vaclav Havel. In awarding the
2010 Nobel Peace Prize for his ``long and non-violent struggle
for fundamental human rights in China'', the Norwegian Nobel
Committee noted that ``through the severe punishment meted out
to him, Liu Xiaobo has become the foremost symbol of the wide-
ranging struggle for human rights in China''. He reportedly is
the first person since 1935 to win the prize while in prison.
(8) Liu Xiaobo died of late stage liver cancer on July 13,
2017. He was the first Nobel Peace Prize laureate to die in
state custody since Carl Von Ossietzky, who died after being
detained in a Nazi concentration camp.
(9) Liu Xiaobo, and all those part of the pro-democracy
movement in China, are the conscience of the international
community regarding human rights in China and serve as a
constant reminder that human rights, democratic transparency,
and liberty are critical issues of bilateral relations that, if
finally realized in China, will make monumental contributions
to world peace and stronger and more prosperous United States-
China relations.
(10) Awarding Liu Xiaobo the Congressional Gold Medal, and
collectively to all those who have stood for freedom and
democracy in China despite repression, would not only recognize
his contributions to peace, but to global understanding of
China and would further inspire millions of Chinese with the
ideals of freedom he so heroically articulated.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) In General.--
(1) 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 the Congress, of a gold medal of appropriate design
to Liu Xiaobo or his personal representatives and collectively
to all those who have peacefully advocated for democracy and
human rights in China in recognition of their achievements and
for their contributions to the cause of freedom, human rights,
and peace in China and globally.
(2) Design and striking.--For the purposes of the award
referred to in paragraph (1), the Secretary of the Treasury
(referred to in this section as the ``Secretary'') shall strike
the gold medal with suitable emblems, devices, and
inscriptions, to be determined by the Secretary.
(3) Smithsonian institution.--
(A) In general.--Following the award of the gold
medal under paragraph (1), the gold medal shall be
given to the Smithsonian Institution, where it will be
available for display as appropriate and available for
research.
(B) Sense of congress.--It is the sense of the
Congress that the Smithsonian Institution should make
the gold medal awarded pursuant to this Act available
for display elsewhere, particularly at appropriate
locations--
(i) associated with the research of the
Tiananmen Protests of 1989 and their subsequent
violent suppression; and
(ii) dedicated to preserving the history of
the Chinese pro-democracy movement.
(b) Duplicate Medals.--The Secretary may strike and sell duplicates
in bronze of the gold medals struck pursuant to subsection (a) under
such regulations as the Secretary may prescribe, at a price sufficient
to cover the cost thereof, including labor, materials, dies, use of
machinery, and overhead expenses, and the cost of the gold medal.
(c) Status of Medals.--
(1) National medals.--Medals struck pursuant to this
section are national medals for purposes of chapter 51 of title
31, United States Code.
(2) Numismatic items.--For purposes of section 5134 of
title 31, United States Code, all medals struck under this
section shall be considered to be numismatic items.
SEC. 4. HOLDING ACCOUNTABLE CHINESE OFFICIALS COMPLICIT IN LIU XIAOBO'S
IMPRISONMENT.
It is the sense of Congress that the United States Government
should--
(1) seek the release of political prisoners in China,
including seeking the unconditional release of Liu Xia and
ensure her freedom of movement;
(2) condemn all efforts to censor or intimidate the
families of Liu Xiaobo and Liu Xia and censor news and
information about Liu Xiaobo and his legacy;
(3) identify those officials or individuals involved in the
arrest and arbitrary detention of Liu Xiaobo and his wife Liu
Xia;
(4) identify those officials or individuals complicit in
the torture and arbitrary detention of human rights lawyers and
rights advocates such as Xie Yang, Li Heping, Li Chunfu, Gao
Zhisheng, Chen Guangcheng, Jiang Tianyong, Tang Jingling, Wang
Quanzhang, and others peacefully advocating for human rights
and legal and political reforms in China and following in the
footsteps of Liu Xiaobo; and
(5) use the sanctions available under the Global Magnitsky
Human Rights Accountability Act (Public Law 114-328; 22 U.S.C.
2656 note) for those officials or individuals identified under
paragraph (4) because any official or individual complicit in
the torture or arbitrary detention of political prisoners
qualifies for the imposition of sanctions under that Act.
SEC. 5. PRESERVING THE LEGACY OF LIU XIAOBO.
It is the sense of Congress that funds should be authorized to
create appropriate fellowship programs and awards in Liu Xiaobo's
honor, to preserve his ideas and legacy until the Chinese people are
able to do so without censorship or fear, and to advance the universal
ideas of freedom, democracy and human rights in China and across the
globe. | Preserving Liu Xiaobo Legacy of Freedom & Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to award a Congressional Gold Medal to Liu Xiaobo and collectively to all those who have peacefully advocated for democracy and human rights in China in recognition of their achievements and contributions to freedom, human rights, and peace in China and globally. The bill expresses the sense of Congress that the Smithsonian Institution should make the medal available for display, particularly at locations: (1) associated with the research of the Tiananmen Protests of 1989 and their violent suppression, and (2) dedicated to preserving the history of the Chinese pro-democracy movement. | {"src": "billsum_train", "title": "Preserving Liu Xiaobo Legacy of Freedom & Gold Medal Act"} | 1,749 | 171 | 0.469647 | 1.634064 | 0.591418 | 5.276119 | 11.119403 | 0.947761 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Buford Furrow, a white supremacist, used a Glock pistol
decommissioned and sold by a law enforcement agency in the
State of Washington, to shoot children at a Jewish community
center in Los Angeles and kill a postal worker.
(2) Twelve firearms were recently stolen during shipment
from the Miami-Dade Police Department to Chicago, Illinois.
Four of these firearms have been traced to crimes in Chicago,
Illinois, including a shooting near a playground.
(3) In the past 9 years, decommissioned firearms once used
by law enforcement agencies have been involved in more than
3,000 crimes, including 293 homicides, 301 assaults, and 279
drug-related crimes.
(4) Many State and local law enforcement departments also
engage in the practice of reselling firearms involved in the
commission of a crime and confiscated. Often these firearms are
assault weapons that were in circulation prior to the
restrictions imposed by the Violent Crime Control and Law
Enforcement Act of 1994.
(5) Law enforcement departments in the States of New York
and Georgia, the City of Chicago, and other localities have
adopted the practice of destroying decommissioned firearms.
(b) Purpose.--The purpose of this Act is to reduce the number of
firearms on the streets by assisting State and local law enforcement
agencies to eliminate the practice of transferring decommissioned
firearms to any person.
SEC. 3. PROGRAM AUTHORIZED.
(a) Grants.--The Attorney General may make grants to States or
units of local government--
(1) to assist States and units of local government in
purchasing new firearms without transferring decommissioned
firearms to any person; and
(2) to destroy decommissioned firearms.
(b) Eligibility.--
(1) In general.--Except as provided in paragraph (2), to be
eligible to receive a grant under this Act, a State or unit of
local government shall certify that it has in effect a law or
official policy that--
(A) eliminates the practice of transferring any
decommissioned firearm to any person; and
(B) provides for the destruction of a
decommissioned firearm.
(2) Exception.--A State or unit of local government may
transfer a decommissioned firearm to another law enforcement
agency.
(c) Use of Funds.--A State or unit of local government that
receives a grant under this Act shall use such grant only to purchase
new firearms.
SEC. 4. APPLICATIONS.
(a) State Applications.--To request a grant under this Act, the
chief executive of a State shall submit an application, signed by the
Attorney General of the State requesting the grant, to the Attorney
General in such form and containing such information as the Attorney
General may reasonably require.
(b) Local Applications.--To request a grant under this Act, the
chief executive of a unit of local government shall submit an
application, signed by the chief law enforcement officer in the unit of
local government requesting the grant, to the Attorney General in such
form and containing such information as the Attorney General may
reasonably require.
SEC. 5. REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General shall promulgate regulations to implement this Act,
which shall specify the information that must be included and the
requirements that the States and units of local government must meet in
submitting applications for grants under this Act.
SEC. 6. REPORTING.
A State or unit of local government shall report to the Attorney
General not later than 2 years after funds are received under this Act,
regarding the implementation of this Act. Such report shall include
budget assurances that any future purchase of a firearm by the law
enforcement agency will be possible without transferring a
decommissioned firearm.
SEC. 7. DEFINITION.
For purposes of this Act--
(1) the term ``firearm'' has the same meaning given such
term in section 921(a)(3) of title 18, United States Code;
(2) the term ``decommissioned firearm'' means a firearm--
(A) no longer in service or use by a law
enforcement agency; or
(B) involved in the commission of a crime and
confiscated and no longer needed for evidentiary
purposes; and
(3) the term ``person'' has the same meaning given such
term in section 1 of title 1 of the United States Code.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for each of the fiscal years 2001 through 2005. | Permits a State or local government to: (1) transfer a decommissioned firearm to another law enforcement agency; and (2) use a grant under this Act only to purchase new firearms.
Authorizes appropriations. | {"src": "billsum_train", "title": "To provide grants to law enforcement agencies to purchase firearms needed to perform law enforcement duties."} | 1,016 | 48 | 0.562443 | 1.429033 | 0.638467 | 3.682927 | 22.804878 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Incentivize Growth Now In Tomorrow's
Entrepreneurs Act of 2013''.
SEC. 2. SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
(a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--SMALL BUSINESS START-UP SAVINGS ACCOUNTS
``Sec. 530A. Small Business Start-up Savings Accounts.
``SEC. 530A. SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
``(a) General Rule.--A small business start-up savings account
shall be exempt from taxation under this subtitle. Notwithstanding the
preceding sentence, the small business start-up savings account shall
be subject to the taxes imposed by section 511 (relating to imposition
of tax on unrelated business income of charitable organizations).
``(b) Small Business Start-Up Savings Account.--The term `small
business start-up savings account' means a trust created or organized
in the United States exclusively for the purpose of making qualified
start-up expenditures of the individual who is the designated
beneficiary of the trust (and designated as a small business start-up
savings account at the time created or organized), but only if the
written governing instrument creating the trust meets the following
requirements:
``(1) Except in the case of a rollover contribution
described in subsection (d)(4), no contribution will be
accepted unless it is in cash, and contributions will not be
accepted if such contribution would result in aggregate
contributions for the taxable year not exceeding the lesser
of--
``(A) $10,000, or
``(B) an amount equal to the compensation (as
defined in section 219(f)(1)) includible in the
individual's gross income for such taxable year.
``(2) The trustee is a bank (as defined in section 408(n))
or such other person who demonstrates to the satisfaction of
the Secretary that the manner in which such other person will
administer the trust will be consistent with the requirements
of this section.
``(3) No part of the trust funds will be invested in life
insurance contracts.
``(4) The assets of the trust will not be commingled with
other property except in a common trust fund or common
investment fund.
``(c) Qualified Start-Up Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualified start-up
expenditures' has the meaning given such term by section 195.
``(2) Special rule for corporation or partnership
interests.--Such term includes the taxpayer's allocable share
of qualified start-up expenditures of an entity in which the
taxpayer directly holds stock or a capital or profits interest.
``(3) Exception.--Such term shall not apply to any
expenditures paid or incurred in a taxable year in connection
with a trade or business if there is any day during the taxable
year on which the number of full-time employees of the trade or
business exceeds 50.
``(d) Tax Treatment of Distributions.--
``(1) In general.--Any distribution shall be includible in
the gross income of the distributee in the manner as provided
in section 72.
``(2) Distributions for qualified start-up expenditures.--
``(A) In general.--No amount shall be includible in
gross income under paragraph (1) if the qualified
start-up expenditures of the individual during the
taxable year are not less than the aggregate
distributions during the taxable year.
``(B) Distributions in excess of expenses.--If such
aggregate distributions exceed such expenses during the
taxable year, the amount otherwise includible in gross
income under paragraph (1) shall be reduced by the
amount which bears the same ratio to the amount which
would be includible in gross income under paragraph (1)
(without regard to this subparagraph) as the qualified
start-up expenditures bear to such aggregate
distributions.
``(C) Disallowance of excluded amounts as
deduction, credit, or exclusion.--No deduction, credit,
or exclusion shall be allowed to the taxpayer under any
other section of this chapter for any qualified start-
up expenditure to the extent taken into account in
determining the amount of the exclusion under this
paragraph.
``(3) Excess contributions returned before due date of
return.--
``(A) In general.--If any excess contribution is
contributed for a taxable year to any small business
start-up savings account of an individual, paragraph
(1) shall not apply to distributions from the small
business start-up savings accounts of such individual
(to the extent such distributions do not exceed the
aggregate excess contributions to all such accounts of
such individual for such year) if--
``(i) such distribution is received by the
individual on or before the last day prescribed
by law (including extensions of time) for
filing such individual's return for such
taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
``(B) Excess contribution.--For purposes of
subparagraph (A), the term `excess contribution' means
any contribution (other than a rollover contribution
described in paragraph (4)) which when added to all
previous contributions for the taxable year exceeds the
amount allowable as a contribution under subsection
(b)(1).
``(4) Rollover contribution.--Paragraph (1) shall not apply
to any amount paid or distributed from a small business start-
up savings account to the account beneficiary to the extent the
amount received is paid into a small business start-up savings
account for the benefit of such beneficiary not later than the
60th day after the day on which the beneficiary receives the
payment or distribution. For purposes of this paragraph, rules
similar to the rules of section 408(d)(3)(D) shall apply.
``(5) Transfer of account incident to divorce.--The
transfer of an individual's interest in a small business start-
up savings account to an individual's spouse or former spouse
under a divorce or separation instrument described in
subparagraph (A) of section 71(b)(2) shall not be considered a
taxable transfer made by such individual notwithstanding any
other provision of this subtitle, and such interest shall,
after such transfer, be treated as a small business start-up
savings account with respect to which such spouse is the
account beneficiary.
``(6) Treatment after death of account beneficiary.--
``(A) Treatment if designated beneficiary is
spouse.--If the account beneficiary's surviving spouse
acquires such beneficiary's interest in a small
business start-up savings account by reason of being
the designated beneficiary of such account at the death
of the account beneficiary, such account shall be
treated as if the spouse were the account beneficiary.
``(B) Other cases.--
``(i) In general.--If, by reason of the
death of the account beneficiary, any person
acquires the account beneficiary's interest in
a small business start-up savings account in a
case to which subparagraph (A) does not apply--
``(I) such account shall cease to
be a small business start-up savings
account as of the date of death, and
``(II) an amount equal to the fair
market value of the assets in such
account on such date shall be
includible if such person is not the
estate of such beneficiary, in such
person's gross income for the taxable
year which includes such date, or if
such person is the estate of such
beneficiary, in such beneficiary's
gross income for the last taxable year
of such beneficiary.
``(ii) Special rules.--
``(I) Reduction of inclusion for
predeath expenses.--The amount
includible in gross income under clause
(i) by any person (other than the
estate) shall be reduced by the amount
of qualified start-up expenditures
which were incurred by the decedent
before the date of the decedent's death
and paid by such person within 1 year
after such date.
``(II) Deduction for estate
taxes.--An appropriate deduction shall
be allowed under section 691(c) to any
person (other than the decedent or the
decedent's spouse) with respect to
amounts included in gross income under
clause (i) by such person.
``(e) Community Property Laws.--This section shall be applied
without regard to any community property laws.
``(f) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if the assets of such
account are held by a bank (as defined in subsection (n)) or another
person who demonstrates, to the satisfaction of the Secretary, that the
manner in which he will administer the account will be consistent with
the requirements of this section, and if the custodial account would,
except for the fact that it is not a trust, constitute a small business
start-up account described in subsection (a). For purposes of this
title, in the case of a custodial account treated as a trust by reason
of the preceding sentence, the custodian of such account shall be
treated as the trustee thereof.
``(g) Adjustment for Inflation.--In the case of a taxable year
beginning after December 31, 2014, the dollar amount in subsection
(b)(1) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2013' for
`calendar year 1992' in subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the nearest multiple
of $100.
``(h) Reports.--The trustee of a small business start-up savings
account shall make such reports regarding such account to the Secretary
and to the individual for whom the account is, or is to be, maintained
with respect to contributions (and the years to which they relate),
distributions, aggregating $10 or more in any calendar year, and such
other matters as the Secretary may require. The reports required by
this subsection--
``(1) shall be filed at such time and in such manner as the
Secretary prescribes, and
``(2) shall be furnished to individuals--
``(A) not later than January 31 of the calendar
year following the calendar year to which such reports
relate, and
``(B) in such manner as the Secretary prescribes.
``(i) Regulations.--The Secretary shall issue such regulations or
other guidance as may be necessary to carry out this section, including
for purposes of subsection (c)(2) the making reports by regarding
qualified start-up expenditures of an entity in which the taxpayer
directly holds stock or a capital or profits interest.''.
(b) Tax on Prohibited Transactions.--
(1) In general.--Paragraph (1) of section 4975(e) of such
Code (relating to prohibited transactions) is amended by
striking ``or'' at the end of subparagraph (F), by
redesignating subparagraph (G) as subparagraph (H), and by
inserting after subparagraph (F) the following new
subparagraph:
``(G) a small business start-up savings account
described in section 530A, or''.
(2) Special rule.--Subsection (c) of section 4975 of such
Code is amended by adding at the end of subsection (c) the
following new paragraph:
``(7) Special rule for small business start-up savings
accounts.--An individual for whose benefit a small business
start-up savings account is established and any contributor to
such account shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if
section 530A(d)(1) applies with respect to such transaction or
if such transaction is a qualified start-up expenditure (as
defined in section 530A(c)).''.
(c) Failure To Provide Reports on Small Business Start-Up Savings
Accounts.--Paragraph (2) of section 6693(a) of such Code is amended by
striking ``and'' at the end of subparagraph (D), by striking the period
at the end of subparagraph (E) and inserting ``, and'', and by adding
at the end the following new subparagraph:
``(F) section 530A(h) (relating to small business
start-up savings accounts).''.
(d) Excess Contributions.--Section 4973(b) of such Code is amended
by adding at the end the following new subsection:
``(h) Excess Contributions to Small Business Start-Up Savings
Accounts.--For purposes of this section, in the case of contributions
to a small business start-up savings account (within the meaning of
section 530A(b)), the term `excess contributions' means the sum of--
``(1) the excess (if any) of--
``(A) the amount contributed for the taxable year
to such accounts (other than a rollover contribution
described in section 530A(d)(4)), over
``(B) the amount allowable as a contribution under
section 530A(b)(1), and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts for the
taxable year, and
``(B) the excess (if any) of the maximum amount
allowable as a contribution under sections 530A(b)(1)
for the taxable year over the amount contributed to the
accounts for the taxable year.
For purposes of this subsection, any contribution which is
distributed from a small business start-up savings account in a
distribution described in section 530A(d)(3) shall be treated
as an amount not contributed.''.
(e) Clerical Amendment.--The table of contents for subchapter F of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part IX. Small Business Start-up Savings Accounts''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013. | Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2013 - Amends the Internal Revenue Code to establish tax-exempt small business start-up accounts to provide for expenditures related to the creation or acquisition of an active trade or business. Limits the annual amount that may be contributed to such accounts to the lesser of $10,000 or the taxpayer's compensation that is includible in gross income. Sets forth reporting requirements for the trustee of a small business start-up account. Makes the tax penalties for prohibited transactions and excess contributions applicable to small business start-up savings accounts. | {"src": "billsum_train", "title": "Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2013"} | 3,254 | 126 | 0.609129 | 1.663631 | 0.640452 | 2.834862 | 27.238532 | 0.87156 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Discriminatory State Taxes for
Automobile Renters Act of 2009''.
SEC. 2. PURPOSE.
The purpose of this Act is to prohibit prospectively, and provide a
remedy for tax discrimination by a State or Locality against the rental
of motor vehicles.
SEC. 3. DEFINITIONS.
(a) Assessment and Assessment Jurisdiction.--The term
``assessment'' means valuation for a property tax levied by a taxing
district. The term ``assessment jurisdiction'' means a geographical
area in a State or Locality used in determining the assessed value of
property for ad valorem taxation.
(b) Commercial and Industrial Property.--The term ``commercial and
industrial property'' means property, other than motor vehicle rental
property and land used primarily for agricultural purposes or timber
growing, devoted to a commercial or industrial use, and subject to a
property tax levy.
(c) Discriminatory Tax.--The term ``discriminatory tax'' includes
the following:
(1) A tax discriminates against the rental of motor
vehicles if a State or Locality imposes the tax on, or with
respect to--
(A) the rental of motor vehicles but not on, or
with respect to, the rental of more than 51 percent of
the rentals of other tangible personal property rented
within the State or Locality, or
(B) the rental of motor vehicles at a tax rate that
exceeds the tax rate generally applicable to at least
51 percent of the rentals of other tangible personal
property within the same State or Locality.
(2) A tax discriminates against the business of renting
motor vehicles if a State or Locality imposes the tax on, or
with respect to--
(A) the business of renting motor vehicles but not
on, or with respect to, the business of more than 51
percent of the other commercial and industrial
taxpayers within the State or Locality, on the same tax
base as the State or Locality employs with respect to
the business of renting motor vehicles, or
(B) the business of renting motor vehicles, at a
tax rate that exceeds the tax rate generally applicable
to the business of more than 51 percent of the other
commercial and industrial taxpayers within the State or
Local jurisdiction.
(3) A tax discriminates against motor vehicle rental
property if a State or Locality--
(A) assesses motor vehicle rental property at a
value that has a higher ratio to the true market value
of the property than the ratio that the assessed value
of other commercial and industrial property of the same
type in the same assessment jurisdiction has to the
true market value of the other commercial and
industrial property,
(B) levies or collects a tax on an assessment that
may not be made under subparagraph (A), or
(C) levies or collects an ad valorem property tax
on motor vehicle rental property at a tax rate that
exceeds the tax rate applicable to commercial and
industrial property in the same assessment
jurisdiction.
(d) Local or Locality.--The terms ``Local'' and ``Locality'' mean a
political subdivision of any State, or any governmental entity or
person acting on behalf of such Locality, and with the authority to
impose, levy or collect taxes.
(e) Motor Vehicle.--The term ``motor vehicle'' has the same meaning
as in section 13102(16) of title 49 of the United States Code.
(f) Other Commercial and Industrial Taxpayers.--The term ``other
commercial and industrial taxpayers'' means persons or entities who are
engaged in trade or business within a State or Locality and who are
subject to some form of taxation by a State or Locality.
(g) Rental of Motor Vehicles.--The term ``rental of motor
vehicles'' means the rental of a motor vehicle that is given by the
owner of the motor vehicle for exclusive use to another for not longer
than 180 days for valuable consideration and only includes the rental
of motor vehicles with a pre-arranged driver or motor vehicles without
a driver, but shall not include taxi cab service as defined by section
13102(20) of title 49 of the United States Code.
(h) State.--The term ``State'' means any of the several States, the
District of Columbia or any territory or possession of the United
States, or any governmental entity or person acting on behalf of such
State, and with the authority to impose, levy or collect taxes.
(i) Tax.--Except as otherwise specifically provided below, the term
``tax'' means any type of charge required by statute, regulation or
agreement to be paid or furnished to a State or Locality, regardless of
whether such charge is denominated as a tax, a fee, or any other type
of exaction. The term ``tax'' does not include any charge imposed by a
State or Locality with respect to a concession agreement at a federally
assisted airport (provided the agreement does not violate the revenue
diversion provisions of section 40116(d) of title 49 of the United
States Code, or the registration, licensing, or inspection of motor
vehicles, if the charge is imposed generally with respect to motor
vehicles, without regard to whether such vehicles are used in the
business of renting motor vehicles within the State or Locality.
(j) Tax Base.--The term ``tax base'' means the receipts, income,
value, weight, or other measure of a tax to which the rate is applied.
The ``tax base'' of a tax imposed on a per unit basis is the unit.
(k) Tax Rate Generally Applicable to Other Commercial and
Industrial Taxpayers.--The term ``tax rate generally applicable to
other commercial and industrial taxpayers'' means the lower of--
(1) the tax rate imposed on the greatest number of other
commercial and industrial taxpayers or their customers, or
(2) the unweighted average rate at which the tax is
imposed.
SEC. 4. PROHIBITED ACTS.
No State or Locality may levy or collect a discriminatory tax on
the rental of motor vehicles, the business of renting motor vehicles,
or motor vehicle rental property.
SEC. 5. REMEDIES.
(a) Jurisdiction.--Notwithstanding any provision of section 1341 of
title 28, United States Code, or the constitution or laws of any State,
the district courts of the United States shall have jurisdiction,
without regard to amount in controversy or citizenship of the parties,
to grant such mandatory or prohibitive injunctive relief, interim
equitable relief, and declaratory judgments as may be necessary to
prevent, restrain or terminate any acts in violation of this Act,
except that such jurisdiction shall not be exclusive of the
jurisdiction which any Federal or State court may have in the absence
of this section.
(b) Burden of Proof.--The burden of proof in any proceeding brought
under this Act shall be upon the party seeking relief and shall be by a
preponderance of the evidence on all issues of fact.
(c) Relief.--In granting relief against a tax which is imposed in
violation of section 4, the court shall strike the tax in its entirety,
unless the court finds the tax--
(1) is the equivalent of a specific tax imposed on at least
51 percent of other commercial and industrial taxpayers, and
(2) is not discriminatory in effect. If such tax is
discriminatory in effect with respect to tax rate or amount
only, the court shall strike only the discriminatory or
excessive portion of the tax as determined by the court.
Notwithstanding subsection (b) of this section, the burden of
proof on the issue of whether a tax is the equivalent of a tax
imposed on other commercial and industrial taxpayers shall be
on the State or Locality that imposes the tax.
(d) Cause of Action.--
(1) An action to enforce the provisions of this Act may be
brought only by a person who--
(A) rents motor vehicles to another person,
(B) is engaged in the business of renting motor
vehicles,
(C) owns motor vehicle rental property, or
(D) rents a motor vehicle from another person.
(2) A person who rents a motor vehicle from another person
and is seeking relief under this Act may only bring a cause of
action against the State or Locality imposing the
discriminatory tax as defined by this Act.
SEC. 6. LIMITATIONS.
This Act shall not be construed to constitute the consent of
Congress to State or Local taxation that would be prohibited in the
absence of this Act.
SEC. 7. EFFECTIVE DATE.
(a) Effective Date.--The provisions of this Act shall become
effective on December 2, 2009.
(b) Exclusion.--Discriminatory taxes as defined by this Act are not
prohibited under this Act if--
(1) State or Local legislative authorization for a
discriminatory tax that is in effect as of December 2, 2009,
does not lapse, the tax rate does not increase and the tax base
for such tax does not change; or
(2) a State enacts legislation by December 2, 2009;
(A) that specifically authorizes a Locality to
impose a discriminatory tax;
(B) the Locality imposes the authorized tax within
five years from the date the State enacted the
authorization for the Local tax; and
(C) the tax rate imposed by the Locality is not
increased and the tax base for such tax does not
change. | End Discriminatory State Taxes for Automobile Renters Act of 2009 - Prohibits states or local governments from levying or collecting a discriminatory tax (generally, a tax or tax assessment that is applicable to the rental of motor vehicles or motor vehicle businesses or property, but not to the majority of other rentals of tangible personal property within a state or locality) on the rental of motor vehicles, motor vehicle rental businesses, or motor vehicle rental property. | {"src": "billsum_train", "title": "To protect consumers from discriminatory State taxes on motor vehicle rentals."} | 2,098 | 102 | 0.651462 | 1.676587 | 0.913462 | 2.915663 | 23.144578 | 0.915663 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending the Monopoly of Power Over
Workplace Harassment through Education and Reporting Act - Part 2'' or
the ``EMPOWER Act - Part 2''.
SEC. 2. TAX TREATMENT OF AMOUNTS RELATED TO JUDGMENTS.
(a) Denial of Deduction.--
(1) In general.--Part IX of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new section:
``SEC. 280I. AMOUNTS RELATED TO JUDGMENTS WITH RESPECT TO WORKPLACE
HARASSMENT, INCLUDING SEXUAL HARASSMENT.
``No deduction shall be allowed under this chapter for amounts paid
or incurred by the taxpayer--
``(1) pursuant to any judgment or award in litigation
related to workplace harassment, including sexual harassment,
or
``(2) for expenses and attorney's fees in connection with
the litigation resulting in the judgment or award described in
paragraph (1) (other than expenses or attorney's fees paid by
the workplace harassment plaintiff or claimant), or for any
insurance covering the defense or liability of the underlying
claims with respect to such litigation.''.
(2) Clerical amendment.--The table of sections for part IX
of subchapter B of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 280I. Amounts related to judgments with respect to workplace
harassment, including sexual harassment.''.
(3) Conforming amendment.--Section 162 of such Code is
amended by striking subsection (q).
(4) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred in taxable years
beginning after the date of the enactment of this Act.
(b) Exclusion From Income.--
(1) In general.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by inserting after
section 139G the following new section:
``SEC. 139H. AMOUNTS RECEIVED IN CONNECTION WITH JUDGMENTS, AWARDS, AND
SETTLEMENTS WITH RESPECT TO WORKPLACE HARASSMENT.
``Gross income shall not include any amount received in connection
with a judgment or award in, or a settlement of--
``(1) a claim related to workplace harassment, including
sexual harassment or other unlawful discrimination, or
``(2) any other claim of unlawful discrimination (as
defined by section 62(e)).
The preceding sentence shall not include any employment discrimination
compensation to which section 1302 applies.''.
(2) 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 139G the following
new item:
``Sec. 139H. Amounts received in connection with judgments, awards, or
settlements with respect to workplace
harassment.''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts received in taxable years beginning
after the date of the enactment of this Act.
SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR COMPENSATION
RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT
DISCRIMINATION.
(a) In General.--Part I of subchapter Q of chapter 1 of the
Internal Revenue Code of 1986 (relating to income averaging) is amended
by adding at the end the following new section:
``SEC. 1302. INCOME FROM COMPENSATION RECEIVED ON ACCOUNT OF CERTAIN
UNLAWFUL EMPLOYMENT DISCRIMINATION.
``(a) General Rule.--In the case of any employment discrimination
compensation received during any taxable year, the tax imposed by this
chapter for such taxable year with respect to such compensation shall
not exceed the sum of--
``(1) the tax which would be so imposed if--
``(A) no amount of such compensation were included
in gross income for such year, and
``(B) no deduction were allowed for such year for
expenses otherwise allowable as a deduction to the
taxpayer for such year in connection with making or
prosecuting any claim of unlawful employment
discrimination by or on behalf of the taxpayer, plus
``(2) the product of--
``(A) the combined number of years in the backpay
period and the foregone compensation period, and
``(B) the amount by which the tax determined under
paragraph (1) would increase if the sum of--
``(i) the average of the average annual net
employment discrimination compensation in the
backpay period, and
``(ii) the average of the average annual
net employment discrimination compensation in
the foregone compensation period,
were included in gross income for such year.
``(b) Definitions.--For purposes of this section--
``(1) Employment discrimination compensation.--The term
`employment discrimination compensation' means any backpay or
foregone compensation receivable (whether as lump sums or
periodic payments) on account of a judgment or settlement
resulting from a claim of unlawful discrimination (as defined
in section 62(e)) in violation of law which relates to
employment.
``(2) Backpay.--The term `backpay' means amounts which are
includible in gross income for the taxable year as compensation
which is attributable to services performed (or which would
have been performed but for the violation of law described in
paragraph (1)) as an employee, former employee, or prospective
employee in years before such taxable year for the taxpayer's
employer, former employer, or prospective employer.
``(3) Foregone compensation.--The term `foregone
compensation' means amounts which are includible in gross
income for the taxable year as compensation which is
attributable to services which would have been performed in
years after such taxable year but for the violation of law
described in paragraph (1).
``(4) Backpay period.--The term `backpay period' means the
period during which services described in paragraph (2) were
performed or would have been performed but for the violation of
law described in paragraph (1). If such period is not equal to
a whole number of taxable years, such period shall be increased
to the next highest number of whole taxable years.
``(5) Foregone compensation period.--The term `foregone
compensation period' means the period during which services
described in paragraph (3) would have been performed but for
the violation of law described in paragraph (1). If such period
is not equal to a whole number of taxable years, such period
shall be increased to the next highest number of whole taxable
years.
``(6) Average annual net employment discrimination
compensation.--The term `average annual net employment
discrimination compensation' with respect to any period means
the amount equal to--
``(A) the excess of--
``(i) employment discrimination
compensation attributable to such period, over
``(ii) the amount of the deductions
described in subsection (a)(1)(B), divided by
``(B) the total number of years in the backpay
period and the foregone compensation period.''.
(b) Clerical Amendment.--The table of sections for part I of
subchapter Q of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after section 1301 the following new item:
``Sec. 1302. Income from compensation received on account of certain
unlawful employment discrimination.''.
(c) Income Averaging Not To Increase Alternative Minimum Tax
Liability.--Section 55(c) of the Internal Revenue Code of 1986 is
amended by redesignating paragraph (3) as paragraph (4) and by
inserting after paragraph (2) the following new paragraph:
``(3) Coordination with income averaging for amounts
received on account of employment discrimination.--Solely for
purposes of this section, section 1302 shall not apply in
computing the regular tax liability.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after the
date of the enactment of this Act. | Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act - Part 2 or the EMPOWER Act - Part 2 This bill amends the Internal Revenue Code to modify the tax treatment of expenses and payments related to workplace harassment and employment discrimination. The bill prohibits a tax deduction for amounts paid or incurred by the taxpayer: pursuant to any judgment or award in litigation related to workplace harassment, including sexual harassment; for expenses and attorney's fees in connection with the litigation resulting in the judgment or award (other than expenses or fees paid by the workplace harassment plaintiff or claimant); or for insurance covering the defense or liability of the underlying claims in the litigation. The bill also: (1) excludes from gross income amounts received in connection with a judgment, award, or settlement related to workplace harassment, including sexual harassment or other unlawful discrimination; and (2) limits the taxation of and the application of the alternative minimum tax to compensation received under a settlement or judgment for employment discrimination. | {"src": "billsum_train", "title": "Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act \u2013 Part 2"} | 1,872 | 217 | 0.646042 | 1.878227 | 0.75906 | 4.477157 | 8.19797 | 0.903553 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Pipeline Research,
Development, and Demonstration Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) natural gas and hazardous liquid pipelines are a key
component of the energy infrastructure of the United States;
(2) many of these pipelines are aging facilities and
therefore more susceptible to failure;
(3) these facilities, with their unprotected rights-of-way,
are also highly vulnerable to terrorist attacks and other
disruptions;
(4) interruptions in service on major pipelines, whether a
result of pipeline failure or purposeful action, can have
enormous consequences for the economy and security of the
United States;
(5) new energy sources such as hydrogen will require a new
generation of pipelines; and
(6) a more coordinated research, development,
demonstration, and standardization program is needed to ensure
the use of existing technologies and the development of new
technologies to increase the safety and security of these
critical facilities.
SEC. 3. PIPELINE INTEGRITY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
(a) Establishment of Cooperative Program.--
(1) In general.--The heads of the participating agencies
shall develop and implement a program of research, development,
demonstration, and standardization to ensure the integrity of
pipeline facilities.
(2) Elements.--The program shall include research,
development, demonstration, and standardization activities
related to--
(A) materials research and inspection;
(B) stress and fracture analysis, and detection of
cracks, corrosion, abrasion, and other abnormalities
inside pipelines that lead to pipeline failure;
(C) leak detection technologies, including
detection of leaks at very low volumes;
(D) flow metering and methods of analyzing content
of pipeline throughput;
(E) pipeline security, including improving the
surveillance of pipeline rights-of-way;
(F) risk assessment methodology;
(G) information systems surety; and
(H) other elements the heads of the participating
agencies consider appropriate.
(3) Activities and capabilities report.--Not later than 6
months after the date of the enactment of this Act, the
participating agencies shall transmit to the Congress a report
on the activities and capabilities of the participating
agencies, including the national laboratories, and any other
Federal agencies that are relevant to or could contribute to
research, development, demonstration, and standardization
activities under the program plan prepared under this section.
(b) Program Plan.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the participating agencies shall
prepare and transmit to Congress a 5-year program plan to guide
activities under this section. Such program plan shall be
submitted to the Pipeline Integrity Technical Advisory
Committee established under subsection (c) for review, and the
report to Congress shall include the comments of the Advisory
Committee. The 5-year program plan shall describe related
activities of Federal agencies that are not participating
agencies.
(2) Consultation.--In preparing the program plan, the
participating agencies shall consult with appropriate
representatives of State and local government and the private
sector, including the gas, crude oil, and petroleum product
pipeline industries, to help establish program priorities and
to select and prioritize appropriate project proposals.
(3) Advice from other entities.--In preparing the program
plan, the participating agencies may also seek the advice of
other Federal agencies, utilities, manufacturers, institutions
of higher learning, pipeline research institutions, national
laboratories, environmental organizations, pipeline safety
advocates, professional and technical societies, and any other
appropriate entities.
(c) Pipeline Integrity Technical Advisory Committee.--
(1) Establishment.--The participating agencies shall
establish and manage a Pipeline Integrity Technical Advisory
Committee (in this subsection referred to as the ``Advisory
Committee''). The Advisory Committee shall be established not
later than 6 months after the date of the enactment of this
Act.
(2) Duties.--The Advisory Committee shall--
(A) advise the participating agencies on the
development and implementation of the program plan
prepared under subsection (b); and
(B) have a continuing role in evaluating the
progress and results of research, development,
demonstration, and standardization activities carried
out under this section.
(3) Membership.--
(A) Appointment.--The Advisory Committee shall be
composed of--
(i) 3 members appointed by the Secretary of
Energy;
(ii) 3 members appointed by the Secretary
of Transportation; and
(iii) 3 members appointed by the Director
of the National Institute of Standards and
Technology.
In making such appointments, the participating agencies
shall seek recommendations from the National Academy of
Sciences.
(B) Qualifications.--Members appointed to the
Advisory Committee shall have experience or be
technically qualified, by training or knowledge, in the
operations of either the hazardous liquid or gas
pipeline industries, and have experience in the
research and development of pipeline or related
technologies.
(C) Compensation.--The members of the Advisory
Committee shall serve without compensation, but shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703
of title 5, United States Code.
(4) Meetings.--The Advisory Committee shall meet at least 4
times each year.
(5) Termination.--The Advisory Committee shall terminate 5
years after its establishment.
(d) Reports to Congress.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the participating
agencies shall each transmit to the Congress a report on the status and
results to date of the implementation of their portion of the program
plan prepared under subsection (b).
SEC. 4. MEMORANDUM OF UNDERSTANDING.
Not later than 120 days after the date of the enactment of this
Act, the participating agencies shall enter into a memorandum of
understanding detailing their respective responsibilities under this
Act, consistent with the activities and capabilities identified under
section 3(a)(3). Each of the participating agencies shall have the
primary responsibility for ensuring that the elements of the program
plan within their jurisdiction are implemented in accordance with this
Act. The Department of Transportation's responsibilities shall reflect
its expertise in pipeline inspection and information systems surety.
The Department of Energy's responsibilities shall reflect its expertise
in low-volume leak detection and surveillance technologies. The
National Institute of Standards and Technology's responsibilities shall
reflect its expertise in standards and materials research.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Secretary of Energy $10,000,000;
(2) to the Secretary of Transportation $5,000,000; and
(3) to the National Institute of Standards and Technology
$5,000,000,
for each of the fiscal years 2002 through 2006 for carrying out this
Act.
SEC. 6. DEFINITION.
For purposes of this Act, the term ``participating agencies'' means
the Department of Energy, the Department of Transportation, and the
National Institute of Standards and Technology. | Energy Pipeline Research, Development, and Demonstration Act - Directs the heads of the Department of Energy, the Department of Transportation, and the National Institute of Standards and Technology (participating agencies) to develop and implement a cooperative Federal research, development, demonstration, and standardization program to ensure the integrity of pipeline facilities.Establishes a Pipeline Integrity Technical Advisory Committee to advise participating agencies on the development and implementation of a five-year program plan to guide research, development, demonstration, and standardization activities under this Act. Requires participating agencies to enter into a memorandum of understanding (MOU) detailing their respective responsibilities under this Act. | {"src": "billsum_train", "title": "To provide for the establishment of a cooperative Federal research, development, and demonstration program to ensure the integrity of pipeline facilities, and for other purposes."} | 1,504 | 152 | 0.531826 | 1.369493 | 0.667861 | 4.941176 | 12.109244 | 0.957983 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Safety Board Act
Amendments of 1994''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 1118(a) of title 49, United States Code, is amended to read
as follows:
``(a) In General.--There is authorized to be appropriated for the
purposes of this chapter $37,580,000 for fiscal year 1994, $44,000,000
for fiscal year 1995, and $45,100,000 for fiscal year 1996. Such sums
shall remain available until expended.''.
SEC. 3. APPLICABILITY OF CERTAIN REGULATIONS AND REQUIREMENTS TO THE
OPERATION OF PUBLIC AIRCRAFT.
(a) Definition of Public Aircraft.--Section 40102(a)(37) of title
49, United States Code, is amended by striking subparagraph (B) and
inserting the following:
``(B) does not include a government-owned aircraft--
``(i) transporting property for commercial purposes; or
``(ii) transporting passengers other than--
``(I) transporting (for other than commercial
purposes) crewmembers or other persons aboard the
aircraft whose presence is required to perform, or is
associated with the performance of, a governmental
function such as firefighting, search and rescue, law
enforcement, aeronautical research, or biological or
geological resource management; or
``(II) transporting (for other than commercial
purposes) persons aboard the aircraft if the aircraft
is operated by the Armed Forces or an intelligence
agency of the United States.
An aircraft described in the preceding sentence shall,
notwithstanding any limitation relating to use of the aircraft
for commercial purposes, be considered to be a public aircraft
for the purposes of this part without regard to whether the
aircraft is operated by a unit of government on behalf of
another unit of government, pursuant to a cost reimbursement
agreement between such units of government, if the unit of
government on whose behalf the operation is conducted certifies
to the Administrator of the Federal Aviation Administration
that the operation was necessary to respond to a significant
and imminent threat to life or property (including natural
resources) and that no service by a private operator was
reasonably available to meet the threat.''.
(b) Authority To Grant Exemptions.--
(1) In general.--The Administrator of the Federal Aviation
Administration may grant an exemption to any unit of Federal,
State, or local government from any requirement of part A of
subtitle VII of title 49, United States Code, that would otherwise
be applicable to current or future aircraft of such unit of
government as a result of the amendment made by subsection (a) of
this section.
(2) Requirements.--The Administrator may grant an exemption
under paragraph (1) only if--
(A) the Administrator finds that granting the exemption is
necessary to prevent an undue economic burden on the unit of
government; and
(B) the Administrator certifies that the aviation safety
program of the unit of government is effective and appropriate
to ensure safe operations of the type of aircraft operated by
the unit of government.
(c) Investigative Authority of Board.--
(1) Accidents involving public aircraft.--Section 1131(a)(1)(A)
of title 49, United States Code, is amended by inserting before the
semicolon at the end the following: ``or an aircraft accident
involving a public aircraft as defined by section 40102(a)(37) of
this title other than an aircraft operated by the Armed Forces or
by an intelligence agency of the United States''.
(2) Duties and powers.--Section 1131 of title 49, United States
Code, is amended--
(A) by redesignating subsection (d) as subsection (e); and
(B) by inserting after subsection (c) the following:
``(d) Accidents Involving Public Aircraft.--The Board, in
furtherance of its investigative duties with respect to public aircraft
accidents under subsection (a)(1)(A) of this section, shall have the
same duties and powers as are specified for civil aircraft accidents
under sections 1132(a), 1132(b), and 1134(b)(2) of this title.''.
(d) Effective Date.--The amendments made by subsections (a) and (c)
shall take effect on the 180th day following the date of the enactment
of this Act.
SEC. 4. RELEASE OF RESERVATIONS AND RESTRICTIONS ON CERTAIN PROPERTY
LOCATED IN RAPIDES PARISH, LOUISIANA.
(a) Release.--Notwithstanding any other provision of law, and
except as provided in subsections (b) and (d), the United States
releases without consideration all reservations, restrictions,
conditions, and limitations on the use, encumbrance, or conveyance of
certain real property (together with any improvements thereon and
easements appurtenant thereto) consisting of approximately 1,991.53
acres of land and located in Rapides Parish, Louisiana, the location of
Esler Field, as identified in the deed of conveyance from the United
States to the Parish of Rapides, Louisiana, dated January 23, 1958, to
the extent such reservations, restrictions, conditions, and limitations
are enforceable by the United States.
(b) Exceptions.--The United States reserves the right of reentry
upon or use of the property described in subsection (a) for national
defense purposes in time of war or other national emergency without
charge. The release provided by subsection (a) does not apply to any
conditions or assurances associated with (1) the continued nonexclusive
use without charge of the airport and use of space at the airport,
without charge, by the Louisiana National Guard, (2) the nonexclusive
use of the airport by transient military aircraft without charge, or
(3) the nonexclusive use of the airport by transient military aircraft
without charge during periods of maneuvers.
(c) Limitation on Statutory Construction.--Nothing in this section
shall be construed to affect the disposition or ownership of oil, gas,
or other mineral resources either in or under the surface of the real
property described in subsection (a).
(d) Federal Aviation Administration.--
(1) Nonapplicability of release to grant agreements.--The
release described in subsection (a) does not apply to any
conditions and assurances associated with existing airport grant
agreements between the Rapides Parish Airport Authority/Esler Field
and the Federal Aviation Administration.
(2) Agreement.--Notwithstanding any other provisions of law,
the Administrator of the Federal Aviation Administration shall
enter into an agreement with the Airport Authority of Rapides
Parish, Louisiana, to provide for the terms and conditions under
which the real property described in subsection (a) may be used,
leased, sold, or otherwise disposed. The agreement shall be
concluded not later than 180 days after the date of the enactment
of this Act.
(e) Effective Date.--This section shall take effect on the 180th
day following the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Independent Safety Board Act Amendments of 1994 - Amends Federal transportation law to authorize appropriations for FY 1994 through 1996 for the National Transportation Safety Board (NTSB). (Sec. 3) Revises the application of Federal Aviation Administration (FAA) economic and safety requirements to public aircraft (aircraft used exclusively in the service of any Federal, State, or local government, except government-owned aircraft engaged in transporting persons or property for commercial purposes). Revises the definition of "public aircraft" to include provision of non- commercial passenger transportation of crewmembers or other persons aboard such aircraft for a governmental function such as firefighting, search and rescue, law enforcement, aeronautical research, or biological or geological resource management. Authorizes the Administrator of the FAA (Administrator) to exempt such aircraft from such requirements if he: (1) finds that such exemption is necessary to prevent undue economic burden on the government unit which owns and operates or exclusively leases it; and (2) certifies that the government unit's aviation safety program is effective to ensure the safe operation of such aircraft. Grants the NTSB authority to investigate nonmilitary public aircraft accidents. (Sec. 4) Declares that the United States releases, without consideration, all reservations, restrictions, conditions, and limitations contained in a certain deed conveying certain property, known as Esler Field, to the Parish of Rapides, Louisiana. Sets forth specified exceptions. Requires the Administrator to enter into an agreement with the Airport Authority of Rapides Parish, Louisiana, to provide for the terms and conditions under which such real property may be used, leased, sold, or otherwise disposed. | {"src": "billsum_train", "title": "Independent Safety Board Act Amendments of 1994"} | 1,578 | 371 | 0.606984 | 2.000839 | 0.872831 | 3.162939 | 4.447284 | 0.85623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Police Officers' Bill of Rights Act
of 1994''.
SEC. 2. RIGHTS OF LAW ENFORCEMENT OFFICERS.
Part H of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3781 et seq.) is amended by adding at the end
thereof the following new section:
``rights of law enforcement officers
``Sec. 820. (a) Political Activity.--Except when on duty or acting
in an official capacity, no law enforcement officer shall be prohibited
from engaging in political activity or be denied the right to refrain
from engaging in such activity.
``(b) Rights of Law Enforcement Officers While Under
Investigation.--When a law enforcement officer is under investigation
or is subjected to questioning for any reason, other than in connection
with an investigation or action described in subsection (h), under
circumstances that could lead to disciplinary action, the following
minimum standards shall apply:
``(1) Questioning of the law enforcement officer shall be
conducted at a reasonable hour, preferably when the law
enforcement officer is on duty, unless exigent circumstances
otherwise require.
``(2) Questioning of the law enforcement officer shall take
place at the offices of those conducting the investigation or
the place where such law enforcement officer reports for duty
unless the officer consents in writing to being questioned
elsewhere.
``(3) The law enforcement officer under investigation shall
be informed, at the commencement of any questioning, of the
name, rank, and command of the officer conducting the
questioning.
``(4) During any single period of questioning of the law
enforcement officer, all questions shall be asked by or through
a single investigator.
``(5) The law enforcement officer under investigation shall
be informed in writing of the nature of the investigation prior
to any questioning.
``(6) Any questioning of a law enforcement officer in
connection with an investigation shall be for a reasonable
period of time and shall allow for reasonable periods for the
rest and personal necessities of the law enforcement officer.
``(7) No threat against, harassment of, or promise or
reward (except an officer of immunity from prosecution) to any
law enforcement officer shall be made in connection with an
investigation to induce the answering of any question.
``(8) All questioning of any law enforcement officer in
connection with the investigation shall be recorded in full in
writing or by electronic device, and a copy of the transcript
shall be made available to the officer under investigation.
``(9) The law enforcement officer under investigation shall
be entitled to the presence of counsel (or any other one person
of the officer's choice) at any questioning of the officer,
unless the officer consents in writing to being questioned
outside the presence of counsel.
``(10) At the conclusion of the investigation, the person
in charge of the investigation shall inform the law enforcement
officer under investigation, in writing, of the investigative
findings and any recommendation for disciplinary action that
the person intends to make.
``(11) A law enforcement officer who brought before a
disciplinary hearing shall be provided access to all
transcripts, records, written statements, written reports and
analyses and video tapes pertinent to the case that--
``(A) contain exculpatory information;
``(B) are intended to support any disciplinary
action; or
``(C) are to be introduced in the disciplinary
hearing.
``(c) Opportunity for a Hearing.--(1) Except in a case of summary
punishment or emergency suspension described in subsection (d), if an
investigation of a law enforcement officer results in a recommendation
of disciplinary action, the law enforcement agency shall notify the law
enforcement officer that the officer is entitled to a hearing on the
issues by a hearing officer or board.
``(2)(A) Subject to subparagraph (B), a State shall determine the
composition of a disciplinary hearing board and the procedures for a
disciplinary hearing.
``(B) A disciplinary hearing board that includes employees of the
law enforcement agency of which the officer who is the subject of the
hearing is a member shall include at least one law enforcement officer
of equal or lesser rank to the officer who is the subject of the
hearing.
``(3) A penalty greater than that which was recommended by the
trial board cannot be imposed upon the officer.
``(d) Summary Punishment and Emergency Suspension.--(1) This
section does not preclude a State from providing for summary punishment
or emergency suspension for misconduct by a law enforcement officer.
``(2) An emergency suspension shall not affect or infringe on the
health benefits of a law enforcement officer.
``(e) Notice of Disciplinary Action.--When disciplinary action is
to be taken against a law enforcement officer, the officer shall be
notified of the action and the reasons therefor a reasonable time
before the action takes effect.
``(f) Retaliation for Exercising Rights.--There shall be no penalty
or threat of penalty against a law enforcement officer for the exercise
of the officer's rights under this section.
``(g) Other Remedies Not Impaired.--(1) Nothing in this section
shall be construed to impair any other legal remedy that a law
enforcement officer has with respect to any rights under this section.
``(2) A law enforcement officer may waive any of the rights
guaranteed by this section.
``(h) Application of Section.--This section does not apply in the
case of--
``(1) an investigation of criminal conduct by a law
enforcement officer; or
``(2) a nondisciplinary action taken in good faith on the
basis of a law enforcement officer's employment-related
performance.
``(i) Definitions.--For the purposes of this section--
``(1) the term `disciplinary action' means the suspension,
demotion, reduction in pay or other employment benefit,
dismissal, transfer, or similar action taken against a law
enforcement officer as punishment for misconduct;
``(2) the term `emergency suspension' means temporary
action imposed by the head of the law enforcement agency when
that official determines that the action is in the best
interests of the public;
``(3) the term `summary punishment' means punishment
imposed for a minor violation of a law enforcement agency's
rules and regulations that does not result in disciplinary
action;
``(4) the term `law enforcement agency' means a public
agency charged by law with the duty to investigate crimes or
apprehend or hold in custody persons charged with or convicted
of crimes; and
``(5) the term `law enforcement officer' means a full-time
police officer, sheriff, or correctional officer of a law
enforcement agency.
``(j) Prohibition of Adverse Material in Officer's File.--A law
enforcement agency shall not insert any adverse material into the file
of any law enforcement officer unless the officer has had an
opportunity to review and comment in writing on the adverse material.
``(k) Disclosure of Personal Assets.--A law enforcement officer
shall not be required or requested to disclose any item of the
officer's personal property, income, assets, sources of income, debts,
personal or domestic expenditures (including those of any member of the
officer's household), unless
``(1) the information is necessary in investigating a
violation of any Federal, State, or local law, rule, or
regulation with respect to the performance of official duties;
or
``(2) such disclosure is required by Federal, State, or
local law.
``(l) Enforcement of Protections for Law Enforcement Officers.--(1)
A State shall have not more than 2 legislative sessions to enact a Law
Enforcement Officers' Bill of Rights that provides rights for law
enforcement officers that are substantially similar to the rights
afforded under this section.
``(2) After the expiration of the time limit described in paragraph
(1), a law enforcement officer shall have a cause of action in State
court for the recovery of pecuniary and other damages and full
reinstatement against a law enforcement agency that materially violates
the rights afforded by this section.
``(3) The sovereign immunity of a State shall not apply in the case
of a violation of the rights afforded by this section.
``(m) States' Rights.--This section does not preempt State law or
collective bargaining agreements or discussions during the collective
bargaining process that provide rights for law enforcement officers
that are substantially similar to the rights afforded by this
section.''. | Police Officers' Bill of Rights Act of 1994 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or denied the right to refrain from engaging in such activity.
Sets forth minimum standards that shall apply when an officer is under investigation or is subjected to questioning under circumstances that could lead to disciplinary action, including that: (1) questioning be conducted at a reasonable hour and take place at the offices of those conducting the investigation, with exceptions; (2) the officer under investigation be informed in writing of the nature of the investigation prior to questioning; (3) any questioning be for a reasonable period of time, allowing for reasonable periods for rest and personal necessities; (4) such questioning be recorded in full in writing or by electronic device, and a copy of the transcript be made available to the officer under investigation; and (5) the officer be entitled to the presence of counsel or other individual at the questioning.
Requires the law enforcement agency to notify the officer that such officer is entitled to a hearing by a hearing officer or board, with exceptions for summary punishment or emergency suspension for misconduct. Specifies that an emergency suspension shall not affect the officer's health benefits.
Sets forth provisions: (1) with respect to the composition of a disciplinary hearing board and procedures for a disciplinary hearing; and (2) limiting the penalty to that which was recommended by the trial board.
Provides for notice of disciplinary action. Bars any penalty or threat of penalty against the officer for the exercise of rights under this Act.
Prohibits: (1) a law enforcement agency from inserting any adverse material into the file of an officer unless such officer has had an opportunity to review and comment in writing on the adverse material; (2) requiring or requesting an officer to disclose personal property, income, assets, sources of income, debts, or expenditures (including those of any household member) unless the information is necessary in investigating a violation of law, rule, or regulation with respect to the performance of official duties, or where such disclosure is required by Federal, State, or local law; and (3) a State from having more than two legislative sessions to enact a Law Enforcement Officers' Bill of Rights that provides rights substantially similar to those afforded under this Act.
Authorizes a cause of action in State court by the officer for recovery of damages and full reinstatement against a law enforcement agency that materially violates rights afforded under this Act. Specifies that the sovereign immunity of a State shall not apply in the case of a violation of such rights.
Specifies that this Act does not preempt State law or collective bargaining agreements or discussions that provide rights for officers that are substantially similar to those afforded by this Act. | {"src": "billsum_train", "title": "Police Officers' Bill of Rights Act of 1994"} | 1,860 | 620 | 0.69217 | 2.034359 | 0.645335 | 4.917688 | 3.161121 | 0.95972 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arctic Science Endowment Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The United States is an Arctic Nation with--
(A) an approximately 700-mile border with the
Arctic Ocean;
(B) more than 100,000,000 acres of land above the
Arctic Circle; and
(C) an even broader area defined as Arctic by
temperature, which includes the Bering Sea and Aleutian
Islands.
(2) The Arctic region of the United States is home to an
indigenous population that has subsisted for millennia on the
abundance in marine mammals, fish, and wildlife, many of which
are unique to the region.
(3) Temperatures in the United States Arctic region have
warmed by 3 to 4 degrees Celsius over the past half-century, a
rate of increase that is twice the global average.
(4) The Arctic ice pack is rapidly diminishing and
thinning, and the National Oceanic and Atmospheric
Administration estimates the Arctic Ocean may be ice free
during summer months in as few as 30 years.
(5) Such changes to the Arctic region are having a
significant impact on the indigenous people of the Arctic,
their communities and ecosystems, as well as the marine
mammals, fish, and wildlife upon which they depend.
(6) Such changes are opening new portions of the United
States Arctic continental shelf to possible development for
offshore oil and gas, commercial fishing, marine shipping, and
tourism.
(7) Existing Federal research and science advisory programs
focused on the environmental and socioeconomic impacts of a
changing Arctic Ocean lack a cohesive, coordinated, and
integrated approach and are not adequately coordinated with
State, local, academic, and private-sector Arctic Ocean
research programs.
(8) The lack of research integration and synthesis of
findings of Arctic Ocean research has impeded the progress of
the United States and international community in understanding
climate change impacts and feedback mechanisms in the Arctic
Ocean.
(9) An improved scientific understanding of the changing
Arctic Ocean is critical to the development of appropriate and
effective regional, national, and global climate change
adaptation strategies.
(b) Purpose.--The purpose of this Act is to establish a permanent
environmental sentinel program to conduct research, monitoring, and
observation activities in the Arctic Ocean--
(1) to promote and sustain a productive and resilient
marine, coastal, and estuarine ecosystem in the Arctic and the
human uses of its natural resources through greater
understanding of how the ecosystem works and monitoring and
observation of its vital signs; and
(2) to track and evaluate the effectiveness of natural
resource management in the Arctic in order to facilitate
improved performance and adaptive management.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the North Pacific
Research Board established under section 401(e) of the
Department of the Interior and Related Agencies Appropriations
Act, 1998 (Public Law 105-1608).
(2) Commission.--The term ``Commission'' means the Arctic
Research Commission established under the Arctic Research and
Policy Act of 1984 (Public Law 98-373; 15 U.S.C. 4102).
(3) Program.--The term ``Program'' means the Arctic Ocean
Research, Monitoring, and Observation Program established by
section 4(a).
SEC. 4. ARCTIC OCEAN RESEARCH, MONITORING, AND OBSERVATION PROGRAM.
(a) Establishment.--There is established an Arctic Ocean Research,
Monitoring, and Observation Program to be administered by the Board
with input and assistance from the Commission.
(b) Research, Monitoring, and Observation Activities.--The Program
shall be an integrated, long-term scientific research, monitoring, and
observation program consisting of--
(1) marine, coastal, and estuarine research, including--
(A) fisheries research;
(B) research on the structure and function of the
ecosystem and its food webs; and
(C) research on the spatial distributions and
status of fish, wildlife, and other populations in the
Arctic;
(2) marine, coastal, and estuarine ecosystem monitoring and
observation, including expansion of the Alaska Ocean Observing
System in the Arctic; and
(3) marine, coastal, and estuarine research, monitoring,
observation, and modeling that supports planning, environmental
review, decisionmaking, evaluation, impact and natural
resources damage assessment, and adaptive management with
respect to industrial and other human activities, such as
shipping, in the Arctic, environmental change, and their
interactive and cumulative effects in the Arctic.
(c) Initial Projects.--In initiating the Program, the Board shall
make grants under subsection (e)--
(1) to support research and monitoring of Arctic fisheries,
including on the distributions and ecology of Arctic cod and
other forage fishes, for a period of not less than 3 years;
(2) to support research and monitoring of Arctic marine
mammals, including their responses to loss of sea ice habitats
and reactions to disturbance, for a period of not less than 3
years; and
(3) to establish the Alaska Ocean Observing System in the
Arctic Ocean such that it has sufficient capacity to provide
comprehensive data, nowcasts and forecasts, and information
products in real time and near real time on physical, chemical,
and biological conditions and environmental change.
(d) Arctic Ocean Science Plan.--
(1) Requirement.--The Board and the Commission shall
jointly prepare a comprehensive, integrated Arctic Ocean
science plan.
(2) Recognition and coordination with other science.--The
content of the plan required by paragraph (1) shall be
developed with recognition of and in coordination with other
science plans and activities in the Arctic.
(3) Informed by synthesis of existing knowledge.--
Development of the plan required by paragraph (1) shall be
informed by a synthesis of existing knowledge about the Arctic
ecosystem, including information about how the ecosystem
functions, individual and cumulative sources of ecosystem
stress, how the ecosystem is changing, and other relevant
information.
(4) Review.--
(A) Initial review by national research council.--
The Board shall submit the initial plan required by
paragraph (1) to the National Research Council for
review.
(B) Periodic review and updates.--Not less
frequently than once every 5 years thereafter, the
Board and the Commission shall, in consultation with
the National Research Council, review the plan required
by paragraph (1) and update it as the Board and the
Commission consider necessary.
(5) Use.--The Board shall use the plan required by
paragraph (1) as a basis for setting priorities and awarding
grants under subsection (e).
(e) Grants.--
(1) Authority.--Except as provided in paragraph (2), the
Board shall, under the Program, award grants to carry out
research, monitoring, and observation activities described in
subsections (b) and (c).
(2) Limitation.--The North Pacific Research Board may not
award any grants under paragraph (1) until the Board has
prepared the plan required by subsection (d)(1).
(3) Conditions, considerations, and priorities.--When
making grants to carry out the research, monitoring, and
observation activities described in subsections (b) and (c),
the Board shall--
(A) consider institutions located in the Arctic and
subarctic;
(B) place a priority on cooperative, integrated
long-term projects, designed to address current or
anticipated marine ecosystem or fishery or wildlife
management information needs;
(C) give priority to fully establishing and
operating the Alaska Ocean Observing System in the
Arctic Ocean, which may include future support for
cabled ocean observatories;
(D) recognize the value of local and traditional
ecological knowledge, and, where appropriate, place a
priority on research, monitoring, and observation
projects that incorporate local and traditional
ecological knowledge;
(E) ensure that research, monitoring, and
observation data collected by grantees of the Program
are made available to the public in a timely fashion,
pursuant to national and international protocols; and
(F) give due consideration to the annual
recommendations and review of the Commission carried
out under subsection (f).
(f) Annual Recommendations and Review by Arctic Research
Commission.--Each year, the Commission shall--
(1) recommend ongoing and future research, monitoring, and
observation priorities and strategies to be carried out
pursuant to subsections (b) and (c);
(2) undertake a written review of ongoing and recently
concluded research, monitoring, and observation activities
undertaken pursuant to such subsections; and
(3) submit to the Board the recommendations required by
paragraph (1) and the review required by paragraph (2).
SEC. 5. ARCTIC OCEAN RESEARCH, MONITORING, AND OBSERVATION TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9512. ARCTIC OCEAN RESEARCH, MONITORING, AND OBSERVATION TRUST
FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Arctic Ocean
Research, Monitoring, and Observation Trust Fund', consisting of such
amounts as may be appropriated or credited to such Trust Fund as
provided in this section or section 9602(b).
``(b) Transfer to Trust Fund.--There are hereby appropriated to the
Arctic Ocean Research, Monitoring, and Observation Trust Fund amounts
equivalent to the taxes received in the Treasury under section 4461
only to the extent attributable to the Arctic Ocean Research,
Monitoring, and Observation Trust Fund financing rate.
``(c) Expenditures.--
``(1) In general.--Amounts in the Arctic Ocean Research,
Monitoring, and Observation Trust Fund shall be available,
without further appropriation, to carry out the Arctic Ocean
Research, Monitoring, and Observation Program established under
section 4 of the Arctic Science Endowment Act in an amount
equal to--
``(A) for each fiscal year beginning after the date
of the enactment of this section and before the
endowment achievement date, $20,000,000, and
``(B) for each fiscal year beginning after the
endowment achievement date, the amount credited to the
Trust Fund under section 9602(b) for such fiscal year.
``(2) Endowment achievement date.--For purposes of this
section, the endowment achievement date is the date the balance
in the Arctic Ocean Research, Monitoring, and Observation Trust
Fund first equals or exceeds $400,000,000 after the date of the
enactment of this section.''.
(b) Conforming Amendment.--The table of sections for subchapter A
of chapter 98 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new item:
``Sec. 9512. Arctic Ocean Research, Monitoring, and Observation Trust
Fund.''.
(c) Arctic Ocean Research, Monitoring, and Observation Trust Fund
Financing Rate.--
(1) In general.--Subsection (c) of section 4611 of the
Internal Revenue Code of 1986 is amended--
(A) in paragraph (1), by striking ``and'' at the
end of subparagraph (A), by striking the period at the
end of subparagraph (B) and inserting ``, and'', and by
adding at the end the following new subparagraph:
``(C) the Arctic Ocean Research, Monitoring, and
Observation Trust Fund financing rate.'', and
(B) in paragraph (2), by striking ``and'' at the
end of subparagraph (A), by striking the period at the
end of subparagraph (B)(ii) and inserting ``, and'',
and by adding at the end the following new
subparagraph:
``(C) the Arctic Ocean Research, Monitoring, and
Observation Trust Fund financing rate is, in the case
of crude oil received or petroleum products entered--
``(i) before the endowment achievement date
(as determined under section 9512(c)(2)), 1
cent a barrel, and
``(ii) on or after such endowment date, 0
cents a barrel.''.
(2) Effective date.--The amendments made by this subsection
shall apply to crude oil received and petroleum products
entered after the date of the enactment of this Act. | Arctic Science Endowment Act - Establishes the Arctic Ocean Research, Monitoring, and Observation Program to be administered by the North Pacific Research Board with input and assistance from the Arctic Research Commission.
Requires the Program to include marine, coastal, and estuarine: (1) research of fisheries, ecosystem food webs, and spatial distributions of fish and other wildlife; (2) monitoring and observation, including expansion of the Alaska Ocean Observing System in the Arctic; (3) research, monitoring, observation, and modeling to support planning, environmental review, decisionmaking, evaluation, impact and natural resources damage assessment, and adaptive management with respect to industrial and other human activities in the Arctic, environmental change, and the interactive and cumulative effects in the Arctic.
Directs: (1) the Board and Commission to jointly prepare an Arctic Ocean science plan, and (2) the Board to submit the plan to the National Research Council. Requires that the plan be reviewed and updated at least once every five years.
Establishes a grant program to award grants for research, monitoring, and observation under the science plan.
Directs the Commission to annually review and recommend to the Board ongoing and future strategies and priorities.
Amends the Internal Revenue Code to establish in the Treasury the Arctic Ocean Research, Monitoring, and Observation Trust Fund to carry out the Program. | {"src": "billsum_train", "title": "A bill to provide for research, monitoring, and observation of the Arctic Ocean and for other purposes."} | 2,701 | 279 | 0.575119 | 1.688648 | 0.815837 | 4.306513 | 9.750958 | 0.950192 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment Advisers Modernization
Act of 2016''.
SEC. 2. MODERNIZING CERTAIN REQUIREMENTS RELATING TO INVESTMENT
ADVISERS.
(a) Investment Advisory Contracts.--
(1) Assignment.--
(A) Assignment defined.--Section 202(a)(1) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(1))
is amended by striking ``; but'' and all that follows
and inserting ``; but no assignment of an investment
advisory contract shall be deemed to result from the
death or withdrawal, or the sale or transfer of the
interests, of a minority of the members, partners,
shareholders, or other equity owners of the investment
adviser having only a minority interest in the business
of the investment adviser, or from the admission to the
investment adviser of one or more members, partners,
shareholders, or other equity owners who, after such
admission, shall be only a minority of the members,
partners, shareholders, or other equity owners and
shall have only a minority interest in the business.''.
(B) Consent to assignment by qualified clients.--
Section 205(a)(2) of the Investment Advisers Act of
1940 (15 U.S.C. 80b-5(a)(2)) is amended by inserting
before the semicolon the following: ``, except that if
such other party is a qualified client (as defined in
section 275.205-3 of title 17, Code of Federal
Regulations, or any successor thereto), such other
party may provide such consent at the time the parties
enter into, extend, or renew such contract''.
(2) Not required to provide for notification of change in
membership of partnership.--Section 205 of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-5) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking the
semicolon and inserting ``; or'';
(ii) in paragraph (2), by striking ``; or''
and inserting a period; and
(iii) by striking paragraph (3); and
(B) in subsection (d), by striking ``paragraphs (2)
and (3) of subsection (a)'' and inserting ``subsection
(a)(2)''.
(b) Advertising Rule.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Commission shall amend section
275.206(4)-1 of title 17, Code of Federal Regulations, to
provide that paragraphs (a)(1) and (a)(2) of such section do
not apply to an advertisement that an investment adviser
publishes, circulates, or distributes solely to persons
described in paragraph (2) of this subsection.
(2) Persons described.--A person is described in this
paragraph if such person is, or the investment adviser
reasonably believes such person is--
(A) a qualified client (as defined in section
275.205-3 of title 17, Code of Federal Regulations),
determined as of the time of the publication,
circulation, or distribution of the advertisement
rather than immediately prior to or after entering into
the investment advisory contract referred to in such
section;
(B) a knowledgeable employee (as defined in section
270.3c-5 of title 17, Code of Federal Regulations) of
any private fund to which the investment adviser acts
as an investment adviser;
(C) a qualified purchaser (as defined in section
2(a) of the Investment Company Act of 1940 (15 U.S.C.
80a-2(a))); or
(D) an accredited investor (as defined in section
230.501 of title 17, Code of Federal Regulations),
determined as if the investment adviser were the issuer
of securities referred to in such section and the time
of the publication, circulation, or distribution of the
advertisement were the sale of such securities.
SEC. 3. REMOVING DUPLICATIVE BURDENS AND APPROPRIATELY TAILORING
CERTAIN REQUIREMENTS.
(a) Form PF.--Not later than 90 days after the date of the
enactment of this Act, the Commission shall amend section 275.204(b)-1
of title 17, Code of Federal Regulations, to provide that an investment
adviser to a private fund is not required to report any information
beyond that which is required by sections 1a and 1b of Form PF, unless
such investment adviser is a large hedge fund adviser or a large
liquidity fund adviser (as such terms are defined in such Form).
(b) Custody Rule.--Not later than 90 days after the date of the
enactment of this Act, the Commission shall amend section 275.206(4)-2
of title 17, Code of Federal Regulations, consistent with, and
expanding on, IM Guidance Update No. 2013-04, titled ``Privately
Offered Securities under the Investment Advisers Act Custody Rule'',
published by the Division of Investment Management of the Commission,
with respect to the exception for certain privately offered securities
in paragraph (b)(2) of such section, so as to--
(1) remove the requirement of clause (i)(B) of such
paragraph (relating to the uncertificated nature and
recordation of ownership of the securities); and
(2) remove the requirement of clause (ii) of such paragraph
(relating to audit and financial statement distribution
requirements with respect to securities of pooled investment
vehicles).
(c) Proxy Voting Rule.--Not later than 90 days after the date of
the enactment of this Act, the Commission shall amend section
275.206(4)-6 of title 17, Code of Federal Regulations, to provide that
such section does not apply to any voting authority with respect to
client securities that are not public securities.
SEC. 4. FACILITATING ROBUST CAPITAL FORMATION BY PREVENTING REGULATORY
MISMATCH.
The Commission may not--
(1) amend section 230.156 of title 17, Code of Federal
Regulations, to extend the provisions of such section to
offerings of securities issued by private funds; or
(2) adopt rules applicable to offerings of securities
issued by private funds that are substantially the same as the
provisions of such section.
SEC. 5. EXCLUSION OF ADVISORY SERVICES TO REGISTERED INVESTMENT
COMPANIES.
This Act shall not apply with respect to advisory services
provided, or proposed to be provided, to an investment company
registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et
seq.).
SEC. 6. REFERENCES TO REGULATIONS.
In this Act, any reference to a regulation shall be construed to
refer to such regulation or any successor thereto.
SEC. 7. DEFINITIONS.
In this Act:
(1) Public security.--The term ``public security'' means a
security issued by an issuer that--
(A) is required to submit reports under section
13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a); 78o(d)); or
(B) has a security that is listed or traded on any
exchange or organized market operating in a foreign
jurisdiction.
(2) Terms defined in investment advisers act of 1940.--The
terms defined in section 202(a) of the Investment Advisers Act
of 1940 (15 U.S.C. 80b-2(a)) have the meanings given such terms
in such section.
Passed the House of Representatives September 9, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Investment Advisers Modernization Act of 2016 This bill directs the Securities and Exchange Commission (SEC) to amend specified regulations for investment advisers as they apply to private equity firms and private investment funds. (Sec. 2) The bill revises the disclaimer that, in the case of an investment adviser that is a partnership, an assignment shall not be deemed to result from the death, withdrawal, sale or transfer of minority interests to apply the disclaimer also to minority members, shareholders, for other equity owners of the investment adviser. Qualified clients of an investment adviser may consent to an assignment of the investment adviser contract at the time they enter into an advisory contract. The Investment Advisers Act of 1940 is amended to repeal the requirement that advisers organized as partnerships notify the other party to an investment adviser contract every time there is a change in the composition of the partnership. The SEC shall waive the application of specified antifraud prohibitions to advisers who advertise exclusively to: qualified clients, determined as of the time of the publication, circulation, or distribution of the advertisement rather than immediately before or after entering into the investment advisory contract; knowledgeable employees of any private fund to which the investment adviser acts as an investment adviser; qualified purchasers; or accredited investors (determined as if the investment adviser were the securities issuer and the time of the publication, circulation, or distribution of the advertisement were the sale of such securities). (Sec. 3) The SEC must amend a certain regulation regarding Form PF which registered investment advisers with at least $150 million in private funds assets under management must file with the SEC to report information about the private funds that they manage. This amendment shall state that an investment adviser to a private fund is not required to report any information beyond that which is required by sections 1a and 1b of Form PF unless it is a large hedge fund adviser or a large liquidity fund adviser. The SEC shall also amend the regulation requiring that client funds and securities of which an investment adviser has custody are verified by actual examination periodically by an independent public accountant. The SEC shall amend the proxy voting regulation to waive its application to any voting authority exercised by an investment adviser regarding client securities that are not public securities. (Sec. 4) On the other hand, the SEC may not: amend a specified regulation to extend its requirements and prohibitions concerning investment company sales literature to offerings of securities issued by private funds, or adopt substantially similar rules applicable to such offerings. (Sec. 5) This bill shall not apply to advisory services supplied to an investment company registered under the Investment Company Act of 1940. (Sec. 6) Any regulation referred to in this bill includes any successor regulation. | {"src": "billsum_train", "title": "Investment Advisers Modernization Act of 2016"} | 1,704 | 575 | 0.575372 | 1.878218 | 0.703771 | 3.177481 | 2.814885 | 0.853053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colonias Gateway Initiative Act''.
SEC. 2. COLONIAS GATEWAY INITIATIVE.
(a) Definitions.--In this section:
(1) Colonia.--The term ``colonia'' means any identifiable
community that--
(A) is located in the State of Arizona, California,
New Mexico, or Texas;
(B) is located in the United States-Mexico border
region;
(C) is determined to be a colonia on the basis of
objective criteria, including lack of potable water
supply, lack of adequate sewage systems, and lack of
decent, safe, and sanitary housing; and
(D) was in existence and generally recognized as a
colonia before the date of enactment of this Act.
(2) Regional organization.--The term ``regional
organization'' means a nonprofit organization or a consortium
of nonprofit organizations with the capacity to serve colonias.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(4) United states-mexico border region.--The term ``United
States-Mexico border region'' means the area of the United
States within 150 miles of the border between the United States
and Mexico, except that such term does not include any standard
metropolitan statistical area that has a population exceeding
1,000,000.
(b) Grant Program.--To the extent amounts are made available to
carry out this section, the Secretary may make grants under this
section to 1 or more regional organizations to enhance the availability
of affordable housing, economic opportunity, and infrastructure in the
colonias.
(c) Grants.--
(1) In general.--Grants under this section may be made only
to regional organizations selected pursuant to subsection (d).
(2) Selection.--After a regional organization has been
selected pursuant to subsection (d) to receive a grant under
this section, the Secretary may provide a grant to such
organization in subsequent fiscal years, subject to subsection
(f)(2).
(d) Selection of Regional Organizations.--
(1) In general.--The Secretary shall select 1 or more
regional organizations that submit applications for grants
under this section to receive such grants.
(2) Competition.--The selection under paragraph (1) shall
be made pursuant to a competition, which shall--
(A) consider the proposed work plan of the
applicant under subsection (f); and
(B) be based upon the criteria described in
paragraph (3).
(3) Criteria.--Criteria for the selection of a grant
recipient shall include a demonstration of the extent to which
the applicant organization has the capacity to--
(A) enhance the availability of affordable housing,
economic opportunity, and infrastructure in the
colonias by carrying out the eligible activities set
forth in subsection (g);
(B) provide assistance in each State in which
colonias are located;
(C) form partnerships with the public and private
sectors and local and regional housing and economic
development intermediaries to leverage and coordinate
additional resources to achieve the purposes of this
section;
(D) ensure accountability to the residents of the
colonias through active and ongoing outreach to, and
consultation with, residents and local governments; and
(E) meet such other criteria as the Secretary may
specify.
(4) Distribution of funding.--In making the selection under
paragraph (1), the Secretary shall ensure that--
(A) each State in the United States-Mexico border
region receives a grant under this Act; and
(B) each State receives not less than 15 percent of
the amounts appropriated to carry out this Act.
(e) Advisory Board.--
(1) Membership.--The Secretary shall appoint an Advisory
Board that shall consist of 9 members, who shall include--
(A) 1 individual from each State in which colonias
are located;
(B) 3 individuals who are members of non-profit or
private sector organizations having substantial
investments in the colonias, at least 1 of whom is a
member of such a private sector organization; and
(C) 2 individuals who are residents of a colonia.
(2) Chairperson.--
(A) In general.--The Secretary shall designate a
member of the Advisory Board to serve as Chairperson
for a 1-year term.
(B) Alternating chairperson.--At the end of the 1-
year term referred to in subparagraph (A), the
Secretary shall designate a different member to serve
as Chairperson, ensuring that the Chairperson position
rotates to a member from every State in which colonias
are located.
(3) Term.--Advisory Board members shall be appointed for 2-
year terms that shall be renewable at the discretion of the
Secretary.
(4) Compensation.--Advisory Board members shall serve
without compensation, but the Secretary may provide members
with travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(5) Functions.--The Advisory Board shall--
(A) assist any regional organization that receives
a grant under this section in the development and
implementation of its final work plan under subsection
(f);
(B) review and approve all final work plans;
(C) assist the Secretary in monitoring and
evaluating the performance of any regional organization
in implementing its final work plan; and
(D) provide such other assistance as the Secretary
may request.
(f) Work Plans.--
(1) Application.--Each regional organization applying for a
grant under this section shall include in its application a
proposed work plan.
(2) Annual submission.--To be eligible to continue
receiving annual grants under this section after selection
pursuant to subsection (d), a regional organization shall, on
an annual basis after such selection and subject to the
determination of the Secretary to continue to provide grant
amounts to such regional organization, submit a proposed work
plan to the Advisory Board and the Secretary for review and
approval.
(3) Final work plan.--In any fiscal year, including the
fiscal year in which any regional organization is selected
pursuant to subsection (d), prior to final determination and
allocation of specific grant amounts, each selected regional
organization shall, with the assistance of the Advisory Board,
develop a final work plan that thoroughly describes how the
regional organization will use specific grant amounts to carry
out its functions under this section, which shall include--
(A) a description of outcome measures and other
baseline information to be used to monitor success in
promoting affordable housing, economic opportunity, and
infrastructure in the colonias;
(B) an account of how the regional organization
will strengthen the coordination of existing resources
used to assist residents of the colonias, and how the
regional organization will leverage additional public
and private resources to complement such existing
resources;
(C) an explanation, in part, of the effects that
implementation of the work plan will have on areas in
and around colonias; and
(D) such assurances as the Secretary may require
that grant amounts will be used in a manner that
results in assistance and investments for colonias in
each State containing colonias, in accordance with
requirements that the Advisory Board and the Secretary
may establish that provide for a minimum level of such
investment and assistance as a condition of the
approval of the work plans.
(4) Approval.--
(A) In general.--No grant amounts under this
section for a fiscal year may be provided to a regional
organization until the Secretary approves the final
work plan of the organization, including a specific
grant amount for the organization.
(B) Considerations.--In determining whether to
approve a final work plan, the Secretary shall consider
whether the Advisory Board approved the plan.
(C) Nonapproval of plan.--To the extent that the
Advisory Board or the Secretary does not approve a work
plan, the Advisory Board or the Secretary shall, to the
maximum extent practicable, assist the selected
regional organization that submitted the plan to
develop an approvable plan.
(g) Eligible Activities.--Grant amounts under this section may be
used only to carry out eligible activities to benefit the colonias,
including--
(1) coordination of public, private, and community-based
resources and the use of grant amounts to leverage such
resources;
(2) technical assistance and capacity building, including
training, business planning and investment advice, and the
development of marketing and strategic investment plans;
(3) initial and early-stage investments in activities to
provide--
(A) housing, infrastructure, and economic
development;
(B) housing counseling and financial education,
including counseling and education about avoiding
predatory lending; and
(C) access to financial services for residents of
colonias;
(4) development of comprehensive, regional, socioeconomic,
and other data, and the establishment of a centralized
information resource, to facilitate strategic planning and
investments;
(5) administrative and planning costs of any regional
organization in carrying out this section, except that the
Secretary may limit the amount of grant funds used for such
costs; and
(6) such other activities as the Secretary considers
appropriate to carry out this section.
(h) Grant Agreements.--A grant under this section shall be made
only pursuant to a grant agreement between the Secretary and a regional
organization selected under this section.
(i) Termination and Recapture.--If the Secretary determines that a
regional organization that was awarded a grant under this section has
not substantially fulfilled its obligations under its final work plan
or grant agreement, the Secretary shall terminate the participation of
that regional organization under this section, and shall recapture any
unexpended grant amounts.
(j) Details From Other Agencies.--Upon request of any selected
regional organization that has an approved work plan, the head of any
Federal agency may detail, on a reimbursable basis, any of the
personnel of such agency to that regional organization to assist it in
carrying out its duties under this section.
(k) Environmental Review.--For purposes of environmental review,
projects assisted by grant amounts under this section shall--
(1) be treated as special projects that are subject to
section 305(c) of the Multifamily Housing Property Disposition
Reform Act of 1994 (42 U.S.C. 3547); and
(2) be subject to regulations issued by the Secretary to
implement such section 305(c).
(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $16,000,000 for fiscal year 2004; and
(2) such sums as may be necessary for each of fiscal years
2005 through 2009.
(m) Sunset.--No new grants may be provided under this section after
September 30, 2009. | Colonias Gateway Initiative Act - Authorizes the Secretary of Housing and Urban Development to make grants through September 30, 2009, to regional organizations to enhance the availability of affordable housing, economic opportunity, and infrastructure in the colonias.Defines colonia as a recognized community: (1) along the United States-Mexico border region in Arizona, California, New Mexico, or Texas; and (2) lacking such services as potable water, adequate sewage systems, and safe and sanitary housing. | {"src": "billsum_train", "title": "A bill to enhance the capacity of organizations working in the United States-Mexico border region to develop affordable housing and infrastructure and to foster economic opportunity in the colonias."} | 2,304 | 105 | 0.671904 | 1.785409 | 1.352118 | 4.282609 | 23.673913 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community-Based Gang Intervention
Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) For the first time in the history of the United States,
more than one in every 100 adults is incarcerated.
(2) The United States incarcerates more people than any
other country in the world, with more than 2,200,000 people
behind bars and another 5,000,000 people on probation or
parole.
(3) The United States has only 5 percent of the world's
population, but 25 percent of the world's prisoners.
(4) In 2007, the Federal Government spent $19,617,000,000
on police protection, corrections, and judicial and legal
services, representing a 286-percent increase since 1982. This
included a 475-percent increase for corrections and a 287-
percent increase for police protection.
(5) The growing prison system is also impacting State
budgets, with total State spending on incarceration topping
$53,000,000,000 in 2012, up from $10,000,000,000 in 1987.
(6) With increased prison costs, vital social programs and
services such as education, job creation, housing, and
healthcare are being cut or eliminated to maintain the prison
industry.
(7) Between 1987 and 2007, the amount States spent on
corrections increased 127 percent, while the increase in higher
education spending was only 21 percent.
(8) Over the past 10 years, the State of California's
general fund expenditures for higher education have fallen 9
percent, while general fund expenditures for corrections and
rehabilitation have increased 26 percent.
(9) The State of California has the second largest prison
population in the Nation with 165,062 prisoners under the
jurisdiction of State or Federal correctional authorities in
2010.
(10) According to one study, there are now 6 times as many
gangs and at least twice the number of gang members in Los
Angeles since the start of the 30-year ``war on gangs''.
(11) The city and county of Los Angeles have been dubbed
the ``gang capital'' of the Nation with an estimated 463 gangs
and 38,974 gang members in the city, and more than 1,300 gangs
and 150,000 gang members in the county.
(12) According to the Office of Juvenile Justice and
Delinquency Prevention, allowing 1 youth to leave school for a
life of crime and drug abuse costs society between $1,700,000
and $2,300,000.
(13) In the State of California, the average annual cost
per inmate is $47,421 for an adult inmate, and $218,000 for a
youth inmate.
(14) The most recent data on overall State spending on
juvenile justice programs reveals that in 1998, States spent
nearly $4,200,000,000 on juvenile justice related programs,
which was a 65-percent increase from fiscal year 1994. Of those
expenditures, 67 percent went towards residential placements,
while only 8.4 percent went towards delinquency prevention.
(15) Gang and youth violence substantially decreases when
governments address the root causes of gang violence and
adequately fund community-based programs and practices.
(16) Studies continue to prove that community-based gang
intervention provides long-lasting, cost-effective results and
opportunities for the youth and families most susceptible to
gang violence.
(b) Sense of Congress.--It is the sense of Congress that, in
developing a comprehensive violence reduction strategy, the United
States should acknowledge and address larger, entrenched social
conditions and issues such as poverty, homelessness, inadequate
educational systems, and limited economic opportunities that give rise
to gangs and gang violence.
TITLE I--COMMUNITY-BASED GANG INTERVENTION AGENCIES
SEC. 101. COMMUNITY-BASED GANG INTERVENTION AGENCIES.
The Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) is amended by adding at the end the following new
title:
``TITLE VI--COMMUNITY-BASED GANG INTERVENTION GRANTS
``SEC. 601. PURPOSE.
``The purpose of this title is to offer holistic and comprehensive
support for the variety of community-based gang intervention activities
that focus on and engage active and former gang members, their close
associates, and gang members in and returning from confinement. Gang-
involved youth and their families require specialized intensive and
comprehensive services that address the unique issues encountered by
youth when they become involved with gangs. Community-based gang
intervention involves proactive and reactive responses to gang
activities on several levels, including--
``(1) the regional level, to promote and coordinate peace
truces and cease-fires between groups;
``(2) the State and local level, including community and
the juvenile halls, camps, Division of Juvenile Justice
facilities, county jails, and State prisons; and
``(3) the neighborhood and street level, including with
active gang members individually.
``SEC. 602. SUPPORT OF COMMUNITY-BASED GANG INTERVENTION AGENCIES.
``(a) Support of Community-Based Gang Intervention Agencies.--
Subject to the availability of appropriations, the Administrator shall
award grants to eligible entities to carry out the activities described
in subsection (c).
``(b) Eligible Entity.--For the purposes of this section, an
`eligible entity' means a community-based gang intervention agency that
is a nonprofit organization with a proven track record and expertise in
providing community-based gang intervention activities through a
community-based gang intervention model.
``(c) Grant Activities.--Each entity awarded a grant under this
section shall carry out the following activities:
``(1) Conduct street mediation by working with gang members
and persons with influence over such member to defuse and de-
escalate potential and actual violence internally between gang
members and between rival gangs.
``(2) Develop local and regional truces by creating cease-
fires or nonaggression agreements between rival gangs and
neighborhoods.
``(3) Serve as conduits who facilitate constant dialogue
and maintenance between gangs and neighborhoods.
``(4) Provide services that respond to the high levels of
anxiety experienced by gang members to decompress critical
situations due to traumatic events.
``(5) Provide 24-hour, 7-day-a-week crisis intervention
services by responding to requests for violence prevention
services made by gang members, the families of gang members,
school officials, intervention workers, social service
agencies, or law enforcement.
``(6) Provide targeted training and technical assistance to
violence-plagued communities after a major gang-related
incident.
``(7) Facilitate the development of a community response
plan, including training protocols, situational scene
scenarios, and emergency response.
``(8) Make a reasonable effort to prevent gang-related
rumors from intensifying tension between gangs or igniting
violent responses by gangs.
``(9) Establish relationships with community stakeholders
to inform and engage them in quality-of-life activities that
enhance intervention activities.
``(10) Serve as intervention representatives in communities
by attending local meetings involving nonprofit organizations,
schools, faith-based organizations, and other entities.
``(11) Develop conflict resolution skills and techniques to
address and resolve community concerns related to gang activity
in order to improve the quality of life within neighborhoods.
``(12) Work with schools to respond to gang-related issues
and crises both in and outside of school.
``(13) Provide support services for youth and families
affected by gang violence and other victims of gang violence
(including any individual who is physically, emotionally,
financially, or otherwise harmed by criminal activity, and
those affected by harm done to or by a family member), which
may include--
``(A) advocating for public sector and private
sector assistance and services;
``(B) grief counseling; and
``(C) referrals to treatment and rehabilitation for
cognitive, mental, emotional, physical, or financial
injury, loss, or suffering.
``(14) Provide comprehensive mental health services to
youth and families affected by gang violence or involvement,
including--
``(A) integrated services comprised of individual,
family, and group therapy modalities, and psychological
education provided through youth and parent training
programs; and
``(B) gang-responsive services including skills
training, assessing and servicing youth with
developmental disabilities, behavioral modification,
and services to address substance use and abuse, anger
management, emotional regulation, traumatic stress,
family violence, depression, suicide, anxiety, and
educational problems.
``(15) Provide public and private sector career job
training, development, and placement, including--
``(A) job-finding and job-maintaining skills,
including skills related to resume writing,
interviewing, workplace decorum, interpersonal
communication, and problem-solving;
``(B) information about legal rights in the
workplace; and
``(C) financial literacy.
``(16) Assist with substance use and abuse treatment,
domestic violence victims, and voluntary tattoo removal of
markings on the body related to gang involvement.
``(d) Availability of Victims Assistance.--An entity awarded a
grant under this section that provides victim assistance under
paragraph (13) of subsection (c) shall not discriminate in the
provision of such assistance to an individual based on race, ethnicity,
gender, sexual orientation, socioeconomic level, or past record.
``SEC. 603. DEFINITIONS.
``In this title:
``(1) Community.--Notwithstanding the definition of
`community based' in section 103, the term `community' means a
unit of local government or an Indian Tribe.
``(2) Community-based gang intervention agency.--The term
`community-based gang intervention agency' means a community-
based organization, association, or other entity that--
``(A) promotes public safety, with the specific
objective of reducing and stopping gang-related and
gang-motivated violence and crime; and
``(B) has a history of, or experience or specific
training in, effectively working with gang-involved
youth and their families.
``(3) Community-based gang intervention model.--The term
`community-based gang intervention model' means a holistic and
comprehensive approach to reducing gang violence that utilizes
the two-prong approach of community-based intervention and an
integrated approach of providing rehabilitative service
delivery to gang-involved youth that--
``(A) deploys specialists in community-based gang
intervention who are trained to utilize the two-prong
approach of community-based gang intervention and who
intercede, interact, and participate with and in the
community to quell rumors, prevent and mediate
conflicts, and respond to crises related to gang
activity and violence;
``(B) delivers rehabilitative services to gang-
involved individuals and families; and
``(C) addresses the barriers that gang-involved
youth and their families encounter and the societal
factors that promote gang violence.
``(4) Evidence-based.--The term `evidence-based', when used
with respect to a practice relating to gang activity prevention
and intervention (including community-based gang intervention),
means a practice (including a service, program, or strategy)
that has statistically significant outcomes that include a
reduction in gang-related violence and an increased number of
youth in job development, recreation, arts-based activities, or
faith-based activities. Such outcomes may be determined by--
``(A) an experimental trial, in which participants
are randomly assigned to participate in the practice
that is the subject of the trial; or
``(B) a quasi-experimental trial, in which the
outcomes for participants are compared with outcomes
for a control group that is made up of individuals who
are similar to such participants.
``(5) Gang.--The term `gang' means a group of individuals--
``(A) organized by geography, culture, or activity;
``(B) that have a group name, and may have other
identifying characteristics of the group such as colors
and nicknames; and
``(C) who engage in the use of violence to defend
the members or territory of the group.
``(6) Promising.--The term `promising', when used with
respect to a practice relating to community-based gang
intervention, means a practice that is not evidence-based,
but--
``(A) that has outcomes from an evaluation that
demonstrate that such practice reduces gang-related
violence and crime; or
``(B) about which a study is being conducted to
determine if such practice is evidence-based.
``(7) Youth.--The term `youth' means--
``(A) an individual who is 18 years of age or
younger; or
``(B) in any State in which the maximum age at
which the juvenile justice system of such State has
jurisdiction over individuals exceeds 18 years of age,
an individual who is such maximum age or younger.''.
TITLE II--AMENDMENTS TO THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY
PREVENTION
SEC. 201. DEFINITION OF COMMUNITY-BASED GANG INTERVENTION.
Section 103 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (1), by inserting ``except when used in
title VI,'' before ``the term'';
(2) in paragraph (28), by striking ``and'' after the
semicolon;
(3) in paragraph (29), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(30) except when used as part of the term `community-
based gang intervention agency' or `community-based gang
intervention model', the term `community-based gang
intervention' means a two-prong approach to reducing gang
violence that--
``(A) provides specialized, gang-specific mediation
and mitigation to stop or prevent violence by, within,
and between gangs; and
``(B) provides the redirection of individual gang
members and their families through proactive efforts
that increase peace and safety for gang members, their
families, and their communities.''.
SEC. 202. COMMUNITY-BASED GANG INTERVENTION REPRESENTATIVE TO STATE
ADVISORY BOARDS.
Section 223(a)(3)(ii) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(ii)) is amended--
(1) in subclause (III), by inserting ``, or community-based
gang intervention'' after ``delinquency prevention or
treatment''; and
(2) in subclause (IV), by inserting ``community-based gang
intervention,'' after ``prevention and treatment,''.
SEC. 203. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.
