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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Protection Act of 2009''.
SEC. 2. REQUIREMENT OF CRIMINAL BACKGROUND CHECKS.
The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended by inserting after section 658G the following
new section:
``SEC. 658H. CRIMINAL BACKGROUND CHECKS.
``(a) In General.--A State that receives funds to carry out this
subchapter shall have in effect--
``(1) requirements, policies, and procedures to require and
conduct criminal background checks for child care staff members
(including prospective child care staff members) of child care
providers described in subsection (c); and
``(2) licensing, regulation, and registration requirements,
as applicable, that prohibit the employment of child care staff
members as described in subsection (c).
``(b) Requirements.--A criminal background check for a child care
staff member under subsection (a) shall include--
``(1) a search of the State criminal registry or repository
in the State where the child care staff member resides and each
State where such staff member previously resided;
``(2) a search of State-based child abuse and neglect
registries and databases in the State where the child care
staff member resides and each State where such staff member
previously resided;
``(3) a search of the National Crime Information Center;
``(4) a Federal Bureau of Investigation fingerprint check
using the Integrated Automated Fingerprint Identification
System; and
``(5) a search of the National Sex Offender Registry
established under the Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16901 et seq.).
``(c) Prohibitions.--
``(1) Child care staff members.--A child care staff member
shall be ineligible for employment by a child care provider
that is licensed, regulated, or registered by the State or
receives funds provided under this subchapter in a State if
such individual--
``(A) refuses to consent to the criminal background
check described in subsection (b);
``(B) makes a false statement in connection with
such criminal background check;
``(C) is registered, or is required to be
registered, on a State sex offender registry or the
National Sex Offender Registry established under the
Adam Walsh Child Protection and Safety Act of 2006 (42
U.S.C. 16901 et seq.);
``(D) has been convicted of a felony consisting
of--
``(i) murder, as described in section 1111
of title 18, United States Code;
``(ii) child abuse or neglect;
``(iii) a crime against children, including
child pornography;
``(iv) spousal abuse;
``(v) a crime involving rape or sexual
assault;
``(vi) kidnaping;
``(vii) arson; or
``(viii) physical assault, battery, or a
drug-related offense, committed within the past
5 years.
``(2) Child care providers.--A child care provider
described in paragraph (1) shall be ineligible for funds
provided under this subchapter if the provider employs a staff
member who is ineligible for employment under paragraph (1).
``(d) Submittal of Requests for Background Checks.--
``(1) In general.--A child care provider covered by
subsection (c) shall submit a request, to the appropriate State
agency designated by a State, for a criminal background check
described in subsection (b), for each child care staff member
(including prospective child care staff members) of the
provider.
``(2) Staff members.--In the case of an individual who
became a child care staff member before the date of enactment
of the Child Care Protection Act of 2009, the provider shall
submit such a request--
``(A) prior to the last day described in subsection
(i)(1); and
``(B) not less often than once during each 5-year
period following the first submission date under this
paragraph for that staff member.
``(3) Prospective staff members.--In the case of an
individual who is a prospective child care staff member on or
after than that date of enactment, the provider shall submit
such a request--
``(A) prior to the date the individual becomes a
child care staff member of the provider; and
``(B) not less often than once during each 5-year
period following the first submission date under this
paragraph for that staff member.
``(e) Background Check Results and Appeals.--
``(1) Background check results.--The State shall carry out
the request of a child care provider for a criminal background
check as expeditiously as possible and shall provide the
results of the criminal background check to such provider.
``(2) Appeals.--The State shall provide for a process by
which a child care staff member (including a prospective child
care staff member) may appeal the results of a criminal
background check conducted under this section to challenge the
accuracy or completeness of the information contained in such
member's criminal background report.
``(f) Fees for Background Checks.--Fees that a State may charge for
the costs of conducting a criminal background check as required by this
section shall not exceed the actual costs to the State for the
administration of such criminal background checks.
``(g) Construction.--Nothing in this section shall be construed to
prevent a State from disqualifying individuals as child care staff
members based on their conviction for crimes not specifically listed in
this section that bear upon an individual's fitness to provide care for
and have responsibility for the safety and well-being of children.
``(h) Definitions.--In this section--
``(1) the term `child care provider' means a center-based
child care provider, a group home child care provider, a family
child care provider, or other provider of child care services
for compensation and on a regular basis that--
``(A) is not an individual who is related to all
children for whom child care services are provided; and
``(B) is licensed, regulated, or registered under
State law or receives funds provided under this
subchapter; and
``(2) the term `child care staff member' means an
individual (other than an individual who is related to all
children for whom child care services are provided)--
``(A) who is employed by a child care provider for
compensation;
``(B) whose activities involve the care or
supervision of children for a child care provider or
access to children who are cared for or supervised by a
child care provider; or
``(C) who is a family child care provider.
``(i) Effective Date.--
``(1) In general.--A State that receives funds to carry out
this subchapter shall meet the requirements of this section for
the provision of criminal background checks for child care
staff members described in subsection (d)(1) not later than the
last day of the second full fiscal year after the date of
enactment of the Child Care Protection Act of 2009.
``(2) Extension.--The Secretary may grant a State an
extension of time, of not more than 1 fiscal year, to meet the
requirements of this section if the State demonstrates a good
faith effort to comply with the requirements of this section.
``(3) Penalty for noncompliance.--Except as provided in
paragraphs (1) and (2), for any fiscal year that a State fails
to comply substantially with the requirements of this section,
the Secretary shall withhold 5 percent of the funds that would
otherwise be allocated to that State under this subchapter for
the following fiscal year.''. | Child Care Protection Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require states that receive funds under such Act to: (1) require and conduct criminal background checks for staff members of child care providers; (2) prohibit the employment of a child care staff member who refuses to consent to a criminal background check, makes a false statement in connection with such background check, is registered as a sex offender, or is a convicted felon involving certain crimes; and (3) provide criminal background checks to child care providers upon request. Imposes a financial penalty on states that fail to comply substantially with the requirements of this Act. | {"src": "billsum_train", "title": "A bill to amend the Child Care and Development Block Grant Act of 1990 to require criminal background check for child care providers."} | 1,767 | 141 | 0.64689 | 1.805889 | 0.7135 | 3.648438 | 12.765625 | 0.945313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Louisiana Rice Economic Relief Act
of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The rice industry in the State of Louisiana contributes
significantly to the economy of that State and the United
States, with an estimated annual value of approximately
$250,000,000 and an estimated average annual economic benefit
of approximately $1,000,000,000.
(2) For the 2002 crop of rice, rice producers in the State
of Louisiana suffered from the lowest rice prices in more than
50 years.
(3) Since most of the 2002 crop of rice in the State of
Louisiana was sold during the harvest season, the market-
derived income of producers from the sale of rice fell to
record low levels.
(4) The historically-low income of producers from the sale
of rice in the State of Louisiana, even when combined with
Federal income support, still is devastating to--
(A) rice producers in the State;
(B) the rice industry infrastructure of the State;
(C) businesses that serve and depend on the rice
industry; and
(D) communities in which rice producers and their
families reside and in which the rice industry
operates.
(5) Because of the significant reduction in total income
and the current costs of production, many rice producers of the
State of Louisiana will not cover the total expenses they
incurred to produce and harvest the 2002 crop.
(6) The historically-low prices of the 2002 crop of rice in
the State of Louisiana have contributed to a combined market
price and Federal support income level that is approximately
$2.42 per hundredweight less than the average combined market
price and Federal support income levels during the 1998 through
2001 period, which is approximately 22 percent below the
average income level for the State for the same time period.
(7) Due to the historically-low rice prices and reduced
income, rice producers in the State of Louisiana and their
families are faced with dire economic circumstances that are
crippling them and the communities in which they live and work.
SEC. 3. ECONOMIC DISASTER ASSISTANCE FOR LOUISIANA RICE PRODUCERS.
(a) In General.--The Secretary of Agriculture shall use such sums
as are necessary of funds of the Commodity Credit Corporation to make
payments, as soon as practicable after the date of enactment of this
Act, to producers of the 2002 crop of rice on farms located in the
State of Louisiana, to assist producers as a result of the disastrous
economic conditions occurring with the 2002 crop of rice.
(b) Amount.--The amount of a payment made to producers on a farm
under this section shall be equal to the product obtained by
multiplying--
(1) the actual quantity of rice produced by the producers
on the farm during the 2002 crop year; and
(2) a payment rate of $2.42 per hundredweight.
(c) Payment Limitation.--
(1) In general.--The total amount of payments that a person
shall be entitled to receive under this section may not exceed
$40,000.
(2) Regulations.--The Secretary shall promulgate
regulations defining the term ``person'' for the purposes of
paragraph (1), which shall conform, to the maximum extent
practicable, to the regulations defining the term ``person''
promulgated under section 1001 of the Food Security Act of 1985
(7 U.S.C. 1308). The Secretary also shall promulgate such
additional regulations as the Secretary determines necessary to
ensure a fair and reasonable application of the limitation
established under such paragraph.
(d) Information.--In carrying out this section, the Secretary
shall, to the maximum extent practicable--
(1) use information that the Secretary has obtained from
administering other provisions of law; and
(2) minimize any additional information or requirements
that are imposed on eligible producers.
(e) Administrative Offset.--Payments under this section shall not
be subject to administrative offset, including administrative offset
under chapter 37 of title 31, United States Code, or the Commodity
Credit Corporation Charter Act (15 U.S.C. 714 et seq.).
SEC. 4. COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this Act.
SEC. 5. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 6. EMERGENCY DESIGNATION.
(a) In General.--The entire amount made available under this Act
shall be available only to the extent that the President submits to
Congress an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an
emergency requirement for the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
(b) Designation.--The entire amount made available under this
section is designated by Congress as an emergency requirement under
sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A),
902(e)). | Louisiana Rice Economic Relief Act of 2003 - Directs the Secretary of Agriculture to provide economic disaster assistance ($40,000 maximum per person) to producers of the 2002 rice crop in Louisiana. | {"src": "billsum_train", "title": "To provide economic disaster assistance to producers of the 2002 crop of rice in the State of Louisiana."} | 1,248 | 37 | 0.591236 | 1.468529 | 0.529273 | 2.714286 | 33.571429 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wider Incentives for Non-Gasoline
Small Electric Vehicles Act of 2002'' or the ``WINGS EV Act of 2002''.
SEC. 2. MODIFICATION OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES.
(a) Amount of Credit.--
(1) In general.--Section 30(a) of the Internal Revenue Code
of 1986 (relating to allowance of credit) is amended by
striking ``10 percent of''.
(2) Limitation of credit according to type of vehicle.--
Section 30(b) of such Code (relating to limitations) is
amended--
(A) by striking paragraphs (1) and (2) and
inserting the following:
``(1) Limitation according to type of vehicle.--The amount
of the credit allowed under subsection (a) for any vehicle
shall not exceed the greatest of the following amounts
applicable to such vehicle:
``(A) In the case of a vehicle which conforms to
the Motor Vehicle Safety Standard 500 prescribed by the
Secretary of Transportation and in the case of an
eligible 3-wheeled vehicle, the lesser of--
``(i) 10 percent of the manufacturer's
suggested retail price of the vehicle, or
``(ii) $4,000.
``(B) In the case of a vehicle not described in
subparagraph (A) with a gross vehicle weight rating not
exceeding 8,500 pounds--
``(i) $4,000, or
``(ii) $6,000, if such vehicle is--
``(I) capable of a driving range of
at least 100 miles on a single charge
of the vehicle's rechargeable batteries
and measured pursuant to the urban
dynamometer schedules under appendix I
to part 86 of title 40, Code of Federal
Regulations, or
``(II) capable of a payload
capacity of at least 1000 pounds.
``(C) In the case of a vehicle with a gross vehicle
weight rating exceeding 8,500 but not exceeding 14,000
pounds, $10,000.
``(D) In the case of a vehicle with a gross vehicle
weight rating exceeding 14,000 but not exceeding 26,000
pounds, $20,000.
``(E) In the case of a vehicle with a gross vehicle
weight rating exceeding 26,000 pounds, $40,000.'', and
(B) by redesignating paragraph (3) as paragraph
(2).
(3) Conforming amendments.--
(A) Section 53(d)(1)(B)(iii) of such Code is
amended by striking ``section 30(b)(3)(B)'' and
inserting ``section 30(b)(2)(B)''.
(B) Section 55(c)(2) of such Code is amended by
striking ``30(b)(3)'' and inserting ``30(b)(2)''.
(b) Qualified Battery Electric Vehicle.--
(1) In general.--Section 30(c)(1)(A) of the Internal
Revenue Code of 1986 (defining qualified electric vehicle) is
amended to read as follows:
``(A) which is--
``(i) operated solely by use of a battery
or battery pack, or
``(ii) powered primarily through the use of
an electric battery or battery pack using a
flywheel or capacitor which stores energy
produced by an electric motor through
regenerative braking to assist in vehicle
operation,''.
(2) Eligible 3-wheeled vehicles included.--Subsection (c)
of section 30 of such Code is amended by adding at the end the
following new paragraph:
``(3) Eligible 3-wheeled vehicles included.--
``(A) In general.--An eligible 3-wheeled vehicle
shall not fail to be treated as a qualified battery
electric vehicle by reason of having only 3 wheels.
``(B) Eligible 3-wheeled vehicle.--The term
`eligible 3-wheeled vehicle' means any vehicle which--
``(i) conforms to the motor vehicle safety
standards prescribed by the Secretary of
Transportation that are applicable to
motorcycles, and
``(ii) is capable of a driving range of at
least 50 miles on a single charge of the
vehicle's rechargeable batteries and measured
pursuant to the urban dynamometer schedules
under appendix I to part 86 of title 40, Code
of Federal Regulations.''
(3) Leased vehicles.--Section 30(c)(1)(C) of such Code is
amended by inserting ``or lease'' after ``use''.
(4) Conforming amendments.--
(A) Subsections (a), (b)(2), and (c) of section 30
of such Code are each amended by inserting ``battery''
after ``qualified'' each place it appears.
(B) The heading of subsection (c) of section 30 of
such Code is amended by inserting ``Battery'' after
``Qualified''.
(C) The heading of section 30 of such Code is
amended by inserting ``battery'' after ``qualified''.
(D) The item relating to section 30 of such Code in
the table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by inserting
``battery'' after ``qualified''.
(E) Section 179A(c)(3) of such Code is amended by
inserting ``battery'' before ``electric''.
(F) The heading of paragraph (3) of section 179A(c)
of such Code is amended by inserting ``battery'' before
``electric''.
(c) Additional Special Rules.--Section 30(d) of the Internal
Revenue Code of 1986 (relating to special rules) is amended by adding
at the end the following:
``(5) No double benefit.--The amount of any deduction or
credit allowable under this chapter for any cost taken into
account in computing the amount of the credit determined under
subsection (a) shall be reduced by the amount of such credit
attributable to such cost.
``(6) Property used by tax-exempt entities.--In the case of
a credit amount which is allowable with respect to a vehicle
which is acquired by an entity exempt from tax under this
chapter, the person which sells or leases such vehicle to the
entity shall be treated as the taxpayer with respect to the
vehicle for purposes of this section and the credit shall be
allowed to such person, but only if the person clearly
discloses to the entity in any sale or lease contract the
specific amount of any credit otherwise allowable to the entity
under this section and reduces the sale or lease price of such
vehicle by an equivalent amount of such credit.''.
(d) Extension.--Section 30(e) of the Internal Revenue Code of 1986
(relating to termination) is amended by striking ``2004'' and inserting
``2007''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2001, in taxable
years ending after such date. | Wider Incentives for Non-Gasoline Small Electric Vehicles Act of 2002 or the WINGS EV Act of 2002 - Amends the Internal Revenue Code, concerning the electric motor vehicle credit, to: (1) redefine the term "qualified electric vehicle"; (2) increase the credit according to vehicle type; (3) make the credit available for leased vehicles and three wheeled vehicles; and (4) extend the credit three additional years. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the electric motor vehicle credit, including an expansion of the credit to certain 3-wheeled vehicles."} | 1,587 | 95 | 0.537963 | 1.280559 | 0.792877 | 2.428571 | 16.690476 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Loan Repayment Act of
2015''.
SEC. 2. LOAN REPAYMENT FOR TEACHERS.
(a) Sunsets.--The Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.) is amended--
(1) in section 420O--
(A) by striking ``Beginning'' and inserting ``(a)
In General.--Beginning''; and
(B) by adding at the end the following:
``(b) Sunset.--Beginning on the date of enactment of the Teacher
Loan Repayment Act of 2015, the Secretary shall not award funds under
this subpart for new TEACH Grants.'';
(2) in section 428J, by adding at the end the following:
``(i) Sunset.--Beginning on the date of enactment of the Teacher
Loan Repayment Act of 2015, the Secretary shall not enter into a new
agreement to assume the obligation to repay a qualified loan amount
under this section.'';
(3) in section 428K--
(A) by redesignating subsection (h) as subsection
(i); and
(B) by inserting after subsection (g) the
following:
``(h) Sunset.--Beginning on the date of enactment of the Teacher
Loan Repayment Act of 2015, the Secretary shall not enter into a new
agreement to forgive a qualified loan amount under this section.''; and
(4) in section 460, by adding at the end the following:
``(i) Sunset.--Beginning on the date of enactment of the Teacher
Loan Repayment Act of 2015, the Secretary shall not enter into a new
agreement to cancel the obligation to repay a qualified loan amount
under this section.''.
(b) Loan Repayment for Teachers.--Title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end
the following:
``PART J--LOAN REPAYMENT FOR TEACHERS
``SEC. 499A. LOAN REPAYMENT FOR TEACHERS.
``(a) Purpose.--The purpose of this section is to encourage highly
qualified individuals to enter and continue in the teaching profession,
and to ensure qualified effective teachers are encouraged to work in
high-need schools.
``(b) Definitions.--In this section:
``(1) Child with a disability.--The term `child with a
disability' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act.
``(2) Student loan.--The term `student loan' means a loan--
``(A) made, insured, or guaranteed under part B,
except as provided in subparagraph (C);
``(B) made under part D or E, except as provided in
subparagraph (C); or
``(C) made under section 428C or 455(g), to the
extent that such loan was used to repay a Federal
Direct Stafford Loan, a Federal Direct Unsubsidized
Stafford Loan, or a loan made under section 428 or
428H.
``(c) Program Authorized.--The Secretary shall carry out a program
under which the Department of Education shall assume the obligation to
repay a student loan, by direct payments on behalf of a borrower to the
holder of such loan, in accordance with subsection (e), for any
borrower who--
``(1) is not in default on a loan for which the borrower
seeks forgiveness; and
``(2) is employed as a full-time teacher for service in an
academic year (including such a teacher employed by an
educational service agency)--
``(A) in a public elementary school or secondary
school, which, for the purpose of this paragraph and
for that year--
``(i) has been determined by the Secretary
(after consultation with the State educational
agency of the State in which the school is
located) to be a school in which the number of
children meeting a measure of poverty under
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965, is not less
than 40 percent of the total number of children
enrolled in such school; and
``(ii) is in a school district served by a
local educational agency that is eligible in
such year for assistance pursuant to part A of
title I of the Elementary and Secondary
Education Act of 1965; or
``(B) in a public elementary school or secondary
school or location operated by an educational service
agency, which, for the purpose of this paragraph and
for that year, has been determined by the Secretary
(after consultation with the State educational agency
of the State in which the educational service agency
operates) to be a school or location in which the
number of children taught who meet a measure of poverty
under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965, is not less than 40
percent of the total number of children taught at such
school or location.
``(d) Special Rules.--
``(1) List.--If the list of schools in which a teacher may
perform service pursuant to subsection (c)(2) is not available
before May 1 of any year, the Secretary may use the list for
the year preceding the year for which the determination is made
to make such service determination.
``(2) Continuing eligibility.--Any teacher who performs
service in a school during which time their service meets the
requirements of subsection (c)(2) in any year, and, in a
subsequent year, fails to meet the requirements of such
subsection, may continue to teach in such school and shall be
eligible for loan cancellation pursuant to this section in
subsequent years.
``(3) Choice of loan repayment program.--An individual who,
on the date of enactment of the Teacher Loan Repayment Act of
2015, is participating in a loan repayment program under
section 428J, 428K, or 460, may choose to continue to
participate in such program or may enter into participation in
the program under this section if eligible to participate in
the program under this section.
``(e) Terms of Loan Repayment.--
``(1) Borrower agreement.--The Secretary and an individual
who desires to receive student loan repayment under this
section shall enter into an agreement that includes a provision
that to remain eligible to receive student loan repayment under
this section, the individual shall remain employed in the
school or location for which the individual gained eligibility
for student loan repayment under this section.
``(2) Student loan payment amount.--
``(A) In general.--In the agreement described in
paragraph (1), the Secretary shall agree to make a
student loan payment for such individual of $250 a
month for the first and second year of teaching, $300 a
month for the third year of teaching, $350 a month for
the fourth year of teaching, and $400 a month for the
fifth and sixth year of teaching.
``(B) Maximum total amount.--The maximum total
amount of student loan payments made by the Secretary
for an individual under this section shall be $23,400.
``(C) Remaining balance.--An individual shall enter
repayment on any remaining principal and interest due
on a student loan for which the Secretary has made
payments under this section after the maximum total
amount has been reached under subparagraph (B).
``(3) Beginning of payments.--Nothing in this section shall
authorize the Secretary to pay any amount to reimburse a
borrower for any student loan payments made by such borrower
prior to the date on which the Secretary entered into an
agreement with the borrower under this subsection.''. | Teacher Loan Repayment Act of 2015 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify the financial aid programs for teachers. Specifically, it terminates the authority of the Department of Education (ED) to: (1) award new grants under the Teacher Education Assistance for College and Higher Education (TEACH) Grant program and (2) enter new loan forgiveness agreements under the under the Teacher Loan Forgiveness program. The bill authorizes and directs ED to administer a new loan repayment for teachers program. To qualify, a borrower must be a full-time teacher in a low-income school or location and meet other requirements. ED, on behalf of a qualified borrower, makes $250-$400 direct monthly payments on Federal Family Education Loan or Direct Loan program Subsidized, Unsubsidized, and, in certain circumstances, Consolidation Loans. To remain eligible for loan repayment, a borrower must continue to be employed in the school or location of initial eligibility. The total maximum loan repayment amount is $23,400 over six years. A borrower must repay the remaining principal and interest. An individual who currently participates in the Teacher Loan Forgiveness program may continue participating in such program or enter the new loan repayment for teachers program. | {"src": "billsum_train", "title": "Teacher Loan Repayment Act of 2015"} | 1,709 | 272 | 0.601517 | 1.573273 | 0.66818 | 1.727273 | 6.475207 | 0.809917 |
SECTION 1. SHORT TITLE AND REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Medicare
Contractor Reform Amendments of 1996''.
(b) References in Act.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made a section or other provision of the
Social Security Act.
SEC. 2. INCREASED FLEXIBILITY IN CONTRACTING FOR MEDICARE CLAIMS
PROCESSING.
(a) Carriers To Include Entities That Are Not Insurance
Companies.--
(1) Section 1842(a) (42 U.S.C. 1395u(a)) is amended in the
matter preceding paragraph (1) by striking ``with carriers''
and inserting ``with agencies and organizations (hereafter in
this section referred to as `carriers')''.
(2) Section 1842(f) (42 U.S.C. 1395u(f)) is repealed.
(b) Choice of Fiscal Intermediaries by Providers of Services;
Secretarial Flexibility in Assigning Functions to Intermediaries and
Carriers.--
(1) Section 1816(a) (42 U.S.C. 1395h(a)) to read as
follows:
``(a)(1) The Secretary may enter into contracts with agencies or
organizations to perform any or all of the following functions, or
parts of those functions (or, to the extent provided in a contract, to
secure performance thereof by other organizations):
``(A) Determination (subject to the provisions of section
1878 and to such review by the Secretary as may be provided for
by the contracts) the amount of the payments required pursuant
to this part to be made to providers of services.
``(B) Making payments described in subparagraph (A).
``(C) Provision of consultative services to institutions or
agencies to enable them to establish and maintain fiscal
records necessary for purposes of this part and otherwise to
qualify as providers of services.
``(D) Serving as a center for, and communicate to
individuals entitled to benefits under this part and to
providers of services, any information or instructions
furnished to the agency or organization by the Secretary, and
serve as a channel of communication from individuals entitled
to benefits under this part and from providers of services to
the Secretary.
``(E) Making such audits of the records of providers of
services as may be necessary to ensure that proper payments are
made under this part.
``(F) Performance of the functions described under
subsection (d).
``(G) Performance of such other functions as are necessary
to carry out the purposes of this part.
``(2) As used in this title and title XI, the term `fiscal
intermediary' means an agency or organization with a contract under
this section.''.
(2) Subsections (d) and (e) of section 1816 (42 U.S.C.
1395h) are amended to read as follows:
``(d) Each provider of services shall have a fiscal intermediary
that--
``(1) acts as a single point of contact for the provider of
services under this part,
``(2) makes its services sufficiently available to meet the
needs of the provider of services, and
``(3) is responsible and accountable for arranging the
resolution of issues raised under this part by the provider of
services.
``(e)(1)(A) The Secretary shall, at least every 5 years, permit
each provider of services (other than a home health agency or a hospice
program) to choose an agency or organization (from at least 3 proposed
by the Secretary, of which at least 1 shall have an office in the
geographic area of the provider of services, except as provided by
subparagraph (B)(ii)(II)) as the fiscal intermediary under subsection
(d) for that provider of services. If a contract with that fiscal
intermediary is discontinued, the Secretary shall permit the provider
of services to choose under the same conditions from 3 other agencies
or organizations.
``(B)(i) The Secretary, in carrying out subparagraph (A), shall
permit a group of hospitals (or a group of another class of providers
other than home health agencies or hospice programs) under common
ownership by, or control of, a particular entity to choose one agency
or organization (from at least 3 proposed by the Secretary) as the
fiscal intermediary under subsection (d) for all the providers in that
group if the conditions specified in clause (ii) are met.
``(ii) The conditions specified in this clause are that--
``(I) the group includes all the providers of services of
that class that are under common ownership by, or control of,
that particular entity, and
``(II) all the providers of services in that group agree
that none of the agencies or organizations proposed by the
Secretary is required to have an office in any particular
geographic area.