Section 504 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5783) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (7) and (8) as
paragraphs (8) and (9), respectively; and
(B) by inserting after paragraph (6) the following
new paragraph:
``(7) community-based gang intervention and gang prevention
activities;''; and
(2) in subsection (c)(2), by inserting ``and community-
based gang intervention'' before ``activities;''. | Community-Based Gang Intervention Act This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize grants to nonprofit community-based organizations for community-based gang intervention. It adds a definition for the term "community-based gang intervention." Additionally, the bill modifies the qualifications of State Advisory Group members to include representatives of community-based gang intervention agencies and to specify that a representative of a nonprofit organization includes a person with a special focus on community-based gang intervention. Finally, the bill adds, as a purpose area under the Incentive Grants for Local Delinquency Prevention Programs, providing community-based gang intervention and gang prevention activities to juveniles and their families. | {"src": "billsum_train", "title": "Community-Based Gang Intervention Act"} | 3,538 | 168 | 0.401192 | 1.165592 | 0.646441 | 2.992366 | 24.679389 | 0.824427 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing the Interstate Placement
of Children in Foster Care Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) when a child in foster care cannot return safely home,
the child deserves to be placed in a setting that is best for
that child, regardless of whether it is in the child's State or
another State;
(2) the Interstate Compact on the Placement of Children
(ICPC) was established in 1960 to provide a uniform legal
framework for the placement of children across State lines in
foster and adoptive homes;
(3) frequently, children waiting to be placed with an
adoptive family, relative, or foster parent in another State
spend more time waiting for this to occur than children who are
placed with an adoptive, family, relative, or foster parent in
the same State, because of the outdated, administratively
burdensome ICPC process;
(4) no child should have to wait longer to be placed in a
loving home simply because the child must cross a State line;
(5) the National Electronic Interstate Compact Enterprise
(NEICE) was launched in August 2014 in Indiana, Nevada,
Florida, South Carolina, Wisconsin, and the District of
Columbia, has since expanded into Illinois, Virginia, Rhode
Island, California, Alaska, Nebraska, and Georgia, and is
expected to be expanded into additional States to improve the
administrative process by which children are placed with
families across State lines;
(6) States using this electronic interstate case-processing
system have reduced administrative costs and the amount of
staff time required to process these cases, and caseworkers can
spend more time helping children instead of copying and mailing
paperwork between States;
(7) since NEICE was launched, placement time has decreased
by 30 percent for interstate foster care placements; and
(8) on average, States using this electronic interstate
case-processing system have been able to reduce from 24
business days to 13 business days the time it takes to identify
a family for a child and prepare the paperwork required to
start the ICPC process.
SEC. 3. STATE PLAN REQUIREMENT.
(a) In General.--Section 471(a)(25) of the Social Security Act (42
U.S.C. 671(a)(25)) is amended--
(1) by striking ``provide'' and insert ``provides''; and
(2) by inserting ``, which in the case of a State other
than the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and American Samoa, not later than October 1,
2027, shall include the use of an electronic interstate case-
processing system'' before the 1st semicolon.
(b) Exemption of Indian Tribes.--Section 479B(c) of such Act (42
U.S.C. 679c(c)) is amended by adding at the end the following:
``(4) Inapplicability of state plan requirement to have in
effect procedures providing for the use an electronic
interstate case-processing system.--The requirement in section
471(a)(25) that a State plan provide that the State shall have
in effect procedures providing for the use of an electronic
interstate case-processing system shall not apply to an Indian
tribe, tribal organization, or tribal consortium that elects to
operate a program under this part.''.
(c) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the 1st day of the 1st calendar quarter
beginning on or after the date of the enactment of this Act,
and shall apply to payments under part E of title IV of the
Social Security Act for calendar quarters beginning on or after
such date.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirement imposed by the amendments made by subsection (a),
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State has a
2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
SEC. 4. FUNDING FOR THE DEVELOPMENT OF AN ELECTRONIC INTERSTATE CASE-
PROCESSING SYSTEM TO EXPEDITE THE INTERSTATE PLACEMENT OF
CHILDREN IN FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION.
Section 437 of the Social Security Act (42 U.S.C. 629g) is amended
by adding at the end the following:
``(g) Funding for the Development of an Electronic Interstate Case-
Processing System to Expedite the Interstate Placement of Children in
Foster Care or Guardianship, or for Adoption.--
``(1) Purpose.--The purpose of this subsection is to
facilitate the development of an electronic interstate case-
processing system for the exchange of data and documents to
expedite the placements of children in foster, guardianship, or
adoptive homes across State lines.
``(2) Requirements.--A State that seeks funding under this
subsection shall submit to the Secretary the following
information:
``(A) A description of the goals and outcomes to be
achieved, which goals and outcomes must result in--
``(i) reducing the time it takes for a
child to be provided with a safe and
appropriate permanent living arrangement across
State lines;
``(ii) improving administrative processes
and reducing costs in the foster care system;
and
``(iii) the secure exchange of relevant
case files and other necessary materials in
real time, and timely communications and
placement decisions regarding interstate
placements of children.
``(B) A description of the activities to be funded
in whole or in part with the funds, including the
sequencing of the activities.
``(C) A description of the strategies for
integrating programs and services for children who are
placed across State lines.
``(D) Such other information as the Secretary may
require.
``(3) Funding authority.--The Secretary may provide funds
to a State that complies with paragraph (2). In providing funds
under this section, the Secretary shall prioritize States that
are not yet connected with the electronic interstate case-
processing system referred to in paragraph (1).
``(4) Use of funds.--A State to which funding is provided
under this subsection shall use the funding to support the
State in connecting with, or enhancing or expediting services
provided under, the electronic interstate case-processing
system referred to in paragraph (1).
``(5) Evaluations.--Not later than 1 year after the final
year in which funds are awarded under this subsection, the
Secretary shall submit to the Congress, and make available to
the general public by posting on a website, a report that
contains the following information:
``(A) How using the electronic interstate case-
processing system developed pursuant to paragraph (4)
has changed the time it takes for children to be placed
across State lines.
``(B) The number of cases subject to the Interstate
Compact on the Placement of Children that were
processed through the electronic interstate case-
processing system, and the number of interstate child
placement cases that were processed outside the
electronic interstate case-processing system, by each
State in each year.
``(C) The progress made by States in implementing
the electronic interstate case-processing system.
``(D) How using the electronic interstate case-
processing system has affected various metrics related
to child safety and well-being, including the time it
takes for children to be placed across State lines.
``(E) How using the electronic interstate case-
processing system has affected administrative costs and
caseworker time spent on placing children across State
lines.
``(6) Data integration.--The Secretary, in consultation
with the Secretariat for the Interstate Compact on the
Placement of Children and the States, shall assess how the
electronic interstate case-processing system developed pursuant
to paragraph (4) could be used to better serve and protect
children that come to the attention of the child welfare
system, by--
``(A) connecting the system with other data systems
(such as systems operated by State law enforcement and
judicial agencies, systems operated by the Federal
Bureau of Investigation for the purposes of the
Innocence Lost National Initiative, and other systems);
``(B) simplifying and improving reporting related
to paragraphs (34) and (35) of section 471(a) regarding
children or youth who have been identified as being a
sex trafficking victim or children missing from foster
care; and
``(C) improving the ability of States to quickly
comply with background check requirements of section
471(a)(20), including checks of child abuse and neglect
registries as required by section 471(a)(20)(B).''.
SEC. 5. CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE SAFE AND
STABLE FAMILIES.
Section 437(a) of the Social Security Act (42 U.S.C. 629g(a)) is
amended by striking ``2016'' and inserting ``2018''.
SEC. 6. RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE PLACEMENT OF
CHILDREN.
Section 437(b) of the Social Security Act (42 U.S.C. 629g(b)) is
amended by adding at the end the following:
``(4) Improving the interstate placement of children.--The
Secretary shall reserve $5,000,000 of the amount made available
for fiscal year 2018 for providing funding under subsection
(g), and the amount so reserved shall remain available through
fiscal year 2022.''. | Modernizing the Interstate Placement of Children in Foster Care Act This bill amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require the procedures a state must have in effect for the orderly and timely interstate placement of children to include an electronic interstate case-processing system. Indian tribes are exempted from such requirement. Funding is authorized for development of an electronic interstate case-processing system to expedite the interstate placement of children in foster care, guardianship, or adoptive homes. Discretionary funding shall be continued through FY2018 to promote safe and stable families. The Department of Health and Human Services shall reserve $5 million of the amount made available for such grants for FY2018, which reserved amount shall remain available through FY2022. | {"src": "billsum_train", "title": "Modernizing the Interstate Placement of Children in Foster Care Act"} | 2,200 | 174 | 0.453367 | 1.361578 | 0.722228 | 3.265734 | 14.06993 | 0.902098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Recovery Act of 2005''.
SEC. 2. PURPOSES.
The purposes of this act are to accelerate the reemployment and
employment of individuals affected by Hurricanes Katrina and Rita, and
provide such individuals with enhanced flexibility, choice, and control
in obtaining intensive reemployment, training, and supportive services.
SEC. 3. GRANTS TO SUPPORT WORKER RECOVERY ACCOUNTS.
Subtitle F of title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.) is amended by redesignating subtitle F as subtitle
G and inserting after subtitle E the following:
``Subtitle F--Temporary Program to Provide Worker Recovery Accounts to
Workers Affected by a Gulf Hurricane Disaster
``SEC. 196. ESTABLISHMENT OF WORKER RECOVERY ACCOUNTS GRANT PROGRAM.
``(a) In General.--The Secretary shall make grants to eligible
entities to provide worker recovery accounts to eligible individuals in
accordance with this subtitle in order to meet the employment and
training needs of individuals affected by Hurricane Katrina or
Hurricane Rita.
``(b) Eligible Entities.--For purposes of this subtitle, an
eligible entity means--
``(1) the States of Louisiana, Mississippi, Alabama, and
Texas;
``(2) States to which a significant number of individuals
described in subsection (d)(2)(A)(i) and (ii) have relocated;
and
``(3) a local board or a consortium of local boards
established in a local area or areas--
``(A) within the boundaries of which is an area
that has been declared a major disaster under section
401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170) as a result
of Hurricane Katrina or Hurricane Rita and where the
President has determined payment of assistance under
section 410(a) of such Act is warranted; or
``(B) to which a significant number of individuals
described in subsection (d)(2)(A)(i) and (ii) have
relocated.
``(c) Use of Grant Funds.--
``(1) In general.--An eligible entity that receives a grant
under this subtitle shall use the grant funds to provide,
through a local area or areas, eligible individuals with worker
recovery accounts. An eligible individual may receive only 1
worker recovery account.
``(2) Amount in accounts.--The eligible entity shall
establish the amount to be provided for each worker recovery
account, which shall be uniform throughout the State or local
area and shall not be in excess of $5,000.
``(3) Limitation on administrative costs.--Of the amount
awarded to an eligible entity under a grant under this
subtitle, not more than 5 percent of the amount may be used for
the costs of administration.
``(d) Eligible Individuals.--
``(1) In general.--Each eligible entity shall establish
eligibility criteria for individuals for worker recovery
accounts in accordance with this subsection.
``(2) Eligibility criteria requirements.--
``(A) In general.--An individual shall be eligible
to receive a worker recovery account under a grant
awarded under this subtitle if the individual--
``(i)(I) was employed in a county in
Mississippi or Alabama, or a parish in
Louisiana, where a major disaster has been
declared under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) as a result of
Hurricane Katrina and where the President has
determined payment of assistance under section
410(a) of such Act is warranted; or
``(II) was employed in a county in Texas or
a parish in Louisiana where a major disaster
has been declared under section 401 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act as a result of
Hurricane Rita and where the President has
determined payment of assistance under section
410(a) of such Act is warranted;
``(ii) has lost the employment described in
clause (i) as a direct result of a Hurricane
Katrina or Hurricane Rita; and
``(iii) either
``(I)(aa) has been identified by
the State pursuant to section 303(j)(1)
of the Social Security Act (42 U.S.C.
503(j)(1)) as likely to exhaust regular
unemployment compensation and in need
of job search assistance to make a
successful transition to new
employment;
``(bb) is receiving regular
unemployment compensation as
defined in section 205(2) of
the Federal-State Extended
Unemployment Compensation Act
of 1970; and
``(cc) filed the claim for
unemployment compensation not
later than 9 months after the
declaration of the major
disaster described in clause
(i); or
``(II) is receiving disaster
unemployment assistance under section
410(a) of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5177(a)).
``(B) Additional eligibility and priority
criteria.--An eligible entity may establish criteria
that are in addition to the criteria described in
subparagraph (A) for the eligibility of individuals to
receive a worker recovery account under this subtitle.
An eligible entity may also establish criteria for
priority in the provision of a worker recovery account
to such eligible individuals under a grant awarded
under this subtitle.
``(3) No individual entitlement.--Nothing in this subtitle
shall be construed to entitle any individual to receive a
worker recovery account.
``(e) Administration.--
``(1) Information and attestation.--Prior to the
establishment of a worker recovery account for an eligible
individual, the eligible entity receiving a grant, through the
one-stop delivery system in the participating local area or
areas, shall ensure that the individual--
``(A) is informed of the requirements applicable to
the worker recovery account, including the allowable
uses of funds from the account, the limitations on
access to services described in section 196B and a
description of such services, and the conditions for
receiving a reemployment bonus;
``(B) has the option to develop a worker recovery
plan which will identify the employment goals and
appropriate combination of services selected by the
individual to achieve the employment goals; and
``(C) signs an attestation that the individual has
been given the option to develop a worker recovery plan
in accordance with subparagraph (B), will comply with
the requirements under this subtitle relating to the
worker recovery accounts, and will reimburse the
account or, if the account has been terminated, the
grant awarded under this subtitle, for any amounts
expended from the account that are not allowable.
``(2) Periodic interviews.--If a recipient exhausts his or
her rights to any unemployment compensation and the recipient
has a remaining balance in his or her worker recovery account,
the one-stop delivery system shall conduct periodic interviews
with the recipient to assist the recipient in meeting his or
her individual employment goals.
``(3) Use of worker recovery accounts.--The eligible entity
receiving a grant shall ensure that eligible individuals
receiving a worker recovery account use the account in
accordance with section 196B.
``SEC. 196A. APPLICATION FOR GRANTS.
``To be eligible to receive a grant under this subtitle, an
eligible entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require, including at a minimum--
``(1) if the eligible entity is a State--
``(A) assurance that the application was developed
in conjunction with the local board or boards and chief
elected officials where the worker recovery accounts
shall be made available; and
``(B) a description of the methods and procedures
for providing funds, including administrative funds, to
local areas where the worker recovery accounts shall be
made available;
``(2) a description of the criteria and methods to be used
for determining eligibility for the worker recovery account,
including the additional criteria and priority for service that
the eligible entity intends to apply, if any, pursuant to
section 196(d)(2)(B);
``(3) a description of the methods or procedures to be used
to provide eligible individuals information relating to
services and providers;
``(4) a description of safeguards to ensure that funds from
the worker recovery accounts are used for purposes authorized
under this subtitle and to ensure the quality and integrity of
services and providers, consistent with the purpose of
providing eligible individuals with enhanced flexibility,
choice, and control in obtaining intensive reemployment,
training, and supportive services;
``(5) a description of how the eligible entity will
coordinate the activities carried out under this subtitle with
the employment and training activities carried out under
section 134 and other activities carried out by local boards
through the one-stop delivery system in the State or local
area; and
``(6) an assurance that the eligible entity will comply
with any evaluation and reporting requirements the Secretary
may require.
``SEC. 196B. USE OF WORKER RECOVERY ACCOUNTS.
``(a) Allowable Activities.--
``(1) In general.--Subject to the requirements contained in
paragraphs (2) and (3), a recipient of a worker recovery
account may use amounts in a worker recovery account to
purchase 1 or more of the following:
``(A) Intensive services, including those type of
services specified in section 134(d)(3)(C).
``(B) Training services, including those types of
services specified in section 134(d)(4)(D).
``(C) Supportive services (except for needs related
payments) and relocation assistance.
``(2) Delivery of services.--The following requirements
relating to delivery of services shall apply to the grants
under this subtitle:
``(A) Recipients may use funds from the worker
recovery account to purchase the services described in
paragraph (1) through the one-stop delivery system on a
fee-for-service basis, or through other providers,
consistent with the safeguards described in section
196A(d).
``(B) The eligible entity, through the one-stop
delivery system in the participating local area or
areas, may pay costs for such services directly on
behalf of the recipient, through a voucher system,
through arrangements with private financial
institutions, or by reimbursement to the recipient upon
receipt of appropriate cost documentation.
``(C) Each eligible entity, through the one-stop
delivery system in the participating local area or
areas, shall make available to recipients information
on training providers, including information specified
in section 134(d)(4)(F)(ii), information available to
the one-stop delivery system on providers of the
intensive and supportive services described in
paragraph (1), including child care, and information
relating to occupations in demand in the local area and
occupations in demand in the home State of an
individual who has relocated.
``(3) Limitations.--The following limitations shall apply
with respect to worker recovery accounts under this subtitle:
``(A) Amounts in a worker recovery account may be
used for up to 1 year from the date of the
establishment of the account.
``(B) Each recipient shall submit cost
documentation as required by the one-stop delivery
system.
``(C) For the 1-year period following the
establishment of the account, recipients may not
receive intensive, supportive, or training services
funded under title I of this Act except on a fee-for-
services basis as specified in paragraph (2)(A).
``(D) Amounts in a worker recovery account shall be
nontransferable.
``(b) Reemployment Bonus.--
``(1) In general.--Subject to paragraph (2), if a recipient
determined eligible under section 196(d) obtains full-time
employment before the 13th week of unemployment for which
unemployment compensation (including disaster unemployment
assistance) is paid, or if such individual was already
receiving unemployment compensation (including disaster
unemployment assistance) on the date of enactment of this
subtitle and obtains full-time employment before the 13th week
after the week in which the worker recovery account is
established, the balance of his or her worker recovery account
in an amount not to exceed $1,000 shall be provided directly to
the recipient in cash.
``(2) Limitations.--The following limitations shall apply
with respect to a recipient described in paragraph (1):
``(A) 60 percent of the remaining worker recovery
account balance as determined under paragraph (1), up
to a maximum of $600, shall be paid to the recipient at
the time of employment.
``(B) 40 percent of the remaining worker recovery
account balance as determined under paragraph (1), up
to a maximum of $400, shall be paid to the recipient
after 26 weeks of employment retention.
``(3) Exception regarding subsequent employment.--If a
recipient described in paragraph (1) subsequently becomes
unemployed due to a lack of work after receiving the portion of
the reemployment bonus specified under paragraph (2)(A), the
individual may use the amount remaining in the worker recovery
account for the purposes described in subsection (a) but may
not be eligible for additional cash payments under this
subparagraph.
``SEC. 196C. PROGRAM INFORMATION AND EVALUATION.
``(a) Information.--The Secretary may require eligible entities
receiving a grant under this subtitle to collect and report on such
financial, performance, and other program-related information as the
Secretary determines is appropriate to carry out this subtitle,
including the evaluation described in subsection (b).
``(b) Evaluation.--
``(1) In general.--The Secretary, pursuant to the authority
provided in section 172, shall, directly or through grants,
contracts, or cooperative agreement with appropriate entities,
conduct an evaluation of the activities carried out under any
grants awarded under this subtitle.
``(2) Report.--The Secretary shall report to Congress
relating to the results of the evaluations required under
paragraph (1), which shall include any recommendations the
Secretary deems appropriate with respect to the use of worker
recovery account as a mechanism to assist individuals in
obtaining and retaining employment.
``SEC. 196D. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this subtitle $650,000,000 for fiscal year 2006.
``(b) Availability of Funds.-- Funds authorized under this subtitle
shall be available for obligation upon the date of enactment of the
appropriation and shall remain available for obligation until September
30, 2006 and for expenditure until September 30, 2007.''. | Worker Recovery Act of 2005 - Amends the Workforce Investment Act of 1998 to establish a temporary program to provide worker recovery accounts to workers affected by a Gulf hurricane disaster.
Directs the Secretary of Labor to make grants to eligible entities to provide such accounts to eligible individuals affected by Hurricane Katrina or Hurricane Rita, in order to meet such individuals' employment and training needs. | {"src": "billsum_train", "title": "To accelerate the reemployment and employment of individuals affected by Hurricanes Katrina and Rita by establishing grants to eligible entities to provide worker recovery accounts to eligible individuals."} | 3,199 | 83 | 0.591551 | 1.408262 | 1.356883 | 3.985915 | 42.408451 | 0.943662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``China Market Access and Export
Opportunities Act of 1997''.
SEC. 2. STATEMENT OF PURPOSE.
It is the purpose of this Act--
(1) to authorize the President of the United States to
raise tariffs on imports from the People's Republic of China to
tariff levels in effect on December 31, 1994, if the President
determines, 6 months after the date of the enactment of this
Act, that the People's Republic of China is either denying
adequate trade benefits to the United States or not taking
steps to become a full member of the World Trade Organization;
(2) to provide a significant incentive for the People's
Republic of China to gain admission to the World Trade
Organization by eliminating the annual review of China's trade
status after it commits to a commercially acceptable protocol
and is admitted to the World Trade Organization; and
(3) therefore to enhance the ability of the President of
the United States to negotiate a commercially acceptable World
Trade Organization protocol with the People's Republic of
China.
SEC. 3. SNAP-BACK MECHANISM.
(a) Determination With Respect to the People's Republic of China.--
After the enactment of this Act, the President shall, after consulting
with the appropriate congressional committees, determine whether or not
the People's Republic of China is--
(1) according adequate trade benefits to the United States,
including substantially equal competitive opportunities for the
commerce of the United States; and
(2) taking adequate steps or making significant proposals
to become a WTO member.
(b) Submission of Findings.--Not later than 180 days after the date
of the enactment of this Act, the President shall submit to the
appropriate congressional committees a report setting forth his
determinations under paragraphs (1) and (2) of subsection (a), with a
rationale for each determination.
(c) Tariff Increase.--
(1) Imposition of increase.--If the President determines
either--
(A) under paragraph (1) of subsection (a) that the
People's Republic of China is not according adequate
trade benefits to the United States, or
(B) under paragraph (2) of subsection (a) that the
People's Republic of China is not taking adequate steps
or making significant proposals to become a WTO member,
then the President shall proclaim, within 180 days after the
date of that determination, an increase in the rate of duty
with respect to 1 or more products of that country to not more
than the column 1 rate of duty under the Harmonized Tariff
Schedule of the United States that applied to the article or
articles on December 31, 1994.
(2) Termination of increase.--The President shall terminate
any increase in the rate of duty imposed under paragraph (1) on
the earlier of--
(A) the date on which the People's Republic of
China becomes a WTO member; or
(B) the date on which the President proclaims
that--
(i) the People's Republic of China is
according adequate trade benefits to the United
States, including substantially equal
competitive opportunities for the commerce of
the United States; and
(ii) the People's Republic of China is
taking adequate steps or making significant
proposals to become a WTO member.
(3) Modification of tariff.--The President may modify any
increase in the rate of duty imposed under paragraph (1) if the
President notifies the appropriate congressional committees of
the modification and the reasons therefor, except that--
(A) the modification may not result in a rate of
duty higher than that permitted under paragraph (1);
and
(B) the authority of this paragraph may not be used
to terminate an increase in the rate of duty imposed
under paragraph (1).
SEC. 4. ACCESSION TO THE WORLD TRADE ORGANIZATION.
On the date on which the People's Republic of China becomes a WTO
member, the provisions of title IV of the Trade Act of 1974 shall cease
to apply to that country, and nondiscriminatory treatment shall apply
to the products of that country.
SEC. 5. DEFINITION.
As used in this Act, the term ``WTO member'' has the meaning given
that term in section 2(10) of the Uruguay Round Agreements Act (19
U.S.C. 3501(10)). | China Market Access and Export Opportunities Act of 1997 - Directs the President to increase the rate of duty with respect to one or more products of China if it is determined that China is not: (1) according adequate trade benefits to the United States; or (2) taking adequate steps or making significant proposals to become a World Trade Organization (WTO) member. Grants, upon China's accession to the WTO, nondiscriminatory treatment (most-favored-nation) treatment to Chinese products. | {"src": "billsum_train", "title": "China Market Access and Export Opportunities Act of 1997"} | 923 | 106 | 0.627748 | 1.675413 | 0.878719 | 3.989583 | 9.302083 | 0.885417 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Parents to Invest in
Choice Act of 2015''.
SEC. 2. QUALIFIED TUITION PROGRAMS EXTENDED TO COVER ELEMENTARY AND
SECONDARY EDUCATION EXPENSES.
(a) In General.--Section 529(e)(3) of the Internal Revenue Code of
1986 is amended to read as follows:
``(3) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means--
``(i) qualified elementary and secondary
education expenses (as defined in subparagraph
(B)), and
``(ii) qualified higher education expenses
(as defined in subparagraph (C)).
``(B) Qualified elementary and secondary education
expenses.--
``(i) In general.--The term `qualified
elementary and secondary education expenses'
means--
``(I) expenses for tuition, fees,
academic tutoring, special needs
services in the case of a special needs
beneficiary, books, supplies, and other
equipment which are incurred in
connection with the enrollment or
attendance of the designated
beneficiary of the trust as an
elementary or secondary school student
at a public, private, or religious
school,
``(II) expenses for the purchase of
any computer technology or equipment
(as defined in section 170(e)(6)(F)(i))
or Internet access and related
services, if such technology,
equipment, or services are to be used
by the beneficiary and the
beneficiary's family during any of the
years the beneficiary is in school.
Subclause (III) shall not include expenses for
computer software designed for sports, games,
or hobbies unless the software is predominantly
educational in nature.
``(ii) School.--The term `school' means any
school which provides elementary education or
secondary education (kindergarten through grade
12), as determined under State law.
``(C) Qualified higher education expenses.--
``(i) In general.--The term `qualified
higher education expenses' means--
``(I) tuition, fees, books,
supplies, and equipment required for
the enrollment or attendance of a
designated beneficiary at an eligible
educational institution, and
``(II) expenses for special needs
services in the case of a special needs
beneficiary which are incurred in
connection with such enrollment or
attendance.
``(ii) Room and board included for students
who are at least half-time.--In the case of an
individual who is an eligible student (as
defined in section 25A(b)(3)) for any academic
period, such term shall also include reasonable
costs for such period (as determined under the
qualified tuition program) incurred by the
designated beneficiary for room and board while
attending such institution. For purposes of
subsection (b)(6), a designated beneficiary
shall be treated as meeting the requirements of
this clause.
``(iii) Limitation on room and board
included for students who are at least half-
time.--The amount treated as qualified higher
education expenses by reason of clause (ii)
shall not exceed--
``(I) the allowance (applicable to
the student) for room and board
included in the cost of attendance (as
defined in section 472 of the Higher
Education Act of 1965 (20 U.S.C.
1087ll), as in effect on the date of
the enactment of the Economic Growth
and Tax Relief Reconciliation Act of
2001) as determined by the eligible
educational institution for such
period, or
``(II) if greater, the actual
invoice amount the student residing in
housing owned or operated by the
eligible educational institution is
charged by such institution for room
and board costs for such period.''.
(b) Conforming Amendments.--
(1) Section 72(t)(7)(A) of such Code is amended by striking
``529(e)(3)'' and inserting ``529(e)(3)(C)''.
(2) Section 529(c)(3)(B) of such Code is amended by
striking ``qualified higher education expenses'' in the heading
thereof and inserting ``qualified education expenses''.
(3) Section 529(c)(3)(B)(i) of such Code is amended by
striking ``qualified higher education expense'' and inserting
``qualified education expense''.
(4) Section 529 of such Code is amended by striking
``qualified higher education expenses'' each place it appears
and inserting ``qualified education expenses'' in each of the
following:
(A) Subsection (b)(1)(A)(i).
(B) Subsection (b)(1)(A)(ii).
(C) Subsection (b)(6).
(D) Subsection (c)(3)(B)(ii)(I).
(E) Subsection (c)(3)(B)(v).
(F) Subsection (c)(3)(B)(vi)(II).
(G) Subsection (c)(6).
(5) Section 530(b) of such Code is amended by striking
paragraphs (2) and (3) and redesignating paragraph (4) as
paragraph (2).
(6) Section 1400O(1) of such Code is amended by striking
``529(e)(3)'' and inserting ``529(e)(3)(C)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 3. INCREASED LIMITATION ON CONTRIBUTIONS TO COVERDELL EDUCATION
SAVINGS ACCOUNTS.
(a) In General.--Section 530(b)(1)(A)(iii) of the Internal Revenue
Code of 1986 is amended by striking ``$2,000'' and inserting
``$15,000''.
(b) Inflation Adjustment.--Section 530 of such Code is amended by
adding at the end the following new subsection:
``(i) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning after 2015, the $15,000 amount contained in
subsection (b)(1)(A)(iii) shall be increased by an amount equal
to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2014' for `calender year 1992' in
subparagraph (B) thereof.
``(2) Rounding rule.--Any increase determined under the
preceding sentence shall be rounded to the nearest multiple of
$100.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014. | Empowering Parents to Invest in Choice Act of 2015 This bill amends the Internal Revenue Code to allow the payment of qualified elementary and secondary education expenses from a tax-exempt qualified tuition program (known as a 529 plan). (Currently, such plans only pay qualified higher education expenses.) Included as qualified elementary and secondary education expenses are expenses for tuition, fees, academic tutoring, special needs services, books, supplies, and computer technology or equipment. The bill also increases from $2,000 to $15,000 the limit on the amount that may be contributed to a tax-exempt Coverdell education savings account. The new contribution limit is adjusted for inflation in each taxable year beginning after 2015. | {"src": "billsum_train", "title": "Empowering Parents to Invest in Choice Act of 2015"} | 1,524 | 147 | 0.520976 | 1.384012 | 0.723592 | 2.421053 | 9.796992 | 0.827068 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ski Area Recreational Opportunity
Enhancement Act of 2010''.
SEC. 2. PURPOSE.
The purpose of this Act is to amend the National Forest Ski Area
Permit Act of 1986 (16 U.S.C. 497b)--
(1) to enable snow-sports (in addition to nordic and alpine
skiing) to be permitted on National Forest System land, subject
to ski area permits issued by the Secretary of Agriculture
under section 3 of the National Forest Ski Area Permit Act of
1986 (16 U.S.C. 497b); and
(2) to clarify the authority of the Secretary to permit
appropriate additional seasonal or year-round recreational
activities and facilities on National Forest System land,
subject to ski area permits issued by the Secretary under
section 3 of the National Forest Ski Area Permit Act of 1986
(16 U.S.C. 497b).
SEC. 3. SKI AREA PERMITS.
Section 3 of the National Forest Ski Area Permit Act of 1986 (16
U.S.C. 497b) is amended--
(1) in subsection (a), by striking ``nordic and alpine ski
areas and facilities'' and inserting ``ski areas and associated
facilities'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``nordic and alpine skiing operations and
purposes'' and inserting ``skiing and other snow-sports and
such other seasonal or year-round recreational activities
associated with mountain resorts as the Secretary may authorize
pursuant to subsection (c)'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b) the following:
``(c) Other Recreational Uses.--
``(1) Authority of secretary.--Subject to paragraphs (2)
and (3), the Secretary may authorize the holder of a ski area
permit issued pursuant to subsection (b) to provide on National
Forest System land subject to the ski area permit such other
seasonal or year-round natural resource-based recreational
activities and associated facilities or improvements (in
addition to skiing and other snow-sports) as the Secretary
determines to be appropriate.
``(2) Requirements.--Any activity, facility, or improvement
authorized by the Secretary under paragraph (1) shall--
``(A) encourage outdoor recreation and enjoyment of
nature;
``(B) to the extent practicable, harmonize with the
natural environment of the National Forest System land
on which the activity, facility, or improvement is
located;
``(C) to the extent practicable, be located within
the portions of the ski permit area that are developed
to support skiing and other snow sports;
``(D) be consistent with the applicable forest
management plan and all other applicable laws; and
``(E) be subject to such terms and conditions as
the Secretary determines to be appropriate.
``(3) No change in purpose.--
``(A) Purpose test.--The Secretary may not
authorize an activity, facility, or improvement under
paragraph (1) if the Secretary determines that the
authorization of the activity, facility, or improvement
would result in the primary recreational purpose of the
National Forest System land subject to the ski area
permit to be a purpose other than skiing or any other
snow-sport.
``(B) Revenue test.--To ensure that National Forest
System lands subject to a ski area permit continue to
be used predominately for skiing and other snow sports,
the Secretary may authorize an activity, facility, or
improvement under paragraph (1) only to the extent that
the majority of the revenue of the ski area is
generated by the sale of lift tickets and fees for ski
and other snow-sport rentals, skiing and other snow-
sport instruction, ski trail passes for the use of
trails maintained by the permit holder, and ancillary
facilities related to the operation and support of
skiing and other snow-sport activities.
``(4) Boundary changes.--When determining the boundary of a
ski area permit under subsection (b)(3), the Secretary shall
not consider the need for activities other than skiing and
other snow-sports.
``(5) Effect on existing authorized activities and
facilities.--Nothing in this subsection affects any activity or
facility authorized by a ski area permit in effect on the date
of enactment of this subsection during the term of the
permit.''; and
(5) in subsection (d) (as redesignated by paragraph (3))--
(A) by striking ``Within one year after the date of
enactment of this Act, the'' and inserting ``Not later
than 18 months after the date of enactment of the Ski
Area Recreational Opportunity Enhancement Act of 2010,
the''; and
(B) by striking ``within 3 years of the date of
enactment of this Act''.
SEC. 4. EFFECT.
Nothing in this Act (including the amendments made by this Act)
affects--
(1) any authority of the Secretary of Agriculture
(including the authority of the Secretary with respect to
recreational activities or infrastructure located on National
Forest System land) under any Federal law (including
regulations) other than the National Forest Ski Area Permit Act
of 1986 (16 U.S.C. 497b); and
(2) any duty of the Secretary under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 5. STATUTORY PAY-AS-YOU-GO LANGUAGE.
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.
Passed the House of Representatives July 30 (legislative
day July 29), 2010.
Attest:
LORRAINE C. MILLER,
Clerk.
By Robert F. Reeves,
Deputy Clerk. | Ski Area Recreational Opportunity Enhancement Act of 2010 - Amends the National Forest Ski Area Permit Act of 1986 to require the term and acreage of permits for the operation of ski areas and associated facilities (under current law, for the operation of nordic and alpine ski areas and facilities) on National Forest System lands to be governed by provisions under the Act relating to such permits and other applicable law.
Provides for the issuance of permits for the use and occupancy of suitable lands within the National Forest System for skiing and other snow-sports and such other seasonal or year-round recreational activities associated with mountain resorts as the Secretary of Agriculture (USDA) may authorize pursuant to this Act.
Requires any authorized activity, facility, or improvement other than skiing and other snow-sports to: (1) encourage outdoor recreation and enjoyment of nature; (2) harmonize with the natural environment of the National Forest System land on which it is located; (3) be located within the parts of the ski permit area that are developed to support skiing and other snow sports; and (4) be consistent with the applicable forest management plan and all other applicable laws.
Prohibits the Secretary from authorizing an activity, facility, or improvement under this Act if its authorization would result in the primary recreational purpose of the National Forest System land with a ski area permit being a purpose other than skiing or any other snow-sport. Allows the Secretary to authorize such an activity, facility, or improvement only to the extent that the majority of the ski area's revenue is generated by the sale of lift tickets and related fees for skiing and other snow-sport activities.
Bars the Secretary from considering the need for activities other than skiing and snow-sports when determining the boundary of a ski area permit.
Requires the Secretary to: (1) promulgate new rules and regulations for the implementation of this Act; and (2) convert all ski area permits or leases on National Forest System lands into ski area permits which conform to the provisions of this Act. | {"src": "billsum_train", "title": "To amend the National Forest Ski Area Permit Act of 1986 to clarify the authority of the Secretary of Agriculture regarding additional recreational uses of National Forest System land that are subject to ski area permits, and for other purposes."} | 1,351 | 429 | 0.750408 | 2.2578 | 0.845159 | 4.098237 | 3.214106 | 0.90932 |
SECTION 1. AVAILABILITY OF PROPORTIONATE SHARE OF DOCKET 74-A TO THE
SANTEE SIOUX TRIBE.
(a) In General.--Of the amounts appropriated in satisfaction of the
monetary settlement in Docket 74-A, together with the investment income
earned thereon, the proportionate share of the Santee Sioux Tribe shall
be available in accordance with this Act.
(b) Fund.--The Secretary of the Interior shall hold the amount made
available under subsection (a) in trust for the tribe in a trust fund
to be known as the ``Santee Sioux Tribe Docket 74-A Fund''.
(c) Investment of Principal.--The Secretary shall invest the
principal of the fund in accordance with applicable law.
(d) Availability of Earnings.--The interest and investment income
earned under subsection (c) shall be made available on an annual basis
to the Santee Sioux Tribe for such social and economic programs and
tribal government operations as may be determined by the tribal council
of the Santee Sioux Tribe, as follows:
(1) 20 percent of such amounts shall be available annually
for economic development.
(2) 20 percent of such amounts shall be available annually
for burials.
(3) 60 percent of such amounts shall be available annually
for annual budgeting by the tribal council based on local
priorities and initiatives.
(e) Restrictions on Use of Moneys for Acquisition of Land Located
Outside of Reservation.--Amounts made available under subsection (d)
may not be used to acquire any lands or interests in lands located
outside the exterior boundaries of the reservation of the Santee Sioux
Tribe.
(f) Tax Exemption and Resources Exemption Limitation.--None of the
funds which are distributed per capita or held in trust pursuant to
this section, including all interest and investment income accrued
thereon while such funds are so held in trust, shall be subject to
Federal or State income taxes, nor shall such funds nor their
availability be considered as income or resources nor otherwise
utilized as the basis for denying or reducing the financial assistance
or other benefits to which such household or member would otherwise be
entitled under the Social Security Act (42 U.S.C. 301 et seq.) or,
except for per capita shares in excess of $2,000, any Federal or
federally assisted program.
(g) Release, Relinquishment, and Extinguishment of Claims.--
(1) Release and relinquishment.--No amount may be made
available under subsection (a) until after the Santee Sioux
Tribe executes a release and relinquishment, acceptable to the
Secretary, of all claims subject to Docket 74-A.
(2) Extinguishment.--By virtue of the execution of a
release and relinquishment under paragraph (1), all claims by
the Santee Sioux Tribe and any of its members against the
United States which are subject to Docket 74-A shall be deemed
extinguished as of the date of the execution.
SEC. 2. APPLICABILITY OF SETTLEMENT TERMS AND CONDITIONS OF SIOUX
INDIAN NATION IN DOCKETS 74-A AND 74-B, IF SETTLED.
(a) In General.--If the Sioux Indian Nation accepts the settlement
in both Dockets 74-A and 74-B, all amounts remaining in the fund shall
be subject to the general terms and conditions applicable to moneys
available to the Sioux Indian Nation under such settlement. Thereafter,
section 1 shall not apply.
(b) Sioux Indian Nation.--For the purposes of subsection (a), the
term ``Sioux Indian Nation'' means--
(1) the Cheyenne River Sioux Tribe of the Cheyenne River
Indian Reservation;
(2) the Crow Creek Sioux Tribe of the Crow Creek Indian
Reservation;
(3) the Flandreau Santee Sioux Tribe of South Dakota;
(4) the Lower Brule Sioux Tribe of the Lower Brule Indian
Reservation;
(5) the Oglala Sioux Tribe of the Pine Ridge Reservation;
(6) the Rosebud Sioux Tribe of the Rosebud Reservation,
South Dakota;
(7) the Santee Sioux Tribe of the Santee Reservation,
Nebraska;
(8) the Standing Rock Sioux Tribe of the Standing Rock
Reservation, North and South Dakota; and
(9) the Sioux Tribe of the Fort Peck Reservation, Montana.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Santee Sioux Tribe'' means the Santee Sioux
Tribe of the Santee Reservation, Nebraska, a party to Docket
74-A.
(2) The term ``Docket 74-A'' means the action before the
United States Claims Court in the case entitled ``Sioux Nation
of Indians against the United States'' for the adjudication of
claims based on the Treaty of April 29, 1868 (15 Stat. 635),
and the monetary settlement related thereto, between the United
States Government and the Sioux Indian Nation. Such term does
not include claims based on the Act of February 22, 1877 (19
Stat. 254), relating to the taking of the Black Hills,
designated as Docket 74-B.
(3) The term ``proportionate share'' means 5.11 percent, as
provided by the Bureau of Indian Affairs in their ``Results of
Research Report'' dated October 1989.
(4) The term ``fund'' means the Santee Sioux Tribe Docket
74-A Fund established by section 2(b).
(5) The term ``Secretary'' means the Secretary of the
Interior. | Makes available the proportionate share of the amounts appropriated in satisfaction of the monetary settlement, together with the investment income earned thereon, with respect to the Santee Sioux Tribe of Nebraska.
Directs that if the Sioux Indian Nation accepts the settlements: (1) all amounts remaining in the fund will be subject to the general terms and conditions applicable to moneys available to the Sioux Indian Nation under such settlement; and (2) thereafter the first clause shall not apply. | {"src": "billsum_train", "title": "To make available to the Santee Sioux Tribe of Nebraska its proportionate share of funds awarded in Docket 74-A to the Sioux Indian Nation, and for other purposes."} | 1,305 | 104 | 0.552644 | 1.643742 | 0.653228 | 5.134831 | 12.213483 | 0.910112 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Emergency Acute Care Hospital
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the University of North Carolina's Center
for Health Services Research, 55 rural hospitals have closed in
the Unites States since January 2010.
(2) In 2014, iVantage conducted a study for the National
Rural Health Association and found 283 hospitals at risk of
closure based upon performance indicators that matched those
facilities already forced to close in this decade.
(3) Researchers at the University of North Carolina
identified inpatient volume as a substantial contributing
factor to the financial performance of rural hospitals, with
many of the at-risk hospitals having an average daily bed
census of less than 2.
(4) Adverse impacts to the local economy and the loss of
timely access to emergency medical care are 2 major effects of
rural hospital closures.
(5) According to the National Center for Rural Health
Works, the typical rural hospital creates over 140 jobs and
generates $6,800,000 in compensation while serving an average
population of 14,600.
(6) The 2014 iVantage study estimates that the 283 at-risk
hospitals could result in the loss of 36,000 health care jobs,
50,000 community jobs, and $10,600,000,000 in gross domestic
product.
(7) Time is the most critical factor for achieving
successful outcomes in emergency medicine, and emergency
medical clinicians refer to the time-sensitive period during
which successful outcomes may be best achieved as the ``golden
hour''.
(8) The National Conference of State Legislatures states
that 60 percent of trauma deaths in the United States occur in
rural areas, where only 15 percent of the population is
represented.
(9) The disproportionate percentage of trauma deaths in
rural areas is likely attributable in large part to a
combination of response time to the scene and distance to the
nearest emergency room to stabilize trauma victims.
(10) The percentage of trauma deaths occurring in rural
areas could continue to increase as more rural hospitals close,
further limiting access to emergency services and requiring
patients to travel longer distances to receive emergency
medical care.
(11) The creation of a rural emergency hospital designation
under the Medicare program will allow facilities in rural areas
to provide emergency medical services without having to
maintain inpatient beds.
(12) In addition to providing emergency care, rural
emergency hospitals could convert the space previously used for
inpatient services to provide other medical services including,
but not limited to, observation care, skilled nursing facility
care, infusion services, hemodialysis, home health, hospice,
nursing home care, population health, and telemedicine
services.
SEC. 3. RURAL EMERGENCY HOSPITAL PROGRAM.
(a) In General.--
(1) Rural emergency hospital and services defined.--Section
1861 of the Social Security Act (42 U.S.C. 1395x) is amended--
(A) in subsection (e), in the last sentence of the
matter following paragraph (9), by inserting ``or a
rural emergency hospital (as defined in section
1861(iii)(1))'' before the period at the end; and
(B) by adding at the end the following subsection:
``Rural Emergency Hospital; Rural Emergency Hospital Outpatient
Services
``(iii)(1) The term `rural emergency hospital' means a facility
that--
``(A)(i) as of December 31, 2014--
``(I) was a critical access hospital; or
``(II) was a hospital with not more than 50
beds located in a county (or equivalent unit of
local government) in a rural area (as defined
in section 1886(d)(2)(D)), or was a hospital
with not more than 50 beds that was treated as
being located in a rural area pursuant to
section 1886(d)(8)(E); or
``(ii) was a critical access hospital described in
clause (i)(I) or a hospital described in clause (i)(II)
that ceased operations during the period beginning on
the date that is 5 years prior to the date of the
enactment of this subsection and ending on December 30,
2014;
``(B) provides 24-hour emergency medical care and
observation care that does not exceed an annual per patient
average of 24 hours or more than 1 midnight;
``(C) does not provide any acute care inpatient beds and
has protocols in place for the timely transfer of patients who
require acute care inpatient services or other inpatient
services;
``(D) has elected to be designated as a rural emergency
hospital;
``(E) has received approval to operate as a rural emergency
hospital from the State under section 1834(r)(3)(A); and
``(F) is certified by the Secretary under section
1834(r)(3)(B).
``(2) The term `rural emergency hospital outpatient services' means
medical and other health services furnished by a rural emergency
hospital on an outpatient basis.
``(3) Nothing in this subsection or section 1834(r)(3) shall be
construed to prohibit a rural emergency hospital from providing
extended care services.''.
(2) Payment for rural emergency hospital services.--
(A) In general.--Section 1833(a) of the Social
Security Act (42 U.S.C. 1395l(a)) is amended--
(i) in paragraph (8), by striking ``and''
at the end;
(ii) in paragraph (9), by striking the
period at the end and inserting ``; and''; and
(iii) by inserting after paragraph (9) the
following new paragraph:
``(10) in the case of rural emergency hospital emergency
services and services provided by a rural emergency hospital or
other provider of ambulance services to transport patients who
require acute care inpatient services or other inpatient
services from such rural emergency hospital to a hospital or
critical access hospital, the amounts described in section
1834(r).''.
(B) Payment amount.--Section 1834 of the Social
Security Act (42 U.S.C. 1395m) is amended by adding at
the end the following subsection:
``(r) Payment Rules Relating to Rural Emergency Hospitals.--
``(1) Payment for rural emergency hospital outpatient
services.--
``(A) In general.--The amount of payment for rural
emergency hospital outpatient services of a rural
emergency hospital is equal to 110 percent of the
reasonable costs of providing such services.
``(B) Telehealth services.--For purposes of this
paragraph, in determining the reasonable costs of
providing rural emergency hospital outpatient services,
costs associated with having a backup physician
available via a telecommunications system shall be
considered reasonable costs.
``(2) Payment for transportation services.--The amount of
payment for services provided by a rural emergency hospital or
other provider of ambulance services to transport patients who
require acute care inpatient services or other inpatient
services from such rural emergency hospital to a hospital or
critical access hospital is equal to 110 percent of the
reasonable costs of providing such services.
``(3) Requirements for rural emergency hospitals.--
``(A) State approval to operate as a rural
emergency hospital.--No payment shall be made under
this subsection to a facility, or to a provider of
ambulance services providing transportation services
from such facility, unless the State in which the
facility is located has approved the facility's
designation as a rural emergency hospital.
``(B) Certification of rural emergency hospital.--
``(i) In general.--No payment shall be made
under this subsection to a facility, or to a
provider of ambulance services providing
transportation services from such facility,
unless the facility has been certified by the
Secretary as a rural emergency hospital.
``(ii) Certification requirements.--The
Secretary shall certify a facility as a rural
emergency hospital if the facility--
``(I) meets the criteria for rural
emergency hospitals described in
subparagraphs (A) through (E) of
section 1861(iii)(1);
``(II) either--
``(aa) is verified by the
American College of Surgeons as
having the resources required
of a level IV trauma center or
higher; or
``(bb) employs healthcare
professionals that successfully
completed the Advanced Trauma
Life Support Course offered by
the American College of
Surgeons within the preceding 4
years;
``(III) has in effect a transfer
agreement with a level I or level II
trauma center; and
``(IV) meets such staff training
and certification requirements as the
Secretary may require.
``(4) Coinsurance.--
``(A) In general.--The amount of payment for rural
emergency hospital services or transportation services
made to a rural emergency hospital or other provider of
ambulance services under this subsection shall be
reduced by the coinsurance amount described in
subparagraph (B).
``(B) Coinsurance amount.--The coinsurance amount
described in this subparagraph, with respect to an item
or service provided by a rural emergency hospital or
provider of ambulance services, shall be calculated in
the same manner as the coinsurance amount for an
outpatient critical access hospital service is
calculated under section 1866(a)(2).''.
(b) Waiver of Distance Requirement for Replacement CAHs; Subsequent
Redesignation of Rural Emergency Hospitals as CAHs.--Section 1820(c)(2)
of the Social Security Act (42 U.S.C. 1395i-4(c)(2)) is amended--
(1) in subparagraph (B)(i)(I), by inserting ``subject to
subparagraph (F),'' before ``is located''; and
(2) by adding at the end the following new subparagraphs:
``(F) Option to waive distance requirement.--
Beginning on the date of the enactment of this
subparagraph, for every critical access hospital
located in a State that is certified as a rural
emergency hospital under section 1834(r)(3)(B), the
State shall have the option of waiving the distance
requirement described in subparagraph (B)(i)(I) with
respect to another facility located in the State that
is seeking designation as a critical access hospital
under this paragraph.
``(G) Redesignation of a rural emergency hospital
as a critical access hospital.--A rural emergency
hospital that was previously designated as a critical
access hospital under this paragraph may elect to be
redesignated as a critical access hospital (in the same
manner that the hospital was originally designated as a
critical access hospital) at any time, subject to such
conditions as the Secretary may establish.''.
(c) Studies and Reports.--
(1) Studies.--The Secretary of Health & Human Services
shall conduct 3 studies to evaluate the impact of rural
emergency hospitals on the availability of health care and
health outcomes in rural areas (as defined in section
1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww)).
The Secretary shall conduct a study--
(A) 2 years after the date of the enactment of this
Act;
(B) 5 years after the date of the enactment of this
Act; and
(C) 10 years after the date of the enactment of
this Act.
(2) Reports.--Not later than 6 months after each date that
the Secretary of Health & Human Services is required to conduct
a study under paragraph (1), the Secretary shall submit a
report to Congress containing the results of each such study.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after the date that is 1
year after the date of the enactment of this Act.
SEC. 4. INCLUSION OF EMERGENCY MEDICINE AS HEALTH SERVICES UNDER THE
NATIONAL HEALTH SERVICE CORPS.
Section 331(a)(3)(D) of the Public Health Service Act (42 U.S.C.
254d(a)(3)(D)) is amended by inserting ``, and includes emergency
medicine provided by physicians in a rural emergency hospital (as
defined in section 1861(iii) of the Social Security Act)'' before the
period.
SEC. 5. PERMITTING HOSPITALS WITH APPROVED RESIDENCY PROGRAMS IN
EMERGENCY MEDICINE TO INCLUDE TIME SPENT BY INTERNS AND
RESIDENTS IN THE EMERGENCY DEPARTMENT OF A RURAL HOSPITAL
IN FULL-TIME EQUIVALENT COUNT.
(a) Indirect Medical Education.--Section 1886(d)(5)(B)(iv) of the
Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(iv)) is amended by
adding at the end the following new subclause:
``(III) Effective for discharges occurring on or after
October 1, 2015, all of the time spent in patient care
activities in the emergency department of a rural hospital by
interns and residents in emergency medicine from a hospital
with an approved medical residency training program (as defined
in subsection (h)(5)(A)) in such specialty shall be included in
determining the number of full-time equivalent interns and
residents in such program if the hospital with such program
incurs the costs of the stipends and fringe benefits of the
interns or residents during the time the interns or residents
spend in that rural hospital in accordance with subclause (II).
In this subclause, the term `rural hospital' means a hospital
that is located in a rural area (as defined for purposes of
paragraph (2)(D)).''.
(b) Direct Medical Education.--Section 1886(h)(4)(E) of the Social
Security Act (42 U.S.C. 1395(h)(4)) is amended--
(1) in clause (ii), by striking the period at the end and
inserting ``; and'';
(2) by inserting after clause (ii) the following new
clause:
``(iii) effective for cost reporting
periods beginning on or after July 1, 2015, all
of the time so spent in the emergency
department of a rural hospital by residents in
emergency medicine from a hospital with an
approved medical residency training program in
such specialty shall be counted towards the
determination of full-time equivalency in such
program if the hospital with such program bears
all, or substantially all, of the costs of
training such residents in the rural hospital.
In this subparagraph, the term `rural hospital'
means a hospital that is located in a rural
area (as defined for purposes of subsection
(d)(2)(D)).''; and
(3) by adding at the end the following new sentence: ``For
purposes of this subparagraph, the emergency department of a
rural hospital described in clause (iii) is a nonprovider
setting.''. | Rural Emergency Acute Care Hospital Act This bill amends title XVIII (Medicare) of the Social Security Act to designate as a rural emergency hospital any facility that as of December 31, 2014, was: a critical access hospital (CAH) or a hospital with at most 50 beds located in a county in a rural area or treated as located in a rural area, or one of such hospitals that ceased operations during the period beginning five years before enactment of this Act and ending on December 30, 2014. A rural emergency hospital: must provide 24-hour emergency medical care and observation care not exceeding an annual per patient average of 24 hours or more than 1 midnight, does not provide any acute care inpatient beds and has protocols in place for the timely transfer of patients who require acute care inpatient services or other inpatient services, has elected to be designated as a rural emergency hospital, has received approval to operate as one from the state, and is certified by the Department of Health and Human Services (HHS). Medicare part B (Supplementary Medical Insurance Benefits) shall cover rural emergency hospital emergency services as well as ambulance services provided by a rural emergency hospital or other provider to transport patients who require acute care inpatient services or other inpatient services from the rural emergency hospital to a hospital or a CAH. Payment for rural emergency hospital outpatient services of a rural emergency hospital, including telehealth and ambulance services, shall be 110% percent of their reasonable costs. Rural emergency hospitals must be approved by the state and certified by HHS. States shall have the option of waiving a specified distance requirement between a CAH certified as a rural emergency hospital and another facility located in the state that is seeking designation as a CAH. Primary health services which the National Health Service Corps may provide under the Public Health Service Act shall include emergency medicine provided by physicians in a rural emergency hospital. Hospitals with approved residency programs in emergency medicine shall include time spent by interns and residents in the emergency department of a rural hospital in the full-time equivalent count with respect to reimbursement for the indirect (stipend, fringe benefit) and direct (all or substantially all training) costs of medical education in subsection (d) hospitals. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.) | {"src": "billsum_train", "title": "Rural Emergency Acute Care Hospital Act"} | 3,306 | 518 | 0.494857 | 1.62333 | 0.710873 | 3.916667 | 6.269231 | 0.895299 |
SECTION 1. EXEMPTION FOR CERTAIN DISTRIBUTIONS OF SMALL BUSINESSES TO
EXTENT OF INCREASED WAGES.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting before section
140 the following new section:
``SEC. 139F. INCREASED-WAGE DISTRIBUTIONS OF SMALL BUSINESSES.
``(a) Application to Corporations.--
``(1) In general.--In the case of a distribution to an
individual from a corporation which is a small business
concern, gross income shall not include any increased-wage
exempt-dividend.
``(2) Increased-wage exempt-dividend.--For purposes of this
subsection--
``(A) In general.--The term `increased-wage exempt-
dividend' means any dividend properly designated as an
increased-wage exempt-dividend under subparagraph (B).
``(B) Designation.--A corporation which is a small
business concern may designate any dividend paid by
such corporation as an increased-wage exempt-dividend
to the extent that the aggregate amount of the
dividends so designated for any taxable year does not
exceed the wage increase amount for such taxable year.
``(b) Application to Partnerships.--
``(1) In general.--In the case of a distribution to an
individual from a partnership which is a small business
concern--
``(A) no gain shall be recognized on any increased-
wage partnership distribution, and
``(B) in the case of an increased-wage partnership
distribution with respect to which no gain is
recognized under section 731(a)(2), no reduction shall
be made to the adjusted basis to the partner of his
interest in the partnership under section 733(1).
``(2) Increased-wage partnership distribution.--For
purposes of this subsection--
``(A) In general.--The term `increased-wage
partnership distribution' means any cash distribution
from the partnership to a partner which is properly
designated as an increased-wage partnership
distribution under subparagraph (B).
``(B) Designation.--A partnership which is a small
business concern may designate any cash distribution as
an increased-wage partnership distribution to the
extent that the aggregate amount of the distributions
so designated for any taxable year does not exceed the
wage increase amount for such taxable year.
``(c) Wage Increase Amount.--For purposes of this section--
``(1) In general.--The term `wage increase amount' means,
with respect to any corporation or partnership for any taxable
year, the sum of--
``(A) the excess (if any) of--
``(i) the aggregate qualified wages paid or
incurred by the corporation or partnership for
such taxable year, over
``(ii) the aggregate qualified wages paid
or incurred by the corporation or partnership
for the preceding taxable year, plus
``(B) any increased-wage exempt-dividends or
increased-wage partnership distributions received by
such corporation or partnership during such taxable
year.
``(2) Qualified wages.--The term `qualified wages' has the
meaning which would be given such term by section 3121(a) if
paragraph (1) thereof were applied by treating the contribution
and benefit base as being equal to $50,000.
``(3) Aggregation rule.--All persons treated as a single
employer under subsection (a) or (b) of section 52 shall be
treated as one person for purposes of this subsection.
``(4) Treatment of predecessors.--Any reference in this
subsection to a corporation or partnership shall include a
reference to any predecessor of such corporation or
partnership.
``(d) Small Business Concern.--For purposes of this section, the
term `small business concern' has the meaning given such term by
section 3 of the Small Business Act.''.
(b) Conforming Amendments.--
(1) Section 1(h)(11)(B)(ii) of such Code is amended by
striking ``and'' at the end of subclause (II), by striking the
period at the end of subclause (III) and inserting ``, and'',
and by adding at the end the following new subclause:
``(IV) any increased-wage exempt-
dividend (as defined in section
139F).''.
(2) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting before the item
relating to section 140 the following new item:
``Sec. 139F. Increased-wage distributions.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012. | Amends the Internal Revenue Code to exclude from gross income increased-wage exempt-dividends distributed to an individual by a corporation or a partnership which is a small business concern (as defined by the Small Business Act). Defines "increased-wage exempt-dividends" as dividends paid by a small business concern that do not exceed the increase in wages paid by the small business concern over wages paid in the preceding taxable year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to make certain dividends and distributions paid to individuals from certain small businesses exempt from tax to the extent of the increased wages of the small business."} | 1,100 | 111 | 0.648793 | 1.472134 | 0.943609 | 2.719512 | 11.5 | 0.890244 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National African American Museum
Act''.
SEC. 2. FINDINGS.
(a) Findings.--The Congress finds that--
(1) the presentation and preservation of African American
life, art, history, and culture within the National Park System
and other Federal entities are inadequate;
(2) the inadequate presentation and preservation of African
American life, art, history, and culture seriously restrict the
ability of the people of the United States, particularly
African Americans, to understand themselves and their past;
(3) African American life, art, history, and culture
include the varied experiences of Africans in slavery and
freedom and the continued struggles for full recognition of
citizenship and treatment with human dignity;
(4) in enacting Public Law 99-511, the Congress encouraged
support for the establishment of a commemorative structure
within the National Park System, or on other Federal lands,
dedicated to the promotion of understanding, knowledge,
opportunity, and equality for all people;
(5) the establishment of a national museum and the
conducting of interpretive and educational programs, dedicated
to the heritage and culture of African Americans, will help to
inspire and educate the people of the United States regarding
the cultural legacy of African Americans and the contributions
made by African Americans to the society of the United States;
and
(6) the Smithsonian Institution operates 15 museums and
galleries, a zoological park, and 5 major research facilities,
none of which is a national institution devoted solely to
African American life, art, history, or culture.
SEC. 3. ESTABLISHMENT OF THE NATIONAL AFRICAN AMERICAN MUSEUM.
(a) Establishment.--There is established within the Smithsonian
Institution a Museum, which shall be known as the ``National African
American Museum''.
(b) Purpose.--The purpose of the Museum is to provide--
(1) a center for scholarship relating to African American
life, art, history, and culture;
(2) a location for permanent and temporary exhibits
documenting African American life, art, history, and culture;
(3) a location for the collection and study of artifacts
and documents relating to African American life, art, history,
and culture;
(4) a location for public education programs relating to
African American life, art, history, and culture; and
(5) a location for training of museum professionals and
others in the arts, humanities, and sciences regarding museum
practices related to African American life, art, history, and
culture.
SEC. 4. LOCATION AND CONSTRUCTION OF THE NATIONAL AFRICAN AMERICAN
MUSEUM.
The Board of Regents is authorized to plan, design, reconstruct,
and renovate the Arts and Industries Building of the Smithsonian
Institution to house the Museum.
SEC. 5. BOARD OF TRUSTEES OF MUSEUM.
(a) Establishment.--There is established in the Smithsonian
Institution the Board of Trustees of the National African American
Museum.
(b) Composition and Appointment.--The Board of Trustees shall be
composed of 23 members as follows:
(1) The Secretary of the Smithsonian Institution.
(2) An Assistant Secretary of the Smithsonian Institution,
designated by the Board of Regents.
(3) Twenty-one individuals of diverse disciplines and
geographical residence who are committed to the advancement of
knowledge of African American art, history, and culture
appointed by the Board of Regents, of whom 9 members shall be
from among individuals nominated by African American museums,
historically black colleges and universities, and cultural or
other organizations.
(c) Terms.--
(1) In general.--Except as provided in paragraph (2),
members of the Board of Trustees shall be appointed for terms
of 3 years. Members of the Board of Trustees may be
reappointed.
(2) Staggered terms.--As designated by the Board of Regents
at the time of initial appointments under paragraph (3) of
subsection (b), the terms of 7 members shall expire at the end
of 1 year, the terms of 7 members shall expire at the end of 2
years, and the terms of 7 members shall expire at the end of 3
years.
(d) Vacancies.--A vacancy on the Board of Trustees shall not affect
its powers and shall be filled in the manner in which the original
appointment was made. Any member appointed to fill a vacancy occurring
before the expiration of the term for which the predecessor of the
member was appointed shall be appointed for the remainder of the term.
(e) Noncompensation.--Except as provided in subsection (f), members
of the Board of Trustees shall serve without pay.
(f) Expenses.--Members of the Board of Trustees shall receive per
diem, travel, and transportation expenses for each day, including
traveltime, during which they are engaged in the performance of the
duties of the Board of Trustees in accordance with section 5703 of
title 5, United States Code, with respect to employees serving
intermittently in the Government service.
(g) Chairperson.--The Board of Trustees shall elect a chairperson
by a majority vote of the members of the Board of Trustees.
(h) Meetings.--The Board of Trustees shall meet at the call of the
chairperson or upon the written request of a majority of its members,
but shall meet not less than 2 times each year.
(i) Quorum.--A majority of the Board of Trustees shall constitute a
quorum for purposes of conducting business, but a lesser number may
receive information on behalf of the Board of Trustees.
(j) Voluntary Services.--Notwithstanding section 1342 of title 31,
United States Code, the chairperson of the Board of Trustees may accept
for the Board of Trustees voluntary services provided by a member of
the Board of Trustees.
SEC. 6. DUTIES OF THE BOARD OF TRUSTEES OF THE MUSEUM.
(a) In General.--The Board of Trustees shall--
(1) recommend annual budgets for the Museum;
(2) consistent with the general policy established by the
Board of Regents, have the sole authority to--
(A) loan, exchange, sell, or otherwise dispose of
any part of the collections of the Museum, but only if
the funds generated by such disposition are used for
additions to the collections of the Museum or for
additions to the endowment of the Museum;
(B) subject to the availability of funds and the
provisions of annual budgets of the Museum, purchase,
accept, borrow, or otherwise acquire artifacts and
other property for addition to the collections of the
Museum;
(C) establish policy with respect to the
utilization of the collections of the Museum; and
(D) establish policy regarding programming,
education, exhibitions, and research, with respect to
the life and culture of African Americans, the role of
African Americans in the history of the United States,
and the contributions of African Americans to society;
(3) consistent with the general policy established by the
Board of Regents, have authority to--
(A) provide for restoration, preservation, and
maintenance of the collections of the Museum;
(B) solicit funds for the Museum and determine the
purposes to which those funds shall be used;
(C) approve expenditures from the endowment of the
Museum, or of income generated from the endowment, for
any purpose of the Museum; and
(D) consult with, advise, and support the Director
in the operation of the Museum;
(4) establish programs in cooperation with other African
American museums, historically black colleges and universities,
historical societies, educational institutions, cultural and
other organizations for the education and promotion of
understanding regarding African American life, art, history,
and culture;
(5) support the efforts of other African American museums,
historically black colleges and universities, and cultural and
other organizations to educate and promote understanding
regarding African American life, art, history, and culture,
including--
(A) development of cooperative programs and
exhibitions;
(B) identification, management, and care of
collections;
(C) participation in the training of museum
professionals; and
(D) creating opportunities for--
(i) research fellowships; and
(ii) professional and student internships;
(6) adopt bylaws to carry out the functions of the Board of
Trustees; and
(7) report annually to the Board of Regents on the
acquisition, disposition, and display of African American
objects and artifacts and on other appropriate matters.
SEC. 7. DIRECTOR AND STAFF.
(a) In General.--The Secretary of the Smithsonian Institution, in
consultation with the Board of Trustees, shall appoint a Director who
shall manage the Museum.
(b) Applicability of Certain Civil Service Laws.--The Secretary of
the Smithsonian Institution may--
(1) appoint the Director and 5 employees of the Museum,
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service; and
(2) fix the pay of the Director and such 5 employees,
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.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) The term ``Board of Regents'' means the Board of
Regents of the Smithsonian Institution.
(2) The term ``Board of Trustees'' means the Board of
Trustees of the National African American Museum established in
section 5(a).
(3) The term ``Museum'' means the National African American
Museum established under section 3(a).
(4) The term ``Arts and Industries Building'' means the
building located on the Mall at 900 Jefferson Drive, S.W. in
Washington, the District of Columbia.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
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-a-p-p-r-o-p-r-i-a-t-e-d -t-o -c-a-r-r-y -o-u-t -t-h-i-s -A-c-t
-$-5-,-0-0-0-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d
-s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -e-a-c-h
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-A-m-o-u-n-t-s -a-p-p-r-o-p-r-i-a-t-e-d -p-u-r-s-u-a-n-t -t-o -t-h-i-s
-s-e-c-t-i-o-n -s-h-a-l-l -b-e -a-v-a-i-l-a-b-l-e -o-n-l-y -f-o-r
-c-o-s-t-s -d-i-r-e-c-t-l-y -r-e-l-a-t-i-n-g -t-o -t-h-e
-e-s-t-a-b-l-i-s-h-m-e-n-t -a-n-d -o-p-e-r-a-t-i-o-n -o-f -t-h-e
-M-u-s-e-u-m-.
There are authorized to be appropriated such sums as may be
necessary only for costs directly relating to the operation and
maintenance of the Museum.
Passed the House of Representatives June 29 (legislative
day, June 28), 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | National African American Museum Act - Establishes within the Smithsonian Institution the National African American Museum (the Museum) to be operated as a center for scholarship and a location for museum training, public education, exhibits, and collection and study of items and materials relating to the life, art, history, and culture of African Americans.
Authorizes the Board of Regents of the Smithsonian Institution to plan, design, reconstruct, and renovate the Arts and Industries Building to house the Museum.
Establishes a Board of Trustees of the Museum in the Smithsonian Institution. Sets forth various duties of the Board of Trustees, including: (1) establishing and supporting cooperative programs with other museums and institutions; and (2) reporting annually to the Board of Regents.
Directs the Secretary of the Smithsonian Institution to appoint a Director to manage the Museum (as well as appointing five other Museum employees).
Authorizes appropriations only for costs directly relating to the operation and maintenance of the Museum. | {"src": "billsum_train", "title": "National African American Museum Act"} | 2,777 | 227 | 0.615723 | 1.659005 | 0.8094 | 3.668421 | 13.405263 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honoring Emergency Response Officers
Benefits Reform Act of 2016'' or the ``HERO Benefits Reform Act of
2016''.
SEC. 2. PRESUMPTION THAT OFFICER ACTED PROPERLY.
Section 1202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796a) is amended--
(1) by striking ``No benefit'' and inserting the following:
``(a) In General.--No benefit''; and
(2) by adding at the end the following:
``(b) Presumption.--In determining whether a benefit is payable
under this part, the Bureau shall--
``(1) presume that none of the limitations under subsection
(a) apply; and
``(2) have the burden of establishing by clear and
convincing evidence that a limitation under subsection (a)
applies.''.
SEC. 3. BACKLOG OF CLAIMS.
Subpart 1 of part L of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended by adding at the
end the following:
``SEC. 1206. APPEALS.
``(a) Standard of Review.--Notwithstanding section 706 of title 5,
United States Code, or any other provision of law, in any appeal of a
determination of the Bureau to deny a claim under this part, including
an appeal to a hearing officer of the Bureau, to the Director, or to a
court of the United States, the reviewing official or court shall
review the determination de novo.
``(b) Exception to Administrative Exhaustion Requirement.--
``(1) In general.--Notwithstanding section 704 of title 5,
United States Code, or any other provision of law, an
individual who files a claim for benefits under this part with
the Bureau may file a subsequent claim with the United States
Court of Federal Claims seeking an award of benefits under this
part despite an absence of final agency action with respect to
the original claim filed with the Bureau if--
``(A) the Bureau does not make a determination with
respect to the original claim within 1 year of the date
on which the claim was filed with the Bureau;
``(B)(i) the Bureau denies the original claim
within 1 year of the date on which the claim was filed
with the Bureau;
``(ii) the individual appeals the denial under
clause (i) to a hearing officer; and
``(iii) the hearing officer does not make a
determination with respect to the original claim within
180 days of the date on which the appeal was filed
under clause (ii); or
``(C)(i) the Bureau denies the original claim
within 1 year of the date on which the claim was filed
with the Bureau;
``(ii) the individual appeals the denial under
clause (i) to a hearing officer;
``(iii) the hearing officer denies the original
claim within 180 days of the date on which the appeal
was filed under clause (ii);
``(iv) the individual appeals the denial under
clause (iii) to the Director; and
``(v) the Director does not make a determination
with respect to the original claim within 180 days of
the date on which the appeal was filed under clause
(iv).
``(2) Standard of review.--The United States Court of
Federal Claims shall review a claim filed under paragraph (1)
without regard to any determination made by the Bureau,
including a hearing officer of the Bureau, with respect to the
original claim filed with the Bureau.
``(3) Determination of whether original claim is
complete.--For purposes of determining whether an individual is
eligible to file a claim under paragraph (1), the United States
Court of Federal Claims shall determine the date on which the
original claim was filed with the Bureau without regard to
whether the Bureau has deemed the application that forms the
basis of the original claim to be incomplete and thus not
constitute an official claim.''.
SEC. 4. TRANSPARENCY.
Subpart 1 of part L of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796a), as amended by section 3, is
amended by adding at the end the following:
``SEC. 1207. ANNUAL REPORT.
``Not later than 60 days after the last day of each fiscal year,
the Bureau shall submit to Congress and publish publically on the
website of the Bureau a report that includes--
``(1) the number of claims filed under this part during the
fiscal year, broken down by--
``(A) the type of benefit sought, meaning death,
disability, educational benefit, and any combination
thereof; and
``(B) the type of public safety officer to which
each claim pertains;
``(2) the number of claims filed that were granted during
the fiscal year;
``(3) the number of claims filed that were denied during
the fiscal year, broken down by the reason for denial; and
``(4) the number of claims filed as of the last day of the
fiscal year, broken down by--
``(A) the date on which each claim was filed; and
``(B) the reason why the Bureau has been unable to
render a decision.
The Attorney General shall make such report publically
available over the Internet.''.
SEC. 5. EXTENDING PUBLIC SAFETY OFFICER DEATH BENEFITS TO FIRE POLICE
AND FIRE INVESTIGATORS.
(a) In General.--Section 1204 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended--
(1) by redesignating paragraphs (5) through (9) as
paragraphs (7) through (11), respectively;
(2) in paragraph (11)(A), as so redesignated, by inserting
``as a fire police officer, fire investigator'' after
``firefighter,''; and
(3) by inserting after paragraph (4) the following:
``(5) `fire police officer' includes an individual who--
``(A) is serving in accordance with State or local
law as an officially recognized or designated member of
a legally organized public safety agency;
``(B) is not a law enforcement officer, a
firefighter, a chaplain, or a member of a rescue squad
or ambulance crew described in paragraph (10)(A); and
``(C) is officially authorized to provide scene
security or direct traffic--
``(i) in response to any fire drill, fire
call, or other fire, rescue, or police
emergency; or
``(ii) at a planned special event;
``(6) `fire investigator' includes any individual who--
``(A) is serving in accordance with State or local
law as an officially recognized or designated member of
a legally organized public safety agency; and
``(B) is officially authorized to conduct,
coordinate and complete fire and explosion
investigations;''.
(b) Technical and Conforming Amendment.--Section 611(a) of the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001 (42 U.S.C.
3796c-1(a)) is amended--
(1) by striking ``section 1204(7)(B)'' and inserting
``section 1204(8)(B)''; and
(2) by striking ``(42 U.S.C. 3796b(7)(B))'' and inserting
``(42 U.S.C. 3796b(8)(B))''. | Honoring Emergency Response Officers Benefits Reform Act of 2016 or the HERO Benefits Reform Act of 2016 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish, with respect to a public safety officer's death benefits, a rebuttable presumption that: (1) the officer acted properly at the time of injury or death, and (2) specified limitations on the officer's benefits do not apply. The bill also extends such benefits to fire police officers and fire investigators. In addition, with respect to an appeal of a determination to deny such benefits, the bill: (1) specifies that the standard of review shall be de novo (without deference to the determination), and (2) establishes certain exceptions to administrative exhaustion limitations. | {"src": "billsum_train", "title": "HERO Benefits Reform Act of 2016"} | 1,726 | 176 | 0.560402 | 1.697816 | 0.718468 | 2.388889 | 10.951389 | 0.861111 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Putting Our
Veterans Back to Work Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RENEWING OUR VOW TO HIRE HEROES
Sec. 101. Reauthorization of veterans retraining assistance program.
Sec. 102. Extension of authority of Secretary of Veterans Affairs to
provide rehabilitation and vocational
benefits to members of Armed Forces with
severe injuries or illnesses.
Sec. 103. Extension of additional rehabilitation programs for persons
who have exhausted rights to unemployment
benefits under State law.
Sec. 104. Reauthorization of collaborative veterans' training,
mentoring, and placement program.
TITLE II--BUILDING ON OUR VOW TO HIRE HEROES
Sec. 201. Unified employment portal for veterans.
Sec. 202. Grants to hire veterans as first responders.
Sec. 203. Employment of veterans as evaluation factor in the awarding
of Federal contracts.
TITLE I--RENEWING OUR VOW TO HIRE HEROES
SEC. 101. REAUTHORIZATION OF VETERANS RETRAINING ASSISTANCE PROGRAM.
(a) Extension.--Subsection (k) of section 211 of the VOW to Hire
Heroes Act of 2011 (Public Law 112-56; 38 U.S.C. 4100 note) is amended
by striking ``March 31, 2014'' and inserting ``December 31, 2020''.
(b) Number of Eligible Veterans.--Subsection (a)(2) of such section
is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(C) 50,000 during fiscal year 2017;
``(D) 50,000 during fiscal year 2018;
``(E) 50,000 during fiscal year 2019; and
``(F) 50,000 during the period beginning October 1,
2019, and ending December 31, 2020.''.
(c) Clarification of Limitation on Aggregate Amount of
Assistance.--Subsection (b) of such section is amended by striking ``up
to 12 months of retraining assistance provided by the Secretary of
Veterans Affairs'' and inserting ``an aggregate of not more than 12
months of retraining assistance provided by the Secretary of Veterans
Affairs under this section''.
(d) Updated Report.--Subsection (i) of such section is amended by
adding at the end the following new paragraph:
``(3) Update.--Not later than December 31, 2021, the
Secretary of Veterans Affairs, in collaboration with the
Secretary of Labor, shall submit to the appropriate committees
of Congress an update to the report described in paragraph
(1).''.
(e) Conforming Amendment.--Subsection (e)(1)(G) of such section is
amended by striking ``by not later than October 1, 2013,''.
SEC. 102. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO
PROVIDE REHABILITATION AND VOCATIONAL BENEFITS TO MEMBERS
OF ARMED FORCES WITH SEVERE INJURIES OR ILLNESSES.
(a) In General.--Section 1631(b)(2) of the Wounded Warrior Act
(title XVI of Public Law 110-181; 10 U.S.C. 1071 note) is amended by
striking ``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the appropriate committees of Congress a report
on the benefits provided by the Secretary under section 1631(b)
of such Act.
(2) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
SEC. 103. EXTENSION OF ADDITIONAL REHABILITATION PROGRAMS FOR PERSONS
WHO HAVE EXHAUSTED RIGHTS TO UNEMPLOYMENT BENEFITS UNDER
STATE LAW.
Section 3102(b)(4) of title 38, United States Code, is amended by
striking ``March 31, 2014'' and inserting ``March 31, 2020''.
SEC. 104. REAUTHORIZATION OF COLLABORATIVE VETERANS' TRAINING,
MENTORING, AND PLACEMENT PROGRAM.
Subsection (e) of section 4104A of title 38, United States Code, is
amended to read as follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section amounts as follows:
``(1) $4,500,000 for the period consisting of fiscal years
2018 and 2019.
``(2) $4,500,000 for the period consisting of fiscal years
2020 and 2021.''.
TITLE II--BUILDING ON OUR VOW TO HIRE HEROES
SEC. 201. UNIFIED EMPLOYMENT PORTAL FOR VETERANS.
Section 4105 of title 38, United States Code, is amended by adding
at the end the following:
``(c)(1) The Secretary shall develop a single, unified Federal web-
based employment portal, for use by veterans, containing information
regarding all Federal programs and activities concerning employment,
unemployment, and training to the extent the programs and activities
affect veterans.
``(2) The Secretary shall work with representatives from the
Department of Defense, the Department of Veterans Affairs, the Small
Business Administration, and other Federal agencies and organizations
concerned with veterans' issues, to determine an appropriate platform
and implementing agency for the portal. The Secretary shall enter into
an agreement with the other Federal agencies for the implementation of
the portal.''.
SEC. 202. GRANTS TO HIRE VETERANS AS FIRST RESPONDERS.
(a) Grants for Firefighters.--The Secretary of Homeland Security
shall award grants under section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a) to hire veterans as firefighters.
(b) Grants for Law Enforcement Officers.--The Attorney General
shall award grants under part Q of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) to hire
veterans as law enforcement officers.
(c) Priority.--In awarding grants under this section to hire
veterans, the Secretary of Homeland Security and the Attorney General
shall give priority to the hiring of veterans who served on active duty
in the Armed Forces on or after September 11, 2001.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000,000.
SEC. 203. EMPLOYMENT OF VETERANS AS EVALUATION FACTOR IN THE AWARDING
OF FEDERAL CONTRACTS.
(a) Civilian Contracts.--
(1) In general.--Chapter 33 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3313. Employment of veterans as evaluation factor
``The head of each executive agency shall consider favorably as an
evaluation factor in solicitations for contracts and task or delivery
order valued at or above $25,000,000 the employment by a prospective
contractor of veterans constituting at least 5 percent of the
contractor's workforce.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 3312 the following new item:
``3313. Employment of veterans as evaluation factor.''.
(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2338. Employment of veterans as evaluation factor
``The head of each agency shall consider favorably as an evaluation
factor in solicitations for contracts and task or delivery order valued
at or above $25,000,000 the employment by a prospective contractor of
veterans constituting at least five percent of the contractor's
workforce.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 2337 the following new item:
``2338. Employment of veterans as evaluation factor.''.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council shall
amend the Federal Acquisition Regulation to carry out the provisions of
section 3313 of title 41, United States Code, and section 2338 of title
10, United States Code, as added by subsections (a) and (b),
respectively. | Putting Our Veterans Back to Work Act of 2017 This bill amends the: (1) VOW to Hire Heroes Act of 2011 to extend through 2020 the veterans retraining assistance program, and (2) Wounded Warrior Act to extend through 2020 the authority of the Department of Veterans Affairs (VA) to provide the same rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses as are provided to veterans. The bill extends through: (1) March 31, 2020, additional VA rehabilitation programs for certain disabled veterans who have completed a VA rehabilitation program and have exhausted their rights to state unemployment benefits; and (2) FY2021 the collaborative veterans' training, mentoring, and placement program. The VA shall develop a single, unified federal web-based employment portal for veterans to access information on federal programs and activities concerning veterans employment, unemployment, and training. The bill directs the: (1) Department of Homeland Security to award grants to hire veterans as firefighters, and (2) Department of Justice to award grants to hire veterans as law enforcement officers. The head of each executive and defense agency shall consider favorably, as an evaluation factor in federal solicitations for civilian or defense contracts and task or delivery orders valued at or above $25 million, the employment by a prospective contractor of veterans constituting at least 5% of the contractor's workforce. | {"src": "billsum_train", "title": "Putting Our Veterans Back to Work Act of 2017"} | 2,090 | 273 | 0.642319 | 1.86771 | 0.833736 | 3.040892 | 6.475836 | 0.877323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Friends of the Children National
Demonstration Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the single most important protective factor in a
child's life is a long-term relationship with a supportive,
caring adult;
(2) while the most disadvantaged children can be accurately
identified as early as age 5, very few long-term intervention
programs are initiated at this age;
(3) no Federal competitive grant or contract program exists
to fund innovative programs matching the most disadvantaged
children beginning at age 5 with ``professional mentors'' for
10 years or more;
(4) privately-funded programs matching ``professional
mentors'' with the most disadvantaged children beginning at an
early age for the child and lasting for 10 years or more, show
great promise in benefitting the most disadvantaged children
and youth; and
(5) violent juvenile crime is a national problem, and the
most disadvantaged children and youth need support specifically
targeted to help them from becoming involved in, or a victim
of, violent juvenile crime.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To establish a national demonstration project to
promote learning about successful early and sustained childhood
interventions, with programs carried out by Friends of the
Children local chapters, by employing and measuring an
effective approach for improving the lives and future prospects
of the most disadvantaged children and youth.
(2) To demonstrate an effective early intervention program
that serves the most disadvantaged children and youth through
private/public partnerships to prevent the need for costly
incarceration, rehabilitation, and treatment at a later date.
(3) To document best practices for conducting a successful
early intervention for the most disadvantaged children and
youth, based on the results of Friends of the Children local
chapters.
(4) To produce lessons and data from the operating
experiences of those Friends of the Children local chapters
that will provide information to improve policy in the public
and private sectors.
SEC. 4. ESTABLISHMENT OF DEMONSTRATION PROJECT.
(a) In General.--From amounts made available to carry out this Act,
the Attorney General shall carry out a demonstration project under
which the Attorney General makes a grant to Friends of the Children,
National Office, to be subgranted by such office to Friends of the
Children local chapters to pay for the Federal share of the cost of
carrying out early intervention programs under this Act.
(b) Eligible Local Chapters.--Friends of the Children local
chapters serving the following cities are eligible to participate in
the demonstration project:
(1) Chester, Pennsylvania.
(2) Cincinnati, Ohio.
(3) Eugene, Oregon.
(4) Klamath Falls, Oregon.
(5) New York, New York.
(6) Portland, Oregon.
(7) Salem, Oregon.
(8) San Francisco, California.
(9) Seattle, Washington.
(10) Wilmington, Delaware.
(11) Boston, Massachusetts.
(c) Federal Share.--
(1) In general.--The Federal share of the cost referred to
in subsection (a) may not exceed 75 percent.
(2) Non-federal share.--The non-Federal share of such cost
may be provided in cash or in-kind.
SEC. 5. ELIGIBILITY.
(a) In General.--To be eligible to receive a subgrant under this
Act, a Friends of the Children local chapter serving a city referred to
in section 4(b) shall submit an application to Friends of the Children,
National Office, at such time, in such manner, and containing such
information as Friends of the Children, National Office may require.
(b) Selection Criteria.--In making subgrants under this Act,
Friends of the Children, National Office, shall consider the ability of
the Friends of the Children local chapter--
(1) to implement an early intervention program for the most
disadvantaged children and youth;
(2) to identify and target the most disadvantaged children
and youth through a three-tiered process of identifying the
children including--
(A) several weeks of classroom (either kindergarten
or first grade) observation;
(B) assessment forms completed by the classroom
teachers and other relevant school staff; and
(C) a closed session with elementary school
teachers, family, counselors, and administrators; and
(3) to participate in an evidence-based evaluation of the
early intervention program for the most disadvantaged children
and youth.
SEC. 6. USES OF FUNDS.
(a) Programs.--
(1) Core features.--A Friends of the Children local chapter
that receives a subgrant under this Act shall use some or all
of the subgrant amounts to carry out an early intervention
program with the following core features:
(A) Target group.--The program shall target
children between the ages of 5 and 7 years old for
initial enrollment who--
(i) are at most risk of--
(I) abuse and neglect;
(II) school failure;
(III) juvenile delinquency and gang
and drug involvement; and
(IV) teen pregnancy; and
(ii) are unlikely to develop any form of
resiliency without intensive, long-term
intervention; and
(iii) as adults, are likely to have
problems with mental illness, substance abuse,
and the criminal justice system.
(B) Professional mentors.--The program shall make
significant use of professional adult role models to
serve no more than eight children through one-on-one
relationships on a weekly basis for approximately 12
years.
(C) Long-term involvement.--Professional mentors
will engage each child one-on-one on a weekly basis for
approximately 12 years
(2) Permissible services.--The Friends of the Children
local chapter may use some of the subgrant amounts to secure
training and technical assistance from the Friends of the
Children National Office to build its infrastructure to improve
its capacity to service youth.
(b) Evaluation and Related Activities.--Friends of the Children
National Office shall use grant amounts under this Act to--
(1) prepare and implement an evaluation design for
evaluating the Friends of the Children local chapters that
receive subgrants under this Act;
(2) conduct annual evaluations of the performance and
progress of the early intervention programs under this Act;
(3) provide training and technical assistance to the
Friends of the Children local chapters, based on such annual
evaluations;
(4) prepare and submit to the Attorney General a report
that describes the activities of such programs and the results
of such evaluations; and
(5) disseminate information and results generated from the
operation of the demonstration project and the resulting
evaluation with policy makers in the public and private
sectors.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General to
carry out this Act $7,500,000 for each of the fiscal years 2005 through
2009. | Friends of the Children National Demonstration Act - Directs the Attorney General to establish a national demonstration project regarding early and sustained intervention programs for disadvantaged children and youth, through a project grant to Friends of the Children, National Office, which shall make subgrants to its local chapters in specified cities. | {"src": "billsum_train", "title": "A bill to establish a national demonstration project to improve intervention programs for the most disadvantaged children and youth, and for other purposes."} | 1,466 | 68 | 0.557577 | 1.520116 | 1.039435 | 3.272727 | 26.145455 | 0.945455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legal Timber Protection Act''.
SEC. 2. PREVENTION OF ILLEGAL LOGGING PRACTICES.
(a) In General.--The Lacey Act Amendments of 1981 are amended--
(1) in section 2 (16 U.S.C. 3371)--
(A) by striking subsection (f) and inserting the
following:
``(f) Plant.--
``(1) In general.--The term `plant' means any wild member
of the plant kingdom, including roots, seeds, parts, and
products thereof.
``(2) Exclusions.--The term `plant' excludes any common
food crop or cultivar that is a species not listed--
``(A) in the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (27 UST
1087; TIAS 8249); or
``(B) as an endangered or threatened species under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).'';
(B) in subsection (h), by inserting ``also'' after
``plants the term''; and
(C) by striking subsection (j) and inserting the
following:
``(j) Take.--The term `take' means--
``(1) to capture, kill, or collect; and
``(2) with respect to a plant, also to harvest, cut, log,
or remove.'';
(2) in section 3 (16 U.S.C. 3372)--
(A) in subsection (a)--
(i) in paragraph (2), by striking
subparagraph (B) and inserting the following:
``(B) any plant--
``(i) taken, transported, possessed, or
sold in violation of any law or regulation of
any State, or any foreign law, that protects
plants or that regulates--
``(I) the theft of plants;
``(II) the taking of plants from a
park, forest reserve, or other
officially protected area;
``(III) the taking of plants from
an officially designated area; or
``(IV) the taking of plants
without, or contrary to, required
authorization;
``(ii) taken, transported, or exported
without the payment of appropriate royalties,
taxes, or stumpage fees required for such plant
by any law or regulation of any State or by any
foreign law; or
``(iii) exported or transshipped in
violation of any limitation under any law or
regulation of any State or under any foreign
law; or''; and
(ii) in paragraph (3), by striking
subparagraph (B) and inserting the following:
``(B) to possess any plant--
``(i) taken, transported, possessed, or
sold in violation of any law or regulation of
any State, or any foreign law, that protects
plants or that regulates--
``(I) the theft of plants;
``(II) the taking of plants from a
park, forest reserve, or other
officially protected area;
``(III) the taking of plants from
an officially designated area; or
``(IV) the taking of plants
without, or contrary to, required
authorization;
``(ii) taken, transported, or exported
without the payment of appropriate royalties,
taxes, or stumpage fees required for such plant
by any law or regulation of any State or by any
foreign law; or
``(iii) exported or transshipped in
violation of any limitation under any law or
regulation of any State or under any foreign
law; or''; and
(B) by adding at the end the following:
``(f) Plant Declarations.--
``(1) In general.--Effective 180 days from the date of
enactment of this subsection and except as provided in
paragraph (3), it shall be unlawful for any person to import
any plant unless the person files upon importation where
clearance is requested a declaration that contains--
``(A) the scientific name of any plant (including
the genus and species of the plant) contained in the
importation;
``(B) a description of--
``(i) the value of the importation; and
``(ii) the quantity, including the unit of
measure, of the plant; and
``(C) the name of the country from which the plant
was taken.
``(2) Declaration relating to plant products.--Until the
date on which the Secretary promulgates a regulation under
paragraph (6), a declaration relating to a plant product
shall--
``(A) in the case in which the species of plant
used to produce the plant product that is the subject
of the importation varies, and the species used to
produce the plant product is unknown, contain the name
of each species of plant that may have been used to
produce the plant product; and
``(B) in the case in which the species of plant
used to produce the plant product that is the subject
of the importation is commonly taken from more than 1
country, and the country from which the plant was taken
and used to produce the plant product is unknown,
contain the name of each country from which the plant
may have been taken.
``(3) Exclusions.--Paragraphs (1) and (2) shall not apply
to plants used exclusively as packaging material to support,
protect, or carry another item, unless the packaging material
itself is the item being imported.
``(4) Review.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall review the
implementation of each requirement described in paragraphs (1)
and (2) and the effect of the exclusions in paragraph (3).
``(5) Report.--
``(A) In general.--Not later than 180 days after
the date on which the Secretary completes the review
under paragraph (4), the Secretary shall submit to the
appropriate committees of Congress a report
containing--
``(i) an evaluation of--
``(I) the effectiveness of each
type of information required under
paragraphs (1) and (2) in assisting
enforcement of section 3; and
``(II) the potential to harmonize
each requirement described in
paragraphs (1) and (2) with other
applicable import regulations in
existence as of the date of the report;
``(ii) recommendations for such legislation
as the Secretary determines to be appropriate
to assist in the identification of plants that
are imported into the United States in
violation of section 3; and
``(iii) an analysis of the effect of the
provisions of subsection (a) and (f) on--
``(I) the cost of legal plant
imports; and
``(II) the extent and methodology
of illegal logging practices and
trafficking.
``(B) Public participation.--In conducting the
review under paragraph (3), the Secretary shall provide
public notice and an opportunity for comment.
``(6) Promulgation of regulations.--Not later than 180 days
after the date on which the Secretary completes the review
under paragraph (4), the Secretary may promulgate regulations--
``(A) to limit the applicability of any requirement
described in paragraph (2) to specific plant products;
``(B) to make any other necessary modification to
any requirement described in paragraph (2), as
determined by the Secretary based on the review under
paragraph (4); and
``(C) to limit the scope of exclusion in paragraph
(3) if warranted as a result of the review under
paragraph (4).'';
(3) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking
``section 4'' and inserting ``section 3(f), section 4,'';
(4) in section 4 (16 U.S.C. 3373)--
(A) by striking ``subsections (b) and (d)'' each
place it appears and inserting ``subsections (b), (d),
and (f)'';
(B) by inserting ``or section 3(f)'' after
``section 3(d)'' each place it appears; and
(C) in subsection (a)(2), by inserting ``or who
violates subsection 3(f) other than as provided in
paragraph (1)'' after ``subsection 3(b)''; and
(5) by adding at the end of section 5 (16 U.S.C. 3374) the
following:
``(d) Civil Forfeitures.--Civil forfeitures under this section
shall be governed by the provisions of chapter 46 of title 18, United
States Code.''.
(b) Technical Correction.--
(1) Correction.--Section 102(c) of Public Law 100-653 is
amended--
(A) by inserting ``of the Lacey Act Amendments of
1981'' after ``Section 4''; and
(B) by striking ``(other than section 3(b))'' and
inserting ``(other than subsection 3(b))''.
(2) Effective date.--Paragraph (1) shall be effective
immediately upon the effectiveness of section 102(c) of Public
Law 100-653. | Legal Timber Protection Act - Amends the Lacey Act Amendments of 1981 to redefine "plant" to mean any wild member of the plant kingdom, including roots, seeds, parts, and products thereof, excluding any common food crop or cultivar that is a species not listed in the Convention on International Trade in Endangered Species of Wild Fauna and Flora or an endangered or threatened species under the Endangered Species Act of 1973. Redefines "take" under such Act to include the harvesting, cutting, logging, or removing of a plant.
Restates and modifies prohibitions under such Act against the sale or possession of plants in violation of state or foreign laws enacted to protect such plants.
Requires the Secretary of Agriculture to allow public participation in the review of the implementation of plant declaration requirements. | {"src": "billsum_train", "title": "To amend the Lacey Act Amendments of 1981 to extend its protections to plants illegally harvested outside of the United States, and for other purposes."} | 2,047 | 184 | 0.586588 | 1.543523 | 0.795887 | 3.753333 | 12.96 | 0.82 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Fuels Standard Act of 2011''.
SEC. 2. OPEN FUELS STANDARD.
(a) In General.--Chapter 329 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 32920. Open fuels standard
``(a) Definitions.--In this section:
``(1) Advanced alternative fuel blend.--The term `advanced
alternative fuel blend' means--
``(A) a mixture containing--
``(i) at least 85 percent denatured
ethanol, by volume, or a lower percentage
prescribed by the Secretary pursuant to section
32901(b); and
``(ii) gasoline or drop-in fuel;
``(B) a mixture containing--
``(i) at least 70 percent methanol, by
volume; and
``(ii) gasoline or drop-in fuel; and
``(C) any other mixture of alcohols or liquid fuels
certified by the Secretary pursuant to subsection
(b)(2).
``(2) Annual covered inventory.--The term `annual covered
inventory' means the number of automobiles (as defined in
section 32901(a)(3)) that a manufacturer, during a given
calendar year, manufactures in the United States or imports
from outside of the United States, for sale in the United
States.
``(3) Fuel choice-enabling vehicle.--The term `fuel choice-
enabling vehicle' means a automobile warranted by its
manufacturer--
``(A)(i) absent certification authorizing the use
of an advanced alternative fuel blend under subsection
(b)(2), to operate on a mixture containing--
``(I) at least 85 percent denatured
ethanol, by volume, or a lower
percentage prescribed by the Secretary
pursuant to section 32901(b); and
``(II) gasoline or drop-in fuel;
and
``(ii) after certification under subsection
(b)(2), to operate on an advanced alternative
fuel blend; or
``(B) to operate on--
``(i) natural gas;
``(ii) hydrogen;
``(iii) electricity;
``(iv) a hybrid electric engine;
``(v) a mixture of biodiesel and diesel
fuel meeting the standard established by the
American Society for Testing and Materials or
under section 211(u) of the Clean Air Act (42
U.S.C. 7545(u)) for fuel containing 5 percent
biodiesel; or
``(vi) any other fuel or means of powering
covered automobiles prescribed by the
Secretary, by regulation, that contains not
more than 10 percent petroleum, by volume.
``(b) Open Fuels Standard.--
``(1) In general.--Each automobile manufacturer's annual
covered inventory shall be comprised of--
``(A) not less than 50 percent fuel choice-enabling
vehicles in model years 2015, 2016, and 2017; and
``(B) not less than 80 percent fuel choice-enabling
vehicles in model year 2018 and each subsequent model
year.
``(2) Certifications.--Not later than 2 years after the
date of the enactment of the Open Fuels Standard Act of 2011,
the Secretary of Transportation, in consultation with the
Administrator of the Environmental Protection Agency, shall
certify--
``(A) the use of advanced alternative fuel blends
in fuel choice-enabling vehicles unless the Secretary
determines that such certification--
``(i) is not technologically feasible;
``(ii) would result in burdensome consumer
costs;
``(iii) negatively impacts automobile
safety;
``(iv) negatively impacts air quality;
``(v) would not increase the use of
domestic feedstock sources; or
``(vi) is unlikely to enable reductions in
foreign oil imports;
``(B) the type and blend of advanced alternative
fuel blend that can be utilized by specific automobiles
in use on such date of enactment; and
``(C) the type and blend of advanced alternative
fuel blend that can be utilized by new and existing
components of the Nation's transportation fueling
infrastructure for fuel choice-enabled vehicles.
``(3) Small manufacturer exemption.--At the request of a
manufacturer, the Secretary of Transportation shall exempt the
manufacturer from the requirement described in paragraph (1) if
the manufacturer's annual covered inventory is fewer than
10,000.
``(4) Credit trading among manufacturers.--
``(A) In general.--The Secretary may establish, by
regulation, an open fuels standard credit trading
program to allow manufacturers whose annual covered
inventory exceeds the requirement described in
paragraph (1) to earn credits, which may be sold to
manufacturers that are unable to achieve such
requirement.
``(B) Dual fuel credit.--Beginning in model year
2018, any automobile used to qualify for the open fuels
standard under this subsection cannot be used to
receive the dual fuel credit under section 32903.
``(c) Fuel Choice Comparison Tool.--The Secretary of
Transportation, in consultation with the Secretary of Energy, the
Secretary of Agriculture, the Administrator of the Environmental
Protection Agency, and the Federal Trade Commission, shall--
``(1) develop a model label for pumps in the United States
dispensing advanced alternative fuels to consumers that--
``(A) identifies a single, readily comprehensible
metric that allows consumers to evaluate the relative
value, energy density, and expected automobile
performance of any particular advanced alternative fuel
blend; and
``(B) includes appropriate warnings against the use
of such fuels in unwarranted engines, including
nonautomobile engines; and
``(2) make the label described in paragraph (1) available
for voluntary reproduction and adoption.
``(d) Study of Fuel Dispensing Infrastructure for Advanced
Alternative Fuel Blends.--Not later than 2 years after the date of the
enactment of the Open Fuels Standard Act of 2011, the Secretary of
Transportation shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives that evaluates the need
for standardized fueling equipment that facilitates the dispensing of
advanced alternative fuel blends to fuel choice-enabling vehicles and
prevents such fuel blends from being dispensed to incompatible
automobiles.''.
(b) Clerical Amendment.--The table of section for chapter 329 of
title 49, United States Code, is amended by adding at the end the
following:
``32920. Open fuels standard.''.
(c) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
carry out the amendment made by subsection (a). | Open Fuels Standard Act of 2011 - Requires each automobile manufacturer's annual covered inventory to comprise at least: (1) 50% fuel choice-enabling vehicles in model years 2015-2017, and (2) 80% fuel choice-enabling vehicles in model year 2018 and each subsequent model year.
Requires the Secretary of Transportation (DOT) to certify the type and blend of advanced alternative fuel blends that can be used in fuel choice-enabling vehicles, existing vehicles, and by new and existing components of the nation's transportation fueling infrastructure.
Defines "fuel choice-enabling vehicle" to mean an automobile warranted by its manufacturer to be capable of operating on: (1) an advanced alternative fuel blend, if certified for its use, or a mixture of at least 85% denatured ethanol and gasoline or drop-in fuel, if not yet certified; or (2) natural gas, hydrogen, electricity, a hybrid electric engine, a mixture biodiesel and diesel fuel, or other fuel containing not more than 10% petroleum.
Defines "advanced alternative fuel blend" as a mixture containing: (1) at least 85% (or lower percentage of) denatured alcohol as well as gasoline or drop-in fuel, (2) at least 70% menthol as well as gasoline or drop-in fuel, and (3) any other DOT-certified blend of alcohols or liquid fuels.
Authorizes a manufacturer with an inventory of less than 10,000 vehicles to request an exemption from such requirements.
Authorizes the Secretary to establish an open fuels standard credit trading program to allow vehicle manufacturers whose annual covered inventory exceeds the percentage requirements to earn credits, which may be sold to manufacturers that are unable to achieve such requirements.
Directs the Secretary to: (1) develop a model label for pumps dispensing advanced alternative fuels to help consumers evaluate the expected automobile performance of a fuel blend, and (2) make it available for voluntary reproduction and adoption.
Directs the Secretary to evaluate the need for standardized fueling equipment and facilities that: (1) dispense advance alternative fuel blends to fuel choice-enabling vehicles, and (2) prevent the dispensing of such fuel blends to incompatible vehicles. | {"src": "billsum_train", "title": "A bill to enable transportation fuel competition, consumer choice, and greater use of domestic energy sources in order to reduce our Nation's dependence on foreign oil."} | 1,512 | 466 | 0.655542 | 1.915575 | 0.839687 | 3.313084 | 3.25 | 0.906542 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nursing Education Opportunities
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The American Hospital Association reported in July 2007
that United States hospitals need approximately 116,000
registered nurses to fill vacant positions nationwide.
(2) To address the shortage of qualified nurses, schools of
nursing have developed accelerated, second-baccalaureate degree
programs in nursing. In 2005, these programs graduated 3,769
students. The number of accelerated degree graduates in 2006
was 5,236. This is an additional 1,467 nursing graduates in 1
year.
(3) Despite the nurse shortage and efforts to increase the
pool of qualified nurses, schools of nursing struggle to
increase student capacity. According to the American
Association of Colleges of Nursing (referred to in this Act as
the ``AACN''), United States nursing schools turned away nearly
43,000 qualified applicants in 2006 primarily due to an
insufficient number of faculty.
(4) The AACN reported in July 2006, a total of 637 faculty
vacancies at 329 nursing schools with baccalaureate or graduate
programs, or both, across the Nation. Besides the vacancies,
schools cited the need to create an additional 55 faculty
positions to accommodate student demand. Most of the vacancies
(53.7 percent) were faculty positions requiring a doctoral
degree.
(5) In 2007, the Association of Academic Health Centers
surveyed chief executive officers (CEOs) from academic health
centers regarding faculty shortages across various health
professions. The CEOs rated the nursing faculty shortage as the
most severe of all health professions with 81 percent noting
the nursing faculty shortage as a problem.
(6) The average ages of doctorally-prepared nurse faculty
holding the ranks of professor, associate professor, and
assistant professor are 58.6, 55.8, and 51.6 years,
respectively. Considering the average age of nurse faculty at
retirement is 62.5 years, a wave of nurse faculty retirements
is expected in the next decade.
(7) Master's and doctoral programs in nursing are not
producing a large enough pool of potential nurse educators to
meet the demand. In 2006, the AACN found that graduations from
doctoral nursing programs were up by only 1.4 percent from the
previous academic year.
(8) Nurses are vital to the Nation's health care delivery
system. Due to the nurse shortage, patient safety and quality
of care are at risk. Given the findings described in paragraphs
(1) through (7), measures must be taken to address the nurse
shortage and nursing faculty shortage.
SEC. 3. NURSING STUDENT LOAN PROGRAM.
Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.)
is amended--
(1) in section 835(b)(4), by inserting ``(including a
student in an accelerated nursing degree program who is
pursuing a second baccalaureate degree or a master's degree as
an entry level nursing degree)'' after ``graduate degree in
nursing''; and
(2) in section 836--
(A) in subsection (a)--
(i) by striking ``$2,500'' and inserting
``$4,400'';
(ii) by striking ``$4,000'' and inserting
``$7,000''; and
(iii) by striking ``$13,000'' and inserting
``$22,900''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting
``(including a student in an accelerated
nursing degree program who is pursuing a second
baccalaureate degree or a master's degree as an
entry level nursing degree)'' after ``graduate
degree in nursing''; and
(ii) in paragraph (2), by inserting
``(including a student in an accelerated
nursing degree program who is pursuing a second
baccalaureate degree)'' after ``equivalent
degree''.
SEC. 4. ACCELERATED NURSING DEGREE PROGRAMS.
Section 801(3) of the Public Health Service Act (42 U.S.C. 296(3))
is amended by inserting ``(including an accelerated nursing degree
program)'' before ``and including''.
SEC. 5. ADVANCED EDUCATION NURSING GRANTS.
Section 811(f)(2) of the Public Health Service Act (42 U.S.C.
296j(f)(2)) is amended by striking the period at the end and inserting
``, except in the case of a nurse faculty shortage, the Secretary may,
in the Secretary's discretion, obligate more than 10 percent of such
traineeships for individuals in doctoral degree programs.''.
SEC. 6. GRANT PROGRAM FOR DOCTORAL NURSING PROGRAMS.
Part D of title VIII of the Public Health Service Act (42 U.S.C.
296p et seq.) is amended by adding at the end the following:
``SEC. 832. GRANT PROGRAM FOR DOCTORAL NURSING PROGRAMS.
``(a) In General.--The Secretary shall award grants to eligible
entities to enable the eligible entities to establish doctoral nursing
degree programs.
``(b) Eligible Entity.--In this section, the term `eligible entity'
means an entity that is 1 of the `eligible entities' as such term is
defined in section 801.
``(c) Application.--An eligible entity that desires a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the Secretary
may require.
``(d) Selection of Grant Recipients.--Not later than 6 months after
the date of enactment of the Nursing Education Opportunities Act, the
Secretary shall establish requirements and procedures for the
administration of grants under this section and procedures for
selecting grant recipients. In awarding grants under this section, the
Secretary shall consider the following:
``(1) Doctoral nursing program distribution.--Providing
priority to eligible entities located in States in which there
are no doctoral nursing degree programs.
``(2) Geographic distribution.--Providing an equitable
geographic distribution of such grants.
``(3) Rural and urban areas.--Distributing such grants to
rural and urban areas.
``(4) Prior experience or exceptional programs.--Whether
the eligible entity has demonstrated--
``(A) prior experience in, or exceptional programs
for, the preparation of baccalaureate prepared nurses
or master's prepared nurses; and
``(B) an interest in establishing a doctoral
nursing degree program.
``(e) Grant Amount.--Each grant awarded under this section shall be
equal to not more than $2,000,000.
``(f) Grant Duration.--A grant awarded under this section shall be
for a period of not more than 5 years.
``(g) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant funds to establish a doctoral nursing
degree program, including--
``(1) hiring administrators, faculty, and staff;
``(2) retaining current faculty;
``(3) developing doctoral curriculum;
``(4) repairing and expanding infrastructures;
``(5) purchasing educational equipment;
``(6) developing and enhancing clinical laboratories;
``(7) recruiting students;
``(8) establishing technology infrastructures; and
``(9) other investments determined necessary by the
eligible entity for the development of a doctoral nursing
degree program.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section not more than $40,000,000 for
fiscal year 2008 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.
SEC. 7. DOCTORAL NURSING CONSORTIA PILOT PROJECT.
Part D of title VIII of the Public Health Service Act (42 U.S.C.
296p et seq.), as amended by section 6, is further amended by adding at
the end the following:
``SEC. 833. DOCTORAL NURSING CONSORTIA PILOT PROJECT.
``(a) Purpose.--The purpose of the pilot project under this section
is to provide grants to partnerships of eligible entities to establish
consortia to enhance and expand the availability of doctoral nurse
faculty and education by enabling the partners involved to share
doctoral faculty and programmatic resources so that the nursing faculty
shortage does not further inhibit the preparation of future nurses or
nurse faculty.
``(b) In General.--The Secretary shall award grants to partnerships
of eligible entities to enable the partnerships to establish doctoral
nursing consortia.
``(c) Definitions.--In this section:
``(1) Doctoral nursing consortium.--The term `doctoral
nursing consortium' means a partnership that includes 2 or more
of--
``(A) eligible entities within the same State;
``(B) eligible entities within different States; or
``(C) eligible entities establishing a doctoral
nursing program.
``(2) Eligible entity.--The term `eligible entity' has the
meaning given the term in section 832(b).
``(d) Application.--A partnership of eligible entities that desires
a grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require. Such partnership may apply for a grant under
this section each year of the pilot project.
``(e) Selection.--Not later than 6 months after the date of
enactment of the Nursing Education Opportunities Act, the Secretary
shall establish requirements and procedures for the administration of
grants under this section and procedures for selecting grant
recipients.
``(f) Consideration in Making Awards.--In awarding grants under
this section, the Secretary shall consider the following:
``(1) Prior experience or exceptional programs.--Eligible
entities that have demonstrated prior experience in, or
exceptional programs for, the preparation of--
``(A) doctorally prepared nursing faculty and
nursing researchers; and
``(B) baccalaureate prepared nurses or master's
prepared nurses.
``(2) Geographic distribution.--Providing an equitable
geographic distribution of such grants.
``(3) Rural and urban areas.--Distributing such grants to
rural and urban areas.
``(4) New grantees.--Awarding grants to eligible entities
that have not previously received a grant under this section.
``(g) Grant Amount.--The Secretary shall determine the amount of
each grant awarded under this section based on the purpose of this
section, which amount shall not be more than $500,000.
``(h) Use of Funds.--A partnership of eligible entities that
receives a grant under this section shall use the grant funds to
establish a doctoral nursing consortium that shall share doctoral
faculty and programmatic resources, such as--
``(1) establishing technology infrastructures;
``(2) developing shared doctoral curriculum;
``(3) hiring faculty and staff;
``(4) retaining current faculty;
``(5) providing travel stipends for nursing faculty who
agree to teach nursing courses at another eligible entity
within the doctoral nursing consortium;
``(6) providing scholarships for post-doctoral fellows who
agree to teach a nursing course within the nursing doctoral
consortium;
``(7) providing collaborative networks for nursing
research; and
``(8) other investments determined necessary by the
eligible entities for use within the doctoral nursing
consortium.
``(i) Grant Duration.--The pilot project under this section shall
be for a period of not more than 5 years.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section not more than $10,000,000 for
fiscal year 2008 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.
SEC. 8. NURSE FACULTY PILOT PROJECT.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by adding at the end the following:
``PART F--NURSE FACULTY PILOT PROJECT
``SEC. 781. PURPOSES.
``The purposes of this part are to create a pilot program--
``(1) to provide scholarships to qualified nurses in
pursuit of an advanced degree with the goal of becoming faculty
members in an accredited nursing program; and
``(2) to provide grants to partnerships between accredited
schools of nursing and hospitals or health facilities to fund
release time for qualified nurse employees, so that those
employees can earn a salary while obtaining an advanced degree
in nursing with the goal of becoming nurse faculty.
``SEC. 782. ASSISTANCE AUTHORIZED.
``(a) Competitive Grants Authorized.--The Secretary may, on a
competitive basis, award grants to, and enter into contracts and
cooperative agreements with, partnerships composed of an accredited
school of nursing at an institution of higher education and a hospital
or health facility to establish not more than 5 pilot projects to
enable such hospital or health facility to retain its staff of
experienced nurses while providing a mechanism to have these
individuals become, through an accelerated nursing education program,
faculty members of an accredited school of nursing.
``(b) Duration; Evaluation and Dissemination.--
``(1) Duration.--Grants under this part shall be awarded
for a period of 3 to 5 years.
``(2) Mandatory evaluation and dissemination.--Grants under
this part shall be primarily used for evaluation, and
dissemination to other institutions of higher education, of the
information obtained through the activities described in
section 781(2).
``(c) Considerations in Making Awards.--In awarding grants and
entering into contracts and cooperative agreements under this section,
the Secretary shall consider the following:
``(1) Geographic distribution.--Providing an equitable
geographic distribution of such grants.
``(2) Rural and urban areas.--Distributing such grants to
urban and rural areas.
``(3) Range and type of institution.--Ensuring that the
activities to be assisted are developed for a range of types
and sizes of institutions of higher education.
``(4) Prior experience or exceptional programs.--
Institutions of higher education with demonstrated prior
experience in providing advanced nursing education programs to
prepare nurses interested in pursuing a faculty role.
``(d) Uses of Funds.--Funds made available by grant, contract, or
cooperative agreement under this part may be used--
``(1) to develop a new national demonstration initiative to
align nursing education with the emerging challenges of
healthcare delivery; and
``(2) for any 1 or more of the following innovations in
educational programs:
``(A) To develop a clinical simulation laboratory
in a hospital, health facility, or accredited school of
nursing.
``(B) To purchase distance learning technologies.
``(C) To fund release time for qualified nurses
enrolled in the graduate nursing program.
``(D) To provide for faculty salaries.
``(E) To collect and analyze data on educational
outcomes.
``SEC. 783. APPLICATIONS.
``Each partnership desiring to receive a grant, contract, or
cooperative agreement under this part shall submit an application to
the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Each application shall
include assurances that--
``(1) the individuals enrolled in the program will be
qualified nurses in pursuit of a master's or doctoral degree in
nursing and have a contractual obligation with the hospital or
health facility that is in partnership with the institution of
higher education;
``(2) the hospital or health facility of employment would
be the clinical site for the accredited school of nursing
program;
``(3) individuals will also maintain their employment on a
part time basis to the hospital or health facility that allowed
them to participate in the program, and will receive an income
from the hospital or health facility, as a part time employee,
and release times or flexible schedules to accommodate the
individuals' class schedules; and
``(4) upon completion of the program, an individual agrees
to teach for 2 years in an accredited school of nursing for
each year of support the individual received under this
program.
``SEC. 784. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for this part not more
than $10,000,000 for fiscal year 2008 and such sums as may be necessary
for each of the 4 succeeding fiscal years.
``SEC. 785. DEFINITION.
``For purposes of this part, the term `health facility' means an
Indian Health Service health service center, a Native Hawaiian health
center, a hospital, a Federally qualified health center, a rural health
clinic, a nursing home, a home health agency, a hospice program, a
public health clinic, a State or local department of public health, a
skilled nursing facility, or ambulatory surgical center.''. | Nursing Education Opportunities Act - Amends the Public Health Service Act to include accelerated degree nursing students who pursue a second baccalaureate degree or a master's degree as an entry level nursing degree as eligible for financial assistance through nursing programs in the Act, including the Nursing Student Loan Program. Raises the yearly loan amounts available to all nursing students through that Program. Modifies the definition of "collegiate school of nursing" to include accelerated nursing degree programs.
Authorizes the Secretary of Health and Human Services, in the case of a nurse faculty shortage, to obligate more than 10% of traineeships for individuals in doctoral degree programs.
Directs the Secretary to award grants to: (1) eligible entities to establish doctoral nursing degree programs, giving priority to such entities located in states in which there are no such programs; and (2) partnerships of eligible entities to establish doctoral nursing consortia to enhance and expand the availability of doctoral nurse faculty and education by enabling the partners to share doctoral faculty and programmatic resources.
Amends the Higher Education Act of 1965 to authorize the Secretary to award grants to partnerships composed of an accredited nursing school at an institution of higher education and a hospital or health facility to establish up to five pilot projects to enable such hospital or facility to retain its staff of experienced nurses while providing a mechanism to have these individuals become, through an accelerated nursing education program, faculty members of an accredited nursing school. | {"src": "billsum_train", "title": "A bill to amend title VIII of the Public Health Service Act to expand the nurse student loan program, to establish grant programs to address the nursing shortage, to amend title VII of the Higher Education Act of 1965 to provide for a nurse faculty pilot project, and for other purposes."} | 3,767 | 303 | 0.437041 | 1.423337 | 0.724586 | 4.503676 | 12.654412 | 0.930147 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Weapons of Mass
Destruction Informant Act''.
SEC. 2. S VISA.
(a) Expansion of S Visa Classification.--Section 101(a)(15)(S) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) is
amended--
(1) in clause (i)--
(A) by striking ``Attorney General'' each place
that term appears and inserting ``Secretary of Homeland
Security''; and
(B) by striking ``or'' at the end; and
(2) in clause (ii)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by striking ``1956,'' and all that follows
through ``the alien;'' and inserting the following:
``1956; or
``(iii) who the Secretary of Homeland Security and
the Secretary of State, in consultation with the
Director of Central Intelligence, jointly determine--
``(I) is in possession of critical reliable
information concerning the activities of
governments or organizations, or their agents,
representatives, or officials, with respect to
weapons of mass destruction and related
delivery systems, if such governments or
organizations are at risk of developing,
selling, or transferring such weapons or
related delivery systems; and
``(II) is willing to supply or has
supplied, fully and in good faith, information
described in subclause (I) to appropriate
persons within the United States Government;
and, if the Secretary of Homeland Security (or with respect to
clause (ii), the Secretary of State and the Secretary of
Homeland Security jointly) considers it to be appropriate, the
spouse, married and unmarried sons and daughters, and parents
of an alien described in clause (i), (ii), or (iii) if
accompanying, or following to join, the alien;''.
(b) Numerical Limitation.--Section 214(k)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(k)(1)) is amended by striking ``The
number of aliens'' and all that follows through the period and
inserting the following: ``The number of aliens who may be provided a
visa as nonimmigrants under section 101(a)(15)(S) in any fiscal year
may not exceed 3,500.''.
SEC. 3. WEAPONS OF MASS DESTRUCTION INFORMANT CENTER.
(a) Establishment.--There is established within the Directorate for
Information Analysis and Infrastructure Protection of the Department of
Homeland Security a Weapons of Mass Destruction Informant Center.
(b) Coordinator.--The Assistant Secretary with responsibility for
the Directorate for Information Analysis and Infrastructure Protection
shall appoint a coordinator to execute the responsibilities, as
described in subsection (c), of the Weapons of Mass Destruction
Informant Center.
(c) Responsibilities.--The Weapons of Mass Destruction Informant
Center established under subsection (a) shall--
(1) receive all raw information provided from aliens who
are provided a visa under section 101(a)(15)(S)(iii) of the
Immigration and Nationality Act (8 U.S.C 1101(a)(15)(S)(iii)),
as added by section 101 of this Act;
(2) report all information that is provided by such aliens
and is related to the development, sale, or transfer of weapons
of mass destruction and related delivery systems, materials,
and technologies to senior officials at the Department of
Homeland Security, the Central Intelligence Agency, and other
relevant components of the intelligence and law enforcement
communities, including the Federal Bureau of Investigation;
(3) ensure that all aliens who have provided critical,
reliable information concerning the activities of any
government or organization, or their agents, representatives,
or officials, with respect to weapons of mass destruction and
related delivery systems, materials, and technologies, if such
governments or organizations are at risk of using or exporting
such weapons or related delivery systems, are given the highest
consideration for visas described in such section
101(a)(15)(S)(iii);
(4) educate consular officers at the Department of State,
and immigration inspectors and examiners at the Department of
Homeland Security, regarding the visa classification described
in such section 101(a)(15)(S)(iii);
(5) facilitate, receive, and evaluate visa requests for
nonimmigrants described in such section 101(a)(15)(S)(iii) in
consultation with appropriate personnel both within and outside
of the Department of Homeland Security;
(6) if a visa described in such section 101(a)(15)(S)(iii)
is approved, act in coordination with the Director of the
Bureau of Citizenship and Immigration Services and other
appropriate government agencies to facilitate the issuance of
such visas, including additional visas as are considered to be
appropriate for the spouse, married or unmarried sons and
daughters, and parents of the alien whose request was granted;
(7) facilitate the cooperation of aliens who receive such
visas with the United States Government in ways that further
the purposes of the visa;
(8) ensure that aliens who receive such visas comply with
the terms of the visa; and
(9) ensure that such visas are not utilized as a method of
gaining entry into the United States for any purpose other than
those outlined in this Act. | International Weapons of Mass Destruction Informant Act - Expands the S nonimmigrant visa classification of the Immigration and Nationality Act to include aliens who possess and are willing to share with the U.S. Government critical reliable information concerning the activities of governments or organizations with respect to weapons of mass destruction (WMD) and related delivery systems, where those weapons or systems are at risk of being developed, sold, or transferred. Provides for S nonimmigrant status for specified family members of such aliens in appropriate circumstances.
Increases the numerical limitation on S nonimmigrant visas to 3,500 per fiscal year.
Establishes a Weapons of Mass Destruction Informant Center within the Directorate for Information Analysis and Infrastructure Protection of the Department of Homeland Security, which shall : (1) receive and report to specified Federal agencies all information provided by aliens granted S nonimmigrant status under this Act; (2) ensure that aliens who have provided WMD-related information are given the highest consideration for S nonimmigrant visas; (3) educate consular officers and immigration inspectors and examiners regarding the expanded visa classification; (4) facilitate, receive, and evaluate visa requests submitted pursuant to this Act and facilitate the issuance of visas when requests are approved; (5) facilitate the cooperation with the U.S. Government of aliens receiving WMD-related S nonimmigrant visas; (6) ensure that aliens who receive such visas comply with visa terms; and (7) ensure that such visas are not used to gain entry into the U.S. for purposes other than those outlined in this Act. | {"src": "billsum_train", "title": "A bill to expand the S visa classification to include aliens who are in possession of critical reliable information with respect to weapons of mass destruction, to establish a Weapons of Mass Destruction Informant Center, and for other purposes."} | 1,234 | 342 | 0.559265 | 1.628346 | 0.836694 | 3.02439 | 3.655052 | 0.843206 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that:
(1) The Weyerhaeuser Company has offered to the United
States Government an exchange of lands under which Weyerhaeuser
would receive approximately 50,000 acres of Federal land in
Arkansas and Oklahoma in return for conveying to the United
States lands owned by Weyerhaeuser consisting of approximately
165,000 acres of forested wetlands and other forest land of
public interest in Arkansas and Oklahoma, consisting of--
(A) certain Arkansas Ouachita lands located near
Lake Ouachita, Little Missouri Wild and Scenic River,
Flatside Wilderness and the Ouachita National Forest;
(B) certain lands in Oklahoma located near the
McCurtain County Wilderness, the Broken Bow Reservoir,
the Glover River, and the Ouachita National Forest; and
(C) certain Arkansas Cossatot lands located on the
Little and Cossatot Rivers and identified as the ``Pond
Creek Bottoms'' in the Lower Mississippi River Delta
section of the North American Waterfowl Management
Plan.
(2) Acquisition of the Arkansas Cossatot lands by the
United States will remove the lands in the heart of a critical
wetland ecosystem from sustained timber production and other
development.
(3) The acquisition of the Arkansas Ouachita lands and the
Oklahoma lands by the United States for administration by the
Forest Service will provide an opportunity for enhancement of
ecosystem management of the National Forest System lands and
resources.
(4) The Arkansas Ouachita lands and the Oklahoma lands have
outstanding wildlife habitat and important recreational values
and should continue to be made available for activities such as
public hunting, fishing, trapping, nature observation,
enjoyment, education, and timber management.
(5) Private use of the lands the United States will convey
to Weyerhaeuser will not conflict with established management
objectives on adjacent Federal lands.
(6) The lands the United States will convey to Weyerhaeuser
as part of the exchange described in paragraph (1) do not
contain comparable fish, wildlife, or wetland values.
(7) The United States will convey all mineral interests and
oil and gas interests to Weyerhaeuser on or under all surface
acres designated to be exchanged pursuant to the exchange
described in paragraph (1) in which the Federal Government owns
such interests.
(8) Pursuant to such exchange, Weyerhaeuser will convey to
the United States all mineral interests and equivalent oil and
gas interests on or under all surface acres designated to be
exchanged pursuant to the exchange described in paragraph (1)
in which Weyerhaeuser owns such interests.
(9) The United States and Weyerhaeuser have agreed to the
values and boundaries of all lands, mineral interests, and oil
and gas interests to be conveyed in the exchange and concur
that the lands, mineral interests, and oil and gas interests to
be conveyed by Weyerhaeuser and the lands, mineral interests,
and oil and gas interests to be conveyed by the United States
area approximately equal in value.
(10) The exchange of lands, mineral interests, and oil and
gas interests between Weyerhaeuser and the United States is in
the public interest.
(b) Purpose.--The purpose of this Act is to authorize and direct
the Secretary of the Interior and the Secretary of Agriculture to enter
into an exchange of lands, mineral interests, and oil and gas interests
that will provide environmental, land management, recreational, and
economic benefits to the States of Arkansas and Oklahoma and to the
United States.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Land.--The terms ``land'' or ``lands'' mean the surface
estate and any other interests therein except for mineral
interests and oil and gas interests.
(2) Mineral interests.--The term ``mineral interests''
means geothermal steam and heat and all metals, ores, and
minerals of any nature whatsoever, except oil and gas
interests, in or upon lands subject to this Act including,but
not limited to, coal, lignite, peat, rock, sands, gravel, and
quartz.
(3) Oil and gas interests.--The term ``oil and gas
interests'' means all oil and gas of any nature whatsoever
including carbon dioxide, helium, and gas taken from coal seams
(collectively ``oil and gas'') together with the right to enter
lands for the purpose of exploring the lands for oil and gas
and drilling, opening, developing, and working wells on such
lands and taking out and removing from such lands all such oil
and gas together with the right to occupy and make use of as
much of the surface of said lands as may reasonably be
necessary for these purposes subject to the Secretary of
Agriculture's rules and regulations set forth in section 251.15
of title 36, Code of Federal Regulations.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture.
(5) Weyerhaeuser.--The term ``Weyer- haeuser'' means
Weyerhaeuser Company, a company incorporated in the State of
Washington.
SEC. 3. EXCHANGE.
(a) Exchange of Lands and Mineral Interests.--
(1) In general.--Subject to paragraph (2), within 120 days
after the date of the enactment of this Act, the Secretary of
Agriculture shall convey to Weyerhaeuser, subject to any valid
existing rights, approximately 20,000 acres of Federal lands
and mineral interests in the State of Arkansas and
approximately 30,000 acres of Federal lands and mineral
interests in the State of Oklahoma as depicted for exchange on
maps entitled ``Arkansas-Oklahoma Land Exchange--Federal
Arkansas and Oklahoma Lands'', dated ____________ 1996 and
available for public inspection in appropriate offices of the
Secretaries.
(2) Offer and acceptance of lands.--The Secretary of
Agriculture shall make the conveyance to Weyerhaeuser if
Weyerhaeuser offers deeds of title, subject to limitations and
the reservation described in subsection (b), acceptable to the
Secretary of Agriculture that convey to the United States the
following:
(A) Approximately 110,000 acres of lands and
mineral interests owned by Weyerhaeuser in the State of
Oklahoma, as depicted for transfer to the United States
upon a map entitled ``Arkansas-Oklahoma Land Exchange--
Weyerhaeuser Oklahoma Lands'', dated ____________ 1996
and available for public inspection in appropriate
offices of the Secretaries.
(B) Approximately 30,000 acres of lands and mineral
interests owned by Weyerhaeuser in the State of
Arkansas, as depicted for transfer to the United States
upon a map entitled ``Arkansas-Oklahoma Land Exchange--
Weyerhaeuser Arkansas Ouachita Lands'', dated
____________ 1996 and available for public inspection
in appropriate offices of the Secretaries.
(C) Approximately 25,000 acres of lands and mineral
interests owned by Weyerhaeuser in the State of
Arkansas, as depicted for transfer to the United States
upon a map entitled ``Arkansas-Oklahoma Land Exchange--
Weyerhaeuser Arkansas Cossatot Lands'', dated
____________ 1996 and available for public inspection
in appropriate offices of the Secretaries.
(b) Exchange of Oil and Gas Interests.--
(1) In general.--Subject to paragraph (2), at the same time
as the land and mineral interests exchange is carried out
pursuant to this section, the Secretary of Agriculture shall
exchange all Federal oil and gas interests, including existing
leases and other agreements, in the lands described in
subsection (a)(1) for equivalent oil and gas interests,
including existing leases and other agreements, owned by
Weyerhaeuser in the lands described in subsection (a)(2). Any
exchange of oil and gas interests pursuant to this Act may be
made without regard to the limitations requiring that exchanges
be made within the same State under section 206 of the Federal
Lands Policy and Management Act of 1976 (43 U.S.C. 1716).
(2) Reservation.--In addition to exchanging oil and gas
interests pursuant to paragraph (1), to account for the acreage
imbalance in the exchange required under this Act, there is
hereby reserved to Weyerhaeuser, its successors, and assigns until
December 31, 2041, and for so long thereafter that oil or gas is
produced therefrom (``term reservation''), all oil and gas in and under
the acreage imbalance lands depicted for reservation by Weyerhaeuser
upon a map entitled ``Arkansas-Oklahoma Land Exchange--Weyerhaeuser Oil
and Gas Interest Reservation Lands'', dated ____________ 1996 and
available for public inspection in appropriate offices of the
Secretaries. Beginning January 1, 2042, there is hereby reserved to
Weyerhaeuser, its successors and assigns, a proportionately reduced
6.25 percent of 8/8's overriding royalty interest in all oil and gas
produced from any well in any governmental section adjacent to or
cornering a section in which oil and gas is being produced at the
expiration of the term reservation (``overriding royalty''). The
overriding royalty will continue until either the producing well (a
well producing on December 31, 2041) ceases production or until all
federally leased wells to which the overriding royalty applies cease
production, which is later.
(c) General Provisions.--
(1) Valuation.--The lands, mineral interests, and oil and
gas interests exchanged pursuant to this Act shall be
approximately equal in value, as determined by the Secretaries
and agreed to by Weyerhaeuser. To ensure that the natural
values of the area are not affected by the exchange, a formal
appraisal based upon drilling or other surface disturbing
activities shall not be required for any mineral interests or
oil and gas interests exchanged.
(2) Maps controlling.--The acreage cited in this Act is
approximate. In the case of a discrepancy between the
description of lands, mineral interests, and/or oil and gas
interests to be exchanged pursuant to subsection (a) and the
lands, mineral interests, and/or oil and gas interests depicted
on a map referred to in such subsection, the map shall control.
Subject to the notification required by paragraph (3), the maps
referenced in this Act are subject to such minor corrections as
may be agreed upon by the Secretaries and Weyerhaeuser.
(3) Final maps.--Not later than 180 days after the
conclusion of the exchange required by subsection (a), the
Secretaries shall transmit maps accurately depicting the lands
and mineral interests conveyed and transferred pursuant to this
Act and the acreage and boundary descriptions of such lands and mineral
interests to the Committees on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of Representatives.
(4) Cancellation.--If, before the exchange has been carried
out pursuant to subsections (a) and (b), Weyerhaeuser provides
written notification to the Secretaries that Weyerhaeuser no
longer intends to complete the exchange, with respect to the
lands, mineral interests, and oil and gas interests that would
otherwise be subject to the exchange, the status of such lands,
mineral interests, and oil and gas interests shall revert to
the status of such lands, mineral interests, and oil and gas
interests as of the day before the date of enactment of this
Act and shall be managed in accordance with applicable
management plans.
(5) Withdrawal.--Subject to valid existing rights, the
lands, mineral interests, and oil and gas interests depicted
for conveyance to Weyerhaeuser for possible exchange on the
maps referenced in subsections (a) and (b) are withdrawn from
all forms of entry and appropriation under the public land laws
(including the mining laws); and from the operation of mineral
leasing and geothermal steam leasing laws effective upon the
date of the enactment of this Act. Such withdrawal shall
terminate 45 days after completion of the exchange provided for
in subsections (a) and (b) or on the date of notification by
Weyerhaeuser of a decision not to complete the exchange.
SEC. 4. DESIGNATION AND USE OF LANDS ACQUIRED BY THE UNITED STATES.
(a) National Forest System.--
(1) Addition to the system.--Upon acceptance of title by
the Secretary of Agriculture, the 140,000 acres of land
conveyed to the United States pursuant to section 3(a)(2) (A)
and (B) of this Act shall be administered by the Secretary of
Agriculture in accordance with the laws and regulations
pertaining to the National Forest system.
(2) Plan amendments.--Within 36 months after the completion
of the exchange required by this Act, the Secretary of
Agriculture shall amend applicable land and resource management
plans and accompanying documents pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974,
as amended by the National Forest Management Act of 1976 (16
U.S.C. 1604).
(b) Other.--
(1) Addition to the national wildlife refuge system.--Once
acquired by the United States, the 25,000 acres of land
identified in section 3(a)(2)(C), the Cossatot lands, shall be
managed by the Secretary of the Interior as a component of the
Cossatot National Wildlife Refuge in accordance with the
National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd-668ee).
(2) Plan preparation.--Within 24 months after the
completion of the exchange required by this Act, the Secretary
of the Interior shall prepare and implement a single refuge
management plan for the Cossatot National Wildlife Refuge, as
expanded by this Act. Such plans shall recognize the important
public purposes served by the nonconsumptive activities, other
recreational activities, and wildlife-related public use,
including hunting, fishing and trapping. The plan shall permit,
to the maximum extent practicable, compatible uses to the
extent that they are consistent with sound wildlife management
and in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd-668ee) and other
applicable laws. Any regulations promulgated by the Secretary
of the Interior with respect to hunting, fishing, and trapping
on those lands shall, to the extent practicable, be consistent
with State fish and wildlife laws and regulations. In preparing
the management plan and regulations, the Secretary of the
Interior shall consult with the Arkansas Game and Fish
Commission.
(3) Interim use of lands.--
(A) In general.--Except as provided in paragraph
(2), during the period beginning on the date of the
completion of the exchange of lands required by this
Act and ending on the first date of the implementation
of the plan prepared under paragraph (2), the Secretary
of the Interior shall administer all lands added to the
Cossatot National Wildlife Refuge pursuant to this Act
in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd-668ee) and
other applicable laws.
(B) Hunting Seasons.--During the period described
in subparagraph (A), the duration of any hunting season
on the lands described in paragraph (1) shall comport
with the applicable State law.
SEC. 5. OUACHITA NATIONAL FOREST BOUNDARY ADJUSTMENT.
(a) In general.--Upon acceptance of title by the Secretary of
Agriculture of the lands conveyed to the United States pursuant to
section 3(a)(2) (A) and (B), the boundaries of the Ouachita National
Forest shall be adjusted to encompass those lands conveyed to the
United States generally depicted on the maps entitled ``Arkansas-
Oklahoma Land Exchange--Weyerhaeuser Oklahoma Lands'' and ``Arkansas-
Oklahoma Land Exchange--Weyerhaeuser Arkansas Ouachita Lands'', dated
____________ 1996. For the purpose of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the
Ouachita National Forest, as adjusted by this Act, shall be considered
to be the boundaries of the Forest as of January 1, 1965.
(b) Maps and Boundary Descriptions.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Agriculture shall
prepare a boundary description of the lands depicted on the maps
referred to in section 3(a)(2) (A) and (B). Such maps and boundary
description shall have the same force and effect as if included in this
Act, except that the Secretary of Agriculture may correct clerical and
typographical errors. | Authorizes and directs the Secretaries of Agriculture and the Interior to enter into an exchange with the Weyerhaeuser Company of specified lands, including mineral, oil, and gas interests, in Arkansas and Oklahoma.
Provides for the inclusion of such lands in the Ouachita National Forest and the Cossatot National Wildlife Refuge. | {"src": "billsum_train", "title": "To provide for the exchange of certain federally owned lands and mineral interests therein, and for other purposes."} | 3,737 | 76 | 0.599564 | 1.856753 | 0.354257 | 2.122807 | 57.596491 | 0.929825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Food Financing Initiative''.
SEC. 2. FINDINGS.
Congress finds that--
(1)(A) the United States faces an obesity epidemic in which
30.5 percent of children ages 10 through 17 are overweight or
obese;
(B) the obesity epidemic contributes to increasing rates of
chronic illness, including diabetes, heart disease, and cancer;
and
(C) the obesity epidemic cost the United States
$147,000,000 in medical expenses in 2008, and this cost is
expected to rise in the future;
(2) the Reinvestment Fund estimates that almost 25,000,000
people in the United States live in low-income communities with
limited access to supermarkets and grocery stores;
(3) more than 130 studies show that--
(A) access to healthy food is particularly a
problem in hundreds of low-income, rural, and urban
communities, as well as communities of color in the
United States; and
(B) the opportunity to access healthy food is
linked to lower levels of obesity, diabetes, and other
food-related chronic illnesses, leading to better
health outcomes;
(4)(A) children from low-income families are twice as
likely to be overweight as children from higher income
families; and
(B) African-American and Hispanic children are more likely
than Caucasian children to be obese;
(5) studies show that when healthy foods are available,
people will increase consumption of fruits and vegetables;
(6) leading public health experts, including the Centers
for Disease Control and Prevention, the American Heart
Association, the Institute of Medicine, and the American Public
Health Association, agree that providing improved access to
supermarkets and grocery stores is needed to improve public
health and prevent obesity;
(7) developing high-quality fresh food retail outlets
creates jobs, expands markets for agricultural producers in the
United States, and supports economic vitality in underserved
communities;
(8)(A) supermarkets and grocery stores often face barriers
to opening stores in food deserts;
(B) the supermarket industry operates on an historically
thin profit margin;
(C) according to the 2011 National Grocers Association
Independent Grocers Survey, the average net profit margin
before taxes for independent grocers in 2010 was 1.08 percent;
(D) urban operators face barriers, including--
(i) increased real estate costs or limited
availability of suitable commercial real estate in the
community;
(ii) increased employee training needs and costs;
(iii) elevated security expenses; and
(iv) often zoning restrictions;
(E) supermarkets and grocery stores in rural food deserts
also face barriers, including increased food delivery costs due
to distance from distributers, dispersed customer base, and low
volume; and
(F) access to affordable capital is a significant problem
for both rural and urban projects;
(9) by providing seed capital and technical assistance, the
Federal Government, through time-limited investments, can--
(A) attract private sector investment to create and
retain much-needed jobs; and
(B) provide long-term, sustainable solutions to the
decades-old problem of limited access to healthy food
in underserved, low-income urban and rural communities;
and
(10) legislation establishing a national fund modeled on
the successful Pennsylvania Fresh Food Financing Initiative
will help address the obesity epidemic while also creating
much-needed jobs and economic revitalization, and solving the
healthy food access problem in hundreds of communities across
the United States.
SEC. 3. HEALTHY FOOD FINANCING INITIATIVE.
(a) In General.--Subtitle D of title II of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6951 et seq.) is
amended by adding at the end the following new section:
``SEC. 242. HEALTHY FOOD FINANCING INITIATIVE.
``(a) Purpose.--The purpose of this section is to enhance the
authorities of the Secretary to support efforts to provide access to
healthy food by establishing an initiative to improve access to healthy
foods in underserved areas, to create and preserve quality jobs, and to
revitalize low-income communities by providing loans and grants to
eligible fresh, healthy food retailers to overcome the higher costs and
initial barriers to entry in underserved areas.
``(b) Definitions.--In this section:
``(1) Community development financial institution.--The
term `community development financial institution' has the
meaning given the term in section 103 of the Community
Development Banking and Financial Institutions Act of 1994 (12
U.S.C. 4702).
``(2) Initiative.--The term `Initiative' means the Healthy
Food Financing Initiative established under subsection (c)(1).
``(3) National fund manager.--The term `national fund
manager' means a community development financial institution
that is--
``(A) in existence on the date of enactment of this
section; and
``(B) certified by the Community Development
Financial Institution Fund of the Department of
Treasury to manage the Initiative for purposes of--
``(i) raising private capital;
``(ii) providing financial and technical
assistance to partnerships; and
``(iii) funding eligible projects to
attract fresh, healthy food retailers to
underserved areas, in accordance with this
section.
``(4) Partnership.--The term `partnership' means a
regional, State, or local public-private partnership that--
``(A) is organized to improve access to fresh,
healthy foods;
``(B) provides financial and technical assistance
to eligible projects; and
``(C) meets such other criteria as the Secretary
may establish.
``(5) Perishable food.--The term `perishable food' means a
staple food that is fresh, refrigerated, or frozen.
``(6) Quality job.--The term `quality job' means a job that
provides wages and other benefits comparable to, or better
than, similar positions in existing businesses of similar size
in similar local economies.
``(7) Staple food.--
``(A) In general.--The term `staple food' means
food that is a basic dietary item.
``(B) Inclusions.--The term `staple food'
includes--
``(i) bread;
``(ii) flour;
``(iii) fruits;
``(iv) vegetables; and
``(v) meat.
``(c) Initiative.--
``(1) Establishment.--The Secretary shall establish an
initiative to achieve the purpose described in subsection (a)
in accordance with this subsection.
``(2) Implementation.--
``(A) In general.--
``(i) In general.--In carrying out the
Initiative, the Secretary shall provide funding
to entities with eligible projects, as
described in subparagraph (B), subject to the
priorities described in subparagraph (C).
``(ii) Use of funds.--Funds provided to an
entity pursuant to clause (i) shall be used--
``(I) to create revolving loan
pools of capital or other products to
provide loans to finance eligible
projects or partnerships;
``(II) to provide grants for
eligible projects or partnerships;
``(III) to provide technical
assistance to funded projects and
entities seeking Initiative funding;
and
``(IV) to cover administrative
expenses of the national fund manager
in an amount not to exceed 10 percent
of the Federal funds provided.
``(B) Eligible projects.--Subject to the approval
of the Secretary, the national fund manager shall
establish eligibility criteria for projects under the
Initiative, which shall include the existence or
planned execution of agreements--
``(i) to expand or preserve the
availability of staple foods in underserved
areas with moderate- and low-income populations
by maintaining or increasing the number of
retail outlets that offer an assortment of
perishable food and staple food items, as
determined by the Secretary, in those areas;
and
``(ii) to accept benefits under the
supplemental nutrition assistance program
established under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.).
``(C) Priorities.--In carrying out the Initiative,
priority shall be given to projects that--
``(i) are located in severely distressed
low-income communities, as defined by the
Community Development Financial Institutions
Fund of the Department of Treasury; and
``(ii) include 1 or more of the following
characteristics:
``(I) The project will create or
retain quality jobs for low-income
residents in the community.
``(II) The project supports
regional food systems and locally grown
foods, to the maximum extent
practicable.
``(III) In areas served by public
transit, the project is accessible by
public transit.
``(IV) The project involves women-
or minority-owned businesses.
``(V) The project receives funding
from other sources, including other
Federal agencies.
``(VI) The project otherwise
advances the purpose of this section,
as determined by the Secretary.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $125,000,000,
to remain available until expended.''.
(b) Conforming Amendment.--Section 296(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended--
(1) in paragraph (6), by striking ``or'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(8) the authority of the Secretary to establish and carry
out the Health Food Financing Initiative under section 242.''. | Healthy Food Financing Initiative - Amends the Department of Agriculture Reorganization Act of 1994 to direct the Secretary of Agriculture (USDA) to establish an initiative to improve access to healthy foods in underserved areas, create and preserve quality jobs, and revitalize low-income communities by providing loans and grants to eligible fresh food retailers to overcome the higher costs and initial entry barriers in underserved areas. Provides that funds shall be used to: (1) create revolving loan pools of capital and provide grants to finance eligible projects or partnerships, and (2) provide technical assistance and limited administrative expenses. Requires projects to accept SNAP (formerly known as food stamps) benefits. | {"src": "billsum_train", "title": "Healthy Food Financing Initiative"} | 2,143 | 147 | 0.460938 | 1.345929 | 0.637005 | 3.824 | 16.376 | 0.928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Jobs Act of 2015''.
SEC. 2. MODIFICATION OF RULES FOR TAX-EXEMPT ENTERPRISE ZONE FACILITY
BONDS.
(a) In General.--Clause (i) of section 1394(b)(3)(B) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``References'' and inserting the following:
``(I) In general.--Except as
provided in subclause (II),
references'', and
(2) by adding at the end the following new subclause:
``(II) Special rule for employee
residence test.--For purposes of
subsection (b)(6) and (c)(5) of section
1397C, an employee shall be treated as
a resident of an empowerment zone if
such employee is a resident of an
empowerment zone, an enterprise
community, or a qualified low-income
community within an applicable
nominating jurisdiction.''.
(b) Definitions.--
(1) Qualified low-income community.--Paragraph (3) of
section 1394(b) of the Internal Revenue Code of 1986 is amended
by redesignating subparagraphs (C) and (D) as subparagraphs (D)
and (E), respectively, and by inserting after subparagraph (B)
the following new subparagraph:
``(C) Qualified low-income community.--For purposes
of subparagraph (B)--
``(i) In general.--The term `qualified low-
income community' means any population census
tract if--
``(I) the poverty rate for such
tract is at least 20 percent, or
``(II) the median family income for
such tract does not exceed 80 percent
of statewide median family income (or,
in the case of a tract located within a
metropolitan area, metropolitan area
median family income if greater).
Subclause (II) shall be applied using
possessionwide median family income in the case
of census tracts located within a possession of
the United States.
``(ii) Targeted populations.--The Secretary
shall prescribe regulations under which 1 or
more targeted populations (within the meaning
of section 103(20) of the Riegle Community
Development and Regulatory Improvement Act of
1994) may be treated as a qualified low-income
communities.
``(iii) Areas not within census tracts.--In
the case of an area which is not tracted for
population census tracts, the equivalent county
divisions (as defined by the Bureau of the
Census for purposes of defining poverty areas)
shall be used for purposes of determining
poverty rates and median family income.
``(iv) Modification of income requirement
for census tracts within high migration rural
counties.--
``(I) In general.--In the case of a
population census tract located within
a high migration rural county, clause
(i)(II) shall be applied to areas not
located within a metropolitan area by
substituting `85 percent' for `80
percent'.
``(II) High migration rural
county.--For purposes of this clause,
the term `high migration rural county'
means any county which, during the 20-
year period ending with the year in
which the most recent census was
conducted, has a net out-migration of
inhabitants from the county of at least
10 percent of the population of the
county at the beginning of such
period.''.
(2) Applicable nominating jurisdiction.--Subparagraph (D)
of section 1394(b)(3) of such Code, as redesignated by
paragraph (1), is amended by adding at the end the following
new clause:
``(iii) Applicable nominating
jurisdiction.--The term `applicable nominating
jurisdiction' means, with respect to any
empowerment zone or enterprise community, any
local government that nominated such community
for designation under section 1391.''.
(c) Conforming Amendments.--
(1) Clause (iii) of section 1394(b)(3)(B) of such Code is
amended by striking ``or an enterprise community'' and
inserting ``, an enterprise community, or a qualified low-
income community within an applicable nominating
jurisdiction''.
(2) Subparagraph (D) of section 1394(b)(3) of such Code, as
redesignated by subsection (b)(1), is amended by striking
``Definitions'' and inserting ``Other definitions''.
(d) Effective Date.--The amendments made by this section shall
apply to bonds issued before, on, or after the date of the enactment of
this Act and not redeemed before the date of the enactment of this Act.
SEC. 3. EXTENSION OF EMPOWERMENT ZONE TAX INCENTIVES.
(a) In General.--Clause (i) of section 1391(d)(1)(A), as amended by
the Tax Increase Prevention Act of 2014, is amended by striking
``December 31, 2014'' and inserting ``December 31, 2016''.
(b) Treatment of Certain Termination Dates Specified in
Nominations.--In the case of a designation of an empowerment zone the
nomination for which included a termination date which is
contemporaneous with the date specified in subparagraph (A)(i) of
section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect
before the enactment of this Act), subparagraph (B) of such section
shall not apply with respect to such designation if, after the date of
the enactment of this section, the entity which made such nomination
amends the nomination to provide for a new termination date in such
manner as the Secretary of the Treasury (or the Secretary's designee)
may provide.
(c) Effective Dates.--The amendment made by subsection (a) shall
apply to periods after December 31, 2014. | Empowering Jobs Act of 2015 Amends the Internal Revenue Code, with respect to tax-exempt enterprise zone facility bonds and empowerment zones, to: (1) include as employees of a qualified business entity employees who are residents of an empowerment zone, an enterprise community, or a qualified low-income community; and (2) extend the period of designation for empowerment zones through December 31, 2016 (thus extending the eligibility of such zones for certain tax benefits). | {"src": "billsum_train", "title": "Empowering Jobs Act of 2015"} | 1,350 | 114 | 0.497301 | 1.259353 | 0.614982 | 2.741176 | 13.423529 | 0.788235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Patient Access to Clinical
Studies Act of 1997''.
SEC. 2. COVERAGE FOR INDIVIDUALS PARTICIPATING IN APPROVED CLINICAL
STUDIES.
(a) Amendments to ERISA.--Subpart B of part 7 of subtitle B of
title I of the Employee Retirement Income Security Act of 1974 (as
added by section 603(a) of the Newborns' and Mothers' Health Protection
Act of 1996 and amended by section 702(a) of the Mental Health Parity
Act of 1996) is amended by adding at the end the following new section:
``SEC. 713. COVERAGE FOR INDIVIDUALS PARTICIPATING IN APPROVED CLINICAL
STUDIES.
``(a) Permitting Participation in Approved Clinical Studies.--A
group health plan, and a health insurance issuer offering health
insurance coverage in connection with a group health plan, may not deny
(or limit or impose additional conditions on) the coverage of items and
services furnished to an enrollee if--
``(1) the enrollee is participating in an approved clinical
study,
``(2) the items and services are furnished according to the
design of the study or to treat conditions resulting from
participation in the study, and
``(3) the items and services would otherwise be covered
under the plan except for the fact that they are provided in
connection with participation in such a study.
Such a plan or issuer may not discriminate against an enrollee on the
basis of the enrollee's participation in such a study.
``(b) Construction.--Nothing in subsection (a) shall be construed
as requiring a group health plan, or a health insurance issuer offering
health insurance coverage in connection with a group health plan, to
provide for payment for items and services normally paid for as part of
an approved clinical study.
``(c) Approved Clinical Study Defined.--In this section, the term
`approved clinical study' means--
``(1) a research study approved by the Secretary of Health
and Human Services, the Director of the National Institutes of
Health, the Commissioner of the Food and Drug Administration,
the Secretary of Veterans Affairs, the Secretary of Defense, or
a qualified nongovernmental research entity (as defined in
guidelines of the National Institutes of Health), or
``(2) a peer-reviewed and approved research program, as
defined by the Secretary of Health and Human Services,
conducted for the primary purpose of determining whether or not
a treatment is safe, efficacious, or having any other
characteristic of a treatment which must be demonstrated in
order for the treatment to be medically necessary or
appropriate.''.
(b) Amendments to PHSA.--
(1) Group market.--Subpart 2 of part A of title XXVII of
the Public Health Service Act (as added by section 604(a) of
the Newborns' and Mothers' Health Protection Act of 1996 and
amended by section 703(a) of the Mental Health Parity Act of
1996) is amended by adding at the end the following new
section:
``SEC. 2706. COVERAGE FOR INDIVIDUALS PARTICIPATING IN APPROVED
CLINICAL STUDIES.
``(a) Permitting Participation in Approved Clinical Studies.--A
group health plan, and a health insurance issuer offering health
insurance coverage in connection with a group health plan, may not deny
(or limit or impose additional conditions on) the coverage of items and
services furnished to an enrollee if--
``(1) the enrollee is participating in an approved clinical
study,
``(2) the items and services are furnished according to the
design of the study or to treat conditions resulting from
participation in the study, and
``(3) the items and services would otherwise be covered
under the plan except for the fact that they are provided in
connection with participation in such a study.
Such a plan or issuer may not discriminate against an enrollee on the
basis of the enrollee's participation in such a study.
``(b) Construction.--Nothing in subsection (a) shall be construed
as requiring a group health plan, or a health insurance issuer offering
health insurance coverage in connection with a group health plan, to
provide for payment for items and services normally paid for as part of
an approved clinical study.
``(c) Approved Clinical Study Defined.--In this section, the term
`approved clinical study' means--
``(1) a research study approved by the Secretary of Health
and Human Services, the Director of the National Institutes of
Health, the Commissioner of the Food and Drug Administration,
the Secretary of Veterans Affairs, the Secretary of Defense, or
a qualified nongovernmental research entity (as defined in
guidelines of the National Institutes of Health), or
``(2) a peer-reviewed and approved research program, as
defined by the Secretary of Health and Human Services,
conducted for the primary purpose of determining whether or not
a treatment is safe, efficacious, or having any other
characteristic of a treatment which must be demonstrated in
order for the treatment to be medically necessary or
appropriate.''.
(2) Individual market.--Subpart 3 of part B of title XXVII
of the Public Health Service Act (as added by section 605(a) of
the Newborn's and Mother's Health Protection Act of 1996) is
amended by adding at the end the following new section:
``SEC. 2752. COVERAGE FOR INDIVIDUALS PARTICIPATING IN APPROVED
CLINICAL STUDIES.
``The provisions of section 2706 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
SEC. 3. EFFECTIVE DATE.
The amendment made by this Act shall apply--
(1) with respect to group health plans for plan years
beginning on or after January 1, 1998; and
(2) with respect to health insurance coverage offered,
sold, issued, renewed, in effect, or operated in the individual
market on or after January 1, 1998. | Improved Patient Access to Clinical Studies Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit a group health plan and a health insurance issuer offering coverage in connection with a group health plan from denying, limiting, or imposing additional conditions on coverage if: (1) the enrollee is participating in an approved clinical study; (2) the items and services are furnished according to the study's design or to treat conditions resulting from study participation; and (3) the items and services would otherwise be covered. Amends the Public Health Service Act to apply that prohibition to coverage offered by an issuer in the individual market. | {"src": "billsum_train", "title": "Improved Patient Access to Clinical Studies Act of 1997"} | 1,422 | 143 | 0.618676 | 1.709229 | 0.752175 | 5.839695 | 9.534351 | 0.923664 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historic Tax Credit Improvement Act
of 2015''.
SEC. 2. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL
PROJECTS.
(a) In General.--Section 47 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(e) Special Rule Regarding Certain Small Projects.--
``(1) In general.--In the case of any qualified
rehabilitated building or portion thereof--
``(A) which is placed in service after the date of
the enactment of this subsection, and
``(B) which is a small project,
subsection (a)(2) shall be applied by substituting `30 percent'
for `20 percent'.
``(2) Maximum credit.--The credit under this section (after
application of this subsection) with respect to any project for
all taxable years shall not exceed $750,000.
``(3) Small project.--
``(A) In general.--For purposes of this subsection,
the term `small project' means any certified historic
structure or portion thereof if--
``(i) the total qualified rehabilitation
expenditures taken into account for purposes of
this section with respect to the rehabilitation
do not exceed $3,750,000, and
``(ii) no credit was allowed under this
section for either of the two immediately
preceding taxable years with respect to such
building.
``(B) Progress expenditures.--Credit allowable by
reason of subsection (d) shall not be taken into
account under subparagraph (A)(ii).''.
(b) Effective Date.--The amendment made by this section shall apply
to periods after the date of the enactment of this Act, under rules
similar to the rules of section 48(m) of the Internal Revenue Code of
1986 (as in effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990).
SEC. 3. ALLOWANCE FOR THE TRANSFER OF CREDITS FOR CERTAIN SMALL
PROJECTS.
(a) In General.--Section 47(e) of the Internal Revenue Code of
1986, as added by section 2, is amended by adding at the end the
following new paragraph:
``(4) Transfer of small project credit.--
``(A) In general.--Subject to subparagraph (B) and
such regulations or other guidance as the Secretary may
provide, the taxpayer may transfer to any other
taxpayer all or a portion of the credit allowable to
the taxpayer under subsection (a) for a small project.
``(B) Certification.--A transfer under subparagraph
(A) shall be accompanied by a certificate which
includes--
``(i) the certification for the certified
historic structure,
``(ii) the taxpayer's name, address, and
tax identification number,
``(iii) the transferee's name, address, and
tax identification number,
``(iv) the date of project completion and
the amount of credit being transferred, and
``(v) such other information as may be
required by the Secretary.
``(C) Credit may only be transferred once.--A
credit transferred under subparagraph (A) is not
transferable by the transferee to any other taxpayer.
``(D) Tax treatment of transfer.--
``(i) Disallowance of deduction.--No
deduction shall be allowed for any amount of
consideration paid or incurred by the
transferee in return for the transfer of any
credit under this paragraph.
``(ii) Allowance of credit.--The amount of
credit transferred under subparagraph (A)--
``(I) shall not be allowed to the
transferor for any taxable year, and
``(II) shall be allowable to the
transferee as a credit under this
section for the taxable year of the
transferee in which such credit is
transferred.
``(E) Recapture and other special rules.--For
purposes of section 50, the transferee of a credit with
respect to a smaller project under this paragraph shall
be treated as the taxpayer with respect to the smaller
project.
``(F) Information reporting.--The transferor and
the transferee shall each make such reports regarding
the transfer of an amount of credit under paragraph
(A), and containing such information, as the Secretary
may require. The reports required by this subparagraph
shall be filed at such time and in such manner as may
be required by the Secretary.''.
(b) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 2015.
SEC. 4. INCREASING THE TYPE OF BUILDINGS ELIGIBLE FOR REHABILITATION.
(a) In General.--Section 47(c)(1)(C)(i)(I) of the Internal Revenue
Code of 1986 is amended by inserting ``50 percent of'' before ``the
adjusted basis''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2015.
SEC. 5. REDUCTION OF BASIS ADJUSTMENT FOR REHABILITATION PROPERTY.
(a) In General.--Section 50(c) of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(6) Special rule relating to the rehabilitation credit.--
In the case of any rehabilitation credit--
``(A) only 50 percent of such credit shall be taken
into account under paragraph (1), and
``(B) only 50 percent of any recapture amount
attributable to such credit shall be taken into account
under paragraph (2).''.
(b) Coordination With Basis Adjustment.--Subsection (d) of section
50 of the Internal Revenue Code of 1986 is amended by adding at the end
the following new sentence: ``For purposes of paragraph (5), in
applying the provisions of section 48(d)(5)(B) (as so in effect) to a
lease of property eligible for the credit under section 47, gross
income of the lessee of such property shall include, ratably over the
shortest recovery period applicable to such property under section 168,
an amount equal to 50 percent of the amount of the credit allowable
under section 38 to such lessee with respect to such property.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 6. SPECIAL RULES FOR DISPOSITIONS OF STATE HISTORIC TAX CREDITS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
139F the following new section:
``SEC. 139G. DISPOSITIONS OF STATE HISTORIC TAX CREDITS.
``(a) Exclusion From Income; Basis Reduction.--
``(1) In general.--In the case of a taxpayer who receives a
State historic tax credit and transfers such credit by sale,
allocation, or otherwise, or receives a refund of all or a
portion of such credit--
``(A) no portion of the net proceeds of such
allocation, disposition, or refund of such credit shall
constitute income to such taxpayer under section 61(a),
and
``(B) the taxpayer's basis for purposes of this
title in the property with respect to which the State
historic tax credit is allowed shall be reduced by the
net proceeds of such sale, allocation, disposition, or
refund under the rules of paragraph (2).
``(2) Application of reduction in basis.--
``(A) In general.--The reduction in basis under
paragraph (1)(b) shall be applied--
``(i) first, against the basis in the land,
``(ii) second, against so much of the basis
of any building or interest therein as was not
treated as a qualified rehabilitation
expenditure by reason of clause (ii) or (iii)
of section 47(c)(2)(B), and
``(iii) third, against the remaining basis
in the property.
``(B) Adjustment in basis of interest in
partnership or s corporation.--The adjusted basis of--
``(i) a partner's interest in a
partnership, or
``(ii) stock in an S corporation (as
defined in section 1361(a)(1)), shall be
appropriately adjusted to take into account
adjustments made under this paragraph in the
basis of property held by the partnership or S
corporation (if any).
``(b) Election To Include in Income.--
``(1) In general.--In the case of a taxpayer who elects to
have this subsection apply in lieu of subsection (a)--
``(A) the net proceeds of the allocation,
disposition, or refund described in subsection (a)(1)
shall constitute income to the taxpayer under section
61(a), and
``(B) subsection (a)(1)(B) shall not apply.
``(2) Making of election.--An election under this
subsection shall be made at such time and in such manner as the
Secretary may by regulation prescribe. Such election shall
apply for the taxable year for which it is made and for all
subsequent taxable years and may be revoked only with the
consent of the Secretary of the Treasury.
``(c) Effect on Qualified Rehabilitation Expenditures and
Rehabilitation Credits.--For purposes of determining the rehabilitation
credit allowable to a taxpayer under section 47, the transfer or
allocation of State historic tax credits with respect to any property
by a taxpayer shall not affect or reduce the amount of qualified
rehabilitation expenditures (as defined in section 47(c)(2)) taken into
account with such property, nor shall such transfer or disposition, or
any basis adjustment under subsection (a), be treated as an early
disposition of investment credit property for purposes of the recapture
provisions of section 50.
``(d) State Historic Tax Credit.--For purposes of this section, the
term `State historic tax credit' means any credit against State or
local tax liabilities which--
``(1) is allowable under the laws of any State or political
subdivision thereof to a taxpayer with respect to expenditures
made for the rehabilitation of property identified by such
laws, and
``(2) can be allocated, disposed, or refunded under such
laws.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 139F the
following new item:
``Sec. 139G. Dispositions of State historic tax credits.''.
(c) Effective Date.--This section shall apply to transfers or
dispositions made, or refunds received, after the date of the enactment
of this Act.
SEC. 7. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY.
(a) In General.--Section 47(c)(2)(B)(v)(I) of the Internal Revenue
Code of 1986 is amended by inserting ``, and subclauses (I), (II), and
(III) of section 168(h)(1)(B)(ii) shall not apply'' after ``thereof''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Historic Tax Credit Improvement Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax credit for the rehabilitation of buildings and historic structures, to: (1) allow an increased 30% credit, up to $750,000, for projects with rehabilitation expenditures not exceeding $3.75 million, for which no credit was allowed in either of the two immediately preceding taxable years (small projects); (2) allow the transfer of tax credit amounts for small projects; (3) treat a building as substantially rehabilitated if rehabilitation expenditures exceed the greater of 50% of the adjusted basis of the building or $5,000 (currently, the greater of the adjusted basis of the building or $5,000); (4) exempt from tax the proceeds of a state historic tax; and (5) limit the application of disqualified lease rules to tax-exempt use property. | {"src": "billsum_train", "title": "Historic Tax Credit Improvement Act of 2015"} | 2,602 | 172 | 0.587664 | 1.490595 | 0.872594 | 2.052941 | 13.311765 | 0.864706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breaking Addiction Act of 2014''.
SEC. 2. MEDICAID COMMUNITY-BASED INPATIENT SUBSTANCE USE DISORDER
TREATMENT DEMONSTRATION PROJECT.
(a) Authority.--The Secretary of Health and Human Services shall
establish a 5-year demonstration project (in this section referred to
as the ``demonstration project'') under which payment may be made to
each participating State (as described in subsection (b)), for any
medical assistance provided with respect to a qualified individual in a
community-based institution for mental diseases who is being treated in
such institution for a substance use condition.
(b) Participating States.--
(1) Eligibility.--A State is eligible to participate in the
demonstration project under this section if the State plan of
the State provides for payment under the plan for community-
based inpatient substance use disorder treatment services
furnished to qualified individuals.
(2) Application.--A State seeking to participate in the
demonstration project under this section shall submit to the
Secretary an application, at such time, in such form, and that
contains such information, provisions, and assurances, as the
Secretary may require.
(3) Selection.--The Secretary shall select, on a
competitive basis, from among the States that submit an
application under paragraph (1) to the satisfaction of the
Secretary, the States that will be participating in the
demonstration project. In selecting such participating States,
the Secretary shall seek to achieve an equitable geographic
distribution.
(c) Waiver Authority.--
(1) In general.--The Secretary shall waive the limitation
on payment for care and services imposed by the subdivision (B)
that follows paragraph (29) of section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) (relating to a limitation on
payments for care or services for any individual who is under
65 years of age and who is a patient in an institution for
mental diseases) with respect to payment for the medical
assistance described in subsection (a).
(2) Limited other waiver authority.--The Secretary may
waive other requirements of titles XI and XIX of the Social
Security Act (including the requirements of sections 1902(a)(1)
(relating to statewideness) (42 U.S.C. 1396a(a)(1)) and
1902(a)(10)(B) (relating to comparability) (42 U.S.C.
1396a(a)(10)(B)) of such Act) only to the extent necessary to
carry out the demonstration project under this section.
(d) Evaluation and Report to Congress.--
(1) Evaluation.--The Secretary shall conduct an evaluation
of the impact the demonstration project carried out under this
section has on the functioning of the health and substance use
disorder system and individuals enrolled in State plans under
the Medicaid program under title XIX of the Social Security
Act. The evaluation shall include each of the following:
(A) An assessment of the access such individuals
have to substance use disorder treatment services under
the demonstration project carried out under this
section, and with respect to such services, the average
lengths of inpatient stays and emergency room visits.
(B) An assessment of the discharge planning by the
health care providers furnishing such services.
(C) An assessment of the impact of the
demonstration project on the costs of the full range of
health care items and services, including inpatient,
emergency and ambulatory care, diversions from
inpatient and emergency care, and readmissions to
institutions for mental diseases.
(D) An analysis of the percentage of individuals
enrolled in such plans who are admitted to community-
based institutions for mental diseases as a result of
the demonstration project as compared to those admitted
to such institutions through other means.
(2) Report.--Not later than December 31, 2020, the
Secretary shall submit to Congress and make available to the
public a report that contains--
(A) the findings of the evaluation under paragraph
(1); and
(B) the recommendations of the Secretary regarding
whether--
(i) the limitation referred to in
subsection (c)(1) is a barrier to care that
needs to be reviewed by Congress; and
(ii) the demonstration project carried out
under this section should be continued after
December 31, 2020, and expanded on a national
basis.
(e) Funding.--
(1) Appropriation.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to carry out this
section, $300,000,000 for fiscal year 2015.
(2) 10-year availability.--Funds appropriated under
paragraph (1) shall remain available for obligation through
December 31, 2024.
(3) Funds allocated to states.--Funds shall be allocated to
participating States on the basis of criteria, including a
State's application and the availability of funds, as
determined by the Secretary.
(4) Payment to states.--For each calendar quarter beginning
on or after October 1, 2014, the Secretary shall pay to each
participating State, from the allocation made to the State
under paragraph (3), an amount equal to the Federal medical
assistance percentage of the amount expended during such
quarter for the medical assistance described in subsection (a).
(5) Limitation on payments.--In no case may--
(A) the aggregate amount of payments made by the
Secretary to participating States under this section
exceed $300,000,000; or
(B) payments be made by the Secretary to
participating States under this section after December
31, 2024.
(f) Definitions.--In this section:
(1) Federal medical assistance percentage.--The term
``Federal medical assistance percentage'' has the meaning given
such term in section 1905(b) of the Social Security Act (42
U.S.C. 1396d(b)).
(2) Institution for mental diseases.--The term
``institution for mental diseases'' has the meaning given such
term in section 1905(i) of the Social Security Act (42 U.S.C.
1396d(i)).
(3) Medical assistance.--The term ``medical assistance''
has the meaning given such term in section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)).
(4) Qualified individual.--The term ``qualified
individual'' means an individual who, because of the
individual's substance use condition, requires substance use
disorder treatment and who--
(A) is over 21 years of age and under 65 years of
age; and
(B) is eligible for medical assistance under the
State plan under the Medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.).
(5) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.). | Breaking Addiction Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to establish a five-year demonstration project under which payment may be made to each participating state for any medical assistance provided with respect to a qualified individual being treated for a substance use condition in a community-based institution for mental diseases. | {"src": "billsum_train", "title": "Breaking Addiction Act of 2014"} | 1,500 | 73 | 0.582133 | 1.435184 | 1.056752 | 4.857143 | 21.492063 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring America's Watersheds Act
of 2014''.
SEC. 2. WATER SOURCE PROTECTION PROGRAM.
Subtitle A of title III of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1126) is amended by adding at the
end the following:
``SEC. 3002. WATER SOURCE PROTECTION PROGRAM.
``(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service (referred to in this section as the
`Secretary'), shall establish and maintain a Water Source Protection
Program (referred to in this section as the `Program') within the
National Forest System west of the 100th Meridian.
``(b) Water Source Investment Partnerships.--
``(1) In general.--In carrying out the Program, the
Secretary may enter into water source investment partnerships
with end water users (including States, political subdivisions,
Indian tribes, utilities, municipal water systems, irrigation
districts, nonprofit organizations, and corporations) to
protect and restore the condition of National Forest watersheds
that provide water to the non-Federal partners.
``(2) Form.--A partnership described in paragraph (1) may
take the form of memoranda of understanding, cost-share or
collection agreements, long-term match funding commitments, or
other appropriate instruments.
``(c) Water Source Management Plan.--
``(1) In general.--In carrying out the Program, the
Secretary may produce a water source management plan in
cooperation with the water source investment partnership
participants and State, local, and tribal governments.
``(2) Firewood.--A water source management plan may give
priority to projects that facilitate the gathering of firewood
for personal use pursuant to section 223.5 of title 36, Code of
Federal Regulations (or successor regulations).
``(3) Environmental analysis.--The Secretary may conduct--
``(A) a single environmental impact statement or
similar analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for all or part of the restoration projects in
the water source management plan; and
``(B) a statement or analysis described in
subparagraph (A) as part of the development of the
water source management plan or after the finalization
of the plan.
``(4) Endangered species act.--In carrying out the Program,
the Secretary may use the Manual on Adaptive Management of the
Department of the Interior, including any associated guidance,
for purposes of fulfilling any requirements under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
``(5) Funds and services.--
``(A) In general.--In carrying out the Program, the
Secretary may accept and use funding, services, and
other forms of investment and assistance from water
source investment partnership participants to implement
the water source management plan.
``(B) Manner of use.--The Secretary may accept and
use investments described in subparagraph (A) directly
or indirectly through the National Forest Foundation.
``(C) Water source protection fund.--
``(i) In general.--Subject to the
availability of appropriations, the Secretary
may establish a Water Source Protection Fund to
match funds or in-kind support contributed by
water source investment partnership
participants under subparagraph (A).
``(ii) Use of appropriated funds.--The
Secretary may use funds appropriated to carry
out this subparagraph to make multiyear
commitments, if necessary, to implement 1 or
more water source investment partnership
agreements.''.
SEC. 3. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION PROGRAM.
(a) In General.--The Secretary of Agriculture shall establish and
maintain a Forest Service Legacy Roads and Trails Remediation Program
(referred to in this section as the ``Program'') within the National
Forest System west of the 100th Meridian--
(1) to carry out critical maintenance and urgent repairs
and improvements on National Forest System roads, trails, and
bridges;
(2) to restore fish and other aquatic organism passage by
removing or replacing unnatural barriers to the passage of fish
and other aquatic organisms;
(3) to decommission unneeded roads and trails; and
(4) to carry out associated activities.
(b) Priority.--In implementing the Program, the Secretary shall
give priority to projects that protect or restore--
(1) water quality;
(2) watersheds that feed public drinking water systems; or
(3) habitat for threatened, endangered, and sensitive fish
and wildlife species.
(c) National Forest System.--Except as authorized under section 323
of title III of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 1011a), all projects carried out
under the Program shall be on National Forest System roads.
(d) National Program Strategy.--Not later than 180 days after the
date of enactment of this Act, the Chief of the Forest Service shall
develop a national strategy for implementing the Program.
SEC. 4. WATERSHED CONDITION FRAMEWORK.
Subtitle A of title III of the Omnibus Public Land Management Act
of 2009 (as amended by section 2) is amended by adding at the end the
following:
``SEC. 3003. WATERSHED CONDITION FRAMEWORK.
``(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service (referred to in this section as the
`Secretary'), shall establish and maintain a Watershed Condition
Framework within the National Forest System west of the 100th
Meridian--
``(1) to evaluate and classify the condition of watersheds,
taking into consideration--
``(A) water quality and quantity;
``(B) aquatic habitat and biota;
``(C) riparian and wetland vegetation;
``(D) the presence of roads and trails;
``(E) soil type and condition;
``(F) groundwater-dependent ecosystems;
``(G) relevant terrestrial indicators, such as fire
regime, risk of catastrophic fire, forest and rangeland
vegetation, invasive species, and insects and disease;
and
``(H) other significant factors, as determined by
the Secretary;
``(2) to identify for restoration up to 5 priority
watersheds in each National Forest, and up to 2 priority
watersheds in each national grassland, taking into
consideration the impact of the condition of the watershed
condition on--
``(A) wildfire behavior;
``(B) flood risk;
``(C) fish and wildlife;
``(D) drinking water supplies;
``(E) irrigation water supplies;
``(F) forest-dependent communities; and
``(G) other significant impacts, as determined by
the Secretary;
``(3) to develop a watershed restoration action plan for
each priority watershed that--
``(A) takes into account existing restoration
activities being implemented in the watershed; and
``(B) includes, at a minimum--
``(i) the major stressors responsible for
the impaired condition of the watershed;
``(ii) a set of essential projects that,
once completed, will address the identified
stressors and improve watershed conditions;
``(iii) a proposed implementation schedule;
``(iv) potential partners and funding
sources; and
``(v) a monitoring and evaluation program;
``(4) to prioritize restoration activities for each
watershed restoration action plan;
``(5) to implement each watershed restoration action plan;
and
``(6) to monitor the effectiveness of restoration actions
and indicators of watershed health.
``(b) Coordination.--Throughout the process described in subsection
(a), the Secretary shall--
``(1) coordinate with interested non-Federal landowners and
with State, tribal, and local governments within the relevant
watershed; and
``(2) provide for an active and ongoing public engagement
process.
``(c) Emergency Designation.--Notwithstanding subsection (a)(2),
the Secretary may identify a watershed as a priority for rehabilitation
in the Watershed Condition Framework without using the process
described in subsection (a), if a Forest Supervisor determines that--
``(1) a wildfire has significantly diminished the condition
of the watershed; and
``(2) the emergency stabilization activities of the Burned
Area Emergency Response Team are insufficient to return the
watershed to proper function.''.
SEC. 5. REAUTHORIZATION OF THE COLLABORATIVE FOREST LANDSCAPE
RESTORATION FUND.
Section 4003(f)(6) of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303(f)(6)) is amended by striking ``2019, to remain
available until expended'' and inserting ``2014, and $80,000,000 for
each of fiscal years 2015 through 2024, to remain available until
expended''. | Restoring America's Watersheds Act of 2014 - Directs the Forest Service to establish a Water Source Protection Program within the region of the National Forest System west of the 100th Meridian. Authorizes the Secretary of Agriculture (USDA) to enter into water source investment partnerships with specified end water users to protect and restore the condition of National Forest watersheds that provide water to non-federal partners. Allows the Secretary to produce a water source management plan. Directs the Secretary to establish a Forest Service Legacy Roads and Trails Remediation Program within such region to: carry out critical maintenance and urgent repairs and improvements on National Forest System roads, trails, and bridges; restore fish and other aquatic organism passage by removing or replacing unnatural barriers to the passage of fish and other aquatic organisms; decommission unneeded roads and trails; and carry out associated activities. Requires the Chief of the Forest Service to develop a national strategy to implement the Remediation Program. Directs the Forest Service to establish a Watershed Condition Framework within such region to: evaluate and classify the condition of watersheds, identify for restoration up to five priority watersheds in each National Forest and up to two priority watersheds in each national grassland, develop a watershed restoration action plan for each priority watershed, prioritize restoration activities for each watershed restoration action plan, implement each watershed restoration action plan, and monitor the effectiveness of restoration actions and indicators of watershed health. Reauthorizes the Collaborative Forest Landscape Restoration Fund for FY2015-FY2024. | {"src": "billsum_train", "title": "Restoring America's Watersheds Act of 2014"} | 1,999 | 337 | 0.501431 | 1.420472 | 0.841284 | 4.859155 | 6.471831 | 0.908451 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anticounterfeiting Act of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) American innovation, and the protection of that
innovation by the government, has been a critical component of
the economic growth of this Nation throughout the history of
the Nation;
(2) copyright-based industries represent one of the most
valuable economic assets of this country, contributing over 5
percent of the gross domestic product of the United States and
creating significant job growth and tax revenues;
(3) the American intellectual property sector employs
approximately 4,300,000 people, representing over 3 percent of
total United States employment;
(4) the proliferation of organized criminal counterfeiting
enterprises threatens the economic growth of United States
copyright industries;
(5) the American intellectual property sector has invested
millions of dollars to develop highly sophisticated
authentication features that assist consumers and law
enforcement in distinguishing genuine intellectual property
products and packaging from counterfeits;
(6) in order to thwart these industry efforts,
counterfeiters traffic in, and tamper with, genuine
authentication features, for example, by obtaining genuine
authentication features through illicit means and then
commingling these features with counterfeit software or
packaging;
(7) Federal law does not provide adequate civil and
criminal remedies to combat tampering activities that directly
facilitate counterfeiting crimes; and
(8) in order to strengthen Federal enforcement against
counterfeiting of copyrighted works, Congress must enact
legislation that--
(A) prohibits trafficking in, and tampering with,
authentication features of copyrighted works; and
(B) permits aggrieved parties an appropriate civil
cause of action.
SEC. 3. PROHIBITION AGAINST TRAFFICKING IN ILLICIT AUTHENTICATION
FEATURES.
(a) In General.--Section 2318 of title 18, United States Code, is
amended--
(1) by striking the heading and inserting ``Trafficking in
counterfeit labels, illicit authentication features, or
counterfeit documentation or packaging'';
(2) by striking subsection (a) and inserting the following:
``(a) Whoever, in any of the circumstances described in subsection
(c), knowingly traffics in--
``(1) a counterfeit label affixed to, or designed to be
affixed to--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other
audiovisual work; or
``(D) documentation or packaging;
``(2) an illicit authentication feature affixed to or
embedded in, or designed to be affixed to or embedded in--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other
audiovisual work; or
``(D) documentation or packaging; or
``(3) counterfeit documentation or packaging, shall be
fined under this title or imprisoned for not more than 5 years,
or both.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3)--
(i) by striking ``and `audiovisual work'
have'' and inserting the following: ``,
`audiovisual work', and `copyright owner'
have''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) the term `authentication feature' means any hologram,
watermark, certification, symbol, code, image, sequence of
numbers or letters, or other physical feature that either
individually or in combination with another feature is used by
the respective copyright owner to verify that a phonorecord, a
copy of a computer program, a copy of a motion picture or other
audiovisual work, or documentation or packaging is not
counterfeit or otherwise infringing of any copyright;
``(5) the term `documentation or packaging' means
documentation or packaging for a phonorecord, copy of a
computer program, or copy of a motion picture or other
audiovisual work; and
``(6) the term `illicit authentication feature' means an
authentication feature, that--
``(A) without the authorization of the respective
copyright owner has been tampered with or altered so as
to facilitate the reproduction or distribution of--
``(i) a phonorecord;
``(ii) a copy of a computer program;
``(iii) a copy of a motion picture or other
audiovisual work; or
``(iv) documentation or packaging;
in violation of the rights of the copyright owner under
title 17;
``(B) is genuine, but has been distributed, or is
intended for distribution, without the authorization of
the respective copyright owner; or
``(C) appears to be genuine, but is not.'';
(4) in subsection (c)--
(A) by striking paragraph (3) and inserting the
following:
``(3) the counterfeit label or illicit authentication
feature is affixed to, is embedded in, or encloses, or is
designed to be affixed to, to be embedded in, or to enclose--
``(A) a phonorecord of a copyrighted sound
recording;
``(B) a copy of a copyrighted computer program;
``(C) a copy of a copyrighted motion picture or
other audiovisual work; or
``(D) documentation or packaging; or''; and
(B) in paragraph (4), by striking ``for a computer
program'';
(5) in subsection (d)--
(A) by inserting ``or illicit authentication
features'' after ``counterfeit labels'' each place it
appears;
(B) by inserting ``or illicit authentication
features'' after ``such labels''; and
(C) by inserting before the period at the end the
following: ``, and of any equipment, device, or
materials used to manufacture, reproduce, or assemble
the counterfeit labels or illicit authentication
features''; and
(6) by adding at the end the following:
``(f) Civil Remedies for Violation.--
``(1) In general.--Any copyright owner who is injured by a
violation of this section or is threatened with injury, may
bring a civil action in an appropriate United States district
court.
``(2) Discretion of court.--In any action brought under
paragraph (1), the court--
``(A) may grant 1 or more temporary or permanent
injunctions on such terms as the court determines to be
reasonable to prevent or restrain violations of this
section;
``(B) at any time while the action is pending, may
order the impounding, on such terms as the court
determines to be reasonable, of any article that is in
the custody or control of the alleged violator and that
the court has reasonable cause to believe was involved
in a violation of this section; and
``(C) may award to the injured party--
``(i) reasonable attorney fees and costs;
and
``(ii)(I) actual damages and any additional
profits of the violator, as provided by
paragraph (3); or
``(II) statutory damages, as provided by
paragraph (4).
``(3) Actual damages and profits.--
``(A) In general.--The injured party is entitled to
recover--
``(i) the actual damages suffered by the
injured party as a result of a violation of
this section, as provided by subparagraph (B);
and
``(ii) any profits of the violator that are
attributable to a violation of this section and
are not taken into account in computing the
actual damages.
``(B) Calculation of damages.--The court shall
calculate actual damages by multiplying--
``(i) the value of the phonorecords or
copies to which counterfeit labels, illicit
authentication features, or counterfeit
documentation or packaging were affixed or
embedded, or designed to be affixed or
embedded; by
``(ii) the number of phonorecords or copies
to which counterfeit labels, illicit
authentication features, or counterfeit
documentation or packaging were affixed or
embedded, or designed to be affixed or
embedded, unless such calculation would
underestimate the actual harm suffered by the
copyright owner.
``(C) Definition.--For purposes of this paragraph,
the term `value of the phonorecord or copy' means--
``(i) the retail value of an authorized
phonorecord of a copyrighted sound recording;
``(ii) the retail value of an authorized
copy of a copyrighted computer program; or
``(iii) the retail value of a copy of a
copyrighted motion picture or other audiovisual
work.
``(4) Statutory damages.--The injured party may elect, at
any time before final judgment is rendered, to recover, instead
of actual damages and profits, an award of statutory damages
for each violation of this section in a sum of not less than
$2,500 or more than $25,000, as the court considers
appropriate.
``(5) Subsequent violation.--The court may increase an
award of damages under this subsection by 3 times the amount
that would otherwise be awarded, as the court considers
appropriate, if the court finds that a person has subsequently
violated this section within 3 years after a final judgment was
entered against that person for a violation of this section.
``(6) Limitation on actions.--A civil action may not be
commenced under this section unless it is commenced within 3
years after the date on which the claimant discovers the
violation.
``(g) Other Rights Not Affected.--Nothing in this section shall
enlarge, diminish, or otherwise affect liability under section 1201 or
1202 of title 17.''.
(b) Technical and Conforming Amendment.--The item relating to
section 2318 in the table of sections at the beginning of chapter 113
of title 18, United States Code, is amended by inserting ``or illicit
authentication features'' after ``counterfeit labels''.
Passed the Senate December 8, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 2227
_______________________________________________________________________
AN ACT
To prevent and punish counterfeiting and copyright piracy, and for
other purposes. | Anticounterfeiting Act of 2004 - Amends the Federal criminal code to prohibit trafficking in an "illicit authentication feature." Defines that term to mean an authentication feature that: (1) has been tampered with or altered without authorization so as to facilitate the reproduction or distribution of a phono-record, a copy of a computer program, motion picture or other audiovisual work, or documentation or packaging, in violation of the rights of the copyright owner; (2) is genuine, but has been distributed or is intended for distribution without authorization; or (3) appears to be genuine but is not.
Authorizes a copyright owner who is injured by a violation of this Act or is threatened with injury to bring a civil action in an appropriate U.S. district court. Allows the court to: (1) grant temporary or permanent injunctions to prevent or restrain violations; (2) order the impounding of an article in the custody or control of the alleged violator that the court has reasonable cause to believe was involved in a violation; and (3) award to the injured party reasonable attorney fees and costs, actual damages and any additional profits of the violator, or statutory damages. Authorizes: (1) the injured party to elect to recover, instead of actual damages and profits, an award of statutory damages of between $2,500 and $25,000 for each violation; and (2) the court to increase a damage award by three times the amount that would otherwise be awarded upon finding that a person has violated this Act within three years after a final judgment was entered for a previous violation. Sets a three-year statute of limitations from discovery of the violation. | {"src": "billsum_train", "title": "A bill to prevent and punish counterfeiting and copyright piracy, and for other purposes."} | 2,379 | 356 | 0.533455 | 1.805634 | 0.682244 | 3.753125 | 7.00625 | 0.921875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bottled Water Quality Information
Act''.
SEC. 2. BOTTLED WATER QUALITY REPORTS AND LABELING.
(a) In General.--Section 410 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 349) is amended by adding at the end the
following:
``(c) Bottled Water Quality Reports.--
``(1) In general.--The Secretary shall, by regulation,
require bottled water quality reports in accordance with
paragraph (3).
``(2) Regulations.--In carrying out paragraph (1), the
Secretary shall--
``(A) issue proposed regulations not later than 18
months after the date of enactment of this subsection;
and
``(B) issue final regulations not later than 18
months after the period for public comment on such
proposed regulations has ended.
``(3) Requirements.--The regulations promulgated under
paragraph (1) shall require that each bottled water
manufacturer or distributor annually prepare, and make
available upon request, a bottled water quality report for each
bottled water product that includes--
``(A) the name and contact information of the
bottled water manufacturer or distributor;
``(B) the type of water source (such as a spring,
an artesian well, or a public water system);
``(C) a brief and plainly worded definition of the
terms `Standard of Identity (SOI)' as described in
section 165.110(a) of the Code of Federal Regulations,
title 21 (or any successor regulations) and `Standard
of Quality (SOQ)' as defined in section 165.110(b) of
the Code of Federal Regulations, title 21 (or any
successor regulations) and as applied to bottled water
under this Act and applicable regulations;
``(D) a brief description of the primary processing
(treatment) methods used by the bottled water
manufacturer (such as reverse osmosis, ozonation,
ultraviolet light, and micron filtration); and
``(E) test results for the microbiological,
physical, chemical, and radiological quality of bottled
water, as prescribed by section 165.110(b) of the Code
of Federal Regulations, title 21 (or any successor
regulation).
``(d) Bottled Water Labeling.--
``(1) In general.--The Secretary shall, by regulation,
require each bottled water label to include the information
prescribed under paragraph (3).
``(2) Regulations.--In carrying out paragraph (1), the
Secretary shall--
``(A) issue proposed regulations not later than 18
months after the date of enactment of this subsection;
and
``(B) issue final regulations not later than 18
months after the period for public comment on such
proposed regulations has ended.
``(3) Requirements.--The regulations promulgated under
paragraph (1) shall require that each bottled water label
include--
``(A) the name and contact information of the
bottled water manufacturer or distributor;
``(B) a statement on how consumers may obtain, upon
request, a bottled water quality report as described in
subsection (c)(3); and
``(C) the type of water source (such as a spring,
artesian well, or public water system).
``(4) Multiservice containers.--For refillable and reusable
multiservice containers, the requirements in paragraph (3) may
be satisfied by including the required information on one or
more of the following:
``(A) The container label.
``(B) The cap label.
``(C) An electronic or manual billing statement
provided to the consumer.
``(e) National Uniform Labeling.--No State or political subdivision
of a State may directly or indirectly establish or continue in effect
any requirement with respect to a bottled water quality report of the
type required under subsection (c), or with respect to bottled water
labeling of the type required under subsection (d), that is not
identical to the requirements of subsection (c) or (d),
respectively.''.
(b) Prohibited Act.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(ddd) The failure by a bottled water manufacturer or distributor
to maintain an annual bottled water quality report in accordance with
section 410(c).''.
(c) Misbranding.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(z) If it is bottled water and its label fails to include the
information required by section 410(d).''. | Bottled Water Quality Information Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS) to issue regulations requiring each bottled water manufacturer or distributor to annually prepare a report that includes the following: the manufacturer’s or distributor’s name and contact information; type of water source; a plainly worded definition of “Standard of Identity” and “Standard of Quality” as prescribed in current bottled water regulations; a brief description of primary treatment methods used; and test results for the water’s microbiological, physical, chemical, and radiological quality. Requires the Secretary to issue regulations requiring each bottled water label to include the following: the manufacturer’s or distributor’s name and contact information, a statement notifying consumers how to obtain the quality report required by this Act, and type of water source. Prescribes means by which refillable and reusable multiservice containers may fulfill this Act’s requirements. Preempts inconsistent state or local reporting or labeling requirements. Prohibits the distribution of bottled water products not in compliance with this Act. | {"src": "billsum_train", "title": "Bottled Water Quality Information Act"} | 1,076 | 293 | 0.610256 | 1.718632 | 0.872658 | 2.215 | 4.895 | 0.795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Partnerships for Wellness Act''.
SEC. 2. GRANTS TO SUPPORT PHYSICAL ACTIVITY AND NUTRITION.
(a) In General.--From the amounts appropriated to carry out this
section, the Secretary of Agriculture shall award grants to eligible
entities, on a competitive basis, for projects that leverage community
resources and support student access to physical activity, nutrition
education, and nutritious foods during the regular school calendar.
(b) Application.--
(1) In general.--Each eligible entity that desires to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require,
including--
(A) a community-involvement plan described in
paragraph (2);
(B) a description of the partners of the eligible
entity that will be involved in the implementation of
the community-involvement plan;
(C) a description of the roles that will be played
by each partner of the eligible entity in the
implementation of the community-involvement plan,
including a description of the services that will be
provided by each partner of the eligible entity; and
(D) a description of how funds received under this
section will be integrated with other Federal, State,
and local funds to maximize services and opportunities
for students, their families, and the community to be
served by the eligible entity, including a description
of how funds received under this section will be
distributed and utilized.
(2) Community involvement plan.--
(A) In general.--To be eligible to receive a grant
under this section, an eligible entity shall develop a
plan for leveraging resources, services, and
opportunities available within the community to be
served by the eligible entity in order to increase,
during the regular school calendar, student access to
physical activity, and nutrition education, and
nutritious foods.
(B) Requirements.--The community-involvement plan
shall include--
(i) a needs assessment based on guidelines
established by the Secretary that describes the
need for access to physical activity, nutrition
education, and nutritious foods, during the
regular school calendar, of students served by
the local educational agency that is partner of
the eligible entity;
(ii) a description of the potential
resources, services, and opportunities
available within the community to be served by
the eligible entity, or available near the
community, that the students, the families of
such students, and individuals in the community
may be able to access to meet the needs
identified under clause (i);
(iii) a description of the role of each of
the partners of the eligible entity in
providing services described in subsection (c)
to the students and families of the students;
(iv) a strategy for linking students and
the parents and families of the students with
the opportunities for services available
through the eligible entity; and
(v) a strategy for evaluating the impact of
services that will be provided to students and
their families through the eligible entity,
including--
(I) a description of the resources,
supports, and opportunities that will
be leveraged from the community to
provide such services;
(II) a description of how progress
in increasing student access to
physical activity, nutrition education,
and nutritious food will be measured;
and
(III) a description of how the
impact of increasing student access to
physical activity, nutrition education,
and nutritious food will be measured.