``(2) The Secretary, in evaluating the performance of a fiscal
intermediary, shall solicit comments from providers of services.''.
(3)(A) Section 1816(b)(1)(A) (42 U.S.C. 1395h(b)(1)(A)) is
amended by striking ``after applying the standards, criteria,
and procedures'' and inserting ``after evaluating the ability
of the agency or organization to fulfill the contract
performance requirements''.
(B) The first sentence of section 1816(f)(1) (42 U.S.C.
1395h(f)(1)) is amended--
(i) by striking ``develop standards, criteria, and
procedures'' and inserting ``, after public notice and
opportunity for comment, develop contract performance
requirements'', and
(ii) by striking ``, and the Secretary shall
establish standards and criteria with respect to the
efficient and effective administration of this part''.
(C) The second sentence of section 1842(b)(2)(A) (42 U.S.C.
1395u(b)(2)(A)) is amended to read as follows: ``The Secretary
shall, after public notice and opportunity for comment, develop
contract performance requirements for the efficient and
effective performance of contract obligations under this
section.''.
(D) Section 1842(b)(2)(A) (42 U.S.C. 1395u(b)(2)(A)) is
amended by striking the third sentence.
(E) Section 1842(b)(2)(B) (42 U.S.C. 1395u(b)(2)(B)) is
amended in the matter preceding clause (i) by striking
``establish standards'' and inserting ``develop contract
performance requirements''.
(F) Section 1842(b)(2)(D) (42 U.S.C. 1395u(b)(2)(D)) is
amended by striking ``standards and criteria'' each place is
appears and inserting ``contract performance requirements''.
(4)(A) Section 1816(b) (42 U.S.C. 1395h(b)) is amended in
the matter preceding paragraph (1) by striking ``an agreement''
and inserting ``a contract''.
(B) Paragraphs (1)(B) and (2)(A) of section 1816(b) (42
U.S.C. 1395h(b)) are each amended by striking ``agreement'' and
inserting ``contract''.
(C) The first sentence of section 1816(c)(1) (42 U.S.C.
1395h(c)(1)) is amended by striking ``An agreement'' and
inserting ``A contract''.
(D) The last sentence of section 1816(c)(1) (42 U.S.C.
1395h(c)(1)) is amended by striking ``an agreement'' and
inserting ``a contract''.
(E) Section 1816(c)(2)(A) (42 U.S.C. 1395h(c)(2)(A)) is
amended in the matter preceding clause (i) by striking
``agreement'' and inserting ``contract''.
(F) Section 1816(c)(3)(A) (42 U.S.C. 1395h(c)(3)(A)) is
amended by striking ``agreement'' and inserting ``contract''.
(G) The first sentence of section 1816(f)(1) (42 U.S.C.
1395h(f)(1)) is amended by striking ``an agreement'' and
inserting ``a contract''.
(H) Section 1816(h) (42 U.S.C. 1395h(h)) is amended--
(i) by striking ``An agreement'' and inserting ``A
contract'', and
(ii) by striking ``the agreement'' each place it
appears and inserting ``the contract''.
(I) Section 1816(i)(I) (42 U.S.C. 1395h(i)(1)) is amended
by striking ``an agreement'' and inserting ``a contract''.
(J) Section 1816(j) (42 U.S.C. 1395h(j)) is amended by
striking ``An agreement'' and inserting ``A contract''.
(K) Section 1816(k) (42 U.S.C. 1395h(k)) is amended by
striking ``An agreement'' and inserting ``A contract''.
(L) Section 1842(a) (42 U.S.C. 1395u(a)) is amended in the
matter preceding paragraph (1) is amended by striking
``agreements'' and inserting ``contracts''.
(M) Section 1842(h)(3)(A) (42 U.S.C. 1395u(h)(3)(A)) is
amended by striking ``an agreement'' and inserting ``a
contract''.
(5) Section 1816(f)(1) (42 U.S.C. 1395h(f)(1)) is amended
by striking the second sentence.
(6)(A) Section 1816(c)(2)(A) (42 U.S.C. 1395h(c)(2)(A)) is
amended in the matter preceding clause (i) by inserting ``that
provides for making payments under this part'' after ``this
section''.
(B) Section 1816(c)(3)(A) (42 U.S.C. 1395h(c)(3)(A)) is
amended by inserting ``that provides for making payments under
this part'' after ``this section''.
(C) Section 1816(k) (42 U.S.C. 1395h(k)) is amended by
inserting ``(as appropriate)'' after ``submit''.
(D) Section 1842(a) (42 U.S.C. 1395u(a)) is amended in the
matter preceding paragraph (1) by striking ``some or all of the
following functions'' and inserting ``any or all of the
following functions, or parts of those functions''.
(E) The first sentence of section 1842(b)(2)(C) (42 U.S.C.
1395u(b)((2)(C)) is amended by inserting ``(as appropriate)''
after ``carriers''.
(F) Section 1842(b)(3) (42 U.S.C. 1395u(b)(3)) is amended
in the matter preceding subparagraph (A) by inserting ``(as
appropriate)'' after ``contract''.
(G) Section 1842(b)(7)(A) (42 U.S.C. 1395u(b)(7)(A)) is
amended in the matter preceding clause (i) by striking ``the
carrier'' and inserting ``a carrier''.
(H) Section 1842(b)(11)(A) (42 U.S.C. 1395u(b)(11)(A)) is
amended in the matter preceding clause (i) by inserting ``(as
appropriate)'' after ``each carrier''.
(I) Section 1842(h)(2) (42 U.S.C. 1395u(h)(2)) is amended
in the first sentence by inserting ``(as appropriate)'' after
``shall''.
(J) Section 1842(h)(5)(A) (42 U.S.C. 1395u(h)(5)(A)) is
amended by inserting ``(as appropriate)'' after ``carriers''.
(7)(A) Section 1816(c)(2)(C) (42 U.S.C. 1395h(c)(2)(C)) is
amended by striking ``hospital, rural primary care hospital,
skilled nursing facility, home health agency, hospice program,
comprehensive outpatient rehabilitation facility, or
rehabilitation agency'' and inserting ``provider of services''.
(B) Section 1816(j) (42 U.S.C. 1395h)(j)) is amended in the
matter preceding paragraph (1) by striking ``for home health
services, extended care services, or post-hospital extended
care services''.
(8) Section 1842(a)(3) (42 U.S.C. 1395u(a)(3)) is amended
by inserting ``(to and from individuals enrolled under this
part and to and from physicians and other entities that furnish
items and services)'' after ``communication''.
(c) Elimination of Special Provisions for Terminations of
Contracts.--
(1) Section 1816(b) (42 U.S.C. 1395h(b)) is amended in the
matter preceding paragraph (1) is amended by striking ``or
renew''.
(2) The last sentence of section 1816(c)(1) (42 U.S.C.
1395h(c)(1)) is amended by striking ``or renewing''.
(3) Section 1816(f)(1) (42 U.S.C. 1395h(f)(1)) is amended--
(A) by striking ``, renew, or terminate'', and
(B) by striking ``, whether the Secretary should
assign or reassign a provider of services to an agency
or organization,''.
(4) Section 1816(g) (42 U.S.C. 1395h(g)) is repealed.
(5) The last sentence of section 1842(b)(2)(A) (42 U.S.C.
1395u(b)(2)(A)) is amended by striking ``or renewing''.
(6) Section 1842(b) (42 U.S.C. 1395u(b)) is amended by
striking paragraph (5).
(d) Repeal of Fiscal Intermediary Requirements That Are Not Cost-
Effective.--Section 1816(f)(2) (42 U.S.C. 1395h(f)(2)) is amended to
read as follows:
``(2) The contract performance requirements developed under
paragraph (1) shall include, with respect to claims for
services furnished under this part by any provider of services
other than a hospital, whether such agency or organization is
able to process 75 percent of reconsiderations within 60 days
and 90 percent of reconsiderations within 90 days.''.
(e) Repeal of Cost Reimbursement Requirements.--
(1) The first sentence of section 1816(c)(1) (42 U.S.C.
1395h(c)(1)) is amended--
(A) by striking the comma after ``appropriate'' and
inserting ``and'', and
(B) by striking ``subsection (a)'' and all that
follows through the period and inserting ``subsection
(a).''.
(2) Section 1816(c)(1) (42 U.S.C. 1395h(c)(1)) is further
amended by striking the second and third sentences.
(3) The first sentence of section 1842(c)(1) (42 U.S.C.
1395u(c)(1)) is amended--
(A) by striking ``shall provide'' the first place
it appears and inserting ``may provide'', and
(B) by striking ``this part'' and all that follows
through the period and inserting ``this part.''.
(4) Section 1842(c)(1) (42 U.S.C. 1395u(c)(1)) is further
amended by striking the second and third sentences.
(5) Section 2326(a) of the Deficit Reduction Act of 1984 is
repealed.
(f) Competition Required for New Contracts and in Cases of Poor
Performance.--
(1) Section 1816(c) (42 U.S.C. 1395h(c)) is amended by
adding at the end the following new paragraph:
``(4)(A) A contract with a fiscal intermediary under this
section may be renewed from term to term without regard to any
provision of law requiring competition if the fiscal
intermediary has met or exceeded the performance requirements
established in the current contract.
``(B) Functions may be transferred among fiscal
intermediaries without regard to any provision of law requiring
competition.''.
(2) Section 1842(b)(1) (42 U.S.C. 1395u(b)(1)) is amended
to read as follows:
``(b)(1)(A) A contract with a carrier under subsection (a) may be
renewed from term to term without regard to any provision of law
requiring competition if the carrier has met or exceeded the
performance requirements established in the current contract.
``(B) Functions may be transferred among carriers without regard to
any provision of law requiring competition.''.
(g) Waiver of Competitive Requirements for Initial Contracts.--
(1) Contracts that have periods that begin during the 1-
year period that begins on the first day of the fourth calendar
month that begins after the date of enactment of this Act may
be entered into under section 1816(a) of the Social Security
Act (42 U.S.C. 1395h(a)) without regard to any provision of law
requiring competition.
(2) The amendments made by subsection (f) apply to
contracts that have periods beginning after the end of the 1-
year period specified in paragraph (1).
(h) Effective Dates.--
(1) The amendments made by subsection (c) apply to
contracts that have periods ending on, or after, the end of the
third calendar month that begins after the date of enactment of
this Act.
(2) The amendments made by subsections (a), (b), (d), and
(e) apply to contracts that have periods beginning after the
third calendar month that begins after the date of enactment of
this Act. | Medicare Contractor Reform Amendments of 1996 (sic) - Amends title XVIII (Medicare) of the Social Security Act to make specified changes in the way Medicare administers its contracts for administrative operations. Provides chiefly among such changes for: (1) augmenting the types of entities eligible to serve as carriers under the program; (2) allowing service providers their periodic choice of fiscal intermediaries; (3) repealing certain contract termination, cost reimbursement, and non-cost-effective fiscal intermediary requirements; and (4) requiring competition in cases of certain new contracts and in cases involving poor contract performance.
Waives competition requirements in specified circumstances. | {"src": "billsum_train", "title": "Medicare Contractor Reform Amendments of 1996"} | 4,250 | 135 | 0.483053 | 1.288107 | 0.611722 | 1.756098 | 27.560976 | 0.780488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National All Schedules Prescription
Electronic Reporting Reauthorization Act of 2010''.
SEC. 2. AMENDMENT TO PURPOSE.
Paragraph (1) of section 2 of the National All Schedules
Prescription Electronic Reporting Act of 2005 (Public Law 109-60) is
amended to read as follows:
``(1) foster the establishment of State-administered
controlled substance monitoring systems in order to ensure
that--
``(A) health care providers have access to the
accurate, timely prescription history information that
they may use as a tool for the early identification of
patients at risk for addiction in order to initiate
appropriate medical interventions and avert the tragic
personal, family, and community consequences of
untreated addiction; and
``(B) appropriate law enforcement, regulatory, and
State professional licensing authorities have access to
prescription history information for the purposes of
investigating drug diversion and prescribing and
dispensing practices of errant prescribers or
pharmacists; and''.
SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING PROGRAM.
Section 399O of the Public Health Service Act (42 U.S.C. 280g-3) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``or'';
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) to maintain and operate an existing State
controlled substance monitoring program.'';
(2) by amending subsection (b) to read as follows:
``(b) Minimum Requirements.--The Secretary shall maintain and, as
appropriate, supplement or revise (after publishing proposed additions
and revisions in the Federal Register and receiving public comments
thereon) minimum requirements for criteria to be used by States for
purposes of clauses (ii), (v), (vi), and (vii) of subsection
(c)(1)(A).'';
(3) in subsection (c)--
(A) in paragraph (1)(B)--
(i) in the matter preceding clause (i), by
striking ``(a)(1)(B)'' and inserting
``(a)(1)(B) or (a)(1)(C)'';
(ii) in clause (i), by striking ``program
to be improved'' and inserting ``program to be
improved or maintained''; and
(iii) in clause (iv), by striking ``public
health'' and inserting ``public health or
public safety'';
(B) in paragraph (3)--
(i) by striking ``If a State that submits''
and inserting the following:
``(A) In general.--If a State that submits'';
(ii) by inserting before the period at the
end ``and include timelines for full
implementation of such interoperability''; and
(iii) by adding at the end the following:
``(B) Monitoring of efforts.--The Secretary shall
monitor State efforts to achieve interoperability, as
described in subparagraph (A).'';
(C) in paragraph (5)--
(i) by striking ``implement or improve''
and inserting ``establish, improve, or
maintain''; and
(ii) by adding at the end the following:
``The Secretary shall redistribute any funds
that are so returned among the remaining
grantees under this section in accordance with
the formula described in subsection
(a)(2)(B).'';
(4) in the matter preceding paragraph (1) in subsection
(d), by striking ``In implementing or improving'' all that
follows through ``with the following:'' and inserting ``In
establishing, improving, or maintaining a controlled substance
monitoring program under this section, a State shall comply, or
with respect to a State that applies for a grant under
subsection (a)(1)(B) or (C) submit to the Secretary for
approval a statement of why such compliance is not feasible and
a plan for bringing the State into compliance, with the
following:'';
(5) in subsections (e), (f)(1), and (g), by striking
``implementing or improving'' each place it appears and
inserting ``establishing, improving, or maintaining'';
(6) in subsection (f)--
(A) in paragraph (1)(B) by striking ``misuse of a
schedule II, III, or IV substance'' and inserting
``misuse of a controlled substance included in schedule
II, III, or IV of section 202(c) of the Controlled
Substance Act''; and
(B) add at the end the following:
``(3) Evaluation and reporting.--Subject to subsection (g),
a State receiving a grant under subsection (a) shall provide
the Secretary with aggregate data and other information
determined by the Secretary to be necessary to enable the
Secretary--
``(A) to evaluate the success of the State's
program in achieving its purposes; or
``(B) to prepare and submit the report to Congress
required by subsection (k)(2).
``(4) Research by other entities.--A department, program,
or administration receiving nonidentifiable information under
paragraph (1)(D) may make such information available to other
entities for research purposes.'';
(7) by redesignating subsections (h) through (n) as
subsections (i) through (o), respectively;
(8) in subsections (c)(1)(A)(iv) and (d)(4), by striking
``subsection (h)'' each place it appears and inserting
``subsection (i)'';
(9) by inserting after subsection (g) the following:
``(h) Education and Access to the Monitoring System.--A State
receiving a grant under subsection (a) shall take steps to--
``(1) facilitate prescriber use of the State's controlled
substance monitoring system; and
``(2) educate prescribers on the benefits of the system
both to them and society.'';
(10) in subsection (m)(1), as redesignated, by striking
``establishment, implementation, or improvement'' and inserting
``establishment, improvement, or maintenance'';
(11) in subsection (n)(8), as redesignated, by striking
``and the District of Columbia'' and inserting ``, the District
of Columbia, and any commonwealth or territory of the United
States''; and
(12) by amending subsection (o), as redesignated, to read
as follows:
``(o) Authorization of Appropriation.--To carry out this section,
there are authorized to be appropriated $15,000,000 for fiscal year
2011 and $10,000,000 for each of fiscal years 2012 through 2015.''.
SEC. 4. AMENDMENTS TO TITLE 38.
(a) Exception With Respect to Confidential Nature of Claims.--
Section 5701 of title 38, United States Code, is amended by adding at
the end the following new subsection:
``(l) Under regulations the Secretary shall prescribe, the
Secretary may disclose information about a veteran or the dependant of
a veteran to a State controlled substance monitoring program, including
a program approved by the Secretary of Health and Human Services under
section 399O of the Public Health Service Act (42 U.S.C. 280g-3), to
the extent necessary to prevent misuse and diversion of prescription
medicines.''.
(b) Exception With Respect to Confidentiality of Certain Medical
Records.--Section 7332(b)(2) of such title is amended by adding at the
end the following new subparagraph:
``(G) To a State controlled substance monitoring program,
including a program approved by the Secretary of Health and
Human Services under section 399O of the Public Health Service
Act (42 U.S.C. 280g-3), to the extent necessary to prevent
misuse and diversion of prescription medicines.''.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report on the participation of the
Department of Veterans Affairs in State controlled substance
monitoring programs, including programs approved by the
Secretary of Health and Human Services under section 399O of
the Public Health Service Act (42 U.S.C. 280g-3).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A summary of the activities of the Department
of Veterans Affairs relating to programs described in
paragraph (1).
(B) A list of the programs described in paragraph
(1) in which the Department is participating.
(C) A description of how the Secretary determines
which programs described in paragraph (1) in which to
participate.
(D) The status of the regulations, if any,
prescribed by the Secretary under section 5701(l) of
title 38, United States Code, as added by subsection
(a) of this section. | National All Schedules Prescription Electronic Reporting Reauthorization Act of 2010 - Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of such Act to foster the establishment of state-administered controlled substance monitoring systems in order to ensure that appropriate law enforcement, regulatory, and state professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists.
Amends the Public Health Service Act to revise and update the controlled substance monitoring program, including to: (1) allow grants to be used to maintain and operate existing state controlled substance monitoring programs; (2) require the Secretary of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees; (3) require a state that is not in compliance with the requirements for such program to submit a plan for bringing the state into compliance; and (4) require a state to provide the Secretary with aggregate data and other information to enable the Secretary to evaluate the success of the state's program and to submit a progress report to Congress. Requires a state receiving a grant to: (1) facilitate prescriber use of the state's controlled substance monitoring system; and (2) educate prescribers on the benefits of the system both to them and society.
Authorizes the Secretary of Veterans Affairs to disclose information about a veteran or the dependent of a veteran to a state controlled substance monitoring program to the extent necessary to prevent misuse and diversion of prescription medicines. | {"src": "billsum_train", "title": "A bill to amend and reauthorize the controlled substance monitoring program under section 399O of the Public Health Service Act and to authorize the Secretary of Veterans Affairs to share information about the use of controlled substances by veterans with State prescription monitoring programs to prevent misuse and diversion of prescription medicines."} | 2,032 | 341 | 0.624977 | 1.852559 | 0.847646 | 5.027211 | 6.295918 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Services for the
Underserved Act of 2016''.
SEC. 2. AMENDMENTS RELATING TO CREDIT UNION SERVICE TO UNDERSERVED
AREAS.
(a) In General.--Paragraph (2) of section 109(c) of the Federal
Credit Union Act (12 U.S.C. 1759(c)(2)) is amended to read as follows:
``(2) Exception for underserved areas.--
``(A) In general.--Notwithstanding subsection (b),
the Board may approve an application by a Federal
credit union to allow the membership of such credit
union to include any person or organization whose
principal residence or place of business is located
within a local community, neighborhood, or rural
district if--
``(i) the Board determines--
``(I) at any time after August 7,
1998, that the local community,
neighborhood, or rural district taken
into account for purposes of this
paragraph is an underserved area (as
defined in section 101(10)); and
``(II) at the time of such
approval, that the credit union is well
capitalized or adequately capitalized
(as defined in section 216(c)(1)); and
``(ii) before the end of the 24-month
period beginning on the date of such approval,
the credit union has established and maintains
an ongoing method to provide services in the
local community, neighborhood, or rural
district.
``(B) Termination of approval.--Any failure of a
Federal credit union to meet the requirement of clause
(ii) of subparagraph (A) by the end of the 24-month
period referred to in such clause shall constitute a
termination, as a matter of law, of any approval of an
application under this paragraph by the Board with
respect to the membership of such credit union.
``(C) Annual credit union reporting requirement.--
Any Federal credit union which has an application
approved under this paragraph shall submit an annual
report to the Administration on the number of members
of the credit union who are members by reason of such
application and the number of offices or facilities
maintained by the credit union in the local community,
neighborhood, or rural district taken into account by
the Board in approving such application.
``(D) Publication by administration.--The
Administration shall publish annually a report
containing--
``(i) a list of all the applications
approved under this paragraph prior to the
publication of the report;
``(ii) the number and locations of the
underserved areas taken into account in
approving such applications; and
``(iii) the total number of members of
credit unions who are members by reason of the
approval of such applications.''.
(b) Underserved Area Defined.--Section 101 of the Federal Credit
Union Act (12 U.S.C. 1752) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) the term `underserved area'--
``(A) means a geographic area consisting of a
single census tract or a group of census tracts, each
of which meets the criteria for--
``(i) a low-income community, as defined in
section 45D(e) of the Internal Revenue Code of
1986; or
``(ii) is underserved, based on data of the
Board and the Federal banking agencies (as
defined in section 3 of the Federal Deposit
Insurance Act), by other depository
institutions (as defined in section 19(b)(1)(A)
of the Federal Reserve Act); and
``(B) notwithstanding subparagraph (A), includes,
with respect to any Federal credit union, any
geographic area within which such credit union--
``(i) has received approval to provide
service before the date of the enactment of
this paragraph from the National Credit Union
Administration; and
``(ii) has established a service facility
before such date of enactment.''.
(c) Conforming Amendment.--Section 109(e)(2) of the Federal Credit
Union Act (12 U.S.C. 1759(e)(2)) is amended by inserting ``subsection
(c)(2) and'' after ``provided in''. | Financial Services for the Underserved Act of 2016 This bill amends the Federal Credit Union Act to revise the requirements for allowing a federal credit union to extend its field of membership in an underserved area. The credit union must be well capitalized or adequately capitalized, and within 24 months after approval by the National Credit Union Administration (NCUA) it must have established and maintained an ongoing method to provide services in the local community, neighborhood, or rural district. (The current requirement is that the credit union must, without a deadline, establish and maintain an office or facility in the local community, neighborhood, or rural district at which credit union services are available.) Any failure of a federal credit union to meet the latter requirement by the end of the 24-month period shall constitute a termination, as a matter of law, of NCUA approval of its application regarding the credit union's membership. Any federal credit union with an approved application for an underserved area must report annually to the NCUA on the number of: credit union members who are members by reason of that application; and offices or facilities maintained by the credit union in the local community, neighborhood, or rural district taken into account by the NCUA in approving the application. The bill defines "underserved area" generally as a geographic area consisting of a single census tract or a group of census tracts, each of which meets the criteria for a low-income community or is underserved by other depository institutions, based on data of the NCUA and the federal banking agencies. | {"src": "billsum_train", "title": "Financial Services for the Underserved Act of 2016"} | 1,004 | 341 | 0.668487 | 1.950626 | 0.861297 | 3.808081 | 3.043771 | 0.86532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human-Powered Travel in Wilderness
Areas Act''.
SEC. 2. RETURNING HUMAN-POWERED TRAVEL TO WILDERNESS AREAS.
(a) Definitions.--In this section:
(1) Local official.--The term ``local official'' means the
officer or employee who is the head of a unit or jurisdiction
of, as applicable--
(A) the Bureau of Land Management;
(B) the National Park Service;
(C) the Forest Service; or
(D) the United States Fish and Wildlife Service.
(2) Nonmotorized.--The term ``nonmotorized'', with respect
to a method of transportation, means that the method does not
use a propulsive internal or external motor with a nonliving
power source.
(3) Permitted route.--The term ``permitted route'' means
any new or existing path, trail, paved or unpaved road, snow,
or ice located within a wilderness area on which one or more
forms of nonmotorized recreational use is permitted under
applicable law (including regulations) on the date on which a
local official makes a determination under subsection (b) or
the date that is 2 years after the date of enactment of this
Act, as applicable in accordance with subsection (b).
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
public land.
(5) Wilderness area.--The term ``wilderness area'' means a
component of the National Wilderness Preservation System.
(b) Permissible Forms of Recreational Use on Permitted Routes.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this section, the Secretary
concerned shall authorize relevant local officials to
determine, not later than 2 years after the date of enactment
of this Act, all permissible forms of recreational use by
nonmotorized transportation methods over any permitted route
within the jurisdiction of the local official.
(2) Failure to determine.--
(A) In general.--If a local official fails to make
the determination described in paragraph (1) with
respect to a permitted route within the jurisdiction of
the local official by the date that is 2 years after
the date of enactment of this Act, any form of
recreational use by nonmotorized transportation methods
shall be allowable on the permitted route.
(B) Effect of paragraph.--Nothing in this paragraph
limits the authority of a local official to make a
determination described in paragraph (1) relating to a
permitted route described in subparagraph (A) after the
date that is 2 years after the date of enactment of
this Act, in accordance with this section.
(3) Requirement.--In making a determination pursuant to
this section, a local official shall seek to accommodate all
forms of nonmotorized transportation, to the maximum extent
practicable.
(c) Authority.--In making a determination pursuant to this section,
a local official may carry out such activities and promulgate such
regulations as the local official determines to be appropriate to
reduce, eliminate, or prevent environmental impacts or undue conflicts
among members of nonmotorized transportation user groups, including--
(1) restricting, by permit or other means, the number of
individuals allowed on a permitted route or in a wilderness
area;
(2) instructing users to stay on permitted routes;
(3) limiting party size;
(4) educating users regarding best practices;
(5) using volunteer or paid patrollers;
(6) establishing speed limits;
(7) adding features to discourage improper uses of
permitted routes;
(8) designating the direction of travel on a permitted
route; and
(9) separating uses of permitted routes--
(A) by day or time of day; or
(B) seasonally.