(c) Uses of Funds.--An eligible entity receiving a grant under this
section shall use the funds to carry out 1 or more of the following
services:
(1) Increasing, during the regular school calendar, student
access to physical activity, including through short bouts of
physical activity in the classroom and structured physical
activities that are taught and led by trained adults during
recess.
(2) Increasing, during the regular school calendar, student
access to nutrition education, including nutrition education
provided through the community by local nutritionists, or other
health care providers.
(3) Increasing, during the regular school calendar, student
access to nutritious foods, including through food
demonstrations with local chefs and restaurants.
(d) Matching Requirement.--To be eligible to receive a grant under
this section, an eligible entity shall agree to provide non-Federal
contributions in an amount equal to not less than 50 percent of the
amount of Federal funds provided under a grant under this section.
(e) Duration.--A grant under this section shall be awarded for a
period of not more than 3 years.
(f) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, any other
Federal, State, or local funds that would otherwise be available to
carry out the services assisted under this section.
(g) Reporting.--Each eligible entity that receives a grant under
this section shall, on an annual basis during each year of the grant
period, report to the Secretary on--
(1) the number and type of, and the roles played by,
partners of the eligible entity involved in the development and
implementation of the entity's community-involvement plan
described in subsection (b)(2);
(2) the services coordinated or provided under the
community-involvement plan; and
(3) a description of the degree to which the eligible
entity has made progress in increasing student access to
physical activity, nutrition education, and nutritious foods as
a result of the services provided under the community-
development plan.
(h) Definitions.--For purposes of this section:
(1) Child-and-youth-serving organization.--The term
``child-and-youth-serving organization'' means a public or
private organization with a primary focus on providing to
children and youth, youth development programs, or health,
fitness, education, child welfare, psychological, parenting, or
recreation services.
(2) Community-based organization.--The term ``community-
based organization'' means a public or private nonprofit
organization of demonstrated effectiveness that--
(A) is representative of a community or significant
segments of a community; and
(B) provides nutrition, nutrition education, or
physical fitness services, or other related services to
individuals in the community.
(3) During the regular school calendar.--The phrase
``during the regular school calendar'' refers to a period
during the regular school calendar during school hours.
(4) Eligible entity.--
(A) In general.--The term ``eligible entity'' means
a local educational agency participating in the lunch
program under the Richard B. Russell National School
Lunch Act and the breakfast program under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) that has established a partnership with 1 or more
entities described in subparagraph (B).
(B) Entities.--The entities described in this
subparagraph are as follows:
(i) A community-based organization.
(ii) A child-and-youth-serving organization
or agency.
(iii) An institution of higher education.
(iv) A hospital or health care provider.
(v) Other business or community partner.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture. | Partnerships for Wellness Act - Directs the Secretary of Agriculture to award competitive matching grants to local educational agencies (LEAs) participating in the school lunch and breakfast programs for projects that leverage community resources to increase student access to physical activity, nutrition education, and nutritious foods during the regular school calendar.
Requires LEA grantees to partner with a community-based organization, a child- and youth-serving organization, an institution of higher education, a health care provider, or another business or community partner in implementing such projects. | {"src": "billsum_train", "title": "To direct the Secretary of Agriculture to award grants to eligible entities for projects that leverage community resources and support student access to physical activity, nutrition education, and nutritious foods during the regular school calendar."} | 1,618 | 117 | 0.564667 | 1.327199 | 0.585305 | 3.575758 | 15.656566 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Immunosuppressive Drug
Coverage for Transplant Patients Act of 2005''.
SEC. 2. PROVISION OF APPROPRIATE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS
UNDER THE MEDICARE PROGRAM FOR ORGAN TRANSPLANT
RECIPIENTS.
(a) Continued Entitlement to Immunosuppressive Drugs.--
(1) Kidney transplant recipients.--Section 226A(b)(2) of
the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by
inserting ``(except for coverage of immunosuppressive drugs
under section 1861(s)(2)(J))'' after ``shall end''.
(2) Other transplant recipients.--The flush matter
following paragraph (2)(C)(ii)(II) of section 226(b) of the
Social Security Act (42 U.S.C. 426(b)) is amended by striking
``of this subsection)'' and inserting ``of this subsection and
except for coverage of immunosuppressive drugs under section
1861(s)(2)(J))''.
(3) Application.--Section 1836 of the Social Security Act
(42 U.S.C. 1395o) is amended--
(A) by striking ``Every individual who'' and
inserting ``(a) In General.--Every individual who'';
and
(B) by adding at the end the following new
subsection:
``(b) Special Rules Applicable to Individuals Only Eligible for
Coverage of Immunosuppressive Drugs.--
``(1) In general.--In the case of an individual whose
eligibility for benefits under this title has ended except for
the coverage of immunosuppressive drugs by reason of section
226(b) or 226A(b)(2), the following rules shall apply:
``(A) The individual shall be deemed to be enrolled
under this part for purposes of receiving coverage of
such drugs.
``(B) The individual shall be responsible for the
full amount of the premium under section 1839 in order
to receive such coverage.
``(C) The provision of such drugs shall be subject
to the application of--
``(i) the deductible under section 1833(b);
and
``(ii) the coinsurance amount applicable
for such drugs (as determined under this part).
``(D) If the individual is an inpatient of a
hospital or other entity, the individual is entitled to
receive coverage of such drugs under this part.
``(2) Establishment of procedures in order to implement
coverage.--The Secretary shall establish procedures for--
``(A) identifying beneficiaries that are entitled
to coverage of immunosuppressive drugs by reason of
section 226(b) or 226A(b)(2); and
``(B) distinguishing such beneficiaries from
beneficiaries that are enrolled under this part for the
complete package of benefits under this part.''.
(4) Technical amendment.--Subsection (c) of section 226A of
the Social Security Act (42 U.S.C. 426-1), as added by section
201(a)(3)(D)(ii) of the Social Security Independence and
Program Improvements Act of 1994 (Public Law 103-296; 108 Stat.
1497), is redesignated as subsection (d).
(b) Extension of Secondary Payer Requirements for ESRD
Beneficiaries.--Section 1862(b)(1)(C) of the Social Security Act (42
U.S.C. 1395y(b)(1)(C)) is amended by adding at the end the following
new sentence: ``With regard to immunosuppressive drugs furnished on or
after the date of enactment of the Comprehensive Immunosuppressive Drug
Coverage for Transplant Patients Act of 2005, this subparagraph shall
be applied without regard to any time limitation.''.
(c) Effective Date.--The amendments made by this section shall
apply to drugs furnished on or after the date of enactment of this Act.
SEC. 3. PLANS REQUIRED TO MAINTAIN COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.
(a) Application to Certain Health Insurance Coverage.--
(1) In general.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
amended by adding at the end the following:
``SEC. 2707. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.
``A group health plan (and a health insurance issuer offering
health insurance coverage in connection with a group health plan) shall
provide coverage of immunosuppressive drugs that is at least as
comprehensive as the coverage provided by such plan or issuer on the
day before the date of enactment of the Comprehensive Immunosuppressive
Drug Coverage for Transplant Patients Act of 2005, and such requirement
shall be deemed to be incorporated into this section.''.
(2) Conforming amendment.--Section 2721(b)(2)(A) of the
Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is
amended by inserting ``(other than section 2707)'' after
``requirements of such subparts''.
(b) Application to Group Health Plans and Group Health Insurance
Coverage Under the Employee Retirement Income Security Act of 1974.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following new section:
``SEC. 714. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.
``A group health plan (and a health insurance issuer offering
health insurance coverage in connection with a group health plan) shall
provide coverage of immunosuppressive drugs that is at least as
comprehensive as the coverage provided by such plan or issuer on the
day before the date of enactment of the Comprehensive Immunosuppressive
Drug Coverage for Transplant Patients Act of 2005, and such requirement
shall be deemed to be incorporated into this section.''.
(2) Conforming amendments.--
(A) Section 732(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185(a)) is
amended by striking ``section 711'' and inserting
``sections 711 and 714''.
(B) The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 is
amended by inserting after the item relating to section
713 the following new item:
``714. Coverage of immunosuppressive drugs.''.
(c) Application to Group Health Plans Under the Internal Revenue
Code of 1986.--Subchapter B of chapter 100 of the Internal Revenue Code
of 1986 is amended--
(1) in the table of sections, by inserting after the item
relating to section 9812 the following new item:
``9813. Coverage of immunosuppressive drugs.'';
and
(2) by inserting after section 9812 the following:
``SEC. 9813. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.
``A group health plan shall provide coverage of immunosuppressive
drugs that is at least as comprehensive as the coverage provided by
such plan on the day before the date of enactment of the Comprehensive
Immunosuppressive Drug Coverage for Transplant Patients Act of 2005,
and such requirement shall be deemed to be incorporated into this
section.''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning on or after January 1, 2006. | Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance)(OASDI) of the Social Security Act (SSA) to eliminate the time limitations for coverage of immunosuppressive drugs for individuals who receive a kidney transplant or other organ transplant.
Amends title XVIII (Medicare ) of SSA to apply special rules to individuals receiving additional coverage for immunosuppressive drugs, including: (1) that such individual is deemed to be enrolled under Medicare part B for purposes of receiving such coverage; (2) that such individual is responsible for the full amount of the applicable premiums; and (3) that deductible and coinsurance amounts apply. Requires the Secretary of Health and Human Services to establish procedures for implementing such coverage.
Extends Medicare secondary payer requirements for end stage renal disease beneficiaries.
Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan or issuer to provide coverage of immunosuppressive drugs that is at least as comprehensive as coverage provided on the date of enactment of this Act. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide continued entitlement to coverage for immunosuppressive drugs furnished to beneficiaries under the Medicare Program that have received an organ transplant and whose entitlement to coverage would otherwise expire, and for other purposes."} | 1,774 | 260 | 0.600786 | 1.720788 | 0.762959 | 3.004695 | 6.497653 | 0.873239 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medical Justice
Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Cap on non-economic damages against health care practitioners.
Sec. 3. Cap on non-economic damages against health care institutions.
Sec. 4. Cap, in wrongful death cases, on total damages against any
single health care practitioner.
Sec. 5. Limitation of insurer liability when insurer rejects certain
settlement offers.
Sec. 6. Mandatory jury instruction on cap on damages.
Sec. 7. Determination of negligence; mandatory jury instruction.
Sec. 8. Expert reports required to be served in civil actions.
Sec. 9. Expert opinions relating to physicians may be provided only by
actively practicing physicians.
Sec. 10. Payment of future damages on periodic or accrual basis.
Sec. 11. Unanimous jury required for punitive or exemplary damages.
Sec. 12. Proportionate liability.
Sec. 13. Defense-initiated settlement process.
Sec. 14. Statute of limitations; statute of repose.
Sec. 15. Limitation on liability for Good Samaritans providing
emergency health care.
Sec. 16. Definitions.
SEC. 2. CAP ON NON-ECONOMIC DAMAGES AGAINST HEALTH CARE PRACTITIONERS.
When an individual is injured or dies as the result of health care,
a person entitled to non-economic damages may not recover, from the
class of liable health care practitioners (regardless of the theory of
liability), more $250,000 such damages.
SEC. 3. CAP ON NON-ECONOMIC DAMAGES AGAINST HEALTH CARE INSTITUTIONS.
When an individual is injured or dies as the result of health care,
a person entitled to non-economic damages may not recover--
(1) from any single liable health care institution
(regardless of the theory of liability), more than $250,000
such damages; and
(2) from the class of liable health care institutions
(regardless of the theory of liability), more than $500,000
such damages.
SEC. 4. CAP, IN WRONGFUL DEATH CASES, ON TOTAL DAMAGES AGAINST ANY
SINGLE HEALTH CARE PRACTITIONER.
(a) In General.--When an individual dies as the result of health
care, a person entitled to damages may not recover, from any single
liable health care practitioner (regardless of the theory of
liability), more than $1,400,000 in total damages.
(b) Total Damages Defined.--In this section, the term ``total
damages'' includes compensatory damages, punitive damages, statutory
damages, and any other type of damages.
(c) Adjustment for Inflation.--For each calendar year after the
calendar year of the enactment of this Act, the dollar amount referred
to in subsection (a) shall be adjusted to reflect changes in the
Consumer Price Index of the Bureau of Labor Statistics of the
Department of Labor. The adjustment shall be based on the relationship
between--
(1) the Consumer Price Index data most recently published
as of January 1 of the calendar year of the enactment of this
Act; and
(2) the Consumer Price Index data most recently published
as of January 1 of the calendar year concerned.
(d) Applicability of Adjustment.--The dollar amount that applies to
a recovery is the dollar amount for the calendar year during which the
amount of the recovery is made final.
SEC. 5. LIMITATION OF INSURER LIABILITY WHEN INSURER REJECTS CERTAIN
SETTLEMENT OFFERS.
In a civil action, to the extent the civil action seeks damages for
the injury or death of an individual as the result of health care, when
the insurer of a health care practitioner or health care institution
rejects a reasonable settlement offer within policy limits, the insurer
is not, by reason of that rejection, liable for damages in an amount
that exceeds the liability of the insured.
SEC. 6. MANDATORY JURY INSTRUCTION ON CAP ON DAMAGES.
In a civil action tried to a jury, to the extent the civil action
seeks damages for the injury or death of an individual as the result of
health care, the court shall instruct the jury that the jury is not to
consider whether, or to what extent, a limitation on damages applies.
SEC. 7. DETERMINATION OF NEGLIGENCE; MANDATORY JURY INSTRUCTION.
(a) In General.--When an individual is injured or dies as the
result of health care, liability for negligence may not be based solely
on a bad result.
(b) Mandatory Jury Instruction.--In a civil action tried to a jury,
to the extent the civil action seeks damages for the injury or death of
an individual as the result of health care and alleges liability for
negligence, the court shall instruct the jury as provided in subsection
(a).
SEC. 8. EXPERT REPORTS REQUIRED TO BE SERVED IN CIVIL ACTIONS.
(a) Service Required.--To the extent a pleading filed in a civil
action seeks damages against a health care practitioner for the injury
or death of an individual as the result of health care, the party
filing the pleading shall, not later than 120 days after the date on
which the pleading was filed, serve on each party against whom such
damages are sought a qualified expert report.
(b) Qualified Expert Report.--As used in subsection (a), a
qualified expert report is a written report of a qualified health care
expert that--
(1) includes a curriculum vitae for that expert; and
(2) sets forth a summary of the expert opinion of that
expert as to--
(A) the standard of care applicable to that
practitioner;
(B) how that practitioner failed to meet that
standard of care; and
(C) the causal relationship between that failure
and the injury or death of the individual.
(c) Motion To Enforce.--A party not served as required by
subsection (a) may move the court to enforce that subsection. On such a
motion, the court--
(1) shall dismiss, with prejudice, the pleading as it
relates to that party; and
(2) shall award to that party the attorney fees reasonably
incurred by that party to respond to that pleading.
(d) Use of Expert Report.--
(1) In general.--Except as otherwise provided in this
section, a qualified expert report served under subsection (a)
may not, in that civil action--
(A) be offered by any party as evidence;
(B) be used by any party in discovery or any other
pretrial proceeding; or
(C) be referred to by any party at trial.
(2) Violations.--
(A) By other party.--If paragraph (1) is violated
by a party other than the party who served the report,
the court shall, on motion of any party or on its own
motion, take such measures as the court considers
appropriate, which may include the imposition of
sanctions.
(B) By serving party.--If paragraph (1) is violated
by the party who served the report, paragraph (1) shall
no longer apply to any party.
SEC. 9. EXPERT OPINIONS RELATING TO PHYSICIANS MAY BE PROVIDED ONLY BY
ACTIVELY PRACTICING PHYSICIANS.
(a) In General.--A physician-related opinion may be provided only
by an actively practicing physician who is determined by the court to
be qualified on the basis of training and experience to render that
opinion.
(b) Considerations Required.--In determining whether an actively
practicing physician is qualified under subsection (a), the court
shall, except on good cause shown, consider whether that physician is
board-certified, or has other substantial training, in an area of
medical practice relevant to the health care to which the opinion
relates.
(c) Definitions.--In this section:
(1) The term ``actively practicing physician'' means an
individual who--
(A) is licensed to practice medicine in the United
States or, if the individual is a defendant providing a
physician-related opinion with respect to the health
care provided by that defendant, is a graduate of a
medical school accredited by the Liaison Committee on
Medical Education or the American Osteopathic
Association;
(B) is practicing medicine when the opinion is
rendered, or was practicing medicine when the health
care was provided; and
(C) has knowledge of the accepted standards of care
for the health care to which the opinion relates.
(2) The term ``physician-related opinion'' means an expert
opinion as to any one or more of the following:
(A) The standard of care applicable to a physician.
(B) Whether a physician failed to meet such a
standard of care.
(C) Whether there was a causal relationship between
such a failure by a physician and the injury or death
of an individual.
(3) The term ``practicing medicine'' includes training
residents or students at an accredited school of medicine or
osteopathy, and serving as a consulting physician to other
physicians who provide direct patient care.
SEC. 10. PAYMENT OF FUTURE DAMAGES ON PERIODIC OR ACCRUAL BASIS.
(a) In General.--When future damages are awarded against a health
care practitioner to a person for the injury or death of an individual
as a result of health care, and the present value of those future
damages is $100,000 or more, that health care practitioner may move
that the court order payment on a periodic or accrual basis of those
damages. On such a motion, the court--
(1) shall order that payment be made on an accrual basis of
future damages described in subsection (b)(1); and
(2) may order that payment be made on a periodic or accrual
basis of any other future damages that the court considers
appropriate.
(b) Future Damages Defined.--In this section, the term ``future
damages'' means--
(1) the future costs of medical, health care, or custodial
services;
(2) noneconomic damages, such as pain and suffering or loss
of consortium;
(3) loss of future earnings; and
(4) any other damages incurred after the award is made.
SEC. 11. UNANIMOUS JURY REQUIRED FOR PUNITIVE OR EXEMPLARY DAMAGES.
When an individual is injured or dies as the result of health care,
a jury may not award punitive or exemplary damages against a health
care practitioner or health care institution unless the jury is
unanimous with regard to both the liability of that party for such
damages and the amount of the award of such damages.
SEC. 12. PROPORTIONATE LIABILITY.
When an individual is injured or dies as the result of health care
and a person is entitled to damages for that injury or death, each
person responsible is liable only for a proportionate share of the
total damages that directly corresponds to that person's proportionate
share of the total responsibility.
SEC. 13. DEFENSE-INITIATED SETTLEMENT PROCESS.
(a) In General.--In a civil action, to the extent the civil action
seeks damages for the injury or death of an individual as the result of
health care, a health care practitioner or health care institution
against which such damages are sought may serve one or more qualified
settlement offers under this section to a person seeking such damages.
If the person seeking such damages does not accept such an offer, that
person may thereafter serve one or more qualified settlement offers
under this section to the party whose offer was not accepted.
(b) Qualified Settlement Offer.--A qualified settlement offer under
this section is an offer, in writing, to settle the matter as between
the offeror and the offeree, which--
(1) specifies that it is made under this section;
(2) states the terms of settlement; and
(3) states the deadline within which the offer must be
accepted.
(c) Effect of Offer.--If the offeree of a qualified settlement
offer does not accept that offer, and thereafter receives a judgment at
trial that, as between the offeror and the offeree, is significantly
less favorable than the terms of settlement in that offer, that offeree
is responsible for those litigation costs reasonably incurred, after
the deadline stated in the offer, by the offeror to respond to the
claims of the offeree.
(d) Litigation Costs Defined.--In this section, the term
``litigation costs'' include court costs, filing fees, expert witness
fees, attorney fees, and any other costs directly related to carrying
out the litigation.
(e) Significantly Less Favorable Defined.--For purposes of this
section, a judgment is significantly less favorable than the terms of
settlement if--
(1) in the case of an offeree seeking damages, the
offeree's award at trial is less than 80 percent of the value
of the terms of settlement; and
(2) in the case of an offeree against whom damages are
sought, the offeror's award at trial is more than 120 percent
of the value of the terms of settlement.
SEC. 14. STATUTE OF LIMITATIONS; STATUTE OF REPOSE.
(a) Statute of Limitations.--When an individual is injured or dies
as the result of health care, the statute of limitations shall be as
follows:
(1) Individuals of age 12 and over.--If the individual has
attained the age of 12 years, the claim must be brought
either--
(A) within 2 years after the negligence occurred;
or
(B) within 2 years after the health care on which
the claim is based is completed.
(2) Individuals under age 12.--If the individual has not
attained the age of 12 years, the claim must be brought before
the individual attains the age of 14 years.
(b) Statute of Repose.--When an individual is injured or dies as
the result of health care, the statute of repose shall be as follows:
The claim must be brought within 10 years after the act or omission on
which the claim is based is completed.
(c) Tolling.--
(1) Statute of limitations.--The statute of limitations
required by subsection (a) may be tolled if applicable law so
provides, except that it may not be tolled on the basis of
minority.
(2) Statute of repose.--The statute of repose required by
subsection (b) may not be tolled for any reason.
SEC. 15. LIMITATION ON LIABILITY FOR GOOD SAMARITANS PROVIDING
EMERGENCY HEALTH CARE.
(a) Willful or Wanton Negligence Required.--A health care
practitioner or health care institution that provides emergency health
care on a Good Samaritan basis is not liable for damages caused by that
care except for willful or wanton negligence or more culpable
misconduct.
(b) Good Samaritan Basis.--For purposes of this section, care is
provided on a Good Samaritan basis if it is not provided for or in
expectation of remuneration. Being entitled to remuneration is relevant
to, but is not determinative of, whether it is provided for or in
expectation of remuneration.
SEC. 16. DEFINITIONS.
In this Act:
(1) Health care institution.--The term ``health care
institution'' includes institutions such as--
(A) an ambulatory surgical center;
(B) an assisted living facility;
(C) an emergency medical services provider;
(D) a home health agency;
(E) a hospice;
(F) a hospital;
(G) a hospital system;
(H) an intermediate care facility for the mentally
retarded;
(I) a nursing home; and
(J) an end stage renal disease facility.
(2) Health care practitioner.--The term ``health care
practitioner'' includes a physician and a physician entity.
(3) Physician entity.--The term ``physician entity''
includes--
(A) a partnership or limited liability partnership
created by a group of physicians;
(B) a company created by physicians; and
(C) a nonprofit health corporation whose board is
composed of physicians. | Medical Justice Act of 2007 - Sets forth provisions regulating civil actions for an injury or death as the result of health care.
Limits the non-economic damages that an individual may recover to: (1) $250,000 from health care practitioners; (2) $250,000 from any single health care institution; and (3) $500,000 from the class of liable health care institutions.
Limits the total damages, including compensatory damages, that a person may recover from any single liable health care practitioner to $1,400,000.
Provides that an insurer of a health care practitioner or health care institution is not liable for damages in excess of the liability of the insured for rejecting a reasonable settlement offer within policy limits.
Sets forth requirements for qualified expert reports.
Allows periodic or accrual payment for future damages.
Prohibits a jury from awarding punitive or exemplary damages against a health care practitioner or health care institution unless the jury is unanimous.
Makes each person liable only for a proportionate share of the total damages that directly corresponds to that person's responsibility.
Makes a person seeking damages liable for litigation costs incurred after rejection of a settlement offer if such person receives a judgment at trial that is significantly less favorable than the terms of the settlement offer.
Requires claims to be brought: (1) within two years after the act or omission if the affected individual is over the age of 12; or (2) before an affected individual under 12 attains the age of 14. Sets the statute of repose at no later than 10 years after the act or omission.
Makes a health care practitioner or health care institution that provides emergency health care on a Good Samaritan basis immune from liability for damages caused by that care, except for willful or wanton negligence or more culpable misconduct. | {"src": "billsum_train", "title": "To provide health care liability reform, and for other purposes."} | 3,612 | 390 | 0.629768 | 1.9633 | 0.869752 | 4.086705 | 9.465318 | 0.947977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farms for the Future Act Amendments
of 1995''.
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--It is the purpose of this Act to provide agricultural
producers in the United States, in cooperation with States and local
governments, financially competitive options for maintaining prime,
unique, and other strategic farmland in agricultural production.
(b) Findings.--Congress finds the following:
(1) Prime, unique, and other farmland that has strategic
importance because of its exceptional agricultural, economic,
or environmental contribution to society is being converted to
nonagricultural uses because agricultural producers and other
owners of such lands lack financially competitive options for
retaining it in agricultural production.
(2) States and local governments have been unable to
provide sufficient incentives to landowners to maintain prime,
unique, and other strategic farmland in agricultural
production.
(3) Federal assistance is needed to achieve the national
interest in protecting prime, unique, and other strategic
farmlands.
SEC. 3. FEDERAL COST SHARING FOR ACQUISITION OF FARMLAND PROTECTION
EASEMENTS.
The Farms for the Future Act of 1990 (chapter 2 of subtitle E of
title XIV of Public Law 101-624; 7 U.S.C. 4201 note) is amended by
adding at the end the following new section:
``SEC. 1470C. FEDERAL COST SHARING FOR ACQUISITION OF FARMLAND
PROTECTION EASEMENTS.
``(a) Definitions.--For purposes of this section:
``(1) Qualifying farmland.--The term `qualifying farmland'
means land used for agricultural production that is determined
by a eligible State or a local governmental agency of an
eligible State to be--
``(A) of particular importance to the State or
locality because of its agricultural, economic, or
environmental characteristics; and
``(B) at risk of conversion to uses incompatible
with agricultural production.
``(2) Farmland protection easement.--The term `farmland
protection easement' means an easement that, with respect to a
parcel of land--
``(A) prohibits or severely limits the uses of the
land that are incompatible with continued agricultural
production; and
``(B) runs with the land and binds all future
landowners.
``(3) Eligible state.--The term `eligible State' means a
State that has a program, approved by the Secretary, to acquire
farmland protection easements.
``(b) Farmland Protection Easement Cost-Sharing.--In lieu of the
authorities provided elsewhere in this chapter to assist eligible
States to retain qualifying farmland in agricultural use, the Secretary
may carry out a matching grant program under this section.
``(c) Farms for the Future Matching Grants.--The Secretary may make
matching grants to an eligible State (and local governments approved by
the State) to be used for the purpose of acquiring farmland protection
easements to protect qualifying farmland from uses inconsistent with
continued agricultural production or for the development or improvement
of similar programs with this purpose.
``(d) Matching Requirements.--Matching grants under subsection (c)
shall be made on a 50-50 matching basis, except that the Secretary may
make matching grants for up to 90 percent of the cost of acquiring
farmland protection easements by an eligible State (and local
governments approved by the State) that is actively developing or
carrying out programs to protect farmland from uses inconsistent with
continued agricultural production.
``(e) Limitation on Total Amount of Grants.--An eligible State may
not receive more than 10 percent of the total amount made available for
matching grants under subsection (c) for a fiscal year. However, if
fewer than 10 eligible States participate, the share provided to a
State may be equal to its pro rata share of the total matching funds
all States make available.
``(f) Conditions on Assistance.--In providing assistance under this
section, the Secretary shall ensure that--
``(1) funds provided under this section are used by an
eligible State to protect qualifying farmland, with priority
given to those lands of greatest importance to the State's
agriculture industry; and
``(2) on average the purchase price of farmland protection
easements acquired using such funds do not exceed fair market
value.
``(g) Authorization of Appropriations.-- There is authorized to be
appropriated such sums as may be necessary to carry out this section
for each fiscal year.''. | Farms for the Future Act Amendments of 1995 - Amends the Farms for the Future Act of 1990 to authorize the Secretary of Agriculture to provide States with matching grants for farmland protection easements to retain qualifying farmland in agricultural use. Authorizes appropriations. | {"src": "billsum_train", "title": "Farms for the Future Act Amendments of 1995"} | 1,034 | 61 | 0.552627 | 1.201752 | 0.810492 | 4.065217 | 19.586957 | 0.891304 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Head Start Centers of Excellence Act
of 2003''.
SEC. 2. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD.
The Head Start Act is amended by inserting after section 641A (42
U.S.C. 9836a) the following:
``SEC. 641B. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD.
``(a) Definitions.--In this section:
``(1) Center of excellence.--The term `center of
excellence' means a Center of Excellence in Early Childhood
designated under subsection (b).
``(2) State council.--The term `State council' means a
State Council for Excellence in Early Childhood described in
subsection (e).
``(b) Designation and Bonus Grants.--The Secretary shall establish
a program under which the Secretary shall--
``(1) designate up to 200 exemplary Head Start agencies as
Centers of Excellence in Early Childhood; and
``(2) make bonus grants to the designated centers of
excellence to carry out the activities described in subsection
(d).
``(c) Application and Designation.--
``(1) Application.--
``(A) In general.--To be eligible to receive
designation as a center of excellence under subsection
(b), a Head Start agency in a State shall be nominated
by the Governor of the State and shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
``(B) Contents.--At a minimum, the application
shall include--
``(i) evidence that the Head Start program
carried out by the agency has improved the
school readiness of, and enhanced academic
outcomes for, children who have participated in
the program;
``(ii) evidence that the program meets or
exceeds Head Start standards and performance
measures described in subsections (a) and (b)
of section 641A, as evidenced by successful
completion of programmatic and monitoring
reviews, and has no citations for substantial
deficiencies with respect to the standards and
measures;
``(iii) information demonstrating the
existence of a collaborative partnership
between the Head Start agency and the
Governor's office;
``(iv) a nomination letter from the
Governor, demonstrating the agency's ability to
carry out the coordination, transition, and
training services of the program to be carried
out under the bonus grant involved, including
coordination of activities with State and local
agencies that provide early childhood services
to children and families in the community
served by the agency; and
``(v) information demonstrating the
existence of, or the agency's plan to
establish, a local council for excellence in
early childhood, which shall include
representatives of all the institutions,
agencies, and groups involved in the work of
the center for and the local provision of
services to eligible children and other at-risk
children, and their families.
``(2) Selection.--In selecting agencies to designate as
centers of excellence under subsection (b), the Secretary shall
designate at least 1 from each of the 50 States and the
District of Columbia.
``(3) Term of designation.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall designate a Head Start agency as a
center of excellence for a 5-year term. During the
period of that designation, subject to the availability
of appropriations, the agency shall be eligible to
receive a bonus grant under subsection (b).
``(B) Revocation.--The Secretary may revoke an
agency's designation under subsection (b) if the
Secretary determines that the agency is not
demonstrating adequate performance.
``(4) Amount of bonus grant.--The Secretary shall base the
amount of funding provided through a bonus grant made under
subsection (b) to a center of excellence for the center's staff
costs on the number of children served at the center of
excellence. The Secretary shall make such a bonus grant in an
amount of not less than $100,000 per year.
``(d) Use of Funds.--
``(1) Activities.--A center of excellence that receives a
bonus grant under subsection (b) may use the funds made
available through the bonus grant--
``(A) to provide Head Start services to additional
eligible children;
``(B) to better meet the needs of working families
in the community served by the center by serving more
children in Early Head Start programs or in full-
working-day, full calendar year Head Start programs;
``(C) to model and disseminate best practices for
achieving early academic success, including achieving
school readiness and developing preliteracy and
prenumeracy skills for at-risk children, and to provide
seamless service delivery for eligible children and
their families;
``(D) to coordinate early childhood and social
services available in the community served by the
center for at-risk children (prenatal through age 8)
and their families, including services provided by
child care providers, health care providers, and
providers of income-based financial assistance, and
other State and local services;
``(E) to provide training and cross training for
Head Start teachers and staff, and to develop agency
leaders;
``(F) to provide effective transitions between Head
Start programs and elementary school, to facilitate
ongoing communication between Head Start and elementary
school teachers concerning children receiving Head
Start services, and to provide training and technical
assistance to providers who are public elementary
school teachers and other staff of local educational
agencies, child care providers, family service
providers, and other providers of early childhood
services, to help the providers described in this
subparagraph increase their ability to work with low-
income, at-risk children and their families; and
``(G) to carry out other activities determined by
the center to improve the overall quality of the Head
Start program carried out by the agency and the program
carried out under the bonus grant involved.
``(2) Involvement of other head start agencies and
providers.--Not later than the second year for which the center
receives a bonus grant under subsection (b), the center, in
carrying out activities under this subsection, shall work with
the center's delegate agencies, several additional Head Start
agencies, and other providers of early childhood services in
the community involved, to encourage the agencies and providers
described in this sentence to carry out model programs. The
center shall establish the local council described in
subsection (c)(1)(B)(v).
``(e) State Councils for Excellence in Early Childhood.--
``(1) Establishment.--The Secretary shall make grants to
States to enable the States to establish State Councils for
Excellence in Early Childhood. The State council established by
a State shall include representatives of Head Start agencies,
public elementary schools, providers of early childhood
services (including family service providers), and other
entities working with centers of excellence in the State. The
State council shall be chaired by a Director of a center of
excellence in the State.
``(2) Functions.--The State council shall work with the
State Head Start Office of Collaboration. The State council
shall review and compile information on the work of the centers
of excellence in the State, collecting and disseminating
information on the findings of the centers, and identifying
barriers to and opportunities for success in that work that
could be addressed at a State level. The State Head Start
Office of Collaboration shall address the barriers and
opportunities.
``(f) Research and Reports.--
``(1) Research.--The Secretary shall make a grant to an
independent organization to conduct research on the ability of
the centers of excellence to improve the school readiness of
children receiving Head Start services, and to positively
impact school results in the earliest grades. The organization
shall also conduct research to measure the success of the
centers of excellence at encouraging the center's delegate
agencies, additional Head Start agencies, and other providers
of early childhood services in the communities involved to meet
measurable improvement goals, particularly in the area of
school readiness.
``(2) Report.--Not later than 48 months after the date of
enactment of the Head Start Centers of Excellence Act of 2003,
the organization shall prepare and submit to the Secretary and
Congress a report containing the results of the research
described in paragraph (1).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2004 and each subsequent fiscal year--
``(1) $90,000,000 to make bonus grants to centers of
excellence under subsection (b) to carry out activities
described in subsection (d);
``(2) $2,500,000 to pay for the administrative costs of the
Secretary in carrying out this section, including the cost of a
conference of centers of excellence;
``(3) $5,500,000 to make grants to States for State
councils to carry out the activities described in subsection
(e); and
``(4) $2,000,000 for research activities described in
subsection (f).''. | Head Start Centers of Excellence Act of 2003 - Amends the Head Start Act to direct the Secretary of Health and Human Services to establish a program for: (1) designating up to 200 exemplary Head Start agencies as Centers of Excellence in Early Childhood; and (2) making bonus grants to such centers to provide Head Start services to additional eligible children, and perform specified related activities.
Directs the Secretary to make grants to: (1) States to enable them to establish State Councils for Excellence in Early Childhood to work with the State Head Start Office of Collaboration; and (2) an independent organization to conduct research on the ability of the centers of excellence to improve the school readiness of children receiving Head Start services, and to positively impact school results in the earliest grades. | {"src": "billsum_train", "title": "A bill to amend the Head Start Act to designate up to 200 Head Start centers as Centers of Excellence in Early Childhood, and for other purposes."} | 1,938 | 154 | 0.659125 | 1.678593 | 0.7476 | 5.119205 | 12.529801 | 0.933775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethical and Legal Elections for
Congressional Transitions Act''.
SEC. 2. REQUIRING SPECIAL ELECTION IN CASE OF VACANCY IN OFFICE OF A
SENATOR.
(a) Special Election.--
(1) In general.--Except as provided in subsection (b), if
the President of the Senate issues a certification that a
vacancy exists in the office of a Senator, the chief executive
of the State represented by the Senator shall issue a writ of
election to fill the vacancy by special election.
(2) Timing of election.--A special election under this
subsection shall be held not later than 90 days after the
President of the Senate issues the certification described in
paragraph (1).
(3) Application of state laws.--A special election under
this subsection shall be held in accordance with applicable
State law governing special elections in the State.
(b) Exception for Vacancies Occurring Near Date of Regularly
Scheduled Election.--Subsection (a) shall not apply in the case of a
vacancy in the office of a Senator if the President of the Senate
issues the certification described in such subsection--
(1) during the 90-day period which ends on the date a
regularly scheduled general election for the office is to be
held; or
(2) during the period which begins on the date of a
regularly scheduled general election for the office and ends on
the first day of the first session of the next Congress which
begins after the date of such election.
(c) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of a State under the Constitution of
the United States to authorize the chief executive of the State to make
a temporary appointment to fill a vacancy in the office of Senator
until a special election is held for the office, or to affect the
authority of an individual who is appointed to fill such a vacancy
until an individual is elected to the office in the special election.
SEC. 3. REIMBURSEMENT OF PORTION OF COSTS INCURRED BY STATE IN HOLDING
SPECIAL ELECTION.
(a) Payments To Reimburse States for Portion of Special Election
Costs.--Subtitle D of title II of the Help America Vote Act of 2002 (42
U.S.C. 15401 et seq.) is amended by adding at the end the following new
part:
``PART 7--PAYMENTS TO REIMBURSE PORTION OF COSTS INCURRED IN HOLDING
SPECIAL ELECTIONS TO FILL SENATE VACANCIES
``SEC. 297. PAYMENTS TO STATES TO REIMBURSE PORTION OF COSTS INCURRED
IN HOLDING SPECIAL ELECTIONS TO FILL SENATE VACANCIES.
``(a) Payments Authorized.--In accordance with the procedures and
requirements of this section, the Commission shall make a payment to
each eligible State to cover a portion of the costs incurred by the
State in holding a special election required under the Ethical and
Legal Elections for Congressional Transitions Act to fill a vacancy in
the office of a Senator representing the State.
``(b) Eligibility.--A State is eligible to receive a payment under
this part if it submits to the Commission, at such time and in such
form as the Commission may require, a statement containing--
``(1) a notice of the reasonable costs incurred or the
reasonable costs anticipated to be incurred by the State in
holding the special election described in subsection (a),
including the costs of any primary election held for purposes
of determining the candidates in the special election; and
``(2) such other information and assurances as the
Commission may require.
``(c) Amount of Payment.--The amount of a payment made to a State
under this section shall be equal to 50 percent of the reasonable costs
incurred or the reasonable costs anticipated to be incurred by the
State in holding the special election described in subsection (a), as
set forth in the statement submitted under subsection (b).
``(d) Timing of Payments.--The Commission shall make the payment
required under this section to a State not later than 30 days after
receiving the statement submitted by the State under subsection (b).
``(e) Recoupment of Overpayments.--No payment may be made to a
State under this section unless the State agrees to repay to the
Commission the excess (if any) of--
``(1) the amount of the payment received by the State under
this section with respect to the election involved; over
``(2) the actual costs incurred by the State in holding the
election involved.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Commission such
sums as may be necessary for fiscal year 2009 and each succeeding
fiscal year for payments under this part.''.
(b) Clerical Amendment.--The table of contents of the Help America
Vote Act of 2002 is amended by adding at the end of the items relating
to subtitle D of title II the following:
``Part 7--Payments To Reimburse Portion of Costs Incurred in Holding
Special Elections To Fill Senate Vacancies
``Sec. 297. Payments to States to reimburse portion of costs incurred
in holding special elections to fill Senate
vacancies.
``Sec. 297A. Authorization of appropriations.''. | Ethical and Legal Elections for Congressional Transitions Act - Requires states to hold special elections when a vacancy occurs in the office of U.S. Senator for the state.
Amends the Help America Vote Act of 2002 to reimburse the states for a portion of special election costs. | {"src": "billsum_train", "title": "To require States to hold special elections in the event of a vacancy in the office of a Senator representing the State, and for other purposes."} | 1,258 | 69 | 0.584217 | 1.372797 | 0.78789 | 2.92 | 21.16 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Educational Opportunities
for Immigrant Children Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Many children are brought to the United States at a
very young age by parents or other adults to accompany them
during the adults' stay in the United States.
(2) In many such instances, parents or other adults
traveling to the United States enter and or remain in this
country without benefit of inspection or authorization to be
present in the United States.
(3) Many children brought to the United States by parents
or other adults arrive in this country without the ability to
make independent decisions about where they wish to live. Once
in the United States, many such children also are incapable of
independent living.
(4) Because of the early age at which many children arrive
in the United States, as they become older, they become fully
integrated into American life, learning English and either
losing or never acquiring the language of their native country.
At the same time, many lose all ties to relatives in their
country of origin or previous country of habitual residence.
(5) Many such children attend public elementary and
secondary schools in the United States. Often, they excel in
academics and contribute to both their communities and the
families with whom they live.
(6) Current United States immigration laws do not provide
the Attorney General with adequate flexibility to take into
account the special humanitarian circumstances in which such
transplanted alien children live. Consequently, such children
are in danger of being removed to a country they do not know,
an eventuality that would cause enormous disruptions in their
lives and in the lives of their loved ones.
(7) Current immigration laws effectively preclude States
and units of local government from providing such children
access to State systems of higher education. Consequently, many
such children cannot continue their education upon graduating
from high school.
(b) Purposes.--The purposes of this Act are--
(1) to provide for aliens who, through no fault of their
own, were brought to the United States as children,
opportunities to regularize their status in the United States,
attend college, and become contributing members of their
communities in this country; and
(2) to repeal certain legislative barriers that impede the
ability of such aliens to become fully integrated into United
States society.
SEC. 3. DEFINITIONS.
(a) Transplanted Child.--As used in this Act, the term,
``transplanted child'' means an alien who is described in section
101(a)(51) of the Immigration and Nationality Act (as amended by
subsection (b) of this Act).
(b) Amendment to the Immigration and Nationality Act.--Section
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is
amended by adding at the end the following new paragraph:
``(51) The term `transplanted child' means an alien who has
been granted cancellation of removal under section 240A(b)(3)
or who has pending before the Attorney General an application
for cancellation of removal under such section.''.
SEC. 4. RESTORATION OF STATE FLEXIBILITY IN PROVIDING IN-STATE TUITION
FOR COLLEGE-AGE ALIEN CHILDREN.
(a) Restoration.--The Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C.
1623) is amended by striking section 505.
(b) Applicability.--The amendment made by subsection (a) shall
apply to postsecondary education benefits provided on or after July 1,
1998.
SEC. 5. ELIGIBILITY OF TRANSPLANTED CHILDREN FOR PUBLIC BENEFITS.
Section 431(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended--
(1) at the end of paragraph (6), by striking ``; or'' and
inserting a semicolon;
(2) at the end of paragraph (7), by striking the period and
inserting ``; or''; and
(3) by adding after paragraph (7) the following new
paragraph:
``(8) an alien who is a transplanted child, as defined in
section 101(a)(51) of the Immigration and Nationality Act.''.
SEC. 6. AUTHORITY OF ATTORNEY GENERAL TO ADJUST STATUS OF CERTAIN
CHILDREN.
(a) In General.--Section 240A(b) of the Immigration and Nationality
Act (8 U.S.C. 1229b(b)) is amended by--
(1) redesignating paragraph (3) as paragraph (4); and
(2) inserting after paragraph (2) the following new
paragraph:
``(3) Special rule for aliens brought to the united states
as children.--
``(A) Authority.--Subject to subparagraph (B), the
Attorney General may cancel the removal of, and adjust
to the status of an alien lawfully admitted for
permanent residence, an alien who is inadmissible or
deportable from the United States, if the Attorney
General determines that--
``(i)(I) in the case of an alien who has
not attained the age of 18, the alien has been
physically present in the United States for a
continuous period of not less than 3 years
immediately preceding the date of such
application and during such period the alien
has been a person of good moral character; or
``(II) in the case of an alien who is 18
years of age or older, the alien has been
physically present in the United States for a
continuous period of not less than 5 years
immediately preceding the date of such
application, including at least 3 years of
continuous residence before reaching 18 years
of age and during such 5 year period the alien
has been a person of good moral character; and
``(ii) the removal would result in extreme
hardship to the alien, the alien's child, or
the alien's parent.
``(B) Restrictions on authority.--The authority of
the Attorney General under subparagraph (A) shall not
apply to--
``(i) an alien who is inadmissible under
section 212(a)(2)(A)(i)(I) or deportable under
section 237(a)(2)(A)(i) (relating to crimes of
moral turpitude) unless the Attorney General
determines that the alien's removal would
result in extreme hardship to the alien, the
alien's child, or (in the case of an alien who
is a child) to the alien's parent; or
``(ii) an alien who is inadmissible under
section 212(a)(3), or deportable under section
237(a)(2)(D)(i) or 237(a)(2)(D)(ii) (relating
to security and related grounds).''.
(b) Conforming Amendment.--Section 240A(b) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)), is amended in paragraph (4) (as so
redesignated by the amendment made by subsection (a)) by striking
``paragraph (1) or (2)'' each place it appears and inserting
``paragraph (1), (2), or (3).''. | Preserving Educational Opportunities for Immigrant Children Act of 2001 - Amends the Immigration and Nationality Act to define "transplanted child" as an alien who has been granted cancellation of removal or who has such an application pending.Amends the Illegal Immigration Reform and Responsibility Act of 1996 to eliminate the provision prohibiting postsecondary education benefits based on State residency to an illegal alien unless a U.S. citizen or national is eligible for similar benefits without regard to such residency.Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make transplanted children eligible for public benefits.Amends the Immigration and Nationality Act to authorize the Attorney General to cancel the removal of, and adjust to permanent resident status, certain aliens under and above the age of 18 with qualifying years of continuous U.S. residency. | {"src": "billsum_train", "title": "To assist aliens who were transplanted to the United States as children in continuing their education and otherwise integrating into American society."} | 1,641 | 180 | 0.453572 | 1.230384 | 0.694881 | 2.666667 | 10.0625 | 0.819444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Addiction Treatment Expansion
Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Addiction to and abuse of opiates has devastating
repercussions for individuals, families, and the country. The
health and social consequences of drug abuse include risk of
HIV/AIDS and other health impacts, as well as repercussions for
families, schools, the workplace, and prisons.
(2) According to household surveys, younger and wider
segments of the population are abusing heroin. Heroin was the
leading illicit drug among treatment admissions in 2000,
reported by 15 percent of the 1.6 million substance abuse
treatment admissions.
(3) Between 1992 and 2000, heroin admissions for treatment
increased by 44 percent, and the number of admissions for new
users increased by 52 percent. Most disturbing, the proportion
of new heroin users admitted for treatment who were under age
25 grew from 30 to 41 percent from 1992 to 2000. In 1992, 48
percent of new heroin users age 18 to 24 reported injection as
the route of administration. By 2000, that figure had grown to
63 percent.
(4) Between 81 and 86 percent of new heroin users admitted
for treatment have reported daily heroin use since 1992.
Substantial numbers of heroin users also abuse other drugs,
chiefly including cocaine and marijuana.
(5) Abuse of narcotic pain medications is also a serious
and increasing problem. According to the Drug Abuse Warning
Network (``DAWN''), drug-abuse-related emergency room visits
attributable to abuse of narcotic pain medications rose 45
percent from 2000 to 2002, and 20 percent over just one year
from 2001 to 2002. Stemming and preventing such prescription
medication abuse will require a multi-pronged approach,
including major educational efforts and an increase of
substance abuse treatment options and capacity.
(6) The Nation has had a longstanding goal of reducing the
myriad costs to society of drug addiction, and increasing
access to addiction treatment.
(7) The National Institute on Drug Abuse has had a
longstanding research and development program, designed to
increase the availability of viable therapeutic interventions
for drug addiction.
(8) The availability of new therapies and new methods of
providing therapy will both reach new populations and increase
the amount of treatment capacity available.
(9) Congress, recognizing the crucial importance of
expanding drug addiction treatment options and capacity,
enacted the Drug Addiction Treatment Act of 2000 (``DATA law'')
(title XXXV of the Children's Health Act of 2000; Public Law
106-310) to allow qualified practitioners to prescribe
addiction treatment medications from their office settings as
long as the number of patients to whom the practitioners
provide such treatment does not exceed 30 patients.
(10) Since enactment of the DATA law, a new treatment
option already has been approved by the Food and Drug
Administration and is now available for qualified practitioners
to prescribe for their patients, as a direct result of the
commitment of Congress and the Federal Government to reduce the
social and personal impact of the illness of drug addiction.
(11) For practitioners in a group practice, the DATA law
established a single 30-patient limit for the entire group
practice, rather than a 30-patient limit per practitioner.
Qualified and trained practitioners practicing addiction
treatment in group practice settings and academic health
centers have realized an unexpected negative impact on their
ability to serve their patients effectively and as anticipated
by the DATA law, as a result of the law's patient limitation on
group practices.
(12) Neither Congress nor the DATA law intended that the
quality of care would be less for patients receiving care in
group practices, which are a principal mode of health care
delivery in the United States.
(13) The DATA law's 30-patient limit on group practices is
having the unintended consequence of denying addiction
treatment to patients who seek and require it, in direct
contrast to the overall purpose of such law.
SEC. 3. MAINTENANCE OR DETOXIFICATION TREATMENT WITH CERTAIN NARCOTIC
DRUGS; ELIMINATION OF 30-PATIENT LIMIT FOR GROUP
PRACTICES.
(a) In General.--Section 303(g)(2)(B) of the Controlled Substance
Act (21 U.S.C. 823(g)(2)(B)) is amended by striking clause (iv).
(b) Conforming Amendment.--Section 303(g)(2)(B) of the Controlled
Substance Act (21 U.S.C. 823(g)(2)(B)) is amended in clause (iii) by
striking ``In any case'' and all that follows through ``the total'' and
inserting ``The total''. | Drug Addiction Treatment Expansion Act of 2003 - Amends the Controlled Substances Act to eliminate the 30-patient limit for medical practitioners in group practices that may dispense specified narcotic drugs for maintenance or detoxification treatment. | {"src": "billsum_train", "title": "To amend the Controlled Substances Act to lift the patient limitation on prescribing drug addiction treatments by medical practitioners in group practices, and for other purposes."} | 1,028 | 53 | 0.393926 | 1.000042 | 0.496768 | 2.315789 | 24.921053 | 0.842105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Energy Innovation
Capabilities Act''.
SEC. 2. NUCLEAR ENERGY.
Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is
amended to read as follows:
``SEC. 951. NUCLEAR ENERGY.
``(a) Mission.--The Secretary shall conduct programs of civilian
nuclear research, development, demonstration, and commercial
application, including activities in this subtitle. Such programs shall
take into consideration the following objectives:
``(1) Providing research infrastructure to promote
scientific progress and enable users from academia, the
National Laboratories, and the private sector to make
scientific discoveries relevant for nuclear, chemical, and
materials science engineering.
``(2) Maintaining National Laboratory and university
nuclear energy research and development programs, including
their infrastructure.
``(3) Providing the technical means to reduce the
likelihood of nuclear weapons proliferation and increasing
confidence margins for public safety of nuclear energy systems.
``(4) Reducing the environmental impact of nuclear energy
related activities.
``(5) Supporting technology transfer from the National
Laboratories to the private sector.
``(6) Enabling the private sector to partner with the
National Laboratories to demonstrate novel reactor concepts for
the purpose of resolving technical uncertainty associated with
the aforementioned objectives in this subsection.
``(b) Definitions.--In this subtitle:
``(1) Advanced fission reactor.--The term `advanced fission
reactor' means a nuclear fission reactor with significant
improvements over the most recent generation of nuclear
reactors, which may include inherent safety features, lower
waste yields, greater fuel utilization, superior reliability,
resistance to proliferation, and increased thermal efficiency.
``(2) Fast neutron.--The term `fast neutron' means a
neutron with kinetic energy above 100 kiloelectron volts.
``(3) National laboratory.--The term `National Laboratory'
has the meaning given that term in paragraph (3) of section 2,
except that with respect to subparagraphs (G), (H), and (N) of
such paragraph, for purposes of this subtitle the term includes
only the civilian activities thereof.
``(4) Neutron flux.--The term `neutron flux' means the
intensity of neutron radiation measured as a rate of flow of
neutrons applied over an area.
``(5) Neutron source.--The term `neutron source' means a
research machine that provides neutron irradiation services for
research on materials sciences and nuclear physics as well as
testing of advanced materials, nuclear fuels, and other related
components for reactor systems.
``(c) Sense of Congress.--It is the sense of the Congress that
nuclear energy, through fission or fusion, represents the highest
energy density of any known attainable source and yields zero air
emissions. This energy source is of national importance to scientific
progress, national security, electricity generation, heat generation
for industrial applications, and space exploration. Considering the
inherent complexity and regulatory burden associated with this area of
science, the Department should focus its civilian nuclear research and
development activities towards programs that enable the private sector,
National Laboratories, and universities to carry out such experiments
as are necessary to promote scientific progress and enhance practical
knowledge of nuclear engineering.''.
SEC. 3. NUCLEAR ENERGY RESEARCH PROGRAMS.
Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 4. ADVANCED FUEL CYCLE INITIATIVE.
Section 953(a) of the Energy Policy Act of 2005 (42 U.S.C.
16273(a)) is amended by striking ``, acting through the Director of the
Office of Nuclear Energy, Science and Technology,''.
SEC. 5. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT.
Section 954(d)(4) of the Energy Policy Act of 2005 (42 U.S.C.
16274(d)(4)) is amended by striking ``as part of a taking into
consideration effort that emphasizes'' and inserting ``that
emphasize''.
SEC. 6. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR INFRASTRUCTURE AND
FACILITIES.
Section 955 of the Energy Policy Act of 2005 (42 U.S.C. 16275) is
amended--
(1) by striking subsections (c) and (d); and
(2) by adding at the end the following:
``(c) Versatile Neutron Source.--
``(1) Mission need.--Not later than December 31, 2016, the
Secretary shall determine the mission need for a versatile
reactor-based fast neutron source, which shall operate as a
national user facility. During this process, the Secretary
shall consult with the private sector, universities, National
Laboratories, and relevant Federal agencies to ensure that this
user facility will meet the research needs of the largest
possible majority of prospective users.
``(2) Establishment.--Upon the determination of mission
need made under paragraph (1), the Secretary shall, as
expeditiously as possible, provide to the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
detailed plan for the establishment of the user facility.
``(3) Facility requirements.--
``(A) Capabilities.--The Secretary shall ensure
that this user facility will provide, at a minimum, the
following capabilities:
``(i) Fast neutron spectrum irradiation
capability.
``(ii) Capacity for upgrades to accommodate
new or expanded research needs.
``(B) Considerations.--In carrying out the plan
provided under paragraph (2), the Secretary shall
consider the following:
``(i) Capabilities that support
experimental high-temperature testing.
``(ii) Providing a source of fast neutrons
at a neutron flux, higher than that at which
current research facilities operate, sufficient
to enable research for an optimal base of
prospective users.
``(iii) Maximizing irradiation flexibility
and irradiation volume to accommodate as many
concurrent users as possible.
``(iv) Capabilities for irradiation with
neutrons of a lower energy spectrum.
``(v) Multiple loops for fuels and
materials testing in different coolants.
``(vi) Additional pre-irradiation and post-
irradiation examination capabilities.
``(vii) Lifetime operating costs and
lifecycle costs.
``(4) Reporting progress.--The Department shall, in its
annual budget requests, provide an explanation for any delay in
its progress and otherwise make every effort to complete
construction and approve the start of operations for this
facility by December 31, 2025.
``(5) Coordination.--The Secretary shall leverage the best
practices for management, construction, and operation of
national user facilities from the Office of Science.''.
SEC. 7. SECURITY OF NUCLEAR FACILITIES.
Section 956 of the Energy Policy Act of 2005 (42 U.S.C. 16276) is
amended by striking ``, acting through the Director of the Office of
Nuclear Energy, Science and Technology,''.
SEC. 8. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH.
Section 957 of the Energy Policy Act of 2005 (42 U.S.C. 16277) is
amended to read as follows:
``SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH.
``(a) Modeling and Simulation.--The Secretary shall carry out a
program to enhance the Nation's capabilities to develop new reactor
technologies through high-performance computation modeling and
simulation techniques. This program shall coordinate with relevant
Federal agencies through the National Strategic Computing Initiative
created under Executive Order No. 13702 (July 29, 2015) while taking
into account the following objectives:
``(1) Utilizing expertise from the private sector,
universities, and National Laboratories to develop
computational software and capabilities that prospective users
may access to accelerate research and development of advanced
fission reactor systems, nuclear fusion systems, and reactor
systems for space exploration.
``(2) Developing computational tools to simulate and
predict nuclear phenomena that may be validated through
physical experimentation.
``(3) Increasing the utility of the Department's research
infrastructure by coordinating with the Advanced Scientific
Computing Research program within the Office of Science.
``(4) Leveraging experience from the Energy Innovation Hub
for Modeling and Simulation.
``(5) Ensuring that new experimental and computational
tools are accessible to relevant research communities.
``(b) Supportive Research Activities.--The Secretary shall consider
support for additional research activities to maximize the utility of
its research facilities, including physical processes to simulate
degradation of materials and behavior of fuel forms and for validation
of computational tools.''.
SEC. 9. ENABLING NUCLEAR ENERGY INNOVATION.
Subtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C.
16271 et seq.) is amended by adding at the end the following:
``SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION.
``(a) National Reactor Innovation Center.--The Secretary shall
carry out a program to enable the testing and demonstration of reactor
concepts to be proposed and funded by the private sector. The Secretary
shall leverage the technical expertise of relevant Federal agencies and
National Laboratories in order to minimize the time required to enable
construction and operation of privately funded experimental reactors at
National Laboratories or other Department-owned sites while ensuring
reasonable safety for persons working within these sites. Such reactors
shall operate to meet the following objectives:
``(1) Enabling physical validation of novel reactor
concepts.
``(2) Resolving technical uncertainty and increasing
practical knowledge relevant to safety, resilience, security,
and functionality of first-of-a-kind reactor concepts.
``(3) General research and development to improve nascent
technologies.
``(b) Reporting Requirement.--Not later than 180 days after the
date of enactment of the Nuclear Energy Innovation Capabilities Act,
the Secretary, in consultation with the National Laboratories, relevant
Federal agencies, and other stakeholders, shall transmit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report assessing the Department's capabilities to
authorize, host, and oversee privately funded fusion and advanced
fission experimental reactors as described under subsection (a). The
report shall address the following:
``(1) The Department's safety review and oversight
capabilities, including options to leverage expertise from the
Nuclear Regulatory Commission and National Laboratories.
``(2) Potential sites capable of hosting activities
described under subsection (a).
``(3) The efficacy of the Department's available
contractual mechanisms to partner with the private sector and
Federal agencies, including cooperative research and
development agreements, strategic partnership projects, and
agreements for commercializing technology.
``(4) Potential cost structures related to physical
security, decommissioning, liability, and other long-term
project costs.
``(5) Other challenges or considerations identified by the
Secretary.''.
SEC. 10. BUDGET PLAN.
(a) In General.--Subtitle E of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16271 et seq.) is further amended by adding at the end
the following:
``SEC. 959. BUDGET PLAN.
``Not later than 12 months after the date of enactment of the
Nuclear Energy Innovation Capabilities Act, the Department shall
transmit to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate 2 alternative 10-year budget plans for civilian
nuclear energy research and development by the Department. The first
shall assume constant annual funding for 10 years at the appropriated
level for the Department's civilian nuclear energy research and
development for fiscal year 2016. The second shall be an unconstrained
budget. The two plans shall include--
``(1) a prioritized list of the Department's programs,
projects, and activities to best support the development of
next generation nuclear energy technology;
``(2) realistic budget requirements for the Department to
implement sections 955(c), 957, and 958 of this Act; and
``(3) the Department's justification for continuing or
terminating existing civilian nuclear energy research and
development programs.''.
(b) Report on Fusion Innovation.--Not later than 6 months after the
date of enactment of this Act, the Secretary of the Department of
Energy shall transmit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that will identify
engineering designs for innovative fusion energy systems that have the
potential to demonstrate net energy production not later than 15 years
after the start of construction. In this report, the Secretary will
identify budgetary requirements that would be necessary for the
Department to carry out a fusion innovation initiative to accelerate
research and development of these designs.
SEC. 11. CONFORMING AMENDMENTS.
The table of contents for the Energy Policy Act of 2005 is amended
by striking the item relating to section 957 and inserting the
following:
``957. High-performance computation and supportive research.
``958. Enabling nuclear energy innovation.
``959. Budget plan.''.
Passed the House of Representatives February 29, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Nuclear Energy Innovation Capabilities Act (Sec. 2) This bill amends the Energy Policy Act of 2005 to revise the objectives of the civilian nuclear energy research, development, demonstration, and commercial application programs of the Department of Energy (DOE) to emphasize: providing research infrastructure to promote scientific progress and enable users from academia, the National Laboratories, and the private sector to make scientific discoveries relevant for nuclear, chemical, and materials science engineering; and enabling the private sector to partner with the National Laboratories to demonstrate novel reactor concepts for the purpose of resolving technical uncertainty associated with the aforementioned objectives. The bill expresses the sense of Congress regarding nuclear energy, urging DOE to focus its civilian nuclear research and development activities towards programs that enable the private sector, National Laboratories, and universities to carry out experiments necessary to promote scientific progress and enhance practical knowledge of nuclear engineering. (Sec. 3) The bill repeals the Nuclear Power 2010 Program, and makes technical corrections removing the Office of Nuclear Energy, Science and Technology as the designated entity to conduct the research, development, and demonstration programs on advanced fuel recycling technology and cost-effective technologies for increasing the safety and security of nuclear facilities. (The Office of Nuclear Energy, Science and Technology was replaced in DOE by the Office of Nuclear Energy, the Office of Science, and the Office of Technology Transitions.) (Sec. 6) The bill repeals requirements for development of a comprehensive plan for the operation and maintenance of its facilities at the Idaho National Laboratory to support civilian nuclear energy research, development, demonstration, and commercial application programs, including radiological facilities management, isotope production, and facilities management. By December 31, 2016, DOE shall instead determine the mission need for a versatile reactor-based fast neutron source, which shall operate as a national user facility and, if such a need is determined, give Congress a plan to establish the facility. DOE shall ensure that the user facility will provide at a minimum: fast neutron spectrum irradiation capability, and capacity for upgrades to accommodate new or expanded research needs. The DOE shall leverage from the Office of Science the best practices for management, construction, and operation of national user facilities. (Sec. 8) The bill repeals the requirement that by August 1, 2006, DOE submit to Congress the results of a survey of alternatives to industrial applications of large radioactive sources. DOE shall instead carry out a program to enhance the nation's capabilities to develop new reactor technologies through high-performance computing modeling and simulation techniques. Such program shall coordinate with relevant federal agencies through the National Strategic Computing Initiative while taking into account specified objectives. (Sec. 9) DOE shall also carry out a program to enable the testing and demonstration of reactor concepts to be proposed and funded by the private sector. DOE shall leverage the technical expertise of relevant federal agencies and national laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at national laboratories or other DOE-owned sites while ensuring safety for persons working within those sites. Such reactors shall operate to enable physical validation of novel reactor concepts and generate research and development to improve nascent technologies. DOE shall assess its capabilities to authorize, host, and oversee privately funded fusion and advanced fission experimental reactors. (Sec. 10) Within 12 months of this bill's enactment, DOE must submit to Congress two alternative 10-year budget plans for civilian nuclear energy research and development by the DOE, one assuming constant annual funding for 10 years at the appropriated FY2016 level, and the other an unconstrained budget. DOE must also identify to Congress: engineering designs for innovative fusion energy systems with the potential to demonstrate net energy production within 15 years of the start of construction, and budgetary requirements necessary for DOE to carry out a fusion innovation initiative to accelerate research and development of those designs. | {"src": "billsum_train", "title": "Nuclear Energy Innovation Capabilities Act"} | 3,023 | 822 | 0.663748 | 2.069835 | 0.623682 | 4.519841 | 3.665344 | 0.876984 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Big Thicket National Preserve
Addition Act of 1993''.
SEC. 2. ADDITIONS TO THE BIG THICKET NATIONAL PRESERVE.
(a) Additions.--Subsection (b) of the first section of the Act
entitled ``An Act to authorize the establishment of the Big Thicket
National Preserve in the State of Texas, and for other purposes'',
approved October 11, 1974 (16 U.S.C. 698), hereafter referred to as the
``Act'', is amended as follows:
(1) Strike out ``map entitled `Big Thicket National
Preserve' '' and all that follows through ``Secretary of the
Interior (hereafter referred to as the `Secretary')'' and
insert in lieu thereof ``map entitled `Big Thicket National
Preserve', dated October 19, 1990, and numbered 20031 C, which
shall be on file and available for public inspection in the
offices of the National Park Service, Department of the
Interior, and offices of the Superintendent of the preserve.
After advising the Committee on Interior and Insular Affairs of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate, in writing, the Secretary of
the Interior (hereafter referred to as the `Secretary') may
make minor revisions of the boundaries of the preserve when
necessary by publication of a revised drawing or other boundary
description in the Federal Register. The Secretary''.
(2) Strike out ``and'' at the end of the penultimate
undesignated paragraph relating to Little Pine Island-Pine
Island Bayou corridor unit.
(3) Strike out the period in the ultimate undesignated
paragraph relating to Lance Rosier unit and insert in lieu
thereof a semicolon.
(4) Add at the end thereof the following:
``Village Creek Corridor unit, Hardin County, Texas,
comprising approximately 5,309 acres;
``Big Sandy Corridor unit, Hardin, Polk, and Tyler
Counties, Texas, comprising approximately 4,818 acres;
``Canyonlands unit, Tyler County, Texas, comprising
approximately 1,476 acres;
``Sabine River Blue Elbow unit, Orange County, Texas,
comprising approximately 3,592 acres; and
``Addition to the Lower Neches River Corridor unit, Orange
and Jasper Counties, Texas, comprising approximately 750
acres.''.
(b) Acquisition.--(1) Subsection (c) of the first section of such
Act is amended by striking out the first sentence and inserting in lieu
thereof the following: ``The Secretary is authorized to acquire by
donation, purchase with donated or appropriated funds, transfer from
any other Federal agency, or exchange, any lands, waters, or interests
therein which are located within the boundaries of the preserve:
Provided, That the Secretary may acquire scenic easements on privately
owned undeveloped lands located within the boundaries of the Village
Creek Corridor, Big Sandy Corridor, Canyonlands, Blue Elbow, or Lower
Neches River unit: Provided further, That privately owned undeveloped
lands located within any such unit may be acquired only with the
consent of the owner: Provided further, That the Secretary may acquire
lands owned by commercial timber companies only by donation or
exchange: Provided further, That any lands owned by the State of Texas,
or any of its political subdivisions may be acquired by donation
only.''.
(2) Add at the end of the first section the following new
subsections:
``(d) Within 60 days after enactment of this subsection, the
Secretary and the Secretary of Agriculture shall identify lands within
their jurisdictions located within the vicinity of the preserve which
may be suitable for exchange for commercial timber lands within the
preserve. In so doing, the Secretary of Agriculture shall seek to
identify for exchange national forest lands that are near or adjacent
to private lands that are already owned by the commercial timber
companies and are of sufficient size and configuration for commercial
timber use. Such national forest lands shall be located in the Sabine
National Forest in Sabine County, Texas, in the Davy Crockett National
Forest south of Texas State Highway 7, or in other sites deemed
mutually agreeable. In exercising this exchange authority, the
Secretary of the Interior and the Secretary of Agriculture may utilize
any authorities or procedures otherwise available to them in connection
with land exchanges, and which are not inconsistent with the purposes
of this Act. The values of the properties so exchanges shall be
approximately equal or, if they are not approximately equal, shall be
equalized by the payment of cash to the grantor or to the respective
Secretary as circumstances require. Such exchanges shall be completed
as soon as possible, but no later than two years after the date of
enactment of this subsection.
``(e) With respect to the 37 acre area owned by the Louisiana-
Pacific Corporation or its subsidiary, Kirby Forest Industries, Inc.,
on Big Sandy Creek in Hardin County, Texas, and now utilized as part of
the Indian Springs Youth Camp (H.G/ King Abstract 822), the Secretary
shall not acquire such area without the consent of the owner so long as
the area is used exclusively as a youth camp.''.
(c) Publication of Boundary Description.--Not later than 6 months
after the date of enactment of this subsection, the Secretary shall
publish in the Federal Register a detailed description of the boundary
of the Village Creek Corridor unit, the Big Sandy Corridor unit, the
Canyonlands unit, the Sabine River Blue Elbow unit, and the addition to
the Lower Neches River unit of the Big Thicket National Preserve.
(d) Authorization of Appropriations.--Section 6 of such Act is
amended by inserting at the end thereof the following new sentence:
``Effective upon date of enactment of this paragraph, there is
authorized to be appropriated such sums as may be necessary to carry
out the purposes of subsections 1(c) and 1(d).''. | Big Thicket National Preserve Addition Act of 1993 - Expands the boundaries of the Big Thicket National Preserve, Texas, through the addition of specified lands in Hardin, Polk, Tyler, Orange, and Jasper Counties, Texas.
Authorizes the Secretary of the Interior to acquire scenic easements on privately-owned undeveloped lands within the boundaries of the specified units added to the Preserve by this Act.
Requires the Secretaries of Agriculture and of the Interior to exchange commercial timberlands within and in the vicinity of the Preserve.
Prohibits the Secretary of the Interior from acquiring a specified area owned by the Louisiana-Pacific Corporation or its subsidiary, Kirby Forest Industries, Inc., without the owner's consent as long as the area is used exclusively as a youth camp.
Authorizes appropriations. | {"src": "billsum_train", "title": "Big Thicket National Preserve Addition Act of 1993"} | 1,342 | 188 | 0.555203 | 1.644567 | 0.725161 | 3.621622 | 8.128378 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Self-Governance Act of
1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the tribal right of self-governance flows from the
inherent sovereignty of Indian tribes and nations;
(2) the United States recognizes a special government-to-
government relationship with Indian tribes, including the right
of the tribes to self-governance, as reflected in the
Constitution, treaties, Federal statutes, and the course of
dealings of the United States Government with Indian tribes;
(3) although progress has been made, the Federal
bureaucracy, with its centralized rules and regulations, has
eroded tribal self-governance and dominates tribal affairs;
(4) the Tribal Self-Governance Demonstration Project was
designed to improve and perpetuate the government-to-government
relationship between Indian tribes and the United States, and
to strengthen tribal control over Federal funding and program
management; and
(5) Congress has reviewed the results of the Tribal Self-
Governance Demonstration Project and finds that--
(A) transferring control to tribal governments,
upon tribal request, over funding and decisionmaking
for Federal programs, services, functions, and
activities intended to benefit Indians, is an effective
way to implement the Federal policy of government-to-
government relations with Indian tribes; and
(B) transferring control to tribal governments,
upon tribal request, over funding and decisionmaking
for Federal programs, services, functions, and
activities strengthens the Federal policy of Indian
self-determination.
SEC. 3. DECLARATION OF POLICY.
It is the policy of this Act to permanently establish and implement
Self-Governance--
(1) to enable the United States to maintain and improve its
unique and continuing relationship with, and responsibility to,
Indian tribes;
(2) to permit each Indian tribe to choose the extent of the
participation of such tribe in Self-Governance;
(3) to co-exist with the provisions of the Indian Self-
Determination Act relating to provision of Indian services by
designated Federal agencies;
(4) to ensure the continuation of the trust responsibility
of the United States to Indian tribes and Indian individuals;
(5) to permit an orderly transition from Federal domination
of programs and services to provide Indian tribes with
meaningful authority to plan, conduct, redesign, and administer
programs, services, functions, and activities that meet the
needs of the individual tribal communities; and
(6) to provide for an orderly transition through a planned
and measurable parallel reduction in the Federal bureaucracy.
SEC. 4. TRIBAL SELF-GOVERNANCE.
The Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) is amended by adding at the end the following new
title:
``TITLE IV--TRIBAL SELF-GOVERNANCE
``SEC. 401. ESTABLISHMENT.
``The Secretary of the Interior (referred to in this title as the
`Secretary') shall establish and carry out a program within the
Department of the Interior to be known as Tribal Self-Governance
(referred to in this title as `Self-Governance') in accordance with
this title.
``SEC. 402. SELECTION OF TRIBES.
``(a) Continuing Participation.--Each tribe that is participating
in the Tribal Self-Governance Demonstration Project at the Department
of the Interior under title III on the date of enactment of this title
shall thereafter participate in Self-Governance under this title and
cease participation in the Tribal Self-Governance Demonstration Project
under title III with respect to the Department of the Interior.
``(b) Additional Tribes.--In addition to those tribes participating
in Self-Governance under subsection (a), the Secretary, acting through
the Director of the Office of Self-Governance, may select up to 20 new
tribes per year, from the applicant pool described in subsection (c),
to participate in Self-Governance.
``(c) Applicant Pool.--The qualified applicant pool for Self-
Governance shall consist of each tribe that--
``(1) successfully completes the planning phase described
in subsection (d);
``(2) has requested participation in Self-Governance; and
``(3) has demonstrated, for the previous 3 fiscal years,
financial stability and financial management capability as
evidenced by the tribe having no material audit exceptions in
the required annual audit of the self-determination contracts
of the tribe.
``(d) Planning Phase.--Each tribe seeking to begin participation in
Self-Governance shall complete a planning phase in accordance with this
subsection. The tribe shall be eligible for a grant to plan and
negotiate participation in Self-Governance. The planning phase shall
include--
``(1) legal and budgetary research; and
``(2) internal tribal government planning and
organizational preparation.
``SEC. 403. FUNDING AGREEMENTS.
``(a) Authorization.--The Secretary shall negotiate and enter into
an annual written funding agreement with the governing body of each
participating tribal government.
``(b) Contents.--Each funding agreement shall--
``(1) authorize the tribe to plan, conduct, consolidate,
and administer programs, services, functions, and activities
administered by the Department of the Interior that are
otherwise available to Indian tribes or Indians, including--
``(A) the Act of April 16, 1934 (popularly known as
the `Johnson-O'Malley Act') (48 Stat. 596, chapter 147;
25 U.S.C. 452 et seq.); and
``(B) the Act of November 2, 1921 (popularly known
as the `Snyder Act') (42 Stat. 208, chapter 115; 25
U.S.C. 13);
``(2) subject to the terms of the agreement, authorize the
tribe to redesign programs, services, functions, or activities,
and to reallocate funds for such programs, services, functions,
or activities;
``(3) prohibit the inclusion of funds provided--
``(A) pursuant to the Tribally Controlled Community
College Assistance Act of 1978 (25 U.S.C. 1801 et
seq.);
``(B) for elementary and secondary schools under
the formula developed pursuant to section 1128 of the
Education Amendments of 1978 (25 U.S.C. 2008); and
``(C) to the Flathead Agency Irrigation Division or
the Flathead Agency Power Division, except that nothing
in this section shall affect the contract authority of
such divisions under section 102;
``(4) specify the services to be provided, the functions to
be performed, and the responsibilities of the tribe and the
Secretary pursuant to the agreement;
``(5) authorize the tribe and the Secretary to reallocate
funds or modify budget allocations within any year, and specify
the procedures to be used;
``(6) provide for retrocession of programs or portions of
programs pursuant to section 105(e);
``(7) provide that, for the year for which, and to the
extent to which, funding is provided to a tribe under this
section, the tribe--
``(A) shall not be entitled to contract with the
Secretary for such funds under section 102, except that
such tribe shall be eligible for new programs on the
same basis as other tribes; and
``(B) shall be responsible for the administration
of programs, services, functions, and activities
pursuant to agreements entered into under this section;
and
``(8) prohibit the Secretary from waiving, modifying, or
diminishing in any way the trust responsibility of the United
States with respect to Indian tribes and individual Indians
that exists under treaties, Executive orders, and other laws.
``(c) Submission for Review.--Not later than 90 days before the
proposed effective date of an agreement entered into under this
section, the Secretary shall submit a copy of such agreement to--
``(1) each tribe that is served by the Agency that is
serving the tribe that is a party to the funding agreement;
``(2) the Committee on Indian Affairs of the Senate; and
``(3) the Committee on Natural Resources of the House of
Representatives.
``(d) Payment.--
``(1) In general.--At the request of the governing body of
the tribe and under the terms of an agreement entered into
under this section, the Secretary shall provide funding to the
tribe to carry out the agreement.
``(2) Amount.--Subject to paragraph (3) of this subsection
and paragraphs (1) and (3) of subsection (b), the Secretary
shall provide funds to the tribe for one or more programs,
services, functions, or activities in an amount equal to the
amount that the tribe would have been eligible to receive under
contracts and grants under this Act, including direct program
costs and indirect costs, and for any funds that are
specifically or functionally related to the provision by the
Secretary of services and benefits to the tribe and its
members.
``(3) Trust services.--Funds for trust services to
individual Indians shall be available under an agreement
entered into under this section only to the extent that the
same services that would have been provided by the Secretary
are provided to individual Indians by the tribe.
``(e) Civil Actions.--
``(1) Definition of `contract'.--Except as provided in
paragraph (2), for the purposes of section 110, the term
`contract' shall include agreements entered into under this
title.
``(2) Professional contracts.--For the period that an
agreement entered into under this title is in effect, the
provisions of section 2103 of the Revised Statutes of the
United States (25 U.S.C. 81), and section 16 of the Act of June
18, 1934 (48 Stat. 987, chapter 576; 25 U.S.C. 476), shall not
apply to attorney and other professional contracts by Indian
tribal governments participating in Self-Governance under this
title.
``(f) Facilitation.--
``(1) Interpretation.--Except as otherwise provided by law,
the Secretary shall interpret each Federal law and regulation
in a manner that will facilitate--
``(A) the inclusion of programs, services,
functions, and activities in the agreements entered
into under this section; and
``(B) the implementation of agreements entered into
under this section.
``(2) Waiver.--
``(A) Request.--A tribe may submit a written
request for a waiver to the Secretary identifying the
regulation sought to be waived and the basis for the
request.
``(B) Decision.--Not later than 60 days after
receipt by the Secretary of a written request by a
tribe to waive application of a Federal regulation for
an agreement entered into under this section, the
Secretary shall either approve or deny the requested
waiver in writing to the tribe. A denial may be made
only upon a specific finding by the Secretary that
identified language in the regulation may not be waived
because such waiver is prohibited by Federal law.
``(C) Appeal.--Not later than 60 days after denial
of a waiver request, the Secretary shall, at the
request of a tribe, provide the tribe with a hearing on
the record and opportunity for an appeal.
``SEC. 404. BUDGET REQUEST.
``The Secretary shall identify, in the annual budget request of the
President to the Congress, any funds proposed to be included in Self-
Governance.
``SEC. 405. REPORTS.
``(a) Requirement.--Not later than January 1 of each year after the
date of enactment of this title, the Secretary shall submit to Congress
a report regarding the administration of this title.
``(b) Contents.--The report shall--
``(1) identify the relative costs and benefits of Self-
Governance;
``(2) identify, with particularity, all funds that are
specifically or functionally related to the provision by the
Secretary of services and benefits to Self-Governance tribes
and their members, and the corresponding reductions in the
Federal bureaucracy; and
``(3) include the separate views of the tribes.
``SEC. 406. EFFECT ON OTHER AGREEMENTS AND LAWS.
``Nothing in this title shall be construed to limit or reduce in
any way the services, contracts, or funds that any other Indian tribe
or tribal organization is eligible to receive under section 102 or any
other applicable Federal law.
``SEC. 407. NEGOTIATED RULEMAKING.
``(a) In General.--Not later than 90 days after the date of
enactment of this title, at the request of a majority of the Indian
tribes with agreements under this title, the Secretary shall initiate
procedures under subchapter III of chapter 5 of title 5, United States
Code, to negotiate and promulgate such regulations as are necessary to
carry out this title.
``(b) Committee.--A negotiated rulemaking committee established
pursuant to section 565 of title 5, United States Code, to carry out
this section, shall have as its members only Federal and tribal
government representatives, a majority of whom shall be representatives
of Indian tribes with agreements under this title.
``(c) Adaptation of Procedures.--The Secretary shall adapt the
negotiated rulemaking procedures to the unique context of Self-
Governance and the government-to-government relationship between the
United States and the Indian tribes.
``(d) Effect.--The lack of promulgated regulations shall not limit
the effect of this title.
``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this title.''.
Passed the Senate November 24 (legislative day, November
23), 1993.
Attest:
WALTER J. STEWART,
Secretary. | Tribal Self-Governance Act of 1993 - Amends the Indian Self-Determination and Education Assistance Act to establish within the Department of the Interior a program of Tribal Self-Governance. Authorizes up to 20 additional tribal participants each year.
Directs the Secretary of the Interior to enter into annual funding agreements with the governing body of each participating tribe.
Authorizes appropriations. | {"src": "billsum_train", "title": "Tribal Self-Governance Act of 1993"} | 3,061 | 87 | 0.587636 | 1.314015 | 0.597609 | 3.842857 | 40.8 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Terror Finance Transparency
Act''.
SEC. 2. CERTIFICATION REQUIREMENT FOR REMOVAL OF FOREIGN FINANCIAL
INSTITUTIONS, INCLUDING IRANIAN FINANCIAL INSTITUTIONS,
FROM THE LIST OF SPECIALLY DESIGNATED NATIONALS AND
BLOCKED PERSONS.
(a) In General.--On or after July 19, 2015, the President may not
remove a foreign financial institution, including an Iranian financial
institution, described in subsection (b) from the list of specially
designated nationals and blocked persons maintained by the Office of
Foreign Asset Control of the Department of the Treasury unless and
until the President submits to the appropriate congressional committees
a certification described in subsection (c) with respect to the foreign
financial institution.
(b) Covered Institutions.--A foreign financial institution,
including an Iranian financial institution, described in this
subsection is a foreign financial institution listed in Attachment 3 or
Attachment 4 to Annex II of the Joint Comprehensive Plan of Action.
(c) Certification.--The President may remove a foreign financial
institution, including an Iranian financial institution, described in
subsection (b) from the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Asset Control of
the Department of the Treasury if the President submits to the
appropriate congressional committees a certification that the foreign
financial institution--
(1) has not knowingly, directly or indirectly, facilitated
a significant transaction or transactions or provided
significant financial services for or on behalf of--
(A) Iran's Revolutionary Guard Corps or any of its
agents or affiliates whose property or interests in
property are blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
(B) a foreign terrorist organization for or on
behalf of a person whose property or interests in
property have been blocked pursuant to Executive Order
No. 13224 (66 Fed. Reg. 49079; relating to blocking
property and prohibiting transactions with persons who
commit, threaten to commit, or support terrorism); and
(C) a person whose property or interests in
property are blocked pursuant to the International
Emergency Economic Powers Act in connection with Iran's
proliferation of weapons of mass destruction or
delivery systems for weapons of mass destruction, or to
further Iran's development of ballistic missiles and
destabilizing types and amounts of conventional
weapons; and
(2) no longer knowingly engages in illicit or deceptive
financial transactions or other activities.
(d) Form.--A certification described in subsection (c) shall be
submitted in unclassified form, but may contain a classified annex.
(e) Definitions.--In this section:
(1) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given such term in
section 1010.605 of title 31, Code of Federal Regulations.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means any organization designated by
the Secretary of State as a foreign terrorist organization in
accordance with section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(3) Iranian financial institution.--The term ``Iranian
financial institution'' has the meaning given the term in
section 104A(d)(3) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513b(d)(3)).
SEC. 3. CERTIFICATION REQUIREMENT FOR REMOVAL OF CERTAIN FOREIGN
PERSONS FROM THE LIST OF SPECIALLY DESIGNATED NATIONALS
AND BLOCKED PERSONS.
(a) In General.--On or after July 19, 2015, the President may not
remove a foreign person described in subsection (b) from the list of
specially designated nationals and blocked persons maintained by the
Office of Foreign Asset Control of the Department of the Treasury until
the President submits to the appropriate congressional committees a
certification described in subsection (c) with respect to the foreign
person.
(b) Covered Persons and Entities.--A foreign person described in
this subsection is a foreign person listed in Attachment 3 or
Attachment 4 to Annex II of the Joint Comprehensive Plan of Action.
(c) Certification.--The President may remove a foreign person
described in subsection (b) from the list of specially designated
nationals and blocked persons maintained by the Office of Foreign Asset
Control of the Department of the Treasury if the President submits to
the appropriate congressional committees a certification that the
foreign person--
(1) has not knowingly assisted in, sponsored, or provided
financial, material, or technological support for, or financial
or other services to or in support of terrorism or a terrorist
organization; and
(2) has not knowingly engaged in significant activities or
transactions that have materially contributed to the Government
of Iran's proliferation of weapons of mass destruction or their
means of delivery (including missiles capable of delivering
such weapons), including any efforts to manufacture, acquire,
possess, develop, transport, transfer, or use such item.
(d) Form.--A certification described in subsection (c) shall be
submitted in unclassified form, but may contain a classified annex.
(e) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person''--
(A) means--
(i) an individual who is not a United
States person;
(ii) a corporation, partnership, or other
nongovernmental entity which is not a United
States person; or
(iii) any representative, agent or
instrumentality of, or an individual working on
behalf of a foreign government; but
(B) does not include a foreign financial
institution, including an Iranian financial
institution, described in section 2(b).
(2) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 4. CERTIFICATION REQUIREMENT FOR REMOVAL OF DESIGNATION OF IRAN AS
A JURISDICTION OF PRIMARY MONEY LAUNDERING CONCERN.
(a) In General.--The President may not remove the designation of
Iran as a jurisdiction of primary money laundering concern pursuant to
section 5318A of title 31, United States Code, unless the President
submits to the appropriate congressional committees a certification
described in subsection (b) with respect to Iran.
(b) Certification.--The President may remove the designation of
Iran as a jurisdiction of primary money laundering concern if the
President submits to the appropriate congressional committees a
certification that the Government of Iran is no longer engaged in
support for terrorism, pursuit of weapons of mass destruction, and any
illicit and deceptive financial activities.
(c) Form.--The certification described in subsection (b) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate.
SEC. 5. APPLICABILITY OF CONGRESSIONAL REVIEW OF CERTAIN AGENCY
RULEMAKING RELATING TO IRAN.
(a) In General.--Notwithstanding any other provision of law, any
rule to amend or otherwise alter a covered regulatory provision as
defined in subsection (c) that is published on or after the date of the
enactment of this Act shall be deemed to be a rule or major rule (as
the case may be) for purposes of chapter 8 of title 5, United States
Code, and shall be subject to all applicable requirements of chapter 8
of title 5, United States Code.
(b) Quarterly Reports.--Not later than 60 days after the date of
the enactment of this Act, and every 90 days thereafter, the head of
the applicable department or agency of the Federal Government shall
submit to the appropriate congressional committees a report on the
operation of the licensing system under each covered regulatory
provision as defined in subsection (c) for the preceding 2-year period,
including--
(1) the number and types of licenses applied for;
(2) the number and types of licenses approved;
(3) a summary of each license approved;
(4) a summary of transactions conducted pursuant to a
general license;
(5) the average amount of time elapsed from the date of
filing of a license application until the date of its approval;
(6) the extent to which the licensing procedures were
effectively implemented; and
(7) a description of comments received from interested
parties about the extent to which the licensing procedures were
effective, after the applicable department or agency holds a
public 30-day comment period.
(c) Definition.--In this section, the term ``covered regulatory
provision'' means any provision of part 535, 560, 561, or 1060 of title
31, Code of Federal Regulations, as such part was in effect on June 1,
2015.
SEC. 6. PROHIBITIONS AND CONDITIONS WITH RESPECT TO CERTAIN ACCOUNTS
HELD BY FOREIGN FINANCIAL INSTITUTIONS.
Section 104(c)(2)(A)(ii) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513(c)(2)(A)(ii)) is amended by adding at the end before the semicolon
the following: ``, including Hezbollah, Hamas, the Palestinian Islamic
Jihad, and any affiliates or successors thereof''.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning given
the term in section 14(2) of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
(2) Joint comprehensive plan of action.--The term ``Joint
Comprehensive Plan of Action'' means the Joint Comprehensive
Plan of Action, signed at Vienna July 14, 2015, by Iran and by
the People's Republic of China, France, Germany, the Russian
Federation, the United Kingdom and the United States, with the
High Representative of the European Union for Foreign Affairs
and Security Policy, and all implementing materials and
agreements related to the Joint Comprehensive Plan of Action,
and transmitted by the President to Congress on July 19, 2015,
pursuant to section 135(a) of the Atomic Energy Act of 1954, as
amended by the Iran Nuclear Agreement Review Act of 2015
(Public Law 114-17; 129 Stat. 201).
Passed the House of Representatives February 2, 2016.
Attest:
KAREN L. HAAS,
Clerk. | . Iran Terror Finance Transparency Act (Sec. 2) This bill prohibits the President from removing certain foreign financial institutions, including an Iranian financial institution, from the list of designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Asset Control until the President makes two certifications to Congress, the first of which is that the institution has not knowingly facilitated a significant transaction or transactions or provided significant financial services for or on behalf of: Iran's Revolutionary Guard Corps or any of its agents or affiliates whose property or property interests are blocked pursuant to the International Emergency Economic Powers Act (IEEPA), a foreign terrorist organization for or on behalf of a person whose property or property interests have been blocked pursuant to Executive Order 13224, and a person whose property or property interests are blocked pursuant to the IEEPA in connection with Iran's proliferation of weapons of mass destruction. The second certification shall be that the institution no longer knowingly engages in illicit or deceptive financial transactions or other activities. (Sec. 3) On or after July 19, 2015,the President may not remove specified foreign persons from the list of designated nationals and blocked persons maintained by the Office of Foreign Asset Control until the President certifies to Congress that the person has not knowingly: assisted in or provided financial, material, or technological support for terrorism or a terrorist organization; and engaged in significant activities or transactions that have materially contributed to Iran's proliferation of weapons of mass destruction or their means of delivery. (Sec. 4) The President may not remove Iran's designation as a jurisdiction of primary money laundering concern unless the President certifies to Congress that Iran is no longer engaged in support for terrorism, pursuit of weapons of mass destruction, and any illicit and deceptive financial activities. (Sec. 5) Any rule to amend or otherwise alter a covered regulatory provision regarding sanctions on Iran shall be subject to congressional review requirements. Applicable federal departments or agencies shall report to Congress on the operation of the licensing system under each covered regulatory provision for the preceding two-year period, including: the number and types of licenses applied for, and the number and types approved; a summary of each license approved; a summary of transactions conducted pursuant to a general license; the average amount of time from the date of filing for a license until the date of approval; and the extent to which the licensing procedures were effectively implemented. (Sec. 6) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended to prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that facilitates Iran's support for Hezbollah, Hamas, the Palestinian Islamic Jihad, and any affiliates or successors. (Sec. 7) Defines "Joint Comprehensive Plan of Action" as the Joint Comprehensive Plan of Action, signed at Vienna July 14, 2015, by Iran and by China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union for Foreign Affairs and Security Policy, and all related implementing materials and agreements, and transmitted by the President to Congress on July 19, 2015, pursuant to section 135(a) of the Atomic Energy Act of 1954, as amended by the Iran Nuclear Agreement Review Act of 2015. | {"src": "billsum_train", "title": "Iran Terror Finance Transparency Act"} | 2,452 | 747 | 0.74387 | 2.554998 | 0.758975 | 5.424012 | 3.243161 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earnings Advancement and Recovery
Now Act'' or the ``EARN Act''.
SEC. 2. DEDICATION OF EITC COMPLIANCE SAVINGS TO EXPANDING THE EITC.
(a) Findings.--The Congress finds the following:
(1) The March 2014 report of the Treasury Inspector General
for Tax Administration on the Internal Revenue Service's
compliance with the Improper Payments Elimination and Recovery
Act of 2010 highlights significant improper payments related to
the earned income tax credit under section 32 of the Internal
Revenue Code of 1986.
(2) The Improper Payments Elimination and Recovery Act of
2010 defines an improper payment as ``any payment that should
not have been made or that was made in an incorrect amount . .
. under statutory, contractual, administrative, or other
legally applicable requirements''.
(3) The Internal Revenue Service estimates that 22 percent
to 26 percent of earned income tax credit payments were issued
improperly in fiscal year 2013, with the dollar value of these
improper payments estimated to be between $13.3 billion and
$15.6 billion.
(4) The Treasury Inspector General for Tax Administration
has concluded that the Internal Revenue Service has made little
improvement in reducing improper earned income tax credit
payments since being required to report estimates of these
payments to Congress, and as a result, the earned income tax
credit program remains at high risk for improper payments.
(5) The Joint Committee on Taxation estimates that for tax
year 2014 there will be 28.5 million filers that will receive
the earned income tax credit.
(6) Billions of dollars of improper payments will continue
to made unless reforms and improvements take place with respect
to the earned income tax credit and its administration by the
Internal Revenue Service.
(b) Sense of Congress.--Any budgetary savings resulting from the
reforms and improvements enacted by this Act with respect to the earned
income tax credit should be dedicated to expanding the credit for
working families eligible for the earned income tax credit.
SEC. 3. INCREASE THE PENALTY APPLICABLE TO PAID TAX PREPARERS WHO
ENGAGE IN WILLFUL OR RECKLESS CONDUCT.
(a) In General.--Section 6694(b)(1)(B) of the Internal Revenue Code
of 1986 is amended by striking ``50 percent'' and inserting ``75
percent''.
(b) Effective Date.--The amendment made by this section shall apply
to returns prepared for taxable years ending after the date of the
enactment of this Act.
SEC. 4. EXPANSION OF DISALLOWANCE PERIOD FOR TAXPAYERS WHO IMPROPERLY
CLAIM EITC BASED ON RECKLESS OR INTENTIONAL DISREGARD OF
THE RULES.
(a) In General.--Section 32(k)(1)(B)(ii) of the Internal Revenue
Code of 1986 is amended by striking ``2 taxable years'' and inserting
``5 taxable years''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.
SEC. 5. EXPANSION OF MATH-ERROR AUTHORITY TO COVER EITC CLAIMS DURING
PERIOD WHEN TAXPAYER IS BARRED FROM CLAIMING THE CREDIT.
(a) In General.--Section 6213(g)(2)(K) of the Internal Revenue Code
of 1986 is amended by striking ``section 32(k)(2)'' and inserting
``section 32(k)''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.
SEC. 6. PENALTY FOR ERRONEOUS CLAIM OF CREDIT MADE APPLICABLE TO EARNED
INCOME CREDIT.
(a) In General.--Section 6676(a) of the Internal Revenue Code of
1986 is amended by striking ``(other than a claim for a refund or
credit relating to the earned income credit under section 32)''.
(b) Effective Date.--The amendment made by this section shall apply
to claims filed after the date of the enactment of this Act.
SEC. 7. STUDY ON EARNED INCOME CREDIT AND IMPROPER PAYMENTS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on--
(1) the effectiveness and impact of the earned income tax
credit under section 32 of the Internal Revenue Code of 1986,
and
(2) the incidence and cause of improper payments made by
the Internal Revenue Service with respect to the credit.