(d) Effect of Section.--Nothing in this section requires the
Secretary concerned or any local official--
(1)(A) to open a permitted route or wilderness area to a
public recreational use; or
(B) to maintain a permitted route or wilderness area for
such a use; or
(2) to allow any nonmotorized transport on any portion of
the Appalachian National Scenic Trail that is administered
entirely as a footpath pursuant to section 5(a)(1) of the
National Trails System Act (16 U.S.C. 1244(a)(1)).
SEC. 3. WILDERNESS MAINTENANCE.
(a) Prohibition of Certain Uses in Wilderness Areas.--Section 4(c)
of the Wilderness Act (16 U.S.C. 1133(c)) is amended--
(1) by striking the subsection heading and all that follows
through ``(c) Except as'' and inserting the following:
``(c) Prohibition of Certain Uses.--
``(1) Definitions.--In this subsection:
``(A) Local official.--The term `local official'
means the officer or employee who is the head of a unit
or jurisdiction of, as applicable--
``(i) the Bureau of Land Management;
``(ii) the National Park Service;
``(iii) the Forest Service; or
``(iv) the United States Fish and Wildlife
Service.
``(B) Mechanical transport.--
``(i) In general.--The term `mechanical
transport' means any method of transportation
that--
``(I) travels over ground, snow, or
ice; and
``(II) possesses, or is propelled
by, a nonliving power source.
``(ii) Exclusion.--The term `mechanical
transport' does not include any form of human-
powered travel, regardless of whether the
travel is mechanically assisted, in which the
sole propulsive power source is one or more
persons.
``(C) Motorized equipment.--
``(i) In general.--The term `motorized
equipment' means any equipment that is--
``(I) activated by a nonliving
power source; and
``(II) carried by an individual,
other than a Federal officer or
employee (or a designee).
``(ii) Exclusion.--The term `motorized
equipment' does not include any device that
is--
``(I) small;
``(II) battery-powered; and
``(III) carried by hand.
``(2) Prohibitions.--Except as''; and
(2) by adding at the end the following:
``(3) Effect of subsection.--
``(A) In general.--Subject to subparagraph (B),
nothing in this subsection requires the Secretary of
Agriculture, the Secretary of the Interior, or any
local official--
``(i) to alter any wilderness area; or
``(ii) to allow in a wilderness area any
use that is likely to change the wilderness
character of the area.
``(B) Presumption.--A form of human-powered travel,
regardless of whether the travel is mechanically
assisted, in which the sole propulsive power source is
one or more persons shall be rebuttably presumed to be
in accordance with the preservation and maintenance of
the wilderness character of a wilderness area.''.
(b) Maintenance.--Section 4 of the Wilderness Act (16 U.S.C. 1133)
is amended by adding at the end the following:
``(e) Maintenance.--Notwithstanding any other provision of law, any
officer or employee of the Federal Government may use any small-scale
motorized equipment or method of mechanical transport (such as a
chainsaw and wheelbarrow) to construct, improve, or maintain a trail or
to maintain the surroundings, in accordance with the purposes of this
Act and the preservation of the wilderness character of a wilderness
area.''. | Human-Powered Travel in Wilderness Areas Act This bill requires the Department of Agriculture (with respect to National Forest System land) and the Department of the Interior (with respect to public land) to authorize relevant local officials to determine all permissible forms of recreational use by nonmotorized transportation methods over any permitted routes within their jurisdictions. The bill defines "local officials" as officers or employees who are the heads of units or jurisdictions of the Bureau of Land Management, the National Park Service, the Forest Service, or the U.S. Fish and Wildlife Service. If a local official fails to make such a determination about a permitted route more than two years after this bill's enactment, then any form of recreational use by nonmotorized transportation methods shall be allowable on that route. | {"src": "billsum_train", "title": "Human-Powered Travel in Wilderness Areas Act"} | 1,787 | 174 | 0.670913 | 1.840368 | 0.876167 | 2.891156 | 10.741497 | 0.836735 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Childcare Partnership
Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Each day an estimated 13,000,000 children spend some
part of their day in child care.
(2) 54 percent of mothers with children between the ages of
0 and 3 years are in the work force. Labor force participation
rises to 63 percent for mothers with children under 6 years of
age.
(3) Every day 3 out of 5 preschoolers go to child care
centers or homes while their parents work.
(4) The number of single-parent households and 2-parent
households in which the single parent or both parents work is
increasing significantly.
(5) The availability of child care that is reliable,
convenient, and affordable helps parents to reach and maintain
self-sufficiency and is essential to making the transition from
welfare to work.
(6) Only an estimated 1 out of 10 eligible families receive
assistance in paying for child care from Federal funds.
(7) Full-day child care can cost between $4,000 and $9,000
per year.
(8) In many instances, high quality child care services
cost little more than mediocre child care services. An
investment of only an additional 10 percent has been found to
have a significant impact on the quality of child care
services.
(9) Children placed in poor quality child care settings
have been found to have delayed language and reading skills, as
well as increased aggressive behavior toward other children and
adults.
(10) School based child care may utilize existing resources
such as art supplies, sports equipment, musical instruments,
and playgrounds to provide quality programs.
SEC. 3. SENSE OF THE CONGRESS REGARDING LOCAL EDUCATION AGENCIES THAT
CARRY OUT QUALIFIED SCHOOL-BASED CHILD CARE PROGRAMS.
It is the sense of the Congress that local education agencies that
carry out qualified school-based child care programs should seek to
become accredited child care centers and seek to hire credentialed
child care professionals.
SEC. 4. GRANTS TO STATES FOR SCHOOL-BASED CHILD CARE.
Part A of title IV of the Social Security Act (42 U.S.C. 601-619)
is amended by inserting after section 418 the following:
``SEC. 418A. GRANTS TO STATES FOR SCHOOL-BASED CHILD CARE.
``(a) Application.--
``(1) In general.--A State desiring to receive a grant
under this section shall submit to the Secretary, at such time
and in such manner as the Secretary shall by regulation
require, an application that--
``(A) includes an assurance that the State will use
any grant made to the State under this section to
provide funds to local education agencies for the
purpose of establishing qualified school-based child
care programs;
``(B) includes an assurance that a local education
agency that receives funds provided to the State under
this section will comply with subsection (e)(1);
``(C) includes evidence that parents, schools,
employers, State and local government agencies, and
child care agencies, including resource and referral
agencies, have collaborated in the preparation of the
application; or
``(D) includes a State plan that--
``(i) meets the requirements of section
658E(c)(2) of the Child Care and Development
Block Grant Act of 1990, with respect to grant
funds provided to the State under this section;
and
``(ii) is designed to be implemented during
a 2-year period; and
``(F) contains such additional information as the
Secretary shall by regulation require.
``(2) Approval.--The Secretary shall approve an application
that meets the requirements of paragraph (1).
``(b) Entitlement.--A State whose application submitted under
subsection (a) for a 2-year period is approved by the Secretary shall
be entitled to receive from the Secretary a grant for each year in the
period, in an amount determined under subsection (c), in lieu of any
other grant to which the State may be entitled under this section.
``(c) Amount of Grant.--
``(1) Allotments to states.--After making the reservation
described in subsection (d) of this section, the total amount
available for grants under this section for a fiscal year shall
be allotted among the States with applications approved under
subsection (a) of this section, in the manner provided for in
section 418(a)(2)(B).
``(2) Redistribution.--Section 418(a)(2)(D) shall apply to
amounts allotted under paragraph (1) of this subsection.
``(d) Indian Tribes.--The Secretary shall reserve not less than 1
percent, and not more than 2 percent, of the aggregate amount
appropriated to carry out this section for each fiscal year for
payments to Indian tribes and tribal organizations.
``(e) Use of Funds.--
``(1) In general.--A State to which a grant is made under
this section shall provide the grant funds to local education
agencies, which shall use the grant only--
``(A) to operate, directly or by contract or
agreement, qualified school-based child care programs
that serve children eligible for assistance under the
Child Care and Development Block Grant Act of 1990, but
do not necessarily limit their enrollment to such
children;
``(B) to hire and train persons to provide child
care services in school-based child care programs;
``(C) to construct, expand, or rehabilitate
facilities for use as school-based child care programs;
or
``(D) to cover costs of administering the grant,
except that not more than 1 percent of the grant funds
provided to any such agency may be used to cover such
costs.
``(2) Coordination with programs under the child care and
development block grant act of 1990.--A State to which a grant
is made under this section shall ensure that the grant funds
are expended in coordination with the programs established by
the State under the Child Care and Development Block Grant Act
of 1990.
``(3) Maintenance of effort.--A State to which a grant is
made under this section shall use the grant funds to supplement
and not supplant other Federal, State, and local funds provided
for programs that serve the health and developmental needs of
children.
``(4) Availability of funds.--Amounts provided to a State
under this section shall be available for use by the State
without fiscal year limitation.
``(f) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated for
grants under this section $250,000,000 for each of fiscal years 1999
through 2002.
``(g) Definitions.--In this section:
``(1) Local education agency.--The term `local education
agency' has the meaning given such term in the Elementary and
Secondary Education Act of 1965.
``(2) Qualified school-based child care program.--The term
`qualified school-based child care program' means a program--
``(A) the principal use of which is to provide all-
day care for children who have not attained 7 years of
age, and, at State option;
``(B) which is located either in a school structure
or on the grounds of a school;
``(C) which meets all applicable requirements of
State and local laws and regulations, including those
relating to the licensing of facilities in which child
care assistance is to be provided as a child care
facility; and
``(D) the costs of the child care programs of which
are determined on a sliding fee scale (within the
meaning of section 658P(12) of the Child Care and
Development Block Grant Act of 1990).
``(3) State.--The term `State' means each of the 50 States
and the District of Columbia.''. | Education Childcare Partnership Act - Expresses the sense of the Congress that local education agencies (LEAs) that carry out qualified school-based child care programs should seek to: (1) become accredited child care centers; and (2) hire credentialed child care professionals.
Amends part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act to establish a program of grants to States for school-based child care.
Sets forth grant application and allotment requirements. Reserves a portion of program funds for Indian tribes. Requires recipient States to: (1) provide such grant funds to LEAs for specified uses; (2) ensure that such funds are expended in coordination with State- established programs under the Child Care and Development Block Grant Act of 1990; and (3) use such funds to supplement and not supplant other Federal, State, and local funds provided for programs that serve the health and developmental needs of children.
Makes appropriations for such grants for FY 1999 through 2002. | {"src": "billsum_train", "title": "Education Childcare Partnership Act"} | 1,719 | 217 | 0.582551 | 1.707034 | 0.996334 | 4.621212 | 8.313131 | 0.883838 |
SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This Act may be cited as the ``Redistricting
Transparency Act of 2010''.
(b) Finding.--Congress finds that it has the authority to require
States to follow certain procedures 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. REQUIRING REDISTRICTING TO BE CONDUCTED UNDER PROCEDURES
PROVIDING OPPORTUNITY FOR PUBLIC PARTICIPATION.
(a) Requirement.--
(1) In general.--Notwithstanding any other provision of
law, any Congressional redistricting conducted by a State shall
be conducted in accordance with a process under which the
entity responsible for developing Congressional redistricting
plans in the State (hereafter in this Act referred to as the
``State redistricting entity'')--
(A) in accordance with section 3, establishes and
operates an Internet site;
(B) in accordance with section 4, provides
opportunities for participation by members of the
public in the initial development of such plans;
(C) in accordance with section 5, provides
opportunities for members of the public to respond to
the proposed final Congressional redistricting plan;
and
(D) in accordance with section 6, notifies members
of the public regarding the final Congressional
redistricting plan adopted for the State.
(2) Other procedures permitted.--Nothing in this Act or the
amendments made by this Act may be construed to prohibit a
State from conducting Congressional redistricting in accordance
with such procedures as the State considers appropriate, to the
extent that such procedures are consistent with the applicable
requirements of this Act and the amendments made by this Act.
(3) No effect on redistricting for state or local
elections.--Nothing in this Act or the amendments made by this
Act may be construed to affect any procedures a State or a unit
of local government in a State may use to conduct redistricting
with respect to elections for State or local offices.
(b) Conforming Amendment.--Section 22(c) 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(c)), is amended by striking ``in
the manner provided by the law thereof'' and inserting: ``in a manner
consistent with the requirements of the Redistricting Transparency Act
of 2010''.
SEC. 3. PUBLIC INTERNET SITE FOR STATE REDISTRICTING ENTITY.
(a) Establishment and Operation of Site.--Each State redistricting
entity shall establish and maintain a public Internet site which meets
the following requirements:
(1) The site is updated continuously to provide advance
notice of meetings held by the entity and to otherwise provide
timely information on the entity's activities.
(2) The site contains the most recent available information
from the Bureau of the Census on voting-age population, voter
registration, and voting results in the State, including
precinct-level and census tract-level data with respect to such
information, as well as detailed maps reflecting such
information.
(3) The site permits any individual to submit comments on
any plan proposed by the entity, and to submit questions,
comments, and other information with respect to the entity's
activities.
(4) The site includes any other information the entity is
required to post under this Act.
(b) Deadline for Posting of Comments Submitted by Public.--The
State redistricting entity shall ensure that any comment submitted by a
member of the public to the site established under this section,
including a comment on any plan proposed by the entity or any other
person, and any other comment relating to Congressional redistricting
in the State, is posted on the site not later than 72 hours after
submission.
(c) Updating of Information.--The State redistricting entity shall
take all actions necessary to ensure that the site established under
this section is updated continuously to provide timely advance notice
of the entity's meetings and to otherwise provide timely information on
the entity's activities.
(d) Deadline.--The State redistricting entity shall establish the
site under this section as soon as practicable after the completion of
the regular decennial census, but in no case later than 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.
SEC. 4. OPPORTUNITIES FOR PARTICIPATION IN INITIAL DEVELOPMENT OF
CONGRESSIONAL REDISTRICTING PLANS.
During the 60-day period which begins on the date the State
receives the notice referred to in section 3(d), the State
redistricting entity shall solicit the input of members of the public
in its work to develop initial Congressional redistricting plans for
the State by carrying out the following activities:
(1) Publishing and posting on the Internet site established
under section 3 the criteria which the entity will use to
develop the Congressional redistricting plan for the State.
(2) Holding at least one hearing in the State at which
members of the public may provide comments on such criteria and
any other issues relating to Congressional redistricting in the
State.
(3) Publishing and posting the transcript of each such
hearing, or posting a link to a video recording of each such
hearing, on the Internet site not later than 7 days after the
conclusion of the hearing.
SEC. 5. OPPORTUNITIES TO RESPOND TO PROPOSED FINAL CONGRESSIONAL
REDISTRICTING PLAN ADOPTED BY REDISTRICTING ENTITY.
(a) Notice of Final Plan.--Not later than 10 days prior to adopting
a final Congressional redistricting plan for the State, the State
redistricting entity shall post on the Internet site established under
section 3 (and, if practicable, cause to have published in newspapers
of general circulation throughout the State) the following information:
(1) A detailed version of the proposed final plan,
including--
(A) a map showing each Congressional district
established under the plan;
(B) a statement of the voting age population by
race and membership in a language minority group of
each such district; and
(C) a statement of the number of registered voters
in each such district, broken down by political party
affiliation to the extent that such information is
available under State law.
(2) A statement explaining the entity's reasons for
adopting the proposed final plan and the reasons why the
adoption of the plan will best serve the public interest.
(3) Any dissenting statement of any member of the entity
who did not approve the proposed final plan.
(4) A statement that members of the public may submit
comments regarding the proposed final plan through the Internet
site, together with information on how members of the public
may submit such comments to the entity through other methods.
(b) Public Hearing Prior to Adoption of Final Plan.--Not later than
7 days prior to adopting the final Congressional redistricting plan for
the State, the State redistricting entity shall hold at least one
hearing in the State at which members of the public may provide
comments on the plan and members of the entity may explain the reasons
why the adoption of the plan will best serve the public interest. The
entity shall publish and post the transcript of each such hearing, or
post a link to a video recording of each such hearing, on the Internet
site established under section 3.
(c) Treatment of Amended and New Plans.--If, in response to public
comment or for any other reason, the State redistricting entity posts
an amended version of the proposed final Congressional redistricting
plan which is posted on the Internet site under subsection (a) or posts
a new proposed final Congressional redistricting plan, subsections (a)
and (b) shall apply with respect to the amended version of the plan or
the new plan in the same manner as such subsections apply with respect
to the proposed final plan which is first posted under subsection (a),
except to the extent that the application of such subsections would
require the entity to violate a deadline established by State law for
the submission of a final Congressional redistricting plan to the State
legislature.
SEC. 6. NOTICE OF FINAL ADOPTED CONGRESSIONAL REDISTRICTING PLAN.
Not later than 7 days after the State redistricting entity adopts
the final Congressional redistricting plan for the State, the entity
shall post on the Internet site established under section 3 (and, if
practicable, cause to have published in newspapers of general
circulation throughout the State) the following information:
(1) A detailed version of the plan, including--
(A) a map showing each Congressional district
established under the plan;
(B) a statement for each such district of the total
population and voting age population by race and
membership in a language minority group; and
(C) a statement of the number of registered voters
in each such district, broken down by political party
affiliation to the extent that such information is
available under State law.
(2) To the extent that the State maintains data on the
number of registered voters by race and membership in a
language minority group, a statement for each such district of
the number of registered voters by race and membership in a
language minority group.
(3) A statement explaining the entity's reasons for
adopting the plan and the reasons why the adoption of the plan
will best serve the public interest.
(4) Any dissenting statements of any members of the entity
who did not approve the plan.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to any Congressional redistricting which occurs after the
regular decennial census conducted during 2010. | Redistricting Transparency Act of 2010 - Requires states to carry out congressional redistricting in accordance with a process under which members of the public are informed of redistricting proposals via the Internet and have the opportunity to participate in the development of such proposals prior to their adoption.
Requires each state redistricting entity to establish and maintain a public Internet site meeting specified requirements.
Requires the state redistricting entity to: (1) solicit the input of members of the public in its work to develop initial congressional redistricting plans for the state; and (2) post the proposed final plan on the Internet site 10 days before its adoption, as well as 7 days after its adoption, together with a map, the reasons for adoption, dissenting opinions, and certain other information. | {"src": "billsum_train", "title": "To require States to carry out Congressional redistricting in accordance with a process under which members of the public are informed of redistricting proposals and have the opportunity to participate in the development of such proposals prior to their adoption, and for other purposes."} | 2,356 | 177 | 0.635085 | 1.585421 | 0.752057 | 3.303448 | 14.551724 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Student Achievement
Information Act of 2017''.
SEC. 2. CONSUMER INFORMATION ABOUT COMPLETION OR GRADUATION TIMES.
(a) Transparency in College Tuition for Consumers.--Section
132(i)(1)(J) of the Higher Education Act of 1965 (20 U.S.C.
1015a(i)(1)(J)) is amended to read as follows:
``(J)(i) For programs of study 4 years of length or
longer--
``(I) the percentages of first-time, full-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (ii);
``(II) the percentages of first-time, part-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (ii);
``(III) the percentages of non-first time,
full-time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (ii); and
``(IV) the percentages of non-first-time,
part-time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (ii).
``(ii) The times for completion or graduation
described in clause (i) are--
``(I) the normal time for completion of, or
graduation from, the student's program;
``(II) 150 percent of the normal time for
completion of, or graduation from, the
student's program; and
``(III) 200 percent of the normal time for
completion of, or graduation from, the
student's program.
``(iii) For programs of study less than 4 years--
``(I) the percentages of first-time, full-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (iv);
``(II) the percentages of first-time, part-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (iv);
``(III) the percentages of non-first-time,
full-time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (iv); and
``(IV) the percentages of non-first-time,
part-time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (iv).
``(iv) The times for completion or graduation
described in clause (iii) are--
``(I) the normal time for completion of, or
graduation from, the student's program;
``(II) 150 percent of the normal time for
completion of, or graduation from, the
student's program; and
``(III) 300 percent of the normal time for
completion of, or graduation from, the
student's program.
``(v) In making publicly available the percentages
described in this subparagraph, the Secretary shall
display each percentage in a consistent manner and with
equal visibility.''.
(b) Institutional and Financial Assistance Information for
Students.--Section 485(a)(1)(L) of the Higher Education Act of 1965 (20
U.S.C. 1092(a)(1)(L)) is amended to read as follows:
``(L) the completion or graduation
rates described in section
132(i)(1)(J);''. | Comprehensive Student Achievement Information Act of 2017 This bill amends title I (General Provisions) of the Higher Education Act of 1965 to modify consumer information disclosure requirements related to completion or graduation rates. Currently, an institution that participates in federal student aid programs must disclose the completion or graduation rate of first-time, full-time, certificate- or degree-seeking undergraduate students. This bill expands disclosure requirements to also include the completion or graduation rates of non-first time and half-time certificate- or degree-seeking undergraduate students. The bill also sets forth new time periods for calculating the completion or graduation rates for programs of study that are less than four years. | {"src": "billsum_train", "title": "Comprehensive Student Achievement Information Act of 2017"} | 1,004 | 138 | 0.615853 | 1.643445 | 0.663134 | 2.226563 | 7.171875 | 0.710938 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Exchange Infrastructure
Modernization Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a ubiquitous high quality public switched network will
promote--
(A) universal service at reasonable rates;
(B) the universal availability of advanced public
switched network capabilities and information services;
(C) the public health, safety, national defense,
education, security, and emergency preparedness;
(D) the economic development and quality of life by
bringing access to advanced public switched network
capabilities to the American people regardless of their
location;
(E) new services and motivate new service providers
by providing uniform network accessibility and
interoperability;
(F) the international competitiveness of American
industry; and
(G) a seamless, nationwide, coordinated
communications infrastructure that will enhance the
quality of life for all Americans;
(2) the increasing technological complexity and need for
ubiquitous infrastructure capability and interoperability of
the public switched network requires--
(A) sharing of the public switched network
infrastructure and functionality between and among
local exchange carriers;
(B) joint coordinated network planning, design and
cooperative implementation among all local exchange
carriers; and
(C) development of standards for interconnection
between the local exchange carrier public switched
network and any other person by appropriate standards-
setting bodies;
(3) the access provided by the local exchange carrier
public switched network to competitor carriers, information
service providers and others, tie these diverse elements into
an interoperable national telecommunications network;
(4) a ubiquitous, advanced local exchange carrier public
switched network enhances the function and availability of
services provided by all carriers and all other persons using
the network; and
(5) it is in the public interest to promote development of
the public switched network by local exchange carriers because
they--
(A) have universal service obligations for
geographically specific serving areas for which they
must construct a ubiquitous infrastructure;
(B) provide public switched network services that
are subject to regulation with respect to rates, terms
and conditions;
(C) must provide network access to their own
competitors on nondiscriminatory rates, terms, and
conditions; and
(D) are suppliers of last resort to customers in
their serving areas.
SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934.
(a) Amendment to Section 1.--Section 1 of the Communications Act of
1934 (47 U.S.C. 151) is amended--
(1) by inserting ``(a)'' after ``Section 1; and
(2) by adding at the end thereof the following new
subsection:
``(b) The Commission shall exercise its authority so as to--
``(1) preserve and enhance universal service at reasonable
rates;
``(2) achieve universal availability of advanced network
capabilities and information services;
``(3) assure a seamless nationwide distribution network
through joint network planning, coordination, and service
arrangements between and among local exchange carriers;
``(4) maintain high standards of quality for advanced
network services; and
``(5) assure adequate communication for the public health,
safety, defense, education, national security and emergency
preparedness.''.
(b) Amendment to Section 2.--Section 2(b) of the Communications Act
of 1934 (47 U.S.C. 152(b)) is amended by striking ``227'' and inserting
``229''.
(c) Amendment to Section 3.--Section 3 of the Communications Act of
1934 (47 U.S.C. 153) is amended by adding at the end thereof the
following:
``(hh) The term `local exchange carrier' means a carrier which--
``(1) is required to provide upon request, under tariff or
subject to other government oversight (by the Commission or a
State commission), interstate or intrastate access services and
telephone exchange service;
``(2) is, or was, a participant in one or more interstate
pools established by the Commission, or would have been
required to participate in one or more such pools had the
carrier been engaged in interstate and intrastate access and
telephone exchange service while such participation was
mandatory;
``(3) is subject to the requirements imposed by the
Commission or a State commission related to the provision of
equal access; and
``(4) conforms with the provisions of the North American
Numbering Plan applicable to the assignment of numbering
resources for telephone exchange service, as defined by the
Plan's Administrator.
``(ii) The term `Modification of Final Judgment' means the decree
entered August 24, 1982, in United States v. Western Electric, Civil
Action No. 82-0192 (United States District Court, District of
Columbia).''.
(d) Amendment to Title II.--Title II of the Communications Act of
1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof
the following new sections:
``SEC. 228. NETWORK PLANNING AND STANDARDS.
``The Commission shall, within 180 days following the date of the
enactment of this section, prescribe regulations that require--
``(1) joint coordinated network planning, design and
cooperative implementation among all local exchange carriers in
the provision of public switched network infrastructure and
services; and
``(2) development of standards for interconnection between
the local exchange carrier public switched network and any
other person by appropriate standard-setting bodies.
``SEC. 229. INFRASTRUCTURE SHARING ARRANGEMENTS BETWEEN OR AMONG LOCAL
EXCHANGE CARRIERS.
``(a) Sharing Arrangement Regulations.--Within 180 days following
the date of the enactment of this section, the Commission shall
prescribe regulations that require local exchange carriers to share
public switched network infrastructure and functionality with
requesting local exchange carriers lacking economies of scale or scope,
as defined in subsection (b).
``(b) Definition.--For the purposes of this section, the term
`local exchange carrier lacking economies of scale or scope' means any
local exchange carrier which serves a geographic area for which it
lacks economies of scale or scope for the particular required network
functionality.
``(c) Content of Regulations.--The regulations governing such
sharing between or among local exchange carriers shall--
``(1) promote economically efficient decision-making by
local exchange carriers;
``(2) not require any local exchange carrier to make any
decision that is uneconomic or adverse to the public interest;
``(3) permit, but not require, joint ownership and
operation of public switched network infrastructure and
services by or among local exchange carriers;
``(4) limit their applicability to local exchange carriers;
``(5) ensure that a local exchange carrier, when sharing
any infrastructure or providing any functionality to other
local exchange carriers pursuant to this section, shall not be
deemed a common carrier for hire when acting in this capacity,
and such arrangements shall not be deemed common carrier
services by the Commission or by any State commission;
``(6) contain general guidelines to ensure that fair and
reasonable terms and conditions for and in connection with the
business arrangement described in this section are determined
by local exchange carriers;
``(7) establish conditions that promote cooperation between
local exchange carriers; and
``(8) ensure that all regulatory rights and obligations for
and in connection with the business arrangements described in
this section shall be determined exclusively in accordance with
the regulations prescribed pursuant to this section.