(b) Recommendations.--The study required under subsection (a) shall
include recommendations to--
(1) improve the efficiency and effectiveness of the earned
income tax credit, and
(2) reduce the improper payments made by the Internal
Revenue Service with respect to the credit.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report with the results of the
study conducted under subsection (a) and recommendations required under
subsection (b). | Earnings Advancement and Recovery Now Act or the EARN Act - Amends the Internal Revenue Code to: (1) increase the penalty on paid tax preparers who engage in willful or reckless conduct in understating tax liability or in disregarding tax rules or regulations, (2) extend from two to five years the period during which a taxpayer who claimed an earned income tax credit based on reckless or intentional disregard of rules and regulations is prohibited from receiving such credit, and (3) make applicable to the earned income tax credit the penalty for an erroneous claim for a tax refund or credit. Directs the Comptroller General (GAO) to conduct a study of, and report on, the effectiveness and impact of the earned income tax credit and the incidence and cause of improper payments with respect to such credit, with recommendations to improve the efficiency and effectiveness of the credit and reduce improper payments. | {"src": "billsum_train", "title": "EARN Act"} | 1,207 | 188 | 0.581829 | 1.721598 | 0.691105 | 3.047619 | 5.845238 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Windstorm Impact Reduction
Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Hurricanes, tropical storms, tornadoes, and
thunderstorms can cause significant loss of life, injury,
destruction of property, and economic and social disruption.
All States and regions are vulnerable to these hazards.
(2) The United States currently sustains several billion
dollars in economic damages each year due to these windstorms.
In recent decades, rapid development and population growth in
high-risk areas has greatly increased overall vulnerability to
windstorms.
(3) Improved windstorm impact reduction measures have the
potential to reduce these losses through--
(A) cost-effective and affordable design and
construction methods and practices;
(B) effective mitigation programs at the local,
State, and national level;
(C) improved data collection and analysis and
impact prediction methodologies;
(D) engineering research on improving new
structures and retrofitting existing ones to better
withstand windstorms, atmospheric-related research to
better understand the behavior and impact of windstorms
on the built environment, and subsequent application of
those research results; and
(E) public education and outreach.
(4) There is an appropriate role for the Federal Government
in supporting windstorm impact reduction. An effective Federal
program in windstorm impact reduction will require interagency
coordination, and input from individuals, academia, the private
sector, and other interested non-Federal entities.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``Director'' means the Director of the Office
of Science and Technology Policy.
(2) The term ``State'' means each of the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and
any other territory or possession of the United States.
(3) The term ``windstorm'' means any storm with a damaging
or destructive wind component, such as a hurricane, tropical
storm, tornado, or thunderstorm.
SEC. 4. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM.
(a) Establishment.--There is established the National Windstorm
Impact Reduction Program (in this Act referred to as the ``Program'').
(b) Objective.--The objective of the Program is the achievement of
major measurable reductions in losses of life and property from
windstorms. The objective is to be achieved through a coordinated
Federal effort, in cooperation with other levels of government,
academia, and the private sector, aimed at improving the understanding
of windstorms and their impacts and developing and encouraging
implementation of cost-effective mitigation measures to reduce those
impacts.
(c) Interagency Working Group.--Not later than 90 days after the
date of enactment of this Act, the Director shall establish an
Interagency Working Group consisting of representatives of the National
Science Foundation, the National Oceanic and Atmospheric
Administration, the National Institute of Standards and Technology, the
Federal Emergency Management Agency, and other Federal agencies as
appropriate. The Director shall designate an agency to serve as Chair
of the Working Group and be responsible for the planning, management,
and coordination of the Program, including budget coordination.
Specific agency roles and responsibilities under the Program shall be
defined in the implementation plan required under subsection (e).
General agency responsibilities shall include the following:
(1) The National Institute of Standards and Technology
shall support research and development to improve building
codes and standards and practices for design and construction
of buildings, structures, and lifelines.
(2) The National Science Foundation shall support research
in engineering and the atmospheric sciences to improve the
understanding of the behavior of windstorms and their impact on
buildings, structures, and lifelines.
(3) The National Oceanic and Atmospheric Administration
shall support atmospheric sciences research to improve the
understanding of the behavior of windstorms and their impact on
buildings, structures, and lifelines.
(4) The Federal Emergency Management Agency shall support
the development of risk assessment tools and effective
mitigation techniques, windstorm-related data collection and
analysis, public outreach, information dissemination, and
implementation of mitigation measures consistent with the
Agency's all-hazards approach.
(d) Program Components.--
(1) In general.--The Program shall consist of three primary
mitigation components: improved understanding of windstorms,
windstorm impact assessment, and windstorm impact reduction.
The components shall be implemented through activities such as
data collection and analysis, risk assessment, outreach,
technology transfer, and research and development. To the
extent practicable, research activities authorized under this
Act shall be peer-reviewed, and the components shall be
designed to be complementary to, and avoid duplication of,
other public and private hazard reduction efforts.
(2) Understanding of windstorms.--Activities to enhance the
understanding of windstorms shall include research to improve
knowledge of and data collection on the impact of severe wind
on buildings, structures, and infrastructure.
(3) Windstorm impact assessment.--Activities to improve
windstorm impact assessment shall include--
(A) development of mechanisms for collecting and
inventorying information on the performance of
buildings, structures, and infrastructure in windstorms
and improved collection of pertinent information from
sources, including the design and construction
industry, insurance companies, and building officials;
(B) research, development, and technology transfer
to improve loss estimation and risk assessment systems;
and
(C) research, development, and technology transfer
to improve simulation and computational modeling of
windstorm impacts.
(4) Windstorm impact reduction.--Activities to reduce
windstorm impacts shall include--
(A) development of improved outreach and
implementation mechanisms to translate existing
information and research findings into cost-effective
and affordable practices for design and construction
professionals, and State and local officials;
(B) development of cost-effective and affordable
windstorm-resistant systems, structures, and materials
for use in new construction and retrofit of existing
construction; and
(C) outreach and information dissemination related
to cost-effective and affordable construction
techniques, loss estimation and risk assessment
methodologies, and other pertinent information
regarding windstorm phenomena to Federal, State, and
local officials, the construction industry, and the
general public.
(e) Implementation Plan.--Not later than 1 year after date of
enactment of this Act, the Interagency Working Group shall develop and
transmit to the Congress an implementation plan for achieving the
objectives of the Program. The plan shall include--
(1) an assessment of past and current public and private
efforts to reduce windstorm impacts, including a comprehensive
review and analysis of windstorm mitigation activities
supported by the Federal Government;
(2) a description of plans for technology transfer and
coordination with natural hazard mitigation activities
supported by the Federal Government;
(3) a statement of strategic goals and priorities for each
Program component area;
(4) a description of how the Program will achieve such
goals, including detailed responsibilities for each agency; and
(5) a description of plans for cooperation and coordination
with interested public and private sector entities in each
program component area.
(f) Biennial Report.--The Interagency Working Group shall, on a
biennial basis, and not later than 180 days after the end of the
preceding 2 fiscal years, transmit a report to the Congress describing
the status of the windstorm impact reduction program, including
progress achieved during the preceding two fiscal years. Each such
report shall include any recommendations for legislative and other
action the Interagency Working Group considers necessary and
appropriate. In developing the biennial report, the Interagency Working
Group shall consider the recommendations of the Advisory Committee
established under section 5.
SEC. 5. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION.
(a) Establishment.--The Director shall establish a National
Advisory Committee on Windstorm Impact Reduction, consisting of not
less than 11 and not more than 15 non-Federal members representing a
broad cross section of interests such as the research, technology
transfer, design and construction, and financial communities; materials
and systems suppliers; State, county, and local governments; the
insurance industry; and other representatives as designated by the
Director.
(b) Assessment.--The Advisory Committee shall assess--
(1) trends and developments in the science and engineering
of windstorm impact reduction;
(2) the effectiveness of the Program in carrying out the
activities under section 4(d);
(3) the need to revise the Program; and
(4) the management, coordination, implementation, and
activities of the Program.
(c) Biennial Report.--At least once every two years, the Advisory
Committee shall report to Congress and the Interagency Working Group on
the assessment carried out under subsection (b).
(d) Sunset Exemption.--Section 14 of the Federal Advisory Committee
Act shall not apply to the Advisory Committee established under this
section.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act supersedes any provision of the National
Manufactured Housing Construction and Safety Standards Act of 1974. No
design, construction method, practice, technology, material, mitigation
methodology, or hazard reduction measure of any kind developed under
this Act shall be required for a home certified under section 616 of
the National Manufactured Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. 5415), pursuant to standards issued under such Act,
without being subject to the consensus development process and
rulemaking procedures of that Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Federal Emergency Management Agency.--There are authorized to
be appropriated to the Federal Emergency Management Agency for carrying
out this Act--
(1) $8,700,000 for fiscal year 2006; and
(2) $9,400,000 for fiscal year 2007.
(b) National Science Foundation.--From sums otherwise authorized to
be appropriated, there are authorized to be appropriated to the
National Science Foundation for carrying out this Act--
(1) $8,700,000 for fiscal year 2006; and
(2) $9,400,000 for fiscal year 2007.
(c) National Institute of Standards and Technology.--From sums
otherwise authorized to be appropriated, there are authorized to be
appropriated to the National Institute of Standards and Technology for
carrying out this Act--
(1) $3,000,000 for fiscal year 2006; and
(2) $4,000,000 for fiscal year 2007.
(d) National Oceanic and Atmospheric Administration.--From sums
otherwise authorized to be appropriated, there are authorized to be
appropriated to the National Oceanic and Atmospheric Administration for
carrying out this Act--
(1) $2,100,000 for fiscal year 2006; and
(2) $2,200,000 for fiscal year 2007.
SEC. 8. BIENNIAL REPORT.
Section 37(a) of the Science and Engineering Equal Opportunities
Act (42 U.S.C. 1885d(a)) is amended by striking ``By January 30, 1982,
and biennially thereafter'' and inserting ``By January 30 of each odd-
numbered year''.
Passed the House of Representatives July 7, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | National Windstorm Impact Reduction Act of 2004 - (Sec. 4) Establishes the National Windstorm Impact Reduction Program, the objective of which is to achieve major measurable reductions in losses of life and property from windstorms.
Requires the Director of the Office of Science and Technology Policy to establish an Interagency Working Group consisting of representatives of the National Science Foundation (NSF), the National Oceanic and Atmospheric Administration (NOAA), the National Institute of Standards and Technology (NIST), the Federal Emergency Management Agency (FEMA), and other Federal agencies as appropriate. Outlines general agency responsibilities.
Requires the Program to consist of the following primary mitigation components: (1) improved understanding of windstorms; (2) windstorm impact assessment; and (3) windstorm impact reduction, which shall be implemented through activities such as data collection and analysis and research and development. Requires research activities authorized under this Act to be peer-reviewed and the components to be designed to be complementary to, and avoid duplication of, other hazard reduction efforts.
Requires the Working Group to: (1) develop an implementation plan for achieving Program objectives; and (2) transmit biennial reports on the status of the Program.
(Sec. 5) Requires the Director to establish a National Advisory Committee on Windstorm Impact Reduction to assess: (1) trends and developments in the science and engineering of windstorm impact reduction; (2) the effectiveness of the Program in carrying out the Program components; (3) revising the Program; and (4) implementation and management of the Program. Requires the Advisory Committee to report biennially on such assessment.
(Sec. 6) Prohibits anything in this Act from superseding any provision of the National Manufactured Housing Construction and Safety Standards Act of 1974. Bars any design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this Act from being required for a home certified under the Act pursuant to standards issued under such Act, without being subject to the consensus development process and rulemaking procedures of that Act.
(Sec. 7) Authorizes appropriations for FY 2006 and 2007 for: (1) FEMA; (2) NSF; (3) NIST; and (4) NOAA.
(Sec. 8) Changes, from January 30 of even-numbered years to January 30 of odd-numbered years, the due date for the NSF biennial report required under the Science and Engineering Equal Opportunities Act. | {"src": "billsum_train", "title": "To establish a National Windstorm Impact Reduction Program."} | 2,375 | 544 | 0.628703 | 2.166153 | 0.708342 | 4.565762 | 4.720251 | 0.933194 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Passenger Vessel Safety Act of
1993''.
SEC. 2. PASSENGER.
Section 2101(21) of title 46, United States Code, is amended to
read as follows:
``(21) `passenger'--
``(A) means an individual carried on the vessel
except--
``(i) the owner or an individual
representative of the owner or, in the case of
a vessel under charter, an individual charterer
or individual representative of the charterer;
``(ii) the master; or
``(iii) a member of the crew engaged in the
business of the vessel who has not contributed
consideration for carriage and who is paid for
on board services.
``(B) on an offshore supply vessel, means an
individual carried on the vessel except--
``(i) an individual included in clause (i),
(ii), or (iii) of subparagraph (A) of this
paragraph;
``(ii) an employee of the owner, or of a
subcontractor to the owner, engaged in the
business of the owner;
``(iii) an employee of the charterer, or of
a subcontractor to the charterer, engaged in
the business of the charterer; or
``(iv) an individual employed in a phase of
exploration, exploitation, or production of
offshore mineral or energy resources served by
the vessel.
``(C) on a fishing vessel, fish processing vessel,
or fish tender vessel, means an individual carried on
the vessel except--
``(i) an individual included in clause (i),
(ii), or (iii) of subparagraph (A) of this
paragraph;
``(ii) a managing operator;
``(iii) an employee of the owner, or of a
subcontractor to the owner, engaged in the
business of the owner; or
``(iv) an employee of the charterer, or of
a subcontractor to the charterer, engaged in
the business of the charterer.
``(D) on a sailing school vessel, means an
individual carried on the vessel except--
``(i) an individual included in clause (i),
(ii), or (iii) of subparagraph (A) of this
paragraph;
``(ii) an employee of the owner of the
vessel engaged in the business of the owner,
except when the vessel is operating under a
demise charter;
``(iii) an employee of the demise charterer
of the vessel engaged in the business of the
demise charterer; or
``(iv) a sailing school instructor or
sailing school student.''.
SEC. 3. PASSENGER VESSEL.
Section 2101(22) of title 46, United States Code, is amended to
read as follows:
``(22) `passenger vessel' means a vessel of at least 100
gross tons--
``(A) carrying more than 12 passengers, including
at least one passenger for hire;
``(B) that is chartered and carrying more than 12
passengers; or
``(C) that is a submersible vessel carrying at
least one passenger for hire.''.
SEC. 4. SMALL PASSENGER VESSEL.
Section 2101(35) of title 46, United States Code, is amended to
read as follows:
``(35) `small passenger vessel' means a vessel of less than
100 gross tons--
``(A) carrying more than 6 passengers, including at
least one passenger for hire;
``(B) that is chartered with the crew provided or
specified by the owner or the owner's representative
and carrying more than 6 passengers;
``(C) that is chartered with no crew provided or
specified by the owner or the owner's representative
and carrying more than 12 passengers; or
``(D) that is a submersible vessel carrying at
least one passenger for hire.''.
SEC. 5. UNINSPECTED PASSENGER VESSEL.
Section 2101(42) of title 46, United States Code, is amended to
read as follows:
``(42) `uninspected passenger vessel' means an uninspected
vessel--
``(A) of at least 100 gross tons--
``(i) carrying not more than 12 passengers,
including at least one passenger for hire; or
``(ii) that is chartered with the crew
provided or specified by the owner or the
owner's representative and carrying not more
than 12 passengers; and
``(B) of less than 100 gross tons--
``(i) carrying not more than 6 passengers,
including at least one passenger for hire; or
``(ii) that is chartered with the crew
provided or specified by the owner or the
owner's representative and carrying not more
than 6 passengers.''.
SEC. 6. PASSENGER FOR HIRE.
Section 2101 of title 46, United States Code, is amended by
inserting between paragraphs (21) and (22) a new paragraph (21a) to
read as follows:
``(21a) `passenger for hire' means a passenger for whom
consideration is contribution as a condition of carriage on the
vessel, whether directly or indirectly flowing to the owner,
charterer, operator, agent, or any other person having an
interest in the vessel.''.
SEC. 7. CONSIDERATION.
Section 2101 of title 46, United States Code, is amended by
inserting between paragraphs (5) and (6) a new paragraph (5a) to read
as follows:
``(5a) `consideration' means an economic benefit,
inducement, right, or profit including pecuniary payment
accruing to an individual, person, or entity, but not including
a voluntary sharing of the actual expenses of the voyage, by
monetary contribution or donation of fuel, food, beverage, or
other supplies.''.
SEC. 8. OFFSHORE SUPPLY VESSEL.
Section 2101(19) of title 46, United States Code, is amended by
inserting ``individuals in addition to the crew,'' immediately after
``supplies,'' and by striking everything after ``resources'' to the
period at the end.
SEC. 9. SAILING SCHOOL VESSEL.
Section 2101(30) of title 46, United States Code, is amended in
subparagraph (B) by striking ``at least 6'' and substituting ``more
than 6''.
SEC. 10. SUBMERSIBLE VESSEL.
Section 2101 of title 46, United States Code, is amended by
inserting between paragraphs (37) and (38) a new paragraph (37a) to
read as follows:
``(37a) `submersible vessel' means a vessel that is capable
of operating below the surface of the water.''.
SEC. 11. GENERAL PROVISION.
(a) Section 2113 of title 46, United States Code, is amended to
read as follows:
``Sec. 2113. Authority to exempt certain vessels
``If the Secretary decides that the application of a provision of
part B, C, F, or G of this subtitle is not necessary in performing the
mission of the vessel engaged in excursions or an oceanographic
research vessel, or not necessary for the safe operation of certain
vessels carrying passengers, the Secretary by regulation may--
``(1) for an excursion vessel, issue a special permit
specifying the conditions of operation and equipment;
``(2) exempt an oceanographic research vessel from that
provision under conditions the Secretary may specify; and
``(3) establish different operating and equipment
requirements for vessels defined in section 2101(42)(A) of this
title.''.
(b) Section 4105 of title 46, United States Code, is amended--
(1) by inserting ``(a)'' before the text; and
(2) by adding a new subsection (b) to read as follows:
``(b) Within twenty-four months of the date of enactment of this
subsection, the Secretary shall, by regulation, require certain
additional equipment which may include liferafts or other lifesaving
equipment, construction standards, or specify additional operating
standards for those uninspected passenger vessels defined in section
2101(42)(A) of this title.''.
SEC. 12. EFFECTIVE DATE.
(a) Regulations governing small passenger vessels and passenger
vessels, as those terms are defined in 46 U.S.C. 2101, which are
chartered with no crew provided shall not apply before May 1, 1994.
(b) The Secretary of the Department in which the Coast Guard is
operating may extend the time period for compliance with the
regulations referenced in subsection (a) for an initial period of up to
one year and may extend the period of compliance for one additional
period of up to one year if the owner of the vessel demonstrates to the
satisfaction of the Secretary that a good faith effort, with due
diligence and care, has failed to enable compliance with the deadline
under subsection (a).
SEC. 13. SENSE OF CONGRESS REGARDING USE OF VESSELS CONSTRUCTED IN
UNITED STATES FOR CARRYING PASSENGERS FOR HIRE.
It is the sense of the Congress that persons who, for the purpose
of carrying passengers for hire in the United States, operate or
charter vessels with respect to which this Act (including the
amendments made by this Act) applies should only operate and charter
for that purpose vessels constructed in the United States.
Passed the House of Representatives June 9, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Passenger Vessel Safety Act of 1993 - Amends Federal marine safety law to revise certain definitions regarding passengers, passenger vessels, and certain other types of vessels (including offshore supply, sailing school, and submersible vessels). Authorizes the Secretary of the Department in which the Coast Guard is operating to exempt certain excursion, oceanographic research, and other vessels carrying passengers from certain marine safety laws. Authorizes the Secretary to establish different operating and equipment requirements for such vessels. Requires the Secretary to issue regulations for uninspected passenger vessels: (1) requiring certain additional equipment (including liferafts or other lifesaving equipment) and construction standards; or (2) specifying additional operating standards. Authorizes the Secretary to extend for one year (renewable for another year) the time period for small passenger vessels and passenger vessels chartered with no crew provided to comply with such marine safety requirements, if the owner of such a vessel can demonstrate a good faith effort to comply with such requirements. Expresses the sense of the Congress that operators of passenger vessels should use only U.S.-made vessels. | {"src": "billsum_train", "title": "Passenger Vessel Safety Act of 1993"} | 2,136 | 237 | 0.404451 | 1.0983 | 0.633826 | 2.522388 | 9.940299 | 0.850746 |
SECTION 1. TEACHER PROFESSIONAL DEVELOPMENT INSTITUTES.
Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended by adding at the end the following:
``PART C--TEACHER PROFESSIONAL DEVELOPMENT INSTITUTES
``SEC. 241. SHORT TITLE.
``This part may be cited as the `Teacher Professional Development
Institutes Act'.
``SEC. 242. FINDINGS AND PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1) The ongoing professional development of teachers in
the subjects the teachers teach is essential for improved
student learning.
``(2) Attaining the goal of the No Child Left Behind Act of
2001, of having a teacher who is highly qualified in every core
subject classroom, will require innovative and effective
approaches to improving the quality of teaching.
``(3) The Teachers Institute Model is an innovative
approach that encourages a collaboration between urban school
teachers and university faculty. The Teachers Institute Model
focuses on the continuing academic preparation of school
teachers and the application of what the teachers study to
their classrooms and potentially to the classrooms of other
teachers.
``(4) The Teachers Institute Model has also been
successfully demonstrated over a 3-year period in a National
Demonstration Project (hereafter in this part referred to as
the `National Demonstration Project') in several cities.
``(b) Purpose.--The purpose of this part is to provide Federal
assistance to support the establishment and operation of Teachers
Institutes for local educational agencies that serve significant low-
income populations in States throughout the Nation--
``(1) to improve student learning; and
``(2) to enhance the quality of teaching by strengthening
the subject matter mastery of current teachers through
continuing teacher preparation.
``SEC. 243. DEFINITIONS.
``In this part:
``(1) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act) applicable to a
family of the size involved.
``(2) Significant low-income population.--The term
`significant low-income population' means a student population
of which not less than 25 percent are from families with
incomes below the poverty line.
``(3) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``(4) Teachers institute.--The term `Teachers Institute'
means a partnership or joint venture between or among 1 or more
institutions of higher education, and 1 or more local
educational agencies serving a significant low-income
population, which partnership or joint venture--
``(A) is entered into for the purpose of improving
the quality of teaching and learning through
collaborative seminars designed to enhance both the
subject matter and the pedagogical resources of the
seminar participants; and
``(B) works in collaboration to determine the
direction and content of the collaborative seminars.
``SEC. 244. GRANT AUTHORITY.
``(a) In General.--The Secretary is authorized--
``(1) to award grants to Teachers Institutes to encourage
the establishment and operation of Teachers Institutes; and
``(2) to provide technical assistance, either directly or
through existing Teachers Institutes, to assist local
educational agencies and institutions of higher education in
preparing to establish and in operating Teachers Institutes.
``(b) Selection Criteria.--In selecting a Teachers Institute for a
grant under this part, the Secretary shall consider--
``(1) the extent to which the proposed Teachers Institute
will serve a community with a significant low-income
population;
``(2) the extent to which the proposed Teachers Institute
will follow the Understandings and Necessary Procedures that
have been developed following the National Demonstration
Project;
``(3) the extent to which the local educational agency
participating in the proposed Teachers Institute has a high
percentage of teachers who are unprepared or under prepared to
teach the core academic subjects the teachers are assigned to
teach; and
``(4) the extent to which the proposed Teachers Institute
will receive a level of support from the community and other
sources that will ensure the requisite long-term commitment for
the success of a Teachers Institute.
``(c) Consultation.--
``(1) In general.--In evaluating applications under
subsection (b), the Secretary may request the advice and
assistance of existing Teachers Institutes.
``(2) State agencies.--If the Secretary receives 2 or more
applications for new Teachers Institutes that propose serving
the same State, the Secretary shall consult with the State
educational agency regarding the applications.
``(d) Fiscal Agent.--For the purpose of this part, an institution
of higher education participating in a Teachers Institute shall serve
as the fiscal agent for the receipt of grant funds under this part.
``(e) Limitations.--A grant under this part--
``(1) shall be awarded for a period not to exceed 5 years;
and
``(2) shall not exceed 50 percent of the total costs of the
eligible activities, as determined by the Secretary.
``SEC. 245. ELIGIBLE ACTIVITIES.
``(a) In General.--Grant funds awarded under this part may be
used--
``(1) for the planning and development of applications for
the establishment of Teachers Institutes;
``(2) to provide assistance to the Teachers Institutes
established during the National Demonstration Project to enable
the Teachers Institutes--
``(A) to develop further the Teachers Institutes;
or
``(B) to support the planning and development of
applications for new Teachers Institutes;
``(3) for the salary and necessary expenses of a full-time
director to plan and manage the Teachers Institute and to act
as liaison between the local educational agency and the
institution of higher education participating in the Teachers
Institute;
``(4) to provide suitable office space, staff, equipment,
and supplies, and to pay other operating expenses, for the
Teachers Institute;
``(5) to provide a stipend for teachers participating in
collaborative seminars in the sciences and humanities, and to
provide remuneration for those members of the faculty of the
institution of higher education participating in the Teachers
Institute who lead the seminars; and
``(6) to provide for the dissemination through print and
electronic means of curriculum units prepared in the seminars
conducted by the Teachers Institute.
``(b) Technical Assistance.--The Secretary may use not more than 50
percent of the funds appropriated to carry out this part to provide
technical assistance to facilitate the establishment and operation of
Teachers Institutes. For the purpose of this subsection, the Secretary
may contract with existing Teachers Institutes to provide all or a part
of the technical assistance under this subsection.
``SEC. 246. APPLICATION, APPROVAL, AND AGREEMENT.
``(a) In General.--To receive a grant under this part, a Teachers
Institute shall submit an application to the Secretary that--
``(1) meets the requirement of this part and any
regulations under this part;
``(2) includes a description of how the Teachers Institute
intends to use funds provided under the grant;
``(3) includes such information as the Secretary may
require to apply the criteria described in section 244(b);
``(4) includes measurable objectives for the use of the
funds provided under the grant; and
``(5) contains such other information and assurances as the
Secretary may require.
``(b) Approval.--The Secretary shall--
``(1) promptly evaluate an application received for a grant
under this part; and
``(2) notify the applicant within 90 days of the receipt of
a completed application of the Secretary's approval or
disapproval of the application.
``(c) Agreement.--Upon approval of an application, the Secretary
and the Teachers Institute shall enter into a comprehensive agreement
covering the entire period of the grant.
``SEC. 247. REPORTS AND EVALUATIONS.
``(a) Report.--Each Teachers Institute receiving a grant under this
part shall report annually on the progress of the Teachers Institute in
achieving the purpose of this part and the purposes of the grant.
``(b) Evaluation and Dissemination.--
``(1) Evaluation.--The Secretary shall evaluate the
activities funded under this part and submit an annual report
regarding the activities to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of Representatives.
``(2) Dissemination.--The Secretary shall broadly
disseminate successful practices developed by Teachers
Institutes.
``(c) Revocation.--If the Secretary determines that a Teachers
Institute is not making substantial progress in achieving the purpose
of this part and the purposes of the grant by the end of the second
year of the grant under this part, the Secretary may take appropriate
action, including revocation of further payments under the grant, to
ensure that the funds available under this part are used in the most
effective manner.
``SEC. 248. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part--
``(1) $4,000,000 for fiscal year 2005;
``(2) $5,000,000 for fiscal year 2006;
``(3) $6,000,000 for fiscal year 2007;
``(4) $7,000,000 for fiscal year 2008; and
``(5) $8,000,000 for fiscal year 2009.''. | Teacher Professional Development Institutes Act - Amends the the Higher Education Act of 1965 to establish a program for Teachers Institutes (TIs).
Requires a TI to: (1) be a partnership or joint venture between or among one or more institutions of higher education (IHEs) and one or more local educational agencies (LEAs) serving a significant low-income population; and (2) use collaborative seminars to enhance subject matter and participants' teaching resources.
Authorizes the Secretary of Education to: (1) award grants to TIs to establish and operate TIs; and (2) provide technical assistance to LEAs and IHEs to prepare to establish and to operate TIs. | {"src": "billsum_train", "title": "A bill to provide a grant program to support the establishment and operation of Teachers Institutes."} | 2,099 | 149 | 0.508018 | 1.313693 | 0.680772 | 2.581395 | 15.534884 | 0.860465 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educating to Prevent Eating
Disorders Act of 2015''.
SEC. 2. PILOT PROGRAM TO TEST IMPACT OF EARLY INTERVENTION ON EATING
DISORDERS.
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. PILOT PROGRAM TO TEST IMPACT OF EARLY INTERVENTION ON
EATING DISORDERS.
``(a) In General.--The Secretary, through the Director of the
Agency for Healthcare Research and Quality, may establish a pilot
program, for a period of three consecutive school years, to test the
impact of providing students in eligible schools with interventions to
prevent, identify, intervene, and manage eating disorders.
``(b) Grants.--
``(1) In general.--Under such pilot program, the Secretary
shall award grants to eligible schools. Each such grant shall
be for the period of the pilot program.
``(2) Uses.--Each eligible school receiving a grant under
the pilot program shall use such grant to--
``(A) develop best practices, in accordance, as
appropriate, with input from research experts in the
eating disorders field, for eligible health care
providers to assess and recognize students with eating
disorders and to respond appropriately;
``(B) hire an eligible health care provider to--
``(i) in accordance with the best practices
developed pursuant to subparagraph (A), assess
and recognize whether students in grades 6
through 8 attending such school have eating
disorders and respond appropriately to
individuals with eating disorders among
students attending such school, including by
providing counsel and by referral;
``(ii) provide educational information and
seminars, developed in partnership with
research experts in the field of eating
disorders, to teachers at such school and
parents of students attending such school to
assist such teachers and parents in recognizing
the symptoms of eating disorders and
understanding how to seek help and
intervention; and
``(iii) otherwise serve as a full-time
health care provider for such school.
``(c) Eligible School.--For purposes of this section, the term
`eligible school' means a public or private school that--
``(1) serves students in grades 6 through 8;
``(2) submits to the Secretary, through the Director of the
Agency for Healthcare Research and Quality, an application to
participate in the pilot program, containing such information
as specified by the Secretary, through the Director;
``(3) is assessed as having a need for a school nurse
trained in assessing students to recognize and respond to
eating disorders; and
``(4) is selected by the Secretary, through the Director of
the Agency for Healthcare Research and Quality, in a manner
such that schools are selected in each of the regions served by
a regional office of the Department of Health and Human
Services.
``(d) Eligible Health Care Provider.--For purposes of this section,
the term `eligible health care provider' means a health care provider,
including a guidance counselor, who received a degree or training
within a field of health, including mental health or counseling.
``(e) Reports.--
``(1) In general.--Not later than 6 months after the last
day of the pilot program, each eligible school participating in
the pilot program shall submit to the Secretary of Health and
Human Services a report evaluating the process and the outcomes
of the pilot program, with respect to such school, during the
period of the program. Each such report, with respect to an
eligible school, shall include at least the following:
``(A) The number of students assessed under the
pilot program at such school, presented by age, sex,
and ethnicity.
``(B) The number of students identified under the
pilot program at such school during such program as
potentially in need of referral and counseling, the
number of such students that participated in counseling
and follow-up referrals, and the number of such
students who showed improvement based on follow up
assessments.
``(C) The number of educational seminars described
in subsection (b)(2)(B) provided under the pilot
program at such school, presented by categories of
parents and teachers.
``(D) The number of parents and teachers that
indicated they needed more information or assistance in
responding to a potential problem relating to eating
disorders.
``(E) An evaluation of best practices which worked
best for the student population of the eligible school.
``(2) Posting on ahrq website.--Not later than 12 months
after the last day of the pilot program, the Secretary shall
post on the public Internet website of the Agency for
Healthcare Research and Quality aggregate information on the
pilot program described in subparagraphs (A) through (D) of
paragraph (1) based on the information submitted under such
paragraph.
``(f) No Additional Authorization of Appropriations.--Amounts
otherwise made available to the Centers for Disease Control and
Prevention for purposes of surveillance activities shall be made
available to carry out this section. No amounts other than those made
available pursuant to the previous sentence are authorized for
appropriation to carry out this section.''. | Educating to Prevent Eating Disorders Act of 2015 This bill amends the Public Health Service Act to permit the Agency for Healthcare Research and Quality to establish a pilot program to provide students with interventions for eating disorders. Under this pilot program, grants must be awarded to schools that serve students in grades 6-8 and need a nurse trained in recognizing and responding to eating disorders. Schools must use these grants to develop best practices for health care providers to assess, recognize, and respond to students with eating disorders and to hire a health care provider to: (1) follow these best practices, (2) provide information and seminars on eating disorders to teachers and parents, and (3) otherwise serve as a full time health care provider for the school. | {"src": "billsum_train", "title": "Educating to Prevent Eating Disorders Act of 2015"} | 1,159 | 150 | 0.666285 | 1.827336 | 0.751955 | 2.613793 | 7.62069 | 0.944828 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Communications Privacy
Act Amendments Act of 2015''.
SEC. 2. CONFIDENTIALITY OF ELECTRONIC COMMUNICATIONS.
Section 2702(a)(3) of title 18, United States Code, is amended to
read as follows:
``(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly divulge
to any governmental entity the contents of any communication
described in section 2703(a), or any record or other
information pertaining to a subscriber or customer of such
service.''.
SEC. 3. ELIMINATION OF 180-DAY RULE; SEARCH WARRANT REQUIREMENT;
REQUIRED DISCLOSURE OF CUSTOMER RECORDS.
(a) In General.--Section 2703 of title 18, United States Code, is
amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Contents of Wire or Electronic Communications.--A
governmental entity may require the disclosure by a provider of
electronic communication service or remote computing service of the
contents of a wire or electronic communication that is in electronic
storage with or otherwise stored, held, or maintained by the provider
only if the governmental entity obtains a warrant issued using the
procedures described in the Federal Rules of Criminal Procedure (or, in
the case of a State court, issued using State warrant procedures) that
is issued by a court of competent jurisdiction directing the
disclosure.
``(b) Notice.--Except as provided in section 2705, not later than
10 business days in the case of a law enforcement agency, or not later
than 3 business days in the case of any other governmental entity,
after a governmental entity receives the contents of a wire or
electronic communication of a subscriber or customer from a provider of
electronic communication service or remote computing service under
subsection (a), the governmental entity shall serve upon, or deliver to
by registered or first-class mail, electronic mail, or other means
reasonably calculated to be effective, as specified by the court
issuing the warrant, the subscriber or customer--
``(1) a copy of the warrant; and
``(2) a notice that includes the information referred to in
clauses (i) and (ii) of section 2705(a)(4)(B).
``(c) Records Concerning Electronic Communication Service or Remote
Computing Service.--
``(1) In general.--Subject to paragraph (2), a governmental
entity may require a provider of electronic communication
service or remote computing service to disclose a record or
other information pertaining to a subscriber or customer of the
provider or service (not including the contents of
communications), only if the governmental entity--
``(A) obtains a warrant issued using the procedures
described in the Federal Rules of Criminal Procedure
(or, in the case of a State court, issued using State
warrant procedures) that is issued by a court of
competent jurisdiction directing the disclosure;
``(B) obtains a court order directing the
disclosure under subsection (d);
``(C) has the consent of the subscriber or customer
to the disclosure; or
``(D) submits a formal written request relevant to
a law enforcement investigation concerning
telemarketing fraud for the name, address, and place of
business of a subscriber or customer of the provider or
service that is engaged in telemarketing (as defined in
section 2325).
``(2) Information to be disclosed.--A provider of
electronic communication service or remote computing service
shall, in response to an administrative subpoena authorized by
Federal or State statute, a grand jury, trial, or civil
discovery subpoena, or any means authorized under paragraph
(1), disclose to a governmental entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection
records, or records of session times and durations;
``(D) length of service (including start date) and
types of service used;
``(E) telephone or instrument number or other
subscriber number or identity, including any
temporarily assigned network address; and
``(F) means and source of payment for such service
(including any credit card or bank account number),
of a subscriber or customer of such service.
``(3) Notice not required.--A governmental entity that
receives records or information under this subsection is not
required to provide notice to a subscriber or customer.''; and
(2) by adding at the end the following:
``(h) Rule of Construction.--Nothing in this section or in section
2702 shall be construed to limit the authority of a governmental entity
to use an administrative subpoena authorized under a Federal or State
statute or to use a Federal or State grand jury, trial, or civil
discovery subpoena to--
``(1) require an originator, addressee, or intended
recipient of an electronic communication to disclose the
contents of the electronic communication to the governmental
entity; or
``(2) require an entity that provides electronic
communication services to the officers, directors, employees,
or agents of the entity (for the purpose of carrying out their
duties) to disclose the contents of an electronic communication
to or from an officer, director, employee, or agent of the
entity to a governmental entity, if the electronic
communication is held, stored, or maintained on an electronic
communications system owned or operated by the entity.''.
(b) Technical and Conforming Amendments.--Section 2703(d) of title
18, United States Code, is amended--
(1) by striking ``A court order for disclosure under
subsection (b) or (c)'' and inserting ``A court order for
disclosure under subsection (c)''; and
(2) by striking ``the contents of a wire or electronic
communication, or''.
SEC. 4. DELAYED NOTICE.
Section 2705 of title 18, United States Code, is amended to read as
follows:
``Sec. 2705. Delayed notice
``(a) Delay of Notification.--
``(1) In general.--A governmental entity that is seeking a
warrant under section 2703(a) may include in the application
for the warrant a request for an order delaying the
notification required under section 2703(b) for a period of not
more than 180 days in the case of a law enforcement agency, or
not more than 90 days in the case of any other governmental
entity.
``(2) Determination.--A court shall grant a request for
delayed notification made under paragraph (1) if the court
determines that there is reason to believe that notification of
the existence of the warrant may result in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an
investigation or unduly delaying a trial.
``(3) Extension.--Upon request by a governmental entity, a
court may grant one or more extensions of the delay of
notification granted under paragraph (2) of not more than 180
days in the case of a law enforcement agency, or not more than
90 days in the case of any other governmental entity.
``(4) Expiration of the delay of notification.--Upon
expiration of the period of delay of notification under
paragraph (2) or (3), the governmental entity shall serve upon,
or deliver to by registered or first-class mail, electronic
mail, or other means reasonably calculated to be effective as
specified by the court approving the search warrant, the
customer or subscriber--
``(A) a copy of the warrant; and
``(B) notice that informs the customer or
subscriber--
``(i) of the nature of the law enforcement
inquiry with reasonable specificity;
``(ii) that information maintained for the
customer or subscriber by the provider of
electronic communication service or remote
computing service named in the process or
request was supplied to, or requested by, the
governmental entity;
``(iii) of the date on which the warrant
was served on the provider and the date on
which the information was provided by the
provider to the governmental entity;
``(iv) that notification of the customer or
subscriber was delayed;
``(v) the identity of the court authorizing
the delay; and
``(vi) of the provision of this chapter
under which the delay was authorized.
``(b) Preclusion of Notice to Subject of Governmental Access.--
``(1) In general.--A governmental entity that is obtaining
the contents of a communication or information or records under
section 2703 may apply to a court for an order directing a
provider of electronic communication service or remote
computing service to which a warrant, order, subpoena, or other
directive under section 2703 is directed not to notify any
other person of the existence of the warrant, order, subpoena,
or other directive for a period of not more than 180 days in
the case of a law enforcement agency, or not more than 90 days
in the case of any other governmental entity.
``(2) Determination.--A court shall grant a request for an
order made under paragraph (1) if the court determines that
there is reason to believe that notification of the existence
of the warrant, order, subpoena, or other directive may result
in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an
investigation or unduly delaying a trial.
``(3) Extension.--Upon request by a governmental entity, a
court may grant one or more extensions of an order granted
under paragraph (2) of not more than 180 days in the case of a
law enforcement agency, or not more than 90 days in the case of
any other governmental entity.
``(4) Prior notice to law enforcement.--Upon expiration of
the period of delay of notice under this section, and not later
than 3 business days before providing notice to a customer or
subscriber, a provider of electronic communication service or
remote computing service shall notify the governmental entity
that obtained the contents of a communication or information or
records under section 2703 of the intent of the provider of
electronic communication service or remote computing service to
notify the customer or subscriber of the existence of the
warrant, order, or subpoena seeking that information.
``(c) Definition.--In this section and section 2703, the term `law
enforcement agency' means an agency of the United States, a State, or a
political subdivision of a State, authorized by law or by a government
agency to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of criminal law, or any
other Federal or State agency conducting a criminal investigation.''.
SEC. 5. EVALUATION BY THE GOVERNMENT ACCOUNTABILITY OFFICE.
Not later than September 30, 2017, the Comptroller General of the
United States shall submit to Congress a report regarding the
disclosure of customer communications and records under section 2703 of
title 18, United States Code, which shall include--
(1) an analysis and evaluation of such disclosure under
section 2703 of title 18, United States Code, as in effect
before the date of enactment of this Act, including--
(A) a comprehensive analysis and evaluation
regarding the number of individual instances, in each
of the 5 years before the year in which this Act is
enacted, in which Federal, State, or local law
enforcement officers used section 2703 of title 18,
United States Code, to obtain information relevant to
an ongoing criminal investigation;
(B) an analysis of the average length of time taken
by a provider of an electronic communication service or
a remote computing service to comply with requests by
law enforcement officers for information under section
2703 of title 18, United States Code;
(C) the number of individual instances, in each of
the 5 years before the year in which this Act is
enacted, in which information was requested by law
enforcement officers from a provider of an electronic
communication service or a remote computing service
under a warrant as authorized under section 2703(a) of
title 18, United States Code;
(D) the number of individual instances and type of
request, in each of the 5 years before the year in
which this Act is enacted, in which information was
requested by law enforcement officers from a provider
of an electronic communication service or a remote
computing service under the other information request
provisions in section 2703 of title 18, United States
Code; and
(E) the number of individual instances, in each of
the 5 years before the year in which this Act is
enacted, in which law enforcement officers requested
delayed notification to the subscriber or customer
under section 2705 of title 18, United States Code; and
(2) an analysis and evaluation of such disclosure under
section 2703 of title 18, United States Code, as amended by
this Act, including--
(A) an evaluation of the effects of the amendments
to the warrant requirements on judges, court dockets,
or any other court operations;
(B) a survey of Federal, State, and local judges
and law enforcement officers to determine the average
length of time required for providers of an electronic
communication service or a remote computing service to
provide the contents of communications requested under
a search warrant, which shall include identifying the
number of instances in which a judge was required to
order a provider of an electronic communication service
or a remote computing service to appear to show cause
for failing to comply with a warrant or to issue an
order of contempt against a provider of an electronic
communication service or a remote computing service for
such a failure; and
(C) determining whether the amendments to the
warrant requirements resulted in an increase in the use
of the emergency exception under section 2702(b)(8) of
title 18, United States Code.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act shall be
construed to preclude the acquisition by the United States Government
of--
(1) the contents of a wire or electronic communication
pursuant to other lawful authorities, including the authorities
under chapter 119 of title 18 (commonly known as the ``Wiretap
Act''), the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), or any other provision of Federal law not
specifically amended by this Act; or
(2) records or other information relating to a subscriber
or customer of any electronic communications service or remote
computing service (not including the content of such
communications) pursuant to the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 119
of title 18 (commonly known as the ``Wiretap Act''), or any
other provision of Federal law not specifically amended by this
Act. | Electronic Communications Privacy Act Amendments Act of 2015 Amends the federal criminal code to prohibit a provider of remote computing service or electronic communication service to the public from knowingly divulging to a governmental entity the contents of any communication that is in electronic storage or otherwise maintained by the provider, subject to exceptions. Revises provisions under which the government may require a provider to disclose the contents of such communications. Eliminates the different requirements applicable under current law depending on whether such communications were: (1) stored for fewer than, or more than, 180 days by an electronic communication service; or (2) held by an electronic communication service as opposed to a remote computing service. Requires the government to obtain a warrant from a court before requiring providers to disclose the content of such communications regardless of how long the communication has been held in electronic storage by an electronic communication service or whether the information is sought from an electronic communication service or a remote computing service. Requires a law enforcement agency, within 10 days after receiving the contents of a customer's communication, or a governmental entity, within 3 days, to provide a customer whose communications were disclosed by the provider a copy of the warrant and a notice that such information was requested by, and supplied to, the government entity. Allows the government to request delays of such notifications. Prohibits disclosure requirements that apply to providers from being construed to limit the government's authority to use an administrative or civil discovery subpoena to require: (1) an originator or recipient of an electronic communication to disclose the contents of such communication, or (2) an entity that provides electronic communication services to its employees or agents to disclose the contents of an electronic communication to or from such employee or agent if the communication is on an electronic communications system owned or operated by the entity. Allows the government to apply for an order directing a provider, for a specified period, to refrain from notifying any other person that the provider has been required to disclose communications or records. Requires a Government Accountability Office report regarding disclosures of customer communications and records under provisions: (1) as in effect before the enactment of this bill, and (2) as amended by this bill. | {"src": "billsum_train", "title": "Electronic Communications Privacy Act Amendments Act of 2015"} | 3,341 | 473 | 0.64875 | 2.083409 | 0.799905 | 2.854118 | 7.435294 | 0.891765 |
SECTION 1. LIMITATION ON FOREIGN ASSISTANCE.
(a) Prohibition.--No amounts may be obligated or expended to
provide any direct United States assistance, loan guarantee, or debt
relief to a Government described under subsection (b).
(b) Covered Governments.--The Governments referred to in subsection
(a) are as follows:
(1) The Government of Libya.
(2) The Government of Egypt.
(3) The Government of Pakistan.
(4) The Government of a host country of a United States
diplomatic facility on the list submitted to Congress pursuant
to subsection (c).
(c) Determination by Secretary.--The Secretary of State shall
submit to Congress a list of all United States diplomatic facilities
attacked, trespassed upon, breached, or attempted to be attacked,
trespassed upon, or breached on or after September 1, 2012, not later
than 5 days after the date of enactment of this Act and not later than
5 days after any subsequent attack, trespass, breach, or attempt.
(d) Certification.--Beginning 90 days after the date of the
enactment of this Act, the President may certify to Congress that--
(1) a Government described under subsection (b)--
(A) is cooperating or has cooperated fully with
investigations into an attack, trespass, breach, or
attempted attack, trespass, or breach;
(B) has arrested or facilitated the arrest of, and
if requested has permitted extradition of, all
identifiable persons in such country associated with
organizing, planning, or participating in the attack,
trespass, breach, or attempted attack, trespass, or
breach;
(C) is facilitating or has facilitated any security
improvements at United States diplomatic facilities, as
requested by the United States Government; and
(D) is taking or has taken sufficient steps to
strengthen and improve reliability of local security in
order to prevent any future attack, trespass, or
breach; and
(2) all identifiable persons associated with organizing,
planning, or participating in the attack, trespass, breach, or
attempted attack, trespass, or breach--
(A) have been identified by the Federal Bureau of
Investigation, the Bureau of Diplomatic Security, or
other United States law enforcement entity; and
(B) are in United States custody.
(e) Request To Suspend Prohibition on Foreign Assistance.--
(1) In general.--Except as provided under paragraph (2),
upon submitting a certification under subsection (d) with
respect to a Government described under subsection (b), the
President may submit a request to Congress to suspend the
prohibition on foreign assistance to the Government.
(2) Pakistan.--No request under paragraph (1) may be
submitted with respect to the Government of Pakistan until--
(A) Dr. Shakil Afridi has been released alive from
prison in Pakistan;
(B) any criminal charges brought against Dr.
Afridi, including treason, have been dropped; and
(C) if necessary to ensure his freedom, Dr. Afridi
has been allowed to leave Pakistan alive.
(f) Expedited Consideration of Presidential Request.--
(1) In general.--For purposes of this subsection, the term
``joint resolution'' means only a joint resolution introduced
in the period beginning on the date on which a request under
subsection (e) is received by Congress and ending 60 days
thereafter (excluding days either House of Congress is
adjourned for more than 3 days during a session of Congress),
the matter after the resolving clause of which is as follows:
``That Congress approves the request submitted by the President
to suspend the prohibition on foreign assistance to the
Government of __ in effect since __, and such prohibition shall
have no force or effect.'' (The blank spaces being
appropriately filled in).
(2) Referral.--A joint resolution described in paragraph
(1) shall be referred to the committees in each House of
Congress with jurisdiction.
(3) Submission date defined.--For purposes of this section,
the term ``submission date'' means the date on which a House of
Congress receives the request submitted under subsection (e).
(4) Discharge of senate committee.--In the Senate, if the
committee to which is referred a joint resolution described in
paragraph (1) has not reported such joint resolution (or an
identical joint resolution) at the end of 20 calendar days
after the submission date, such committee may be discharged
from further consideration of such joint resolution upon a
petition supported in writing by 30 Senators, and such joint
resolution shall be placed on the calendar.
(5) Senate consideration of resolution.--
(A) Motions.--In the Senate, when the committee to
which a joint resolution is referred has reported, or
when a committee is discharged (under paragraph (4))
from further consideration of a joint resolution
described in paragraph (1), it is at any time
thereafter in order (even though a previous motion to
the same effect has been disagreed to) for a motion to
proceed to the consideration of the joint resolution,
and all points of order against the joint resolution
(and against consideration of the joint resolution) are
waived. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of the joint resolution is agreed to, the
joint resolution shall remain the unfinished business
of the Senate until disposed of.
(B) Debate.--In the Senate, debate on the joint
resolution, and on all debatable motions and appeals in
connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A
motion further to limit debate is in order and not
debatable. An amendment to, or a motion to postpone, or
a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution
is not in order.
(C) Vote on final passage.--In the Senate,
immediately following the conclusion of the debate on a
joint resolution described in paragraph (1), and a
single quorum call at the conclusion of the debate if
requested in accordance with the rules of the Senate,
the vote on final passage of the joint resolution shall
occur.
(D) Appeals of decisions of the chair.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure
relating to a joint resolution described in paragraph
(1) shall be decided without debate.
(6) Inapplicability of certain provisions.--In the Senate,
the procedures specified in paragraph (4) or (5) shall not
apply to the consideration of a joint resolution respecting a
request--
(A) after the expiration of the 60 session days
beginning with the applicable submission date; or
(B) if the request submitted under subsection (e)
was submitted during the period beginning on the date
occurring--
(i) in the case of the Senate, 60 session
days, or
(ii) in the case of the House of
Representatives, 60 legislative days,
before the date the Congress adjourns a session of
Congress through the date on which the same or
succeeding Congress first convenes its next session,
after the expiration of the 60 session days beginning
on the 15th session day after the succeeding session of
Congress first convenes.
(7) Receipt of joint resolution from other house.--If,
before the passage by one House of a joint resolution of that
House described in paragraph (1), that House receives from the
other House a joint resolution described in paragraph (1), then
the following procedures shall apply:
(A) The joint resolution of the other House shall
not be referred to a committee.
(B) With respect to a joint resolution described in
paragraph (1) of the House receiving the joint
resolution--
(i) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; but
(ii) the vote on final passage shall be on
the joint resolution of the other House.
(g) Report on Unsecured Weapons in Libya.--Not later than 90 days
after the date of the enactment of this Act, the President shall submit
a report to Congress examining the extent to which advanced weaponry
remaining unsecured after the fall of Moammar Qaddafi was used by the
individuals responsible for the September 11, 2012, attack on the
United States consulate in Benghazi, Libya.
(h) Rule of Construction.--Nothing in this section may be construed
as an authorization for the use of military force. | Prohibits amounts from being obligated or expended for any direct U.S. assistance, loan guarantee, or debt relief to Libya, Egypt, Pakistan, or a host country of a U.S. diplomatic facility that was attacked, trespassed upon, breached, or attempted to be attacked, trespassed upon, or breached, on or after September 1, 2012. Authorizes the President to request that the prohibition be suspended with respect to a country if the President certifies to Congress that: (1) such country is cooperating with investigations into an attack, has arrested or extradited persons associated with the attack, and is improving local security; and (2) all persons associated with the attack have been identified by U.S. law enforcement and are in U.S. custody.
Prohibits any request with respect to Pakistan until: (1) Dr. Shakil Afridi has been released alive from prison; (2) all charges brought against Dr. Afridi have been dropped; and (3) if necessary to ensure his freedom, Dr. Afridi has been allowed to leave Pakistan alive.
Requires the President to report to Congress regarding the extent to which advanced weaponry remaining unsecured after the fall of Moammar Qaddafi was used by the individuals responsible for the September 11, 2012, attack on the U.S. consulate in Benghazi, Libya.
Prohibits anything in this Act from being construed as an authorization for the use of military force. | {"src": "billsum_train", "title": "To provide limitations on United States assistance, and for other purposes."} | 1,927 | 330 | 0.609387 | 2.039436 | 0.79624 | 5.02682 | 6.900383 | 0.927203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Menopause Outreach, Research, and
Education Act of 1995''.
SEC. 2. PROGRAM REGARDING WOMEN'S MIDLIFE HEALTH CARE.
Section 445H of the Public Health Service Act (42 U.S.C. 285e-10),
as added by section 8902 of Public Law 103-43 (107 Stat. 163), is
amended to read as follows:
menopause and other aging processes regarding women; research centers
``Sec. 4455H. (a) The Director of the Institute, in addition to
other special functions specified in section 444 and in cooperation
with the Directors of the other national research institutes and
agencies of the National Institutes of Health, shall conduct and
support research into--
``(1) the aging processes of women, with particular
emphasis given to the effects of menopause and the
physiological and behavioral changes occurring during the
transition from premenopause to postmenopause; and
``(2) the diagnosis, disorders, and complications related
to aging and loss of ovarian hormones in women.
``(b)(1) The Director of the Institute, after consultation with the
industry with the advisory council for the Institute, shall provide for
the development of expansion of not less than 5 centers for--
``(A) research on menopause; and
``(B) research on conditions arising from the diminished or
complete cessation of the functioning of the ovaries, whether
occurring naturally or otherwise (which conditions are in this
subsection referred to as `menopausal health conditions').
``(2) Each center assisted under this subsection shall--
``(A) use the facilities of a single institution or a
consortium of cooperating institutions, and meet such
qualifications as may be prescribed by the Director of the
Institute;
``(B) conduct basic and clinical research into the natural
history of menopause in order to improve the state of medical
knowledge or methods regarding the cause, diagnosis, early
detection, prevention, control, and treatment of menopausal
health conditions;
``(C) develop multidisciplinary models of health care
regarding menopause and menopausal health conditions;
``(D) conduct educational and training programs on
menopause and menopausal health conditions for physicians,
scientists, and other health and allied health professionals;
``(E) conduct information and continuing education programs
for physicians and other health and allied health professionals
who provide care for patients with such conditions; and
``(F) conduct programs for the dissemination to the general
public of information on menopause and menopausal health
conditions.
``(3) In carrying out paragraph (2)(B), the Director of the
Institute shall ensure that centers assisted under this subsection--
``(A) conduct research on hormonal treatments for
menopausal health conditions, research on nonhormonal
treatments of symptoms arising from such conditions, and
research on the relationship between such conditions and
cardiovascular disease, osteoporosis, bone fractures, bladder
conditions, breast and uterine cancers, and other conditions
that research indicates may be relevant; and
``(B) conduct research to determine whether and to what
extent differences may exist, with respect to menopause and
menopausal health conditions, among various socioeconomic
groups, ethnic groups, and racial groups.
``(4) In carrying out paragraph (1), the Director of the Institute,
in consultation with the Director of NIH and the Administrator for
Health Care Policy and Research, shall establish a program to develop
protocols for the prevention and treatment of menopausal health
conditions and other conditions regarding women's midlife health.
``(5) A center may use funds provided under paragraph (1) to
provide stipends for health professionals enrolled in educational or
training programs described in paragraph (2)(D).
``(6) The Director shall ensure that the activities of centers
assisted under this subsection are coordinated among the centers.
``(7) The Director of the Institute shall, to the extent
practicable, provide for an equitable geographical distribution of
centers assisted under this subsection.
``(8) Support of a center under this subsection may be for a period
of not to exceed five years. Such period may be extended by the
Director of the Institute for one or more additional periods of not
more than five years if the operations of such center have been
reviewed by an appropriate technical and scientific peer review group
established by the Director and if such group has recommended to the
Director that such period should be extended.''. | Menopause Outreach, Research, and Education Act of 1995 - Amends the Public Health Service Act to require the Director of the National Institute on Aging to provide for the expansion of at least five centers for research on: (1) menopause; and (2) conditions arising from the diminishing or cessation of the functioning of the ovaries, whether occurring naturally or otherwise. Outlines research activities to be performed at each center. Requires the Director to establish a program to develop protocols for the prevention and treatment of menopausal health conditions and other conditions regarding women's midlife health. Requires the Director to provide for an equitable geographical distribution of such centers. Requires each center to be supported for at least five years, with possible renewal after review and recommendation by an appropriate technical and scientific peer review group established by the Director. | {"src": "billsum_train", "title": "Menopause Outreach, Research, and Education Act of 1995"} | 983 | 183 | 0.62878 | 1.844299 | 0.89216 | 4.0875 | 5.7875 | 0.8625 |
SECTION 1. PERMANENT INCREASE IN DEPOSIT INSURANCE.
(a) Amendments to Federal Deposit Insurance Act.--Section 11(a)(1)
of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) is amended--
(1) in paragraph (1)(E), by striking ``$100,000'' and
inserting ``$250,000'';
(2) in paragraph (1)(F)(i), by striking ``2010'' and
inserting ``2015'';
(3) in subclause (I) of paragraph (1)(F)(i), by striking
``$100,000'' and inserting ``$250,000'';
(4) in subclause (II) of paragraph (1)(F)(i), by striking
``the calendar year preceding the date this subparagraph takes
effect under the Federal Deposit Insurance Reform Act of 2005''
and inserting ``calendar year 2008''; and
(5) in paragraph (3)(A)(iii), by striking ``, except that
$250,000 shall be substituted for $100,000 wherever such term
appears in such paragraph''.
(b) Repeal of EESA Provision.--Section 136 of the Emergency
Economic Stabilization Act (Public Law 110-343; 122 Stat. 3765) is
hereby repealed.
(c) Amendment to Federal Credit Union Act.--Section 207(k) of the
Federal Credit Union Act (12 U.S.C. 1787(k)) is amended--
(1) in paragraph (3)--
(A) by striking the opening quotation mark before
``$250,000'';
(B) by striking ``, except that $250,000 shall be
substituted for $100,000 wherever such term appears in
such section''; and
(C) by striking the closing quotation mark after
the closing parenthesis; and
(2) in paragraph (5), by striking ``$100,000'' and
inserting ``$250,000''.
SEC. 2. EXTENSION OF RESTORATION PLAN PERIOD.
Section 7(b)(3)(E)(ii) of the Federal Deposit Insurance Act (12
U.S.C. 1817(b)(3)(E)(ii)) is amended by striking ``5-year period'' and
inserting ``8-year period''.
SEC. 3. FDIC BORROWING AUTHORITY.
Section 14(a) of the Federal Deposit Insurance Act (12 U.S.C.
1824(a)) is amended--
(1) by striking ``$30,000,000,000'' and inserting
``$100,000,000,000''; and
(2) by inserting prior to the last sentence, the following
new sentence: ``The Corporation may request in writing to
borrow, and the Secretary may authorize and approve the
borrowing of, additional amounts above $100,000,000,000 to the
extent that the Board of Directors and the Secretary determine
such borrowing to be necessary.''.
SEC. 4. FDIC SYSTEMIC RISK SPECIAL ASSESSMENTS.
Section 13(c)(4)(G)(ii) of the Federal Deposit Insurance Act (12
U.S.C. 1823(c)(4)(G)(ii)) is amended to read as follows:
``(ii) Repayment of loss.--
``(I) In general.--The Corporation
shall recover the loss to the Deposit
Insurance Fund arising from any action
taken or assistance provided with
respect to an insured depository
institution under clause (i) from 1 or
more special assessments on insured
depository institutions, depository
institution holding companies (with the
concurrence of the Secretary of the
Treasury with respect to holding
companies), or both, as the Corporation
determines to be appropriate.
``(II) Treatment of depository
institution holding companies.--For
purposes of this clause, sections
7(c)(2) and 18(h) shall apply to
depository institution holding
companies as if they were insured
depository institutions.
``(III) Regulations.--The
Corporation shall prescribe such
regulations as it deems necessary to
implement this clause. In prescribing
such regulations, defining terms, and
setting the appropriate assessment rate
or rates, the Corporation shall
consider: the types of entities that
benefit from any action taken or
assistance provided under this
subparagraph; economic conditions; the
effects on the industry; and such other
factors as the Corporation deems
appropriate.''.
SEC. 5. CHANGES TO HOPE FOR HOMEOWNERS PROGRAM.
Section 257 of the National Housing Act (12 U.S.C. 1715z-23) is
amended--
(1) in subsection (e)--
(A) in paragraph (1), by striking subparagraph (B);
(B) in paragraph (2)(B), by striking ``90 percent''
and inserting ``93 percent'';
(C) by striking paragraph (7); and
(D) by redesignating paragraphs (8), (9), (10), and
(11) as paragraphs (7), (8), (9), and (10),
respectively;
(2) in subsection (h)(2), by striking ``, or in any case in
which a mortgagor fails to make the first payment on a
refinanced eligible mortgage'';
(3) by striking subsection (i) and inserting the following
new subsection:
``(i) Annual Premiums.--
``(1) In general.--For each refinanced eligible mortgage
insured under this section, the Secretary shall establish and
collect an annual premium in an amount equal to not less than
0.55 percent of the amount of the remaining insured principal
balance of the mortgage and not more than 0.75 percent of such
remaining insured principal balance, as determined according to
a schedule established by the Board that assigns such annual
premiums based upon the credit risk of the mortgage.
``(2) Reduction or termination during mortgage term.--
Notwithstanding paragraph (1), the Secretary may provide that
the annual premiums charged for refinanced eligible mortgages
insured under this section are reduced over the term of the
mortgage or that the collection of such premiums is
discontinued at some time during the term of the mortgage, in a
manner that is consistent with policies for such reduction or
discontinuation of annual premiums charged for mortgages in
accordance with section 203(c).'';
(4) in subsection (k)--
(A) by striking the subsection heading and
inserting ``Exit Fee'';
(B) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``such sale or
refinancing'' and inserting ``the mortgage being
insured under this section''; and
(C) by striking paragraph (2);
(5) in subsection (s)(3)(A)(ii), by striking ``subsection
(e)(1)(B) and such other'' and inserting ``such'';
(6) in subsection (v), by inserting after the period at the
end the following: ``The Board shall conform documents, forms,
and procedures for mortgages insured under this section to
those in place for mortgages insured under section 203(b) to
the maximum extent possible consistent with the requirements of
this section.'';
(7) in subsection (w)(1)(C), by striking ``(e)(4)(A)'' and
inserting ``(e)(3)(A)''; and
(8) by adding at the end the following new subsection:
``(x) Payment to Existing Loan Servicer.--The Board may establish a
payment to the servicer of the existing senior mortgage for every loan
insured under the HOPE for Homeowners Program.''.
SEC. 6. SERVICER SAFE HARBOR.
(a) Safe Harbor.--
(1) Loan modifications and workout plans.--Notwithstanding
any other provision of law, and notwithstanding any investment
contract between a servicer and a securitization vehicle or
investor, a servicer that acts consistent with the duty set
forth in section 129A(a) of Truth in Lending Act (15 U.S.C.
1639a) shall not be liable for entering into a loan
modification or workout plan with respect to any such mortgage
that meets all of the criteria set forth in paragraph (2)(B)
to--
(A) any person, based on that person's ownership of
a residential mortgage loan or any interest in a pool
of residential mortgage loans or in securities that
distribute payments out of the principal, interest and
other payments in loans on the pool;
(B) any person who is obligated to make payments
determined in reference to any loan or any interest
referred to in subparagraph (A); or
(C) any person that insures any loan or any
interest referred to in subparagraph (A) under any law
or regulation of the United States or any law or
regulation of any State or political subdivision of any
State.
(2) Ability to modify mortgages.--
(A) Ability.--Notwithstanding any other provision
of law, and notwithstanding any investment contract
between a servicer and a securitization vehicle or
investor, a servicer--
(i) shall not be limited in the ability to
modify mortgages, the number of mortgages that
can be modified, the frequency of loan
modifications, or the range of permissible
modifications; and
(ii) shall not be obligated to repurchase
loans from or otherwise make payments to the
securitization vehicle on account of a
modification, workout, or other loss mitigation
plan for a residential mortgage or a class of
residential mortgages that constitute a part or
all of the mortgages in the securitization
vehicle,
if any mortgage so modified meets all of the criteria
set forth in subparagraph (B).
(B) Criteria.--The criteria under this subparagraph
with respect to a mortgage are as follows:
(i) Default on the payment of such mortgage
has occurred or is reasonably foreseeable.
(ii) The property securing such mortgage is
occupied by the mortgagor of such mortgage.
(iii) The servicer reasonably and in good
faith believes that the anticipated recovery on
the principal outstanding obligation of the
mortgage under the particular modification or
workout plan or other loss mitigation action
will exceed, on a net present value basis, the
anticipated recovery on the principal
outstanding obligation of the mortgage to be
realized through foreclosure.
(3) Applicability.--This subsection shall apply only with
respect to modifications, workouts, and other loss mitigation
plans initiated before January 1, 2012.
(b) Reporting.--Each servicer that engages in loan modifications or
workout plans subject to the safe harbor in subsection (a) shall report
to the Secretary on a regular basis regarding the extent, scope and
results of the servicer's modification activities. The Secretary shall
prescribe regulations specifying the form, content, and timing of such
reports.
(c) Definition of Securitization Vehicles.--For purposes of this
section, the term ``securitization vehicle'' means a trust,
corporation, partnership, limited liability entity, special purpose
entity, or other structure that--
(1) is the issuer, or is created by the issuer, of mortgage
pass-through certificates, participation certificates,
mortgage-backed securities, or other similar securities backed
by a pool of assets that includes residential mortgage loans;
and
(2) holds such mortgages.
SEC. 7. AVAILABILITY OF TARP FUNDS TO SMALLER COMMUNITY INSTITUTIONS.
(a) Prompt Action.--The Secretary shall promptly take all necessary
actions to provide assistance under title I of the Emergency Economic
Stabilization Act of 2008 to smaller community financial institutions,
including such institutions that are privately held.
(b) Comparable Terms.--An institution that receives assistance
after the date of the enactment of the this Act, shall do so on terms
comparable to the terms applicable to institutions that received
assistance prior to the date of the enactment of this Act if the
institution--
(1) has submitted an application on which no action has
been taken, such as institutions that are C corporations
(including privately held institutions) and community
development financial institutions; or
(2) is of a type for which the Secretary has not yet
established an application deadline or for which any such
deadline has not yet occurred as of the date of the enactment
of this Act, such as institutions that are non-stock
corporations, S-corporations, mutually owned insured depository
institutions (as defined in section 3 of the Federal Deposit
Insurance Act).
(c) Definitions.--For purposes of this section, the terms ``S
Corporation'' and ``C Corporation'' shall have the same meaning given
to those terms in section 1361(a) of the Internal Revenue Code of 1986. | Amends the Federal Deposit Insurance Act and the Emergency Economic Stabilization Act of 2008 (EESA) to make permanent the increase in the standard maximum deposit insurance amount from $100,000 to $250,000.
Extends from five years to eight years after implementation of a Deposit Insurance Fund (DIF) restoration plan the deadline by which the DIF reserve ratio must meet or exceed the required minimum of 1.15% of estimated insured deposits.
Increases the borrowing authority of the Federal Deposit Insurance Corporation (FDIC) from a maximum $30 billion to $100 billion.
Extends to depository institution holding companies liability for special assessments to recover loss to the DIF arising from certain actions taken or assistance provided to avoid serious adverse effects on economic conditions or financial stability.
Amends the National Housing Act to revise certain requirements for the HOPE for Homeowners Program.
Repeals the requirement that the current borrower have, or is likely to have, a mortgage debt-to-income ratio greater than 31% (or any higher amount the Federal Home Loan Bank Board determines appropriate).
Increases from 90% to 93% of a property's appraised value the cap on the principal obligation amount of a refinanced eligible insured mortgage.
Repeals the prohibitions on: (1) second liens; and (2) payment of insurance benefits to a mortgagee in any case in which a mortgagor fails to make the first payment on a refinanced eligible mortgage.
Reduces the annual premium for a refinanced eligible insured mortgage, and allows its further reduction or termination during the mortgage term.
Repeals the entitlement of the Secretary of Housing and Urban Development and the mortgagor of an eligible insured mortgage, upon any sale or disposition of the subject property, to 50% of any appreciation in the property's appraised value since the date that the mortgage was insured.
Authorizes the Federal Home Loan Bank Board to establish a payment to the servicer of the existing senior mortgage for every loan insured under the HOPE for Homeowners Program.
Prescribes requirements (safe harbor) that will render a mortgage servicer not liable for entering into a loan modification or workout plan with respect to any mortgage on which: (1) default has occurred or is reasonably foreseeable; (2) the property securing it is occupied by the mortgagor; and (3) the servicer reasonably and in good faith believes that the anticipated recovery on the mortgage's principal outstanding obligation under a particular mortgage modification, workout plan, or other loss mitigation action will exceed, on a net present value basis, the anticipated recovery on the principal outstanding obligation to be realized through foreclosure.
Requires the Secretary of the Treasury to take prompt action to provide EESA Troubled Asset Relief Program (TARP) assistance to smaller community financial institutions, including privately held institutions. | {"src": "billsum_train", "title": "To promote bank liquidity and lending through deposit insurance, the HOPE for Homeowners Program, and other enhancements."} | 2,784 | 600 | 0.444949 | 1.447097 | 0.682442 | 2.839015 | 4.681818 | 0.842803 |
SECTION 1. DEFINITIONS.
As used in this Act:
(1) Historic site.--The term ``historic site'' means the
Tuskegee Airmen National Historic Site as established by
section 3.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tuskegee airmen.--The term ``Tuskegee Airmen'' means
the thousands of men and women who served in America's African-
American Air Force units of World War II and shared in the
Tuskegee Experience.
(4) Tuskegee university.--The term ``Tuskegee University''
means the institution of higher education by that name located
in the State of Alabama and founded by Booker T. Washington in
1881, formerly named Tuskegee Institute.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The struggle of African-Americans for greater roles in
North American military conflicts spans the 17th, 18th, 19th,
and 20th centuries. Opportunities for African-American
participation in the United States military were always very
limited and controversial. Quotas, exclusion, and racial
discrimination were based on the prevailing attitude in the
United States, particularly on the part of the United States
military, that African-Americans did not possess the
intellectual capacity, aptitude, and skills to be successful
fighters.
(2) By the early 1940's these perceptions continued within
the United States military. Key leaders within the United
States Army Air Corps did not believe that African-Americans
possessed the capacity to become successful military pilots.
After succumbing to pressure exerted by civil rights groups and
the black press, the Army decided to train a small number of
African-American pilot cadets under special conditions.
Although prejudice and discrimination against African-Americans
was a national phenomenon, not just a southern trait, it was
more intense in the South where it had hardened into rigidly
enforced patterns of segregation. Such was the environment
where the military chose to locate the training of the Tuskegee
Airmen.
(3) The military selected Tuskegee Institute (now known as
Tuskegee University) as a civilian contractor for a variety of
reasons. These included the school's existing facilities,
engineering and technical instructors, and a climate with ideal
flying conditions year round. Tuskegee Institute's strong
interest in providing aeronautical training for African-
American youths was also an important factor. Students from the
school's civilian pilot training program had some of the best
test scores when compared to other students from programs
across the Southeast.
(4) In 1941 the United States Army Air Corps awarded a
contract to Tuskegee Institute to operate a primary flight
school at Moton Field. Tuskegee Institute (now known as
Tuskegee University) chose an African-American contractor who
designed and constructed Moton Field, with the assistance of
its faculty and students, as the site for its military pilot
training program. The field was named for the school's second
president, Robert Russa Moton. Consequently, Tuskegee Institute
was one of a very few American institutions (and the only
African-American institution) to own, develop, and control
facilities for military flight instruction.
(5) Moton Field, also known as the Primary Flying Field or
Airport Number 2, was the only primary flight training facility
for African-American pilot candidates in the United States Army
Air Corps during World War II. The facility symbolizes the
entrance of African-American pilots into the United States Army
Air Corps, although on the basis of a policy of segregation
that was mandated by the military and institutionalized in the
South. The facility also symbolizes the singular role of
Tuskegee Institute (Tuskegee University) in providing
leadership as well as economic and educational resources to
make that entry possible.
(6) The Tuskegee Airmen were the first African-American
soldiers to complete their training successfully and to enter
the United States Army Air Corps. Almost 1,000 aviators were
trained as America's first African-American military pilots. In
addition, more than 10,000 military and civilian African-
American men and women served as flight instructors, officers,
bombardiers, navigators, radio technicians, mechanics, air
traffic controllers, parachute riggers, electrical and
communications specialists, medical professionals, laboratory
assistants, cooks, musicians, supply, firefighting, and
transportation personnel.
(7) Although military leaders were hesitant to use the
Tuskegee Airmen in combat, the Airmen eventually saw
considerable action in North Africa and Europe. Acceptance from
United States Army Air Corps units came slowly, but their
courageous and, in many cases, heroic performance earned them
increased combat opportunities and respect.
(8) The successes of the Tuskegee Airmen proved to the
American public that African-Americans, when given the
opportunity, could become effective military leaders and
pilots. This helped pave the way for desegregation of the
military, beginning with President Harry S Truman's Executive
Order 9981 in 1948. The Tuskegee Airmen's success also helped
set the stage for civil rights advocates to continue the
struggle to end racial discrimination during the civil rights
movement of the 1950's and 1960's.
(9) The story of the Tuskegee Airmen also reflects the
struggle of African-Americans to achieve equal rights, not only
through legal attacks on the system of segregation, but also
through the techniques of nonviolent direct action. The members
of the 477th Bombardment Group, who staged a nonviolent
demonstration to desegregate the officer's club at Freeman
Field, Indiana, helped set the pattern for direct action
protests popularized by civil rights activists in later
decades.
(b) Purposes.--The purposes of this Act are the following:
(1) To benefit and inspire present and future generations
to understand and appreciate the heroic legacy of the Tuskegee
Airmen, through interpretation and education, and the
preservation of cultural resources at Moton Field, which was
the site of primary flight training.
(2) To commemorate and interpret the impact of the Tuskegee
Airmen during World War II; the training process for the
Tuskegee Airmen including the roles played by Moton Field,
other training facilities, and related sites; the strategic
role of Tuskegee Institute (Tuskegee University) in the
training; the African-American struggle for greater
participation in the United States military and more
significant roles in defending their country; the significance
of successes of the Tuskegee Airmen in leading to desegregation
of the United States military shortly after World War II; and
the impacts of Tuskegee Airmen accomplishments on subsequent
civil rights advances of the 1950's and 1960's.
SEC. 3. ESTABLISHMENT OF THE TUSKEGEE AIRMEN NATIONAL HISTORIC SITE.
(a) In General.--There is hereby established as a unit of the
National Park System the Tuskegee Airmen National Historic Site, in
association with Tuskegee University, in the State of Alabama.
(b) Description.--The total historic site, after the conditions are
met for its full development and management, and subsequent to
agreements to donate land by Tuskegee University and the city of
Tuskegee, shall consist of approximately 90 acres, known as Moton
Field, in Macon County, Alabama, as generally depicted on a map
entitled ``Alternative C, Living History: Tuskegee Airmen Experience'',
dated June 1998. Such map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
SEC. 4. PROPERTY ACQUISITION.
The Secretary may acquire by donation, exchange, or purchase with
donated or appropriated funds the real property described in section
3(b), except that any property owned by the State of Alabama or any
political subdivision thereof or Tuskegee University may be acquired
only by donation. It is understood that property donated by Tuskegee
University shall be used only for purposes consistent with this Act in
commemorating the Tuskegee Airmen. The initial donation of land by
Tuskegee University shall consist of approximately 35 acres with the
remainder of the acreage to be donated by Tuskegee University after
agreement is reached regarding the development and management of the
Tuskegee Airmen National Center. The Secretary may also acquire by the
same methods personal property associated with, and appropriate for,
the interpretation of the historic site.
SEC. 5. ADMINISTRATION OF HISTORIC SITE.
(a) In General.--The Secretary shall administer the historic site
in accordance with this Act and the laws generally applicable to units
of the National Park System, including the Act of August 25, 1916 (39
Stat. 535), and the Act of August 21, 1935 (49 Stat. 666).
(b) Role of Tuskegee Institute National Historic Site.--Tuskegee
Institute National Historic Site shall serve as the principal
administrative facility for the historic site.
(c) Role of Tuskegee University.--Tuskegee University shall serve
as the principal partner with the National Park Service, and other
Federal agencies mutually agreed upon, for the leadership,
organization, development, and management of the historic site.
(d) Role of Tuskegee Airmen.--The Tuskegee Airmen shall assist the
principal partners for the historic site in fundraising for the
development of visitor facilities and programs, and provide artifacts,
memorabilia, and historical research for interpretive exhibits.
(e) Development.--The general management plan for the operation and
development of the historic site shall reflect Alternative C, Living
History: The Tuskegee Airmen Experience, as expressed in the draft
special resource study entitled ``Moton Field/Tuskegee Airmen Special
Resource Study'', dated June 1998. Subsequent development of the
historic site, with the approval of Tuskegee University, shall reflect
Alternative D.
(f) Cooperative Agreements.--
(1) In general.--The Secretary may enter into cooperative
agreements with Tuskegee University, other nonhigher
educational institutions, the Tuskegee Airmen, individuals,
private and public organizations, and other Federal agencies in
furtherance of the purposes of this Act. The Secretary shall
recognize the concern of Tuskegee University for the wise
management, use, and development of the historic site, and
shall consult with Tuskegee University in the formulation of
any cooperative agreement that may affect the historic site.
(2) Tuskegee airmen national center.--The Secretary may
enter into a cooperative agreement with Tuskegee University to
define and implement the public/private partnership needed to
develop the historic site, including the Tuskegee Airmen
National Center on the grounds of the historic site. The
purpose of the center shall be to extend the ability to relate
more fully the story of the Tuskegee Airmen at Moton Field. The
center shall house a Tuskegee Airmen Memorial and provide large
exhibit space for the display of period aircraft and equipment
used by the Tuskegee Airmen and a Tuskegee University
Department of Aviation Science. It is the intent of the
Congress that interpretive programs for visitors benefit from
the school's active pilot training instruction program, and
that the training program will provide a historical continuum
of flight training in the tradition of the Tuskegee Airmen. The
Tuskegee University Department of Aviation Science may be
located in historic buildings within the Moton Field complex
until the Tuskegee Airmen National Center has been completed.
(3) Report.--Within one year after the date of the
enactment of this Act, the Secretary and Tuskegee University,
in consultation with the Tuskegee Airmen, shall prepare a
report on the partnership needed to develop and operate the
Tuskegee Airmen National Center, and submit the report to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
Subject to the approval of the Congress, the Secretary and
Tuskegee University may enter into a cooperative agreement to
permit the development of the Center. Before the balance of the
land is donated and before the development of the Tuskegee
Airmen National Center can proceed, a cooperative agreement
acceptable to the Secretary and Tuskegee University must be
executed.
(g) General Management Plan.--Within 2 complete fiscal years after
funds are first made available to carry out this Act, the Secretary
shall prepare, with the full participation of Tuskegee University, a
general management plan for the historic site and submit the plan to
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Establishes the Tuskegee Airmen National Historic Site in Alabama as a unit of the National Park System.
Requires the Secretary of the Interior, with the full participation of Tuskegee University, to develop and submit to specified congressional committees a general management plan for the Site.
Authorizes appropriations. | {"src": "billsum_train", "title": "To establish the Tuskegee Airmen National Historic Site, in association with the Tuskegee University, in the State of Alabama, and for other purposes."} | 2,819 | 72 | 0.450194 | 1.2033 | 0.397354 | 3.962963 | 45.925926 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair, Accurate, Secure, and Timely
Redress Act of 2008'' or the ``FAST Redress Act of 2008''.
SEC. 2. ESTABLISHMENT OF APPEAL AND REDRESS PROCESS FOR PASSENGERS
WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT, OR
DENIED A RIGHT, BENEFIT, OR PRIVILEGE.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following:
``SEC. 890. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED
OR PROHIBITED FROM BOARDING A FLIGHT, OR DENIED A RIGHT,
BENEFIT, OR PRIVILEGE.
``(a) Establishment.--Not later than 30 days after the date of the
enactment of this section, the Secretary shall establish a fair and
timely process for individuals who believe they were delayed or
prohibited from boarding a commercial aircraft or denied a right,
benefit, or privilege because they were wrongly identified as a threat
when screened against any terrorist watchlist or database used by the
Transportation Security Administration or any office or component of
the Department.
``(b) Office of Appeals and Redress.--
``(1) Establishment.--
``(A) In general.--The Secretary shall establish in
the Department an Office of Appeals and Redress
(referred to in this section as the `Office') to
implement, coordinate, and execute the process
established by the Secretary pursuant to subsection
(a).
``(B) Representation.--The Office shall include
representatives from the Transportation Security
Administration and such other offices and components of
the Department as the Secretary determines appropriate.
``(2) Comprehensive cleared list.--The process established
by the Secretary pursuant to subsection (a) shall include the
establishment of a method by which the Office, under the
direction of the Secretary, shall maintain and appropriately
disseminate a comprehensive list, to be known as the
`Comprehensive Cleared List', of individuals who--
``(A) were misidentified as an individual on any
terrorist watchlist or database;
``(B) completed an appeal and redress request
approved by the Department and provided such additional
information as required by the Department to verify the
individuals' identities; and
``(C) permit the use of their personally
identifiable information to be shared between multiple
components of the Department for purposes of this
section.
``(3) Use of comprehensive cleared list.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall--
``(i) transmit the Comprehensive Cleared
List and any other information the Secretary
determines necessary to resolve
misidentifications and improve the
administration of the advanced passenger
prescreening system and reduce the number of
false positives--
``(I) to the Transportation
Security Administration or any other
appropriate office or component of the
Department;
``(II) other Federal, State, local,
and tribal entities; and
``(III) domestic air carriers and
foreign air carriers that use any
terrorist watchlist or database; and
``(ii) ensure that the Comprehensive
Cleared List is taken into account by all
appropriate offices or components of the
Department when assessing the security risk of
an individual.
``(B) Termination.--
``(i) In general.--The transmission of the
Comprehensive Cleared List to domestic air
carriers and foreign air carriers under
subparagraph (A)(i)(III) shall terminate on the
date on which the Federal Government assumes
terrorist watchlist or database screening
functions.
``(ii) Written notification to congress.--
Not later than 15 days after the date described
in clause (i), the Secretary shall submit
written notification of such termination to--
``(I) the Committee on Commerce,
Science, and Transportation of the
Senate;
``(II) the Committee on Homeland
Security and Governmental Affairs of
the Senate; and
``(III) the Committee on Homeland
Security of the House of
Representatives.
``(4) Intergovernmental efforts.--The Secretary may--
``(A) enter into memoranda of understanding with
other Federal, State, local, and tribal agencies or
entities, as necessary, to improve the appeal and
redress process, to verify an individual's identity and
personally identifiable information, and for other
purposes; and
``(B) work with other Federal, State, local, and
tribal agencies or entities that use any terrorist
watchlist or database to ensure, to the greatest extent
practicable, that the Comprehensive Cleared List is
considered when assessing the security risk of an
individual.
``(5) Handling of personally identifiable information.--The
Secretary, in conjunction with the Chief Privacy Officer of the
Department, shall--
``(A) require that employees of the Department
handling personally identifiable information of
individuals complete mandatory privacy and security
training before being authorized to handle personally
identifiable information of individuals;
``(B) ensure that the information maintained under
this subsection is secured by encryption, including
one-way hashing, data anonymization techniques, or such
other equivalent technical security protections to the
extent the Secretary determines necessary;
``(C) limit the information collected from
misidentified passengers or other individuals to the
minimum amount necessary to resolve an appeal and
redress request;
``(D) ensure that the information maintained under
this subsection is shared or transferred via an
encrypted data network that has been audited to ensure
that the anti-hacking and other security related
software functions perform properly and are updated as
necessary;
``(E) ensure that any employee of the Department
receiving the information maintained under this
subsection handles such information in accordance with
section 552a of title 5, United States Code, subchapter
II of chapter 35 of title 44, United States Code,
section 11331 of title 40, United States Code, and
other applicable laws;
``(F) only retain the information maintained under
this subsection for as long as needed to assist the
individual traveler in the appeal and redress process;
``(G) engage in cooperative agreements with
appropriate Federal agencies and entities, on a
reimbursable basis, to ensure that legal name changes
are properly reflected in any terrorist watchlist or
database and the Comprehensive Cleared List to improve
the appeal and redress process and to ensure the most
accurate lists of identifications possible (except that
section 552a of title 5, United States Code, shall not
prohibit the sharing of legal name changes among
Federal agencies and entities for the purposes of this
section); and
``(H) conduct and publish a privacy impact
assessment of the appeal and redress process
established under this section and submit the
assessment to--
``(i) the Committee on Commerce, Science,
and Transportation of the Senate;
``(ii) the Committee on Homeland Security
and Governmental Affairs of the Senate; and
``(iii) the Committee on Homeland Security
of the House of Representatives.
``(6) Initiation of appeal and redress process at
airports.--
``(A) In general.--The Office shall provide written
information to air carrier passengers at each airport
at which the Department has a presence on how to begin
the appeal and redress process established pursuant to
subsection (a).
``(B) Airports with significant department
presence.--The Office shall ensure that a
Transportation Security Administration supervisor who
is trained in such appeal and redress process is
available at each airport at which the Department has a
significant presence to provide support to air carrier
passengers in need of guidance concerning such process.
``(c) Terrorist Watchlist or Database Defined.--In this section,
the term `terrorist watchlist or database' means any terrorist
watchlist or database used by the Transportation Security
Administration or any office or component of the Department or
specified in Homeland Security Presidential Directive 6, in effect as
of the date of the enactment of this section.''.
(b) Incorporation of Secure Flight.--Section 44903(j)(2) of title
49, United States Code, is amended--
(1) in subparagraph (C)(iii)--
(A) by redesignating subclauses (II) through (VII)
as subclauses (III) through (VIII), respectively; and
(B) by inserting after subclause (I) the following:
``(II) ensure, not later than 30
days after the date of the enactment of
the FAST Redress Act of 2008, that the
procedure established under subclause
(I) is incorporated into the appeals
and redress process established under
section 890 of the Homeland Security
Act of 2002;'';
(2) in subparagraph (E)(iii), by inserting ``, in
accordance with the appeals and redress process established
under section 890(a) of the Homeland Security Act of 2002''
before the period at the end; and
(3) in subparagraph (G)--
(A) in clause (i), by adding at the end the
following: ``The Assistant Secretary shall incorporate
the process established pursuant to this clause into
the appeals and redress process established under
section 890(a) of the Homeland Security Act of 2002.'';
and
(B) in clause (ii), by adding at the end the
following: ``The Assistant Secretary shall incorporate
the record established and maintained pursuant to this
clause into the Comprehensive Cleared List established
and maintained under section 890(b)(2) of the Homeland
Security Act of 2002.''.
(c) Report to Congress.--
(1) In general.--Not later than 240 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the
Committee on Homeland Security of the House of Representatives
a report on the status of information sharing among users at
the Department of Homeland Security of any terrorist watchlist
or database.
(2) Contents.--The report required by paragraph (1) shall
include the following information:
(A) A description of the processes and the status
of the implementation of section 890 of the Homeland
Security Act of 2002, as added by subsection (a), to
share the Comprehensive Cleared List required by
section 890(b)(2) of such Act with other offices and
components of the Department of Homeland Security and
other Federal, State, local, and tribal authorities
that utilize any terrorist watchlist or database.
(B) A description of the extent to which such other
offices and components of the Department of Homeland
Security are taking into account the Comprehensive
Cleared List.
(C) Data on the number of individuals who have
sought and successfully obtained redress through the
Office of Appeals and Redress established under section
890(b)(1) of the Homeland Security Act of 2002, as
added by subsection (a).
(D) Data on the number of individuals who have
sought and were denied redress through the Office of
Appeals and Redress.
(E) An assessment of what impact information
sharing of the Comprehensive Cleared List has had on
misidentifications of individuals who have successfully
obtained redress through the Office of Appeals and
Redress.
(F) An updated privacy impact assessment.
(3) Terrorist watchlist or database defined.--In this
subsection, the term ``terrorist watchlist or database'' has
the meaning given the term in section 890(c) of the Homeland
Security Act of 2002, as added by subsection (a) of this
section.
(d) Conforming Amendment.--Title 49, United States Code, is amended
by striking section 44926 (and the item relating to such section in the
analysis for chapter 449 of title 49).
(e) Clerical Amendment.--Section 1(b) of the Homeland Security Act
of 2002 (6 U.S.C. 101(b)) is amended by striking the item relating to
section 890 and inserting the following:
``Sec. 890. Appeal and redress process for passengers wrongly delayed
or prohibited from boarding a flight, or
denied a right, benefit, or privilege.''. | Fair, Accurate, Secure and Timely Redress Act of 2008 or the FAST Redress Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish: (1) a timely and fair appeal and redress process for individuals delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat when screened against any terrorist watchlist or database used by the Transportation Security Administration (TSA) or any Department of Homeland Security (DHS) component; and (2) an Office of Appeals and Redress within DHS to implement the process.
Requires the process to include the establishment of a method for maintaining and disseminating a Comprehensive Cleared List of individuals who: (1) were misidentified; (2) complete an appeal and redress request approved by DHS and provided required additional information; and (3) permit their personally identifiable information to be shared among multiple DHS components for purposes of this Act.
Directs the Secretary to: (1) transmit the List and any other information necessary to resolve misidentifications, improve administration of the advanced passenger prescreening system, and reduce false positives to TSA, other governmental and tribal entities, and air carriers that use any terrorist watchlist or database; and (2) ensure that the List is considered by all DHS components assessing an individual's security risk. Terminates transmission of the List to air carriers when the government assumes terrorist watchlist screening functions.
Directs the Secretary to require that DHS employees complete mandatory privacy and security training before being authorized to handle personally identifiable information. Requires the Office to ensure that a TSA supervisor trained in the appeal and redress process is available at each airport at which DHS has a significant presence. | {"src": "billsum_train", "title": "A bill to amend Homeland Security Act of 2002 to establish an appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight, or denied a right, benefit, or privilege, and for other purposes."} | 2,726 | 375 | 0.700748 | 2.205478 | 0.752628 | 3.373457 | 7.719136 | 0.935185 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postal Inspection Service and
Inspector General Act''.
SEC. 2. RESTRICTION ON THE USE OF PAID CONFIDENTIAL INFORMANTS BY THE
POSTAL SERVICE.
(a) Confidential Informants.--
(1) Restriction.--Section 404 of title 39, United States
Code, is amended by adding at the end the following:
``(c)(1) The Postal Service may not retain the services of a paid
confidential informant for purposes of any investigation concerning the
possible violation of any law relating to controlled substances, unless
the unlawful use of the mails is involved.
``(2) The Postal Service shall render a semiannual report to the
Congress concerning any investigation--
``(A) in which the Postal Service retains the services of a
paid confidential informant; and
``(B) which results in the arrest of 1 or more individuals
for violating any law relating to controlled substances.
``(3) For the purpose of this subsection--
``(A) the term `controlled substance' has the meaning given
such term by section 102(6) of the Controlled Drug Abuse
Prevention and Control Act of 1970; and
``(B) a confidential informant shall be considered to be
`paid' if such informant receives, or is to receive, a monetary
or nonmonetary benefit (including any forbearance from a civil
or criminal action) for the services involved.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply with respect to any investigation commencing on or
after the date of the enactment of this Act.
(b) Officers.--
(1) In general.--Section 204 of title 39, United States
Code, is amended--
(A) by amending the section heading to read as
follows:
``Sec. 204. Assistant Postmasters General; General Counsel; Judicial
Officer; Chief Postal Inspector'';
(B) in the first sentence by striking ``and a
Judicial Officer.'' and inserting ``a Judicial Officer,
and a Chief Postal Inspector.''; and
(C) in the second sentence by striking ``and the
Judicial Officer'' and inserting ``the Judicial
Officer, and the Chief Postal Inspector''.
(2) Conforming amendment.--The table of sections for
chapter 2 of title 39, United States Code, is amended by
striking the item relating to section 204 and inserting the
following:
``204. Assistant Postmasters General; General Counsel; Judicial
Officer; Chief Postal Inspector.''.
SEC. 3. INSPECTOR GENERAL OF THE UNITED STATES POSTAL SERVICE.
(a) Definitions.--Section 11 of the Inspector General Act of 1978
(5 U.S.C. App.) is amended--
(1) in paragraph (1) by inserting ``the Postmaster
General;'' after ``the Attorney General;''; and
(2) in paragraph (2) by inserting ``the United States
Postal Service,'' after ``Treasury;''.
(b) Transfer of Functions.--Section 9(a) of the Inspector General
Act of 1978, as amended by section 203(g)(3)(A) of the National and
Community Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 890),
is amended--
(1) in paragraph (1)--
(A) in subparagraph (U) by striking ``and'' after
the semicolon; and
(B) by adding at the end the following:
``(W) of the United States Postal Service, that
portion of the Postal Inspection Service that is
engaged in internal audit and program review
activities; and''; and
(2) in paragraph (2) by inserting ``(or, in the case of the
United States Postal Service, the Postmaster General, in
consultation with the Board of Governors)'' after ``head of the
establishment involved''.
(c) Special Provisions.--The Inspector General Act of 1978 is
amended--
(1) by redesignating the first section designated as
section 8G as section 8H;
(2) by redesignating the second section designated as
section 8G as section 8I; and
(3) by inserting after section 8F the following:
``special provisions concerning the united states postal service
``Sec. 8G. (a) In carrying out the duties and responsibilities
specified in this Act, the Inspector General of the United States
Postal Service shall have oversight responsibility for all activities
of the Postal Inspection Service, including any internal investigation
performed thereby. The Chief Postal Inspector shall promptly report the
significant activities being carried out by the Postal Inspection
Service to such Inspector General.
``(b) Nothing in this Act shall restrict, eliminate, or otherwise
adversely affect any of the rights, privileges, or benefits of either
employees of the United States Postal Service, or labor organizations
representing employees of the United States Postal Service, under
chapter 12 of title 39, United States Code, the National Labor
Relations Act, any handbook or manual affecting employee labor
relations with the United States Postal Service, or any collective
bargaining agreement.''.
(d) Technical and Conforming Amendments.--
(1) Relating to the inspector general act of 1978.--Section
8H of the Inspector General Act of 1978 (as so redesignated by
subsection (c)(1)) is amended--
(A) in subsection (a)(2) by striking ``Tennessee
Valley Authority,'' and all that follows through the
semicolon and inserting ``Tennessee Valley Authority,
and the United States International Trade
Commission;''; and
(B)(i) by striking subsection (f), and
redesignating subsections (g) and (h) as subsections
(f) and (g), respectively;
(ii) in paragraphs (3) and (4) of subsection (a) by
striking ``(h)(1)'' and inserting ``(g)(1)''; and
(iii) in subsection (c) by striking ``Except as
provided under subsection (f) of this section, the''
and inserting ``The''.
(2) Relating to title 39, united states code.--Section
410(b) of title 39, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph
(9); and
(B) by amending paragraph (10) to read as follows:
``(10) the Inspector General Act of 1978; and''.
(e) Effective Date; Interim Service.--
(1) Effective date.--This section and the amendments made
by this section shall take effect upon the expiration of the 3-
month period beginning on the date of the enactment of this
Act.
(2) Interim service.--The individual serving as Inspector
General of the United States Postal Service on the day before
this section takes effect may continue to serve in that
capacity until--
(A) a successor has taken office, or
(B) such individual ceases to be the Chief Postal
Inspector of the United States Postal Service.
Passed the House of Representatives June 27, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Postal Inspection Service and Inspector General Act - Prohibits the Postal Service from retaining the services of a paid confidential informant for purposes of investigations concerning the possible violation of laws relating to controlled substances unless the unlawful use of the mails is involved.
Directs the Postal Service to render a semiannual report to the Congress concerning any investigation: (1) in which the Postal Service retains the services of a paid confidential informant; and (2) which results in the arrest of one or more individuals for violating any law relating to controlled substances.
Creates a Chief Postal Inspector within the Postal Service.
Amends the Inspector General Act of 1978 to transfer internal audit and program review functions of the Postal Inspection Service to the Office of the Inspector General of the Postal Service. Confers oversight responsibility for all activities of the Postal Inspection Service on the Inspector General. Requires the Chief Postal Inspector to report significant activities being carried out by the Postal Inspection Service to the Inspector General.
Applies all provisions of the Inspector General Act of 1978 to the Postal Service. Declares that nothing in such Act shall adversely affect any of the rights, privileges, or benefits of either employees of the Postal Service or labor organizations representing such employees. | {"src": "billsum_train", "title": "Postal Inspection Service and Inspector General Act"} | 1,624 | 269 | 0.610351 | 1.729151 | 0.865088 | 4.694915 | 6.194915 | 0.923729 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Homeownership Opportunity
Act of 2011''.
SEC. 2. HOUSING EQUITY SAVINGS ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. HOUSING EQUITY SAVINGS ACCOUNTS.
``(a) Deduction Allowed.--In the case of an eligible individual,
there shall be allowed as a deduction the aggregate amount paid in cash
during the taxable year by or on behalf of such individual to a housing
equity savings account of such individual.
``(b) Limitation.--The amount allowable as a deduction under
subsection (a) for any taxable year shall not exceed the lesser of--
``(1) $10,000, or
``(2) an amount equal to the compensation (as defined in
section 219(f)(1)) includible in the individual's gross income
for such taxable year.
``(c) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any taxable year, any
individual if such individual (and if married, such individual's
spouse) had no present ownership interest in a principal residence
during the 3-year period ending at the close of the preceding taxable
year.
``(d) Housing Equity Savings Account.--For purposes of this
section, the term `housing equity savings account' means a trust
created or organized in the United States exclusively for the benefit
of an individual, but only if the written governing instrument creating
the trust meets the following requirements:
``(1) Except in the case of rollover contributions from
another housing equity savings account of such individual--
``(A) no contribution will be accepted unless it is
in cash, and
``(B) contributions will not be accepted for the
taxable year in excess of the dollar amount in effect
for the taxable year under subsection (b)(1).
``(2) The trustee is a bank (as defined in section 408(n))
or such other person who demonstrates to the satisfaction of
the Secretary that the manner in which such other person will
administer the trust will be consistent with the requirements
of this section.
``(3) No part of the trust funds will be invested in life
insurance contracts.
``(4) The interest of an individual in the balance in his
account is nonforfeitable.
``(5) The assets of the trust will not be commingled with
other property except in a common trust fund or common
investment fund.
``(e) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount distributed out of a housing equity
savings account shall be included in gross income of the
distributee for the taxable year in which the distribution is
received. Notwithstanding any other provision of this title
(including chapters 11 and 12), the basis of any person in such
an account is zero.
``(2) Exception for amounts used to purchase principal
residence and for certain payments to individual retirement
accounts.--
``(A) In general.--Paragraph (1) shall not apply to
any distribution during the taxable year which would
(but for this paragraph) be includible in gross income
for such year to the extent that the aggregate of such
distributions during the taxable year do not exceed the
aggregate qualified payments made by the account
beneficiary during such year.
``(B) Qualified payment.--For purposes of this
paragraph, the term `qualified payment' means--
``(i) any payment of qualified acquisition
costs (as defined in section 72(t)(8)(C))
incurred with respect to the principal
residence of the account beneficiary, and
``(ii) any payment to an individual
retirement account but only if--
``(I) the account beneficiary of
the housing equity savings account from
which the payment is made is also the
beneficiary of the individual
retirement account, and
``(II) the payment is a qualified
IRA payment.
Any payment described in clause (ii) shall be
treated for purposes of this title as a
rollover contribution to the individual
retirement account.
``(C) Qualified ira payment.--For purposes of
subparagraph (B), the term `qualified IRA payment'
means any payment if--
``(i) the account beneficiary--
``(I) is an eligible individual at
the time of the payment, and
``(II) attains age 55 as of the
close of the taxable year during which
the payment is made,
``(ii) the account beneficiary is--
``(I) an eligible individual at the
time of the payment, and
``(II) has been an eligible
individual throughout the 20-year
period ending on the date of the
payment, or
``(iii) the payment is made within 1 year
after the date of a payment described in
subparagraph (B)(i).
``(3) Exceptions for certain other distributions.--Rules
similar to the rules of paragraphs (3), (4), (5), and (6) of
section 408(d) shall apply for purposes of this section.
``(4) Additional tax on amounts included in gross income.--
If any distribution from a housing equity savings account is
includible in gross income of the account beneficiary, the tax
liability of such beneficiary under this chapter for the
taxable year in which the distribution is received shall be
increased by an amount equal to 20 percent of the amount of the
distribution.
``(f) Tax Treatment of Accounts.--
``(1) Exemption from tax.--A housing equity savings account
is exempt from taxation under this subtitle unless such account
has ceased to be a housing equity savings account by reason of
paragraph (2). Notwithstanding the preceding sentence, any such
account is subject to the taxes imposed by section 511
(relating to imposition of tax on unrelated business income of
charitable, etc. organizations).
``(2) Account terminations.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to housing
equity savings accounts, and any amount treated as distributed
under such rules shall be treated as not used to make payments
described in subsection (e)(2).
``(g) Beneficiary Must Be Under Age 55.--No deduction shall be
allowed under this section with respect to any payment to a housing
equity savings account for the benefit of an individual if such
individual has attained age 55 before the close of such individual's
taxable year for which the contribution was made.
``(h) Other Definitions and Special Rules.--
``(1) Other definitions.--For purposes of this section--
``(A) Account beneficiary.--The term `account
beneficiary' means the individual for whose benefit the
housing equity savings account was established.
``(B) Principal residence.--The term `principal
residence' has the same meaning as when used in section
121, except that such term shall include only
residences located in the United States.
``(2) Cost-of-living adjustment.--
``(A) In general.--In the case of any taxable
beginning in a calendar after 2012, the dollar amount
in subsection (b)(1) shall be increased by an amount
equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which such taxable year begins
determined by substituting `calendar year 2011'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any increase under subparagraph
(A) is not a multiple of $50, such increase shall be
rounded to the nearest multiple of $50.
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 219(d)(2) (relating to no deduction
for rollovers).
``(B) Section 219(f)(3) (relating to time when
contributions deemed made).
``(C) Section 219(f)(5) (relating to employer
payments).
``(D) Section 408(g) (relating to community
property laws).
``(E) Section 408(h) (relating to custodial
accounts).
``(i) Reports.--The trustee of a housing equity savings account
shall make such reports regarding such account to the Secretary and to
the individual for whose benefit the account is maintained with respect
to contributions, distributions, and such other matters as the
Secretary may by regulation prescribe. The reports required by this
subsection shall be filed at such time and in such manner, and
furnished to such individuals at such time and in such manner, as may
be required by such regulations.''.
(b) Deduction Allowed in Arriving at Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by inserting after
paragraph (21) the following new paragraph:
``(22) Housing equity savings account contributions.--The
deduction allowed by section 224.''.
(c) Tax on Excess Contributions.--
(1) Subsection (a) of section 4973 of such Code (relating
to tax on excess contributions to individual retirement
accounts, etc.) is amended by striking ``or'' at the end of
paragraph (4), by inserting ``or'' at the end of paragraph (5),
and by inserting after paragraph (5) the following new
paragraph:
``(6) a housing equity savings account (within the meaning
of section 224(d)),''.
(2) Section 4973 of such Code is amended by adding at the
end the following new subsection:
``(h) Excess Contributions to Housing Equity Savings Accounts.--For
purposes of this section, in the case of housing equity savings
accounts (within the meaning of section 224(d)), the term `excess
contributions' means the sum of--
``(1) the excess (if any) of--
``(A) the aggregate amount contributed for the
taxable year to the accounts (other than rollover
contributions), over
``(B) the amount allowable as a deduction under
section 224 for such contributions, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts which
were included in gross income under rules similar to
the rules of section 408(d)(5) which apply to such
accounts by reason of section 224(e)(3), and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
deduction under section 224(b) for the taxable
year, over
``(ii) the amount contributed to the
accounts for the taxable year.
For purposes of this subsection, any contribution which is
distributed out of the housing equity savings account in a
distribution to which the rules similar to the rules of section
408(d)(4) which apply to such accounts by reason of section
224(e)(3) shall be treated as an amount not contributed.''.
(d) Tax on Prohibited Transactions.--
(1) In general.--Paragraph (1) of section 4975(e) of such
Code (relating to prohibited transactions) is amended by
striking ``or'' at the end of subparagraph (F), by
redesignating subparagraph (G) as subparagraph (H), and by
inserting after subparagraph (F) the following new
subparagraph:
``(G) a housing equity savings account described in
section 224(d), or''.
(2) Special rule.--Subsection (c) of section 4975 of such
Code is amended by adding at the end the following new
paragraph:
``(7) Special rule for housing equity savings accounts.--An
individual for whose benefit a housing equity savings account
is established shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if
section 224(f)(2) applies with respect to such transaction.''.
(e) Failure To Provide Reports on Housing Equity Savings
Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to
failure to provide reports on individual retirement accounts or
annuities) is amended by striking ``and'' at the end of subparagraph
(D), by striking the period at the end of subparagraph (E) and
inserting ``, and'', and by adding at the end the following new
subparagraph:
``(F) Section 224(i) (relating to housing equity
savings accounts).''.
(f) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 224 and inserting the following new items:
``Sec. 224. Housing equity savings accounts.
``Sec. 225. Cross references.''.
(g) Effective Date.--The amendments made by this section shall
apply to contributions for taxable years beginning after December 31,
2011. | Creating Homeownership Opportunity Act of 2011 - Amends the Internal Revenue Code to establish tax-exempt housing equity savings accounts to assist individual taxpayers under the age of 55 in paying the costs of acquiring, constructing, or reconstructing a principal residence. Allows: (1) a deduction from gross income for cash contributions to such accounts for the lesser of $10,000 or the compensation includible in the taxpayer's gross income for a taxable year, (2) an exclusion from gross income of amounts distributed from such accounts that are used by an account beneficiary to purchase a principal residence or make payments to such beneficiary's individual retirement account (IRA), and (3) a tax-free rollover into an IRA if an account beneficiary reaches age 55 or has maintained an account for 20 years without purchasing a residence. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a deduction for contributions to tax-exempt Housing Equity Savings Accounts."} | 2,988 | 175 | 0.556048 | 1.528075 | 0.698927 | 1.772727 | 17.902597 | 0.88961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Child Left Behind Fairness Act of
2004''.
SEC. 2. REVIEW OF ADEQUATE YEARLY PROGRESS DETERMINATIONS FOR SCHOOLS
FOR THE 2002-2003 SCHOOL YEAR.
(a) In General.--The Secretary shall require each local educational
agency to provide each school served by the agency with an opportunity
to request a review of a determination by the agency that the school
did not make adequate yearly progress for the 2002-2003 school year.
(b) Final Determination.--Not later than 30 days after receipt of a
request by a school for a review under this section, a local
educational agency shall issue and make publicly available a final
determination on whether the school made adequate yearly progress for
the 2002-2003 school year.
(c) Evidence.--In conducting a review under this section, a local
educational agency shall--
(1) allow the principal of the school involved to submit
evidence on whether the school made adequate yearly progress
for the 2002-2003 school year; and
(2) consider that evidence before making a final
determination under subsection (b).
(d) Standard of Review.--In conducting a review under this section,
a local educational agency shall revise, consistent with the applicable
State plan under section 1111 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311), the local educational agency's original
determination that a school did not make adequate yearly progress for
the 2002-2003 school year if the agency finds that the school made such
progress taking into consideration--
(1) the amendments made to part 200 of title 34 of the Code
of Federal Regulations on December 9, 2003 (68 Fed. Reg. 68698)
(relating to accountability for the academic achievement of
students with the most significant cognitive disabilities); or
(2) any regulation or guidance that, subsequent to the date
of such original determination, was issued by the Secretary
relating to--
(A) the assessment of limited English proficient
children;
(B) the inclusion of limited English proficient
children as part of the subgroup described in section
1111(b)(2)(C)(v)(II)(dd) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(v)(II)(dd)) after such children have
obtained English proficiency; or
(C) any requirement under section 1111(b)(2)(I)(ii)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)(I)(ii)).
(e) Effect of Revised Determination.--
(1) In general.--If pursuant to a review under this section
a local educational agency determines that a school made
adequate yearly progress for the 2002-2003 school year, upon
such determination--
(A) any action by the Secretary, the State
educational agency, or the local educational agency
that was taken because of a prior determination that
the school did not make such progress shall be
terminated; and
(B) any obligations or actions required of the
local educational agency or the school because of the
prior determination shall cease to be required.
(2) Exceptions.--Notwithstanding paragraph (1), a
determination under this section shall not affect any
obligation or action required of a local educational agency or
school under the following:
(A) Section 1116(b)(13) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(b)(13))
(requiring a local educational agency to continue to
permit a child who transferred to another school under
such section to remain in that school until completion
of the highest grade in the school).
(B) Section 1116(e)(8) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(e)(8))
(requiring a local educational agency to continue to
provide supplemental educational services under such
section until the end of the school year).
(3) Subsequent determinations.--In determining whether a
school is subject to school improvement, corrective action, or
restructuring as a result of not making adequate yearly
progress, the Secretary, a State educational agency, or a local
educational agency may not take into account a determination
that the school did not make adequate yearly progress for the
2002-2003 school year if such determination was revised under
this section and the school received a final determination of
having made adequate yearly progress for the 2002-2003 school
year.
(f) Notification.--The Secretary--
(1) shall require each State educational agency to notify
each school served by the agency of the school's ability to
request a review under this section; and
(2) not later than 30 days after the date of the enactment
of this section, shall notify the public by means of the
Department of Education's website of the review process
established under this section.
SEC. 3. REVIEW OF ADEQUATE YEARLY PROGRESS DETERMINATIONS FOR LOCAL
EDUCATIONAL AGENCIES FOR THE 2002-2003 SCHOOL YEAR.
(a) In General.--The Secretary shall require each State educational
agency to provide each local educational agency in the State with an
opportunity to request a review of a determination by the State
educational agency that the local educational agency did not make
adequate yearly progress for the 2002-2003 school year.
(b) Application of Certain Provisions.--Except as inconsistent
with, or inapplicable to, this section, the provisions of section 2
shall apply to review by a State educational agency of a determination
described in subsection (a) in the same manner and to the same extent
as such provisions apply to review by a local educational agency of a
determination described in section 2(a).
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``adequate yearly progress'' has the meaning
given to that term in section 1111(b)(2)(C) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)).
(2) The term ``local educational agency'' means a local
educational agency (as that term is defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) receiving funds under part A of title I of such Act (20
U.S.C. 6311 et seq.).
(3) The term ``Secretary'' means the Secretary of
Education.
(4) The term ``school'' means an elementary school or a
secondary school (as those terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) served under part A of title I of such Act (20 U.S.C.
6311 et seq.).
(5) The term ``State educational agency'' means a State
educational agency (as that term is defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)) receiving funds under part A of title I of such Act (20
U.S.C. 6311 et seq.). | No Child Left Behind Fairness Act of 2004 - Directs the Secretary of Education to require local educational agencies (LEAs) and State educational agencies (SEAs) to give schools and LEAs, respectively, an opportunity to request a review of a determination that they did not make adequate yearly progress (AYP) for the 2002-2003 school year.
Sets forth standards for such reviews, providing for consideration of subsequent regulations and guidance applicable to AYP determinations under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001.
Prohibits the Secretary, an SEA, or an LEA, with respect to subsequent determinations of whether a school is subject to school improvement, corrective action, or restructuring as a result of not making AYP, from taking into account a 2002-2003 non-AYP determination that was revised under this Act if the school received a final determination of AYP for such school year. | {"src": "billsum_train", "title": "A bill to provide for review of determinations on whether schools and local educational agencies made adequate yearly progress for the 2002-2003 school year taking into consideration subsequent regulations and guidance applicable to those determinations, and for other purposes."} | 1,588 | 211 | 0.61065 | 1.664419 | 0.882517 | 3.446927 | 7.698324 | 0.854749 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small Business
Opportunity Preservation Act of 1996''.
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
Sec. 2. Statement of policy.
Sec. 3. Definition of contract bundling.
Sec. 4. Assessing proposed contract bundling.
Sec. 5. Fostering contractor teaming.
Sec. 6. Reporting of bundled contract opportunities.
Sec. 7. Evaluating subcontract participation in awarding contracts.
Sec. 8. Improved notice of subcontracting opportunities.
Sec. 9. Deadlines for issuance of regulations.
SEC. 2. STATEMENT OF POLICY.
(a) Sustaining Small Business Participation in Government
Contracting Despite Contract Bundling.--Section 2 of the Small Business
Act (15 U.S.C. 631) is amended by adding at the end the following new
subsection:
``(j) In complying with the statement of congressional policy
expressed in subsection (a)(2)(B), relating to fostering the
participation of small business concerns in the contracting
opportunities of the Government, each Federal agency, to the maximum
practicable extent, shall--
``(1) comply with the provisions of this Act expressing
congressional intent to foster the participation of small
business concerns as prime contractors, especially section 15;
``(2) structure its contracting requirements to facilitate
competition by and among small business concerns, taking all
reasonable steps to eliminate obstacles to their participation;
``(3) avoid the bundling of contract requirements that
preclude small business participation as prime contractors; and
``(4) comply with the provisions of this Act expressing
congressional intent to foster the participation of small
business concerns as subcontractors (including suppliers),
especially section 8(d).''.
(b) Conforming Amendment.--Section 2(a) of the Small Business Act
(15 U.S.C. 631(a)) is amended--
(1) in the first sentence, by striking ``The essence'' and
inserting ``(1) The essence''; and
(2) by striking the fifth sentence and inserting the
following:
``(2) It is the declared policy of the Congress that the government
should aid, counsel, assist, and protect, in so far as is possible, the
interests of small business concerns in order to--
``(A) preserve free competitive enterprise;
``(B) insure that a fair proportion of the total purchases
for property or services (including construction) be placed
with small business concerns as prime contractors or
subcontractors (including suppliers);
``(C) insure that a fair proportion of the total sales of
Government property be made to small business concerns; and
``(D) maintain and strengthen the overall economy of the
Nation.''.
SEC. 3. DEFINITION OF CONTRACT BUNDLING.
Section 3 of the Small Business Act (15 U.S.C. 632) is amended by
adding at the end the following new subsection:
``(o) For the purposes of this Act, the terms `contract bundling',
`bundled contract', and `bundling of contract requirements' mean the
practice of consolidating two or more procurement requirements of a
type that were previously solicited and awarded as separate smaller
contracts into a single contract solicitation likely to be unsuitable
for award to a small business concern because of--
``(1) the diversity and size of the elements of performance
specified;
``(2) the aggregate dollar value of the anticipated award;
``(3) the geographical dispersion of the contract
performance sites; or
``(4) any combination of the factors described in
paragraphs (1), (2), and (3).''.
SEC. 4. ASSESSING PROPOSED CONTRACT BUNDLING.
(a) In General.--Section 15(b) of the Small Business Act (15 U.S.C.
644(b)) is amended to read as follows:
``(b)(1)(A) To the maximum extent practicable, procurement
strategies used by the various agencies having contracting authority
shall facilitate the maximum participation of small business concerns
as prime contractors.
``(B) Whenever a proposed procurement strategy reflects a bundling
of contract requirements, such proposed procurement strategy shall--
``(i) identify specifically the benefits anticipated from
bundling the contract requirements;
``(ii) assess the specific impediments to participation by
small business concerns as prime contractors and specify
actions designed to maximize small business participation as
subcontractors (including suppliers) at various tiers; and
``(iii) include a specific determination that the
anticipated benefits of the proposed bundled contract justify
its use.
``(2)(A) The Administration, acting through one of its Procurement
Center Representatives (or such other employee of the Administration as
may be designated), is empowered to review for a period of 30 days a
proposed solicitation for compliance with the requirements of this
subsection and subsection (a). The 30-day review shall occur
concurrently with other reviews required prior to the issuance of the
solicitation.
``(B) Within 15 days after receipt from a procurement activity of a
Federal agency of any proposed contract solicitation that in the
opinion of the representative would constitute a bundling of contract
requirements, the representative (or other designee of the
Administration) shall--
``(i) request the head of the procurement activity to
furnish recommendations to modify the procurement strategy and
the proposed solicitation for the purpose of increasing the
probability of participation by small businesses as prime
contractors; or
``(ii) recommend to the procurement activity an alternative
procurement strategy that would increase the probability of
participation by small businesses as prime contractors.
``(C) Whenever the Procurement Center Representative and the head
of the procurement activity fail to agree to a revision of the
procurement strategy (or the proposed solicitation) under subparagraph
(B), the matter may be submitted by the Administrator to the head of
the agency in which the procurement activity is located for
determination.
``(D) Any determination by an agency head to issue a contract
solicitation with no revision of the procurement strategy (or the
proposed solicitation) shall be supported by findings and an assessment
addressing the matters described in subparagraph (E). Such
determination and findings shall be submitted to the Administrator.
``(E) The findings accompanying a determination made pursuant to
subparagraph (D) shall include--
``(i) the estimated benefits of the proposed bundling of
contract requirements, including improved performance of
programmatic objectives to be met by the contract, savings in
terms of acquisition costs and contract administration costs,
and how such estimated benefits were calculated;
``(ii) specific adverse impacts on the participation of
small business concerns as prime contractors, especially small
business concerns that are performing (or have previously
performed) contracts of the type that are proposed for
inclusion in the solicitation for the bundled contract;
``(iii) specific actions to foster the participation of
small businesses in the performance of the bundled contract as
subcontractors (including suppliers) at various tiers; and
``(iv) such other matters as the agency head considers
appropriate.
``(F) Unless otherwise authorized by the head of the agency for
urgent and compelling reasons, the solicitation shall not be issued
until the determination under subparagraph (D) has been made by such
agency head and submitted to the Administrator.''.
(b) Conforming Amendment.--Section 15(a) of the Small Business Act
(15 U.S.C. 644(a)) is amended by striking the third, fourth, fifth, and
sixth sentences.
(c) Responsibilities of Agency Small Business Advocates.--Section
15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended--
(1) by redesignating paragraphs (5), (6), (7), (8), and (9)
as paragraphs (6), (7), (8), (9), and (10), respectively; and
(2) by adding after paragraph (4) the following new
paragraph (5):
``(5) identify and report on proposed solicitations that
represent bundling of contract requirements, and work with the
agency acquisition officials and the Administration to revise
the procurement strategies for such proposed solicitations to
increase the probability of participation by small businesses
as prime contractors, or to facilitate small business
participation as subcontractors and suppliers, if a
solicitation for a bundled contract is to be issued,''.
SEC. 5. FOSTERING CONTRACTOR TEAMING.
Section 15(b) of the Small Business Act (15 U.S.C. 644(b)), as
amended by section 2, is further amended by adding at the end the
following new paragraph:
``(3)(A) A small business concern intending to submit an
offer for an anticipated bundled contract may propose to the
Administration for approval a team of subcontractors meeting
the requirements of subparagraph (B) without regard to the
requirements of subsection (o) or the regulations of the
Administration regarding findings of affiliation or control,
either direct or indirect.
``(B) A subcontracting team proposed under subparagraph (A)
may include--
``(i) other small business concerns; and
``(ii) business concerns other than small business
concerns, whose aggregate participation may not
represent more than 25 percent of the anticipated total
value of the contract.
``(C) Any subcontracting team proposed under subparagraph
(A) and approved by the Administrator shall be subject to such
alternative requirements regarding subcontracting and
affiliation or control as may be specified by the
Administrator.''.
SEC. 6. REPORTING OF BUNDLED CONTRACT OPPORTUNITIES.
(a) Data Collection Required.--The Federal Procurement Data System
described in section 6(d)(4)(A) of the Office of Federal Procurement
Policy Act (41 U.S.C. 405(d)(4)(A)) shall be modified to collect data
regarding contract bundling. The data shall reflect the determination
made by the employee of the Small Business Administration exercising
the responsibilities of section 15(b) of the Small Business Act (15
U.S.C. 644(b)) (as amended by section 3) regarding whether a particular
solicitation constitutes contract bundling.
(b) Definitions.--For purposes of this section, the term ``contract
bundling'' has the meaning given such term in section 3(o) of the Small
Business Act (15 U.S.C. 632(o)) (as added by section 2).
SEC. 7. EVALUATING SUBCONTRACT PARTICIPATION IN AWARDING CONTRACTS.
(a) In General.--Section 8(d)(4) of the Small Business Act (15
U.S.C. 637(d)(4)) is amended by striking ``(4)(A)'' and all that
follows through the end of subparagraph (D) and inserting the
following:
``(4)(A) Each solicitation for the award of a contract (or
subcontract) with an anticipated value of $1,000,000, in the case of a
contract for construction (including repair, alteration, or demolition
of existing construction) or $500,000, in the case of a contract for
all other types of services or supplies, that can reasonably be
expected to offer opportunities for subcontracting in the business
judgment of the contracting officer, shall--
``(i) in the case of a contract to be awarded using
competitive procedures, include solicitation provisions
described in subparagraph (B);
``(ii) in the case of a contract to be awarded using
procedures other than competitive procedures, require
submission and acceptance of a subcontracting plan pursuant to
subparagraph (C); and
``(iii) in the case of a subcontract award, require
submission and acceptance of a subcontracting plan pursuant to
subparagraph (D).
``(B) With respect to subcontract participation by the various
types of small business concerns listed in paragraph (1), the
solicitation shall--
``(i) specify, whenever practicable, minimum percentages
for subcontract participation by the various types of small
business concerns listed in paragraph (1), determined in the
exercise of business judgment by the contracting officer
considering the matters described in subparagraph (F)(iii),
that must be met for an offer to be considered responsive;
``(ii) assign a weight of not less than the numerical
equivalent of 5 percent of the total of all evaluation factors
to a contract award evaluation factor that recognizes
incrementally higher subcontract participation rates in excess
of the minimum percentages, if any;
``(iii) require the successful offeror to submit a
subcontracting plan that incorporates the information
prescribed in paragraph (6); and
``(iv) assign a significant weight in the evaluation of
past performance by offerors in attaining subcontract
participation goals.
``(C)(i) The apparent successful offeror for a contract to be
awarded using procedures other than competitive procedures shall
negotiate with the contracting officer--
``(I) separate goals for subcontract participation by the
various types of small business concerns listed in paragraph
(1); and
``(II) a plan for the attainment of the goals that
incorporates the information prescribed in paragraph (6).
``(ii) The goals and plan shall reflect the maximum practicable
opportunity for participation of small business concerns in the
performance of the contract, considering the matters described in
subparagraph (F)(iii). If, within the time limits prescribed in the
Federal Acquisition Regulation, the apparent successful offeror fails
to negotiate such goals and subcontracting plan, such offeror shall be
ineligible for award of the contract.
``(D) An apparent subcontract awardee shall negotiate with the
prime contractor (or higher-tier subcontractor) a goal for the
participation of the various types of small business concerns listed in
paragraph (1), and a plan for the attainment of those goals which
incorporates the information prescribed in paragraph (6). Such goals
and plan shall reflect the maximum practicable opportunity for the
participation of such small business concerns in the performance of the
contract, considering the matters described in subparagraph
(F)(iii).''.
(b) Conforming Amendments.--Section 8(d) of the Small Business Act
(15 U.S.C. 637(d)) is amended as follows:
(1) Paragraph (5) is amended to read as follows:
``(5) [Reserved.]''.
(2) Paragraph (6) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``or (5)''; and
(B) in subparagraph (D), by striking ``or (5)''.
(3) Paragraph (7) is amended by striking ``(4), (5),'' and
inserting ``(4)''.
(4) Paragraph (10) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``(4), (5),'' and inserting ``(4)''; and
(B) in subparagraph (B), by striking ``paragraphs
(4) and (5)'' and inserting ``paragraph (4)''.
SEC. 8. IMPROVED NOTICE OF SUBCONTRACTING OPPORTUNITIES.
(a) Use of the Commerce Business Daily Authorized.--Section 8 of
the Small Business Act (15 U.S.C. 637) is amended by adding at the end
the following new subsection:
``(k) Notices of Subcontracting Opportunities.--
``(1) In general.--Notices of subcontracting opportunities
may be submitted for publication in the Commerce Business Daily
by--
``(A) a business concern awarded a contract by an
executive agency subject to subsection (e)(1)(C); and
``(B) a business concern which is a subcontractor
or supplier (at any tier) to such contractor having a
subcontracting opportunity in excess of $10,000.
``(2) Contents of notice.--The notice of a subcontracting
opportunity shall include--
``(A) a description of the business opportunity
that is comparable to the description specified in
paragraphs (1), (2), (3), and (4) of subsection (f);
and
``(B) the due date for receipt of offers.''.
(b) Regulations Required.--The Federal Acquisition Regulation shall
be amended to provide uniform implementation of the amendments made by
this section.
(c) Conforming Amendment.--Section 8(e)(1)(C) of the Small Business
Act (15 U.S.C. 637(e)(1)(C)) is amended by striking ``$25,000'' each
place it appears and inserting ``$100,000''.
SEC. 9. DEADLINES FOR ISSUANCE OF REGULATIONS.
(a) Proposed Regulations.--Proposed amendments to the Federal
Acquisition Regulation or proposed Small Business Administration
regulations shall be published not later than 120 days after the date
of enactment of this Act for the purpose of obtaining public comment
pursuant to section 22 of the Office of Federal Procurement Policy Act
(41 U.S.C. 418b) or chapter 5 of title 5, United States Code, as
appropriate. The public shall be afforded not less than 60 days to
submit comments.
(b) Final Regulations.--Final regulations shall be published not
later than 270 days after the date of enactment of this Act. The
effective date for such regulations shall be at least 30 days after the
date of publication. | Small Business Opportunity Preservation Act of 1996 - Amends the Small Business Act to state as a policy under such Act that each Federal agency: (1) foster the participation of small businesses as prime contractors; (2) structure its contracting requirements to facilitate competition by and among small businesses; (3) avoid contract bundling (the practice of consolidating two or more procurement requirements into a single contract likely to be unsuitable for award to a small business); and (4) comply with requirements intended to foster the participation of small businesses as subcontractors.
(Sec. 4) Requires procurement strategies used by Federal agencies to facilitate the maximum participation of small businesses as prime contractors. Requires specific information to be included in any proposed procurement strategy that reflects a bundling of contract requirements, including impediments caused to small businesses as prime contractors. Authorizes the Small Business Administration (SBA) to review proposed contract solicitations for compliance with such requirements and to act within 15 days toward the modification of procurement strategies to increase the probability of participation by small businesses as prime contractors. Requires a determination not to modify a procurement strategy to be supported by specified findings and an assessment which addresses matters concerning contract bundling and its impacts on small businesses.
(Sec. 5) Authorizes a small business intending to submit an offer for an anticipated bundled contract to propose to the SBA for approval a team of small business subcontractors (or a team of small businesses and other businesses whose participation may not represent more than 25 percent of the contract value) to perform the contract.
(Sec. 6) Requires the Federal Procurement Data System to be modified to collect data regarding contract bundling.
(Sec. 7) Requires, in a solicitation for the award of construction contracts of $1 million or other types of contracts for $500,000, the inclusion of provisions which specify minimum percentages of participation by various types of small businesses in subcontracting under such contracts. Requires the successful offeror for such a contract to negotiate with the contracting officer in order to meet specified goals for subcontract participation by small businesses.
(Sec. 8) Authorizes notice of subcontracting opportunities to be submitted for publication in the Commerce Business Daily by the appropriate prime contractors.
(Sec. 9) Provides deadlines for the publication of proposed amendments made to the Federal Acquisition Regulation or to SBA regulations. | {"src": "billsum_train", "title": "Small Business Opportunity Preservation Act of 1996"} | 3,884 | 525 | 0.675608 | 2.214441 | 0.77401 | 3.134658 | 7.807947 | 0.931567 |
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Ships to be Recycled in the States
Act'' or the ``STORIS Act''.
SEC. 2. ANNUAL REPORT ON DISPOSITION OF VESSELS NOT WORTH PRESERVING.
Section 57102 of title 46, United States Code, is amended by adding
at the end the following:
``(c) Annual Report.--
``(1) Requirement.--Not later than 1 year after the date of
the enactment of the Ships to be Recycled in the States Act and
annually thereafter, the Secretary of Transportation, in
coordination with the Secretary of the Navy, shall report to
the Committee on Armed Services and the Committee on Commerce,
Science, and Transportation of the Senate and the Committees on
Armed Services, the Committee on Natural Resources, and the
Committee on Transportation and Infrastructure of the House of
Representatives on the vessel disposal program carried out
under this section and on any other disposal of obsolete
vessels owned by the Government carried out under any other
authority.
``(2) Content.--Each annual report required by paragraph
(1) shall include the total amount of--
``(A) appropriated funds expended to carry out the
vessel disposal program under this section and any
other disposal of obsolete vessels owned by the
Government carried out under any other authority during
the previous year; and
``(B) the sales accrued and disbursed for such
program and disposal.''.
SEC. 3. AUDIT OF VESSEL DISPOSAL PROGRAM.
(a) Requirement.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct and submit to the appropriate committees of Congress a
full audit of all excess Federal Government vessel sales contracts,
including resulting receivables and expenditures, entered into by the
Maritime Administration in the period beginning January 1, 1994, and
ending on the date of the enactment of this Act.
(b) Content.--The audit required by subsection (a) shall review--
(1) receivables, by contract from award to contract close-
out; where receivables were held or invested; expenditures and
distributions, including recipients of grants under the
National Maritime Heritage Grants Program since the date of the
enactment of the National Maritime Heritage Act of 1994 (Public
Law 103-451); internal safeguards from waste, fraud, and abuse;
and the status of any remaining unexpended funds;
(2) agency management of the sales program, including
review of safeguards from fraud, waste, and abuse from initial
offerings, to submission of bids, and through award to contract
close-out and any resulting protest or litigation;
(3) contracts for the sale of excess Federal Government
vessels that were awarded to bidders that were not the highest
bidders and the financial impact of those awards on recipients
of grants under the National Maritime Heritage Grants Program,
including the State maritime academies, and the United States
Merchant Marine Academy, and on the National Maritime Heritage
Grant Program; and
(4) agreements the Maritime Administration has entered into
with the Coast Guard, the Department of Defense, the General
Services Administration, the Environmental Protection Agency,
and other Government agencies to dispose of excess Government
vessels, including whether those agreements and agency policies
are consistent with the Duncan Hunter National Defense
Authorization Act for 2009 (Public Law 110-417) and other
relevant State and Federal laws.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the following:
(A) The Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate.
(B) The Committee on Armed Services, the Committee
on Natural Resources, and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) National maritime heritage grants program.--The term
``National Maritime Heritage Grants Program'' means the
National Maritime Heritage Grants Program established pursuant
to the National Maritime Heritage Act of 1994 (Public Law 103-
451; superseded by chapter 3087 of title 54, United States
Code).
(3) State maritime academy.--The term ``State maritime
academy'' has the meaning given that term in section 51102 of
title 46, United States Code.
(4) Vessel operations revolving fund.--The term ``Vessel
Operations Revolving Fund'' means the Vessel Operations
Revolving Fund established under section 50301 of title 46,
United States Code.
SEC. 4. OBSOLETE VESSELS.
(a) Prohibition on Transfers to Noncitizens.--Section 57104 of
title 46, United States Code, is amended by striking subsection (d).
(b) Selection of Scrapping Facilities.--Section 3502 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 54 U.S.C. 308704 note) is
amended--
(1) by striking subsections (b), (e), and (f);
(2) in subsection (c)(2)(A), by striking ``paragraph)'' and
all that follows through the end and inserting ``paragraph);'';
and
(3) in subsection (d)(2), by striking ``shall--'' and all
that follows through the end and inserting ``shall use full and
open competition.''.
(c) Availability of Funds From Sale and Scrapping of Obsolete
Vessels.--Subsection (a)(1)(C) of section 308704 of title 54, United
States Code, is amended to read as follows:
``(C) The remainder shall be available to the
Secretary to carry out the Program, as provided in
subsection (b).''.
(d) Best Value Criteria.--Subsection (c)(1) of section 308704 of
title 54, United States Code, is amended in the matter preceding
subparagraph (A), by striking ``services)'' and inserting ``services
from a pool of pre-qualified domestic ship recycling companies)''.
SEC. 5. DISMANTLEMENT OF VESSELS.
Section 6(e) of the Toxic Substances Control Act (15 U.S.C.
2605(e)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5) Nothing in this subsection shall be construed to prohibit the
dismantling of a vessel or marine structure for the purpose of
recycling materials recovered from the vessel or marine structure. If a
person so dismantling a vessel or marine structure finds
polychlorinated biphenyls, or suspects polychlorinated biphenyls will
be found, during the dismantling, then the person--
``(A) shall notify the Administrator; and
``(B) shall sample, remove, and dispose of any
polychlorinated biphenyls in accordance with the relevant
provisions of this Act, other Federal law, and any guidance of
the Administrator applicable to sampling vessels or marine
structures for polychlorinated biphenyls.''.
SEC. 6. REEFS FOR MARINE LIFE CONSERVATION PROGRAM.
(a) Prohibition on Transfer of Obsolete Vessels to Foreign
Countries.--Section 3(d) of the Act entitled ``An Act to authorize
appropriations for the fiscal year 1973 for certain maritime programs
of the Department of Commerce, and for related purposes'', approved
August 22, 1972 (Public Law 92-402; 16 U.S.C. 1220(d)), is amended by
striking ``States, and any foreign country,'' and inserting ``States''.
(b) Conforming Amendment.--Section 7 of the Act entitled ``An Act
to authorize appropriations for the fiscal year 1973 for certain
maritime programs of the Department of Commerce, and for related
purposes'', approved August 22, 1972 (Public Law 92-402; 16 U.S.C.
1220c-1), is amended by striking subsection (d).
SEC. 7. PUBLICATION OF MARITIME ADMINISTRATION AGREEMENTS.
(a) In General.--Chapter 501 of title 46, United States Code, is
amended by adding the following:
``Sec. 50114. Publication of Maritime Administration vessel recycling
agreements
``(a) Requirement for Publication.--The Administrator of the
Maritime Administration shall make available to the public on the
website of the Maritime Administration the full text of each memorandum
of agreement, memorandum of understanding, cooperative agreement, and
similar agreement between the Maritime Administration and any other
agency, department, or person.
``(b) Timing of Publication.--Not later than 30 days after the date
a document referred to in subsection (a) is signed by the parties, the
Administrator of the Maritime Administration shall make such document
available on the website of the Maritime Administration.
``(c) Initial Publication.--Not later than 30 days after the date
of the enactment of the Ships to be Recycled in the States Act, the
Administrator of the Maritime Administration shall make available on
the website of the Maritime Administration each document referred to in
subsection (a) that was in effect on the date of the enactment of such
Act.''.
(b) Table of Sections Amendment.--The table of sections for chapter
501 of title 46, United States Code, is amended by adding at the end
the following:
``50114. Publication of Maritime Administration agreements.''. | Ships to be Recycled in the States Act or the STORIS Act This bill requires the Department of Transportation (DOT), in coordination with the Department of the Navy, to report to Congress on the program for disposal of government-owned merchant vessels as well as on any other disposal of obsolete government-owned vessels. The Government Accountability Office shall audit all excess federal government vessel sales contracts, including resulting receivables and expenditures, entered into by the Maritime Administration during a specified period. The bill repeals authority to scrap any vessel sold from the National Defense Reserve Fleet in an approved foreign market without obtaining additional separate DOT approval to transfer the vessel to a person not a U.S. citizen. The Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 is amended to revise requirements for the selection of qualified scrapping facilities. The Toxic Substances Control Act is amended to declare that nothing in the mandate for the Environmental Protection Agency (EPA) to regulate polychlorinated biphenyls (PCBs) shall be construed to prohibit the dismantling of a vessel or marine structure in order to recycle recovered materials. If PCBs are found or suspected, the person dismantling the vessel or marine structure must comply with specified requirements for informing the EPA and disposing of the PCBs. The bill repeals authorization for any foreign country to apply for an obsolete vessel to be used for an artificial reef. The Maritime Administration shall make public on its website the full text of each memorandum of agreement and similar agreement between the Maritime Administration and any other agency, department, or person. | {"src": "billsum_train", "title": "STORIS Act"} | 2,185 | 355 | 0.547011 | 1.729858 | 0.699615 | 3.182759 | 6.465517 | 0.831034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Housing Privatization
Initiatives Projects Oversight and Accountability Act of 2007''.
SEC. 2. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILITARY HOUSING
PRIVATIZATION INITIATIVE PROJECTS.
(a) In General.--Subchapter IV of chapter 169 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2885. Oversight and accountability for privatization projects
``(a) Guaranteed Maximum Price Contract and Performance Schedule.--
``(1) In general.--Each military housing privatization
initiative project shall be carried out under a guaranteed
maximum price contract and accompanied by a performance
schedule.
``(2) Terms.--Each contract under this subsection shall be
reviewed by an independent third party and certified as
reasonable and consistent with local construction prices and
geographic costs of living standards established by the
Department of Defense.
``(b) Oversight and Accountability Measures.--Each Secretary
concerned shall prescribe regulations to effectively oversee and manage
military housing privatization initiative projects under the
Secretary's jurisdiction in order to maintain project performance and
schedule. The regulations shall include the following requirements for
each privatization project:
``(1) Monthly site visits.--The chief engineering officer
at the local military installation shall conduct monthly site
visits and provide reports on the progress of the privatization
project. The reports shall be endorsed by the commander at such
installation and submitted quarterly to the chief officer for
installations and environment of the respective military
department and the Deputy Under Secretary of Defense for
Installations and Environment.
``(2) Monthly meetings.--The chief engineering officer at
the local military installation, and, as applicable, the
resident construction manager, privatization asset manager,
bondholder representative, project owner, developer, general
contractor, and construction consultant for the project shall
conduct monthly meetings to ensure that the project meets
performance and schedule requirements and that appropriate
operating and ground lease agreements are in place and adhered
to.
``(3) Notices of deficiency.--If a project is 90 days or
more behind schedule or more than 20 percent over budget, the
chief officer for installations and environment of the
respective military department shall submit a notice of
deficiency to the Deputy Under Secretary of Defense for
Installations and Environment, the Secretary concerned, the
bondholder representative, and the trustee for the project.
``(4) Correction of deficiencies.--
``(A) Cure notice.--Not later than 15 days after
the submittal of a notice of deficiency under paragraph
(3), the Secretary concerned shall submit to the
project owner, developer, or general contractor
responsible for the project a summary of deficiencies,
or cure notice, related to the project.
``(B) Official letter of notice.--If the project
owner, developer, or general contractor responsible for
the project is unable, within 30 days after receiving a
cure notice under subparagraph (A), to make progress on
the issues outlined in such notice, the Secretary
concerned shall submit to the project owner, developer,
or general contractor, the bondholder representative,
and the trustee an official letter of notice addressing
the deficiencies and detailing the corrective actions
that should be taken to correct the deficiencies.
``(C) Certification required to continue certain
projects.--If the project owner, developer, or general
contractor responsible for the privatization project is
unable, within 60 days after receiving a cure notice
under subparagraph (A), to make progress on the issues
outlined in such notice, the Deputy Under Secretary of
Defense for Installations and Environment shall certify
to the congressional defense committees that continuing
the project is in the best interest of the United
States or the project shall be terminated for default.
``(c) Options for Combining Deficient Projects With Projects of
Other Military Departments.--Before terminating a ground lease or
foreclosing on a military construction privatization project, the
Secretary concerned, in conjunction with the Deputy Under Secretary of
Defense for Installations and Environment, shall examine options for
combining the project with a planned project or projects for which a
request for proposal or request for qualification is expected to be
issued within 180 days by another military department.
``(d) Availability of Sufficient Reserves.--The Secretary concerned
shall ensure that sufficient funds are available for the completion of
each military housing privatization initiative project to provide for
the timely completion of the project in the event of default, including
to provide for the payment of subcontractors for the performance of
work already accomplished and necessary to complete the project.
``(e) Conditional Release of Payments for Projects.--
``(1) Sequestration of funds.--Each contract or agreement
for a military housing privatization initiative project shall
provide for the sequestration of funds to be paid under such
contract or agreement into a separate account to be known as
the `project lockbox'.
``(2) Release of funds.--Funds sequestered under paragraph
(1) shall not be paid to the project owner, developer, or
general contractor under the project contract or agreement
until the Secretary concerned is provided a report signed by
the project owner, developer, or general contractor, the
bondholder representative, the trustee, and construction
consultant that includes the following:
``(A) A detailed list of payments to be made under
the contract or agreement.
``(B) The amount of each such payment.
``(C) The total amount of such payments that have
been made to date.
``(D) A comparison between--
``(i) the percentage of the total capital
sources for the project that have been
expended; and
``(ii) the percentage of work that has been
completed on the project.
``(f) Community Meetings.--
``(1) In general.--Whenever a military construction
privatization project is awarded, the chief officer for
installations and environment of the respective military
department and the commanding officer of the local military
installation shall hold a meeting with the local community to
communicate the following information:
``(A) The nature of the project.
``(B) Any contractual arrangements.
``(C) Potential liabilities to local construction
management companies and subcontractors.
``(2) Publication in federal register.--The requirement
under paragraph (1) may be met by publishing the information
described in such paragraph on the Federal Business
Opportunities (FedBizOpps) Internet website.
``(g) Required Qualifications.--The Secretary concerned shall
certify that the project owner, developer, or general contractor that
is selected for each military housing privatization initiative project
has construction experience commensurate with that required to complete
the project.
``(h) Required Bonding Levels.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary concerned shall ensure that the project owner,
developer, or general contractor responsible for a military
housing privatization initiative project is fully bonded for
the project, including by obtaining payment and performance
bonds in an amount not less than 100 percent of the maximum
price allowable under the contract or agreement for the overall
project and each phase of the project.
``(2) Exceptions.--
``(A) Waiver.--The Deputy Under Secretary of
Defense for Installations and Environment may waive the
bonding requirement under paragraph (1) to permit a
bonding level as low as 50 percent. Notice of such
waiver shall be submitted to the congressional defense
committees, including the rationale for such lower
bonding level.
``(B) Alternative securities.--The Secretary
concerned may accept in lieu of the full bonding
required under paragraph (1) an alternative type of
security, including a corporate guarantee, if the
Secretary determines that such security meets or
exceeds the levels of coverage required under such
paragraph. Notice of such alternative security shall be
submitted to the congressional defense committees,
including the rationale for accepting such alternative
security.
``(i) Certifications Regrading Previous Bankruptcy Declarations.--
If a military department awards a contract or agreement for a military
housing privatization initiative project to a project owner, developer,
or general contractor that has previously declared bankruptcy, the
Secretary concerned shall specify in the notification to Congress of
the project award the extent to which the issues related to the
previous bankruptcy impact the ability of the project owner, developer,
or general contractor to complete the project.
``(j) Communication Regarding Poor Performance.--The Deputy Under
Secretary of Defense for Installations and Environment shall prescribe
regulations to provide for regular and appropriate communication
between representatives of the military departments and bondholders for
military housing privatization initiative projects to ensure timely
action to address inadequate performance in carrying out projects.
``(k) Reporting of Efforts To Select Successor in Event of
Default.--In the event a military housing privatization initiative
project enters into default, the chief officer for installations and
environment of the respective military department shall submit a report
to the congressional defense committees every 30 days detailing the
status of negotiations to award the project to a new project owner,
developer, or general contractor.
``(l) Effect of Unsatisfactory Performance Rating on Affiliated
Entities.--In the event the project owner, developer, or general
contractor for a military construction project receives an
unsatisfactory performance rating due to poor performance, each parent,
subsidiary, affiliate, or other controlling entity of such owner,
developer, or contractor shall also receive an unsatisfactory
performance rating.
``(m) Effect of Cure Notices on Contractors and Affiliated
Entities.--
``(1) In general.--The Deputy Under Secretary of Defense
for Installations and Environment shall keep a record of all
plans of action or cure notices issued to a project owner,
developer, or general contractor under subsection (b)(4),
including the identity of each parent, subsidiary, affiliate,
or other controlling entity of such owner, developer, or
contractor.
``(2) Consultation.--Each military department shall consult
the records maintained under paragraph (1) when reviewing the
past performance of owners, developers, and contractors in the
bidding process for a contract or other agreement for a
military housing privatization initiative project.
``(n) Annual Reports.--Each Secretary concerned shall submit to the
congressional defense committees an annual report outlining lessons
learned from the selection, approval, and implementation of military
housing privatization initiative projects by the respective military
department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2885. Oversight and accountability for privatization projects.''. | Military Housing Privatization Initiatives Projects Oversight and Accountability Act of 2007 - Requires each military housing privatization initiative project to be carried out under a guaranteed maximum price contract (to be reviewed by an independent third party) and accompanied by a performance schedule. Requires each Secretary concerned to prescribe regulations for effective oversight and management of projects under the Secretary's jurisdiction.
Establishes requirements for: (1) combining projects in the event of termination of a lease or foreclosure on a project; (2) funding reserves; (3) sequestration and release of funds to be paid under a contract; (4) community meetings to convey project information; (5) certification of construction experience; (6) bonding levels; and (7) communication, review, and the effect of unsatisfactory performance or default (including the selection of a successor contractor).
Requires annual reports on lessons learned regarding the operation of military housing privatization initiative projects. | {"src": "billsum_train", "title": "A bill to provide for improved oversight of and accountability for military housing privatization initiative projects."} | 2,327 | 202 | 0.601905 | 1.80621 | 0.922824 | 2.775281 | 12.123596 | 0.910112 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Women's History Museum Act
of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the National Women's History Museum, Inc., is a
nonprofit, nonpartisan, educational institution incorporated in
the District of Columbia;
(2) the National Women's History Museum was established--
(A) to research and present the historic
contributions that women have made to all aspects of
human endeavor; and
(B) to explore and present in a fair and balanced
way the contributions that women have made to the
Nation in their various roles in family and society;
(3) the National Women's History Museum will collect and
disseminate information concerning women, including through the
establishment of a national reference center for the collection
and preservation of documents, publications, and research
relating to women;
(4) the National Women's History Museum will foster
educational programs relating to the history and contribution
to society by women, including promotion of imaginative
educational approaches to enhance understanding and
appreciation of historic contributions by women;
(5) the National Women's History Museum will publicly
display temporary and permanent exhibits that illustrate,
interpret, and demonstrate the contributions of women;
(6) the National Women's History Museum requires a museum
site near the National Mall to accomplish the objectives and
fulfill the ongoing educational mission of the museum;
(7) the 3-story glass enclosed structure known as the
``Pavilion Annex'' is a retail shopping mall built next to the
Old Post Office in 1992 by private developers using no Federal
funds on public land in the Federal Triangle south of
Pennsylvania Avenue, N.W.;
(8) the Pavilion Annex came into the possession of the
General Services Administration following bankruptcy and
default by the private developer of the Old Post Office
Pavilion;
(9) the Pavilion Annex has been vacant for 10 years and is
in a state of disrepair;
(10) the Pavilion Annex is located near an area that has
been identified as an ideal location for museums and memorials
in the Memorials and Museums Master Plan developed by the
National Capital Planning Commission;
(11) the National Women's History Museum will provide a
vibrant, cultural activity in a building currently controlled
by the General Services Administration but unused by any
Federal agency or activity;
(12) the General Accounting Office has determined that
vacant or underutilized properties present significant
potential risks to Federal agencies, including--
(A) lost dollars because of the difficulty of
maintaining the properties; and
(B) lost opportunities because the properties could
be put to more cost-beneficial uses, exchanged for
other needed property, or sold to generate revenue for
the Government;
(13) the National Women's History Museum will use
Government property for which there is no Government use as of
the date of enactment of this Act, in order to--
(A) promote utilization, economy, and efficiency of
Government-owned assets; and
(B) create an income producing activity;
(14) the National Women's History Museum will attract an
estimated 1,500,000 visitors annually to the District of
Columbia; and
(15) the National Women's History Museum will promote
economic activity in the District of Columbia by--
(A) creating jobs;
(B) increasing visitor spending on hotels, meals,
and transportation; and
(C) generating tax revenue for the District of
Columbia.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Museum sponsor.--The term ``Museum Sponsor'' means the
National Women's History Museum, Inc., a nonprofit organization
incorporated in the District of Columbia.
(3) Pavilion annex.--The term ``Pavilion Annex'' means the
building (and immediate surroundings, including any land
unoccupied as of the date of enactment of this Act) in
Washington, District of Columbia that is--
(A) known as the ``Pavilion Annex'';
(B) adjacent to the Old Post Office Building;
(C) located on Pennsylvania Avenue, N.W., to the
east of 11th Street N.W.; and
(D) located on land bounded on 3 sides by the
Internal Revenue Service buildings.
SEC. 4. OCCUPANCY AGREEMENT.
(a) In General.--Notwithstanding any other provision of law, the
Administrator shall enter into an occupancy agreement to make the
Pavilion Annex available to the Museum Sponsor for use as a National
Women's History Museum in accordance with this section.
(b) Appraisal.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, a fair market value for the purpose of
determining rent shall be determined by not more than 3
appraisers, operating under a common set of instructions, of
whom--
(A) 1 shall be retained by the Administrator;
(B) 1 shall be retained by the Museum Sponsor; and
(C) 1 shall be selected by the first 2 appraisers
only if--
(i) the first 2 appraisals are
irreconcilable; and
(ii) the difference in value between the
first 2 appraisals is greater than 10 percent.
(2) Difference of not more than 10 percent.--If the 2
appraisals differ by not more than 10 percent, the fair market
value shall be the average of the 2 appraisals.
(3) Irreconcilable appraisals.--If a third appraiser is
selected--
(A) the fee of the third appraiser shall be paid in
equal shares by the Administrator and the Museum
Sponsor; and
(B) the fair market value determined by the third
appraiser shall bind both parties.
(c) Term of Occupancy Agreement.--
(1) In general.--The term of the occupancy agreement shall
be at least 99 years, or any lesser term agreed to by the
Museum Sponsor.
(2) First payment.--The first payment shall be due on the
date that is 5 years after the date of execution of the
occupancy agreement.
(d) Private Funds.--The terms and conditions of the occupancy
agreement shall facilitate raising of private funds for the
modification, development, maintenance, security, information,
janitorial, and other services that are necessary to assure the
preservation and operation of the museum.
(e) Shared Facilities.--The occupancy agreement may include
reasonable terms and conditions pertaining to shared facilities to
permit continued operations and enable development of adjacent
buildings.
(f) Renovation and Modification.--
(1) In general.--The renovation and modification of the
Pavilion Annex--
(A) shall be carried out by the Museum Sponsor, in
consultation with the Administrator; and
(B) shall--
(i) be commenced as soon as practicable but
not later than 5 years after the date of
execution of the occupancy agreement;
(ii) sever the walkway to the Old Post
Office Building; and
(iii) enhance and improve the Pavilion
Annex consistent with the needs of the National
Women's History Museum and the adjacent
structures.
(2) Expense credit.--Any expenses incurred by the Museum
Sponsor under this subsection shall be credited against the
payment under subsection (c)(2).
(g) Report.--If the Administrator is unable to fully execute an
occupancy agreement within 120 days of the date of enactment of this
Act, not later than 150 days after the date of enactment of this Act,
the Administrator shall submit to the Committee on Governmental Affairs
in the Senate and the Committee on Government Reform in the House of
Representatives a report summarizing the issues that remain unresolved.
SEC. 5. EFFECT ON OTHER LAW.
Nothing in this Act limits the authority of the National Capital
Planning Commission.
Passed the Senate November 21, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | National Women's History Museum Act of 2003 - Requires the Administrator of General Services to enter into an occupancy agreement for up to 99 years to make the Pavilion Annex (the building and immediate surroundings, including any land unoccupied as of the enactment of this Act) in Washington, D.C. that is adjacent to the Old Post Office Building, located on Pennsylvania Avenue, N.W., to the east of 11th Street N.W., and located on land bounded on three sides by the Internal Revenue Service buildings, available to the Museum Sponsor (National Women's History Museum, Inc.) for a National Women's History Museum.
Prescribes requirements for appraisal of such property at fair market value to determine the rent.
Requires the renovation and modification of the Pavilion Annex to be carried out by the Museum Sponsor and to: (1) be commenced as soon as practicable but within five years after the execution of the occupancy agreement date; (2) sever the walkway to the Old Post Office Building; and (3) enhance and improve the Pavilion Annex consistent with the needs of the Museum and the adjacent structures.
Credits any expenses incurred by the Museum Sponsor for such renovation and modification against the first rent payment due five years after the execution of the occupancy agreement date.
Provides that, if the Administrator is unable to fully execute an occupancy agreement within 120 days of the enactment of this Act, then within 30 days thereafter, the Administrator shall report to specified congressional committees a summary of remaining unresolved issues.
Declares that nothing in this Act limits the authority of the National Capital Planning Commission. | {"src": "billsum_train", "title": "A bill to provide a site for the National Women's History Museum in the District of Columbia."} | 1,692 | 348 | 0.648734 | 2.350046 | 0.71182 | 4.186885 | 5.268852 | 0.921311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preservation of Localism, Program
Diversity, and Competition in Television Broadcast Service Act of
2003''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The principle of localism is embedded in the
Communications Act in section 307(b) of the Communications Act
of 1934 (47 U.S.C. 307(b)). It has been the pole star for
regulation of the broadcast industry by the Federal
Communications Commission for nearly 70 years.
(2) In the Telecommunications Act of 1996, Congress
directed the Federal Communications Commission to increase the
limitations on national multiple television ownership so that
one party could not own or control television stations whose
aggregate national audience reach exceeded 35 percent. Congress
did so because it recognized that--
(A) further national concentration could not be
undone;
(B) other regulatory changes, such as the repeal by
the Commission of its financial and syndication
regulations, would heighten the power of the national
television networks; and
(C) the independence of non-network-owned stations
would be threatened if network ownership exceeded 35
percent.
(3) If a limit to the national audience reach of television
stations that one party may own or control is not codified at
this time--
(A) further national concentration may occur whose
pernicious effects may be difficult to eradicate; and
(B) the independence of non-network-owned stations
will be threatened, placing local stations in danger of
becoming mere passive conduits for network
transmissions.
(4) A cap on national multiple television ownership will
help preserve localism by limiting the networks' ability to
dictate programming aired on local stations.
(5) The landscape of national ownership has changed
dramatically over the past two decades since the time when the
networks were limited to owning just seven television stations
nationwide:
(A) the Commission's financial and syndication
regulations have been repealed;
(B) the networks can own more than one television
station in many local markets;
(C) the networks have embraced programming ventures
from studios to syndication to foreign sales; and
(D) the networks own the most popular cable and
Internet content businesses.
Together these changes have strengthened the networks' hands
and given them strong incentives to override local interests.
(6) Unlike non-network-owned stations which are only
concerned with local viewers, network-owned stations have
multiple interests they must consider: national advertising
interests, syndicated programming interests, foreign sales
interests, cable programming interests, and, lastly, local
station interests.
(7) The possibility of further nationalization threatens
the current give-and-take between non-network-owned affiliates
and networks which can result in programming being edited,
scheduled, or promoted in ways that are more appropriate for
local audiences.
(8) As network power has grown in recent years, the
networks have forced affiliation agreements to tilt the balance
of power even more in their favor. Contract provisions encroach
on the ability of non-network-owned affiliates to reject
programming that local stations determine not to be in the best
interests of their local communities, and local stations are
penalized for unauthorized preemptions (as determined by the
network) and for exceeding preemption baskets.
(9) This Act will help to preserve localism in and to
prevent the further nationalization of the television broadcast
service.
(b) Purposes.--The purposes of this Act are--
(1) to promote the values of localism in the television
broadcast service;
(2) to promote diversity of television programming and
viewpoints;
(3) to promote competition; and
(4) to prevent excessive concentration of ownership by
establishing a limit to the national audience reach of the
television stations that any one party may own or control.
SEC. 3. NATIONAL TELEVISION MULTIPLE OWNERSHIP LIMITATIONS.
(a) Establishment of National Television Multiple Ownership
Limitations.--Part I of title III of the Communications Act of 1934 is
amended by inserting after section 339 (47 U.S.C. 339) the following
new section:
``SEC. 340. NATIONAL TELEVISION MULTIPLE OWNERSHIP LIMITATIONS.
``(a) National Audience Reach Limitation.--The Commission shall not
permit any license for a commercial television broadcast station to be
granted, transferred, or assigned to any party (including all parties
under common control) if the grant, transfer, or assignment of such
license would result in such party or any of its stockholders,
partners, or members, officers, or directors, directly or indirectly,
owning, operating or controlling, or having a cognizable interest in
television stations which have an aggregate national audience reach
exceeding 35 percent.
``(b) No Grandfathering.--The Commission shall require any party
(including all parties under common control) that holds licenses for
commercial television broadcast stations in excess of the limitation
contained in subsection (a) to divest itself of such licenses as may be
necessary to come into compliance with such limitation within one year
after the date of enactment of this section.
``(c) Section Not Subject to Forbearance.--Section 10 of this Act
shall not apply to the requirements of this section.
``(d) Definitions.--
``(1) National audience reach.--The term `national audience
reach' means--
``(A) the total number of television households in
the Nielsen Designated Market Area (DMA) markets in
which the relevant stations are located, or as
determined under a successor measure adopted by the
Commission to delineate television markets for purposes
of this section; divided by
``(B) the total national television households as
measured by such DMA data (or such successor measure)
at the time of a grant, transfer, or assignment of a
license.
No market shall be counted more than once in making this
calculation.
``(2) Cognizable interest.--Except as may otherwise be
provided by regulation by the Commission, the term `cognizable
interest' means any partnership or direct ownership interest
and any voting stock interest amounting to 5 percent or more of
the outstanding voting stock of a licensee.''.
(b) Conforming Amendment.--Section 202(c)(1) of the
Telecommunications Act of 1934 (Public Law 104-104; 110 Stat. 111) is
amended--
(1) by striking ``its regulations'' and all that follows
through ``by eliminating'' and inserting ``its regulations (47
C.F.R. 73.3555) by eliminating'';
(2) by striking ``; and'' at the end of subparagraph (A)
and inserting a period; and
(3) by striking subparagraph (B).
SEC. 4. NO GRANDFATHERING.
(a) In General.--Notwithstanding any provision that permits a party
to exceed the caps on local radio ownership established by the Federal
Communications Commission in its media ownership proceeding, no party
shall exceed those caps 1 year after the date of enactment of this Act.
(b) Definitions.--In this section:
(1) In general.--Any term used in this section that is
defined in section 3 of the Communications Act of 1934 (47
U.S.C. 153) has the meaning given that term in that section.
(2) Media ownership proceeding.--The term ``media ownership
proceeding'' means the Federal Communications Commission
proceeding on broadcast media ownership rules (MB Docket No.
02-277, MM Docket No. 01-235, MM Docket No. 01-317, and MM
Docket No. 00-244).
SEC. 5. CLARIFICATION OF CONGRESSIONAL INTENT WITH RESPECT TO OWNERSHIP
RULES REVIEW.
Section 202(h) of the Telecommunications Act of 1996 is amended to
read as follows:
``(h) Further Commission Review.--
``(1) In general.--The Commission shall review its rules
adopted pursuant to this section, and all of its ownership
rules biennially as part of its regulatory reform review under
section 11 of the Communications Act of 1934 and shall
determine whether--
``(A) any rule requires strengthening or
broadening;
``(B) any rule requires limiting or narrowing;
``(C) any rule should be repealed; or
``(D) any rule should be retained.
``(2) Change, repeal, or retain.--The Commission shall
change, repeal, or retain such rules pursuant to its review
under paragraph (1) as it determines to be in the public
interest.''.
SEC. 6. PUBLIC HEARING REQUIREMENT.
Section 202(h) of the Telecommunications Act of 1996 is amended by
adding at the end ``Before making any determination under this
subsection concerning an ownership rule or regulation, the Commission
shall hold no less than 5 public hearings in different areas of the
United States with respect to that rule or regulation.''.
SEC. 7. RESTORATION OF CROSS-OWNERSHIP RULES.
(a) In General.--The cross-media limits rule adopted by the Federal
Communications Commission on June 2, 2003 pursuant to its proceeding on
broadcast media ownership rules (MB Docket No. 02-277, MM Docket No.
01-235, MM Docket No. 01-317, and MM Docket No. 00-244) is hereby
declared null and void. The rules pertaining to broadcast-newspaper and
radio-television cross-ownership in effect on June 1, 2003 are hereby
reinstated as they were in effect on June 1, 2003, and shall be applied
by the Commission retroactively to June 2, 2003.
(b) Rural State Exemption.--Notwithstanding anything to the
contrary under the Commission's broadcast-newspaper cross-ownership
rules, in a small market with a Designated Market Area of 150 or
higher, the public utility commission of the State or States in which
such market is located may recommend, on a case-by-case basis, that the
Commission grant a waiver of such cross-ownership rules if the public
utility commission finds that the proposed transaction for which the
waiver is required will enhance local news and information, promote the
financial stability of a newspaper, radio station, or television
station, or otherwise promote the public interest. The Commission may
approve such recommendation within 60 days after the Commission
receives it unless there is compelling evidence that the transaction to
which the recommendation relates would be contrary to the public
interest. If the Commission grants the recommended waiver each
newspaper, radio station, and television station covered by the waiver
shall maintain a separate editorial board and the editorial views of
each of those boards shall be broadcast or printed, as the case may be,
whenever the editorial views of one of the other boards are broadcast
or printed. | Preservation of Localism, Program Diversity, and Competition in Television Broadcast Service Act of 2003 - (Sec. 3) Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from permitting any license for a commercial television broadcast station to be granted, transferred, or assigned to any party if such action would result in that party owning, operating, controlling, or having a cognizable interest in stations which have an aggregate national audience reach exceeding 35 percent. Requires any party currently having licenses in excess of such limit to divest as necessary to comply with such limit within one year.
(Sec. 4) Prohibits any party, after one year after the enactment of this Act, from exceeding the caps on local radio ownership established by the FCC in its media ownership proceeding.
(Sec. 5) Amends the Telecommunications Act of 1996 to require the FCC: (1) to biennially review its broadcast media ownership rules (current law) and to change, repeal, or retain such rules, as appropriate; and (2) before changing, repealing, or retaining a rule, to hold at least five public hearings in different areas of the United States.
(Sec. 7) Declares null and void the cross-media limits rule adopted by the FCC on June 2, 2003. Reinstates the previous rules pertaining to broadcast-newspaper and radio-television cross-ownership, to be applied retroactively to such date.
Allows the public utility commission of a State of a small (rural) market with a Designated Market Area of 150 or higher to recommend, on a case-by-case basis, that the FCC grant a waiver of its cross-ownership rules if the public utility commission finds that the proposed transaction for which the waiver is required will enhance local news and information, promote the financial stability of a newspaper, radio station, or television station, or otherwise promote the public interest. Authorizes the FCC to approve such recommendation within 60 days unless there is compelling evidence that the related transaction would be contrary to the public interest. | {"src": "billsum_train", "title": "A bill to amend the Communications Act of 1934 to preserve localism, to foster and promote the diversity of television programming, to foster and promote competition, and to prevent excessive concentration of ownership of the nation's television broadcast stations."} | 2,372 | 466 | 0.503203 | 1.668327 | 0.77983 | 5.298246 | 5.483709 | 0.937343 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``The First Tee in Character Education Act
of 2007''.
SEC. 2. FIRST TEE LIFE SKILLS PROGRAM.
Subpart 3 of part D of title V of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7247) is amended by adding at the end
the following:
``SEC. 5432. FIRST TEE LIFE SKILLS PROGRAM.
``(a) Grants Authorized.--
``(1) General authority.--In accordance with this section,
the Secretary may make grants to eligible entities to design
and implement youth development programs for the purpose of
carrying out efforts to impact the lives of young people of all
backgrounds by giving an opportunity to develop life-enhancing
values such as confidence, perseverance, and judgment through
sports such as golf and character education by providing
learning facilities and educational programs.
``(2) Eligible entity.--In this section, the term `eligible
entity' means--
``(A) a State educational agency;
``(B) a local educational agency or consortium of
local educational agencies;
``(C) a nonprofit organization or entity, including
an institution of higher education; or
``(D) a local educational agency in partnership
with one or more entities described in subparagraph
(C).
``(3) Special consideration.--In awarding grants under this
section, the Secretary shall give special consideration to
applications from eligible entities that enhance and expand the
delivery of--
``(A) a Life Skills Experience Program, to enable
children to learn valuable lessons about--
``(i) the importance of maintaining a
positive attitude;
``(ii) how to make decisions by thinking
about the possible consequences; and
``(iii) how to define and set goals from
the golf course to everyday life;
``(B) a National School Program, to establish a
lifelong interest in golf by engaging children in a
structured golf curriculum taught during physical
education classes, while positively impacting their
lives and helping to ensure the vitality of the game;
and
``(C) such other initiatives as the Secretary finds
appropriate to expand access to the First Tee program
by minorities and historically underrepresented
populations.
``(4) Equitable distribution.--In awarding grants under
this section, the Secretary shall ensure an equitable
geographic distribution among the regions of the United States
and among eligible entities located in urban, rural, and
suburban areas.
``(5) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
``(b) Contracts Under Program.--
``(1) Evaluation.--An eligible entity receiving assistance
under this section may contract with outside sources, including
institutions of higher education and private and nonprofit
organizations, for the purposes of--
``(A) evaluating the program for which the
assistance is made available;
``(B) measuring the integration of such program
into the curriculum and teaching methods of schools
where the program is carried out; and
``(C) measuring the success of such program in
fostering the elements of character selected by the
recipient.
``(2) Materials and program development.--An eligible
entity may contract with outside sources, including
institutions of higher education and private and nonprofit
organizations, for assistance in--
``(A) developing curricula, materials, teacher
training, and other activities related to character
education; and
``(B) integrating character education into the
curricula and teaching methods of schools where the
program is carried out.
``(c) Use of Funds by Recipients.--Of the total funds received in
any fiscal year under this section by an eligible entity--
``(1) not more than 3 percent of such funds may be used for
administrative purposes; and
``(2) the remainder of such funds may be used for--
``(A) the preparation or purchase of materials, and
teacher training;
``(B) providing assistance to local educational
agencies, schools, non-profits, or institutions of
higher education; and
``(C) technical assistance and evaluation.
``(d) Application.--
``(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
``(2) Required information.--Each application for a grant
under this section shall include (together with any other
information that the Secretary may require) information that--
``(A) describes any partnerships or collaborative
efforts among the organizations and entities of the
eligible entity;
``(B) describes the activities that will be carried
out with the grant funds, including--
``(i) how parents, students, students with
disabilities (including those with mental or
physical disabilities), and other members of
the community, including members of private and
nonprofit organizations, will be involved in
the design and implementation of the program
and how the eligible entity will work with the
larger community to increase the reach and
promise of the program;
``(ii) curriculum and instructional
practices that will be used or developed; and
``(iii) methods of teacher training and
parent education that will be used or
developed;
``(C) in the case of an eligible entity that is a
State educational agency, describes how the State
educational agency--
``(i) will provide technical and
professional assistance to its local
educational agency partners in the development
and implementation of character education
programs; and
``(ii) will assist other interested local
educational agencies that are not members of
the original partnership in designing and
establishing character education programs;
``(D) describes how the eligible entity will
evaluate the success of its program based on the
objectives described in subsection (a); and
``(E) assures that the eligible entity annually
will provide to the Secretary such information as may
be required to determine the effectiveness of the
program.
``(e) Selection of Recipients.--
``(1) Selection criteria.--Selection of an eligible entity
shall be made on the basis of the quality of the application
submitted, taking into consideration such factors as--
``(A) the extent to which the program fosters
character in students and the potential for improved
student academic achievement;
``(B) the extent and ongoing nature of parental,
student, and community involvement;
``(C) the quality of the plan for measuring and
assessing success; and
``(D) the likelihood that the objectives of the
program will be achieved.
``(f) Participation by Private School Children and Teachers.--Each
eligible entity that receives a grant under this section shall provide,
to the extent feasible and appropriate, for the participation in
programs and activities under this section of students and teachers in
private elementary schools and secondary schools.
``(g) Reporting and Evaluation.--Each eligible entity receiving a
grant under this section shall submit to the Secretary two reports
containing a comprehensive evaluation of the program under this
section. The first report shall be submitted not later than the end of
the second year of the program, and the second report shall be
submitted not later than one year after the completion of the grant
period. Each report shall--
``(1) describe the progress in delivering the programs
described in subsection (a)(3);
``(2) describe the research, development, dissemination,
evaluation, and technical assistance carried out under this
section; and
``(3) describe its impact on students, students with
disabilities (including those with mental or physical
disabilities), teachers, administrators, parents, and
others.''. | The First Tee in Character Education Act of 2007 - Amend the Elementary and Secondary Education Act of 1965 to establish a First Tee Life Skills program authorizing the Secretary of Education to award grants to states, local educational agencies (LEAs), nonprofit organizations, or partnerships of LEAs and such entities for youth development programs that give youth the opportunity to develop life-enhancing values though their participation in sports, such as golf.
Directs grantees to provide, to the extent feasible and appropriate, for the participation of private elementary and secondary school teachers and students in program activities. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to establish the First Tee Life Skills Program."} | 1,629 | 120 | 0.601071 | 1.676647 | 0.594758 | 3.293578 | 14.954128 | 0.926606 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine for Regulatory Decrees and
Settlements Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``agency'' and ``agency action'' have the
meanings given those terms under section 551 of title 5, United
States Code;
(2) the term ``covered civil action'' means a civil
action--
(A) seeking to compel agency action;
(B) alleging that the agency is unlawfully
withholding or unreasonably delaying an agency action
relating to a regulatory action that would affect the
rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or tribal government;
and
(C) brought under--
(i) chapter 7 of title 5, United States
Code; or
(ii) any other statute authorizing such an
action; and
(3) the term ``covered settlement agreement'' means--
(A) a consent decree or settlement agreement
entered into in a covered civil action; and
(B) any other consent decree or settlement
agreement that requires agency action relating to a
regulatory action that affects the rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or tribal government.
SEC. 3. CONSENT DECREE AND SETTLEMENT REFORM.
(a) Pleadings and Preliminary Matters.--In any covered civil
action--
(1) the agency against which the covered civil action is
brought shall publish the complaint in a readily accessible
manner, including by making the complaint available online; and
(2) a party may not make a motion for entry of a consent
decree or to dismiss the covered civil action pursuant to a
settlement agreement until after the end of the period during
which a person may intervene.
(b) Intervention.--
(1) Rebuttable presumption.--In considering a motion to
intervene in a covered civil action by a person who alleges
that the agency action in dispute would affect the person, the
court shall presume, subject to rebuttal, that the interests of
the person would not be represented adequately by the existing
parties to the covered civil action.
(2) State, local, and tribal governments.--In considering a
motion to intervene in a covered civil action by a State,
local, or tribal government, the court shall take due account
of whether the movant--
(A) administers jointly with an agency that is a
defendant in the covered civil action the statutory
provisions that give rise to the regulatory action to
which the covered civil action relates; or
(B) administers an authority under State, local, or
tribal law that would be preempted by the regulatory
action to which the covered civil action relates.
(c) Settlement Negotiations.--Efforts to settle a covered civil
action shall--
(1) be conducted pursuant to the mediation or alternative
dispute resolution program of the court or by a district judge
other than the presiding judge, magistrate judge, or special
master, as determined appropriate by the presiding judge; and
(2) include any party that intervenes in the covered civil
action.
(d) Publication of and Comment on Covered Settlement Agreements.--
(1) In general.--Not later than 60 days before the date on
which a covered settlement agreement is filed with a court, the
agency seeking to enter the covered settlement agreement shall
publish in the Federal Register and online--
(A) the proposed covered settlement agreement; and
(B) a statement providing--
(i) the statutory basis for the covered
settlement agreement; and
(ii) a description of the terms of the
covered settlement agreement, including whether
it provides for the award of attorneys' fees or
costs and, if so, the basis for including the
award.
(2) Public comment.--
(A) In general.--An agency seeking to enter a
covered settlement agreement shall accept public
comment during the period described in paragraph (1) on
any issue relating to the matters alleged in the
complaint in the covered civil action or addressed or
affected by the proposed covered settlement agreement.
(B) Response to comments.--An agency shall respond
to any comment received under subparagraph (A).
(C) Submissions to court.--When moving that the
court enter a proposed covered settlement agreement or
for dismissal pursuant to a proposed covered settlement
agreement, an agency shall--
(i) inform the court of the statutory basis
for the proposed covered settlement agreement
and its terms;
(ii) submit to the court a summary of the
comments received under subparagraph (A) and
the response of the agency to the comments;
(iii) submit to the court a certified index
of the administrative record of the notice and
comment proceeding; and
(iv) make the administrative record
described in clause (iii) fully accessible to
the court.
(D) Inclusion in record.--The court shall include
in the court record for a civil action the certified
index of the administrative record submitted by an
agency under subparagraph (C)(iii).
(3) Public hearings permitted.--
(A) In general.--After providing notice in the
Federal Register and online, an agency may hold a
public hearing regarding whether to enter into a
proposed covered settlement agreement.
(B) Record.--If an agency holds a public hearing
under subparagraph (A)--
(i) the agency shall--
(I) submit to the court a summary
of the proceedings;
(II) submit to the court a
certified index of the hearing record;
and
(III) provide access to the hearing
record to the court; and
(ii) the full hearing record shall be
included in the court record.
(4) Mandatory deadlines.--If a proposed covered settlement
agreement requires an agency action by a date certain, the
agency shall, when moving for entry of the covered settlement
agreement or dismissal based on the covered settlement
agreement, inform the court of--
(A) any required regulatory action the agency has
not taken that the covered settlement agreement does
not address;
(B) how the covered settlement agreement, if
approved, would affect the discharge of the duties
described in subparagraph (A); and
(C) why the effects of the covered settlement
agreement on the manner in which the agency discharges
its duties is in the public interest.
(e) Submission by the Government.--
(1) In general.--For any proposed covered settlement
agreement that contains a term described in paragraph (2), the
Attorney General or, if the matter is being litigated
independently by an agency, the head of the agency shall submit
to the court a certification that the Attorney General or head
of the agency approves the proposed covered settlement
agreement. The Attorney General or head of the agency shall
personally sign any certification submitted under this
paragraph.
(2) Terms.--A term described in this paragraph is--
(A) in the case of a consent decree, a term that--
(i) converts into a duty a discretionary
authority of an agency to propose, promulgate,
revise, or amend regulations;
(ii) commits an agency to expend funds that
have not been appropriated and that have not
been budgeted for the civil action in question;
(iii) commits an agency to seek a
particular appropriation or budget
authorization;
(iv) divests an agency of discretion
committed to the agency by statute or the
Constitution of the United States, without
regard to whether the discretion was granted to
respond to changing circumstances, to make
policy or managerial choices, or to protect the
rights of third parties; or
(v) otherwise affords relief that the court
could not enter under its own authority upon a
final judgment in the civil action; or
(B) in the case of a covered settlement agreement
other than a consent decree, a term that--
(i) interferes with the authority of an
agency to revise, amend, or issue rules under
the procedures under chapter 5 of title 5,
United States Code, or any other statute or
Executive order prescribing rulemaking
procedures for a rulemaking that is the subject
of the covered settlement agreement;
(ii) commits the agency to expend funds
that have not been appropriated and that have
not been budgeted for the civil action in
question; or
(iii) for a covered settlement agreement
that commits the agency to exercise in a
particular way discretion which was committed
to the agency by statute or the Constitution of
the United States to respond to changing
circumstances, to make policy or managerial
choices, or to protect the rights of third
parties, provides a remedy for a failure by the
agency to comply with the terms of the covered
settlement agreement other than the revival of
the civil action resolved by the covered
settlement agreement.
(f) Review by Court.--
(1) Amicus.--A court considering a proposed covered
settlement agreement shall presume, subject to rebuttal, that
it is proper to allow amicus participation relating to the
covered settlement agreement by any person who filed public
comments on the covered settlement agreement under subsection
(d)(2).
(2) Review of deadlines.--
(A) Proposed consent decrees.--For a proposed
covered settlement agreement that is a consent decree,
a court shall not approve the covered settlement
agreement unless the proposed covered settlement
agreement allows sufficient time and incorporates
adequate procedures for the agency to comply with
chapter 5 of title 5, United States Code, and other
applicable statutes that govern rulemaking and, unless
contrary to the public interest, the provisions of any
Executive order that governs rulemaking.
(B) Other settlement agreements.--For a proposed
covered settlement agreement other than a consent
decree, a court shall ensure that the covered
settlement agreement allows sufficient time and
incorporates adequate procedures for the agency to
comply with chapter 5 of title 5, United States Code,
and other applicable statutes that govern rulemaking
and, unless contrary to the public interest, the
provisions of any Executive order that governs
rulemaking.
(g) Annual Reports.--Each agency shall submit to Congress an annual
report that, for the year covered by the report, includes--
(1) the number, identity, and content of covered civil
actions brought against and covered settlement agreements
entered by the agency; and
(2) a description of the statutory basis for--
(A) each covered settlement agreement entered by
the agency; and
(B) any award of attorneys fees or costs in a civil
action resolved by a covered settlement agreement
entered by the agency.
SEC. 4. MOTIONS TO MODIFY CONSENT DECREES.
If an agency moves a court to modify a covered settlement agreement
and the basis of the motion is that the terms of the covered settlement
agreement are no longer fully in the public interest due to the
obligations of the agency to fulfill other duties or due to changed
facts and circumstances, the court shall review the motion and the
covered settlement agreement de novo.
SEC. 5. EFFECTIVE DATE.
This Act shall apply to--
(1) any covered civil action filed on or after the date of
enactment of this Act; and
(2) any covered settlement agreement proposed to a court on
or after the date of enactment of this Act. | Sunshine for Regulatory Decrees and Settlements Act of 2012 - Defines a "covered civil action" as a civil action seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect: (1) the rights of private persons other than the person bringing the action; or (2) a state, local, or tribal government. Defines a "covered settlement agreement" as: (1) a consent decree or settlement agreement entered into a covered civil action, and (2) any other consent decree or settlement agreement that requires agency action relating to such a regulatory action.
Requires an agency against which a covered civil action is brought to publish the complaint in a readily accessible manner and to provide interested parties an opportunity to intervene and to conduct settlement negotiations through mediation.
Requires an agency seeking to enter a covered settlement agreement to publish such agreement in the Federal Register and online not later than 60 days before it is filed with the court. Provides for public comment and public hearings on such agreement.
Requires the Attorney General or an agency head, if an agency is litigating a matter independently, to certify to the court that the Attorney General or the agency head approves of any proposed covered settlement agreement that includes terms that: (1) convert into a duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations; (2) commit an agency to expend funds that have not been appropriated and budgeted; (3) commit an agency to seek a particular appropriation or budget authorization; (4) divest an agency of discretion committed to it by statute or the Constitution; or (5) otherwise afford any relief that the court could not enter under its own authority.
Requires a court to grant de novo review of a covered settlement agreement if an agency files a motion to modify such agreement on the basis that its terms are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances. | {"src": "billsum_train", "title": "A bill to impose certain limitations on consent decrees and settlement agreements by agencies that require the agencies to take regulatory action in accordance with the terms thereof, and for other purposes."} | 2,458 | 456 | 0.667466 | 2.34926 | 0.921771 | 3.9 | 5.82 | 0.935 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Article V Records Transparency Act
of 2017''.
SEC. 2. COMPILATION AND TRANSMISSION TO CONGRESS OF APPLICATIONS AND
RESCISSIONS OF APPLICATIONS TO CALL A CONVENTION FOR
PROPOSING AMENDMENTS TO THE CONSTITUTION AND RESCISSIONS
OF THOSE APPLICATIONS.
(a) Compilation and Transmission.--The Archivist of the United
States (hereinafter in this Act referred to as the ``Archivist'')
shall, in accordance with this Act--
(1) make an organized compilation, to the extent feasible,
of all applications and rescissions of applications, ever made
by States under article V of the Constitution, to call a
convention for proposing amendments to the Constitution; and
(2) transmit to Congress and transmit to the chairmen of
the Committees on the Judiciary of the House of Representatives
and Senate that compilation, together with both physical and
electronic copies of each such application and rescission.
(b) Sources for Compilation.--In complying with subsection (a) the
Archivist shall use the records contained in the National Archive and
Records Administration, and take other appropriate action, including
using outside resources, to obtain an official copy of any application
or rescission that may not be in such records.
(c) Timing of Transmittal.--The Archivist shall transmit the
compilation, containing all the known applications or rescissions
according to the following schedule:
----------------------------------------------------------------------------------------------------------------
Year After Enactment Applications and Rescissions Required to be Submitted
----------------------------------------------------------------------------------------------------------------
1 Year after enactment....................... Applications and rescissions 1970 and later
----------------------------------------------------------------------------------------------------------------
2 Years after enactment...................... Applications and rescissions 1920 through 1969
----------------------------------------------------------------------------------------------------------------
3 Years after enactment...................... Applications and rescissions 1870 through 1919
----------------------------------------------------------------------------------------------------------------
4 Years after enactment...................... Applications and rescissions 1820 through 1869
----------------------------------------------------------------------------------------------------------------
5 Years after enactment..................... Applications and rescissions before 1820
----------------------------------------------------------------------------------------------------------------
(d) Report on Extent of Missing Applications or Rescissions.--The
Archivist shall submit to Congress a report detailing the extent of
suspected missing applications or rescissions not included in each
compilation under subsection (c), to accompany each transmittal
required under subsection (c).
(e) Cataloging Applications.--The Archivist shall, in compiling the
applications and rescissions, catalog them by year of submission and
State, and include that information in the material transmitted to
Congress.
(f) Savings Clause.--Nothing contained within the transmittal
required under subsection (a) or in the report required by subsection
(b) shall be considered an official source or designation of valid
state applications and rescissions under article V of the Constitution.
SEC. 3. DUTIES OF THE COMMITTEES ON THE JUDICIARY.
(a) Designation of Applications and Rescissions.--Upon receipt by
Congress of the compilation described in section 2(a), the respective
committees on the judiciary in each House of Congress shall designate
the applications and rescissions contained in such compilation for
public availability on a publicly accessible website not later than 6
months after receiving such compilation as required under section 2(c).
(b) Continuing Designations of Applications and Rescissions.--The
respective committees on the judiciary in each House of Congress shall
update the compilation in the public websites maintained by them under
subsection (a) by designating the receipt of any application or
rescission submitted under article V of the Constitution to call a
convention for proposing amendments to the Constitution that--
(1) was not included in the initial compilation as
transmitted under section 2; and
(2) is a new application or rescission or otherwise comes
to the attention of the committee.
SEC. 4. RECOMMENDED PROCEDURES FOR TRANSMISSION OF APPLICATIONS AND
RESCISSIONS.
The Congress recommends the following procedures to make uniform
and simplify the process by which State legislatures make an
application, or a rescission of an application, under article V of the
Constitution to call a convention for proposing amendments to the
Constitution:
(1) Officers to transmit and receive applications.--After
the adoption by the legislature of a State of an application or
rescission, the secretary of state of the State, or if there be
no such officer, the person who is charged by the State law
with such function, should submit to Congress at least two
copies of the resolution or other measure containing the
application or rescission, one copy addressed to the President
of the Senate, and one copy to the Speaker of the House of
Representatives.
(2) Contents of resolution or measure.--Each copy of the
resolution or measure should contain--
(A) its exact text, with the authenticating
signature of the relevant officer of the legislature;
and
(B) the date on which the legislature adopted the
resolution or measure.
(3) Other forms of application or recision.--If a State
submits an application or rescission in a manner that is
inconsistent with this section, and the application or
rescission does not have an authenticating signature of a
member of the respective states legislature, the Clerk of the
House or the Secretary of the Senate shall confirm the
authenticity of the application or rescission through a search
of public records. If unable to confirm through a public
records search, the Clerk of the House or Secretary of the
Senate shall notify the appropriate State official and request
a letter from that State official, with the authenticating
signature of that State official, confirming the application or
rescission's authenticity.
(4) Noncompliance with the recommendations of this section
not a basis for congress to refuse to accept an application or
rescission.--The failure of a State legislature to comply with
any of the procedures recommended in this section is not a
basis for a refusal by Congress to accept or count an
application or rescission.
SEC. 5. SAVINGS CLAUSE.
Nothing in this Act shall be interpreted to expand in any way the
specific, limited duties assigned to Congress under article V of the
Constitution.
SEC. 6. DEFINITIONS.
In this Act--
(1) the terms ``transmit to Congress'' and ``submit to
Congress'' mean transmission or submission, as the case may be,
to the Speaker of the House of Representatives, the President
of the Senate;
(2) the term ``application'' means any resolution or other
measure, agreed upon by a State legislature, that purports to
be a request to Congress to call a convention pursuant to
article V of the Constitution; and
(3) the term ``rescission'' means any resolution or other
measure, agreed upon by a State legislature, that purports to
make null and void an application previously submitted by the
State legislature.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS..
(a) For Carrying Out This Act.--There are authorized to be
appropriated to the National Historical Publications and Records
Commission $2,000,000 for the purposes of carrying out this act for
each of the fiscal years 2018 through 2023.
(b) Historical Record Grant Program.--Section 2504(g)(1) of title
44, United States Code, is amended by adding at the end the following:
``(T) $3,000,000 for each of the fiscal years 2018 through
2023.''. | Article V Records Transparency Act of 2017 This bill directs the National Archives and Records Administration (NARA) to make and transmit to Congress an organized compilation of all applications and rescissions of applications ever made by states under article V of the Constitution to call a convention for proposing constitutional amendments. NARA must: (1) use NARA records and outside sources to obtain an official copy of any application or rescission that may not be in such records, (2) submit a report on the extent of suspected missing applications or rescissions not included in each compilation, and (3) catalog the applications and rescissions by year of submission and state. The committees on the judiciary in each chamber shall designate the applications and rescissions contained in such compilation for public availability on a website and update the compilation as specified. In order to simplify and make uniform the process by which state legislatures make such an application or rescission, Congress recommends that after adoption of an application or rescission by a state legislature, the secretary of state or other state official should submit at least two copies of the measure containing the application or rescission to Congress, one copy addressed to the President of the Senate and one copy to the Speaker of the House of Representatives. | {"src": "billsum_train", "title": "Article V Records Transparency Act of 2017"} | 1,961 | 283 | 0.675136 | 1.882031 | 0.744031 | 4.425532 | 6.051064 | 0.953191 |
SECTION 1. CREDIT FOR BUSINESS INSTALLATION OF QUALIFIED FUEL CELLS.
(a) In General.--Section 48(a)(3)(A) of the Internal Revenue Code
of 1986 (defining energy property) is amended by striking ``or'' at the
end of clause (i), by adding ``or'' at the end of clause (ii), and by
inserting after clause (ii) the following new clause:
``(iii) qualified fuel cell property,''.
(b) Qualified Fuel Cell Property.--Section 48 of such Code
(relating to energy credit) is amended by adding at the end the
following new subsection:
``(c) Qualified Fuel Cell Property.--For purposes of subsection
(a)(3)(A)(iii)--
``(1) In general.--The term `qualified fuel cell property'
means a fuel cell power plant which generates at least 0.5
kilowatt of electricity using an electrochemical process.
``(2) Limitation.--The energy credit with respect to any
qualified fuel cell property shall not exceed an amount equal
to $500 for each 0.5 kilowatt of capacity of such property.
``(3) Fuel cell power plant.--The term `fuel cell power
plant' means an integrated system, comprised of a fuel cell
stack assembly and associated balance of plant components,
which converts a fuel into electricity using electrochemical
means.
``(4) Termination.--The term `qualified fuel cell property'
shall not include any property placed in service after December
31, 2009.''.
(c) Energy Percentage.--Subparagraph (A) of section 48(a)(2) of
such Code (relating to energy percentage) is amended to read as
follows:
``(A) In general.--The energy percentage is--
``(i) in the case of qualified fuel cell
property, 30 percent, and
``(ii) in the case of any other energy
property, 10 percent.''.
(d) Conforming Amendment.--Section 48(a)(1) of such Code is amended
by inserting ``except as provided in subsection (c)(2),'' before ``the
energy''.
(e) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 2004, under rules similar to the
rules of section 48(m) of the Internal Revenue Code of 1986 (as in
effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990).
SEC. 2. CREDIT FOR NONBUSINESS INSTALLATION OF QUALIFIED FUEL CELLS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. NONBUSINESS INSTALLATION OF QUALIFIED FUEL CELLS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the sum of 30 percent of the
qualified fuel cell property expenditures made by the taxpayer during
such year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed under subsection
(a) shall not exceed $500 for each 0.5 kilowatt of capacity of
qualified fuel cell property.
``(2) Property standards.--No credit shall be allowed under
this section for an item of property unless--
``(A) the original use of such property commences
with the taxpayer,
``(B) such property reasonably can be expected to
remain in use for at least 5 years,
``(C) such property is installed on or in
connection with a dwelling unit located in the United
States and used as a residence by the taxpayer,
``(D) such property meets the performance and
quality standards (if any) which have been prescribed
by the Secretary by regulations (after consultation
with the Secretary of Energy), and
``(E) such property meets appropriate fire and
electric code requirements.
``(c) Qualified Fuel Cell Property Expenditure.--For purposes of
this section, the term `qualified fuel cell property expenditure' means
an expenditure for any qualified fuel cell property (as defined in
section 48(c)(1)).
``(d) Special Rules.--For purposes of this section--
``(1) Dollar amounts in case of joint occupancy.--In the
case of any dwelling unit which is jointly occupied and used
during any calendar year as a residence by 2 or more
individuals, the following rules shall apply:
``(A) The amount of the credit allowable under
subsection (a) by reason of expenditures made during
such calendar year by any of such individuals with
respect to such dwelling unit shall be determined by
treating all of such individuals as 1 taxpayer whose
taxable year is such calendar year.
``(B) There shall be allowable, with respect to
such expenditures to each of such individuals, a credit
under subsection (a) for the taxable year in which such
calendar year ends in an amount which bears the same
ratio to the amount determined under subparagraph (A)
as the amount of such expenditures made by such
individual during such calendar year bears to the
aggregate of such expenditures made by all of such
individuals during such calendar year.
``(2) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
individual shall be treated as having made the individual's
tenant-stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures of such corporation.
``(3) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which the individual
owns, such individual shall be treated as having made
the individual's proportionate share of any
expenditures of such association.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with
respect to a condominium project substantially all of
the units of which are used as residences.
``(4) Allocation in certain cases.--If less than 80 percent
of the use of an item is for nonbusiness purposes, only that
portion of the expenditures for such item which is properly
allocable to use for nonbusiness purposes shall be taken into
account.