``(d) Rule of Construction.--Nothing in this Act shall be construed
to enact into law any economic support currently provided to telephone
exchange service or enact into law any prohibition with regard to new
economic support mechanisms for telephone exchange service or any
service other than telephone exchange service.
``SEC. 230. SIGNALLING.
``Notwithstanding any other provision of law or any restriction or
obligation imposed before the date of enactment of this section
pursuant to the Modification of Final Judgment, no local exchange
carrier shall be prohibited from transporting or processing signalling
and information for another local exchange carrier in adjoining or
reasonably proximate serving areas upon request of that local exchange
carrier to the same extent that the providing local exchange carrier is
permitted to engage in such activities for itself.
``SEC. 231. INTRASTATE COMMUNICATION.
``Except as provided in section 2, nothing in this Act shall be
construed to alter, limit, or supersede the authority of any State with
respect to the regulation of intrastate communication service.''.
SEC. 4. ANTITRUST IMMUNITY FOR LOCAL EXCHANGE CARRIERS.
(a) Inapplicability of Antitrust Laws.--Nothing contained in any
Federal or State antitrust law shall render unlawful any individual or
concerted action taken by a local exchange carrier, or its directors,
officers, agents, employees, affiliates, subsidiaries, joint ventures,
counsel or other persons purporting to act on behalf of such carrier,
pursuant to sections 228, 229, and 230 of the Communications Act of
1934, including (but not limited to) lobbying before Congress or the
Federal Communications Commission or communicating by any means with
other local exchange carriers.
(b) Definitions.--For purposes of this Act, the following terms are
defined:
(1) The term ``Federal antitrust laws'' means the Acts
known as the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act
(15 U.S.C. 12 et seq.), the Robinson-Patman Act (15 U.S.C. 13
et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et
seq.), all subsequent amendments of such Acts, and any and all
other laws which have been or are hereafter enacted to regulate
or prevent contracts, combinations, or conspiracies in
restraint of trade or monopolistic practices.
(2) The term ``State antitrust laws'' means all laws
enacted by States or territories within the United States or
their political subdivisions which are patterned after the
Federal laws known as the Sherman Act (15 U.S.C. 1 et seq.),
the Clayton Act (15 U.S.C. 12 et seq.), the Robinson-Patman Act
(15 U.S.C. 13 et seq.), the Federal Trade Commission Act (15
U.S.C. 41 et seq.), or any subsequent amendments to such Acts,
or any other State laws which are not patterned after such
Federal Acts or amendments but which are designed to regulate
or prevent contracts, combinations, or conspiracies in
restraint of trade or monopolistic practices. | Local Exchange Infrastructure Modernization Act of 1993 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to exercise its authority to: (1) preserve and enhance universal telephone service at reasonable rates; (2) achieve universal availability of advanced network capabilities and information services; (3) assure a seamless nationwide distribution network through joint network planning, coordination, and service arrangements between and among local exchange carriers (LECs); (4) maintain high standards of quality for advanced network services; and (5) assure adequate communication for the public health, safety, defense, education, national security, and emergency preparedness.
Defines "local exchange carrier" as a carrier that: (1) is required to provide upon request, under tariff or subject to other government oversight (by the FCC or a State commission), interstate and intrastate access services and telephone exchange service; (2) is, or was, a participant in one or more interstate pools established by the FCC, or would have been required to participate in one or more such pools had the carrier been engaged in interstate and intrastate access and telephone exchange service while such participation was mandatory; (3) is subject to the requirements imposed by the FCC or a State commission related to the provision of equal access; and (4) conforms with the provisions of the North American Numbering Plan applicable to the assignment of numbering resources for telephone exchange service, as defined by the Plan's Administrator.
Requires the FCC to prescribe regulations that require: (1) joint coordinated network planning, design, and cooperative implementation among all LECs in the provision of public switched network infrastructure and services; (2) development of standards for interconnection between the LEC public switched network and others by appropriate standard-setting bodies; and (3) a LEC to share public switched network infrastructure and functionality with requesting LECs which serve a geographic area for which they lack economies of scale or scope for the particular required network functionality. | {"src": "billsum_train", "title": "Local Exchange Infrastructure Modernization Act of 1993"} | 2,313 | 401 | 0.676378 | 1.98519 | 0.795448 | 6.849741 | 5.621762 | 0.948187 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Trade Community Relief Act''.
SEC. 2. DESIGNATION OF AND TAX INCENTIVES FOR NAFTA-IMPACTED
COMMUNITIES.
(a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subchapter:
``Subchapter XI--NAFTA-Impacted Communities
``Sec. 1400K. Designation of NAFTA-
impacted communities.
``Sec. 1400L. NAFTA-impacted community
employment credit.
``Sec. 1400M. Increase in expensing under
section 179.
``Sec. 1400N. NAFTA-impacted community
business defined.
``SEC. 1400K. DESIGNATION OF NAFTA-IMPACTED COMMUNITIES.
``(a) Designation.--
``(1) NAFTA-impacted community.--For purposes of this
title, the term `NAFTA-impacted community' means any area--
``(A) which is nominated by one or more local
governments and the State or States in which it is
located for designation as a community impacted by the
North American Free Trade Agreement (hereinafter in
this section referred to as a `nominated area'), and
``(B) which the Secretary of Commerce designates as
a NAFTA-impacted community, after consultation with--
``(i) in the case of an area in a rural
area, the Secretary of Agriculture;
``(ii) in the case of an area in an urban
area, the Secretary of Housing and Urban
Development; and
``(iii) in the case of an area on an Indian
reservation, the Secretary of the Interior.
``(2) Number of designations.--The Secretary of Commerce
may designate not more than 35 nominated areas as NAFTA-
impacted communities.
``(3) Areas designated based on degree of loss of jobs
resulting from nafta, etc.--Except as otherwise provided in
this section, the nominated areas designated as NAFTA-impacted
communities under this subsection shall be those nominated
areas with the highest average ranking with respect to the
criteria described in subsection (c)(3). For purposes of the
preceding sentence, an area shall be ranked within each such
criterion on the basis of the amount by which the area exceeds
such criterion, with the area which exceeds such criterion by
the greatest amount given the highest ranking.
``(4) Limitation on designations.--
``(A) Publication of regulations.--The Secretary of
Commerce shall prescribe by regulation no later than 4
months after the date of the enactment of this section,
after consultation with the officials described in
paragraph (1)(B)--
``(i) the procedures for nominating an area
under paragraph (1)(A),
``(ii) the parameters relating to the size
and population characteristics of a NAFTA-
impacted community, and
``(iii) the manner in which nominated areas
will be evaluated based on the criteria
specified in subsection (c).
``(B) Procedural rules.--The Secretary of Commerce
shall not make any designation of a nominated area as a
NAFTA-impacted community under paragraph (2) unless--
``(i) a nomination regarding such area is
submitted in such a manner and in such form,
and contains such information, as the Secretary
of Commerce shall by regulation prescribe, and
``(ii) the Secretary of Commerce determines
that any information furnished is reasonably
accurate.
``(5) Nomination process for indian reservations.--For
purposes of this subchapter, in the case of a nominated area on
an Indian reservation, the reservation governing body (as
determined by the Secretary of the Interior) shall be treated
as being both the State and local governments with respect to
such area.
``(b) Period for Which Designation Is In Effect.--
``(1) In general.--Any designation of an area as a NAFTA-
impacted community shall remain in effect during the period
beginning on the date of the designation and ending on the
earliest of--
``(A) December 31, 2008,
``(B) the termination date designated by the State
and local governments in their nomination, or
``(C) the date the Secretary of Commerce revokes
such designation.
``(2) Revocation of designation.--The Secretary of Commerce
may revoke the designation under this section of an area if the
Secretary determines that the loss of jobs and other affects of
NAFTA on the area have been substantially alleviated. Such
determination shall include, at a minimum, a finding that the
unemployment rate in the area is equal to or lower than the
national unemployment rate, and a finding that new businesses
are being attracted to the area.
``(c) Area and Eligibility Requirements.--
``(1) In general.--The Secretary of Commerce may designate
a nominated area as a NAFTA-impacted community under subsection
(a) only if the area meets the requirements of paragraphs (2)
and (3) of this subsection.
``(2) Area requirements.--For purposes of paragraph (1), a
nominated area meets the requirements of this paragraph if--
``(A) the area is within the jurisdiction of one or
more local governments,
``(B) the boundary of the area is continuous,
``(C) the area does not include an empowerment zone
(as defined in section 1393(b)), and
``(D) the area does not include a renewal community
designated under section 1400E.
``(3) Eligibility requirements.--
``(A) In general.--For purposes of paragraph (1), a
nominated area meets the requirements of this paragraph
if the State and the local governments in which it is
located certify (and the Secretary of Commerce, after
such review of Department of Labor data and other
appropriate supporting data as he deems appropriate,
accepts such certification) that--
``(i) the unemployment rate in the area, as
determined by the most recent available data,
was at least 1 percentage point above the
national unemployment rate for the period to
which such data relate, and
``(ii) in the case of--
``(I) a rural area, at least 300
workers who live or work in the area
have been certified as eligible to
apply for NAFTA transitional adjustment
assistance under subchapter D of
chapter 2 of title II of the Trade Act
of 1974 (19 U.S.C. 2341 et seq.), and
``(II) an urban area, at least 500
workers have been so certified.
``(B) Rural area defined.--For purposes of this
section, the term `rural area' means an area--
``(i) which is within a local government
jurisdiction or jurisdictions with a population
of less than 10,000,
``(ii) which is outside of a metropolitan
statistical area (within the meaning of section
143(k)(2)(B)), or
``(iii) which is determined by the
Secretary of Commerce, after consultation with
the Secretary of Agriculture, to be a rural
area.
``(C) Urban area defined.--For purposes of this
section, the term `urban area' means any area that is
not a rural area.
``(d) Coordination With Treatment of Enterprise Communities.--For
purposes of this title, if there are in effect with respect to the same
area both--
``(1) a designation as a NAFTA-impacted community, and
``(2) a designation as an enterprise community,
both of such designations shall be given full effect with respect to
such area.
``(e) Definitions and Special Rules.--For purposes of this
subchapter, rules similar to the rules of paragraphs (5) and (7) of
section 1393 shall apply.
``SEC. 1400L. NAFTA-IMPACTED COMMUNITY EMPLOYMENT CREDIT.
``(a) Amount of Credit.--For purposes of section 38, the amount of
the NAFTA-impacted community employment credit determined under this
section with respect to any employer for any taxable year is 8.5
percent of the qualified NAFTA-impacted community wages paid or
incurred during the calendar year which ends with or within such
taxable year.
``(b) Qualified NAFTA-Impacted Community Wages.--
``(1) In general.--For purposes of this section, the term
`qualified NAFTA-impacted community wages' means any wages paid
or incurred by an employer for services performed by an
employee while such employee is a qualified NAFTA-impacted
community employee.
``(2) Only first $15,000 of wages per year taken into
account.--With respect to each qualified NAFTA-impacted
community employee, the amount of qualified NAFTA-impacted
community wages which may be taken into account for a calendar year
shall not exceed $15,000.
``(3) Coordination with work opportunity credit.--
``(A) In general.--The term `qualified NAFTA-
impacted community wages' shall not include wages taken
into account in determining the credit under section
51.
``(B) Coordination with paragraph (2).--The $15,000
amount in paragraph (2) shall be reduced for any
calendar year by the amount of wages paid or incurred
during such year which are taken into account in
determining the credit under section 51.
``(c) Qualified NAFTA-Impacted Community Employee.--For purposes of
this section--
``(1) In general.--Except as otherwise provided in this
subsection, the term `qualified NAFTA-impacted community
employee' means, with respect to any period, any employee of an
employer if--
``(A) substantially all of the services performed
during such period by such employee for such employer
are performed within a NAFTA-impacted community in a
trade or business of the employer, and
``(B) the principal place of abode of such employee
while performing such services is within such NAFTA-
impacted community.
``(2) Other rules.--Rules similar to the rules of
paragraphs (2) and (3) of section 1396(d) shall apply.
``(d) Other Definitions and Special Rules.--For purposes of this
section, the rules of section 1397 shall apply.
``SEC. 1400M. INCREASE IN EXPENSING UNDER SECTION 179.
``(a) General Rule.--In the case of a NAFTA-impacted community
business (as defined in section 1400N), for purposes of section 179--
``(1) the limitation under section 179(b)(1) shall be
increased by the lesser of--
``(A) $10,000, or
``(B) the cost of section 179 property which is
qualified NAFTA-impacted property placed in service
during the taxable year, and
``(2) the amount taken into account under section 179(b)(2)
with respect to any section 179 property which is qualified
NAFTA-impacted property shall be 50 percent of the cost
thereof.
``(b) Recapture.--Rules similar to the rules under section
179(d)(10) shall apply with respect to any qualified NAFTA-impacted
property which ceases to be used in a NAFTA-impacted community by a
NAFTA-impacted community business.
``(c) Qualified NAFTA-Impacted Property.--For purposes of this
section--
``(1) In general.--The term `qualified NAFTA-impacted
property' means section 179 property (as defined in section
179(d)) if--
``(A) such property was acquired by the taxpayer
after December 31, 1999, and before January 1, 2007,
and
``(B) such property would be qualified zone
property (as defined in section 1397C) if references to
NAFTA-impacted communities were substituted for
references to empowerment zones in section 1397C.
``(2) Certain rules to apply.--The rules of subsections
(a)(2) and (b) of section 1397C shall apply for purposes of
this section.
``SEC. 1400N. NAFTA-IMPACTED COMMUNITY BUSINESS DEFINED.
``For purposes of this part, the term `NAFTA-impacted community
business' means any entity or proprietorship which would be a qualified
business entity or qualified proprietorship under section 1397C if
references to NAFTA-impacted communities were substituted for
references to empowerment zones in such section.''.
(b) Technical and Conforming Amendments.--
(1) NAFTA-impacted community employment credit part of
general business credit.--
(A) Subsection (b) of section 38 of such Code
(relating to current year business credit) is amended
by striking ``plus'' at the end of paragraph (12), by
striking the period at the end of paragraph (13) and
inserting ``, plus'', and by adding at the end the
following new paragraph:
``(14) the NAFTA-impacted community employment credit
determined under section 1400L(a).''.
(B) Subsection (d) of section 39 of such Code
(relating to carryback and carryforward of unused
credits) is amended by adding at the end the following
new paragraph:
``(10) No carryback of section 1400l credit before
effective date.--No portion of the unused business credit for
any taxable year which is attributable to the credit determined
under section 1400L (relating to NAFTA-impacted community
employment credit) may be carried to any taxable year ending before
January 1, 2000.''.
(2) Denial of deduction for portion of wages equal to
nafta-impacted community employment credit.--
(A) Subsection (a) of section 280C (relating to
rule for employment credits) is amended by striking
``and 1396(a)'' and inserting ``1396(a), and
1400L(a)''.
(B) Subsection (c) of section 196 (relating to
deduction for certain unused business credits) is
amended by striking ``and'' at the end of paragraph
(8), by striking the period at the end of paragraph (9)
and inserting ``, and'', and by adding at the end the
following new paragraph:
``(10) the NAFTA-impacted community employment credit
determined under section 1400L(a)''.
(3) Carryovers.--Subsection (c) of section 381 (relating to
carryovers in certain corporate acquisitions) is amended by
adding at the end the following new paragraph:
``(27) NAFTA-impacted community provisions.--The acquiring
corporation shall take into account (to the extent proper to
carry out the purposes of this section and subchapter XI, and
under such regulations as may be prescribed by the Secretary)
the items required to be taken into account for purposes of
subchapter XI in respect of the distributor or transferor
corporation.''.
(c) Clerical Amendments.--The table of subchapters for chapter 1 is
amended by adding at the end the following new item:
``Subchapter XI. NAFTA-Impacted
Communities.''
SEC. 3. GRANTS FOR JOB TRAINING ASSISTANCE FOR NAFTA-IMPACTED
COMMUNITIES.
(a) In General.--The Secretary of Labor shall provide grants to
States that contain NAFTA-impacted communities, as designated under
section 1400K of the Internal Revenue Code of 1986 (as added by section
2(a) of this Act), for the purpose of providing sub-grants to nonprofit
organizations and community or junior colleges in order to provide
short-term job training courses, courses in entrepreneurism and self-
employment, and other related job training assistance that will promote
the economic self-sufficiency of individuals located in NAFTA-impacted
communities.
(b) Maximum Amount of Grant.--The total amount provided under a
grant to a State under subsection (a) for a fiscal year may not exceed
the product of--
(1) $1,000,000; and
(2) the number of NAFTA-impacted communities located in the
State.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $35,000,000 for each of the fiscal years
2002 through 2008.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended. | Free Trade Community Relief Act - Amends the Internal Revenue Code to, among other things: (1) provide for the designation of NAFTA-impacted communities; (2) establish an employment credit for such communities; and (3) provide for job training grants to such communities. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives and job training grants for communities affected by the migration of businesses and jobs to Canada or Mexico as a result of the North American Free Trade Agreement."} | 3,748 | 54 | 0.544997 | 1.260307 | 1.057514 | 2.740741 | 60.851852 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Recruitment and Retention
Act of 2003''.
SEC. 2. INCREASED QUALIFIED LOAN AMOUNTS.
(a) FFEL Loans.--Section 428J(c) of the Higher Education Act of
1965 (20 U.S.C. 1078-10(c)) is amended by adding at the end the
following new paragraph:
``(3) Increased amounts for teachers in mathematics,
science, or special education.--
``(A) Service qualifying for increased amounts.--
Notwithstanding the amount specified in paragraph (1),
the aggregate amount that the Secretary shall repay
under this section shall not be more than $17,500 in
the case of--
``(i) a secondary school teacher--
``(I) who meets the requirements of
subsection (b), subject to subparagraph
(D) of this paragraph; and
``(II) whose qualifying employment
for purposes of such subsection has
been teaching mathematics or science on
a full-time basis;
``(ii) an elementary or secondary school
teacher--
``(I) who meets the requirements of
subsection (b), subject to subparagraph
(D) of this paragraph;
``(II) whose qualifying employment
for purposes of such subsection has
been as a special education teacher
whose primary responsibility is to
provide special education to children
with disabilities (as those terms are
defined in section 602 of the
Individuals with Disabilities Act); and
``(III) who, as certified by the
chief administrative officer of the
public or nonprofit private elementary
or secondary school in which the
borrower is employed, is teaching
children with disabilities that
correspond with the borrower's special
education training and has demonstrated
knowledge and teaching skills in the
content areas of the elementary or
secondary school curriculum that the
borrower is teaching; and
``(iii) an elementary or secondary school
teacher who primarily teaches reading and--
``(I) who meets the requirements of
subsection (b), subject to subparagraph
(D) of this paragraph;
``(II) who has obtained a separate
reading instruction credential from the
State in which the teacher is employed;
and
``(III) who is certified by the
chief administrative officer of the
public or nonprofit private elementary
or secondary school in which the
borrower is employed to teach reading--
``(aa) as being proficient
in teaching the essential
components of reading
instruction as defined in
section 1208 of the Elementary
and Secondary Education Act of
1965; and
``(bb) as having such
credential.
``(B) Accelerated payment.--Notwithstanding the
requirements of subsection (b)(1) and paragraph (1) of
this subsection that 5 consecutive complete years of
service have been completed prior to the receipt of
loan forgiveness, in the case of service described in
subparagraph (A) of this paragraph, the Secretary shall
repay a portion of a borrower's loan obligation
outstanding at the commencement of the qualifying
service under this subsection, not to exceed a total of
$17,500, in the following increments:
``(i) up to $1,750, or 10 percent of such
outstanding loan obligation, whichever is less,
at the completion of the second year of such
service;
``(ii) up to $2,625, or 15 percent of such
outstanding loan obligation, whichever is less,
at the completion of the third year of such
service;
``(iii) up to $4,375, or 25 percent of such
outstanding loan obligation, whichever is less,
at the completion of the fourth year of such
service; and
``(iv) up to $8,750, or 50 percent of such
outstanding loan obligation, whichever is less,
at the completion of the fifth year of such
service.
``(C) Promise to complete service required for
accelerated payment.--Any borrower who receives
accelerated payment under this paragraph shall enter
into an agreement to continue in the qualifying service
for not less than 5 consecutive complete school years,
or, upon a failure to complete such 5 years, to repay
the United States, in accordance with regulations
prescribed by the Secretary, the amount of the loans
repaid by the Secretary under this paragraph, together
with interest thereon and, to the extent required in
such regulations, the reasonable costs of collection.
Such regulations may provide for waiver by the
Secretary of such repayment obligations upon proof of
economic hardship as specified in such regulations.
``(D) Higher poverty enrollment required.--In order
to qualify for an increased repayment amount under this
paragraph, section 465(a)(2)(A) shall, for purposes of
subsection (b)(1)(A) of this section, be applied by
substituting `40 percent of the total enrollment' for
`30 percent of the total enrollment'.''.
(b) Direct Loans.--Section 460(c) of the Higher Education Act of
1965 (20 U.S.C. 1087j(c)) is amended by adding at the end the following
new paragraph:
``(3) Increased amounts for teachers in mathematics,
science, or special education.--
``(A) Service qualifying for increased amounts.--
Notwithstanding the amount specified in paragraph (1),
the aggregate amount that the Secretary shall repay
under this section shall not be more than $17,500 in
the case of--
``(i) a secondary school teacher--
``(I) who meets the requirements of
subsection (b)(1), subject to
subparagraph (D) of this paragraph; and
``(II) whose qualifying employment
for purposes of such subsection has
been teaching mathematics or science on
a full-time basis;
``(ii) an elementray or secondary school
teacher--
``(I) who meets the requirements of
subsection (b)(1), subject to
subparagraph (D) of this paragraph;
``(II) whose qualifying employment
for purposes of such subsection has
been as a special education teacher
whose primary responsibility is to
provide special education to children
with disabilities (as those terms are
defined in section 602 of the
Individuals with Disabilities Act); and
``(III) who, as certified by the
chief administrative officer of the
public or nonprofit private elementary
or secondary school in which the
borrower is employed, is teaching
children with disabilities that
correspond with the borrower's special
education training and has demonstrated
knowledge and teaching skills in the
content areas of the elementary or
secondary school curriculum that the
borrower is teaching; and
``(iii) an elementary or secondary school
teacher who primarily teaches reading and--
``(I) who meets the requirements of
subsection (b), subject to subparagraph
(D) of this paragraph;
``(II) who has obtained a separate
reading instruction credential from the
State in which the teacher is employed;
and
``(III) who is certified by the
chief administrative officer of the
public or nonprofit private elementary
or secondary school in which the
borrower is employed to teach reading--
``(aa) as being proficient
in teaching the essential
components of reading
instruction as defined in
section 1208 of the Elementary
and Secondary Education Act of
1965; and
``(bb) as having such
credential.
``(B) Accelerated payment.--Notwithstanding the
requirements of subsection (b)(1)(A) and paragraph (1)
of this subsection that 5 consecutive complete years of
service have been completed prior to the receipt of
loan forgiveness, in the case of service described in
subparagraph (A) of this paragraph, the Secretary shall
repay a portion of a borrower's loan obligation
outstanding at the commencement of the qualifying
service under this subsection, not to exceed a total of
$17,500, in the following increments:
``(i) up to $1,750, or 10 percent of such
outstanding loan obligation, whichever is less,
at the completion of the second year of such
service;
``(ii) up to $2,625, or 15 percent of such
outstanding loan obligation, whichever is less,
at the completion of the third year of such
service;
``(iii) up to $4,375, or 25 percent of such
outstanding loan obligation, whichever is less,
at the completion of the fourth year of such
service; and
``(iv) up to $8,750, or 50 percent of such
outstanding loan obligation, whichever is less,
at the completion of the fifth year of such
service.
``(C) Promise to complete service required for
accelerated payment.--Any borrower who receives
accelerated payment under this paragraph shall enter
into an agreement to continue in the qualifying service
for not less than 5 consecutive complete school years,
or, upon a failure to complete such 5 years, to repay
the United States, in accordance with regulations
prescribed by the Secretary, the amount of the loans
repaid by the Secretary under this paragraph, together
with interest thereon and, to the extent required in
such regulations, the reasonable costs of collection.
Such regulations may provide for waiver by the
Secretary of such repayment obligations upon proof of
economic hardship as specified in such regulations.
``(D) Higher poverty enrollment required.--In order
to qualify for an increased repayment amount under this
paragraph, section 465(a)(2)(A) shall, for purposes of
subsection (b)(1)(A)(i) of this section, be applied by
substituting `40 percent of the total enrollment' for
`30 percent of the total enrollment'.''.
SEC. 3. IMPLEMENTING HIGHLY QUALIFIED TEACHER REQUIREMENTS.
(a) Amendments.--
(1) FFEL Loans.--Section 428J(b)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1078-10(b)(1)) is amended--
(A) by inserting ``and'' after the semicolon at the
end of subparagraph (A); and
(B) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) if employed as an elementary or secondary
school teacher, is highly qualified as defined in
section 9101(23) of the Elementary Secondary Education
Act of 1965; and''.
(2) Direct Loans.--Section 460(b)(1)(A) of such Act (20
U.S.C. 1087j(b)(1)(A)) is amended--
(A) by inserting ``and'' after the semicolon at the
end of clause (i); and
(B) by striking clauses (ii) and (iii) and
inserting the following:
``(ii) if employed as an elementary or
secondary school teacher, is highly qualified
as defined in section 9101(23) of the
Elementary Secondary Education Act of 1965;
and''.
(b) Transition Rule.--
(1) Rule.--The amendments made by subsection (a) of this
section to sections 428J(b)(1) and 460(b)(1)(A) of the Higher
Education Act of 1965 shall not be applied to disqualify any
individual who, before the date of enactment of this Act,
commenced service that met and continues to meet the
requirements of such sections as in effect before such date of
enactment.