``(5) When expenditure made; amount of expenditure.--
``(A) In general.--Except as provided in
subparagraph (B), an expenditure with respect to an
item shall be treated as made when the original
installation of the item is completed.
``(B) Expenditures part of building construction.--
In the case of an expenditure in connection with the
construction or reconstruction of a structure, such
expenditure shall be treated as made when the original
use of the constructed or reconstructed structure by
the taxpayer begins.
``(C) Amount.--The amount of any expenditure shall
be the cost thereof.
``(6) Property financed by subsidized energy financing.--
For purposes of determining the amount of expenditures made by
any individual with respect to any dwelling unit, there shall
not be taken into account expenditures which are made from
subsidized energy financing (as defined in section
48(a)(4)(C)).
``(e) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so allowed.
``(f) Termination.--The credit allowed under this section shall not
apply to taxable years beginning after December 31, 2009.''.
(b) Conforming Amendments.--
(1) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (30), by striking the period at
the end of paragraph (31) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(32) to the extent provided in section 25C(e), in the
case of amounts with respect to which a credit has been allowed
under section 25C.''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25B the following new item:
``Sec. 25C. Nonbusiness installation of qualified fuel cells.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2004. | Amends the Internal Revenue Code to allow a tax credit for qualified fuel cell property. Limits the amount of such credit to 30 percent (10 percent for other energy property) of the basis of such fuel cell property up to a maximum of $500 for each 0.5 kilowatt of capacity of such property. Defines "qualified fuel cell property" as a fuel cell power plant which generates at least 0.5 kilowatt of electricity using an electrochemical process.
Allows a similar tax credit for the installation of qualified fuel cell property in a principal residence. Terminates both tax credits after December 31, 2009. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy-efficient property."} | 2,016 | 133 | 0.675852 | 1.743075 | 0.645763 | 4.371681 | 15.964602 | 0.902655 |
SECTION 1. DISALLOWANCE OF DEDUCTION FOR EXCESS NON-TAXED REINSURANCE
PREMIUMS PAID TO AFFILIATES.
(a) In General.--Subsection (b) of section 832 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(9) Limitation on deduction for excess non-taxed
reinsurance premiums paid to affiliates.--
``(A) In general.--No deduction shall be allowed
under paragraph (4) for so much of the affiliated non-
taxed reinsurance premiums paid by a covered insurance
company during the taxable year as exceeds the sum of--
``(i) the premium limitation for such
taxable year, plus
``(ii) the qualified ceding commissions
with respect to such premiums.
``(B) Affiliated non-taxed reinsurance premiums.--
For purposes of this paragraph--
``(i) In general.--The term `affiliated
non-taxed reinsurance premium' means any
reinsurance premium paid directly or indirectly
to an affiliated corporation if, with respect
to such affiliated corporation, such premium is
neither subpart F income (as defined in section
952) nor subject to tax under this subtitle.
``(ii) Netting of premiums paid to covered
insurance company by affiliates.--The amount of
premiums which would (but for this clause) be
treated as affiliated non-taxed reinsurance
premiums with respect to any affiliated
corporation for any taxable year shall be
reduced (but not below zero) by any reinsurance
premiums paid directly or indirectly to the
covered insurance company by such affiliated
corporation during such taxable year.
``(iii) Premiums treated as non-taxed to
extent of treaty reduction.--Rules similar to
the rules of section 163(j)(5)(B) shall apply
for purposes of determining the extent to which
tax is imposed by this subtitle with respect to
any premium.
``(C) Premium limitation.--For purposes of this
paragraph--
``(i) In general.--The term `premium
limitation' means, with respect to any covered
insurance company for any taxable year, the
excess of--
``(I) the product of the gross
premiums written by such covered
insurance company on insurance
contracts during the taxable year
multiplied by the industry fraction for
such taxable year, over
``(II) the aggregate reinsurance
premiums paid by such covered insurance
company during the taxable year which
are not affiliated non-taxed
reinsurance premiums.
Such limitation shall not be less than zero.
``(ii) Industry fraction.--In the case of
any taxable year beginning in a calendar year,
the term `industry fraction' means the
fraction, determined by the Secretary on the
basis of published aggregate data from annual
statements of insurance companies--
``(I) the numerator of which is the
aggregate reinsurance premiums paid by
covered insurance companies to non-
affiliated corporations during the
second preceding calendar year, and
``(II) the denominator of which is
the aggregate gross premiums written by
covered insurance companies during such
second preceding calendar year.
``(iii) Separate application to each line
of business.--With respect to each line of
business--
``(I) the Secretary shall determine
a separate industry fraction with
respect to each such line of business,
and
``(II) subparagraph (A) shall be
applied separately to each such line of
business by taking into account the
industry fraction determined with
respect to such line of business.
``(D) Qualified ceding commission.--For purposes of
this paragraph, the term `qualified ceding commission'
means, with respect to the affiliated non-taxed
reinsurance premiums paid by a covered insurance
company during any taxable year, the product of--
``(i) the ceding commissions which are paid
to such company with respect to such premiums
and which are included in income of such
company, multiplied by
``(ii) a fraction--
``(I) the numerator of which is so
much of such premiums as exceeds the
premium limitation for such taxable
year, and
``(II) the denominator of which is
the aggregate amount of such premiums.
``(E) Election to treat reinsurance income as
effectively connected.--
``(i) In general.--A specified affiliated
corporation may elect for any taxable year--
``(I) to treat specified
reinsurance income as income
effectively connected with the conduct
of a trade or business in the United
States, and
``(II) to be treated as carrying on
an insurance business within the United
States.
``(ii) Specified affiliated corporation.--
For purposes of this subparagraph, the term
`specified affiliated corporation' means any
affiliated corporation which--
``(I) is a foreign corporation
which would qualify under part I or
this part for the taxable year if it
were a domestic corporation,
``(II) waives all benefits granted
by the United States under any treaty
between the United States and any
foreign country with respect to
specified reinsurance income with
respect to which the election under
clause (i) applies, and
``(III) meets such requirements as
the Secretary shall prescribe to ensure
that tax on such income is properly
determined and paid.
``(iii) Specified reinsurance income.--For
purposes of this subparagraph, the term
`specified reinsurance income' means, with
respect to any specified affiliated corporation
for any taxable year--
``(I) all reinsurance premiums
which would (but for the election made
under this subparagraph) be affiliated
non-taxed reinsurance premiums and
which are received by such corporation
during such taxable year directly or
indirectly from covered insurance
companies with respect to which such
corporation is affiliated, and
``(II) so much of the net
investment income (within the meaning
of section 842(b)) for such taxable
year as is allocable to reinsurance
premiums with respect to which an
election under clause (i) applies for
such taxable year or any prior taxable
year.
``(iv) Rules related to election.--Any
election under clause (i) shall--
``(I) be made at such time and in
such form and manner as the Secretary
may provide, and
``(II) apply for the taxable year
for which made and all subsequent
taxable years unless revoked with the
consent of the Secretary.
``(F) Other definitions and special rules.--For
purposes of this paragraph--
``(i) Covered insurance company.--The term
`covered insurance company' means any insurance
company subject to the tax imposed by section
831.
``(ii) Treatment of controlled group.--All
domestic members of a controlled group of
corporations (as defined in section 1563) of
which a covered insurance company is a member
shall be treated as one corporation.
``(iii) Affiliated corporations.--A
corporation shall be treated as affiliated with
a covered insurance company if both
corporations are members of the same controlled
group of corporations, as defined in section
1563(a) except that--
``(I) `more than 25 percent' shall
be substituted for `at least 80
percent' each place it appears in
section 1563(a)(1), and
``(II) the determination shall be
made without regard to subsections
(a)(4), (b)(2)(C), (b)(2)(D), and
(e)(3)(C) of section 1563.
``(iv) Treatment of reinsurance assumed by
covered insurance company.--Reinsurance ceded
by a non-affiliated corporation to a covered
insurance company shall be taken into account
in the same manner as premiums written by such
covered insurance company.
``(G) Regulations.--The Secretary shall prescribe
such regulations as may be appropriate to carry out or
to prevent the avoidance of the purposes of this
paragraph, including regulations which provide for the
application of this section to alternative reinsurance
transactions, fronting transactions, conduit and
reciprocal transactions, and any economically
equivalent transactions.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2009. | Amends the Internal Revenue Code to deny a tax deduction for excess reinsurance premiums with respect to U.S. risks paid to affiliated insurance companies that are not subject to U.S. taxation. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to disallow the deduction for excess non-taxed reinsurance premiums with respect to United States risks paid to affiliates."} | 1,892 | 47 | 0.561019 | 1.312467 | 0.530143 | 1.625 | 52.28125 | 0.8125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salt Cedar and Russian Olive Control
Demonstration Act''.
SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CONTROL DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of the Interior (referred to in
this Act as the ``Secretary''), acting through the Commissioner of
Reclamation and the Director of the United States Geological Survey and
in cooperation with the Secretary of Agriculture and the Secretary of
Defense, shall carry out a salt cedar (Tamarix spp) and Russian olive
(Elaeagnus angustifolia) assessment and demonstration program--
(1) to assess the extent of the infestation by salt cedar and
Russian olive trees in the western United States;
(2) to demonstrate strategic solutions for--
(A) the long-term management of salt cedar and Russian
olive trees; and
(B) the reestablishment of native vegetation; and
(3) to assess economic means to dispose of biomass created as a
result of removal of salt cedar and Russian olive trees.
(b) Memorandum of Understanding.--As soon as practicable after the
date of enactment of this Act, the Secretary and the Secretary of
Agriculture shall enter into a memorandum of understanding providing
for the administration of the program established under subsection (a).
(c) Assessment.--
(1) In general.--Not later than 1 year after the date on which
funds are made available to carry out this Act, the Secretary shall
complete an assessment of the extent of salt cedar and Russian
olive infestation on public and private land in the western United
States.
(2) Requirements.--In addition to describing the acreage of and
severity of infestation by salt cedar and Russian olive trees in
the western United States, the assessment shall--
(A) consider existing research on methods to control salt
cedar and Russian olive trees;
(B) consider the feasibility of reducing water consumption
by salt cedar and Russian olive trees;
(C) consider methods of and challenges associated with the
revegetation or restoration of infested land; and
(D) estimate the costs of destruction of salt cedar and
Russian olive trees, related biomass removal, and revegetation
or restoration and maintenance of the infested land.
(3) Report.--
(A) In general.--The Secretary shall submit to the
Committee on Energy and Natural Resources and the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Resources and the Committee on Agriculture of the
House of Representatives a report that includes the results of
the assessment conducted under paragraph (1).
(B) Contents.--The report submitted under subparagraph (A)
shall identify--
(i) long-term management and funding strategies
identified under subsection (d) that could be implemented
by Federal, State, tribal, and private land managers and
owners to address the infestation by salt cedar and Russian
olive;
(ii) any deficiencies in the assessment or areas for
additional study; and
(iii) any field demonstrations that would be useful in
the effort to control salt cedar and Russian olive.
(d) Long-Term Management Strategies.--
(1) In general.--The Secretary shall identify and document
long-term management and funding strategies that--
(A) could be implemented by Federal, State, tribal, and
private land managers in addressing infestation by salt cedar
and Russian olive trees; and
(B) should be tested as components of demonstration
projects under subsection (e).
(2) Grants.--
(A) In general.--The Secretary may provide grants to
eligible entities to provide technical experience, support, and
recommendations relating to the identification and
documentation of long-term management and funding strategies
under paragraph (1).
(B) Eligible entities.--Institutions of higher education
and nonprofit organizations with an established background and
expertise in the public policy issues associated with the
control of salt cedar and Russian olive trees shall be eligible
for a grant under subparagraph (A).
(C) Minimum amount.--The amount of a grant provided under
subparagraph (A) shall be not less than $250,000.
(e) Demonstration Projects.--
(1) In general.--Not later than 180 days after the date on
which funds are made available to carry out this Act, the Secretary
shall establish a program that selects and funds not less than 5
projects proposed by and implemented in collaboration with Federal
agencies, units of State and local government, national
laboratories, Indian tribes, institutions of higher education,
individuals, organizations, or soil and water conservation
districts to demonstrate and evaluate the most effective methods of
controlling salt cedar and Russian olive trees.
(2) Project requirements.--The demonstration projects under
paragraph (1) shall--
(A) be carried out over a time period and to a scale
designed to fully assess long-term management strategies;
(B) implement salt cedar or Russian olive tree control
using 1 or more methods for each project in order to assess the
full range of control methods, including--
(i) airborne application of herbicides;
(ii) mechanical removal; and
(iii) biocontrol methods, such as the use of goats or
insects;
(C) individually or in conjunction with other demonstration
projects, assess the effects of and obstacles to combining
multiple control methods and determine optimal combinations of
control methods;
(D) assess soil conditions resulting from salt cedar and
Russian olive tree infestation and means to revitalize soils;
(E) define and implement appropriate final vegetative
states and optimal revegetation methods, with preference for
self-maintaining vegetative states and native vegetation, and
taking into consideration downstream impacts, wildfire
potential, and water savings;
(F) identify methods for preventing the regrowth and
reintroduction of salt cedar and Russian olive trees;
(G) monitor and document any water savings from the control
of salt cedar and Russian olive trees, including impacts to
both groundwater and surface water;
(H) assess wildfire activity and management strategies;
(I) assess changes in wildlife habitat;
(J) determine conditions under which removal of biomass is
appropriate (including optimal methods for the disposal or use
of biomass); and
(K) assess economic and other impacts associated with
control methods and the restoration and maintenance of land.
(f) Disposition of Biomass.--
(1) In general.--Not later than 1 year after the date on which
funds are made available to carry out this Act, the Secretary, in
cooperation with the Secretary of Agriculture, shall complete an
analysis of economic means to use or dispose of biomass created as
a result of removal of salt cedar and Russian olive trees.
(2) Requirements.--The analysis shall--
(A) determine conditions under which removal of biomass is
economically viable;
(B) consider and build upon existing research by the
Department of Agriculture and other agencies on beneficial uses
of salt cedar and Russian olive tree fiber; and
(C) consider economic development opportunities, including
manufacture of wood products using biomass resulting from
demonstration projects under subsection (e) as a means of
defraying costs of control.
(g) Costs.--
(1) In general.--With respect to projects and activities
carried out under this Act--
(A) the assessment under subsection (c) shall be carried
out at a cost of not more than $4,000,000;
(B) the identification and documentation of long-term
management strategies under subsection (d)(1) and the provision
of grants under subsection (d)(2) shall be carried out at a
cost of not more than $2,000,000;
(C) each demonstration project under subsection (e) shall
be carried out at a Federal cost of not more than $7,000,000
(including costs of planning, design, implementation,
maintenance, and monitoring); and
(D) the analysis under subsection (f) shall be carried out
at a cost of not more than $3,000,000.
(2) Cost-sharing.--
(A) In general.--The assessment under subsection (c), the
identification and documentation of long-term management
strategies under subsection (d), a demonstration project or
portion of a demonstration project under subsection (e) that is
carried out on Federal land, and the analysis under subsection
(f) shall be carried out at full Federal expense.
(B) Demonstration projects carried out on non-federal
land.--
(i) In general.--The Federal share of the costs of any
demonstration project funded under subsection (e) that is
not carried out on Federal land shall not exceed 75
percent.
(ii) Form of non-federal share.--The non-Federal share
of the costs of a demonstration project that is not carried
out on Federal land may be provided in the form of in-kind
contributions, including services provided by a State
agency or any other public or private partner.
(h) Cooperation.--In carrying out the assessment under subsection
(c), the demonstration projects under subsection (e), and the analysis
under subsection (f), the Secretary shall cooperate with and use the
expertise of Federal agencies and the other entities specified in
subsection (e)(1) that are actively conducting research on or
implementing salt cedar and Russian olive tree control activities.
(i) Independent Review.--The Secretary shall subject to independent
review--
(1) the assessment under subsection (c);
(2) the identification and documentation of long-term
management strategies under subsection (d);
(3) the demonstration projects under subsection (e); and
(4) the analysis under subsection (f).
(j) Reporting.--
(1) In general.--The Secretary shall submit to Congress an
annual report that describes the results of carrying out this Act,
including a synopsis of any independent review under subsection (I)
and details of the manner and purposes for which funds are
expended.
(2) Public access.--The Secretary shall facilitate public
access to all information that results from carrying out this Act.
(k) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this Act--
(A) $20,000,000 for fiscal year 2006; and
(B) $15,000,000 for each of fiscal years 2007 through 2010.
(2) Administrative costs.--Not more than 15 percent of amounts
made available under paragraph (1) shall be used to pay the
administrative costs of carrying out the program established under
subsection (a).
(l) Termination of Authority.--This Act and the authority provided
by this Act terminate on the date that is 5 years after the date of the
enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Salt Cedar and Russian Olive Control Demonstration Act - Directs the Secretary of the Interior (the Secretary), acting through the Commissioner of Reclamation and the Director of the U.S. Geological Survey, to carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program to: (1) assess the extent of the infestation by salt cedar and Russian olive trees in the western United States; (2) demonstrate strategic solutions for the long-term management of such trees and the reestablishment of native vegetation; and (3) assess economic means to dispose of biomass created as a result of removal of those trees. Directs the Secretary and the Secretary of Agriculture to enter into a memorandum of understanding for the administration of such program.
Requires the Secretary to: (1) complete an assessment of the extent of the infestation; (2) identify long-term management and funding strategies that could be implemented by land managers in addressing the infestation and that should be tested as components of specified demonstration projects; and (3) establish a program that selects and funds at least five projects to demonstrate and evaluate the most effective methods of controlling salt cedar and Russian olive trees. Directs the Secretary to complete an analysis of economic means to use or dispose of biomass created by salt cedar and Russian olive tree removal.
Limits the costs of the assessment, identification and documentation of strategies (and the provision of grants), demonstration projects, and analysis. Requires the assessment, identification and documentation of strategies, and demonstration projects to be carried out on federal land and the analysis to be carried out at full federal expense. Limits the federal share of the costs of demonstration projects not carried out on federal land and allows in kind contributions.
Directs the Secretary to: (1) review the assessment, identification and documentation of strategies, demonstration projects, and analysis; (2) report to Congress annually, including a synopsis of any independent review and details of the manner and purposes for which funds are expended; and (3) facilitate public access to all information that results from carrying out this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "To further the purposes of the Reclamation Projects Authorization and Adjustment Act of 1992 by directing the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out an assessment and demonstration program to control salt cedar and Russian olive, and for other purposes."} | 2,284 | 453 | 0.777402 | 2.720857 | 0.985355 | 4.997573 | 5.293689 | 0.944175 |
SECTION 1. PURPOSE.
The purpose of this Act is to clarify section 3626(j)(1)(D)(ii) of
title 39, United States Code.
SEC. 2. COOPERATIVE MAILINGS.
Section 3626(j) of title 39, United States Code, is amended by
adding at the end the following:
``(4)(A) Notwithstanding any other provision of this section or any
rule or regulation of the Postal Service, but subject to subparagraph
(D), in the case of mail matter sent (or proposed to be sent) by or on
behalf of an authorized organization having a contractual or any other
business relationship with an entity described in subparagraph (B)(ii),
rates of postage under former section 4452 (b) or (c) of this title
shall apply if those rates would apply in the case of identical mail
matter sent by such organization absent such relationship.
``(B) For purposes of subparagraph (A)--
``(i) the term `authorized organization' means an
organization authorized to mail at the rates for mail under
former section 4452 (b) or (c) of this title; and
``(ii) an entity described in this clause is any
organization or other person that is not an authorized
organization.
``(C) This paragraph does not authorize mail that advertises,
promotes, offers, or, for a fee or consideration, recommends,
describes, or announces the availability of any products or services to
be mailed at the rates of postage under former section 4452 (b) or (c)
of this title which would otherwise be excluded from being mailed at
such rates by any other provision of this title.''.
SEC. 3. CONFLICT OF INTEREST.
Section 3626 of title 39, United States Code, is amended by adding
at the end the following:
``(n)(1) For purposes of determining eligibility for use of the
rates to mail under former section 4452 (b) or (c) of this title with
respect to a qualified nonprofit organization that enters into a
contract with a commercial entity to solicit funds for or on behalf of
the nonprofit organization, or to provide counseling services for the
solicitation of funds, the contractual relationship shall be deemed a
conflict of interest creating a presumption against eligibility if--
``(A) the parties do not act severally and independently in
forming the contract; or
``(B) the contract is not approved in advance by the
governing body of the nonprofit organization, the controlling
voting percentage of which is comprised of persons other than
officers, board members, principals, or employees of the
commercial entity; or by other persons as authorized by such
governing body to act on its behalf.
``(2) If a conflict of interest is found to exist under paragraph
(1), the presumption against eligibility may be rebutted by
demonstrating to the Postal Service that the contract meets the
standards required to establish a rebuttable presumption that a
transaction is not an excess benefit transaction as set forth in
regulation by the Internal Revenue Service under section 4958 of the
Internal Revenue Code of 1986.''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) this Act addresses only the appropriate rates of
postage as authorized under section 3626 of title 39, United
States Code;
(2) to prevent the nonprofit mailing rates from being used
for any unlawful purpose, nothing in this Act should be
considered to alter the authority of the United States Postal
Service to--
(A) apply regular rates of postage rather than
nonprofit rates, to mail matter described in
subparagraph (A), (B), (C), or (D)(i) of section
3526(j)(1) of title 39, United States Code;
(B) enforce any criminal law within its
jurisdiction;
(C) revoke the nonprofit mail permit of an
authorized organization, as described in section
3626(j)(4)(B)(i) of title 39, United States Code, for
which the Internal Revenue Service and the courts of
the United States have issued a final revocation of
tax-exempt status on any legal basis, including a
finding of an excess benefit, private inurement, or
private benefit;
(D) prohibit schemes to obtain money or property
through the mail by means of false representations in
accordance with section 3005(a) of title 39, United
States Code;
(E) prohibit any person from conducting a lottery,
gift enterprise, or scheme for the distribution of
money through the mail in accordance with section
3005(a) of title 39, United States Code; or
(F) broadly prohibit any person having fraudulent
designs on others from using the Postal Service as a
means of effecting such fraud in accordance with
section 1341 of title 18, United States Code; and
(3) nothing in this Act shall be construed to limit or
change the authority of the Attorney General of the United
States or an Attorney General of the several States from
exercising their consumer protection jurisdiction against
criminal or fraudulent fundraising practices.
SEC. 5. EFFECTIVE DATE AND APPLICATION.
(a) In General.--The amendments made by this Act shall apply with
respect to mail matter sent before, on, or after the date of enactment
of this Act, except that section 3 of this Act shall become effective
for contracts entered into after the date of enactment.
(b) Application.--
(1) Causes of action.--Nothing in this Act (including the
amendments made by this Act) shall be considered to create a
cause of action against the United States Postal Service to
recover postage paid on mail matter sent on or before the date
of enactment of this Act.
(2) Continuation of actions.--Nothing in this Act
(including the amendments made by this Act) shall prohibit or
prevent the United States Government from proceeding--
(A) in any civil action instituted or formally
intervened by it before the date of enactment of this
Act; or
(B) in any criminal action in which a complaint or
indictment has been filed on or before the date of
enactment of this Act. | Amends Federal postal law to apply certain reduced postage rates to specified mail matter (cooperative mailings) sent (or proposed to be sent) by or on behalf of an organization authorized to mail at non-profit postage rates even though it has a contractual or any other business relationship with an entity not so authorized.Deems a conflict of interest creating a presumption against eligibility for use of such non-profit postage rates any contractual relationship between a qualified nonprofit organization with a commercial entity for solicitation of funds for or on behalf of the nonprofit organization, or for counseling services for the solicitation of funds. Exempts from this rule any such contract if the parties act severally and independently in forming it, or it is approved in advance: (1) by the governing body of the nonprofit organization, the controlling voting percentage of which is composed of persons other than officers, board members, principals, or employees of the commercial entity; or (2) by other persons authorized by such governing body to act on its behalf.Allows a rebuttal of the presumption against eligibility even if a conflict of interest is found to exist, if it can be demonstrated to the Postal Service that the contract meets certain standards of the Internal Revenue Service under the Internal Revenue Code establishing a rebuttable presumption that a transaction is not an excess benefit transaction. | {"src": "billsum_train", "title": "A bill to amend title 39, United States Code, with respect to cooperative mailings."} | 1,344 | 300 | 0.636429 | 2.126276 | 1.021977 | 4.339921 | 4.948617 | 0.909091 |
113 of the One Hundred Second Congress to commemorate the 25th
anniversary of the reunification of Jerusalem, and reaffirming
congressional sentiment that Jerusalem must remain an undivided
city.
(11) The September 13, 1993, Declaration of Principles on
Interim Self-Government Arrangements lays out a timetable for the
resolution of ``final status'' issues, including Jerusalem.
(12) The Agreement on the Gaza Strip and the Jericho Area was
signed May 4, 1994, beginning the five-year transitional period
laid out in the Declaration of Principles.
(13) In March of 1995, 93 members of the United States Senate
signed a letter to Secretary of State Warren Christopher
encouraging ``planning to begin now'' for relocation of the United
States Embassy to the city of Jerusalem.
(14) In June of 1993, 257 members of the United States House of
Representatives signed a letter to the Secretary of State Warren
Christopher stating that the relocation of the United States
Embassy to Jerusalem ``should take place no later than . . .
1999''.
(15) The United States maintains its embassy in the functioning
capital of every country except in the case of our democratic
friend and strategic ally, the State of Israel.
(16) The United States conducts official meetings and other
business in the city of Jerusalem in de facto recognition of its
status as the capital of Israel.
(17) In 1996, the State of Israel will celebrate the 3,000th
anniversary of the Jewish presence in Jerusalem since King David's
entry.
SEC. 3. TIMETABLE.
(a) Statement of the Policy of the United States.--
(1) Jerusalem should remain an undivided city in which the
rights of every ethnic and religious group are protected;
(2) Jerusalem should be recognized as the capital of the State
of Israel; and
(3) the United States Embassy in Israel should be established
in Jerusalem no later than May 31, 1999.
(b) Opening Determination.--Not more than 50 percent of the funds
appropriated to the Department of State for fiscal year 1999 for
``Acquisition and Maintenance of Buildings Abroad'' may be obligated
until the Secretary of State determines and reports to Congress that
the United States Embassy in Jerusalem has officially opened.
SEC. 4. FISCAL YEARS 1996 AND 1997 FUNDING.
(a) Fiscal Year 1996.--Of the funds authorized to be appropriated
for ``Acquisition and Maintenance of Buildings Abroad'' for the
Department of State in fiscal year 1996, not less than $25,000,000
should be made available until expended only for construction and other
costs associated with the establishment of the United States Embassy in
Israel in the capital of Jerusalem.
(b) Fiscal Year 1997.--Of the funds authorized to be appropriated
for ``Acquisition and Maintenance of Buildings Abroad'' for the
Department of State in fiscal year 1997, not less than $75,000,000
should be made available until expended only for construction and other
costs associated with the establishment of the United States Embassy in
Israel in the capital of Jerusalem.
SEC. 5. REPORT ON IMPLEMENTATION.
Not later than 30 days after the date of enactment of this Act, the
Secretary of State shall submit a report to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate
detailing the Department of State's plan to implement this Act. Such
report shall include--
(1) estimated dates of completion for each phase of the
establishment of the United States Embassy, including site
identification, land acquisition, architectural, engineering and
construction surveys, site preparation, and construction; and
(2) an estimate of the funding necessary to implement this Act,
including all costs associated with establishing the United States
Embassy in Israel in the capital of Jerusalem.
SEC. 6. SEMIANNUAL REPORTS.
At the time of the submission of the President's fiscal year 1997
budget request, and every six months thereafter, the Secre tary of
State shall report to the Speaker of the House of Representatives and
the Committee on Foreign Relations of the Senate on the progress made
toward opening the United States Embassy in Jerusalem.
SEC. 7. PRESIDENTIAL WAIVER.
(a) Waiver Authority.--(1) Beginning on October 1, 1998, the
President may suspend the limitation set forth in section 3(b) for a
period of six months if he determines and reports to Congress in
advance that such suspension is necessary to protect the national
security interests of the United States.
(2) The President may suspend such limitation for an additional six
month period at the end of any period during which the suspension is in
effect under this subsection if the President determines and reports to
Congress in advance of the additional suspension that the additional
suspension is necessary to protect the national security interests of
the United States.
(3) A report under paragraph (1) or (2) shall include--
(A) a statement of the interests affected by the limitation
that the President seeks to suspend; and
(B) a discussion of the manner in which the limitation affects
the interests.
(b) Applicability of Waiver to Availability of Funds.--If the
President exercises the authority set forth in subsection (a) in a
fiscal year, the limitation set forth in section 3(b) shall apply to
funds appropriated in the following fiscal year for the purpose set
forth in such section 3(b) except to the extent that the limitation is
suspended in such following fiscal year by reason of the exercise of
the authority in subsection (a).
SEC. 8. DEFINITION.
As used in this Act, the term ``United States Embassy'' means the
offices of the United States diplomatic mission and the residence of
the United States chief of mission.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Jerusalem Embassy Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be established in Jerusalem no later than May 31, 1999. States that, subject to the President's waiver authority granted below, not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in FY 1996 and 1997 only for construction and other costs associated with relocating the U.S. Embassy Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem. Authorizes the President to suspend for six months (with possible subsequent six-month extensions) the 50 percent limitation on the obligation of funds with respect to the opening of the Embassy if he determines and reports to the Congress that a suspension is necessary to protect the national security interests of the United States. | {"src": "billsum_train", "title": "Jerusalem Embassy Act of 1995"} | 1,233 | 309 | 0.707609 | 2.352895 | 0.789616 | 4.25 | 4.304348 | 0.902174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boys Town Centennial Commemorative
Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Boys Town is a nonprofit organization dedicated to saving
children and healing families, nationally headquartered in the
village of Boys Town, Nebraska;
(2) Father Flanagan's Boys Home, known as ``Boys Town'', was
founded on December 12, 1917, by Servant of God Father Edward
Flanagan;
(3) Boys Town was created to serve children of all races and
religions;
(4) news of the work of Father Flanagan spread worldwide with
the success of the 1938 movie, ``Boys Town'';
(5) after World War II, President Truman asked Father Flanagan
to take his message to the world, and Father Flanagan traveled the
globe visiting war orphans and advising government leaders on how
to care for displaced children;
(6) Boys Town has grown exponentially, and now provides care to
children and families across the country in 11 regions, including
California, Nevada, Texas, Nebraska, Iowa, Louisiana, North
Florida, Central Florida, South Florida, Washington, DC, New York,
and New England;
(7) the Boys Town National Hotline provides counseling to more
than 150,000 callers each year;
(8) the Boys Town National Research Hospital is a national
leader in the field of hearing care and research of Usher Syndrome;
(9) Boys Town programs impact the lives of more than 2 million
children and families across America each year; and
(10) December 12th, 2017, will mark the 100th anniversary of
Boys Town, Nebraska.
SEC. 3. COIN SPECIFICATIONS.
(a) $5 Gold Coins.--The Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall mint and issue not more than
50,000 $5 coins in commemoration of the centennial of the founding of
Father Flanagan's Boys Town, each of which shall--
(1) weigh 8.359 grams;
(2) have a diameter of 0.850 inches; and
(3) contain 90 percent gold and 10 percent alloy.
(b) $1 Silver Coins.--The Secretary shall mint and issue not more
than 350,000 $1 coins in commemoration of the centennial of the
founding of Father Flanagan's Boys Town, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(c) Half Dollar Clad Coins.--The Secretary shall mint and issue not
more than 300,000 half dollar clad coins in commemoration of the
centennial of the founding of Father Flanagan's Boys Town, each of
which shall--
(1) weigh 11.34 grams;
(2) have a diameter of 1.205 inches; and
(3) be minted to the specifications for half dollar coins
contained in section 5112(b) of title 31, United States Code.
(d) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(e) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this Act
shall be emblematic of the 100 years of Boys Town, one of the largest
nonprofit child care agencies in the United States.
(b) Designation and Inscriptions.--On each coin minted under this
Act, there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2017''; and
(3) inscriptions of the words ``Liberty'', ``In God We Trust'',
``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
National Executive Director of Boys Town and the Commission of Fine
Arts; and
(2) reviewed by the Citizens of Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the period beginning on January 1, 2017, and ending on
December 31, 2017.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins; and
(2) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to Boys Town to carry out
Boys Town's cause of caring for and assisting children and families in
underserved communities across America.
(c) Audits.--Boys Town shall be subject to the audit requirements
of section 5134(f)(2) of title 31, United States Code, with regard to
the amounts received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual two commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result in
any net cost to the Federal Government; and
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the total
cost of designing and issuing all of the coins authorized by this
Act (including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the House on June 23, 2015. Boys Town Centennial Commemorative Coin Act (Sec. 3) Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half-dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. (Sec. 4) Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. (Sec. 5) Permits issuance of such coins only between January 1, 2017, and December 31, 2017. (Sec. 7) Subjects all coin sales to specified surcharges, which shall be paid to Boys Town to carry out its cause of caring for and assisting children and families in underserved communities across America. Prohibits any surcharge if issuance of the coin would exceed the annual commemorative coin program issuance limitation. (Sec. 8) Directs the Secretary to ensure that: (1) minting and issuing such coins will not result in any net cost to the federal government; and (2) no funds, including surcharges, will be disbursed to Boys Town until the total cost of designing and issuing all authorized coins is recovered by the Treasury. | {"src": "billsum_train", "title": "Boys Town Centennial Commemorative Coin Act"} | 1,714 | 302 | 0.623184 | 2.396405 | 0.758387 | 4.2607 | 6.151751 | 0.906615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alabama-Coushatta Tribe of Texas
Equal and Fair Opportunity Settlement Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.
(a) Findings and Declarations.--Congress finds and declares that--
(1) it is the policy of the United States to promote tribal
self-determination and economic self-sufficiency and to support
the resolution of disputes over historical claims;
(2) Sam Houston, as a leader in the Texas Revolution and
the President of the Republic of Texas--
(A) established friendly relations with Indian
tribes;
(B) expressed his personal appreciation for the
assistance of the tribes during the fight for Texas
independence; and
(C) endeavored to protect the land and rights of
the tribes;
(3) the United States, pursuant to Federal law and in
accordance with several Federal court decisions, has affirmed
the rights of tribes, including the Alabama-Coushatta Tribe of
Texas (referred to in this Act as the ``Tribe''), to free and
undisturbed use and occupancy of the aboriginal lands of the
tribes, including the right to compensation when those rights
are violated;
(4) the land of the Tribe in southeastern Texas has been
subject to illegal trespass and use, depriving the Tribe of
critical economic development opportunities, including valuable
timber production and oil and gas leasing;
(5) in June 2000, the United States Court of Federal Claims
ruled that--
(A) the United States violated its fiduciary
obligations to the Tribe by knowingly failing to
protect 2,850,000 acres of the aboriginal lands of the
Tribe in southeastern Texas;
(B) that failure would have constituted a claim
eligible to be heard by the Indian Claims Commission
established by the first section of the Act of August
13, 1946 (60 Stat. 1049, chapter 959) (commonly known
as the ``Indian Claims Commission Act'') (and
terminated by section 23 of that Act (70 Stat. 624,
chapter 679)); and
(C) as described in House Resolution 69 (98th
Congress) (November 1, 1983), it was the sense of the
House of Representatives that the Federal Government
should pay full monetary compensation to the Tribe for
the loss of the 2,850,000 acres of aboriginal lands
illegally occupied by non-Indian settlers after 1845;
(6) in October 2002, the United States Court of Federal
Claims adopted $270,600,000 as the jointly stipulated amount of
economic damages to be recovered by the Tribe from the United
States;
(7) while the Tribe is asserting outstanding claims
regarding the aboriginal lands of the Tribe, the Tribe has
decided to forego, relinquish, waive, and otherwise extinguish
any such claims, on the condition that Congress shall amend the
1987 Restoration Act of the Tribe, enacted as Public Law 100-89
(25 U.S.C. 1300g et seq.), in accordance with this Act;
(8) Congress desires to empower the Tribe to govern its own
economic future and appreciates the willingness of the Tribe to
forego the land claims described in paragraph (7) in exchange
for improved economic self-sufficiency;
(9) this Act represents a good faith effort on the part of
Congress to compensate the Tribe for the loss of the aboriginal
lands of the Tribe by providing the Tribe with an economic
development opportunity under the same terms and conditions as
other federally recognized Indian tribes, in exchange for the
agreement of the Tribe to relinquish the land claims described
in paragraph (7); and
(10) in the absence of Congressional action, those land
claims will be pursued through the courts, a process that in
all likelihood will consume many years and thereby promote
hostility and uncertainty in the State of Texas, to the
ultimate detriment of the Tribe, the members of the Tribe, and
all other citizens of the State of Texas.
(b) Purposes.--The purposes of this Act are--
(1) to recognize and compensate the Tribe for the loss of
the aboriginal lands of the Tribe and the resulting loss of any
economically productive use of those lands for decades;
(2) to restore an economic development opportunity to the
Tribe on terms that are equal and fair;
(3) to resolve claims by the Tribe regarding the loss of
the aboriginal lands of the Tribe; and
(4) to insulate the Federal Government and taxpayers from
potentially greater and ongoing liability from those claims.
SEC. 3. RESTORATION ACT AMENDMENT.
For the purpose of restoring an economic development opportunity on
terms that are equal and fair, section 207 of Public Law 100-89 (25
U.S.C. 737) is repealed.
SEC. 4. DISMISSAL OF LAND CLAIMS.
Not later than 180 days after the date of enactment of this Act,
the United States and the Tribe shall execute and file in each
applicable court a motion for dismissal of any pending claim arising
out of or relating to the aboriginal lands, or an interest in the
aboriginal lands, of the Tribe.
SEC. 5. EXTINGUISHMENT OF CLAIMS.
(a) Extinguishment.--Any claim (including any claim for damages for
trespass or for use and occupancy) by, or on behalf of, the Tribe, or
any predecessor in interest or any of the members of the Tribe, against
the United States, the State of Texas, or any landowner, that is based
on any interest in or right involving any land or natural resources,
shall be regarded as extinguished.
(b) Rule of Construction.--Nothing in this section--
(1) affects or limits the personal claim of an individual
Indian (except for a Federal common law fraud claim) that is
pursued under any law of general applicability that protects
non-Indians as well as Indians; or
(2) alters the status of land held in trust by the United
States on behalf of the Tribe. | Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act This bill amends the Alabama-Coushatta Tribes of Texas Restoration Act to repeal the prohibition against gaming activities by the Alabama-Coushatta Tribe of Texas on its lands if those gaming activities are prohibited by Texas law. The United States and the Tribe must execute and file in each applicable court a motion for dismissal of any pending claim arising out of or relating to any interest in the aboriginal lands of the Tribe. Any claim by or on behalf of the Tribe, or any predecessor in interest or any of its members, against the United States, Texas, or any landowner, that is based on any interest in or right involving any land or natural resources regarding the aboriginal lands, is hereby extinguished. | {"src": "billsum_train", "title": "Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act"} | 1,356 | 179 | 0.51014 | 1.518663 | 0.638965 | 5.087248 | 8.147651 | 0.899329 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Spending and Taxpayer
Accessibility Act of 2008''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Taxpayers deserve to know how their tax money is spent
by the Federal Government.
(2) The Office of Management and Budget has developed a
single, searchable Internet website of Government grants and
contracts, accessible free of charge by the public.
(3) The Office of Management and Budget, through its
Program Assessment Rating Tool (PART) system, identified that
almost 25 percent of Federal programs it reviewed either were
ineffective or their effectiveness could not be determined.
(4) Billions of dollars are lost each year through fraud,
waste, abuse, and mismanagement among the hundreds of programs
in the Federal Government.
(5) Taxpayers work on average more than 2 months of every
year to pay for the operations of the Federal Government.
(b) Purposes.--The purposes of this Act are--
(1) to bring more transparency to the spending habits of
the Federal Government;
(2) to help taxpayers understand how the Federal Government
spends the money they send to Washington, DC;
(3) to provide for better accountability in the Federal
budget and appropriations process;
(4) to give taxpayers an easy and accessible way to see how
their money is being spent; and
(5) to increase the participation of citizens in their
Government.
SEC. 3. EARMARK TRACKING WEBSITE.
(a) Internet Website.--
(1) In general.--Not later than January 1, 2009, the
Congressional Research Service shall create a single
operational searchable Internet website, accessible free of
charge by the public, that allows the user to search
information on each Federal earmark, including--
(A) the name and location of the intended recipient
of the earmark,
(B) the total dollar amount of the earmark,
(C) the Member of Congress who sponsored or
requested the earmark, and
(D) the status of the bill to which the earmark is
attached.
(2) Scope of data.--The Internet website established under
this subsection shall include data for fiscal years after
fiscal year 2007.
(3) Timeliness of information.--The Congressional Research
Service shall update the Internet website established under
this subsection as soon as any bill or report containing an
earmark has been passed or reported by the Senate or the House
of Representatives or any committee thereof.
(b) Definitions.--
(1) Earmark.--For purposes of this section, the term
``earmark'' means a congressionally directed spending item, a
limited tax benefit, or a limited tariff benefit.
(A) Congressionally directed spending item.--For
purposes of this paragraph, the term ``congressionally
directed spending item'' means a provision or report
language included primarily at the request of a Member
of Congress providing, authorizing, or recommending a
specific amount of discretionary budget authority,
credit authority, or other spending authority for a
contract, loan, loan guarantee, grant, loan authority,
or other expenditure with or to an entity, or targeted
to a specific State, locality or Congressional
district, other than through a statutory or
administrative formula-driven or competitive award
process.
(B) Limited tax benefit.--For purposes of this
paragraph, the term ``limited tax benefit'' means any
revenue provision that--
(i) provides a Federal tax deduction,
credit, exclusion, or preference to a
particular beneficiary or limited group of
beneficiaries under the Internal Revenue Code
of 1986; and
(ii) contains eligibility criteria that are
not uniform in application with respect to
potential beneficiaries of such provision.
(C) Limited tariff benefit.--For purposes of this
paragraph, the term ``limited tariff benefit'' means a
provision modifying the Harmonized Tariff Schedule of
the United States in a manner that benefits 10 or fewer
entities.
(2) Recipient.--For purposes of this section, the term
``recipient'' means the entity designated to receive the
earmark.
(3) Searchable internet website.--For purposes of this
section, the term ``searchable Internet website'' means an
Internet website that allows members of the public--
(A) to search and aggregate Federal funding for any
earmark passed or reported by the Senate or the House
of Representatives or any committee thereof, as well as
an overall total by any method required by subsection
(a)(1);
(B) to ascertain through a single search the total
number and total dollar amount of earmarks provided to
a single recipient;
(C) to ascertain through a single search the total
number and total dollar amount of earmarks sponsored or
requested by each United States Senator, Member of the
House of Representatives, including Delegates and
Resident Commissioners, and the President of the United
States; and
(D) to ascertain through a single search the total
number and total dollar amount of earmarks and earmark
recipients located in each State and territory of the
United States.
(c) Notification of Delay.--The Director of the Congressional
Research Service shall, upon making a determination that the Internet
website established under subsection (a)(1) will not be operational by
January 1, 2009, immediately notify the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Government
Reform of the House of Representatives of such determination and shall
provide the reason for the delay.
(d) Reports.--
(1) In general.--Not later than the date that is 1 year
after the date on which the Internet website established under
subsection (a)(1) becomes operational, the Director of the
Congressional Research Service shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives a report on the implementation of such website,
including data regarding the usage of and public feedback on
the utility of the website and any recommendations for
improving the presentation of the data.
(2) Publication.--The Congressional Research Service shall
make each report submitted under paragraph (1) publicly
available on the Internet website established under subsection
(a).
(e) Classified Information.--Nothing in this section shall require
the disclosure of classified information.
(f) Government Accountability Office Report.--Not later than June
1, 2009, the Comptroller General of the United States shall submit to
Congress a report on compliance with the requirements of this section.
SEC. 4. PROVIDING INFORMATION TO TAXPAYERS.
(a) Provision of Statement Upon Request.--Beginning not later than
October 1, 2009, the Secretary of the Treasury shall provide upon the
request of an eligible individual a taxpayer account statement for such
individual.
(b) Taxpayer Account Statement.--The taxpayer account statement
required under subsection (a) shall include--
(1) the aggregate amount of individual Federal income tax
paid by the eligible individual under chapter 1 of subtitle A
of the Internal Revenue Code of 1986 in all previous taxable
years, and
(2) an estimate of the aggregate amount of such income tax
that such individual will have paid as of the projected date of
the normal retirement of such individual.
(c) Eligible Individual.--For purposes of this section, the term
``eligible individual'' means an individual who--
(1) has a valid social security number issued by the Social
Security Administration.
(2) is age 25 or over,
(3) has filed a return of tax in any previous taxable year,
and
(4) has had net income tax liability which is greater than
zero in any previous taxable year.
(d) Notice.--The Secretary of the Treasury shall, to the maximum
extent practicable, take such steps as are necessary to assure that
eligible individuals are informed of the availability of the statement
required under subsection (a).
(e) Mandatory Provision of Initial Statements.--By not later than
September 30, 2014, the Secretary of the Treasury shall provide a
taxpayer account statement to each eligible individual for whom a
current mailing address can be determined. The Secretary shall provide
with each such statement notice that an updated version of such
statement is available annually upon request.
SEC. 5. ADDITIONAL DISCLOSURE OF FEDERAL GOVERNMENT EXPENDITURES.
(a) Additional Disclosure.--
(1) In general.--Not later than January 1, 2010, the
Director of the Office of Management and Budget shall include
the financial outlays of all Federal agencies on the Internet
website established by the Federal Funding Accountability and
Transparency Act of 2006.
(2) Internet website.--The information added to the
Internet website under paragraph (1) shall--
(A) allow the user at least 2 different methods of
searching and aggregating the financial outlays of all
Federal agencies, including--
(i) searching by agency obligation and
object class; and
(ii) searching by budget function and
subfunction; and
(B) allow the user to download any data received as
the product of a search.
(b) Agency Responsibilities.--All Federal agencies shall comply
with instructions and guidance issued by the Director of the Office of
Management and Budget and shall provide appropriate assistance to the
Director upon request in the addition to the Internet website of the
information required under subsection (a).
(c) Scope of Data.--The information added to the Internet website
under subsection (a) shall include data for fiscal years after fiscal
year 2008.
(d) Financial Outlay.--For purposes of this section, the term
``financial outlay'' means any payment to liquidate an obligation
(other than the repayment of debt principal) that is greater than
$25,000.
(e) Notification of Delay.--The Director of the Office of
Management and Budget shall, upon making a determination that the
information required to be added to the Internet website under
subsection (a) will not be complete by January 1, 2010, immediately
notify the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Government Reform of the House of
Representatives of such determination and shall provide the reason for
the delay.
(f) Report.--
(1) In general.--Not later than the date that is 6 months
after the date on which the information required under
subsection (a) has been added to the Internet website described
in such subsection, the Director of the Office of Management
and Budget shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives a report on
the addition of the information added under subsection (a),
including data regarding the usage of and public feedback on
the utility of the Internet website and any recommendations for
improving data quality and collection.
(2) Publication.--The Director of the Office of Management
and Budget shall make the report submitted under paragraph (1)
publicly available on the Internet website established by the
Federal Funding Accountability and Transparency Act of 2006.
(g) Classified Information.--Nothing in this section shall require
the disclosure of classified information.
(h) Government Accountability Office Report.--Not later than
January 1, 2011, the Comptroller General of the United States shall
submit to Congress a report on compliance with the requirements of this
section. | Federal Spending and Taxpayer Accessibility Act - Directs the Congressional Research Service (CRS) to create a free public Internet website that includes data for fiscal years after FY2007 and allows the user to search specified information on each federal earmark, including the intended recipient, total dollar amount, the sponsoring Member of Congress, and the status of the bill to which it is attached.
Requires the Secretary of the Treasury to provide, upon an eligible individual's request, his or her taxpayer account statement.
Requires the Director of the Office of Management and Budget (OMB) to include the financial outlays exceeding $25,000 of all federal agencies for fiscal years after FY2008 on the Internet website established by the Federal Funding Accountability and Transparency Act of 2006.
Declares that nothing in this Act shall require the disclosure of classified information. | {"src": "billsum_train", "title": "A bill to provide increased accessibility to information on Federal spending, and for other purposes."} | 2,395 | 182 | 0.512796 | 1.472075 | 0.750806 | 3.557692 | 14.679487 | 0.878205 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Police Reporting Information, Data,
and Evidence Act of 2017'' or the ``PRIDE Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Byrne grant program.--The term ``Byrne grant program''
means any grant program under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.), without regard to whether the funds are
characterized as being made available under the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs,
the Local Government Law Enforcement Block Grants Program, the
Edward Byrne Memorial Justice Assistance Grant Program, or
otherwise.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 901 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791).
(3) Law enforcement officer.--The term ``law enforcement
officer'' means any officer, agent, or employee of a State,
unit of local government, or Indian tribe authorized by law or
by a government agency to engage in or supervise the
prevention, detection, or investigation of any violation of
criminal law.
(4) State.--The term ``State'' has the meaning given the
term in section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791).
(5) Use of force.--The term ``use of force'' includes the
use of a firearm, Taser, explosive device, chemical agent (such
as pepper spray), baton, impact projectile, blunt instrument,
hand, fist, foot, canine, or vehicle against an individual.
SEC. 3. USE OF FORCE REPORTING.
(a) Reporting Requirements.--
(1) In general.--Beginning in the first fiscal year
beginning after the date of enactment of this Act and each
fiscal year thereafter in which a State or Indian tribe
receives funds under a Byrne grant program, the State or Indian
tribe shall--
(A) report to the Attorney General, on a quarterly
basis and pursuant to guidelines established by the
Attorney General, information regarding--
(i) any incident involving the shooting of
a civilian by a law enforcement officer who is
employed--
(I) in the case of an Indian tribe,
by the Indian tribe; or
(II) in the case of a State, by the
State or by a unit of local government
in the State;
(ii) any incident involving the shooting of
a law enforcement officer described in clause
(i) by a civilian; and
(iii) any incident in which use of force by
or against a law enforcement officer described
in clause (i) occurs, which is not reported
under clause (i) or (ii);
(B) establish a system and a set of policies to
ensure that all use of force incidents are reported by
law enforcement officers; and
(C) submit to the Attorney General a plan for the
collection of data required to be reported under this
section, including any modifications to a previously
submitted data collection plan.
(2) Report information required.--
(A) In general.--The report required under
paragraph (1)(A) shall contain information that
includes, at a minimum--
(i) the national origin, sex, race,
ethnicity, age, physical disability, mental
disability, English language proficiency,
housing status, and school status of each
civilian against whom a law enforcement officer
used force;
(ii) the date, time, and location,
including zip code, of the incident and whether
the jurisdiction in which the incident occurred
allows for the open-carry or concealed-carry of
a firearm;
(iii) whether the civilian was armed, and,
if so, the type of weapon the civilian had;
(iv) the type of force used against the
officer, the civilian, or both, including the
types of weapons used;
(v) the reason force was used;
(vi) a description of any injuries
sustained as a result of the incident;
(vii) the number of officers involved in
the incident;
(viii) the number of civilians involved in
the incident; and
(ix) a brief description regarding the
circumstances surrounding the incident, which
shall include information on--
(I) the type of force used by all
involved persons;
(II) the legitimate police
objective necessitating the use of
force;
(III) the resistance encountered by
each law enforcement officer involved
in the incident;
(IV) the efforts by law enforcement
officers to--
(aa) de-escalate the
situation in order to avoid the
use of force; or
(bb) minimize the level of
force used; and
(V) if applicable, the reason why
efforts described in subclause (IV)
were not attempted.
(B) Incidents reported under death in custody
reporting act.--A State is not required to include in a
report under subsection (a)(1) an incident reported by
the State in accordance with section 20104(a)(2) of the
Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 13704(a)(2)).
(3) Audit of use-of-force reporting.--Not later than 1 year
after the date of enactment of this Act, and each year
thereafter, each State and Indian tribe described in paragraph
(1) shall--
(A) conduct an audit of the use of force incident
reporting system required to be established under
paragraph (1)(B); and
(B) submit a report to the Attorney General on the
audit conducted under subparagraph (A).
(4) Compliance procedure.--Prior to submitting a report
under paragraph (1)(A), the State or Indian tribe submitting
such report shall compare the information compiled to be
reported pursuant to clause (i) of paragraph (1)(A) to open-
source data records, and shall revise such report to include
any incident determined to be missing from the report based on
such comparison. Failure to comply with the procedures
described in the previous sentence shall be considered a
failure to comply with the requirements of this section.
(b) Ineligibility for Funds.--
(1) In general.--For any fiscal year in which a State or
Indian tribe fails to comply with this section, the State or
Indian tribe, at the discretion of the Attorney General, shall
be subject to not more than a 10-percent reduction of the funds
that would otherwise be allocated for that fiscal year to the
State or Indian tribe under a Byrne grant program.
(2) Reallocation.--Amounts not allocated under a Byrne
grant program in accordance with paragraph (1) to a State for
failure to comply with this section shall be reallocated under
the Byrne grant program to States that have not failed to
comply with this section.
(c) Public Availability of Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Attorney
General shall publish, and make available to the public, a
report containing the data reported to the Attorney General
under this section.
(2) Privacy protections.--Nothing in this subsection shall
be construed to supersede the requirements or limitations under
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974'').
(d) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Attorney General, in coordination with the Director of
the Federal Bureau of Investigation, shall issue guidance on best
practices relating to establishing standard data collection systems
that capture the information required to be reported under subsection
(a)(2), which shall include standard and consistent definitions for
terms, including the term ``use of force'' which is consistent with the
definition of such term in section 2.
SEC. 4. COMMUNITY AND LAW ENFORCEMENT PARTNERSHIP GRANT PROGRAM.
(a) Grants Authorized.--The Attorney General may make grants to
eligible law enforcement agencies to be used for the activities
described in subsection (c).
(b) Eligibility.--In order to be eligible to receive a grant under
this section a law enforcement agency shall--
(1) be located in a State or Indian tribe that receives
funds under a Byrne grant program;
(2) employ not more than 100 law enforcement officers;
(3) demonstrate that the use of force policy for law
enforcement officers employed by the law enforcement agency is
publicly available; and
(4) establish and maintain a reporting system that may be
used by members of the public to report incidents of use of
force to the law enforcement agency.
(c) Activities Described.--A grant made under this section may be
used by a law enforcement agency for--
(1) the cost of assisting the State or Indian tribe in
which the law enforcement agency is located in complying with
the reporting requirements described in section 3;
(2) the cost of establishing necessary systems required to
investigate and report incidents as required under subsection
(b)(4);
(3) public awareness campaigns designed to gain information
from the public on use of force by or against law enforcement
officers, including shootings, which may include tip lines,
hotlines, and public service announcements; and
(4) use of force training for law enforcement agencies and
personnel, including training on de-escalation, implicit bias,
crisis intervention techniques, and adolescent development.
SEC. 5. COMPLIANCE WITH REPORTING REQUIREMENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and each year thereafter, the Attorney General shall
conduct an audit and review of the information provided under this Act
to determine whether each State or Indian tribe described in section
3(a)(1) is in compliance with the requirements of this Act.
(b) Consistency in Data Reporting.--
(1) In general.--Any data reported under this Act shall be
collected and reported in a manner consistent with existing
programs of the Department of Justice that collect data on law
enforcement officer encounters with civilians.
(2) Guidelines.--The Attorney General shall--
(A) issue guidelines on the reporting requirement
under section 3; and
(B) seek public comment before finalizing the
guidelines required under subparagraph (A).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General
such sums as are necessary to carry out this Act. | Police Reporting Information, Data, and Evidence Act of 2017 or the PRIDE Act This bill requires a state or Indian tribe that receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to report on use-of-force incidents involving a law enforcement officer and a civilian. The Department of Justice (DOJ) may reduce by up to 10% the JAG allocation of a state or Indian tribe that fails to comply. The bill authorizes DOJ to make grants to law enforcement agencies to comply with reporting requirements, establish reporting systems, promote public awareness, and train law enforcement personnel with respect to use-of-force incidents. | {"src": "billsum_train", "title": "Police Reporting Information, Data, and Evidence Act of 2017"} | 2,339 | 140 | 0.567244 | 1.541924 | 0.652831 | 2.758065 | 17.467742 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Law Enforcement Hate Crimes
Prevention Act of 2009''.
SEC. 2. DEFINITION OF HATE CRIME.
In this Act--
(1) the term ``crime of violence'' has the meaning given
that term in section 16, title 18, United States Code;
(2) the term ``hate crime'' has the meaning given such term
in section 280003(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (28 U.S.C. 994 note); and
(3) the term ``local'' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State.
SEC. 3. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE,
LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of a State, local, or
tribal law enforcement agency, the Attorney General may provide
technical, forensic, prosecutorial, or any other form of
assistance in the criminal investigation or prosecution of any
crime that--
(A) constitutes a crime of violence;
(B) constitutes a felony under the State, local, or
tribal laws; and
(C) is motivated by prejudice based on the actual
or perceived race, color, religion, national origin,
gender, sexual orientation, gender identity, or
disability of the victim, or is a violation of the
State, local, or tribal hate crime laws.
(2) Priority.--In providing assistance under paragraph (1),
the Attorney General shall give priority to crimes committed by
offenders who have committed crimes in more than one State and
to rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.
(b) Grants.--
(1) In general.--The Attorney General may award grants to
State, local, and Tribal law enforcement agencies for
extraordinary expenses associated with the investigation and
prosecution of hate crimes.
(2) Office of justice programs.--In implementing the grant
program under this subsection, the Office of Justice Programs
shall work closely with grantees to ensure that the concerns
and needs of all affected parties, including community groups
and schools, colleges, and universities, are addressed through
the local infrastructure developed under the grants.
(3) Application.--
(A) In general.--Each State, local, or Tribal law
enforcement agency that desires a grant under this
subsection shall submit an application to the Attorney
General at such time, in such manner, and accompanied
by or containing such information as the Attorney
General shall reasonably require.
(B) Date for submission.--Applications submitted
pursuant to subparagraph (A) shall be submitted during
the 60-day period beginning on a date that the Attorney
General shall prescribe.
(C) Requirements.--A State, local, or Tribal law
enforcement agency applying for a grant under this
subsection shall--
(i) describe the extraordinary purposes for
which the grant is needed;
(ii) certify that the State, local
government, or Indian tribe lacks the resources
necessary to investigate or prosecute the hate
crime;
(iii) demonstrate that, in developing a
plan to implement the grant, the State, local,
or Tribal law enforcement agency has consulted
and coordinated with nonprofit, nongovernmental
violence recovery service programs that have
experience in providing services to victims of
hate crimes; and
(iv) certify that any Federal funds
received under this subsection will be used to
supplement, not supplant, non-Federal funds
that would otherwise be available for
activities funded under this subsection.
(4) Deadline.--An application for a grant under this
subsection shall be approved or denied by the Attorney General
not later than 180 business days after the date on which the
Attorney General receives the application.
(5) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single jurisdiction in any 1-year
period.
(6) Report.--Not later than December 31, 2011, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this subsection, the
award of such grants, and the purposes for which the grant
amounts were expended.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2010 and 2011.
SEC. 4. GRANT PROGRAM.
(a) Authority To Award Grants.--The Office of Justice Programs of
the Department of Justice may award grants, in accordance with such
regulations as the Attorney General may prescribe, to State, local, or
tribal programs designed to combat hate crimes committed by juveniles,
including programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL,
AND TRIBAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of
Justice, including the Community Relations Service, for fiscal years
2010, 2011, and 2012, such sums as are necessary to increase the number
of personnel to prevent and respond to alleged violations of section
249 of title 18, United States Code, as added by section 7 of this Act.
SEC. 6. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 249. Hate crime acts
``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, a dangerous
weapon, or an explosive or incendiary device, attempts to cause
bodily injury to any person, because of the actual or perceived
race, color, religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or
for life, fined in accordance with this title, or both,
if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an
attempt to kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual abuse,
or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, gender identity,
or disability.--
``(A) In general.--Whoever, whether or not acting
under color of law, in any circumstance described in
subparagraph (B), willfully causes bodily injury to any
person or, through the use of fire, a firearm, a
dangerouse weapon, or an explosive or incendiary
device, attempts to cause bodily injury to any person,
because of the actual or perceived religion, national
origin, gender, sexual orientation, gender identity, or
disability of any person--
``(i) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
``(ii) shall be imprisoned for any term of
years or for life, fined in accordance with
this title, or both, if--
``(I) death results from the
offense; or
``(II) the offense includes
kidnaping or an attempt to kidnap,
aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or
an attempt to kill.
``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph
(A) occurs during the course of, or as the
result of, the travel of the defendant or the
victim--
``(I) across a State line or
national border; or
``(II) using a channel, facility,
or instrumentality of interstate or
foreign commerce;
``(ii) the defendant uses a channel,
facility, or instrumentality of interstate or
foreign commerce in connection with the conduct
described in subparagraph (A);
``(iii) in connection with the conduct
described in subparagraph (A), the defendant
employs a firearm, explosive or incendiary
device, or other weapon that has traveled in
interstate or foreign commerce; or
``(iv) the conduct described in
subparagraph (A)--
``(I) interferes with commercial or
other economic activity in which the
victim is engaged at the time of the
conduct; or
``(II) otherwise affects interstate
or foreign commerce.
``(3) Additional federal nexus for offense.--Whoever, in
the special maritime or territorial jurisdiction of the United
States, or in Indian country, engages in conduct described in
paragraph (1) or in paragraph (2)(A) (without regard to whether
that conduct occurred in a circumstance described in paragraph
(2)(B)) shall be subject to the same penalties as those
provided for offenses under those paragraphs.
``(b) Certification Requirement.--No prosecution of any offense
described in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General specially designated by the Attorney General
that--
``(1) such certifying individual has reasonable cause to
believe that the actual or perceived race, color, religion,
national origin, gender, sexual orientation, gender identity,
or disability of any person was a motivating factor underlying
the alleged conduct of the defendant; and
``(2) such certifying individual has consulted with State
or local law enforcement officials regarding the prosecution
and determined that--
``(A) the State does not have jurisdiction or does
not intend to exercise jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the State does not object to the Federal
Government assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence.
``(c) Definitions.--
``(1) In this section--
``(A) the term `explosive or incendiary device' has
the meaning given such term in section 232 of this
title;
``(B) the term `firearm' has the meaning given such
term in section 921(a) of this title; and
``(C) the term `State' includes the District of
Columbia, Puerto Rico, and any other territory or
possession of the United States.
``(2) For the purposes of this chapter, the term `gender
identity' means actual or perceived gender-related
characteristics.
``(d) Statute of Limitations.--
``(1) Offenses not resulting in death.--Except as provided
in paragraph (2), no person shall be prosecuted, tried, or
punished for any offense under this section unless the
indictment for such offense is found, or the information for
such offense is instituted, not later than 7 years after the
date on which the offense was committed.
``(2) Death resulting offenses.--An indictment or
information alleging that an offense under this section
resulted in death may be found or instituted at any time
without limitation.
``(e) Rule of Evidence.--In a prosecution for an offense under this
section, evidence of expression or associations of the defendant may
not be introduced as substantive evidence at trial, unless the evidence
specifically relates to that offense. However, nothing in this section
affects the rules of evidence governing impeachment of a witness.''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 13 of title 18, United States Code, is amended
by adding at the end the following new item:
``249. Hate crime acts.''.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to prohibit any expressive conduct protected from legal
prohibition by, or any activities protected by, the Constitution.
Passed the House of Representatives April 29, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Local Law Enforcement Hate Crimes Prevention Act of 2009 - (Sec. 2) Adopts the definition of "hate crime" as set forth in the Violent Crime Control and Law Enforcement Act of 1994 (i.e., a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person).
(Sec. 3) Authorizes the Attorney General, at the request of a state, local, or tribal law enforcement agency, to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of a violent crime, a hate crime, or a crime that constitutes a felony under state, local, or tribal law. Directs the Attorney General, in providing such assistance, to give priority to cases involving crimes committed in more than one state and to rural jurisdictions that have difficulty covering extraordinary investigation or prosecution expenses.
Authorizes the Attorney General to award grants to state, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. Requires the Office of Justice Programs of the Department of Justice (DOJ) to work with grantees to address the needs and concerns of all affected parties in implementing grants. Sets forth requirements governing the submission and approval of grant applications. Limits the amount of any grant to $100,000 for any single jurisdiction in any one-year period.
Requires the Attorney General to: (1) approve or deny a grant application within 180 days after receipt of such application; and (2) report to Congress by December 31, 2011, on the grant program.
Authorizes appropriations for FY2010-FY2011.
(Sec. 4) Authorizes the Office of Justice Programs to award grants to combat hate crimes committed by juveniles. Authorizes appropriations.
(Sec. 5) Authorizes appropriations for FY2010-FY2012 to increase DOJ personnel to assist state, local, and tribal law enforcement agencies in combating hate crimes.
(Sec. 6) Amends the federal criminal code to prohibit willfully causing bodily injury to any person through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person. Imposes a fine and/or prison term of up to 10 years for violations and a life term if a death results from a violation or certain other violent crimes are involved. Requires the Attorney General or other designated DOJ official to certify certain findings before initiating a prosecution for a hate crime. Sets a seven-year statute of limitations on prosecuting such an offense not resulting in death. Prohibits the admission of evidence as substantive evidence in a hate crime prosecution of the expression or associations of a defendant unless the evidence specifically relates to the hate crime offense.
(Sec. 7) Provides that any provision of this Act that is held to be unconstitutional shall be severable from the remaining provisions of this Act.
(Sec. 8) Declares that nothing in this Act shall be construed to prohibit the exercise of constitutionally-protected free speech. | {"src": "billsum_train", "title": "To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes."} | 2,907 | 760 | 0.738056 | 2.474839 | 0.676261 | 3.455118 | 4.215748 | 0.888189 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agriculture Competition Enhancement
Act of 2001''.
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. | Agriculture Competition Enhancement Act of 2001 - Makes it unlawful for a business purchaser of livestock, poultry, or a basic agricultural commodity for (wholesale) resale, either unprocessed or processed, to acquire the voting assets of any person if: (1) the total amount of such assets or annual sales of each person exceeds specified limits; and (2) such acquisition would reduce competition so as have a negative effect on prices paid to producers. 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. Subjects such actions to specified enforcement provisions of the Clayton Act. Directs the Attorney General to establish in the Department of Justice an Office of Special Counsel for Agriculture to handle agricultural antitrust issues. 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": "To prohibit excessive concentration resulting from mergers among certain purchasers, processors, and sellers of livestock, poultry, and basic agricultural commodities; to require the Attorney General to establish an Office of Special Counsel for Agriculture, and for other purposes."} | 1,220 | 259 | 0.654008 | 2.105206 | 0.965357 | 3.506667 | 5.088889 | 0.893333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Spyware (I-SPY) Prevention
Act of 2004''.
SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVITIES RELATING TO
COMPUTERS.
(a) In General.--Chapter 47 of title 18, United States Code, 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;
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, United States Code, 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 2005 through 2008, the sum of $10,000,000 to
the Attorney General for prosecutions needed to discourage the use of
spyware and the practice commonly called phishing.
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.
(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 scams.
Passed the House of Representatives October 7, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Internet Spyware (I-SPY) Prevention Act of 2004 - 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.
Authorizes appropriations for each of FY 2005 through 2008 to the Attorney General for prosecutions needed to discourage the use of spyware (i.e., software that aids in gathering and sending information about a person or organization, or in asserting control over their computer, without their knowledge or consent) and the practice called phishing (i.e., using the websites of, or e-mails that appear to be sent from, well known legitimate businesses to deceive Internet users into revealing personal information that can be used to defraud those users).
Expresses the sense of Congress that the Department of Justice should use this Act and all other available tools to vigorously prosecute those who use spyware to commit crimes and those that conduct phishing scams. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to discourage spyware, and for other purposes."} | 1,068 | 378 | 0.651708 | 2.060277 | 0.824233 | 3.98125 | 3.00625 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geothermal Production Expansion Act
of 2013''.
SEC. 2. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF
GEOTHERMAL RESOURCES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
``(4) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term
`fair market value per acre' means a dollar
amount per acre that--
``(I) except as provided in this
clause, shall be equal to the market
value per acre (taking into account the
determination under subparagraph
(B)(iii) regarding a valid discovery on
the adjoining land) as determined by
the Secretary under regulations issued
under this paragraph;
``(II) shall be determined by the
Secretary with respect to a lease under
this paragraph, by not later than the
end of the 180-day period beginning on
the date the Secretary receives an
application for the lease; and
``(III) shall be not less than the
greater of--
``(aa) 4 times the median
amount paid per acre for all
land leased under this Act
during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term
`industry standards' means the standards by
which a qualified geothermal professional
assesses whether downhole or flowing
temperature measurements with indications of
permeability are sufficient to produce energy
from geothermal resources, as determined
through flow or injection testing or
measurement of lost circulation while drilling.
``(iii) Qualified federal land.--The term
`qualified Federal land' means land that is
otherwise available for leasing under this Act.
``(iv) Qualified geothermal professional.--
The term `qualified geothermal professional'
means an individual who is an engineer or
geoscientist in good professional standing with
at least 5 years of experience in geothermal
exploration, development, or project
assessment.
``(v) Qualified lessee.--The term
`qualified lessee' means a person that may hold
a geothermal lease under this Act (including
applicable regulations).
``(vi) Valid discovery.--The term `valid
discovery' means a discovery of a geothermal
resource by a new or existing slim hole or
production well, that exhibits downhole or
flowing temperature measurements with
indications of permeability that are sufficient
to meet industry standards.
``(B) Authority.--An area of qualified Federal land
that adjoins other land for which a qualified lessee
holds a legal right to develop geothermal resources may
be available for a noncompetitive lease under this
section to the qualified lessee at the fair market
value per acre, if--
``(i) the area of qualified Federal land--
``(I) consists of not less than 1
acre and not more than 640 acres; and
``(II) is not already leased under
this Act or nominated to be leased
under subsection (a);
``(ii) the qualified lessee has not
previously received a noncompetitive lease
under this paragraph in connection with the
valid discovery for which data has been
submitted under clause (iii)(I); and
``(iii) sufficient geological and other
technical data prepared by a qualified
geothermal professional has been submitted by
the qualified lessee to the applicable Federal
land management agency that would lead
individuals who are experienced in the subject
matter to believe that--
``(I) there is a valid discovery of
geothermal resources on the land for
which the qualified lessee holds the
legal right to develop geothermal
resources; and
``(II) that thermal feature extends
into the adjoining areas.
``(C) Determination of fair market value.--
``(i) In general.--The Secretary shall--
``(I) publish a notice of any
request to lease land under this
paragraph;
``(II) determine fair market value
for purposes of this paragraph in
accordance with procedures for making
those determinations that are
established by regulations issued by
the Secretary;
``(III) provide to a qualified
lessee and publish, with an opportunity
for public comment for a period of 30
days, any proposed determination under
this subparagraph of the fair market
value of an area that the qualified
lessee seeks to lease under this
paragraph; and
``(IV) provide to the qualified
lessee and any adversely affected party
the opportunity to appeal the final
determination of fair market value in
an administrative proceeding before the
applicable Federal land management
agency, in accordance with applicable
law (including regulations).
``(ii) Limitation on nomination.--After
publication of a notice of request to lease
land under this paragraph, the Secretary may
not accept under subsection (a) any nomination
of the land for leasing unless the request has
been denied or withdrawn.
``(iii) Annual rental.--For purposes of
section 5(a)(3), a lease awarded under this
paragraph shall be considered a lease awarded
in a competitive lease sale.
``(D) Regulations.--Not later than 270 days after
the date of enactment of the Geothermal Production
Expansion Act of 2013, the Secretary shall issue
regulations to carry out this paragraph.''. | Geothermal Production Expansion Act of 2013 - Amends competitive lease provisions of the Geothermal Steam Act of 1970 to allow an area of qualified federal land (land that is otherwise available for leasing under that Act) that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources to be available for a noncompetitive lease to such lessee at fair market value per acre if: (1) the area of qualified federal land consists of not less than one acre and not more than 640 acres and is not already leased or nominated to be leased, (2) the qualified lessee has not previously received a noncompetitive lease in connection with the valid discovery for which data has been submitted, and (3) sufficient technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable federal land management agency that would lead individuals who are experienced in the subject matter to believe that there is a valid discovery of geothermal resources on the land and that such thermal feature extends into the adjoining areas. Defines "fair market value per acre" as a dollar amount per acre that shall be: (1) equal to the market value per acre as determined by the Secretary of the Interior within 180 days after the Secretary receives an application for a lease, and (2) not less than the greater of 4 times the median amount paid per acre for all land leased under such Act during the preceding year or $50. Directs the Secretary to: (1) publish a notice of any request for such a lease; (2) determine fair market value in accordance with procedures established by the Secretary; (3) provide to a qualified lessee and publish, with an opportunity for public comment for a period of 30 days, any proposed determination of the fair market value of the area the qualified lessee seeks to lease; and (4) provide the lessee and any adversely affected party an opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable federal land management agency. Prohibits the Secretary from accepting any nomination of land for leasing after publication of a notice of request to lease such land unless the request has been denied or withdrawn. | {"src": "billsum_train", "title": "Geothermal Production Expansion Act of 2013"} | 1,244 | 481 | 0.68649 | 2.277437 | 0.778337 | 4.117225 | 2.648325 | 0.949761 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Allowance Modernization
Act of 2017''.
SEC. 2. AMENDMENTS.
(a) Former Presidents.--The first section of the Act entitled ``An
Act to provide retirement, clerical assistants, and free mailing
privileges to former Presidents of the United States, and for other
purposes'', approved August 25, 1958 (commonly known as the ``Former
Presidents Act of 1958'') (3 U.S.C. 102 note), is amended--
(1) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively;
(2) by striking the matter preceding subsection (e) and
inserting the following:
``(a) Annuities and Allowances.--
``(1) Annuity.--Each former President shall be entitled to
receive from the United States an annuity, subject to
subsections (b) and (c)--
``(A) at the rate of $200,000 per year; and
``(B) which shall commence on the day after the
date on which an individual becomes a former President.
``(2) Allowance.--The General Services Administration is
authorized to provide each former President a monetary
allowance, subject to appropriations and subsections (b), (c),
and (d), at the rate of--
``(A) $500,000 per year for 5 years beginning on
the day after the last day of the period described in
the first sentence of section 5 of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note);
``(B) $350,000 per year for the 5 years following
the 5-year period under subparagraph (A); and
``(C) $250,000 per year thereafter.
``(b) Duration; Frequency.--
``(1) In general.--The annuity and monetary allowance under
subsection (a) shall--
``(A) terminate on the date that is 30 days after
the date on which the former President dies; and
``(B) be payable by the Secretary of the Treasury
on a monthly basis.
``(2) Appointive or elective positions.--The annuity and
monetary allowance under subsection (a) shall not be payable
for any period during which a former President holds an
appointive or elective position in or under the Federal
Government to which is attached a rate of pay other than a
nominal rate.
``(c) Cost-of-Living Increases.--Effective December 1 of each year,
each annuity and monetary allowance under subsection (a) that commenced
before that date shall be increased by the same percentage by which
benefit amounts under title II of the Social Security Act (42 U.S.C.
401 et seq.) are increased, effective as of that date, as a result of a
determination under section 215(i) of that Act (42 U.S.C. 415(i)).
``(d) Limitation on Monetary Allowance.--
``(1) In general.--Notwithstanding any other provision of
this section, the monetary allowance payable under subsection
(a)(2) to a former President for any 12-month period--
``(A) except as provided in subparagraph (B), may
not exceed the amount by which--
``(i) the monetary allowance that (but for
this subsection) would otherwise be so payable
for the 12-month period, exceeds (if at all)
``(ii) the applicable reduction amount for
the 12-month period; and
``(B) shall not be less than the amount determined
under paragraph (4).
``(2) Definition.--
``(A) In general.--For purposes of paragraph (1),
the term `applicable reduction amount' means, with
respect to any former President and in connection with
any 12-month period, the amount by which--
``(i) the earned income (as defined in
section 32(c)(2) of the Internal Revenue Code
of 1986) of the former President for the most
recent taxable year for which a tax return is
available, exceeds (if at all)
``(ii) $400,000, subject to subparagraph
(C).
``(B) Joint returns.--In the case of a joint
return, subparagraph (A)(i) shall be applied by taking
into account both the amounts properly allocable to the
former President and the amounts properly allocable to
the spouse of the former President.
``(C) Cost-of-living increases.--The dollar amount
specified in subparagraph (A)(ii) shall be adjusted at
the same time that, and by the same percentage by
which, the monetary allowance of the former President
is increased under subsection (c) (disregarding this
subsection).
``(3) Disclosure requirement.--
``(A) Definitions.--In this paragraph--
``(i) the terms `return' and `return
information' have the meanings given those
terms in section 6103(b) of the Internal
Revenue Code of 1986; and
``(ii) the term `Secretary' means the
Secretary of the Treasury or the Secretary of
the Treasury's delegate.
``(B) Requirement.--A former President may not
receive a monetary allowance under subsection (a)(2)
unless the former President discloses to the Secretary,
upon the request of the Secretary, any return or return
information of the former President or spouse of the
former President that the Secretary determines is
necessary for purposes of calculating the applicable
reduction amount under paragraph (2) of this
subsection.
``(C) Confidentiality.--Except as provided in
section 6103 of the Internal Revenue Code of 1986 and
notwithstanding any other provision of law, the
Secretary may not, with respect to a return or return
information disclosed to the Secretary under
subparagraph (B)--
``(i) disclose the return or return
information to any entity or person; or
``(ii) use the return or return information
for any purpose other than to calculate the
applicable reduction amount under paragraph
(2).
``(4) Increased costs due to security needs.--With respect
to the monetary allowance that would be payable to a former
President under subsection (a)(2) for any 12-month period but
for the limitation under paragraph (1) of this subsection, the
Administrator of General Services, in coordination with the
Director of the United States Secret Service, shall determine
the amount of the monetary allowance that is needed to pay the
increased cost of doing business that is attributable to the
security needs of the former President.'';
(3) by inserting after subsection (e) the following:
``(f) Office Staff.--
``(1) In general.--The Administrator of General Services
shall, without regard to the civil service and classification
laws, provide for each former President an office staff of not
more than 13 individuals, at the request of the former
President, on a reimbursable basis.
``(2) Compensation.--The annual rate of compensation
payable to any individual under paragraph (1) shall not exceed
the highest annual rate of basic pay for positions at level II
of the Executive Schedule under section 5313 of title 5, United
States Code.
``(3) Selection; responsibility.--An individual employed
under this subsection--
``(A) shall be selected by the former President;
and
``(B) shall be responsible only to the former
President for the performance of duties.
``(g) Office Space and Related Furnishings and Equipment.--
``(1) Office space.--The Administrator of General Services
(referred to in this subsection as the `Administrator') shall,
at the request of a former President, on a reimbursable basis
provide for the former President suitable office space, as
determined by the Administrator, at a place within the United
States specified by the former President.
``(2) Furnishings and equipment.--
``(A) Reimbursable.--The Administrator may, at the
request of a former President, provide the former
President with suitable office furnishings and
equipment on a reimbursable basis.
``(B) Without reimbursement.--
``(i) Grandfathered former presidents.--In
the case of any individual who is a former
President on the date of enactment of the
Presidential Allowance Modernization Act of
2017, the former President may retain without
reimbursement any furniture and equipment in
the possession of the former President.
``(ii) Presidential transition act.--A
former President may retain without
reimbursement any furniture or equipment
acquired under section 5 of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note).
``(iii) Excess furniture and equipment.--
The Administrator may provide excess furniture
and equipment to the office of a former
President at no cost other than necessary
transportation costs.''; and
(4) by adding at the end the following:
``(j) Applicability.--Subsections (f), (g) (other than paragraph
(2)(B)(i) of that subsection), and (i) shall apply with respect to a
former President on and after the day after the last day of the period
described in the first sentence of section 5 of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note).''.
(b) Surviving Spouses of Former Presidents.--
(1) Increase in amount of monetary allowance.--Subsection
(e) of the first section of the Former Presidents Act of 1958
is amended--
(A) in the first sentence, by striking ``$20,000
per annum,'' and inserting ``$100,000 per year (subject
to paragraph (4)),''; and
(B) in the second sentence--
(i) in paragraph (2), by striking ``and''
at the end;
(ii) in paragraph (3)--
(I) by striking ``or the government
of the District of Columbia''; and
(II) by striking the period and
inserting ``; and''; and
(iii) by inserting after paragraph (3) the
following:
``(4) shall, after its commencement date, be increased at
the same time that, and by the same percentage by which,
annuities of former Presidents are increased under subsection
(c).''.
(2) Coverage of widower of a former president.--Subsection
(e) of the first section of the Former Presidents Act of 1958,
as amended by paragraph (1), is amended--
(A) by striking ``widow'' each place it appears and
inserting ``widow or widower''; and
(B) by striking ``she'' and inserting ``she or
he''.
(c) Subsection Headings.--The first section of the Former
Presidents Act of 1958 is amended--
(1) in subsection (e), by inserting after the subsection
enumerator the following: ``Widows and Widowers.--'';
(2) in subsection (h) (as redesignated by subsection
(a)(1)), by inserting after the subsection enumerator the
following: ``Definition.--''; and
(3) in subsection (i) (as redesignated by subsection
(a)(1)), by inserting after the subsection enumerator the
following: ``Authorization of Appropriations.--''.
(d) Conforming Amendments.--
(1) Title 5.--Subpart G of part III of title 5, United
States Code, is amended--
(A) in section 8101(1)(E), by striking ``1(b)'' and
inserting ``1(f)'';
(B) in section 8331(1)(I), by striking ``1(b)'' and
inserting ``1(f)'';
(C) in section 8701(a)(9), by striking ``1(b)'' and
inserting ``1(f)''; and
(D) in section 8901(1)(H) by striking ``1(b)'' and
inserting ``1(f)''.
(2) Presidential transition act of 1963.--Section 5 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended by striking the last sentence.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act shall be
construed to affect--
(1) any provision of law relating to the security or
protection of a former President or a member of the family of a
former President;
(2) funding, under the Former Presidents Act of 1958 or any
other law, to carry out any provision of law described in
paragraph (1); or
(3) funding for any office space lease in effect on the day
before the date of enactment of this Act under subsection (c)
of the first section of the Former Presidents Act of 1958 (as
in effect on the day before the date of enactment of this Act)
until the expiration date contained in the lease, if the lease
was submitted to the Committee on Oversight and Government
Reform of the House of Representatives on April 12, 2017.
SEC. 4. TRANSITION RULES.
(a) Former Presidents.--In the case of any individual who is a
former President on the date of enactment of this Act, the amendments
made by section 2(a) shall be applied as if the commencement date
referred in subsections (a)(1)(B) and (a)(2)(A) of the first section of
the Former Presidents Act of 1958, as amended by section 2(a),
coincided with the date that is 180 days after the date of enactment of
this Act.
(b) Widows.--In the case of any individual who is the widow of a
former President on the date of enactment of this Act, the amendments
made by section 2(b)(1) shall be applied as if the commencement date
referred to in subsection (e)(1) of the first section of the Former
Presidents Act of 1958, as amended by section 2(b)(1), coincided with
the date that is 180 days after the date of enactment of this Act.
SEC. 5. APPLICABILITY.
For a former President receiving a monetary allowance under the
Former Presidents Act of 1958 on the day before the date of enactment
of this Act, the limitation under subsection (d)(1) of the first
section of that Act, as amended by section 2(a), shall apply to the
monetary allowance of the former President, except to the extent that
the application of the limitation would prevent the former President
from being able to pay the cost of a lease or other contract that is in
effect on the day before the date of enactment of this Act and under
which the former President makes payments using the monetary allowance,
as determined by the Administrator of General Services.
Passed the House of Representatives November 13, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Presidential Allowance Modernization Act of 2017 (Sec. 2) This bill amends the Former Presidents Act of 1958 to to revise provisions governing the compensation provided to a former President. Each former President shall receive from the United States an annuity of $200,000 per year. The General Services Administration (GSA) is authorized to provide each former President a monetary allowance of $500,000 per year for five years beginning six months after the expiration of his or her term, $350,000 per year for the next five years, and $250,000 per year thereafter. Such annuity and allowance shall be increased each year by the same percentage as Social Security benefits. Such allowance shall be reduced by the amount the former President's earned income exceeds $400,000. The bill: (1) limits the office staff provided for each former President to not more than 13 individuals, and (2) requires that suitable office space for a former President be provided on a reimbursable basis. The increases from $20,000 per year to $100,000 per year, and provides for cost-of-living adjustments to, the monetary allowance amount for surviving spouses of former Presidents. | {"src": "billsum_train", "title": "Presidential Allowance Modernization Act of 2017"} | 3,371 | 242 | 0.657818 | 1.89869 | 0.824306 | 3.055046 | 13.876147 | 0.889908 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Endangered Species
Land Management Reform Act''.
(b) References to Endangered Species Act of 1973.--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 that section or provision of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
SEC. 2. RIGHT TO COMPENSATION.
(a) In General.--Section 13 (87 Stat. 902) is amended to read as
follows:
``right to compensation
``Sec. 13. (a) Prohibition.--No agency may take an action under
this Act affecting privately owned property that results in the
diminishment of the value of any portion of that property by an amount
equal to or greater than 50 percent of the value of that portion unless
compensation is offered in accordance with this section.
``(b) Compensation for Diminishment.--Any agency that takes an
action referred to in subsection (a)--
``(1) shall compensate the property owner for the
diminution in value of any portion of that property resulting
from the action; or
``(2) at the option of the owner, shall buy that portion of
the property by paying the fair market value of the portion,
determined based on the value of the property before the
diminution and without regard to the presence on the property
of a species listed under section 4(c), or the use of the
property by such a species.
``(c) Request of Owner.--A property owner seeking compensation
under this section shall make a written request for compensation to the
agency whose action would limit the otherwise lawful use of property.
The request shall, at a minimum, identify the affected portion of the
property, the nature of the diminution, and the amount of compensation
claimed.
``(d) Choice of Remedies.--If the parties have not reached an
agreement on compensation within 180 days after the written request is
made, the owner may elect binding arbitration through alternative
dispute resolution or seek compensation due under this section in a
civil action. The parties may by mutual agreement extend the period of
negotiation on compensation beyond the 180-day period without loss of
remedy to the owner under this section. In the event the extension
period lapses the owner may elect binding arbitration through
alternative dispute resolution or seek compensation due under this
section in a civil action.
``(e) Alternative Dispute Resolution.--
``(1) In general.--In the administration of this section--
``(A) arbitration procedures shall be in accordance
with the alternative dispute resolution procedures
established by the American Arbitration Association;
and
``(B) in no event shall arbitration be a condition
precedent or an administrative procedure to be
exhausted before the filing of a civil action under
this section.
``(2) Review of arbitration.--
``(A) Appeal of decision.--Appeal from arbitration
decisions shall be to the United States District Court
for the district in which the property is located or
the United States Court of Federal Claims in the manner
prescribed by law for the claim under this section.
``(B) Rules of enforcement of award.--The
provisions of title 9, United States Code (relating to
arbitration), shall apply to enforcement of awards
rendered under this section.
``(f) Civil Action.--An owner who prevails in a civil action
against any agency pursuant to this section shall be entitled to, and
such agency shall be liable for, just compensation, plus reasonable
attorney's fees and other litigation costs, including appraisal fees.
``(g) Source of Payments.--Any payment made under this section
shall be paid from the responsible agency's annual appropriation
supporting the agency's activities giving rise to the claim for
compensation. If insufficient funds are available to the agency in the
fiscal year in which the award becomes final the agency shall pay the
award from appropriations available in the next fiscal year.
``(h) Definitions.--For the purposes of this section--
``(1) the term `agency' has the meaning given that term in
section 551 of title 5, United States Code;
``(2) the term `agency action' means any action or decision
taken by any agency that at the time of such action or decision
adversely affects private property rights;
``(3) the term `fair market value' means the likely price
at which property would change hands, in a competitive and open
market under all conditions requisite to fair sale, between a
willing buyer and willing seller, neither being under any
compulsion to buy or sell and both having reasonable knowledge
of relevant facts, prior to occurrence of the agency action;
``(4) the term `just compensation'--
``(A) means compensation equal to the full extent
of a property owner's loss, including the fair market
value of the private property taken, whether the taking
is by physical occupation or through regulation, exaction, or other
means; and
``(B) shall include compounded interest calculated
from the date of the taking until the date the United
States tenders payment;
``(5) the term `owner' means the owner or possessor of
property or rights in property at the time the taking occurs,
including when--
``(A) the statute, regulation, rule, order,
guideline, policy, or action is passed or promulgated;
or
``(B) the permit, license, authorization, or
governmental permission is denied or suspended;
``(6) the term `property' means land, an interest in land,
proprietary water rights, and any personal property that is
subject to use by the Federal Government or to a restriction on
use;
``(7) the term `private property' or `property' means all
interests constituting real property, as defined by Federal or
State law, protected under the fifth amendment to the United
States Constitution, any applicable Federal or State law, or
this section, and more specifically constituting--
``(A) real property, whether vested or unvested,
including--
``(i) estates in fee, life estates, estates
for years, or otherwise;
``(ii) inchoate interests in real property
such as remainders and future interests;
``(iii) personalty that is affixed to or
appurtenant to real property;
``(iv) easements;
``(v) leaseholds;
``(vi) recorded liens; and
``(vii) contracts or other security
interests in, or related to, real property;
``(B) the right to use water or the right to
receive water, including any recorded liens on such
water right; or
``(C) rents, issues, and profits of land, including
minerals, timber, fodder, crops, oil and gas, coal, or
geothermal energy.''.
(b) Conforming Amendment.--The table of contents at the end of the
first section is amended by striking the item relating to section 13
and inserting the following:
``Sec. 13. Right to compensation.''.
SEC. 3. SPECIES CONSERVATION TRUST FUND.
(a) Establishment.--Section 14 (87 Stat. 903) is amended to read as
follows:
``species conservation fund
``Sec. 14. (a) Establishment of Fund.--There is established in the
Treasury a separate account, which shall be known as the Species
Conservation Fund (in this section referred to as the `Fund').
``(b) Contents.--The Fund shall consist of such amounts as are
appropriated to the Fund.
``(c) Use.--Amounts in the Fund shall be available to the
Secretary, without further appropriation, to carry out projects on
privately owned land to conserve species included in lists published
under section 4(c) and their habitats, including for acquiring real
property, waters, or interests therein.''.
(b) Conforming Amendment.--The table of contents at the end of the
first section is amended by striking the item relating to section 14
and inserting the following:
``Sec. 14. Species Conservation Fund.''.
SEC. 4. LIMITATION ON MITIGATION REQUIREMENTS.
Section 10 (16 U.S.C. 1539) is amended by adding at the end the
following:
``(k) Limitation on Mitigation Requirements.--(1) If the Secretary
requires that mitigation be carried out as a condition of any approval
or other action by the Secretary under any provision of this Act with
respect to an activity, then the scope and scale of mitigation required
may not exceed the scope and scale of the activity for which mitigation
is required.
``(2) With respect to activities affecting land--
``(A) the area of land on which the mitigation is required
may not exceed the area of land subject to impacts for which
mitigation is required; and
``(B) the mitigation required may not require expenditures
greater than the cost of fencing and preserving the current
condition of the land on which the activity is conducted.''. | Endangered Species Land Management Reform Act - Amends the Endangered Species Act of 1973 to prohibit a Federal agency from taking an action affecting privately owned property that results in the diminishment of the value of any portion of property by an amount equal to or greater than half of the value of that portion unless compensation is offered.
Provides for any agency that takes such an action to: (1) compensate the property owner for the diminution in value of any portion of that property resulting from the action; or (2) at the owner's option, buy that portion of the property by paying fair market value of the portion, based on the property's value before the diminution and without regard to the presence on the property of an endangered or threatened species, or the use of the property by such a species.
Requires a property owner seeking compensation to make a written request for compensation to the agency whose action would limit otherwise lawful use of the property. Permits such an owner to elect arbitration through alternative dispute resolution or seek compensation due in a civil action if the parties have not reached an agreement on compensation within 180 days after the written request is made. Entitles an owner who prevails in a civil action against any agency to, and makes such agency liable for, just compensation, plus reasonable attorney's fees and other litigation costs, including appraisal fees.
Establishes in the Treasury the Species Conservation Fund to consist of such amounts as are appropriated to the Fund. Provides for amounts in the Fund to be available, without further appropriation, to carry out projects on privately owned land to conserve endangered or threatened species and their habitats, including for acquiring real property, waters, or interests.
Sets a limitation on mitigation requirements. | {"src": "billsum_train", "title": "Endangered Species Land Management Reform Act"} | 2,057 | 378 | 0.683689 | 2.167284 | 0.88574 | 5.264881 | 5.705357 | 0.955357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Energy Innovation
Capabilities Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advanced fission reactor.--The term ``advanced fission
reactor'' means a nuclear fission reactor with significant
improvements over the most recent generation of nuclear
reactors, including improvements such as--
(A) inherent safety features;
(B) lower waste yields;
(C) greater fuel utilization;
(D) superior reliability;
(E) resistance to proliferation;
(F) increased thermal efficiency; and
(G) ability to integrate into electric and
nonelectric applications.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Fast neutron.--The term ``fast neutron'' means a
neutron with kinetic energy above 100 kiloelectron volts.
(4) National laboratory.--
(A) In general.--Except as provided in subparagraph
(B), the term ``National Laboratory'' has the meaning
given the term in section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801).
(B) Limitation.--With respect to the Lawrence
Livermore National Laboratory, the Los Alamos National
Laboratory, and the Sandia National Laboratories, the
term ``National Laboratory'' means only the civilian
activities of the laboratory.
(5) Neutron flux.--The term ``neutron flux'' means the
intensity of neutron radiation measured as a rate of flow of
neutrons applied over an area.
(6) Neutron source.--The term ``neutron source'' means a
research machine that provides neutron irradiation services
for--
(A) research on materials sciences and nuclear
physics; and
(B) testing of advanced materials, nuclear fuels,
and other related components for reactor systems.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. MISSION.
Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is
amended by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary shall conduct programs of civilian
nuclear research, development, demonstration, and commercial
application, including activities described in this subtitle, that take
into consideration the following objectives:
``(1) Providing research infrastructure--
``(A) to promote scientific progress; and
``(B) to enable users from academia, the National
Laboratories, and the private sector to make scientific
discoveries relevant for nuclear, chemical, and
materials science engineering.
``(2) Maintaining nuclear energy research and development
programs at the National Laboratories and institutions of
higher education, including programs of infrastructure of
National Laboratories and institutions of higher education.
``(3) Providing the technical means to reduce the
likelihood of nuclear weapons proliferation.
``(4) Ensuring public safety.
``(5) Reducing the environmental impact of nuclear energy-
related activities.
``(6) Supporting technology transfer from the National
Laboratories to the private sector.
``(7) Enabling the private sector to partner with the
National Laboratories to demonstrate novel reactor concepts for
the purpose of resolving technical uncertainty associated with
the objectives described in this subsection.''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) nuclear energy, through fission or fusion, represents
the highest energy density of any known attainable source and
yields low air emissions;
(2) nuclear energy is of national importance to scientific
progress, national security, electricity generation, heat
generation for industrial applications, and space exploration;
and
(3) considering the inherent complexity and regulatory
burden associated with nuclear energy, the Department should
focus civilian nuclear research and development activities of
the Department on programs that enable the private sector,
National Laboratories, and institutions of higher education to
carry out experiments to promote scientific progress and
enhance practical knowledge of nuclear engineering.
SEC. 5. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH.
(a) Modeling and Simulation Program.--
(1) In general.--The Secretary shall carry out a program to
enhance the capabilities of the United States to develop new
reactor technologies and related systems technologies through
high-performance computation modeling and simulation techniques
(referred to in this subsection as the ``program'').
(2) Coordination required.--In carrying out the program,
the Secretary shall coordinate with relevant Federal agencies
through the National Strategic Computing Initiative established
by Executive Order 13702 (80 Fed. Reg. 46177) (July 29, 2015).
(3) Objectives.--In carrying out the program, the Secretary
shall take into consideration the following objectives:
(A) Using expertise from the private sector,
institutions of higher education, and National
Laboratories to develop computational software and
capabilities that prospective users may access to
accelerate research and development of advanced fission
reactor systems, nuclear fusion systems, and reactor
systems for space exploration.
(B) Developing computational tools to simulate and
predict nuclear phenomena that may be validated through
physical experimentation.
(C) Increasing the utility of the research
infrastructure of the Department by coordinating with
the Advanced Scientific Computing Research program of
the Office of Science.
(D) Leveraging experience from the Energy
Innovation Hub for Modeling and Simulation.
(E) Ensuring that new experimental and
computational tools are accessible to relevant research
communities, including private companies engaged in
nuclear energy technology development.
(b) Supportive Research Activities.--The Secretary shall consider
support for additional research activities to maximize the utility of
the research facilities of the Department, including research--
(1) on physical processes to simulate degradation of
materials and behavior of fuel forms; and
(2) for validation of computational tools.
SEC. 6. VERSATILE NEUTRON SOURCE.
(a) Determination of Mission Need.--
(1) In general.--Not later than December 31, 2016, the
Secretary shall determine the mission need for a versatile
reactor-based fast neutron source, which shall operate as a
national user facility (referred to in this section as the
``user facility'').
(2) Consultation required.--In carrying out paragraph (1),
the Secretary shall consult with the private sector,
institutions of higher education, the National Laboratories,
and relevant Federal agencies to ensure that the user facility
will meet the research needs of the largest possible majority
of prospective users.
(b) Plan for Establishment.--On the determination of the mission
need under subsection (a), the Secretary, as expeditiously as
practicable, shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a detailed plan for the
establishment of the user facility (referred to in this section as the
``plan'').
(c) Deadline for Establishment.--The Secretary shall make every
effort to complete construction of, and approve the start of operations
for, the user facility by December 31, 2025.
(d) Facility Requirements.--
(1) Capabilities.--The Secretary shall ensure that the user
facility shall provide, at a minimum--
(A) fast neutron spectrum irradiation capability;
and
(B) capacity for upgrades to accommodate new or
expanded research needs.
(2) Considerations.--In carrying out the plan, the
Secretary shall consider--
(A) capabilities that support experimental high-
temperature testing;
(B) providing a source of fast neutrons--
(i) at a neutron flux that is higher than
the neutron flux at which research facilities
operate before establishment of the user
facility; and
(ii) sufficient to enable research for an
optimal base of prospective users;
(C) maximizing irradiation flexibility and
irradiation volume to accommodate as many concurrent
users as possible;
(D) capabilities for irradiation with neutrons of a
lower energy spectrum;
(E) multiple loops for fuels and materials testing
in different coolants; and
(F) additional pre-irradiation and post-irradiation
examination capabilities.
(e) Coordination.--In carrying out this section, the Secretary
shall leverage the best practices of the Office of Science for the
management, construction, and operation of national user facilities.
(f) Report.--The Secretary shall include in the annual budget
request of the Department an explanation for any delay in carrying out
this section.
SEC. 7. ENABLING NUCLEAR ENERGY INNOVATION.
(a) Establishment of National Nuclear Innovation Center.--The
Secretary may enter into a memorandum of understanding with the
Chairman of the Nuclear Regulatory Commission to establish a center to
be known as the ``National Nuclear Innovation Center'' (referred to in
this section as the ``Center'')--
(1) to enable the testing and demonstration of reactor
concepts to be proposed and funded, in whole or in part, by the
private sector;
(2) to establish and operate a database to store and share
data and knowledge on nuclear science between Federal agencies
and private industry; and
(3) to establish capabilities to develop and test reactor
electric and nonelectric integration and energy conversion
systems.
(b) Role of NRC.--In operating the Center, the Secretary shall--
(1) consult with the Nuclear Regulatory Commission on
safety issues; and
(2) permit staff of the Nuclear Regulatory Commission to
actively observe and learn about the technology being developed
at the Center.
(c) Objectives.--A reactor developed under subsection (a)(1) shall
have the following objectives:
(1) Enabling physical validation of fusion and advanced
fission experimental reactors at the National Laboratories or
other facilities of the Department.
(2) Resolving technical uncertainty and increase practical
knowledge relevant to safety, resilience, security, and
functionality of novel reactor concepts.
(3) Conducting general research and development to improve
novel reactor technologies.
(d) Use of Technical Expertise.--In operating the Center, the
Secretary shall leverage the technical expertise of relevant Federal
agencies and National Laboratories--
(1) to minimize the time required to carry out subsection
(c); and
(2) to ensure reasonable safety for individuals working at
the National Laboratories or other facilities of the Department
to carry out that subsection.
(e) Reporting Requirement.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
National Laboratories, relevant Federal agencies, and other
stakeholders, shall submit to the Committee on Energy and
Natural Resources and the Committee on Environment and Public
Works of the Senate and the Committee on Science, Space, and
Technology and the Committee on Energy and Commerce of the
House of Representatives a report assessing the capabilities of
the Department to authorize, host, and oversee privately
proposed and funded reactors (as described in subsection
(a)(1)).
(2) Contents.--The report shall address--
(A) the safety review and oversight capabilities of
the Department, including options to leverage expertise
from the Nuclear Regulatory Commission and the National
Laboratories;
(B) potential sites capable of hosting the
activities described in subsection (a);
(C) the efficacy of the available contractual
mechanisms of the Department to partner with the
private sector and other Federal agencies, including
cooperative research and development agreements,
strategic partnership projects, and agreements for
commercializing technology;
(D) how the Federal Government and the private
sector will address potential intellectual property
concerns;
(E) potential cost structures relating to physical
security, decommissioning, liability, and other long-
term project costs; and
(F) other challenges or considerations identified
by the Secretary.
SEC. 8. BUDGET PLAN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Science, Space,
and Technology of the House of Representatives 3 alternative 10-year
budget plans for civilian nuclear energy research and development by
the Department in accordance with subsection (b).
(b) Description of Plans.--
(1) In general.--The 3 alternative 10-year budget plans
submitted under subsection (a) shall be the following:
(A) A plan that assumes constant annual funding at
the level of appropriations for fiscal year 2016 for
the civilian nuclear energy research and development of
the Department, particularly for programs critical to
advanced nuclear projects and development.
(B) A plan that assumes 2 percent annual increases
to the level of appropriations described in
subparagraph (A).
(C) A plan that uses an unconstrained budget.
(2) Inclusions.--Each plan shall include--
(A) a prioritized list of the programs, projects,
and activities of the Department that best support the
development, licensing, and deployment of advanced
nuclear energy technologies;
(B) realistic budget requirements for the
Department to carry out sections 5, 6, and 7; and
(C) the justification of the Department for
continuing or terminating existing civilian nuclear
energy research and development programs.
SEC. 9. NUCLEAR REGULATORY COMMISSION REPORT.
Not later than December 31, 2016, the Chairman of the Nuclear
Regulatory Commission shall submit to the Committee on Energy and
Natural Resources and the Committee on Environment and Public Works of
the Senate and the Committee on Science, Space, and Technology and the
Committee on Energy and Commerce of the House of Representatives a
report describing--
(1) the extent to which the Nuclear Regulatory Commission
is capable of licensing advanced reactor designs that are
developed pursuant to this Act by the end of the 4-year period
beginning on the date on which an application is received under
part 50 or 52 of title 10, Code of Federal Regulations (or
successor regulations); and
(2) any organizational or institutional barriers the
Nuclear Regulatory Commission will need to overcome to be able
to license the advanced reactor designs that are developed
pursuant to this Act by the end of the 4-year period described
in paragraph (1). | Nuclear Energy Innovation Capabilities Act This bill amends the Energy Policy Act of 2005 to revise the objectives for the civilian nuclear energy research and development programs of the Department of Energy (DOE). DOE shall carry out a specified program to enhance U.S. capabilities to develop new reactor technologies and related systems technologies through high-performance computation modeling and simulation techniques. DOE shall: (1) determine the mission need for a versatile reactor-based fast neutron source, which shall operate as a national user facility; and (2) submit a plan to Congress for establishment of such a facility. DOE may enter into a memorandum of understanding with the Nuclear Regulatory Commission (NRC) to establish a National Nuclear Innovation Center that: enables the testing and demonstration of reactor concepts to be proposed and funded by the private sector, establishes and operates a database to store and share data and knowledge on nuclear science between federal agencies and private industry, and establishes capabilities to develop and test reactor electric and nonelectric integration and energy conversion systems. DOE shall submit to Congress three alternative 10-year budget plans for civilian nuclear energy research and development. The NRC shall report to Congress on: the extent to which it is capable of licensing advanced reactor designs developed under this bill by the end of a specified four-year period, and any organizational or institutional barriers it will need to overcome to be able to license such designs. | {"src": "billsum_train", "title": "Nuclear Energy Innovation Capabilities Act"} | 2,999 | 294 | 0.571215 | 1.54727 | 0.689427 | 4.32852 | 10.389892 | 0.891697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bankruptcy Judgeship Act of 2017''.
SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN CERTAIN
JUDICIAL DISTRICTS.
(a) Temporary Office of Bankruptcy Judges Authorized by the
Bankruptcy Judgeship Act of 2005.--Section 2(a)(2) of the Temporary
Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public
Law 112-121) is amended--
(1) in subparagraph (A), by striking ``and (H)'' and
inserting ``(H), (I), and (J)'';
(2) in subparagraph (C)--
(A) in clause (i), by striking ``6'' and inserting
``11''; and
(B) in clause (ii), by striking ``5'' and inserting
``10'';
(3) in subparagraph (D)(i), by striking ``6'' and inserting
``11'';
(4) by striking subparagraph (E) and inserting the
following:
``(E) District of maryland.--The 1st, 2d, and 3d
vacancies in the office of a bankruptcy judge for the
district of Maryland--
``(i) in the case of the 1st and 2d
vacancies, occurring more than 5 years after
the date of the enactment of this Act,
``(ii) in the case of the 3d vacancy,
occurring more than 10 years after the date of
enactment of this Act, and
``(iii) resulting from the death,
retirement, resignation, or removal of a
bankruptcy judge,
shall not be filled..'';
(5) in subparagraph (F)(i), by striking ``6'' and inserting
``11'';
(6) in subparagraph (G)(i), by striking ``6'' and inserting
``11'';
(7) in subparagraph (H)(i), by striking ``6'' and inserting
``11''; and
(8) by adding at the end the following:
``(I) District of nevada.--The 1st vacancy in the
office of a bankruptcy judge for the district of
Nevada--
``(i) occurring more than 10 years after
the date of the enactment of this Act, and
``(ii) resulting from the death,
retirement, resignation, or removal of a
bankruptcy judge,
shall not be filled.
``(J) Eastern district of north carolina.--The 1st
vacancy in the office of a bankruptcy judge for the
eastern district of North Carolina--
``(i) occurring more than 10 years after
the date of the enactment of this Act, and
``(ii) resulting from the death,
retirement, resignation, or removal of a
bankruptcy judge,
shall not be filled.''.
(b) Temporary Office of Bankruptcy Judges Authorized by the
Bankruptcy Judgeship Act of 1992.--Section 2(b)(2) of the Temporary
Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public
Law 112-121) is amended--
(1) in subparagraph (A)(i), by striking ``5'' and inserting
``10''; and
(2) in subparagraph (B)(i), by striking ``5'' and inserting
``10''.
SEC. 3. TEMPORARY OFFICE OF BANKRUPTCY JUDGE AUTHORIZED.
(a) Appointments.--The following bankruptcy judges shall be
appointed in the manner prescribed in section 152(a)(1) of title 28,
United States Code, for the appointment of bankruptcy judges provided
for in section 152(a)(2) of that title:
(1) Two additional bankruptcy judges for the district of
Delaware.
(2) One additional bankruptcy judge of the middle district
of Florida.
(3) One additional bankruptcy judge for the eastern
district of Michigan.
(b) Vacancies.--
(1) District of delaware.--The 6th and 7th vacancies in the
office of a bankruptcy judge for the district of Delaware--
(A) occurring more than 10 years after the date of
enactment of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note; Public Law
112-121); and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(2) Middle district of florida.--The 1st vacancy in the
office of a bankruptcy judge for the middle district of
Florida--
(A) occurring more than 5 years after the date of
enactment of this Act; and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
(3) Eastern district of michigan.--The 2d vacancy in the
office of a bankruptcy judge for the eastern district of
Michigan--
(A) occurring more than 11 years after the date of
enactment of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note; Public Law
112-121); and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
SEC. 4. BANKRUPTCY FEES.
(a) Amendments to Title 28 of the United States Code.--Section
1930(a)(6) of title 28, United States Code, is amended--
(1) by striking ``(6) In'' and inserting ``(6)(A) Except as
provided in subparagraph (B), in''; and
(2) by adding at the end the following:
``(B) During each of fiscal years 2018 through 2022, if the
balance in the United States Trustee System Fund as of
September 30 of the most recent full fiscal year is less than
$200,000,000, the quarterly fee payable for a quarter in which
disbursements equal or exceed $1,000,000 shall be the lesser of
1 percent of such disbursements or $250,000.''.
(b) Deposits of Certain Fees for Fiscal Years 2018 Through 2022.--
Notwithstanding section 589a(b) of title 28, United States Code, for
each of fiscal years 2018 through 2022--
(1) 98 percent of the fees collected under section
1930(a)(6) of such title shall be deposited as offsetting
collections to the appropriation ``United States Trustee System
Fund'', to remain available until expended; and
(2) 2 percent of the fees collected under section
1930(a)(6) of such title shall be deposited in the general fund
of the Treasury.
(c) Application of Amendments.--The amendments made by this section
shall apply to quarterly fees payable under section 1930(a)(6) of title
28, United States Code, as amended by this section, for disbursements
made in any calendar quarter that begins on or after the date of
enactment of this Act.
SEC. 5. CLARIFICATION OF RULE ALLOWING DISCHARGE TO GOVERNMENTAL CLAIMS
ARISING FROM THE DISPOSITION OF FARM ASSETS UNDER CHAPTER
12 BANKRUPTCIES.
(a) In General.--Subchapter II of chapter 12 of title 11, United
States Code, is amended by adding at the end the following:
``Sec. 1232. Claim by a governmental unit based on the disposition of
property used in a farming operation
``(a) Any unsecured claim of a governmental unit against the debtor
or the estate that arises before the filing of the petition, or that
arises after the filing of the petition and before the debtor's
discharge under section 1228, as a result of the sale, transfer,
exchange, or other disposition of any property used in the debtor's
farming operation--
``(1) shall be treated as an unsecured claim arising before
the date on which the petition is filed;
``(2) shall not be entitled to priority under section 507;
``(3) shall be provided for under a plan; and
``(4) shall be discharged in accordance with section 1228.
``(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and
1229(b)(1) to a claim described in subsection (a) of this section, the
amount that would be paid on such claim if the estate of the debtor
were liquidated in a case under chapter 7 of this title shall be the
amount that would be paid by the estate in a chapter 7 case if the
claim were an unsecured claim arising before the date on which the
petition was filed and were not entitled to priority under section 507.
``(c) For purposes of applying sections 523(a), 1228(a)(2), and
1228(c)(2) to a claim described in subsection (a) of this section, the
claim shall not be treated as a claim of a kind specified in
subparagraph (A) or (B) of section 523(a)(1).
``(d)(1) A governmental unit may file a proof of claim for a claim
described in subsection (a) that arises after the date on which the
petition is filed.
``(2) If a debtor files a tax return after the filing of the
petition for a period in which a claim described in subsection (a)
arises, and the claim relates to the tax return, the debtor shall serve
notice of the claim on the governmental unit charged with the
responsibility for the collection of the tax at the address and in the
manner designated in section 505(b)(1). Notice under this paragraph
shall state that the debtor has filed a petition under this chapter,
state the name and location of the court in which the case under this
chapter is pending, state the amount of the claim, and include a copy
of the filed tax return and documentation supporting the calculation of
the claim.
``(3) If notice of a claim has been served on the governmental unit
in accordance with paragraph (2), the governmental unit may file a
proof of claim not later than 180 days after the date on which such
notice was served. If the governmental unit has not filed a timely
proof of the claim, the debtor or trustee may file proof of the claim
that is consistent with the notice served under paragraph (2). If a
proof of claim is filed by the debtor or trustee under this paragraph,
the governmental unit may not amend the proof of claim.
``(4) A claim filed under this subsection shall be determined and
shall be allowed under subsection (a), (b), or (c) of section 502, or
disallowed under subsection (d) or (e) of section 502, in the same
manner as if the claim had arisen immediately before the date of the
filing of the petition.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Subchapter II of chapter 12 of title 11,
United States Code, is amended--
(A) in section 1222(a)--
(i) in paragraph (2), by striking
``unless--'' and all that follows through ``the
holder'' and inserting ``unless the holder'';
(ii) in paragraph (3), by striking ``and''
at the end;
(iii) in paragraph (4), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(5) subject to section 1232, provide for the treatment of
any claim by a governmental unit of a kind described in section
1232(a).'';
(B) in section 1228--
(i) in subsection (a)--
(I) in the matter preceding
paragraph (1)--
(aa) by inserting a comma
after ``all debts provided for
by the plan''; and
(bb) by inserting a comma
after ``allowed under section
503 of this title''; and
(II) in paragraph (2), by striking
``the kind'' and all that follows and
inserting ``a kind specified in section
523(a) of this title, except as
provided in section 1232(c).''; and
(ii) in subsection (c)(2), by inserting ``,
except as provided in section 1232(c)'' before
the period at the end; and
(C) in section 1229(a)--
(i) in paragraph (2), by striking ``or'' at
the end;
(ii) in paragraph (3), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(4) provide for the payment of a claim described in
section 1232(a) that arose after the date on which the petition
was filed.''.
(2) Table of sections.--The table of sections for
subchapter II of chapter 12 of title 11, United States Code, is
amended by adding at the end the following:
``1232. Claim by a governmental unit based on the disposition of
property used in a farming operation.''.
(c) Effective Date.--The amendments made by this section shall
apply to--
(1) any bankruptcy case--
(A) that is pending on the date of enactment of
this Act;
(B) in which the plan under chapter 12 of title 11,
United States Code, has not been confirmed on the date
of enactment of this Act; and
(C) relating to which an order of discharge under
section 1228 of title 11, United States Code, has not
been entered; and
(2) any bankruptcy case that commences on or after the date
of enactment of this Act.
Passed the Senate September 5, 2017.
Attest:
Secretary.
115th CONGRESS
1st Session
S. 1107
_______________________________________________________________________
AN ACT
To amend title 28, United States Code, to authorize the appointment of
additional bankruptcy judges, and for other purposes. | Bankruptcy Judgeship Act of 2017 (Sec. 2) This bill reauthorizes 14 temporary bankruptcy judgeships in specified judicial districts in Delaware, Florida, Maryland, Michigan, Puerto Rico, Virginia, Nevada, and North Carolina. (Sec. 3) It authorizes the appointment of four additional temporary bankruptcy judges in Delaware, Florida, and Michigan. (Sec. 4) The bill amends the federal judicial code to increase the quarterly fee imposed on certain chapter 11 (reorganization) debtors. Specifically, if the balance in the U.S. Trustee System Fund is less than $200 million, then a debtor with total quarterly disbursements of $1 million or more must pay a quarterly fee equal to $250,000 or 1% of disbursements, whichever is less. It also specifies that for FY2018-FY2022, 98% of the quarterly fees collected must be deposited as offsetting collections to the U.S. Trustee System Fund and 2% must be deposited in the general fund of the Treasury. (Sec. 5) This section amends the federal bankruptcy code to include an unsecured claim by a governmental unit (e.g., a tax claim by the Internal Revenue Service) resulting from the sale, transfer, exchange, or disposition of farming property in chapter 12 bankruptcy (family farmer or fisherman reorganization) proceedings. Such a claim that arises before a debtor's discharge, regardless of whether the claim is pre-petition or post-petition, must be treated as a pre-petition claim, is not entitled to priority status, must be provided for under the bankruptcy plan, and is dischargeable. | {"src": "billsum_train", "title": "Bankruptcy Judgeship Act of 2017"} | 3,223 | 376 | 0.4126 | 1.288171 | 0.619885 | 1.747508 | 9.651163 | 0.790698 |
SECTION 1. TEMPORARY REDUCTION IN FUEL TAXES ON GASOLINE, DIESEL FUEL,
KEROSENE, AND AVIATION FUEL, BY 4.3 CENTS, OR TO ZERO.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on gasoline, diesel fuel, and kerosene)
is amended by adding at the end the following new subsection:
``(f) Temporary Reduction in Taxes on Gasoline, Diesel Fuel, and
Kerosene.--
``(1) In general.--During the applicable period, each rate
of tax referred to in paragraph (2)--
``(A) shall be reduced by 4.3 cents per gallon, and
``(B) if at any time during the applicable period
the national average price of unleaded regular gasoline
is at least $2.00 per gallon (as determined by the
Secretary of Energy), shall be reduced to zero
beginning on the date which is 7 days after such
determination and for the remainder of the applicable
period, subject to paragraph (3).
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) clause (i), (ii), (iii) of subsection
(a)(2)(A) (relating to gasoline, diesel fuel, and
kerosene), and
``(B) paragraph (1) of section 4041(a) (relating to
diesel fuel) with respect to fuel sold for use or used
in a diesel-powered highway vehicle.
``(3) Protecting Social Security Trust Fund.--If upon the
determination described in paragraph (1)(B), the Secretary,
after consultation with the Director of the Office of
Management and Budget, determines that such reduction would
result in an aggregate reduction in revenues to the Treasury
exceeding the Federal on-budget surplus during the remainder of
the applicable period, the Secretary shall modify such
reduction such that each rate of tax referred to in paragraph
(2) and section 4091(e)(1) is reduced in a pro rata manner and
such aggregate reduction does not exceed such surplus.
``(4) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to the Highway Trust Fund under
section 9503 and the Airport and Airway Trust Fund under
section 9502, an amount equal to the reduction in revenues to
the Treasury by reason of this subsection shall be treated as
taxes received in the Treasury under this section.
``(5) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period beginning after
April 15, 2000, and ending before January 1, 2001.''
(b) Aviation Fuel.--Section 4091 of the Internal Revenue Code of
1986 (relating to imposition of tax on aviation fuel) is amended by
adding at the end the following new subsection:
``(e) Temporary Reduction in Tax on Aviation Fuel.--
``(1) In general.--During the applicable period, the rate
of tax otherwise applicable under subsection (b)(1) shall be
reduced as provided in section 4081(f)(1).
``(2) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to the Airport and Airway Trust
Fund under section 9502, an amount equal to the reduction in
revenues to the Treasury by reason of this subsection shall be
treated as taxes received in the Treasury under this section.
``(3) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period beginning after
April 15, 2000, and ending before January 1, 2001.''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 2. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax reduction date, tax has been imposed
under section 4081 or 4091 of the Internal Revenue Code of 1986
on any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the excess of the tax paid by the
taxpayer over the amount of such tax which would be imposed on such
liquid had the taxable event occurred on the tax reduction date.
(b) Time for Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax
reduction date, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax reduction date--
(A) the dealer submits a request for refund or
credit to the taxpayer before the date which is 3
months after the tax reduction date, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of such
Code; except that the term ``dealer'' includes a producer, and
(2) the term ``tax reduction date'' means April 16, 2000.
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 3. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any liquid on which tax
would have been imposed under section 4081 or 4091 of the Internal
Revenue Code of 1986 during the applicable period but for the
amendments made by this Act, and which is held on the floor stocks tax
date by any person, there is hereby imposed a floor stocks tax in an
amount equal to the tax which would be imposed on such liquid had the
taxable event occurred on the floor stocks tax date.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after the
floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such person
(whether or not delivery to the person has been made).
(2) Gasoline, diesel fuel, and aviation fuel.--The terms
``gasoline'', ``diesel fuel'', and ``aviation fuel'' have the
respective meanings given such terms by sections 4083 and 4093
of such Code.
(3) Floor stocks tax date.--The term ``floor stocks tax
date'' means January 1, 2001.
(4) Applicable period.--The term ``applicable period''
means the period beginning after April 15, 2000, and ending
before January 1, 2001.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to gasoline, diesel fuel, kerosene, or aviation fuel
held by any person exclusively for any use to the extent a credit or
refund of the tax imposed by section 4081 or 4091 of such Code is
allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on gasoline, diesel fuel, kerosene, or
aviation fuel held in the tank of a motor vehicle, motorboat, or
aircraft.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline (other than aviation gasoline) held
on the floor stocks tax date by any person if the
aggregate amount of gasoline held by such person on
such date does not exceed 4,000 gallons, and
(B) on aviation gasoline, diesel fuel, kerosene, or
aviation fuel held on such date by any person if the
aggregate amount of aviation gasoline, diesel fuel,
kerosene, or aviation fuel held by such person on such
date does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person submits
to the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require for
purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control where 1 or more of such persons is not a
corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section 4081
or 4091 of such Code shall, insofar as applicable and not inconsistent
with the provisions of this subsection, apply with respect to the floor
stock taxes imposed by subsection (a) to the same extent as if such
taxes were imposed by such section 4081 or 4091.
SEC. 4. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO CONSUMERS.
(a) Passthrough to Consumers.--
(1) Sense of congress.--It is the sense of Congress that--
(A) consumers immediately receive the benefit of
the reduction in taxes under this Act, and
(B) transportation motor fuels producers and other
dealers take such actions as necessary to reduce
transportation motor fuels prices to reflect such
reduction, including immediate credits to customer
accounts representing tax refunds allowed as credits
against excise tax deposit payments under the floor
stocks refund provisions of this Act.
(2) Study.--
(A) In general.--The Comptroller General of the
United States shall conduct a study of the reduction of
taxes under this Act to determine whether there has
been a passthrough of such reduction.
(B) Report.--Not later than September 30, 2000, the
Comptroller General of the United States shall report
to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives the results of the study conducted
under subparagraph (A). | Expresses the sense of the Congress that: (1) consumers should immediately receive the benefit of the reduction; and (2) motor fuels producers and dealers should take such actions as necessary to reduce prices to reflect any reduction. Requires a study and report. | {"src": "billsum_train", "title": "A bill instituting a Federal fuels tax holiday."} | 2,640 | 54 | 0.436315 | 1.131002 | -0.317075 | 3 | 47.84 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Driver's License Improvement and
Security Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The terrorist attacks of September 11, 2001,
illuminated many flaws in the Nation's domestic security,
especially in its identification system.
(2) Drivers' licenses and identification cards issued by
States have become the favored form of identity verification in
the United States and are used by government agencies and
private entities alike.
(3) Inconsistent requirements between the States for
initial identity verification and insufficient verification of
identity documents have made the identification systems of
States a prime target for fraud and identity theft.
(4) Different designs on drivers' licenses and
identification cards issued by States have created a market,
including sales on the Internet, for fake cards that look real
to those who are unfamiliar with the official designs.
(5) The use of new technologies will improve the security
of State identification systems.
(6) Identification card technologies that accommodate other
government and private applications create a Federal benefit
that justifies Federal assistance.
(7) Improving the security of drivers' licenses and
identification cards issued by the States will eliminate
multiple licensing of individuals who commit fraud, impede the
purchase of alcohol and tobacco products by underage
individuals, and severely reduce identity theft.
(8) The report of the Markle Foundation Task Force on
National Security in the Information Age, published in December
2003, recommended that the Federal Government develop standards
for State drivers' licenses and identification cards and
examine the application of smart card and biometric information
technologies to such drivers' licenses and identification
cards.
(9) The Final Report of the National Commission on
Terrorist Attacks Upon the United States (also known as the
``9/11 Commission'') described the potential for biometric
identifiers in reducing identity fraud and specifically
recommended that the Federal Government set standards for the
issuance of drivers' licenses.
SEC. 3. STATE DRIVER'S LICENSE AND IDENTIFICATION CARD PILOT PROGRAMS.
(a) Definitions.--In this section, the following definitions apply:
(1) Driver's license.--The term ``driver's license'' means
a license issued by the motor vehicle agency of a State to an
individual that authorizes the individual to operate a motor
vehicle on highways.
(2) Identification card.--The term ``identification card''
means an identification card issued by the motor vehicle agency
of a State to an individual.
(3) Participating state.--The term ``participating State''
means a State that is participating in the pilot program
established under this section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment of Voluntary Pilot Program.--
(1) In general.--The Secretary shall carry out a pilot
program to assist States in developing and implementing a
driver's license and identification card program that meets the
requirements of this section.
(2) Applications.--In order to be eligible to participate
in the pilot program, a State shall submit to the Secretary an
application in such form and containing such information as the
Secretary may require.
(3) Number of participating states.--The Secretary may
select not more than 6 States for participation in the pilot
program.
(c) State Driver's License and Identification Card Programs.--In
order to be eligible to participate in the pilot program, a State shall
provide assurances satisfactory to the Secretary that the State will
develop and implement a driver's license and identification card
program under which the State meets the following requirements:
(1) Computer chips in drivers' licenses and id cards.--
(A) In general.--A participating State shall embed
a computer chip in each new or renewed driver's license
or identification card issued by the State.
(B) Requirements for computer chips.--A computer
chip embedded in a driver's license or identification
card under this paragraph shall--
(i) contain, in electronic form, all text
data written on the license or card;
(ii) contain encoded biometric data
matching the holder of the license or card;
(iii) contain encryption and security
software or hardware (or both) that prevents
access to data stored on the chip without the
express consent of the individual to whom the
data applies, other than access by a Federal,
State, or local agency (including a court or
law enforcement agency) in carrying out its
functions, or by a private entity acting on
behalf of a Federal, State, or local agency in
carrying out its functions;
(iv) accept data or software written to the
license or card by non-governmental devices if
the data transfer is authorized by the holder
of the license or card; and
(v) conform to any other standards issued
by Secretary.
(2) Biometric data.--
(A) In general.--A participating State shall obtain
biometric data for the identification of each
individual to whom the State issues a new or renewed
driver's license or identification card and shall
maintain such data.
(B) Requirement for biometric data.--Biometric data
obtained by a State under this paragraph shall be of a
type that can be matched to the license or card holder
only with the express cooperation of the license or
card holder.
(3) Participation in linking of databases.--
(A) In general.--A participating State shall
participate in a program to link State motor vehicle
databases in order to provide electronic access by a
State to information contained in the motor vehicle
databases of other States. Such program shall be
established by the Secretary, subject to the
consultation requirements contained in subsection
(d)(3).
(B) Requirements for information.--A motor vehicle
database of a participating State shall contain, at a
minimum, the following information:
(i) All data fields printed on drivers'
licenses and identification cards issued by the
State, other than the encoded biometric data
stored on such licenses and cards under
paragraph (1).
(ii) Biometric data obtained under
paragraph (2) from each individual to whom the
State issues a new or renewed driver's license
or identification card.
(iii) Motor vehicle drivers' histories,
including motor vehicle violations,
suspensions, and points on licenses.
(4) Tamper-resistant security features.--A participating
State shall include on each new or renewed driver's license or
identification card issued by the State, multiple tamper-
resistant security features or optical image layers, such as
biometric scans, barcodes, 3D, flip, or motion imaging, to
assist in visual verification that the license or card is
valid.
(5) Documentation.--A participating State shall adopt and
implement procedures for accurately documenting the identity
and residence of an individual before issuing a driver's
license or identification card to the individual.
(d) Guidelines.--
(1) In general.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue guidelines
to assist participating States in complying with the
requirements of subsection (c).
(2) Contents.--The guidelines issued under this subsection
shall contain, at a minimum, the following:
(A) Standards for the computer chip technology
required for compliance with subsection (c)(1),
including--
(i) standards to ensure interoperability
and the ability to store multiple applications
created by government agencies and private
entities and transmitted to the license or card
with the express consent of the license or card
holder; and
(ii) standards for the encoded biometric
data that must be contained on each computer
chip and requirements to ensure that such
biometric data will be used only for matching
the license or card to the presenter.
(B) Standards for biometric data to be obtained
from applicants for new or renewed State drivers'
licenses and identification cards under subsection
(c)(2) and standards for maintaining such data.
(C) Standards for linking State motor vehicle
databases under subsection (c)(3) and standards for the
information to be contained in the databases.
(D) Standards for security features or optical
image layers to be placed on State drivers' licenses
and identification cards under subsection (c)(4).
(E) Standards for documentation of the identity and
residence of an individual under subsection (c)(5),
including a list of acceptable documents for
establishing the identity and residence of an
individual and procedures for verifying the
authenticity of the documents.
(F) Standards for a numbering system for State
drivers' licenses and identification cards that
prevents duplication between States and does not make
use of the license or card holder's social security
number.
(3) Consultation.--Guidelines issued by the Secretary under
this subsection shall be developed in consultation with the
American Association of Motor Vehicle Administrators, the
General Services Administration, and the National Institute of
Standards and Technology.
(4) Administrative procedures.--The Secretary may issue
guidelines under this subsection without regard to subchapter
II of chapter 5 of title 5, United States Code.
(e) Grants.--
(1) In general.--The Secretary may make grants to each
participating State to assist the State in developing and
implementing a driver's license and identification card program
that meets the requirements of subsections (b) and (c).
(2) Federal share.--The Federal share of the cost of
activities funded using amounts from a grant received by a
State under this subsection shall be 100 percent or a lesser
percentage determined by the Secretary.
(3) Reports.----
(A) State reports.--The Secretary shall require a
State that receives a grant under this subsection to
submit to the Secretary a report on the activities
carried out by the State using amounts from the grant.
(B) Report to congress.--Not later than one year
after the date on which the Secretary first makes
grants under the pilot program, the Secretary shall
transmit to Congress a report on the results of the
program, including an assessment of the technology,
reliability, effectiveness, and cost of the driver's
license and identification card programs of
participating States.
(f) Authorization of Appropriations.--There is authorized to be
appropriated $100,000,000 to carry out this section. Such sums shall
remain available until expended.
SEC. 4. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
(a) Study.--The Director of the National Institute of Standards and
Technology, in consultation with the States and the American
Association of Motor Vehicle Administrators, shall conduct a study of
on-card biometric technologies to determine which technology is most
effective and usable for purposes of the pilot program established
under section 3.
(b) Determinations.--In conducting the study, the Director shall
shall determine--
(1) what type of biometric identifier, or combination of
biometric identifiers, when captured and stored on the card in
the form of a numeric algorithm is least prone to error; and
(2) what combination of technologies and information
sharing arrangements will prevent individuals from possessing
multiple concurrent State drivers' licenses or identification
cards.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Director shall submit to the Secretary of Transportation
a report on the results of the study.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | Driver's License Improvement and Security Act of 2004 - Directs the Secretary of Transportation to carry out a pilot program to assist States in developing and implementing a driver's license and identification card program that meets certain requirements.
Requires a State to: (1) embed computer chips in licenses and cards it issues; (2) obtain biometric data for the identification of individuals to whom the State issues a new or renewed driver's license or identification card; (3) participate in a program to link State motor vehicle databases in order to provide electronic access by a State to information contained in the motor vehicle databases of other States; (4) include on each new or renewed driver's license or identification card multiple tamper-resistant security features or optical image layers, such as biometric scans, barcodes, 3D, flip, or motion imaging; and (5) adopt and implement procedures to document accurately the identity and residence of an individual before issuing him or her a driver's license or identification card.
Authorizes the Secretary to make a grant to assist a State in developing and implementing a driver's license and identification card program that meets the requirements of this Act.
Requires the Director of the National Institute of Standards and Technology to study and report to the Secretary of Transportation on which on-card biometric technology is most effective and usable for the pilot program. | {"src": "billsum_train", "title": "To direct the Secretary of Transportation to carry out a pilot program to improve the security of State drivers' licenses and identification cards, and for other purposes."} | 2,450 | 294 | 0.656774 | 1.925843 | 0.6845 | 5.448669 | 8.828897 | 0.969582 |
SECTION 1. REPORTS ASSESSING THE IMPACT OF NAFTA ON JOBS AND THE
ENVIRONMENT.
(a) Report on Domestic Manufacturing and Jobs.--The Secretary of
Commerce, after consultation with the appropriate government agencies,
shall determine the levels of exports of United States manufactured
goods to the NAFTA parties and imports into the United States of
manufactured goods from NAFTA parties, and the number of jobs that have
resulted from increased exports of manufactured goods to NAFTA parties
and the loss of jobs that have resulted from increased imports into the
United States of manufactured goods from NAFTA parties since January 1,
1994. The Secretary of Commerce shall submit to the Congress a report
on the determinations made under this paragraph not later than 6 months
after the date of the enactment of this Act.
(b) Report Relating to Health and Environmental Impacts of NAFTA.--
The Administrator of the Environmental Protection Agency, in
consultation with the Secretariat for the NAFTA Commission on
Environmental Cooperation, shall conduct investigations of whether
pollution and health hazards in the United States have worsened since
January 1, 1994, to the extent they may be attributable to the
implementation of NAFTA, and specifically in and around the United
States-Mexico border and the United States-Canada border, and shall
report to the Congress on the results of those investigations not later
than 6 months after the date of the enactment of this Act.
SEC. 2. PRESIDENTIAL CERTIFICATIONS.
(a) Certifications Regarding Environmental Agreement.--
(1) Annual certifications.--The President shall, on the
basis of the reports prepared under paragraph (2), submit to
the Congress, not later than May 31 of each year, a report that
certifies whether or not each NAFTA country is meeting
commitments made in the North American Agreement on
Environmental Cooperation--
(A) to ensure that the regulations of that country
establish and enforce levels of environmental
protection that meet the requirements of its
constitution and other laws setting forth the country's
policy on environmental protection; and
(B) to effectively enforce the laws referred to in
paragraph (1).
(2) Basis of certification.--The Administrator of the
Environmental Protection Agency shall prepare for the President
an annual report on the enforcement by each NAFTA country of
its laws governing environmental protection, and its progress
in protecting the environment in accordance with its
development. In doing so, the Administrator shall consider the
country's--
(A) air quality standards;
(B) water effluent standards; and
(C) hazardous waste disposal standards.
Each report under this paragraph shall be transmitted to the
President not later than 30 days before the date on which the
President is required to submit his report under paragraph (1).
(b) Certifications Regarding Labor Agreement.--
(1) Annual certifications.--The President shall, on the
basis of the reports prepared under paragraph (2), submit to
the Congress, not later than May 31 of each year, a report that
certifies whether or not each NAFTA country is meeting
commitments made in the North American Agreement on Labor
Cooperation to comply with the objectives of that Agreement to
promote and improve laws protecting worker rights and to
promote compliance with these laws by using appropriate methods
such as--
(A) monitoring and on-site inspection by persons
trained to do so;
(B) encouragement of voluntary compliance by
employers;
(C) mandatory reporting by employers to appropriate
governmental authorities; and
(D) enforcement actions.
(2) Basis of certification.--The Secretary of Labor shall
prepare for the President an annual report on the enforcement
by each NAFTA country of its laws protecting worker rights. In
doing so, the Secretary shall consider the country's
enforcement of such laws in accordance with the following labor
principles (as stated in the Preamble of the North American
Agreement on Labor Cooperation):
(A) Freedom of association.
(B) The right to bargain collectively.
(C) The right to strike.
(D) Prohibition on forced labor.
(E) Restrictions on labor by children and young
people.
(F) Minimum employment standards.
(G) Elimination of employment discrimination.
(H) Equal pay for men and women.
(I) Prevention of occupational accidents and
diseases.
(J) Compensation in cases of work accidents and
occupational diseases.
Each report under this paragraph shall be transmitted to the
President not later than 30 days before the date on which the
President is required to submit his report under paragraph (1).
SEC. 3. DEFINITIONS.
As used in this Act:
(1) International financial institution.--The term
``international financial institution'' has the meaning given
that term in section 1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2)).
(2) NAFTA.--The term ``NAFTA'' means the North American
Free Trade Agreement entered into by the United States, Canada,
and Mexico on December 17, 1992.
(3) NAFTA country.--The term ``NAFTA country'' has the
meaning given that term in section 2(4) of the North American
Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)).
(4) NAFTA party.--The term ``NAFTA party'' means the United
States, Canada, or Mexico.
(5) North american agreement on environmental
cooperation.--The term ``North American Agreement on
Environmental Cooperation'' has the meaning given that term in
section 532(b)(2) of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3472(b)(2)).
(6) North american agreement on labor cooperation.--The
term ``North American Agreement on Labor Cooperation'' has the
meaning given that term in section 531(b)(2) of the North
American Free Trade Agreement Implementation Act (19 U.S.C.
3471(b)(2)). | Directs the Administrator of the Environmental Protection Agency to investigate, and report to the Congress on, whether pollution and health hazards in the United States have worsened since January 1, 1994, to the extent that may be attributable to NAFTA, and specifically in and around the U.S.-Mexico and the U.S.-Canada borders.
Directs the President to certify annually to Congress whether or not each NAFTA country is meeting certain commitments made with respect to: (1) environmental protection in the North American Agreement on Environmental Cooperation; and (2) workers' rights in the North American Agreement on Labor Cooperation. | {"src": "billsum_train", "title": "To assess the impact of the North American Free Trade Agreement on domestic job loss and the environment, and for other purposes."} | 1,265 | 133 | 0.646265 | 1.922641 | 0.661878 | 4.945946 | 10.54955 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Sovereignty and Protection
Act''.
SEC. 2. TWO-LAYERED REINFORCED FENCING ALONG THE SOUTHWEST BORDER.
(a) In General.--Section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103
note) is amended by amending subparagraph (A) of subsection (b)(1) to
read as follows:
``(A) Two-layered reinforced fencing.--
``(i) In general.--In carrying out
subsection (a), the Secretary of Homeland
Security shall construct two layers of
reinforced fencing along not fewer than 350
miles of the southwest border where such
fencing would be most practical and effective
and provide for the installation of related
security infrastructure to gain operational
control of the southwest border.
``(ii) Border patrol access road.--The two-
layered reinforced fencing required under
clause (i) shall be separated by a Border
Patrol access road.
``(iii) Construction deadline.--The
Secretary shall ensure the completion of the
construction of such two-layered reinforced
fencing (including the installation of such
related security infrastructure) required under
clause (i) and the construction of the Border
Patrol access road required under clause (ii)
by not later than the date that is one year
after the date of the enactment of this
subparagraph.
``(iv) Prohibition on preexisting fencing
to satisfy mileage requirement.--In carrying
out clause (i), the Secretary may not consider
fencing along the southwest border in existence
on April 1, 2009, for purposes of satisfying
the mileage requirement under such clause.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the amendment
made by subsection (a).
SEC. 3. DEPARTMENT OF HOMELAND SECURITY AUTHORITY WITH REGARD TO DRUG
OFFENSES.
The Department of Homeland Security shall have full authority,
concurrent with that of the Department of Justice, to investigate any
criminal violation of the Controlled Substances Act or the Controlled
Substances Import and Export Act.
SEC. 4. MANDATORY MINIMUM SENTENCE FOR FIREARMS SMUGGLING.
(a) Smuggling Into the United States.--Section 924 of title 18,
United States Code, is amended by adding at the end the following:
``(q) Whoever, in relation to a crime of violence (as defined in
subsection (c)(3)) or a drug trafficking crime (as defined in
subsection (c)(2)), smuggles or fraudulently or knowingly imports or
brings into the United States a firearm, or attempts to do so, contrary
to any law or regulation of the United States shall be fined under this
title, imprisoned not less than 15 years, or both.''.
(b) Smuggling Out of the United States.--Section 554(a) of title
18, United States Code, is amended by inserting ``, but if the
merchandise, article, or object is a firearm (as defined in section
921) and the conduct described in this subsection occurs in relation to
a crime of violence (as defined in section 924(c)(3)) or a drug
trafficking crime (as defined in section 924(c)(2)), the term of
imprisonment for the offense shall be not less than 15 years'' after
``or both''.
SEC. 5. ELIGIBILITY REQUIREMENTS FOR STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM (SCAAP) FUNDING.
Section 241(i) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) is amended by adding at the end the following:
``(7) A State (or a political subdivision of a State) shall
not be eligible to enter into a contractual arrangement under
paragraph (1) if the State (or political subdivision)--
``(A) has in effect any law, policy, or procedure
in contravention of subsection (a) or (b) of section
642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373); or
``(B) prohibits State or local law enforcement
officials from gathering information regarding the
citizenship or immigration status, lawful or unlawful,
of any individual.''.
SEC. 6. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS.
Section 235(b)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii)
and inserting the following:
``(i) In general.--If an immigration
officer determines that an alien (other than an
alien described in subparagraph (F)) who is
arriving in the United States, or who has not
been admitted or paroled into the United States
and has not been physically present in the
United States continuously for the 3-year
period immediately prior to the date of the
determination of inadmissibility under this
paragraph, is inadmissible under section
212(a)(6)(C) or 212(a)(7), the officer shall
order the alien removed from the United States
without further hearing or review, unless--
``(I) the alien has been charged
with a crime; or
``(II) the alien indicates an
intention to apply for asylum under
section 208 or a fear of persecution
and the officer determines that the
alien has been physically present in
the United States for less than 1 year.
``(ii) Claims for asylum.--If an
immigration officer determines that an alien
(other than an alien described in subparagraph
(F)) who is arriving in the United States, or
who has not been admitted or paroled into the
United States and has not been physically
present in the United States continuously for
the 3-year period immediately prior to the date
of the determination of inadmissibility under
this paragraph, is inadmissible under section
212(a)(6)(C) or 212(a)(7), and the alien
indicates either an intention to apply for
asylum under section 208 or a fear of
persecution, the officer shall refer the alien
for an interview by an asylum officer under
subparagraph (B) if the officer determines that
the alien has been physically present in the
United States for less than 1 year.''.
SEC. 7. EXPEDITED REMOVAL OF CRIMINAL ALIENS.
(a) In General.--Section 238 of the Immigration and Nationality Act
(8 U.S.C. 1228) is amended--
(1) by amending the section heading to read as follows:
``expedited removal of criminal aliens'';
(2) in subsection (a), by amending the subsection heading
to read as follows: ``Expedited Removal From Correctional
Facilities'';
(3) in subsection (b), by amending the subsection heading
to read as follows: ``Removal of Criminal Aliens'';
(4) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--The Secretary may, in the case of an
alien described in paragraph (2), determine the deportability
of such alien and issue an order of removal pursuant to the
procedures set forth in this subsection or section 240.
``(2) Aliens described.--An alien is described in this
paragraph if the alien, whether or not admitted into the United
States, was convicted of any criminal offense described in
subparagraph (A)(iii), (C), or (D) of section 237(a)(2).'';
(5) in the first subsection (c) (relating to presumption of
deportability), by striking ``convicted of an aggravated
felony'' and inserting ``described in paragraph (b)(2)'';
(6) by redesignating the second subsection (c) (relating to
judicial removal) as subsection (d); and
(7) in subsection (d)(5) (as so redesignated), by striking
``, who is deportable under this Act,''.
(b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8
U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether
temporarily or otherwise,'' after ``enjoin''.
SEC. 8. MANDATORY EMPLOYMENT AUTHORIZATION VERIFICATION.
(a) Making Basic Pilot Program Permanent.--Section 401(b) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) is amended by adding before the period at the end of
the last sentence the following ``, except that the basic pilot program
described in section 403(a) shall be a permanent program''.
(b) Mandatory Use of E-Verify System.--
(1) In general.--Subject to paragraphs (2) and (3), every
person or other entity that hires one or more individuals for
employment in the United States shall verify through the E-
Verify program, established as the basic pilot program by
section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8
U.S.C. 1324a note), that each such individual is authorized to
work in the United States. The Secretary of Homeland Security
shall ensure that verification by means of a toll-free
telephone line is an available option in complying with the
preceding sentence.
(2) Select entities required to use e-verify program
immediately.--The following entities must satisfy the
requirement in paragraph (1) by not later than one year after
the date of the enactment of this Act:
(A) Federal agencies.--Each department and agency
of the Federal Government.
(B) Federal contractors.--A contractor that--
(i) has entered into a contract with the
Federal Government to which section 2(b)(1) of
the Service Contract Act of 1965 (41 U.S.C.
351(b)(1)) applies, and any subcontractor under
such contract; or
(ii) has entered into a contract exempted
from the application of such Act by section 6
of such Act (41 U.S.C. 356), and any
subcontractor under such contract; and
(C) Large employers.--An employer that employs more
than 250 individuals in the United States.
(3) Phasing-in for other employers.--
(A) 2 years for employers of 100 or more.--Entities
that employ 100 or more individuals in the United
States must satisfy the requirement in paragraph (1) by
not later than two years after the date of the
enactment of this Act.
(B) 3 years for employers with 30 or more
employees.--All entities that employ 30 or more
individuals in the United States must satisfy the
requirement in paragraph (1) by not later than three
years after the date of the enactment of this Act.
(C) 4 years for all employers.--All entities that
employ one or more individuals in the United States
must satisfy the requirement in paragraph (1) by not
later than four years after the date of the enactment
of this Act.
(4) Verifying employment authorization of current
employees.--Every person or other entity that employs one or
more persons in the United States shall verify through the E-
Verify program by not later than four years after the date of
the enactment of this Act that each employee is authorized to
work in the United States.
(5) Defense.--An employer who has complied with the
requirements in paragraphs (1) and (4) shall not be liable for
hiring an unauthorized alien, if--
(A) such hiring occurred due to an error in the E-
Verify program that was unknown to the employer at the
time of such hiring; and
(B) the employer terminates the employment of the
alien upon being informed of the error.
(6) Sanctions for noncompliance.--The failure of an
employer to comply with the requirements in paragraphs (1) or
(4) shall--
(A) be treated as a violation of section
274A(a)(1)(B) with respect to each offense; and
(B) create a rebuttable presumption that the
employer has violated section 274A(a)(1)(A).
(7) Voluntary participation of employers not immediately
subject to requirement.--Nothing in this subsection shall be
construed as preventing a person or other entity that is not
immediately subject to the requirement of paragraph (1)
pursuant to paragraph (2) or (3) from voluntarily using the E-
Verify program to verify the employment authorization of new
hires or current employees.
(8) State interference.--No State may prohibit a person or
other entity from using the E-verify program to verify the
employment authorization of new hires or current employees. | Border Sovereignty and Protection Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require that: (1) at least 350 miles of fencing along the southwest border be two layers of reinforced fencing separated by a Border Patrol access road; (2) such work shall be completed within one year of enactment of this Act; and (3) fencing existing as of April 1, 2009, shall not be considered in meeting the mileage requirement.
Gives the Department of Homeland Security (DHS) full authority, concurrent with that of the Department of Justice, to investigate violations of the Controlled Substances Act or the Controlled Substances Import and Export Act.
Amends the federal criminal code to provide for a fine and/or at least 15 years imprisonment for firearms smuggling in connection with a crime of violence or drug trafficking.
Makes a state or local subdivision ineligible for state criminal alien assistance program (SCAAP) funding if such state or subdivision: (1) has in effect any law, policy, or procedure prohibiting or restricting communication with the Immigration and Naturalization Service or other government entity regarding an individual's citizenship or immigration status; or (2) prohibits state or local law enforcement officials from gathering information regarding an individual's citizenship or immigration status.
Sets forth provisions regarding the expedited removal of: (1) inadmissible arriving aliens; and (2) criminal aliens.
Makes the basic pilot employment verification (E-Verify) program permanent.
Sets forth the following E-Verify compliance schedule: (1) one year from enactment of this Act for federal agencies, federal contractors, and employers of more than 250 persons; (2) two years from enactment for employers of 100 or more persons; (3) three years from enactment for employers of 30 or more persons; and (4) four years from enactment for all employers. | {"src": "billsum_train", "title": "To secure smuggling routes on the U.S.-Mexico border, better prevent the smuggling of narcotics and weapons across the border, and for other purposes."} | 2,940 | 405 | 0.604053 | 1.943378 | 0.764303 | 3.150838 | 7.055866 | 0.910615 |
SECTION 1. SHORT TITLE.
This act may be cited as the ``Management and Conflict of Interest
Reform Amendments of 1993''.
SEC. 2. DEFINITIONS.
(a) Section 202 of the Depository Institution Management Interlocks
Act (12 U.S.C. 3201) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) the term `depository institution' means a commercial
bank, a foreign bank, a savings bank, a trust company, a
savings association, a building and loan association, a
homestead association, a cooperative bank, an industrial bank,
or a credit union;'';
(2) in paragraph (5), by striking ``and'';
(3) in paragraph (6), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(7) the term `outside counsel' means any individual who
is not a full time employee of the depository institution or
depository holding company and who receives compensation,
either directly or through a law firm, partnership, or
corporation, for legal services or advice rendered to the
depository institution or depository holding company or any of
its subsidiaries, affiliates, or holding companies;
``(8) the term `outside accountant' means any individual
who is not a full time employee of the depository institution
or depository holding company and who receives compensation,
either directly or through an accounting firm, partnership, or
corporation, for accounting services or advice rendered to the
depository institution or any of its subsidiaries, affiliates,
or holding companies;
``(9) the term `outside director' means an individual who
is a member of the board of directors who is not an employee or
officer with management functions of either the depository
institution or depository holding company, or any of its
subsidiaries, affiliates, or holding companies; and
``(10) the term `control' has the meaning given to such
term in section 2 of the Bank Holding Company Act of 1956 for
bank holding companies and section 10(a)(2) of the Home Owners'
Loan Act for savings and loan holding companies.''.
(b) Section 207(2) of the Depository Institution Management
Interlocks Act (12 U.S.C. 3206(2)) is amended to read as follows:
``(2) the Board of Governors of the Federal Reserve System
with respect to State banks which are members of the Federal
Reserve System, foreign banks, and bank holding companies,''.
SEC. 3. DUAL SERVICE OF OUTSIDE COUNSEL AND ACCOUNTANTS ON BOARD OF
DIRECTORS PROHIBITED.
The Depository Institution Management Interlocks Act (12 U.S.C.
3201 et seq.) is amended by adding at the end the following new
section:
``SEC. 211. DUAL SERVICE OF OUTSIDE COUNSEL AND ACCOUNTANTS ON BOARD OF
DIRECTORS PROHIBITED.
``No individual who is an outside counsel or outside accountant of
a depository institution or a depository holding company may serve as a
member of board of directors of that depository institution or
depository holding company or any of its subsidiaries, affiliates, or
holding companies.''.
SEC. 4. OWNERSHIP DISCLOSURES TO BOARD OF DIRECTORS.
The Depository Institution Management Interlocks Act (12 U.S.C.
3201 et seq.) (as amended by this act) is amended by adding at the end
the following new section:
``SEC. 212. OWNERSHIP DISCLOSURES TO BOARD OF DIRECTORS.
``Not less than once each calendar year each depository institution
and depository holding company shall provide to each member of its
board of directors, and to each member of the board of directors of any
depository institution or depository holding company it controls, a
list of the names and principal places of business of each individual
or company which directly or indirectly owns, controls, or has power to
vote 5 per centum or more of any class of voting securities of the
depository institution or depository holding company, and such other
information as the appropriate Federal depository institutions
regulatory agency shall prescribe by regulation.''.
SEC. 5. CHANGE IN CONTROL DISCLOSURES TO BOARD OF DIRECTORS.
The Depository Institution Management Interlocks Act (12 U.S.C.
3201 et seq.) (as amended by this act) is amended by adding at the end
the following new section:
``SEC. 213. CHANGE IN CONTROL DISCLOSURES TO BOARD OF DIRECTORS.
``Each depository institution and depository holding company shall
provide to each member of its board of directors, and to each member of
the board of directors of any depository institution or depository
holding company it controls, with notice of any proposed change in
control of the parent depository institution or depository holding
company. Such notice shall contain such information as the appropriate
Federal depository institutions regulatory agency of the parent
depository institution or depository holding company shall prescribe by
regulation.''.
SEC. 6. BOARD OF DIRECTORS CONTROL BY OUTSIDE DIRECTORS.
The Depository Institution Management Interlocks Act (12 U.S.C.
3201 et seq.) (as amended by this act) is amended by adding at the end
the following new section:
``SEC. 214. BOARD OF DIRECTORS CONTROL BY OUTSIDE DIRECTORS.
``A majority of the voting members of the board of directors of
each depository institution and each depository holding company shall
be outside directors.''. | Management and Conflict of Interest Reform Amendments of 1993 - Amends the Depository Institution Management Interlocks Act to include foreign banks within the administrative and enforcement purview of the Board of Governors of the Federal Reserve System.
Prohibits an outside counsel or outside accountant of a depository institution or a depository holding company from serving as a member of the board of directors of such institution, holding company, or any of its subsidiaries, affiliates, or holding companies.
Requires each depository institution and depository holding company to provide to each member of its board of directors and each member of the board of directors of any depository institution or depository holding company it controls: (1) a list of the names and principal places of business of each individual or company which directly or indirectly owns, controls, or has power to vote five percent or more of any class of voting securities of such institution or holding company; and (2) a notice of any proposed change in control of the parent depository institution or depository holding company.
Requires a majority of the voting members of the board of directors of depository institutions and depository holding companies to be outside directors. | {"src": "billsum_train", "title": "Management and Conflict of Interest Reform Amendments of 1993"} | 1,258 | 247 | 0.592201 | 1.819372 | 0.81231 | 6.527523 | 5.036697 | 0.931193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Tenants at Foreclosure
Act of 2009''.
SEC. 2. EFFECT OF FORECLOSURE ON EXISTING TENANCY.
(a) In General.--In the case of any foreclosure on any dwelling or
residential real property, any immediate successor in interest in such
property pursuant to the foreclosure shall assume such interest subject
to--
(1) the provision, by such successor in interest, of a
notice to vacate to any bona fide tenant at least 90 days
before the effective date of such notice; and
(2) the rights of any bona fide tenant, as of the date of
such notice of foreclosure--
(A) under any bona fide lease entered into before
the notice of foreclosure to occupy the premises until
the end of the remaining term of the lease, except that
a successor in interest may terminate a lease effective
on the date of sale of the unit to a purchaser who will
occupy the unit as a primary residence, subject to the
receipt by the tenant of the 90 day notice under
paragraph (1); or
(B) without a lease or with a lease terminable at
will under State law, subject to the receipt by the
tenant of the 90 day notice under subsection (1),
except that nothing under this section shall affect the
requirements for termination of any Federal- or State-
subsidized tenancy or of any State or local law that provides
longer time periods or other additional protections for
tenants.
(b) Bona Fide Lease or Tenancy.--For purposes of this section, a
lease or tenancy shall be considered bona fide only if--
(1) the mortgagor under the contract is not the tenant;
(2) the lease or tenancy was the result of an arms-length
transaction; and
(3) the lease or tenancy requires the receipt of rent that
is not substantially less than fair market rent for the
property.
SEC. 3. EFFECT OF FORECLOSURE ON SECTION 8 TENANCIES.
Paragraph (7) of section 8(o) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(7)) is amended--
(1) in subparagraph (C), by inserting before the semicolon
at the end the following: ``, and in the case of an owner who
is an immediate successor in interest pursuant to foreclosure--
``(i) during the initial term of the
tenant's lease having the property vacant prior
to sale shall not constitute good cause; and
``(ii) in subsequent lease terms, having
the property vacant prior to sale may
constitute good cause if the property is
unmarketable while occupied, or if such owner
will occupy the unit as a primary residence'';
(2) in subparagraph (E), by striking ``and'' at the end;
(3) by redesignating subparagraph (F) as subparagraph (G);
and
(4) by inserting after subparagraph (E) the following:
``(F) shall provide that in the case of any
foreclosure on any residential real property in which a
recipient of assistance under this subsection resides,
the immediate successor in interest in such property
pursuant to the foreclosure shall assume such interest
subject to the lease between the prior owner and the
tenant and to the housing assistance payments contract
between the prior owner and the public housing agency
for the occupied unit; if a public housing agency is
unable to make payments under the contract to the
immediate successor in interest after foreclosure, due
to action or inaction by the successor in interest,
including the rejection of payments or the failure of
the successor to maintain the unit in compliance with
paragraph (8) or an inability to identify the
successor, the agency may use funds that would have
been used to pay the rental amount on behalf of the
family--
``(i) to pay for utilities that are the
responsibility of the owner under the lease or
applicable law, after taking reasonable steps
to notify the owner that it intends to make
payments to a utility provider in lieu of
payments to the owner, except prior
notification shall not be required in any case
in which the unit will be or has been rendered
uninhabitable due to the termination or threat
of termination of service, in which case the
public housing agency shall notify the owner
within a reasonable time after making such
payment; or
``(ii) for the family's reasonable moving
costs, including security deposit costs;
except that this subparagraph and the provisions
related to foreclosure in subparagraph (C) shall not
affect any State or local law that provides longer time
periods or other additional protections for tenants.''. | Protecting Tenants at Foreclosure Act of 2009 - States that any immediate successor in interest to residential property in foreclosure assumes such interest subject to: (1) giving an existing tenant at least 90-day notice to vacate; and (2) specified rights of such tenant to occupy the premises until the end of the lease.
Amends the United States Housing Act of 1937 to require a housing assistance payment contract to provide that in the case of an owner who is an immediate successor in interest pursuant to foreclosure: (1) during the initial term of the lease vacating the property prior to sale shall not constitute other good cause for termination of the lease; but (2) in subsequent lease terms vacating the property prior to sale may constitute good cause if the property is unmarketable while occupied, or if such owner will occupy the unit as a primary residence.
Authorizes: (1) a housing assistance payment contract entered into by the public housing agency and the owner of a dwelling unit to provide that the immediate successor in interest to property in foreclosure in which a housing assistance recipient resides assumes such interest subject to the lease between the prior owner and the tenant, and subject to the housing assistance payments contract between the prior owner and the public housing agency for the occupied unit; and (2) the public housing agency, where the successor owner cannot be identified, to use rental funds to pay for the property's utilities if owed by the owner or for reasonable moving costs, including security deposits. | {"src": "billsum_train", "title": "To protect the interests of bona fide tenants in the case of any foreclosure on any dwelling or residential real property, and for other purposes."} | 1,008 | 311 | 0.624801 | 1.856278 | 0.813337 | 3.624138 | 3.32069 | 0.948276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Standardization of Collegiate
Oversight of Revenues and Expenditures Act'' or ``SCORE Act''.
SEC. 2. REPORTING BY INSTITUTIONS OF HIGHER EDUCATION ON ATHLETIC
REVENUE AND EXPENSES.
Section 485(g) of the Higher Education Act of 1965 (20 U.S.C.
1092(g)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(K) The amount of revenue generated by each of
the following categories, disaggregated by each sports
team, if applicable:
``(i) Ticket sales.
``(ii) Student fees.
``(iii) Distributions from any other
intercollegiate athletic association,
conference, or tournament.
``(iv) Appearance guarantees and options.
``(v) Contributions from alumni and others.
``(vi) Compensation and benefits provided
by third-party support.
``(vii) Concessions, programs, novelties,
and parking.
``(viii) Broadcast and media rights,
reported separately for television, radio,
internet, and print.
``(ix) Royalties, advertising, and
sponsorship.
``(x) Sports camps.
``(xi) Endowment and investment income,
reported separately for each source of such
income.
``(xii) Direct institutional support.
``(xiii) Indirect institutional support for
facilities, services, and administrative
support.
``(xiv) Direct government support, reported
separately by State government, local
government, Federal Government.
``(L) The expenses attributable to each of the
following categories, disaggregated by each sports
team, as applicable:
``(i) Grants-in-aid.
``(ii) Guarantees and options.
``(iii) Total salaries and benefits, and
salaries and benefits paid by the institution
and by third parties, respectively, to head
coaches, to assistant coaches, and for
administrative salaries.
``(iv) Severance pay.
``(v) Team travel.
``(vi) Recruiting.
``(vii) Equipment, uniforms, and supplies.
``(viii) Fundraising.
``(ix) Marketing and promotion.
``(x) Game expenses.
``(xi) Medical.
``(xii) Membership dues.
``(xiii) Sports camps.
``(xiv) Spirit groups.
``(xv) Transfers to the institution.
``(xvi) Debt service payments.
``(xvii) Athletic facility maintenance and
rental.
``(xviii) Indirect facilities and
administrative support.
``(xix) Education and general expenses of
the institution--
``(I) including instruction,
research, public service, academic
support, student services,
instructional support, and scholarships
and fellowships; and
``(II) which do not include
expenses with respect to auxiliary
enterprises, hospitals, or independent
operations.'';
(2) in paragraph (5)--
(A) by striking ``the term'' and inserting the
following:
``(A) the term'';
(B) by striking the period at the end inserting ``;
and''; and
(C) by adding at the end the following:
``(B) the terms listed in each of the categories
under subparagraphs (K) through (L) of paragraph (1)
shall be defined by the Secretary by regulation,
developed in consultation with the Secretary of the
Treasury and the task force described in paragraph
(6)(A), and such definitions shall be updated in
accordance with paragraph (6)(B).''; and
(3) by adding at the end the following:
``(6) Task force; definition updates.--
``(A) Task force.--The Secretary shall appoint a
task force of nonprofit and higher education accounting
experts, professionals, and organizations representing
each of the following:
``(i) Institutions of higher education that
are members of division I of National
Collegiate Athletic Association.
``(ii) Institutions of higher education
that are members of division II of National
Collegiate Athletic Association.
``(iii) Institutions of higher education
that are members of division III of National
Collegiate Athletic Association.
``(B) Updating definitions.--The Secretary, on a
biannual basis and in consultation with the task force
described in subparagraph (A), shall review each
definition under paragraph (5)(B) and, if necessary,
update such definition in accordance with generally
accepted accounting principles or significant changes
in the national system of intercollegiate athletics.
``(7) Special rule.--An institution of higher education
that submits the information described in subparagraphs (K)
through (L) of paragraph (1) to an intercollegiate athletic
association for an academic year, and such information is
verified by an independent audit and certified by chancellor of
the institution, may, in lieu of submitting such information
under paragraph (1), request such association to directly
submit such information to the Secretary on behalf of the
institution for such academic year.''.
SEC. 3. PROGRAM REQUIREMENTS.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30)(A) An institution will not be a member of any
intercollegiate athletic association or participate in any
national intercollegiate athletics competition organized by any
person, unless such association or person reports, on an annual
basis, to the Secretary the following, disaggregated by sport,
athletic event, or contract, as applicable:
``(i) Total generated revenue and amount of
revenue generated by each of the following
categories:
``(I) Total ticket sales.
``(II) Distributions from other
intercollegiate athletic organization
or person.
``(III) Cash contributions.
``(IV) Dues and other assessments
from member institutions of higher
education.
``(V) Third-party support.
``(VI) Merchandise.
``(VII) Concessions, programs, and
novelties.
``(VIII) Broadcast and media
rights, reported separately for
television, radio, internet, and print.
``(IX) Endowment and investment
income, reported separately for each
source of such income.
``(X) Other corporate sponsorship.
``(XI) Royalties, advertising, and
sponsorship.
``(XII) Net assets.
``(XIII) Direct government support,
reported separately by State
government, local government, or
Federal Government.
``(XIV) Any other category
determined appropriate by the
Secretary.
``(ii) Amount of expenses attributable to
each of the following categories:
``(I) Disbursements to institutions
of higher educations, athletic
conferences, or other persons.
``(II) Salaries and benefits.
``(III) Severance pay.
``(IV) Equipment, uniforms, and
supplies.
``(V) Fundraising.
``(VI) Marketing and promotion.
``(VII) Game expenses.
``(VIII) Medical.
``(IX) Facility construction.
``(X) Facility maintenance and
rental.
``(XI) Capital investment.
``(XII) Debt service payments.
``(XIII) Charitable donations.
``(XIV) Any other category
determined appropriate by the
Secretary.
``(iii) Executive compensation schedules.
``(B) The Secretary shall--
``(i) define by regulation, developed in
consultation with the Secretary of the Treasury
and the task force described in section
485(g)(6)(A), the terms listed in each of the
categories under subparagraphs (A); and
``(ii) on a biannual basis and in
consultation with such task force, review each
definition under clause (i) and, if necessary,
update such definition in accordance with
generally accepted accounting principles or
significant changes in the national system of
intercollegiate athletics.''. | Standardization of Collegiate Oversight of Revenues and Expenditures Act or the SCORE Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each coeducational institution of higher education (IHE) that is participating in a title IV program and has an intercollegiate athletic program to include in its annual report on its intercollegiate athletic program: (1) the amount of revenue generated by each item on a list of categorized sources, disaggregated by each sports team; and (2) the expenses attributable to each item on a list of categorized activities or obligations, disaggregated by each sports team. Prohibits an IHE from being a member of any intercollegiate athletic association or participating in any national intercollegiate athletics competition organized by any person, unless such association or person annually reports and disaggregates by sport, athletic event, or contract, as applicable: (1) the total generated revenue and amount of revenue generated by each item on a list of categorized sources, (2) the amount of expenses attributable to each item on a list of categorized activities or obligations, and (3) executive compensation schedules. Directs the Secretary of Education to: (1) define the categories of information that must be reported pursuant to this Act; and (2) biannually review and, as necessary, update each definition in accordance with generally accepted accounting principles or significant changes in the national system of intercollegiate athletics. Directs the Secretary to appoint a task force, made up of representatives from division I, II, and III schools in the National Collegiate Athletic Association (NCAA), with which the Secretary is to consult in defining or redefining each category. | {"src": "billsum_train", "title": "SCORE Act"} | 1,818 | 369 | 0.603706 | 1.658155 | 0.731091 | 3.025559 | 5.559105 | 0.846645 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Video Consumers Have Options in
Choosing Entertainment Act of 2013'' or the ``Video CHOICE Act of
2013''.
SEC. 2. CARRIAGE DURING RETRANSMISSION CONSENT NEGOTIATION IMPASSE.
Section 325(b)(3) of the Communications Act of 1934 (47 U.S.C.
325(b)(3)) is amended by adding at the end the following:
``(D) If a negotiation for a replacement or extended retransmission
consent agreement between a television broadcast station and a
multichannel video programming distributor reaches an impasse that
results in the expiration of the carriage rights of the multichannel
video programming distributor, the Commission may, notwithstanding
paragraph (1)(A), authorize interim carriage of such station by such
distributor pending the conclusion of a new agreement.''.
SEC. 3. PROHIBITION OF AGREEMENTS CONDITIONED ON CARRIAGE OF AFFILIATED
PROGRAMMING.
(a) In General.--Section 325(b) of the Communications Act of 1934
(47 U.S.C. 325(b)) is amended by redesignating paragraph (7) as
paragraph (8) and inserting after paragraph (6) the following:
``(7) A television broadcast station that elects to exercise its
right to grant retransmission consent under this subsection may not
enter into a retransmission consent agreement with a multichannel video
programming distributor that is directly or indirectly conditioned on
carriage of any other programming affiliated with such station (or with
a person who owns or controls, is owned or controlled by, or is under
common ownership or control with such station).''.
(b) No Effect on Prior Agreements.--The amendment made by
subsection (a) shall apply with respect to retransmission consent
agreements entered into after the date of the enactment of this Act.
SEC. 4. RULEMAKING ON BLOCKING OF ONLINE CONTENT DURING NEGOTIATIONS.
Not later than 6 months after the date of the enactment of this
Act, the Federal Communications Commission shall complete a rulemaking
proceeding to determine whether, during retransmission consent
negotiations or after the parties to such negotiations reach an impasse
resulting in the expiration of an existing retransmission consent
agreement, the blocking of online content owned by or affiliated with a
television broadcast station (or a person who owns or controls, is
owned or controlled by, or is under common ownership or control with
such station) constitutes a failure to negotiate in good faith under
section 325(b)(3)(C)(ii) of the Communications Act of 1934 (47 U.S.C.
325(b)(3)(C)(ii)).
SEC. 5. CABLE SERVICE TIERS.
(a) Contents of Basic Service Tier.--Section 623(b)(7)(A) of the
Communications Act of 1934 (47 U.S.C. 543(b)(7)(A)) is amended by
striking clause (iii).
(b) Retransmission Consent Service Tier.--
(1) In general.--Section 623(b) of the Communications Act
of 1934 (47 U.S.C. 543(b)) is amended by adding at the end the
following:
``(9) Retransmission consent service tier.--
``(A) In general.--Each cable operator of a cable
system shall offer its subscribers a separately
available retransmission consent service tier that
consists only of the signal of each television
broadcast station electing retransmission consent under
section 325(b) that is carried on the cable system.
``(B) Subject to rate regulation.--The
retransmission consent service tier described in
subparagraph (A) shall be subject to rate regulation
under this Act to the same extent as the basic service
tier described in paragraph (7).''.
(2) Prohibition on certain bundling.--Section 623(b)(8)(A)
of the Communications Act of 1934 (47 U.S.C. 543(b)(8)(A)) is
amended to read as follows:
``(A) Prohibition.--A cable operator may not
require the subscription to any tier other than the
basic service tier required by paragraph (7) as a
condition of access to, or discriminate between
subscribers to the basic service tier and other
subscribers with regard to the rates charged for--
``(i) video programming offered on a per
channel or per program basis; or
``(ii) the retransmission consent service
tier described in paragraph (9).''.
(3) Conforming amendment.--Section 623(a)(2)(A) of the
Communications Act of 1934 (47 U.S.C. 543(a)(2)(A)) is amended
by striking ``basic cable service'' and inserting ``the basic
service tier described in subsection (b)(7)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 6 months after the date of the enactment of
this Act.
SEC. 6. FCC STUDY OF SPORTS PROGRAMMING COSTS.
For the first year that begins after the date that is 6 months
after the date of the enactment of this Act and each year thereafter,
the Federal Communications Commission shall conduct a study and submit
to Congress a report on the costs paid by multichannel video
programming distributors (as defined in section 602 of the
Communications Act of 1934 (47 U.S.C. 522)) for carriage of regional
and national television sports networks in the top 20 regional sports
markets, as determined by the Commission. | Video Consumers Have Options in Choosing Entertainment Act of 2013 or the Video CHOICE Act of 2013 - Amends the Communications Act of 1934 to allow the Federal Communications Commission (FCC), if a negotiation for a replacement or extended retransmission consent agreement between a television broadcast station and a multichannel video programming distributor (MVPD) reaches an impasse resulting in the expiration of the carriage rights of the MVPD, to authorize interim carriage of such station by the MVPD pending the conclusion of a new agreement. Prohibits a station that elects to grant retransmission consent from entering into an agreement with an MVPD that is conditioned on carriage of any other programming affiliated with such station (or with a person who owns or controls, is owned or controlled by, or is under common ownership or control with such station). Directs the FCC to complete a rulemaking proceeding to determine whether, during retransmission consent negotiations or after the parties to such negotiations reach an impasse resulting in the expiration of an existing agreement, the blocking of online content owned by or affiliated with a television broadcast station constitutes a failure to negotiate in good faith under communications laws addressing false, fraudulent, or unauthorized transmissions. Removes from the minimum contents of a basic service tier a requirement for cable system operators to provide to subscribers any signal of any television broadcast station that is provided by the cable operator to any subscriber, thereby enabling subscribers to obtain basic cable television service without receiving broadcast stations that elect to collect fees through retransmission consent agreements. Requires each cable system operator to offer its subscribers a separately available retransmission consent service tier that consists only of the signal of each television broadcast station electing retransmission consent that is carried on the cable system. Makes such retransmission consent service tier subject to the same rate regulation as the basic service tier. Prohibits cable operators from requiring a subscription to any tier of service other than the required basic service tier as a condition of access to, or from discriminating between subscribers to the basic service tier and other subscribers with regard to the rates charged for: (1) video programming offered on a per channel or per program basis, or (2) the retransmission consent service established under this Act. (Thus, prohibits services or programming from being limited to certain "bundling" arrangements.) Directs the FCC to submit to Congress an annual report regarding the costs paid by MVPDs for carriage of regional and national television sports networks in the top 20 regional sports markets. | {"src": "billsum_train", "title": "Video CHOICE Act of 2013"} | 1,304 | 567 | 0.689842 | 2.280286 | 0.74752 | 4.959052 | 2.189655 | 0.872845 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Food Safety Database Act of
2003''.
SEC. 2. ESTABLISHMENT OF FOOD SAFETY DATABASE.
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341 et seq.) is amended by adding at the end the following section:
``SEC. 416. SAFE FOOD SUPPLIER DATABASE FOR HOSPITALS, NURSING HOMES,
SCHOOLS, AND CHILD CARE FACILITIES.
``(a) In General.--
``(1) Availability of food safety information.--Through the
database under subsection (b), the Secretary, in coordination
with the Secretary of Agriculture and the heads of other
appropriate agencies, shall in accordance with this section
make available to eligible institutions food safety information
relating to food procurement by the institutions.
``(2) Eligible institutions.--For purposes of this section,
the term `eligible institutions' means--
``(A) hospitals, nursing homes, schools, and child
care facilities; and
``(B) such additional institutions as the Secretary
determines to be appropriate.
``(b) Electronic Database.--
``(1) Database.--For purposes of subsection (a), the
Secretary shall establish and maintain an electronic database
containing up-to-date food safety information. The Secretary
shall ensure that the database is in operation not later than
August 1, 2005.
``(2) Food safety information.--
``(A) In general.--Information is food safety
information for purposes of this section, and shall be
included in the database under paragraph (1), if the
information relates to food intended for human
consumption that, as determined by the Secretary--
``(i) is adulterated or misbranded; or
``(ii) is at risk of being or becoming
adulterated or misbranded as a result of the
conditions under which the food is
manufactured, processed, packed, transported,
or held.
``(B) Certain information.--Food information
required to be included in the database under paragraph
(1) includes information relating to enforcement
actions; findings by the Secretary regarding the
outbreak of food-borne illness; recalls of shipments;
findings by the Secretary, made in inspections of
facilities, that significant objectionable conditions
exist (relating to products or processes); and such
other information regarding food safety concerns as the
Secretary determines to be appropriate.
``(C) Registration of food facilities.--The second
and third sentences of section 415(a)(4) shall not
apply with respect to the inclusion of food safety
information in the database under paragraph (1).
``(D) Confidentiality.--In including an item of
information in the database under paragraph (1), the
Secretary shall electronically identify, in a manner
evident to users of the database, items that are
confidential.
``(c) Manner of Using Database.--
``(1) Authorization of state officials.--
``(A) In general.--Upon request of a State, the
Secretary shall authorize State officials and employees
to have access to the database under subsection (b),
subject to the State entering into an agreement with
the Secretary regarding the use of the database. The
Secretary may not provide such authorization for such
an official or employee unless the official or employee
is recommended by the State to be so authorized and--
``(i) is employed in a State agency that
administers a State law that regulates an
eligible institution; or
``(ii) is employed in the principal State
agency regarding public health.
``(B) State administration.--An agreement under
subparagraph (A) shall provide for the following:
``(i) State responsibilities regarding the
database under subsection (b) will be carried
out through State officials and employees
authorized under subparagraph (A).
``(ii) Except as provided in clause (iii),
the State officials or employees who carry out
database responsibilities regarding a type of
eligible institution will be officials or
employees of the State agency referred to in
subparagraph (A)(i) with respect to that type
of eligible institution.
``(iii) The activities of the State
regarding such database will be under the
general supervision of an official of
the principal State agency regarding public health.
``(2) Access of eligible institutions.--An agreement under
paragraph (1) shall provide for the following:
``(A) Upon request of an eligible institution in
the State, the State will authorize one or more
officials of the institution to receive food safety
information from the database.
``(B) Once an official of an eligible institution
has been so authorized, the State will--
``(i) through the Internet or, if the
eligible institution does not have Internet
access, through other electronic means, provide
to the official information in the database
that relates to food procurement by the
institution, as indicated by the sources from
which the institution obtains food; and
``(ii) in providing the information,
identify any items of information that are
considered confidential under subsection (f).
``(d) Interagency Task Force.--An interagency task force shall be
established for purposes of facilitating coordination among Federal
agencies pursuant to subsection (a)(1).
``(e) Advisory Committee.--
``(1) In general.--The Secretary shall establish an
advisory committee to make recommendations to the Secretary
regarding the administration of this section, including
recommendations on the types of information needed by eligible
institutions to make informed decisions in purchasing food to
avoid the purchase of food that may be adulterated or
misbranded. Not later than six months after the date on which
the first meeting of the advisory committee occurs, the
committee, in consultation with the task force under subsection
(d), shall submit to the Secretary a report providing the
initial recommendations of the committee regarding the
information needed by eligible institutions to make such
informed decisions.
``(2) Composition.--The membership of the advisory
committee under paragraph (1) (referred to in this subsection
as the `advisory committee') shall include, at a minimum,
representatives of the following:
``(A) Anticipated users of the database, including
State public health officials.
``(B) Representatives of persons who manufacture,
process, pack, transport, or hold food.
``(C) Representatives of consumer groups.
``(D) Representatives of Federal agencies that have
significant responsibilities regarding food safety.
``(3) Reimbursement.--Members of the advisory committee may
not be compensated for service on the committee. Such members
may, in accordance with chapter 57 of title 5, United States
Code, be reimbursed for travel, subsistence, and other
necessary expenses incurred in carrying out the duties of the
committee.
``(4) Initial meeting.--The Secretary shall ensure that the
first meeting of the advisory committee occurs not later than
90 days after the effective date of this section.
``(f) Grants.--The Secretary may make grants to States for the
purpose of assisting the States with the costs of providing food safety
information to eligible institutions pursuant to agreements under
subsection (c)(1). The Secretary may authorize a State that receives
such a grant to use a portion of the grant to assist eligible
institutions in the State with the costs of obtaining and using food
safety information pursuant to subsection (c)(2).
``(g) Regulations.--
``(1) Program criteria.--The Secretary shall by regulation
establish criteria for the program under this section,
including criteria for the participation of States pursuant to
paragraph (1) of subsection (c) and the participation of
eligible institutions pursuant to paragraph (2) of such
subsection.
``(2) Confidentiality.--
``(A) In general.--Regulations under paragraph (1)
shall include--
``(i) criteria governing the access of
officials and employees of State agencies and
eligible institutions to confidential
information in the database under subsection
(b); and
``(ii) criteria for the use by such
officials and employees of such information,
including criteria regarding disclosure of the
information.
``(B) Civil penalty.--Any person who, in violation
of regulations under subparagraph (A), obtains or uses
confidential information from the database under
subsection (b) is liable to the United States for a
civil penalty in an amount to be determined by the
Secretary. Paragraphs (3) through (5) of section 303(g)
apply to a civil penalty under the preceding sentence
to the same extent and in the same manner as such
paragraphs apply to a civil penalty under such section.
``(h) Definitions.--For purposes of this section:
``(1) The term `child care facility' means any public or
nonprofit private organization that provides nonresidential
child care, or day care outside school hours for school
children.
``(2) The term `eligible institution' has the meaning given
such term in subsection (a)(2).
``(3) The term `food safety information' has the meaning
indicated for such term in subsection (b).
``(4) The term `hospital' has the meaning given such term
in section 1861(e) of the Social Security Act.
``(5) The term `nursing home' means a skilled nursing
facility as defined in section 1819(a) of the Social Security
Act.''. | National Food Safety Database Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act to provide for the establishment of an electronic food safety database which shall be made available, through State agreements, to hospitals, nursing homes, schools, child care facilities, and other eligible institutions. Authorizes related State grants.
Requires such database to maintain information concerning: (1) enforcement actions; (2) recalls; (3) food-borne illness outbreaks; and (4) facility inspections.
Provides for the establishment of a related interagency task force and advisory committee. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to facilitate the procurement of safe food by hospitals, nursing homes, schools, and child care facilities."} | 2,035 | 119 | 0.581158 | 1.536417 | 0.589127 | 3.044643 | 17.526786 | 0.9375 |
SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This Act may be cited as the ``Congressional
Redistricting Formula Act''.
(b) Finding.--Congress finds that it has the authority to establish
the terms and conditions States must follow in carrying out
congressional redistricting after an apportionment of Members of the
House of Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives; and
(2) the authority granted to Congress under section 5 of
the 14th amendment to the Constitution gives Congress the power
to enact laws to enforce section 2 of such amendment, which
requires Representatives to be apportioned among the several
States according to their number.
SEC. 2. STANDARDS FOR ESTABLISHMENT OF CONGRESSIONAL DISTRICTS.
(a) Requiring Redistricting To Follow Standards.--
(1) In general.--Notwithstanding any other provision of
law, any Congressional redistricting conducted by a State after
an apportionment of Representatives shall be conducted in
accordance with a plan--
(A) which meets the standards described in
subsection (b); and
(B) is enacted in accordance with the public notice
requirements of subsection (c).
(2) Priority in case of conflict.--To the extent that it is
inconsistent for a State to apply each of the standards
described in subsection (b) in the case of a Congressional
district, the State shall give priority to the standards in the
order in which they are listed in subsection (b).
(b) Standards Described.--
(1) Equal population.--The number of persons in each
Congressional district in a State shall be as nearly equal to
the number of persons in each other district in the State as is
practicable.
(2) Basis for determining population.--The enumeration made
pursuant to section 2 of article I of the Constitution shall be
the sole basis for determining population.
(3) Contiguity of territory.--Congressional districts in
the State shall be comprised of contiguous territory, including
adjoining insular territory.
(4) Consistency with voting rights act.--Congressional
districts in the State shall be established in conformance with
the requirements of the Voting Rights Act of 1965.
(5) No dilution of voting strength.--Congressional
districts in the State may not be established with the major
purpose of diluting the voting strength of any person, or
group, including any political party, except as necessary to
comply with the requirements of the Voting Rights Act of 1965.
(6) Avoiding division of units of local government.--
(A) In general.--Except as necessary to comply with
the requirements of the Voting Rights Act of 1965, the
boundaries of Congressional districts in the State
shall be drawn so as to avoid the unnecessary division
of units of local government and, to the greatest
extent possible, shall be drawn in accordance with the
following specific standards:
(i) No more than one Congressional district
shall cross the common boundary between any 2
counties, townships, towns, villages, cities,
or any other units of local government.
(ii) No Congressional district shall
contain more than 2 fragments of counties,
townships, towns, villages, cities, or any
other units of local government.
(iii) No county, township, town, village,
city, or other unit of local government shall
contain more than 2 Congressional district
fragments.
(B) Fragment defined.--For purposes of subparagraph
(A), the term ``fragment'' means, with respect to a
Congressional district, county, township, town,
village, city, or other unit of local government, a
portion of the unit which does not contain all the
population of the Congressional district or unit of
local government (as the case may be). For purposes of
this specific standard, a unit of local government
includes the area and population entirely surrounded by
that unit's outer boundary, including the area and
population of any other units of local government
within that boundary.
(7) Promoting compactness of districts.--
(A) In general.--Congressional districts in a State
shall be compact in form, and the boundaries of
districts shall be drawn so that nearby populations are
not bypassed in favor of more distant populations, in
accordance with the following criteria:
(i) Each district shall contain no less
than 60 percent of the population contained in
that figure drawn around that district, bounded
by only straight lines, with the shortest
possible perimeter.
(ii) The average of the sum of percentages
calculated under clause (i) for all the
districts in the State shall not be less than
75 percent.
(iii) Only the population within the State
in which each district is located shall be used
in making the calculations described in clauses
(i) and (ii), except that the population of
offshore islands may be excluded in making
these calculations.
(B) Computation of percentages.--For purposes of
computing the percentages described in subparagraph
(A), the total populations of a census block shall be
deemed within a Congressional district or figure
surrounding that Congressional district if the
geographic center of that block falls within the
district or the figure drawn around the district. For
purposes of the previous sentence, the geographic
center of a census block shall be defined as the point
contained within the boundaries of the census block
which is normally calculated to display a label in that
block when generating a map.
(c) Public Notice Requirements.--
(1) Solicitation of comments prior to enactment.--A State
may not enact a plan for Congressional redistricting unless,
during a period of at least 2 weeks preceding the enactment of
the plan--
(A) the State makes available on the Internet and
publishes detailed maps showing the exact boundaries of
each proposed Congressional district and a detailed
analysis of the population of each proposed
Congressional district; and
(B) the State solicits comments and questions on
the plan from the public, under such methods as the
State may select which provide the greatest opportunity
practicable for public input.
(2) Sharing of information used to develop plans.--
(A) Posting of information.--During the period
described in subparagraph (B), the entity of the
government of a State which responsible for conducting
Congressional redistricting in the State shall make
available on the Internet (on a continuously updated
basis) all of the population and demographic data which
is used by the State to develop Congressional
redistricting plans.
(B) Period described.--The period described in this
subparagraph is the period--
(i) which begins on the final deadline
provided under section 22(b) of the Act
entitled ``An Act to provide for the fifteenth
and subsequent decennial censuses and to
provide for an apportionment of Representatives
in Congress'', approved June 18, 1929 (2 U.S.C.
2a), for the Clerk of the House of
Representatives to transmit to the State the
notice of the number of Representatives to
which the State is entitled in the following
Congress; and
(ii) which ends on the date on which the
State enacts the Congressional redistricting
plan.
SEC. 3. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this Act may be construed to affect the manner in which
a State carries out elections for State or local office, including the
process by which a State establishes the districts used in such
elections.
SEC. 4. EFFECTIVE DATE.
This Act shall apply with respect to any congressional
redistricting which occurs after the regular decennial census conducted
during 2010. | Congressional Redistricting Formula Act - Requires any congressional redistricting conducted by a state after an apportionment of Representatives to be conducted in accordance with a plan which: (1) meets certain standards; and (2) is enacted in accordance with specified public notice requirements.
Sets standards regarding: (1) equal population for each congressional district in a state; (2) contiguity of territory; (3) consistency with the Voting Rights Act of 1965; (4) nondilution of the voting strength of any person or group, including any political party; (5) avoidance of fragmenting local government units; and (6) compactness of districts. | {"src": "billsum_train", "title": "To establish the terms and conditions States must follow in carrying out Congressional redistricting."} | 1,739 | 144 | 0.626831 | 1.636431 | 0.6918 | 3.146341 | 12.756098 | 0.934959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Congressional Oversight of
Immigration Act''.
SEC. 2. AUTHORIZATION SUNSET.
The authority exercised by the Secretary of Homeland Security
through U.S. Citizenship and Immigration Services on the date of the
enactment of this Act shall expire on the date that is 2 years after
such enactment date, unless extended by legislation.
SEC. 3. PROHIBITION ON USE OF FUNDS.
No funds, resources, or fees made available to the Director of U.S.
Citizenship and Immigration Services by any Act for any fiscal year,
including any deposits into the Immigration Examinations Fee Account
established under section 286(m) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)), may be used to implement, administer, enforce, or
carry out (including through the issuance of any regulations) any of
the policy changes set forth or recommended in the following documents
(or any substantially similar policy changes issued or taken on or
after the date of the enactment of this Act, whether set forth in
memorandum, Executive order, regulation, directive, or by other
action):
(1) The memorandum from the Director of U.S. Immigration
and Customs Enforcement entitled ``Civil Immigration
Enforcement: Priorities for the Apprehension, Detention, and
Removal of Aliens'' dated March 2, 2011.
(2) The memorandum from the Director of U.S. Immigration
and Customs Enforcement entitled ``Exercising Prosecutorial
Discretion Consistent with the Civil Immigration Enforcement
Priorities of the Agency for the Apprehension, Detention, and
Removal of Aliens'' dated June 17, 2011.
(3) The memorandum from the Director of U.S. Immigration
and Customs Enforcement entitled ``Prosecutorial Discretion:
Certain Victims, Witnesses, and Plaintiffs'' dated June 17,
2011.
(4) The U.S. Citizenship and Immigration Services policy
memorandum entitled ``Revised Guidance for the Referral of
Cases and Issuance of Notices to Appear (NTAs) in Cases
Involving Inadmissible and Removable Aliens'' dated November 7,
2011.
(5) The memorandum from the Principal Legal Advisor of U.S.
Immigration and Customs Enforcement entitled ``Case-by-Case
Review of Incoming and Certain Pending Cases'' dated November
17, 2011.
(6) The recommendations included in the report from the
Director of U.S. Immigration and Customs Enforcement entitled
``ICE Response to the Task Force on Secure Communities Findings
and Recommendations'' dated April 27, 2012.
(7) The memorandum from the Secretary of Homeland Security
entitled ``Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children'' dated
June 15, 2012.
(8) The memorandum from the Director of U.S. Immigration
and Customs Enforcement entitled ``Civil Immigration
Enforcement: Guidance on the Use of Detainers in the Federal,
State, Local, and Tribal Criminal Justice Systems'' dated
December 21, 2012.
(9) The U.S. Citizenship and Immigration Services policy
memorandum entitled ``Adjudication of Adjustment of Status
Applications for Individuals Admitted to the United States
Under the Visa Waiver Program'' dated November 14, 2013.
(10) The memorandum from the Secretary of Homeland Security
entitled ``Policies for the Apprehension, Detention and Removal
of Undocumented Immigrants'' dated November 20, 2014.
(11) The memorandum from the Secretary of Homeland Security
entitled ``Secure Communities'' dated November 20, 2014.
(12) The memorandum from the Secretary of Homeland Security
entitled ``Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children and with
Respect to Certain Individuals Who Are the Parents of U.S.
Citizens or Permanent Residents'' dated November 20, 2014.
(13) The memorandum from the Secretary of Homeland Security
entitled ``Expansion of the Provisional Waiver Program'' dated
November 20, 2014.
(14) The memorandum from the Secretary of Homeland Security
entitled ``Policies Supporting U.S. High-Skilled Businesses and
Workers'' dated November 20, 2014.
(15) The memorandum from the Secretary of Homeland Security
entitled ``Families of U.S. Armed Forces Members and
Enlistees'' dated November 20, 2014.
(16) The memorandum from the Secretary of Homeland Security
entitled ``Directive to Provide Consistency Regarding Advance
Parole'' dated November 20, 2014.
(17) The memorandum from the Secretary of Homeland Security
entitled ``Policies to Promote and Increase Access to U.S.
Citizenship'' dated November 20, 2014.
(18) The memorandum from the President entitled
``Modernizing and Streamlining the U.S. Immigrant Visa System
for the 21st Century'' dated November 21, 2014.
(19) The memorandum from the President entitled ``Creating
Welcoming Communities and Fully Integrating Immigrants and
Refugees'' dated November 21, 2014. | Ensuring Congressional Oversight of Immigration Act This bill terminates the authority exercised by the Department of Homeland Security (DHS) through U.S. Citizenship and Immigration Services (USCIS) two years after enactment of this Act, unless extended by legislation. No funds, fees, or resources available to USCIS may be used to implement specified immigration-related memoranda from the President, DHS, USCIS, or U.S. Immigration and Customs Enforcement. | {"src": "billsum_train", "title": "Ensuring Congressional Oversight of Immigration Act"} | 1,196 | 106 | 0.542403 | 1.420742 | 0.773542 | 2.987342 | 12.291139 | 0.835443 |
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