(2) Rule not applicable to increased qualified loan
amounts.--Paragraph (1) of this subsection shall not apply for
purposes of obtaining increased qualified loan amounts under
sections 428J(b)(3) and 460(b)(3) of the Higher Education Act
of 1965 as added by section 2 of this Act.
SEC. 4. INFORMATION ON BENEFITS TO RURAL SCHOOL DISTRICTS.
The Secretary shall--
(1) notify local educational agencies eligible to
participate in the Small Rural Achievement Program authorized
under subpart 1 of part B of title VI of the Elementary and
Secondary Education Act of 1965 of the benefits available under
the amendments made by this Act; and
(2) encourage such agencies to notify their teachers of
such benefits.
Passed the House of Representatives July 9, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Teacher Recruitment and Retention Act of 2003 - Amends the Higher Education Act of 1965 to provide for additional amounts of student loan forgiveness for certain eligible teachers of: (1) mathematics or science in secondary schools; and (2) special education or reading in elementary and secondary schools. Requires such teachers to be highly qualified and to agree to teach for five consecutive years in schools with high enrollments of students from low-income families.
(Sec. 2) Increases to $17,500 the maximum amount of loan forgiveness for such teachers under the Federal Family Education Loan and the Federal Direct Student Loan programs (with the current maximum of $5,000 continuing to apply to teachers of other subjects). Directs the Secretary of Education to pay certain portions of such loan forgiveness at specified stages of their service in the case of those eligible for the increased amount. Requires those qualifying for an increased repayment to teach at a school eligible for assistance under title I of the Elementary and Secondary Education Act of 1965 (ESEA title I school) with at least a 40 percent enrollment of students from low-income families (with the current repayment maximum continuing to apply in the case of those who teach at ESEA title I schools with at least a 30 percent enrollment of such students). (Sec. 3) Requires all teachers eligible for student loan forgiveness to be highly qualified, in keeping with requirements under ESEA. Exempts from this requirement teachers who have already begun their teaching service obligation under the current loan forgiveness program. States that such exemption shall not apply for purposes of obtaining increased loan amounts. (Sec. 4) Directs the Secretary to notify local educational agencies eligible to participate in the ESEA's Small Rural Achievement Program of the increased amounts of student loan forgiveness made available to certain teachers by this Act, and to encourage such agencies to notify their teachers of such benefits. | {"src": "billsum_train", "title": "To increase the amount of student loans that may be forgiven for teachers in mathematics, science, and special education."} | 2,629 | 385 | 0.610756 | 1.710085 | 0.742076 | 1.767507 | 6.901961 | 0.820728 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Iran Sanctions Act of
1993''.
SEC. 2. CONGRESSIONAL FINDINGS.
(a) Iran's Violations of Human Rights.--The Congress makes the
following findings with respect to Iran's violations of human rights:
(1) As cited by the 1991 United Nations Special
Representative on Human Rights, Amnesty International, and the
United States Department of State, the Government of Iran has
conducted assassinations outside of Iran, such as that of
former Prime Minister Shahpour Bakhtiar for which the
Government of France issued arrest warrants for several Iranian
governmental officials.
(2) As cited by the 1991 United Nations Special
Representative on Human Rights and by Amnesty International,
the Government of Iran has conducted revolutionary trials which
do not meet internationally recognized standards of fairness or
justice. These trials have included such violations as a lack
of procedural safeguards, trial times of 5 minutes or less,
limited access to defense counsel, forced confessions, and
summary executions.
(3) As cited by the 1991 United Nations Special
Representative on Human Rights, the Government of Iran
systematically represses its Baha'i population. Persecutions of
this small religious community include assassinations,
arbitrary arrests, electoral prohibitions, and denial of
applications for documents such as passports.
(4) As cited by the 1991 United Nations Special
Representative on Human Rights, the Government of Iran
suppresses opposition to its government. Political
organizations such as the Freedom Movement are banned from
parliamentary elections, have their telephones tapped and their
mail opened, and are systematically harassed and intimidated.
(5) As cited by the 1991 United Nations Special
Representative on Human Rights and Amnesty International, the
Government of Iran has failed to recognize the importance of
international human rights. This includes suppression of
Iranian human rights movements such as the Freedom Movement,
lack of cooperation with international human rights
organizations such as the International Red Cross, and an
overall apathy toward human rights in general. This lack of
concern prompted the Special Representative to state in his
report that Iran had made ``no appreciable progress towards
improved compliance with human rights in accordance with the
current international instruments''.
(6) As cited by Amnesty International, the Government of
Iran continues to torture its political prisoners. Torture
methods include burns, arbitrary blows, severe beatings, and
positions inducing pain.
(b) Iran's Acts of International Terrorism.--The Congress makes the
following findings, based on the records of the Department of State,
with respect to Iran's acts of international terrorism:
(1) As cited by the Department of State, the Government of
Iran was the greatest supporter of state terrorism in 1992,
supporting over 20 terrorist acts, including the bombing of the
Israeli Embassy in Buenos Aires that killed 29 people.
(2) As cited by the Department of State, the Government of
Iran is a sponsor of radical religious groups that have used
terrorism as a tool. These include such groups as Hezballah,
HAMAS, the Turkish Islamic Jihad, and the Popular Front for the
Liberation of Palestine-General Command (PFLP-GC).
(3) As cited by the Department of State, the Government of
Iran has resorted to international terrorism as a means of
obtaining political gain. These actions have included not only
the assassination of former Prime Minister Bakhitiar, but the
death sentence imposed on Salman Rushdie, and the assassination
of the leader of the Kurdish Democratic Party of Iran.
(4) As cited by the Department of State and the Vice
President's Task Force on Combatting Terrorism, the Government
of Iran has long been a proponent of terrorist actions against
the United States, beginning with the takeover of the United
States Embassy in Tehran in 1979. Iranian support of extremist
groups have led to the following attacks upon the United States
as well:
(A) The car bomb attack on the United States
Embassy in Beirut killing 49 in 1983 by the Hezballah.
(B) The car bomb attack on the United States Marine
Barracks in Beirut killing 241 in 1983 by the
Hezballah.
(C) The assassination of American University
President in 1984 by the Hezballah.
(D) The kidnapping of all American hostages in
Lebanon from 1984-1986 by the Hezballah.
SEC. 3. TRADE EMBARGO.
(a) In General.--Except as provided in subsection (c), effective on
the date of enactment of this Act, a total trade embargo shall be in
force between the United States and Iran.
(b) Covered Transactions.--As part of such embargo the following
transactions are prohibited:
(1) Any transaction in the currency exchange of Iran.
(2) The transfer of credit or payments between, by,
through, or to any banking institution, to the extent that such
transfers or payments involve any interest of Iran or a
national thereof.
(3) The importing from, or exporting to, Iran of currency
or securities.
(4) Any acquisition, holding, withholding, use, transfer,
withdrawal, transportation, importation or exportation of, or
dealing in, or exercising any right, power, or privilege with
respect to, or any transaction involving, any property in which
Iran or any national thereof has any interest; by any person,
or with respect to any property, subject to the jurisdiction of
the United States.
(5) The licensing for export to Iran, or for export to any
other country for reexport to Iran, by any person subject to
the jurisdiction of the United States of any item or technology
controlled under the Export Administration Act of 1979, the
Arms Export Control Act, or the Atomic Energy Act of 1954.
(6) The importation into the United States of any good or
service which is, in whole or in part, grown, produced,
manufactured, extracted, or processed in Iran.
(c) Extraterritorial Application.--In addition to the transactions
described in subsection (b), the trade embargo imposed by this Act
prohibits any transaction described in paragraphs (1) through (4) of
that subsection when engaged in by a United States national abroad.
(d) Exceptions.--This section shall not apply to any transaction
involving the furnishing, for humanitarian purposes, of food, clothing,
medicine, or medical supplies, instruments, or equipment to Iran or to
any national thereof.
(e) Penalties.--Any person who violates this section or any
license, order, or regulation issued under this section shall be
subject to the same penalties as are applicable under section 206 of
the International Emergency Economic Powers Act (50 U.S.C. 1705) to
violations of licenses, orders, or regulations under that Act.
(f) Application to Existing Law.--This section shall apply
notwithstanding any other provision of law or international agreement.
SEC. 4. OPPOSITION TO MULTILATERAL ASSISTANCE.
(a) International Financial Institutions.--(1) The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution described in paragraph (2) to
oppose and vote against any extension of credit or other financial
assistance by that institution to Iran.
(2) The international financial institutions referred to in
paragraph (1) are the International Bank for Reconstruction and
Development, the International Development Association, the Asian
Development Bank, and the International Monetary Fund.
(b) United Nations.--It is the sense of the Congress that the
United States Permanent Representative to the United Nations should
oppose and vote against the provision of any assistance by the United
Nations or any of its specialized agencies to Iran.
SEC. 5. WAIVER AUTHORITY.
The provisions of sections 3 and 4 shall not apply if the President
determines and certifies to the appropriate congressional committees
that Iran--
(1) has substantially improved its adherence to
internationally recognized standards of human rights;
(2) has ceased its efforts to acquire a nuclear explosive
device; and
(3) has ceased support for acts of international terrorism.
SEC. 6. REPORT REQUIRED.
Beginning 60 days after the date of enactment of this Act, and
every 90 days thereafter, the President shall submit to the appropriate
congressional committees a report describing--
(1) the nuclear and other military capabilities of Iran;
and
(2) the support, if any, provided by Iran for acts of
international terrorism.
SEC. 7. DEFINITIONS.
For purposes of this Act--
(1) the term ``act of international terrorism'' means an
act--
(A) which is violent or dangerous to human life and
that is a violation of the criminal laws of the United
States or of any State or that would be a criminal
violation if committed within the jurisdiction of the
United States or any State; and
(B) which appears to be intended--
(i) to intimidate or coerce a civilian
population;
(ii) to influence the policy of a
government by intimidation or coercion; or
(iii) to affect the conduct of a government
by assassination or kidnapping.
(2) the term ``appropriate congressional committees'' means
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives;
(3) the term ``Iran'' includes any agency or
instrumentality of Iran;
(4) the term ``United States'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, and any other territory or possession
of the United States; and
(5) the term ``United States national'' means--
(A) a natural person who is a citizen of the United
States or who owes permanent allegiance to the United
States;
(B) a corporation or other legal entity which is
organized under the laws of the United States, any
State or territory thereof, or the District of
Columbia, if natural persons who are nationals of the
United States own, directly or indirectly, more than 50
percent of the outstanding capital stock or other
beneficial interest in such legal entity; and
(C) any foreign subsidiary of a corporation or
other legal entity described in subparagraph (B). | Comprehensive Iran Sanctions Act of 1993 - Imposes a trade embargo between the United States and Iran. Exempts transactions involving the furnishing, for humanitarian purposes, of food, clothing, medicine, or medical supplies. Sets forth penalties for violations of this Act.
Requires the Secretary of the Treasury to instruct the U.S. executive director of specified international financial institutions to oppose any extension of credit or financial assistance to Iran.
Expresses the sense of the Congress that the U.S. Permanent Representative to the United Nations should oppose the provision of U.N. assistance to such country. Sets forth requirements for the waiver of such embargo or denial of assistance.
Requires the President to submit a specified report to appropriate congressional committees. | {"src": "billsum_train", "title": "Comprehensive Iran Sanctions Act of 1993"} | 2,250 | 169 | 0.41868 | 1.322051 | 0.618265 | 3.852941 | 15.448529 | 0.867647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Sanctions Against Iranian
Terrorism Act''.
SEC. 2. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO RESTRICT INVESTMENT
ACTIVITIES IN IRAN.
(a) Additional Authority.--Section 202 of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8532)
is amended as follows:
(1) Subsection (a) is amended--
(A) by striking ``should support'' and inserting
``should not interfere with''; and
(B) by striking ``in the energy sector of Iran''
and all that follows through ``United States'' and
inserting ``in the business sector in Iran, or
prohibits or limits any person from engaging in
investment activities in the business sector of Iran,
until such time as all Federal laws that either
expressly authorize or require the imposition of
sanctions by the Federal Government on Iran are
rescinded by an Act or Acts of Congress''.
(2) Subsection (b) is amended--
(A) by amending the subsection heading to read as
follows:
``(b) Authority To Restrict Investment in Iran.--'';
(B) by striking ``may adopt and enforce measures
that meet'' and inserting ``may--
``(1) adopt and enforce measures--
``(A) that meet'';
(C) by moving the remaining text of subsection (b)
4 ems to the right;
(D) by striking ``subsection (c).'' and inserting
``subsection (c); or''; and
(E) by adding at the end the following:
``(B) to prohibit or limit any person from engaging
in investment activities in Iran described in
subsection (c); and
``(2) enter into interstate compacts regarding measures
described in paragraph (1).
Enforcement of measures under this subsection may include the
imposition of disclosure and other transparency requirements to carry
out paragraph (1).''.
(3) Subsection (c) is amended--
(A) in paragraph (1)--
(i) by striking ``$20,000,000 or more in
the energy sector'' and inserting ``$10,000,000
or more--
``(A) in the energy sector'';
(ii) by moving the remaining text of
paragraph (1) 2 ems to the right; and
(iii) by adding at the end the following:
``(B) in any other business enterprise in Iran,
including an entity that is owned or controlled by the
Government of Iran; or''; and
(B) in paragraph (2)--
(i) by striking ``$20,000,000'' and
inserting ``$10,000,000''; and
(ii) by adding after ``energy sector of
Iran'' the following: ``or otherwise in a
business enterprise in Iran, including an
entity that is owned or controlled by the
Government of Iran''.
(4) Subsection (f) is amended to read as follows:
``(f) Nonpreemption; No Conflict With U.S. Foreign and
International Commerce Policy.--A measure of a State or local
government authorized under subsection (b), (i), or (j)--
``(1) is authorized and not preempted by any Federal law or
regulation, or any policy, agreement, or exercise of waiver
authority of the executive branch; and
``(2) is consistent with United States Federal policy,
including United States foreign policy.''.
(5) Subsection (g) is amended by adding at the end the
following:
``(3) Own or control.--The term `own or control' means,
with respect to an entity--
``(A) to hold more than 20 percent of the equity
interest by vote or value in the entity;
``(B) to hold a majority of seats on the board of
directors of the entity; or
``(C) to otherwise control the actions, policies,
or personnel decisions of the entity.''.
(6) Subsection (h) is amended--
(A) in paragraph (1), by striking ``or subsection
(i)'' and inserting ``and subsections (i) and (j)'';
and
(B) in paragraph (2), by striking ``subsection
(i)'' and inserting ``subsections (i) and (j)''.
(7) Subsection (i) is amended by adding at the end the
following:
``(3) Applicability of prior provisions.--Paragraphs (1)
and (2) apply with respect to this section as in effect on the
day before the effective date of the State Sanctions Against
Iranian Terrorism Act.''.
(8) Section 202 is further amended--
(A) by redesignating subsection (j) as subsection
(k); and
(B) by inserting after subsection (i) the
following:
``(j) Applicability of Amendments.--
``(1) In general.--Notwithstanding any other provision of
this section or any other provision of law, a State or local
government may enforce a measure (without regard to the
requirements of subsection (d), except as provided in paragraph
(2)) adopted by the State or local government before the date
of the enactment of the State Sanctions Against Iranian
Terrorism Act (other than a measure covered by subsection (i))
that--
``(A) provides for the divestment of assets of the
State or local government from, or prohibits the
investment of the assets of the State or local
government in, any person that the State or local
government determines, using credible information
available to the public, engages in investment
activities in Iran (determined without regard to
subsection (c)) or other business activities in Iran
that are identified in the measure; or
``(B) prohibits or limits any person from engaging
in investment activities in Iran described in
subsection (c).
``(2) Application of notice requirements.--A measure
described in paragraph (1) shall be subject to the requirements
of paragraphs (1) and (2) and the first sentence of paragraph
(3) of subsection (d) on and after the date that is 2 years
after the date of the enactment of the State Sanctions Against
Iranian Terrorism Act.''.
(b) Exemption From Sunset.--Section 401(a) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
855(a)) is amended, in the matter preceding paragraph (1), by striking
``sections 105 and 305'' and inserting ``sections 105, 202, and 305''.
(c) Conforming Amendments.--
(1) The heading for title II of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8531 et seq.) is amended to read as follows:
``TITLE II--RESTRICTIONS BY STATE AND LOCAL GOVERNMENTS ON INVESTMENT
ACTIVITIES IN IRAN''.
(2) The heading for section 202 of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8532) is amended to read as follows:
``SEC. 202. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO RESTRICT
INVESTMENT ACTIVITIES IN IRAN.''.
(3) The table of contents of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8501 et seq.) is amended--
(A) by amending the item relating to title II to
read as follows:
``TITLE II--RESTRICTIONS BY STATE AND LOCAL GOVERNMENTS ON INVESTMENT
IN IRAN'';
and
(B) by amending the item relating to section 202 to
read as follows:
``Sec. 202. Authority of State and local governments to restrict
investment activities in Iran.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to measures adopted by
a State or local government on or after the date of the enactment of
this Act, except as provided in section 202(j) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010, as amended
by this Act. | State Sanctions Against Iranian Terrorism Act This bill amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to specify that a state may, in addition to limiting investment in Iran's energy sector, prohibit or limit any person from engaging in specified investment activities in Iran. A state may also enter into interstate compacts to prohibit or limit such financial activities. Enforcement of such measures may include the imposition of disclosure and transparency requirements. The description of "investment activities" is revised to: (1) reduce the threshold for financial involvement from $20 million to $10 million; and (2) include, in addition to the energy sector, involvement in a business enterprise in Iran, including an entity owned or controlled by the Iranian government. The bill declares that a state or local government measure authorized pursuant to the Act is: (1) authorized and not preempted by any federal law or regulation, or any policy, agreement, or exercise of waiver authority of the executive branch; and (2) is consistent with U.S. federal policy, including U.S. foreign policy. A state or local government may enforce a measure adopted before the enactment of this Act that: (1) provides for the divestment of state or local assets from, or prohibits the investment of those assets in, any person that engages in investment activities in Iran or other business activities in Iran identified in the measure; or (2) prohibits or limits any person from engaging in investment activities in Iran. | {"src": "billsum_train", "title": "State Sanctions Against Iranian Terrorism Act"} | 1,904 | 319 | 0.690569 | 2.167107 | 1.004467 | 3.958042 | 5.982517 | 0.902098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nevada Mining Townsite Conveyance
Act''.
SEC. 2. DISPOSAL OF PUBLIC LAND IN MINING TOWNSITES, ESMERALDA AND NYE
COUNTIES, NEVADA.
(a) Findings.--Congress finds that--
(1) the Federal Government owns real property in and around
historic mining townsites in the counties of Esmeralda and Nye
in the State of Nevada;
(2) while the real property described in paragraph (1) is
under the jurisdiction of the Secretary, some of the real
property has been occupied for decades by individuals--
(A) who took possession by purchase or other
documented and putatively legal transactions; and
(B) the continued occupation by whom constitutes a
trespass on the title held by the Federal Government;
(3) as a result of the confused and conflicting ownership
claims, the real property described in paragraph (1)--
(A) is difficult to manage under multiple use
policies; and
(B) creates a continuing source of friction and
unease between the Federal Government and local
residents;
(4)(A) all of the real property described in paragraph (1)
is appropriate for disposal for the purpose of promoting
administrative efficiency and effectiveness; and
(B) as of the date of enactment of this Act, the Bureau of
Land Management has identified the mining townsites for
disposal; and
(5) to promote the responsible resource management of the
real property described in paragraph (1), certain parcels
should be conveyed to the county in which the property is
situated in accordance with land use management plans of the
Bureau of Land Management so that the county may, in addition
to other actions, dispose of the property to individuals
residing on or otherwise occupying the real property.
(b) Definitions.--In this Act:
(1) Conveyance maps.--The term ``conveyance maps'' means--
(A) the map entitled ``Original Mining Townsite
Ione Nevada'' and dated October 17, 2005; and
(B) the map entitled ``Original Mining Townsite
Gold Point'' and dated October 17, 2005.
(2) Mining townsite.--The term ``mining townsite'' means
real property--
(A) located in the Gold Point and Ione townsites
within the counties of Esmeralda and Nye, Nevada, as
depicted on the conveyance maps;
(B) that is owned by the Federal Government; and
(C) on which improvements were constructed based on
the belief that--
(i) the property had been or would be
acquired from the Federal Government by the
entity that operated the mine; or
(ii) the individual or entity that made the
improvement had a valid claim for acquiring the
property from the Federal Government.
(D) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Bureau of
Land Management.
(c) Mining Claim Validity Review.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall carry out an
expedited program to examine each unpatented mining claim
(including each unpatented mining claim for which a patent
application has been filed) within each mining townsite.
(2) Determination of validity.--With respect to a mining
claim, if the Secretary determines that the elements of a
contest are present, the Secretary shall immediately determine
the validity of the mining claim.
(3) Declaration by secretary.--If the Secretary determines
a mining claim to be invalid, as soon as practicable after the
date of the determination, the Secretary shall declare the
mining claim to be null and void.
(4) Treatment of valid mining claims.--
(A) In general.--Each mining claim that the
Secretary determines to be valid shall be maintained in
compliance with the general mining laws and subsection
(d)(2)(B).
(B) Effect on holders.--A holder of a mining claim
described in subparagraph (A) shall not be entitled to
a patent.
(5) Abandonment of claim.--The Secretary shall provide--
(A) public notice that each mining claim holder may
affirmatively abandon the claim of the mining claim
holder prior to the validity review; and
(B) to each mining claim holder an opportunity to
abandon the claim of the mining claim holder before the
date on which the land that is subject to the mining
claim is conveyed.
(d) Conveyance Authority.--
(1) In general.--After completing a validity review under
subsection (c) and notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712,
1713), the Secretary shall convey to the appropriate county,
without consideration, all right, title, and interest of the
United States in and to mining townsites (including
improvements on the mining townsites)--
(A) identified for conveyance on the conveyance
maps; and
(B) that are not subject to valid mining claims.
(2) Valid mining claims.--
(A) In general.--With respect to each parcel of
land located in a mining townsite subject to a valid
mining claim, the Secretary shall reserve the mineral
rights and otherwise convey, without consideration, the
remaining right, title, and interest of the United
States in and to the mining townsite (including
improvements on the mining townsite) that is identified
for conveyance on a conveyance map.
(B) Procedures and requirements.--Each valid mining
claim shall be subject to each procedure and
requirement described in section 9 of the Act of
December 29, 1916 (43 U.S.C. 299) (commonly known as
the ``Stockraising Homestead Act of 1916'') (including
regulations).
(3) Availability of conveyance maps.--The conveyance maps
shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(e) Recipients.--
(1) Original recipient.--Subject to paragraph (2), the
conveyance of a mining townsite under subsection (d) shall be
made to the county in which the mining townsite is situated.
(2) Reconveyance to occupants.--
(A) In general.--In the case of a mining townsite
conveyed under subsection (d) for which a valid
interest is proven by 1 or more individuals, under the
provisions of Nevada Revised Statutes Chapter 244, the
county that receives the mining townsite under
paragraph (1) shall reconvey the property to the 1 or
more individuals by appropriate deed or other legal
conveyance as provided in that chapter.
(B) Authority of county.--A county described in
subparagraph (A) is not required to recognize a claim
under this paragraph that is submitted on a date that
is later than 5 years after the date of enactment of
this Act.
(f) Valid Existing Rights.--The conveyance of a mining townsite
under subsection (d) shall be subject to valid existing rights,
including any easement or other right-of-way or lease in existence as
of the date of the conveyance.
(g) Withdrawals.--Subject to valid rights in existence on the date
of enactment of this Act, and except as otherwise provided in this Act,
the mining townsites are withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(h) Survey.--A mining townsite to be conveyed by the United States
under subsection (d) shall be sufficiently surveyed as a whole to
legally describe the land for patent conveyance.
(i) Conveyance of Terminated Mining Claims.--If a mining claim
determined by the Secretary to be valid under subsection (c) is
abandoned, invalidated, or otherwise returned to the Bureau of Land
Management, the mining claim shall be--
(1) withdrawn in accordance with subsection (g); and
(2) conveyed to the owner of the surface rights covered by
the mining claim.
(j) Release.--On completion of the conveyance of a mining townsite
under subsection (d), the United States shall be relieved from
liability for, and shall be held harmless from, any and all claims
arising from the presence of improvements and materials on the conveyed
property.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this Act. | Nevada Mining Townsite Conveyance Act - Directs the Secretary of the Interior, acting through the Bureau of Land Management (BLM), to carry out an expedited program to examine and determine the validity of each unpatented mining claim (including each claim for which a patent application has been filed) within specified mining townsites (federally owned real property in the Gold Point and Ione townsites within Esmeralda and Nye Counties, Nevada, on which improvements were constructed based on the belief that: (1) the property had been or would be acquired from the federal government by the entity that operated the mine; or (2) the individual or entity that made the improvement had a valid claim for acquiring the property from the federal government).
Directs the Secretary of the Interior, after completing the validity review, to convey to the appropriate county, without consideration, all right, title, and interest of the United States in and to any such mining townsites (including improvements) which are not subject to valid mining claims. Requires the Secretary to reserve the mineral rights in each parcel of land subject to a valid mining claim, but convey, without consideration, the remaining U.S. right, title, and interest.
Requires the county receiving such a site, if one or more individuals (occupants, for instance) prove a valid interest under Nevada law, to reconvey the property to such individual or individuals.
Withdraws the mining townsites from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Requires withdrawal and conveyance to the owner of the surface rights of any mining claim determined valid which is abandoned, invalidated, or otherwise returned to the BLM. | {"src": "billsum_train", "title": "A bill to provide for the conveyance of certain public land in and around historic mining townsites located in the State of Nevada, and for other purposes."} | 1,905 | 397 | 0.632634 | 2.169079 | 0.715921 | 5.388732 | 4.805634 | 0.943662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adam Walsh Reauthorization Act of
2017''.
SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM
REAUTHORIZATION.
Section 126(d) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16926(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General $20,000,000 for each of the fiscal
years 2018 through 2022, to be available only for the SOMA program.''.
SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO
VIOLATIONS OF REGISTRATION REQUIREMENTS.
Section 142(b) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16941(b)) is amended to read as follows:
``(b) For each of fiscal years 2018 through 2022, of amounts made
available to the United States Marshals Service, not less than
$60,000,000 shall be available to carry out this section.''.
SEC. 4. DURATION OF SEX OFFENDER REGISTRATION REQUIREMENTS FOR CERTAIN
JUVENILES.
Subparagraph (B) of section 115(b)(2) of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16915(b)(2)) is amended by
striking ``25 years'' and inserting ``15 years''.
SEC. 5. PUBLIC ACCESS TO JUVENILE SEX OFFENDER INFORMATION.
Section 118(c) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16918(c)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(3);
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) any information about a sex offender for whom the
offense giving rise to the duty to register was an offense for
which the offender was adjudicated delinquent; and''.
SEC. 6. PROTECTION OF LOCAL GOVERNMENTS FROM STATE NONCOMPLIANCE
PENALTY UNDER SORNA.
Section 125 of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16925(a)) is amended--
(1) by striking ``jurisdiction'' each place it appears and
inserting ``State'';
(2) in subsection (a)--
(A) by striking ``subpart 1 of part E'' and
inserting ``section 505(c)''; and
(B) by striking ``(42 U.S.C. 3750 et seq.)'' and
inserting ``(42 U.S.C. 3755(c))''; and
(3) by adding at the end the following:
``(e) Calculation of Allocation to Units of Local Government.--
Notwithstanding the formula under section 505(c) of the Omnibus Crime
Control and Safe Streets Act 1968 (42 U.S.C. 3755(c)), a State which is
subject to a reduction in funding under subsection (a) shall--
``(1) calculate the amount to be made available to units of
local government by the State pursuant to the formula under
section 505(c) using the amount that would otherwise be
allocated to that State for that fiscal year under section
505(c) of that Act, and make such amount available to such
units of local government; and
``(2) retain for the purposes described in section 501 any
amount remaining after the allocation required by paragraph
(1).''.
SEC. 7. ADDITIONAL INFORMATION TO BE INCLUDED IN ANNUAL REPORT ON
ENFORCEMENT OF REGISTRATION REQUIREMENTS.
Section 635 of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16991) is amended--
(1) by striking ``Not later than July 1 of each year'' and
inserting ``On January 1 of each year,'';
(2) in paragraph (3), by inserting before the semicolon at
the end the following: ``, and an analysis of any common
reasons for noncompliance with such Act'';
(3) in paragraph (4), by striking ``and'' at the end;
(4) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(5) by adding after paragraph (5) the following:
``(6) the number of sex offenders registered in the
National Sex Offender Registry;
``(7) the number of sex offenders registered in the
National Sex Offender Registry who--
``(A) are adults;
``(B) are juveniles; and
``(C) are adults, but who are required to register
as a result of conduct committed as a juvenile; and
``(8) to the extent such information is obtainable, of the
number of sex offenders registered in the National Sex Offender
Registry who are juveniles--
``(A) the percentage of such offenders who were
adjudicated delinquent; and
``(B) the percentage of such offenders who were
prosecuted as adults.''.
SEC. 8. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United States
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and
inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18, United
States Code, is amended in paragraph (12)(A) by striking ``or 4246''
and inserting ``, 4246, or 4248''.
SEC. 9. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL EXPLOITATION AND
HUMAN TRAFFICKING.
Section 2255(b) of title 18, United States Code, is amended--
(1) by striking ``three years'' and inserting ``10 years'';
and
(2) by inserting ``ends'' before the period at the end.
SEC. 10. TRIBAL ACCESS PROGRAM.
The Attorney General is authorized to provide technical assistance,
including equipment, to tribal governments for the purpose of enabling
such governments to access, enter information into, and obtain
information from, Federal criminal information databases, as authorized
under section 534(d) of title 28, United States Code. The Department of
Justice Working Capital Fund (established under section 527 of title
28, United States Code) may be reimbursed by federally recognized
tribes for technical assistance provided pursuant to this section.
SEC. 11. ALTERNATIVE MECHANISMS FOR IN-PERSON VERIFICATION.
Section 116 of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16916) is amended--
(1) by striking ``A sex offender shall'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), a sex
offender shall''; and
(2) by adding at the end the following:
``(b) Alternative Verification Method.--A jurisdiction may allow a
sex offender to comply with the requirements under subsection (a) by an
alternative verification method approved by the Attorney General,
except that each offender shall appear in person not less than one time
per year. The Attorney General shall approve an alternative
verification method described in this subsection prior to its
implementation by a jurisdiction in order to ensure that such method
provides for verification that is sufficient to ensure the public
safety.''.
SEC. 12. CLARIFICATION OF AGGRAVATED SEXUAL ABUSE.
Section 111(8) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16911(8)) is amended by inserting ``subsection (a) or
(b) of'' before ``section 2241 of title 18, United States Code''.
SEC. 13. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.
Section 634(c) of the Adam Walsh Child Protection and Safety Act of
2006 is amended by adding at the end the following:
``(3) Additional report.--Not later than 1 year after the
date of enactment of the Adam Walsh Reauthorization Act of
2017, the National Institute of Justice shall submit to
Congress a report on the public safety impact, recidivism, and
collateral consequences of long-term registration of juvenile
sex offenders, based on the information collected for the study
under subsection (a) and any other information the National
Institute of Justice determines necessary for such report.''.
Passed the House of Representatives May 22, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Adam Walsh Reauthorization Act of 2017 (Sec. 2) This bill amends the Sex Offender Registration and Notification Act to reauthorize through FY2022 the Sex Offender Management Assistance program. (Sec. 3) The bill reauthorizes through FY2022 the activities of the U.S. Marshals Service to locate and apprehend sex offenders who violate sex offender registration requirements. (Sec. 4) It reduces from 25 years to 15 years the required registration period for certain juvenile delinquent sex offenders who maintain a clean record. (Sec. 5) It allows a state, Indian tribe, or territory to exempt from disclosure on a public website information about juvenile delinquent sex offenders. (Sec. 6) The bill specifies how to calculate the allocation of Byrne Memorial Justice Assistance Grant (JAG) program funds for local governments after a state's JAG funds are reduced for failure to comply with sex offender registration and notification standards. (Sec. 7) It amends the Adam Walsh Child Protection and Safety Act of 2006 to require the Department of Justice (DOJ) to include additional data in its annual report on the enforcement of sex offender registration requirements. (Sec. 8) The bill amends the federal criminal code to broaden the duties of probation and pretrial services officers to include, when directed by a court, supervision of a sex offender conditionally released from civil commitment subject to court-ordered compliance with a prescribed regimen of medical, psychiatric, or psychological treatment. (Sec. 9) It extends the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently, 3 years) from the date such individual reaches age 18. (Sec. 10) It authorizes DOJ to provide technical assistance to tribal governments to promote access to federal criminal information databases. DOJ's Working Capital Fund may be reimbursed by federally recognized tribes for such technical assistance. (Sec. 11) The bill allows a state, Indian tribe, or territory to establish an alternative method for a registered sex offender to comply with the in-person verification requirement. DOJ must approve an alternative verification method before it is implemented. (Sec. 12) It limits the aggravated sex abuse offenses that trigger sex offender registration requirements for a juvenile at least 14 years old who is adjudicated delinquent for a comparable or more severe sex offense. (Sec. 13) The National Institute of Justice must report to Congress on the public safety impact, recidivism, and collateral consequences of long-term registration of juvenile sex offenders. | {"src": "billsum_train", "title": "Adam Walsh Reauthorization Act of 2017"} | 2,058 | 626 | 0.585839 | 1.965896 | 0.721621 | 2.046218 | 3.569328 | 0.789916 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strong Families Act''.
SEC. 2. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
(a) In General.--
(1) Allowance of credit.--Subpart D of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by adding at the end the following new section:
``SEC. 45S. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
``(a) Establishment of Credit.--
``(1) In general.--For purposes of section 38, in the case
of an eligible employer, the paid family and medical leave
credit is an amount equal to the applicable percentage of the
amount of wages paid to qualifying employees during any period
in which such employees are on family and medical leave.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means 12.5 percent
increased (but not above 25 percent) by 0.25 percentage points
for each percentage point by which the rate of payment (as
described under subsection (c)(1)(B)) exceeds 50 percent.
``(b) Limitation.--
``(1) In general.--The credit allowed under subsection (a)
with respect to any employee for any taxable year shall not
exceed an amount equal to the product of the normal hourly wage
rate of such employee for each hour (or fraction thereof) of
actual services performed for the employer and the number of
hours (or fraction thereof) for which family and medical leave
is taken.
``(2) Non-hourly wage rate.--For purposes of paragraph (1),
in the case of any employee who is not paid on an hourly wage
rate, the wages of such employee shall be prorated to an hourly
wage rate under regulations established by the Secretary, in
consultation with the Secretary of Labor.
``(3) Maximum amount of leave subject to credit.--The
amount of family and medical leave that may be taken into
account with respect to any employee under subsection (a) for
any taxable year shall not exceed 12 weeks.
``(c) Eligible Employer.--For purposes of this section--
``(1) In general.--The term `eligible employer' means any
employer who has in place a policy that meets the following
requirements:
``(A) The policy provides--
``(i) in the case of a qualifying employee
who is not a part-time employee (as defined in
section 4980E(d)(4)(B)), not less than 2 weeks
of annual paid family and medical leave, and
``(ii) in the case of a qualifying employee
who is a part-time employee, an amount of
annual paid family and medical leave that is
not less than an amount which bears the same
ratio to the amount of annual paid family and
medical leave that is provided to a qualifying
employee described in clause (i) as--
``(I) the number of hours the
employee is expected to work during any
week, bears to
``(II) the number of hours an
equivalent qualifying employee
described in clause (i) is expected to
work during the week.
``(B) The policy requires that the rate of payment
under the program is not less than 50 percent of the
wages normally paid to such employee for services
performed for the employer.
``(2) Special rule for certain employers.--
``(A) In general.--An added employer shall not be
treated as an eligible employer unless such employer
provides paid family and medical leave in compliance
with a policy which ensures that the employer--
``(i) will not interfere with, restrain, or
deny the exercise of or the attempt to
exercise, any right provided under the policy,
and
``(ii) will not discharge or in any other
manner discriminate against any individual for
opposing any practice prohibited by the policy.
``(B) Added employer; added employee.--For purposes
of this paragraph--
``(i) Added employee.--The term `added
employee' means a qualifying employee who is
not covered by title I of the Family and
Medical Leave Act of 1993, as amended.
``(ii) Added employer.--The term `added
employer' means an eligible employer
(determined without regard to this paragraph),
whether or not covered by that title I, who
offers paid family and medical leave to added
employees.
``(3) Aggregation rule.--All persons which are treated as a
single employer under subsections (a) and (b) of section 52
shall be treated as a single taxpayer.
``(4) Treatment of benefits mandated or paid for by state
or local governments.--For purposes of this section, any leave
which is paid by a State or local government or required by
State or local law shall not be taken into account in
determining the amount of paid family and medical leave
provided by the employer.
``(5) No inference.--Nothing in this subsection shall be
construed as subjecting an employer to any penalty, liability,
or other consequence (other than ineligibility for the credit
allowed by reason of subsection (a) or recapturing the benefit
of such credit) for failure to comply with the requirements of
this subsection.
``(d) Qualifying Employees.--For purposes of this section, the term
`qualifying employee' means any employee (as defined in section 3(e) of
the Fair Labor Standards Act of 1938, as amended) who--
``(1) has been employed by the employer for 1 year or more,
and
``(2) for the preceding year, had compensation not in
excess of an amount equal to 60 percent of the amount
applicable for such year under clause (i) of section
414(q)(1)(B).
``(e) Family and Medical Leave.--
``(1) In general.--Except as provided in paragraph (2), for
purposes of this section, the term `family and medical leave'
means leave for any one or more of the purposes described under
subparagraph (A), (B), (C), (D), or (E) of paragraph (1), or
paragraph (3), of section 102(a) of the Family and Medical
Leave Act of 1993, as amended, whether the leave is provided
under that Act or by a policy of the employer.
``(2) Exclusion.--If an employer provides paid leave as
vacation leave, personal leave, or medical or sick leave (other
than leave specifically for one or more of the purposes
referred to in paragraph (1)), that paid leave shall not be
considered to be family and medical leave under paragraph (1).
``(3) Definitions.--In this subsection, the terms `vacation
leave', `personal leave', and `medical or sick leave' mean
those 3 types of leave, within the meaning of section 102(d)(2)
of that Act.
``(f) Wages.--For purposes of this section, the term `wages' has
the meaning given such term by subsection (b) of section 3306
(determined without regard to any dollar limitation contained in such
section). Such term shall not include any amount taken into account for
purposes of determining any other credit allowed under this subpart.
``(g) Election To Have Credit Not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Other rules.--Rules similar to the rules of
paragraphs (2) and (3) of section 51(j) shall apply for
purposes of this subsection.
``(h) Termination.--This section shall not apply to wages paid in
any taxable year beginning after the date which is 5 years after the
date of the enactment of the Strong Families Act.''.
(b) Credit Part of General Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 is amended by striking ``plus'' at the
end of paragraph (35), by striking the period at the end of paragraph
(36) and inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) in the case of an eligible employer (as defined in
section 45S(c)), the paid family and medical leave credit
determined under section 45S(a).''.
(c) Credit Allowed Against AMT.--Subparagraph (B) of section
38(c)(4) of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (vii) through (x),
respectively, and by inserting after clause (vi) the following new
clause:
``(vii) the credit determined under section
45S,''.
(d) Conforming Amendments.--
(1) Denial of double benefit.--Section 280C(a) of the
Internal Revenue Code of 1986 is amended by inserting
``45S(a),'' after ``45P(a),''.
(2) Election to have credit not apply.--Section 6501(m) of
such Code is amended by inserting ``45S(g),'' after
``45H(g),''.
(3) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of such Code is
amended by adding at the end the following new item:
``Sec. 45S. Employer credit for paid family and medical leave.''.
(e) Effective Date.--The amendments made by this section shall
apply to wages paid in taxable years beginning after the date of the
enactment of this Act.
SEC. 3. GAO STUDY OF IMPACT OF TAX CREDIT TO PROMOTE ACCESS TO PAID
FAMILY AND MEDICAL LEAVE.
(a) Study.--Not later than 4 years after the date of enactment of
this Act, the Comptroller General of the United States, in consultation
with the Secretary of the Treasury and the Secretary of Labor, shall--
(1) complete a study that--
(A) examines the effectiveness of the tax credit
for paid family and medical leave authorized under
section 45S of the Internal Revenue Code of 1986 (as
added by this Act) in terms of--
(i) increasing access to paid family and
medical leave among qualifying employees;
(ii) promoting the creation of new paid
family and medical leave policies among
eligible employers;
(iii) increasing the generosity of existing
paid family and medical leave policies among
eligible employers; and
(iv) incentivizing employee or employer
behavior that might not otherwise have occurred
in the absence of the credit;
(B) provides recommendations for ways to modify or
enhance the tax credit to further promote access to
paid family and medical leave for qualifying employees;
(C) provides suggestions of alternative policies
that Federal and State governments could implement to
increase access to paid family and medical leave,
particularly among qualifying employees; and
(2) prepare and submit a report to the Committee on Finance
of the Senate and the Committee on Ways and Means of the House
of Representatives setting forth the conclusions of the study
conducted under paragraph (1) in such a manner that the
recommendations included in the report can inform future
legislative action. Such report shall also be made publicly
available via the website of the Government Accountability
Office.
(b) Prohibition.--In carrying out the requirements of this section,
the Comptroller General of the United States may request qualitative
and quantitative information from employers and employees claiming the
credit under section 45S of the Internal Revenue Code of 1986, but
nothing in this section shall be construed as mandating additional
reporting requirements for such employers or employees beyond what is
already required by law. | Strong Families Act This bill amends the Internal Revenue Code to: (1) allow certain employers a business-related tax credit for a specified percentage (not to exceed 25%) of the amount of wages paid to their employees during any period (not exceeding 12 weeks) in which such employees are on family and medical leave, (2) limit the allowable amount of such credit with respect to any employee to the product of the normal hourly wage rate of such employee for each hour (or fraction thereof) of actual services performed for the employer and the number of hours (or fraction thereof) for which family and medical leave is taken, and (3) terminate such credit five years after the enactment of this bill. The Government Accountability Office shall complete a study on the effectiveness of the tax credit for paid family and medical leave. | {"src": "billsum_train", "title": "Strong Families Act"} | 2,580 | 185 | 0.622104 | 1.663335 | 0.732723 | 4.975 | 15.00625 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Belated Thank You to the Merchant
Mariners of World War II Act of 2005''.
SEC. 2. MONTHLY BENEFIT FOR WORLD WAR II MERCHANT MARINERS AND
SURVIVORS UNDER TITLE 46, UNITED STATES CODE.
(a) Monthly Benefit.--Chapter 112 of title 46, United States Code,
is amended--
(1) by inserting after the table of sections the following
new subchapter heading:
``SUBCHAPTER I--VETERANS' BURIAL AND CEMETERY BENEFITS''; and
(2) by adding at the end the following new subchapter:
``SUBCHAPTER II--MONTHLY BENEFIT
``Sec. 11205. Monthly benefit
``(a) Payment.--The Secretary of Veterans Affairs shall pay to each
person issued a certificate of honorable service pursuant to section
11207(b) of this title a monthly benefit of $1,000.
``(b) Surviving Spouses.--
``(1) Payment to surviving spouses.--The Secretary of
Veterans Affairs shall pay to the surviving spouse of each
person issued a certificate of honorable service pursuant to
section 11207(b) of this title a monthly benefit of $1,000.
``(2) Exclusion.--No benefit shall be paid under paragraph
(1) to a surviving spouse of a person issued a certificate of
honorable service pursuant to section 11207(b) unless the
surviving spouse was married to such person for no less than 1
year.
``(c) Exemption From Taxation.--Payments of benefits under this
section are exempt from taxation as provided in section 5301(a) of
title 38.
``Sec. 11206. Qualified service
``For purposes of this subchapter, a person shall be considered to
have engaged in qualified service if, between December 7, 1941, and
December 31, 1946, the person--
``(1) was a member of the United States merchant marine
(including the Army Transport Service and the Naval Transport
Service) serving as a crewmember of a vessel that was--
``(A) operated by the War Shipping Administration
or the Office of Defense Transportation (or an agent of
such Administration or Office);
``(B) operated in waters other than--
``(i) inland waters;
``(ii) the Great Lakes; and
``(iii) other lakes, bays, and harbors of
the United States;
``(C) under contract or charter to, or property of,
the Government of the United States; and
``(D) serving the Armed Forces; and
``(2) while serving as described in paragraph (1), was
licensed or otherwise documented for service as a crewmember of
such a vessel by an officer or employee of the United States
authorized to license or document the person for such service.
``Sec. 11207. Documentation of qualified service
``(a) Application for Service Certificate.--A person seeking
benefits under section 11205 of this title shall submit an application
for a service certificate to the Secretary of Transportation, or in the
case of personnel of the Army Transport Service or the Naval Transport
Service, the Secretary of Defense.
``(b) Issuance of Service Certificate.--The Secretary who receives
an application under subsection (a) shall issue a certificate of
honorable service to the applicant if, as determined by that Secretary,
the person engaged in qualified service under section 11206 of this
title and meets the standards referred to in subsection (d) of this
section.
``(c) Timing of Documentation.--A Secretary receiving an
application under subsection (a) shall act on the application not later
than 1 year after the date of that receipt.
``(d) Standards Relating to Service.--In making a determination
under subsection (b), the Secretary acting on the application shall
apply the same standards relating to the nature and duration of service
that apply to the issuance of honorable discharges under section
401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 U.S.C. 106
note).
``Sec. 11208. Definitions
``In this subchapter, the term `surviving spouse' has the meaning
given such term in section 101 of title 38, except that in applying the
meaning in this subchapter, the term `veteran' shall include a person
who performed qualified service as specified in section 11206 of this
title.
``Sec. 11209. Authorization of appropriations
``There are authorized to be appropriated to the Secretary of
Veterans Affairs such sums as may be necessary for the purpose of
carrying out this subchapter.''.
(b) Conforming Amendments.--Subsection (c) of section 11201 of
title 46, United States Code, is amended--
(1) in paragraph (1), by striking ``chapter'' and inserting
``subchapter''; and
(2) in paragraph (2), by striking ``chapter'' the second
place it appears and inserting ``subchapter''.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 112 of title 46, United States Code, is amended--
(1) by inserting at the beginning the following new item:
``subchapter i--veterans' burial and cemetery benefits''; and
(2) by adding at the end the following new items:
``subchapter ii--monthly benefit
``11205. Monthly benefit.
``11206. Qualified service.
``11207. Documentation of qualified service.
``11208. Definitions.
``11209. Authorization of appropriations.''.
(d) Effective Date.--Subchapter II of chapter 112 of title 46,
United States Code, as added by subsection (a) of this section, shall
take effect with respect to payments for periods beginning on or after
the date of the enactment of this Act, regardless of the date of
application for benefits.
SEC. 3. BENEFITS FOR WORLD WAR II MERCHANT MARINERS UNDER TITLE II OF
THE SOCIAL SECURITY ACT.
(a) Benefits.--Section 217(d) of the Social Security Act (42 U.S.C.
417(d)) is amended by adding at the end the following new paragraph:
``(3) The term `active military or naval service' includes
the service, or any period of forcible detention or internment
by an enemy government or hostile force as a result of action
against a vessel described in subparagraph (A), of a person
who--
``(A) was a member of the United States merchant
marine (including the Army Transport Service and the
Naval Transport Service) serving as a crewmember of a
vessel that was--
``(i) operated by the War Shipping
Administration or the Office of Defense
Transportation (or an agent of such
Administration or Office);
``(ii) operated in waters other than--
``(I) inland waters;
``(II) the Great Lakes; and
``(III) other lakes, bays, and
harbors of the United States;
``(iii) under contract or charter to, or
property of, the Government of the United
States; and
``(iv) serving the Armed Forces; and
``(B) while serving as described in subparagraph
(A), was licensed or otherwise documented for service
as a crewmember of such a vessel by an officer or
employee of the United States authorized to license or
document the person for such service.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply only with respect to benefits for months beginning on or after
the date of the enactment of this Act. | Belated Thank You to the Merchant Mariners of World War II Act of 2005 - Directs the Secretary of Veterans Affairs to pay a monthly benefit of $1,000 to certain honorably-discharged veterans of the U.S. Merchant Marine who served between December 7, 1941, and December 31, 1946 (or to their survivors). Includes service in the Army Transport Service and the Naval Transport Service. Exempts benefits paid under this Act from taxation.
Provides for benefits for World War II Merchant Mariners under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act. | {"src": "billsum_train", "title": "To amend title 46, United States Code, and title II of the Social Security Act to provide benefits to certain individuals who served in the United States merchant marine (including the Army Transport Service and the Naval Transport Service) during World War II."} | 1,794 | 133 | 0.537277 | 1.493685 | 0.644218 | 3.894737 | 13.666667 | 0.859649 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securities Litigation Attorney
Accountability and Transparency Act''.
SEC. 2. DISCLOSURES OF PAYMENTS, FEE ARRANGEMENTS, CONTRIBUTIONS, AND
OTHER POTENTIAL CONFLICTS OF INTEREST BETWEEN PLAINTIFF
AND ATTORNEYS.
(a) Securities Exchange Act of 1934.--Section 21D(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)) is amended by
adding at the end the following new paragraphs:
``(10) Disclosures regarding payments.--
``(A) Sworn certifications required.--In any
private action arising under this title, each plaintiff
and any attorney for such plaintiff shall provide sworn
certifications, which shall be personally signed by
such plaintiff and such attorney, respectively, and
filed with the complaint, that identify any direct or
indirect payment, or promise of any payment, by such
attorney, or any person affiliated with such attorney,
to such plaintiff, or any person affiliated with such
plaintiff, beyond the plaintiff's pro rata share of any
recovery, except as ordered or approved by the court in
accordance with paragraph (4). Upon disclosure of any
such payment or promise of payment, the court shall
disqualify the attorney from representing the
plaintiff.
``(B) Definition.--For purposes of this paragraph,
the term `payment' shall include the transfer of money
and any other thing of value, including the provision
of services, other than representation of the plaintiff
in the private action arising under this title.
``(11) Disclosures regarding legal representations.--In any
private action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies the nature and terms of any legal representation
provided by such attorney, or any person affiliated with such
attorney, to such plaintiff, or any person affiliated with such
plaintiff other than the representation of the plaintiff in the
private action arising under this title. The court may allow
such certifications to be made under seal. The court shall make
a determination whether the nature or terms of the fee
arrangement for any other matter influenced the selection and
retention of counsel in any private action arising under this
title and, if the court so finds, shall disqualify the attorney
from representing the plaintiff in any such action.
``(12) Disclosures regarding contributions.--In any private
action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies any contribution made within five years prior to the
filing of the complaint by such attorney, any person affiliated
with such attorney, or any political action committee
controlled by such attorney, to any elected official with
authority to retain counsel for such plaintiff or to select or
appoint, influence the selection or appointment of, or oversee
any individual or group of individuals with that authority.
``(13) Disclosure regarding other conflicts of interest.--
In any private action arising under this title, each plaintiff
and any attorney for such plaintiff shall provide sworn
certifications, which shall be personally signed by such
plaintiff and such attorney, respectively, and filed with the
complaint, that identifies any other conflict of interest
(other than one specified in paragraphs (10) through (12))
between such attorney and such plaintiff. The court shall make
a determination of whether such conflict is sufficient to
disqualify the attorney from representing the plaintiff.''.
(b) Securities Act of 1933.--Section 27(a) of the Securities Act of
1933 (15 U.S.C. 77z-1(a)) is amended by adding at the end the following
new paragraph:
``(9) Disclosures regarding payments.--
``(A) Sworn certifications required.--In any
private action arising under this title, each plaintiff
and any attorney for such plaintiff shall provide sworn
certifications, which shall be personally signed by
such plaintiff and such attorney, respectively, and
filed with the complaint, that identify any direct or
indirect payment, or promise of any payment, by such
attorney, or any person affiliated with such attorney,
to such plaintiff, or any person affiliated with such
plaintiff, beyond the plaintiff's pro rata share of any
recovery, except as ordered or approved by the court in
accordance with paragraph (4). Upon disclosure of any
such payment or promise of payment, the court shall
disqualify the attorney from representing the
plaintiff.
``(B) Definition.--For purposes of this paragraph,
the term `payment' shall include the transfer of money
and any other thing of value, including the provision
of services, other than representation of the plaintiff
in the private action arising under this title.
``(10) Disclosures regarding legal representations.--In any
private action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies the nature and terms of any legal representation
provided by such attorney, or any person affiliated with such
attorney, to such plaintiff, or any person affiliated with such
plaintiff other than the representation of the plaintiff in the
private action arising under this title. The court may allow
such certifications to be made under seal. The court shall make
a determination whether the nature or terms of the fee
arrangement for any other matter influenced the selection and
retention of counsel in any private action arising under this
title and, if the court so finds, shall disqualify the attorney
from representing the plaintiff in any such action.
``(11) Disclosures regarding contributions.--In any private
action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies any contribution made within five years prior to the
filing of the complaint by such attorney, any person affiliated
with such attorney, or any political action committee
controlled by such attorney, to any elected official with
authority to retain counsel for such plaintiff or to select or
appoint, influence the selection or appointment of, or oversee
any individual or group of individuals with that authority.
``(12) Disclosure regarding other conflicts of interest.--
In any private action arising under this title, each plaintiff
and any attorney for such plaintiff shall provide sworn
certifications, which shall be personally signed by such
plaintiff and such attorney, respectively, and filed with the
complaint, that identifies any other conflict of interest
(other than one specified in paragraphs (9) through (11))
between such attorney and such plaintiff. The court shall make
a determination of whether such conflict is sufficient to
disqualify the attorney from representing the plaintiff.''.
SEC. 3. SELECTION OF LEAD COUNSEL.
(a) Securities Exchange Act of 1934.--Section 21D(a)(3)(B)(v) of
the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)(3)(B)(v)) is
amended by adding at the end the following: ``In exercising the
discretion of the court over the approval of lead counsel, the court
shall employ a competitive bidding process as one of the criteria in
the selection and retention of counsel for the most adequate plaintiff,
unless the court determines on the record that such a process is not
feasible.''.
(b) Securities Act of 1933.--Section 27(a)(3)(B)(v) of the
Securities Act of 1933 (15 U.S.C. 77z-1(a)(3)(B)(v)) is amended by
adding at the end the following: ``In exercising the discretion of the
court over the approval of lead counsel, the court shall employ a
competitive bidding process as one of the criteria in the selection and
retention of counsel for the most adequate plaintiff, unless the court
determines on the record that such a process is not feasible.''.
SEC. 4. STUDY OF AVERAGE HOURLY FEES IN SECURITIES CLASS ACTIONS.
(a) Study and Review Required.--The Comptroller General of the
United States shall conduct a study and review of fee awards to lead
counsel in securities class actions over the 5-year period preceding
the date of enactment of this Act to determine the effective average
hourly rate for lead counsel in such actions.
(b) Report Required.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Committee on Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of Representatives on
the results of the study and review required by this section. The
Comptroller General shall submit an updated study every 3 years
thereafter.
(c) Definition.--For purposes of this section, the term
``securities class action'' means a private class action arising under
the Securities Act of 1933 (15 U.S.C. 77 et seq.) or the Securities
Exchange Act of 1934 (15 U.S.C. 78 et seq.) that is brought as a
plaintiff class action pursuant to the Federal Rules of Civil
Procedure. | Securities Litigation Attorney Accountability and Transparency Act - Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to require plaintiff and plaintiff's attorney to provide sworn, signed certifications that identify any actual or promised payment by the attorney to the plaintiff, beyond the plaintiff's pro rata share of any recovery.
Requires similar plaintiff and plaintiff's attorney certifications regarding: (1) legal representations; (2) contributions; and (3) conflicts of interest.
Requires the court, in exercising discretion over the approval of lead counsel, to employ a competitive bidding process as one of the criteria (unless the court determines that such a process is not feasible).
Instructs the Comptroller General to study and report to certain congressional committees on average hourly fees in securities class actions. | {"src": "billsum_train", "title": "A bill to protect investors by fostering transparency and accountability of attorneys in private securities litigation."} | 2,075 | 176 | 0.531693 | 1.72359 | 0.793337 | 3.993377 | 12.337748 | 0.907285 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Consumers Relief Act of
2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Direct costs.--The term ``direct costs'' has the
meaning given the term in chapter 8 of the report of the
Environmental Protection Agency entitled ``Guidelines for
Preparing Economic Analyses'' and dated December 17, 2010.
(3) Energy-related rule that is estimated to cost more than
$1,000,000,000.--The term ``energy-related rule that is
estimated to cost more than $1,000,000,000'' means a rule of
the Environmental Protection Agency that--
(A) regulates any aspect of the production, supply,
distribution, or use of energy or provides for such
regulation by States or other governmental entities;
and
(B) is estimated by the Administrator or the
Director of the Office of Management and Budget to
impose direct costs and indirect costs, in the
aggregate, of more than $1,000,000,000.
(4) Indirect costs.--The term ``indirect costs'' has the
meaning given the term in chapter 8 of the report of the
Environmental Protection Agency entitled ``Guidelines for
Preparing Economic Analyses'' and dated December 17, 2010.
(5) Rule.--The term ``rule'' has the meaning given to the
term in section 551 of title 5, United States Code.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES
THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE
ECONOMY.
Notwithstanding any other provision of law, the Administrator may
not promulgate as final an energy-related rule that is estimated to
cost more than $1,000,000,000 if the Secretary determines under section
4(b)(3) that the rule will cause significant adverse effects to the
economy.
SEC. 4. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL
CERTAIN ENERGY-RELATED RULES.
(a) In General.--Before promulgating as final any energy-related
rule that is estimated to cost more than $1,000,000,000, the
Administrator shall carry out the requirements of subsection (b).
(b) Requirements.--
(1) Report to congress.--The Administrator shall submit to
Congress and the Secretary a report containing--
(A) a copy of the rule;
(B) a concise general statement relating to the
rule;
(C) an estimate of the total costs of the rule,
including the direct costs and indirect costs of the
rule;
(D)(i) an estimate of the total benefits of the
rule and when such benefits are expected to be
realized;
(ii) a description of the modeling, the
calculations, the assumptions, and the limitations due
to uncertainty, speculation, or lack of information
associated with the estimates under this subparagraph;
and
(iii) a certification that all data and documents
relied upon by the Environmental Protection Agency in
developing the estimates--
(I) have been preserved; and
(II) are available for review by the public
on the Web site of the Environmental Protection
Agency, except to the extent to which
publication of the data and documents would
constitute disclosure of confidential
information in violation of applicable Federal
law;
(E) an estimate of the increases in energy prices,
including potential increases in gasoline or
electricity prices for consumers, that may result from
implementation or enforcement of the rule; and
(F) a detailed description of the employment
effects, including potential job losses and shifts in
employment, that may result from implementation or
enforcement of the rule.
(2) Initial determination on increases and impacts.--The
Secretary, in consultation with the Federal Energy Regulatory
Commission and the Administrator of the Energy Information
Administration, shall prepare an independent analysis to
determine whether the rule will cause any--
(A) increase in energy prices for consumers,
including low-income households, small businesses, and
manufacturers;
(B) impact on fuel diversity of the electricity
generation portfolio of the United States or on
national, regional, or local electric reliability;
(C) adverse effect on energy supply, distribution,
or use due to the economic or technical infeasibility
of implementing the rule; or
(D) other adverse effect on energy supply,
distribution, or use, including a shortfall in supply
and increased use of foreign supplies.
(3) Subsequent determination on adverse effects to the
economy.--If the Secretary determines under paragraph (2) that
the rule will cause an increase, impact, or effect described in
that paragraph, the Secretary, in consultation with the
Administrator, the Secretary of Commerce, the Secretary of
Labor, and the Administrator of the Small Business
Administration, shall--
(A) determine whether the rule will cause
significant adverse effects to the economy, taking into
consideration--
(i) the costs and benefits of the rule and
limitations in calculating the costs and
benefits due to uncertainty, speculation, or
lack of information; and
(ii) the positive and negative impacts of
the rule on economic indicators, including
those related to gross domestic product,
unemployment, wages, consumer prices, and
business and manufacturing activity; and
(B) publish the results of the determination made
under subparagraph (A) in the Federal Register.
SEC. 5. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS.
(a) Definition of Social Cost of Carbon.--In this section, the term
``social cost of carbon'' means--
(1) the social cost of carbon as described in the technical
support document entitled ``Technical Support Document:
Technical Update of the Social Cost of Carbon for Regulatory
Impact Analysis Under Executive Order 12866'', published by the
Interagency Working Group on Social Cost of Carbon, United
States Government, in May 2013 (or any successor or
substantially related document); or
(2) any other estimate of the monetized damages associated
with an incremental increase in carbon dioxide emissions in a
given year.
(b) Prohibition on Use of Social Cost of Carbon in Analysis.--
Notwithstanding any other provision of law or any Executive order, the
Administrator may not use the social cost of carbon to incorporate
social benefits of reducing carbon dioxide emissions, or for any other
reason, in any cost-benefit analysis relating to an energy-related rule
that is estimated to cost more than $1,000,000,000 unless a Federal law
is enacted authorizing the use. | Energy Consumers Relief Act of 2015 This bill requires the Environmental Protection Agency (EPA) to submit a report to Congress and the Department of Energy (DOE) before promulgating a final rule that regulates any aspect of the production, supply, distribution, or use of energy and that is estimated by the EPA or the Office of Management and Budget to impose aggregate costs of more than $1 billion. The report must contain: (1) an estimate of the total costs and benefits of the rule, (2) an estimate of the increases in energy prices that may result from implementation or enforcement of the rule, and (3) a detailed description of the employment effects that may result from implementation or enforcement of the rule. DOE must: (1) prepare an independent analysis to determine whether the rule will cause any increase in energy prices for consumers, any impact on fuel diversity of the nation's electricity generation portfolio or on electric reliability, or any adverse effect on energy supply, distribution, or use; and (2) determine whether the rule will cause significant adverse effects to the economy and publish the determination. The EPA may not promulgate the final rule if DOE determines that the rule will cause significant adverse effects to the economy. The EPA may not use the social cost of carbon in any cost-benefit analysis relating to an energy-related rule estimated to cost more than $1 billion unless a federal law is enacted authorizing such use. The social cost of carbon is an estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. | {"src": "billsum_train", "title": "Energy Consumers Relief Act of 2015"} | 1,434 | 324 | 0.620155 | 1.88949 | 0.742754 | 4.824675 | 4.36039 | 0.935065 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Rental Housing Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) There is a pressing and increasing need for rental
housing for rural families and senior citizens, as evidenced by
the fact that--
(A) two-thirds of extremely low-income and very
low-income rural households do not have access to
affordable rental housing units;
(B) more than 900,000 rural rental households (10.4
percent) live in either severely or moderately
inadequate housing; and
(C) substandard housing is a problem for 547,000
rural renters, and approximately 165,000 rural rental
units are overcrowded.
(2) Many rural United States households live with serious
housing problems, including a lack of basic water and
wastewater services, structural insufficiencies, and
overcrowding, as shown by the fact that--
(A) 28 percent, or 10,400,000, rural households in
the United States live with some kind of serious
housing problem;
(B) approximately 1,000,000 rural renters have
multiple housing problems; and
(C) an estimated 2,600,000 rural households live in
substandard housing with severe structural damage or
without indoor plumbing, heat, or electricity.
(3) In rural America--
(A) one-third of all renters pay more than 30
percent of their income for housing;
(B) 20 percent of rural renters pay more than 50
percent of their income for housing; and
(C) 92 percent of all rural renters with
significant housing problems pay more than 50 percent
of their income for housing costs, and 60 percent pay
more than 70 percent of their income for housing.
(4) Rural economies are often less diverse, and therefore,
jobs and economic opportunity are limited because--
(A) factors that exist in rural environments, such
as remoteness and low population density, lead to
limited access to many forces driving the economy, such
as technology, lending, and investment; and
(B) local expertise is often limited in rural areas
where the economies are focused on farming or natural
resource-based industries.
(5) Rural areas have less access to credit than
metropolitan areas since--
(A) banks and other investors that look for larger
projects with lower risk seek metropolitan areas for
loans and investment;
(B) credit that is available is often insufficient,
leading to the need for interim or bridge financing;
and
(C) credit in rural areas is often more expensive
and available at less favorable terms than in
metropolitan areas.
(6) The Federal Government investment in rural rental
housing has dropped during the last 10 years, as evidenced by
the fact that--
(A) Federal spending for rural rental housing has
been cut by 73 percent since 1994; and
(B) rural rental housing unit production financed
by the Federal Government has been reduced by 88
percent since 1990.
(7) To address the scarcity of rural rental housing, the
Federal Government must work in partnership with State and
local governments, private financial institutions, private
philanthropic institutions, and the private sector, including
nonprofit organizations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible project.--The term ``eligible project'' means
a project for the acquisition, rehabilitation, or construction
of rental housing and related facilities in an eligible rural
area for occupancy by low-income families.
(2) Eligible rural area.--The term ``eligible rural area''
means a rural area with a population of not more than 25,000,
as determined by the most recent decennial census of the United
States, and that is located outside an urbanized area.
(3) Eligible sponsor.--The term ``eligible sponsor'' means
a public agency, an Indian tribe, a for-profit corporation, or
a private nonprofit corporation--
(A) a purpose of which is planning, developing, or
managing housing or community development projects in
rural areas; and
(B) that has a record of accomplishment in housing
or community development and meets other criteria
established by the Secretary by regulation.
(4) Low-income families.--The term ``low-income families''
has the meaning given the term in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(5) Qualified intermediary.--The term ``qualified
intermediary'' means a State, a State agency designated by the
Governor of the State, a public instrumentality of the State, a
private nonprofit community development corporation, a
nonprofit housing corporation, a community development loan
fund, or a community development credit union, that--
(A) has a record of providing technical and
financial assistance for housing and community
development activities in rural areas; and
(B) has a demonstrated technical and financial
capacity to administer assistance made available under
this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) State.--The term ``State'' means each of the several
States of the United States, the Commonwealth of Puerto Rico,
the District of Columbia, the Commonwealth of the Northern
Mariana Islands, Guam, the Virgin Islands, American Samoa, the
Trust Territories of the Pacific, and any other possession of
the United States.
SEC. 4. RURAL RENTAL HOUSING ASSISTANCE.
(a) In General.--The Secretary may, directly or through 1 or more
qualified intermediaries in accordance with section 5, make assistance
available to eligible sponsors in the form of loans, grants, interest
subsidies, annuities, and other forms of financing assistance, to
finance the eligible projects.
(b) Applications.--
(1) In general.--To be eligible to receive assistance under
this section, an eligible sponsor shall submit to the
Secretary, or a qualified intermediary, an application in such
form and containing such information as the Secretary shall
require by regulation.
(2) Affordability restriction.--Each application under this
subsection shall include a certification by the applicant that
the housing to be acquired, rehabilitated, or constructed with
assistance under this section will remain affordable for low-
income families for not less than 30 years.
(c) Priority for Assistance.--In selecting among applicants for
assistance under this section, the Secretary, or a qualified
intermediary, shall give priority to providing assistance to eligible
projects--
(1) for very low-income families (as defined in section
3(b) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)); and
(2) in low-income communities or in communities with a
severe lack of affordable rental housing, in eligible rural
areas, as determined by the Secretary; or
(3) if the applications are submitted by public agencies,
Indian tribes, private nonprofit corporations or limited
dividend corporations in which the general partner is a non-
profit entity whose principal purposes include planning,
developing and managing low-income housing and community
development projects.
(d) Allocation of Assistance.--
(1) In general.--In carrying out this section, the
Secretary shall allocate assistance among the States, taking
into account the incidence of rural substandard housing and
rural poverty in each State and the share of that State of the
national total of such incidence.
(2) Small state minimum.--In making an allocation under
paragraph (1), the Secretary shall provide each state an amount
not less than $2,000,000.
(e) Limitations on Amount of Assistance.--
(1) In general.--Except as provided in paragraph (2),
assistance made available under this Act may not exceed 50
percent of the total cost of the eligible project.
(2) Exception.--Assistance authorized under this Act shall
not exceed 75 percent of the total cost of the eligible
project, if the project is for the acquisition, rehabilitation,
or construction of not more than 20 rental housing units for
use by very low-income families.
SEC. 5. DELEGATION OF AUTHORITY.
(a) In General.--The Secretary may delegate authority for
distribution of assistance--
(1) to one or more qualified intermediaries in the State;
and
(2) for a period of not more than 3 years, at which time
that delegation of authority shall be subject to renewal, in
the discretion of the Secretary, for 1 or more additional
periods of not more than 3 years.
(b) Solicitation.--
(1) In general.--The Secretary may, in the discretion of
the Secretary, solicit applications from qualified
intermediaries for a delegation of authority under this
section.
(2) Contents of application.--Each application under this
subsection shall include--
(A) a certification that the applicant will--
(i) provide matching funds from sources
other than this Act in an amount that is not
less than the amount of assistance provided to
the applicant under this section; and
(ii) distribute assistance to eligible
sponsors in the State in accordance with
section 4; and
(B) a description of--
(i) the State or the area within a State to
be served;
(ii) the incidence of poverty and
substandard housing in the State or area to be
served;
(iii) the technical and financial
qualifications of the applicant; and
(iv) the assistance sought and a proposed
plan for the distribution of such assistance in
accordance with section 4.
(3) Multistate applications.--The Secretary may, in the
discretion of the Secretary, seek application by qualified
intermediaries for more than 1 State.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$250,000,000 for each of fiscal years 2002 through 2006. | Rural Rental Housing Act of 2001 - Authorizes the Secretary of Agriculture, directly or through specified intermediaries, to provide rural rental housing assistance. Gives priority to very low-income families, low-income communities, communities lacking affordable rental housing, or certain other applicants. | {"src": "billsum_train", "title": "A bill to promote the development of affordable, quality rental housing in rural areas for low-income households."} | 2,067 | 57 | 0.515853 | 1.357792 | 0.903463 | 3.137255 | 39 | 0.901961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transitional Housing Assistance for
Victims of Domestic Violence Act of 2002''.
SEC. 2. TRANSITIONAL HOUSING ASSISTANCE GRANTS.
The Attorney General, in consultation with the Secretary of Housing
and Urban Development and the Secretary of Health and Human Services,
shall award grants under this Act to organizations, States, units of
local government, and Indian tribes (referred to in this Act as the
``recipient'') to carry out programs to provide assistance to
individuals, and the dependents of individuals--
(1) who are homeless or in need of transitional housing or
other housing assistance as a result of fleeing a situation of
domestic violence; and
(2) for whom emergency shelter services or other crisis
intervention services are unavailable or insufficient.
SEC. 3. TYPES OF ASSISTANCE.
Grants awarded under this Act may be used for programs that
provide--
(1) short-term housing assistance, including rental or
utilities payments assistance and assistance with related
expenses such as payment of security deposits and other costs
incidental to relocation to transitional housing for persons
described in section 2; and
(2) support services designed to enable an individual, or
dependent of an individual, who is fleeing a situation of
domestic violence to--
(A) locate and secure permanent housing; and
(B) integrate into a community by providing that
individual or dependent with services, such as
transportation, counseling, child care services, case
management, employment counseling, and other
assistance.
SEC. 4. DURATION.
(a) In General.--Except as provided in subsection (b), an
individual, or dependent of an individual, who receives assistance
under this Act shall receive that assistance for not more than 18
months.
(b) Waiver.--The recipient of a grant under this Act may waive the
restriction under subsection (a) for not more than an additional 6
month period with respect to any individual, or dependent of an
individual, who--
(1) has made a good-faith effort to acquire permanent
housing; and
(2) has been unable to acquire permanent housing.
SEC. 5. APPLICATION.
(a) In General.--Each eligible entity desiring a grant under this
Act shall submit an application to the Attorney General at such time,
in such manner, and accompanied by such information as the Attorney
General may reasonably require.
(b) Contents.--Each application submitted pursuant to subsection
(a) shall--
(1) describe the activities for which assistance under this
Act is sought; and
(2) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance with
the requirements of this Act.
(c) Application.--Nothing in this section shall be construed to
require--
(1) victims to participate in the criminal justice system
in order to receive services; or
(2) domestic violence advocates to breach client
confidentiality.
SEC. 6. REPORTS.
(a) Report to the Attorney General.--
(1) In general.--A recipient of a grant under this Act
shall annually prepare and submit to the Attorney General a
report describing--
(A) the number of individuals and dependents
assisted under this Act; and
(B) the types of housing assistance and support
services provided under this Act.
(2) Contents.--Each report prepared and submitted under
paragraph (1) shall include information regarding--
(A) the amount of housing assistance provided to
each individual, or dependent of an individual,
assisted under this Act and the reason for that
assistance;
(B) the number of months each individual, or
dependent of an individual, received assistance under
this Act;
(C) the number of individuals and dependents of
those individuals who--
(i) were eligible to receive assistance
under this Act; and
(ii) were not provided with assistance
under this Act solely due to a lack of
available housing; and
(D) the type of support services provided to each
individual, or dependent of an individual, assisted
under this Act.
(b) Report to Congress.--The Attorney General shall annually
prepare and submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
report that contains a compilation of the information contained in the
report submitted under subsection (a).
(c) Availability of Report.--In order to coordinate efforts to
assist the victims of domestic violence, the Attorney General shall
transmit a copy of the report submitted under subsection (b) to--
(1) the Office of Community Planning and Development at the
United States Department of Housing and Urban Development; and
(2) the Office of Women's Health at the United States
Department of Health and Human Services.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $30,000,000 for each of fiscal years 2003 through 2006.
(b) Limitations.--Of the amount made available to carry out this
Act in any fiscal year, not more than 3 percent may be used by the
Attorney General for salaries and administrative expenses.
(c) Minimum Amount.--
(1) In general.--Except as provided in paragraph (2),
unless all eligible applications submitted by any States, units
of local government, Indian tribes, or organizations within a
State for a grant under this Act have been funded, that State,
together with the grantees within the State (other than Indian
tribes), shall be allocated in each fiscal year, not less than
.75 percent of the total amount appropriated in the fiscal year
for grants pursuant to this Act.
(2) Exception.--The United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands shall each be
allocated .25 percent of the total amount appropriated in the
fiscal year for grants pursuant to this Act. | Transitional Housing Assistance for Victims of Domestic Violence Act of 2002 - Directs the Attorney General to make grants to State and local governments, Indian tribes, and organizations to provide transitional housing and related support services (18-month maximum with a six-month extension) to individuals and dependents: (1) who are homeless as a result of domestic violence; and (2) for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. | {"src": "billsum_train", "title": "A bill to provide transitional housing assistance for victims of domestic violence."} | 1,261 | 94 | 0.628152 | 1.633219 | 1.142534 | 4.275862 | 13.91954 | 0.91954 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Child Savings
Account Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
TITLE I--SAVINGS INCENTIVES FOR AMERICA'S CHILDREN
SEC. 101. ESTABLISHMENT OF CHILD SAVINGS ACCOUNTS WITHIN ROTH IRAS.
(a) In General.--Section 408A (relating to Roth IRAs) is amended by
adding at the end the following new subsection:
``(g) Child Savings Account.--
``(1) In general.--If the individual on whose behalf a Roth
IRA was established has not attained the age of 17 before the
close of any calendar year--
``(A) the Roth IRA shall be treated as a Child
Savings Account for the taxable year, and
``(B) this section shall be applied to the Roth IRA
for the taxable year with the modifications provided in
paragraphs (2) and (3).
``(2) Waiver of earned income requirement.--For purposes of
subsection (c)(2)(A), the maximum amount allowable as a
deduction under section 219 shall be computed without regard to
the compensation limitation of section 219(b)(1)(B).
``(3) Rollover where account holder dies before age 30.--If
an individual on whose behalf a Roth IRA was established dies
before attaining the age of 30--
``(A) the transfer of the individual's interest in
a Roth IRA to a member of the individual's family
(within the meaning of section 529(e)(2)) shall not be
considered a taxable transfer for purposes of this
title, and
``(B) such interest shall, on and after the date of
the transfer, be treated as a Roth IRA maintained for
the benefit of the family member and not of the
individual.''
(b) Conforming Amendments.--
(1) Section 408(a)(1) is amended by striking ``or
403(b)(8)'' and inserting ``, 403(b)(8), or 408A(g)(3)''.
(2) Section 408(d)(3)(C)(ii)(II) is amended by inserting
``or in the case of a Roth IRA, a member of the same family of
such other individual''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 102. ADDITIONAL CHILD CREDIT FOR CONTRIBUTIONS TO CHILD SAVINGS
ACCOUNTS BY TAXPAYERS NOT ELIGIBLE FOR ENTIRE CHILD
CREDIT.
(a) In General.--Section 24 (relating to child tax credit) is
amended by adding at the end the following new subsection:
``(g) Additional Refundable Credit for Contributions to Child
Savings Accounts.--
``(1) In general.--The aggregate credits allowed under
subpart C shall be increased by the lesser of--
``(A) the credit which would be allowed under this
section without regard to this subsection and
subsection (d) and the limitation under section 26(a),
or
``(B) the amount of the contributions to child
savings accounts of qualifying children of the taxpayer
for the taxable year to the extent such contributions
do not exceed $100 multiplied by the number of
qualifying children.
``(2) Limitation.--In no event shall the amount of the
increase under paragraph (1) exceed--
``(A) the aggregate amount of credits allowed by
this subpart in excess of the limitation imposed by
section 26(a), reduced by
``(B) any additional credits allowed by subsection
(d).
``(3) Coordination.--The credit under this subsection shall
not be taken into account in applying subsection (d) and
section 32(n) (relating to supplemental child credit).''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1999.
SEC. 103. TAX-FREE DISTRIBUTIONS FOR ELEMENTARY, SECONDARY, AND COLLEGE
EDUCATION.
(a) In General.--Section 408A(d)(5) (defining qualified special
purpose distribution) is amended to read as follows:
``(5) Qualified special purpose distribution.--For purposes
of this section--
``(A) In general.--The term `qualified special
purpose distribution' means any of the following
distributions:
``(i) Distributions described in
subparagraph (F) of section 72(t)(2) (relating
to first home purchases).
``(ii) Distributions to the extent such
distributions do not exceed the qualified
education expenses of the taxpayer for the
taxable year.
``(B) Qualified education expenses.--
``(i) In general.--The term `qualified
education expenses' means--
``(I) qualified higher education
expenses (as defined in section
72(t)(7)),
``(II) qualified elementary and
secondary education expenses, and
``(III) amounts paid or incurred
during the taxable year to purchase
tuition credits or certificates, or to
make contributions to an account, under
a qualified State tuition program (as
defined in section 529(b)) for the
benefit of the beneficiary of the
account, the beneficiary's spouse, or
any child (as defined in section
151(c)(3)) or grandchild of the
beneficiary or spouse.
``(ii) Limitation.--The aggregate amount
treated as qualified education expenses for any
taxable year shall not exceed an amount equal
to the excess (if any) of--
``(I) ____ percent of the fair
market value of the assets in the Roth
IRA as of the close of the calendar
year preceding the calendar year in
which the taxable year begins, over
``(II) distributions described in
subparagraph (F) of section 72(t)(2)
(relating to first home purchases) for
the taxable year.
``(C) 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, books, supplies, computer
equipment (including related software
and services), and other equipment
which are incurred in connection with
the enrollment or attendance of the
designated beneficiary of the trust, or
of the child or grandchild of the
beneficiary of the account or
beneficiary's spouse, as an elementary
or secondary school student at a
public, private, or religious school,
or
``(II) expenses for room and board,
uniforms, transportation, and
supplementary items and services
(including extended day programs) which
are required or provided by a public,
private, or religious school in
connection with such enrollment or
attendance.
``(ii) Special rule for home-
schooling.--Such term shall include expenses
described in clause (i) required for education
provided for homeschooling if the requirements
of any applicable State or local law are met
with respect to such education.
``(iii) School.--The term `school' means
any school which provides elementary education
or secondary education (kindergarten through
grade 12), as determined under State law.''
(b) Additional Tax Not To Apply to Education Expenses.--Section
72(t)(2) is amended by adding at the end the following new
subparagraph:
``(G) Certain education expenses in case of a roth
ira.--Distributions to an individual from a Roth IRA
which are described in subclause (II) or (III) of
section 408A(d)(5)(B)(i). Distributions shall not be
taken into account under the preceding sentence if such
distributions are described in subparagraphs (A), (C),
(D), (E), or (F) or to the extent paragraph (1) does
not apply to such distributions by reason of
subparagraph (B).
(c) Repeal of Education IRAs.--
(1) In general.--Section 530 (relating to education
individual retirement accounts) is repealed.
(2) Conforming amendments.--
(A) Section 25A(e) is amended to read as follows:
``(e) Election To Have Section Apply.--No credit shall be allowed
under subsection (a) for a taxable year with respect to the qualified
and tuition-related expenses of an individual unless the taxpayer
elects to have this section apply to the individual for the taxable
year.''
(B) Section 26(b)(2) is amended by striking
subparagraph (E) and by redesignating subparagraphs (F)
through (Q) as subparagraphs (E) through (P),
respectively.
(C) Section 72(e)(9) is amended to read as follows:
``(9) Extension of paragraph (2)(b) to qualified state
tuition programs.--Notwithstanding any other provision of this
subsection, paragraph (2)(B) shall apply to amounts received
under a qualified State tuition program (as defined in section
529(b)). The rule of paragraph (8)(B) shall apply for purposes
of this paragraph.''
(D) Section 135(c)(2)(C) is amended--
(i) by striking ``, or to an education
individual retirement account (as defined in
section 530) on behalf of an account
beneficiary,'', and
(ii) by striking ``and education individual
retirement accounts'' in the heading thereof.
(E) Section 135(d)(2) is amended by striking ``by--
'' and all that follows and inserting ``by the amount
of such expenses which are taken into account in
determining the credit allowable to the taxpayer or any
other person under section 25A with respect to such
expenses.''
(F) Section 221(e)(2)(A) is amended by striking ``,
135, or 530'' and inserting ``or 135''.
(G) Section 4973(a) is amended by inserting ``or''
at the end of paragraph (2), by striking ``or'' at the
end of paragraph (3), and by striking paragraph (4).
(H) Section 4973 is amended by striking subsection
(e) and by redesignating subsection (f) as subsection
(e).
(I) Section 4975(c) is amended by striking
paragraph (5).
(J) Section 4975(e)(1) is amended by inserting
``or'' at the end of subparagraph (D), by striking
subparagraph (E), and by redesignating subparagraph (F)
as subparagraph (E).
(K) Section 6693(a)(2) is amended by inserting
``and'' at the end of subparagraph (B), by striking ``,
and'' at the end of subparagraph (C) and inserting a
period, and by striking subparagraph (D).
(L) The table of sections for part VIII of
subchapter F of chapter 1 is amended by striking the
item relating to section 530.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to contributions for taxable years beginning after
December 31, 1999 (and earnings allocable thereto).
(2) Rollovers from education iras to roth iras.--For
purposes of section 530(d)(5) of the Internal Revenue Code of
1986 (as in effect before its repeal by this section), any
amount received from an education individual retirement account
which is paid into a Roth IRA within the prescribed time shall
be treated as if it were paid into another education individual
retirement account.
TITLE II--EXPANSION OF AVAILABILITY OF IRAS
SEC. 201. INFLATION ADJUSTMENT FOR DEDUCTIBLE AMOUNT.
(a) In General.--Section 219 is amended by redesignating subsection
(h) as subsection (i) and by inserting after subsection (g) the
following new subsection:
``(h) Cost-of-Living Adjustments.--In the case of any taxable year
beginning in a calendar year after 1998, the $2,000 amount under
subsection (b)(1)(A) shall be increased by an amount equal to the
product of $2,000 and the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year begins,
except that subparagraph (B) thereof shall be applied by substituting
`1998' for `1992'. If the amount to which $2,000 would be increased
under the preceding sentence is not a multiple of $500, such amount
shall be rounded to the next lower multiple of $500.''
(b) Conforming Amendments.--
(1) Section 408(a)(1) is amended by striking ``in excess of
$2,000 on behalf of any individual'' and inserting ``on behalf
of any individual in excess of the amount in effect for such
taxable year under section 219(b)(1)(A)''.
(2) Section 408(b)(2)(B) is amended by striking ``$2,000''
and inserting ``the dollar amount in effect under section
219(b)(1)(A)''.
(3) Section 408(b) is amended by striking ``$2,000'' in the
matter following paragraph (4) and inserting ``the dollar
amount in effect under section 219(b)(1)(A)''.
(4) Section 408(j) is amended by striking ``$2,000''.
(5) Section 408(p)(8) is amended by striking ``$2,000'' and
inserting ``the dollar amount in effect under section
219(b)(1)(A)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 202. REPEAL OF ADJUSTED GROSS INCOME LIMITATIONS ON CONTRIBUTIONS
AND ROLLOVERS TO ROTH IRAS.
(a) In General.--Section 408A(c) is amended by striking paragraph
(3) and by redesignating paragraphs (4) through (7) as paragraphs (3)
through (6), respectively.
(b) Repeal of Nondeductible Contributions.--
(1) Subsection (f) of section 219 is amended by striking
paragraph (7).
(2) Paragraph (5) of section 408(d) is amended by striking
the last sentence.
(3) Section 408(o) is amended by adding at the end the
following new paragraph:
``(5) Termination.--This subsection shall not apply to any
designated nondeductible contribution for any taxable year
beginning after December 31, 1999.''
(4) Subsection (b) of section 4973 is amended by striking
the last sentence.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999. | Title II: Expansion of Availability of IRAs
- Provides for an inflation adjustment to the IRA deductible amount. Repeals the adjusted gross limitation on contributions and rollovers to Roth IRAs. | {"src": "billsum_train", "title": "Child Savings Account Act"} | 3,451 | 49 | 0.525454 | 1.133108 | 0.454281 | 2.882353 | 87.382353 | 0.941176 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Newborn Screening
Saves Lives Reauthorization Act of 2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Improved newborn and child screening and followup for heritable
disorders.
Sec. 3. Evaluating the effectiveness of newborn and child screening and
followup programs.
Sec. 4. Advisory Committee on Heritable Disorders in Newborns and
Children.
Sec. 5. Clearinghouse of Newborn Screening Information.
Sec. 6. Laboratory quality and surveillance.
Sec. 7. Interagency Coordinating Committee on Newborn and Child
Screening.
Sec. 8. National contingency plan for newborn screening.
Sec. 9. Hunter Kelly Research Program.
Sec. 10. Authorization of appropriations.
Sec. 11. Reports to Congress.
Sec. 12. Informed consent for newborn screening research.
SEC. 2. IMPROVED NEWBORN AND CHILD SCREENING AND FOLLOWUP FOR HERITABLE
DISORDERS.
Section 1109 of the Public Health Service Act (42 U.S.C. 300b-8) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``subsection (j)'' and inserting
``section 1117''; and
(ii) by striking ``and in consultation with the
Advisory Committee'' and inserting ``and taking into
consideration the expertise of the Advisory Committee'';
(B) by amending paragraph (2) to read as follows:
``(2) to assist in providing health care professionals and
newborn screening laboratory personnel with education in newborn
screening, counseling, and training in--
``(A) relevant and new technologies in newborn screening
and congenital, genetic, and metabolic disorders;
``(B) the importance of the timeliness of collection,
delivery, receipt, and screening of specimens; and
``(C) sharing of medical and diagnostic information with
providers and families;'';
(C) in paragraph (3), by striking ``and'' at the end;
(D) in paragraph (4)--
(i) by striking ``treatment'' and inserting ``followup
and treatment''; and
(ii) by striking the period and inserting ``; and'';
and
(E) by adding at the end the following:
``(5) to improve the timeliness of--
``(A) the collection, delivery, receipt, and screening of
specimens; and
``(B) the diagnosis of heritable disorders in newborns.'';
(2) in subsection (c), by striking ``application submitted for
a grant under subsection (a)(1)'' and inserting ``application for a
grant under this section'';
(3) in subsection (h), by striking ``application submitted
under subsection (c)(2)'' each place it appears and inserting
``application for a grant under this section''; and
(4) by striking subsection (j) (relating to authorization of
appropriations).
SEC. 3. EVALUATING THE EFFECTIVENESS OF NEWBORN AND CHILD SCREENING AND
FOLLOWUP PROGRAMS.
Section 1110 of the Public Health Service Act (42 U.S.C. 300b-9) is
amended--
(1) in the section heading, by inserting ``and followup'' after
``child screening'';
(2) in subsection (a), by striking ``of screening,'' and
inserting ``, including with respect to timeliness, of screening,
followup,'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``counseling, testing'' and inserting
``treatment, counseling, testing, followup,''; and
(ii) by inserting before the semicolon the following:
``, including, as appropriate, through the assessment of
health and development outcomes for such children through
adolescence'';
(B) in paragraph (2)--
(i) by striking ``counseling, testing'' and inserting
``treatment, counseling, testing, followup,'';
(ii) by inserting ``in a timely manner'' after ``in
newborns and children''; and
(iii) by striking ``or'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(4) methods that may be identified to improve quality in the
diagnosis, treatment, and disease management of heritable disorders
based on gaps in services or care; or
``(5) methods or best practices by which the eligible entities
described in section 1109 can achieve in a timely manner--
``(A) collection, delivery, receipt, and screening of
newborn screening specimens; and
``(B) diagnosis of heritable disorders in newborns.''; and
(4) by striking subsection (d) (relating to authorization of
appropriations).
SEC. 4. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND
CHILDREN.
Section 1111 of the Public Health Service Act (42 U.S.C. 300b-10)
is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (6) through (8), respectively;
(B) by inserting after paragraph (3), the following:
``(4) provide technical assistance, as appropriate, to
individuals and organizations regarding the submission of
nominations to the uniform screening panel, including prior to the
submission of such nominations;
``(5) take appropriate steps, at its discretion, to prepare for
the review of nominations prior to their submission, including for
conditions for which a screening method has been validated but
other nomination criteria are not yet met, in order to facilitate
timely action by the Advisory Committee once such submission has
been received by the Committee;'';
(C) in paragraph (6) (as so redesignated), by inserting ``,
including the cost'' after ``public health impact''; and
(D) in paragraph (8) (as so redesignated)--
(i) in subparagraph (A), by striking ``achieve rapid
diagnosis'' and inserting ``achieve best practices in rapid
diagnosis and appropriate treatment'';
(ii) in subparagraph (D), by inserting before the
semicolon ``, including information on cost and
incidence'';
(iii) in subparagraph (J), by striking ``and'' at the
end;
(iv) in subparagraph (K), by striking the period and
inserting ``; and''; and
(v) by adding at the end the following:
``(L) the timeliness of collection, delivery, receipt, and
screening of specimens to be tested for heritable disorders in
newborns in order to ensure rapid diagnosis and followup.'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``180'' and inserting ``120''; and
(ii) by adding at the end the following: ``If the
Secretary is unable to make a determination to adopt or
reject such recommendation within such 120-day period, the
Secretary shall notify the Advisory Committee and the
appropriate committees of Congress of such determination
together with an explanation for why the Secretary was
unable to comply within such 120-day period, as well as a
plan of action for consideration of such pending
recommendation.'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2); and
(D) by adding at the end the following:
``(3) Deadline for review.--For each condition nominated to be
added to the recommended uniform screening panel in accordance with
the requirements of this section, the Advisory Committee shall
review and vote on the nominated condition within 9 months of the
date on which the Advisory Committee referred the nominated
condition to the condition review workgroup.'';
(3) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively;
(4) by inserting after subsection (e) the following new
subsection:
``(f) Meetings.--The Advisory Committee shall meet at least 4 times
each calendar year, or at the discretion of the Designated Federal
Officer in consultation with the Chair.'';
(5) by amending subsection (g) (as so redesignated) to read as
follows:
``(g) Continuation of Operation of Committee.--
``(1) In general.--Notwithstanding section 14 of the Federal
Advisory Committee Act, the Advisory Committee shall continue to
operate through the end of fiscal year 2019.
``(2) Continuation if not reauthorized.--If at the end of
fiscal year 2019 the duration of the Advisory Committee has not
been extended by statute, the Advisory Committee may be deemed, for
purposes of the Federal Advisory Committee Act, an advisory
committee established by the President or an officer of the Federal
Government under section 9(a) of such Act.''; and
(6) by striking subsection (h) (relating to authorization of
appropriations), as redesignated by paragraph (3).
SEC. 5. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION.
Section 1112 of the Public Health Service Act (42 U.S.C. 300b-11)
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3)--
(i) by striking ``data'' and inserting ``information'';
and
(ii) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) maintain current information on the number of conditions
for which screening is conducted in each State; and
``(5) disseminate available evidence-based guidelines related
to diagnosis, counseling, and treatment with respect to conditions
detected by newborn screening.'';
(2) in subsection (b)(4)(D), by striking ``Newborn Screening
Saves Lives Act of 2008'' and inserting ``Newborn Screening Saves
Lives Reauthorization Act of 2014'';
(3) in subsection (c)--
(A) by striking ``developing the clearinghouse'' and
inserting ``carrying out activities''; and
(B) by striking ``clearinghouse minimizes duplication and
supplements, not supplants'' and inserting ``activities
minimize duplication and supplement, not supplant''; and
(4) by striking subsection (d) (relating to authorization of
appropriations).
SEC. 6. LABORATORY QUALITY AND SURVEILLANCE.
Section 1113 of the Public Health Service Act (42 U.S.C. 300b-12)
is amended--
(1) in the section heading, by inserting ``and surveillance''
before the period;
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``and in consultation with the Advisory Committee'' and
inserting ``and taking into consideration the expertise of the
Advisory Committee''; and
(B) in paragraph (1), by inserting ``timeliness for
processing such tests,'' after ``newborn-screening tests,'';
and
(3) by striking subsection (b) (relating to authorization of
appropriations) and inserting the following:
``(b) Surveillance Activities.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, and taking
into consideration the expertise of the Advisory Committee on Heritable
Disorders in Newborns and Children established under section 1111, may
provide, as appropriate, for the coordination of surveillance
activities, including--
``(1) through standardized data collection and reporting, as
well as the use of electronic health records; and
``(2) by promoting data sharing regarding newborn screening
with State-based birth defects and developmental disabilities
monitoring programs.''.
SEC. 7. INTERAGENCY COORDINATING COMMITTEE ON NEWBORN AND CHILD
SCREENING.
Section 1114 of the Public Health Service Act (42 U.S.C. 300b-13)
is amended--
(1) in subsection (c), by striking ``the Administrator, the
Director of the Agency for Healthcare Research and Quality,'' and
inserting ``the Administrator of the Health Resources and Services
Administration, the Director of the Agency for Healthcare Research
and Quality, the Commissioner of Food and Drugs,''; and
(2) by striking subsection (e) (relating to authorization of
appropriations).
SEC. 8. NATIONAL CONTINGENCY PLAN FOR NEWBORN SCREENING.
Section 1115(a) of the Public Health Service Act (42 U.S.C. 300b-
14(a)) is amended--
(1) by striking ``consortia'' and inserting ``consortium''; and
(2) by adding at the end the following: ``The plan shall be
updated as needed and at least every five years.''.
SEC. 9. HUNTER KELLY RESEARCH PROGRAM.
Section 1116 of the Public Health Service Act (42 U.S.C. 300b-15)
is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (C) as subparagraph (E);
and
(C) by inserting after subparagraph (B) the following:
``(C) providing research findings and data for newborn
conditions under review by the Advisory Committee on Heritable
Disorders in Newborns and Children to be added to the
recommended uniform screening panel;
``(D) conducting pilot studies on conditions recommended by
the Advisory Committee on Heritable Disorders in Newborns and
Children to ensure that screenings are ready for nationwide
implementation; and''; and
(2) in subsection (c), by striking ``of the National Institutes
of Health Reform Act of 2006''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Part A of title XI of the Public Health Service Act (42 U.S.C.
300b-1 et seq.) is amended by adding at the end, the following:
``SEC. 1117. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING
PROGRAMS AND ACTIVITIES.
``There are authorized to be appropriated--
``(1) to carry out sections 1109, 1110, 1111, and 1112,
$11,900,000 for each of fiscal years 2015 through 2019; and
``(2) to carry out section 1113, $8,000,000 for each of fiscal
years 2015 through 2019.''.
SEC. 11. REPORTS TO CONGRESS.
(a) GAO Report on Timeliness of Newborn Screening.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives concerning the timeliness of
screening for heritable disorders in newborns.
(2) Contents.--The report submitted under paragraph (1) shall
include the following:
(A) An analysis of information regarding the timeliness of
newborn screening, which may include the time elapsed from
birth to specimen collection, specimen collection to receipt by
laboratory, specimen receipt to reporting, reporting to
followup testing, and followup testing to confirmed diagnosis.
(B) A summary of any guidelines, recommendations, or best
practices available to States and health care providers
intended to support a timely newborn screening system.
(C) An analysis of any barriers to maintaining a timely
newborn screening system which may exist and recommendations
for addressing such barriers.
(b) Report by Secretary.--
(1) In general.--The Secretary of Health and Human Services
shall--
(A) not later than 1 year after the date of enactment of
this Act, submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on activities
related to--
(i) newborn screening; and
(ii) screening children who have or are at risk for
heritable disorders; and
(B) not less than every 2 years, submit to such committees
an updated version of such report.
(2) Contents.--The report submitted under this subsection shall
contain a description of--
(A) the ongoing activities under sections 1109, 1110, and
1112 through 1115 of the Public Health Service Act; and
(B) the amounts expended on such activities.
SEC. 12. INFORMED CONSENT FOR NEWBORN SCREENING RESEARCH.
(a) In General.--Research on newborn dried blood spots shall be
considered research carried out on human subjects meeting the
definition of section 46.102(f)(2) of title 45, Code of Federal
Regulations, for purposes of Federally funded research conducted
pursuant to the Public Health Service Act until such time as updates to
the Federal Policy for the Protection of Human Subjects (the Common
Rule) are promulgated pursuant to subsection (c). For purposes of this
subsection, sections 46.116(c) and 46.116(d) of title 45, Code of
Federal Regulations, shall not apply.
(b) Effective Date.--Subsection (a) shall apply only to newborn
dried blood spots used for purposes of Federally funded research that
were collected not earlier than 90 days after the date of enactment of
this Act.
(c) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
promulgate proposed regulations related to the updating of the Federal
Policy for the Protection of Human Subjects (the Common Rule),
particularly with respect to informed consent. Not later than 2 years
after such date of enactment, the Secretary shall promulgate final
regulations based on such proposed regulations.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 8, 2014. Newborn Screening Saves Lives Reauthorization Act of 2014 - (Sec. 2) Amends the Public Health Service Act to revise and extend through FY2019 a grant program for screening, counseling, and other services related to heritable disorders that can be detected in newborns. Allows grants to be used to improve timeliness of newborn screening and provide training to health care professionals on the importance of timely screening and on the sharing of medical and diagnostic information with providers and families. (Sec. 3) Extends through FY2019 a grant program to evaluate the effectiveness of screening, counseling, or health care services in reducing the morbidity and mortality caused by heritable disorders in newborns and children. Expands the program to include evaluation of health outcomes through adolescence and best practices for timely screening of newborns. (Sec. 4) Extends for five years the operation of the Advisory Committee on Heritable Disorders in Newborns and Children. Authorizes the Secretary of Health and Human Services (HHS) to continue the Advisory Committee after such time. (Sec. 5) Extends through FY2019 the clearinghouse for newborn screening information. Expands the duties of the clearinghouse to include: (1) maintaining current information on the number of conditions for which screening is conducted in each state; and (2) disseminating guidelines for diagnosis, counseling, and treatment of conditions detected by newborn screening. (Sec. 6) Extends through FY2019 requirements for the Director of the Centers for Disease Control and Prevention (CDC) to provide for quality assurance of laboratories involved in screening newborns and children for heritable disorders. Authorizes the Director to coordinate surveillance activities, including through standardized data collection and reporting and electronic health records. (Sec. 7) Makes permanent the Interagency Coordinating Committee on Newborn and Child Screening. Adds the Administrator of the Health Resources and Services Administration and the Commissioner of Food and Drugs (FDA) to this committee. (Sec. 8) Requires the Director to update the national contingency plan for newborn screening at least every five years. (Sec. 9) Authorizes the Secretary to expand the Hunter Kelly Newborn Screening Research Program to: (1) provide research and data for newborn conditions under review by the Advisory Committee to be added to the Recommended Uniform Screening Panel, and (2) conduct pilot studies on conditions recommended by the Advisory Committee to ensure that screenings are ready for nationwide implementation. (Sec. 11) Requires the Comptroller General (GAO) to report on the timeliness of newborn screening. Requires the Secretary to report on newborn screening activities and expenditures. (Sec. 12) Directs HHS to update the Federal Policy for the Protection of Human Subjects, also known as the Common Rule, not later than two years after enactment of this Act. Applies the following provisions until HHS updates the Common Rule: requires federally funded research on newborn dried blood spots to be considered research on human subjects (which requires the informed consent of the subject), and eliminates the ability of an institutional review board to waive informed consent requirements for research on newborn dried blood spots. | {"src": "billsum_train", "title": "Newborn Screening Saves Lives Reauthorization Act of 2014"} | 4,116 | 722 | 0.646432 | 2.056712 | 0.815585 | 3.05 | 6.211667 | 0.883333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Finance Improvements Act
of 2010''.
SEC. 2. CERTIFICATION OF COST OF FINANCING OF MUNICIPAL OBLIGATIONS.
(a) In General.--Section 149 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Certification of Cost of Financing.--
``(1) In general.--Section 103(a) shall not apply to any
State or local bond issuance, including any private activity
bond issuance, unless, with respect to the issue of which such
bond is a part, the requirements of paragraph (2) are met.
``(2) Optimal bond financing certification requirement.--
The requirements of this paragraph are met with respect to an
issue if the issuer of such bonds has received an optimal bond
financing certification not later than the date such issue is
originally issued.
``(3) Optimal bond financing certification.--For purposes
of this subsection--
``(A) In general.--The term `optimal bond financing
certification' means a written statement by an
independent qualified financial adviser which--
``(i) certifies that, in the opinion of an
independent qualified financial adviser, the
fees associated with the issuance and the
aggregate interest cost to such issuer with
respect to such bonds are reasonable compared
with fees and interest rate cost available in
the financial marketplace in which such bonds
may be sold, without materially increasing the
risks to the issuer or bond obligors, and
``(ii) details the reasons supporting the
certification described in subparagraph (A)
(including the effect the selected legal
structure has on the aggregate interest cost).
``(B) Qualified independent financial advisor.--
``(i) In general.--The term `qualified
independent financial advisor' means an
individual who--
``(I) has the professional
qualifications required to advise the
issuer of such bond as to the financial
cost of such issue and the appropriate
legal structures and financing
alternatives for optimization of the
cost of such issue, and
``(II) has a legal fiduciary duty
to the issuer (whether under common
law, or otherwise), which includes the
duty to advise without regard to the
financial or other interest of the
individual.
``(ii) Related or interested parties
excluded.--For purposes of this subparagraph,
an individual shall not be treated as an
independent qualified financial adviser if--
``(I) such adviser is, is employed
by, or is employed by any person who is
owned (directly or indirectly) by, the
underwriter of such bond,
``(II) such adviser is providing
any other financial advice with respect
to the issuance of such bond for which
such advisor is receiving remuneration
(or is employed by, or is employed by
any person who is owned (directly or
indirectly) by, such a person), or
``(III) the remuneration of such
adviser is contingent, directly or
indirectly, on the issuance of such
issue.
``(iii) Special rule for employees of state
or local government.--An individual shall not
fail to be treated as qualified independent
financial advisor solely by reason of being an
employee of the State or local government with
respect to which the bond is being issued.
``(4) Optimal bond financing certification.--The issuer of
any State or local bond issuance shall make publicly available
the optimal bond financing certification with respect to such
issuance.
``(5) Callable bonds.--
``(A) In general.--A callable State or local bond
issue shall not be treated as continuing to meet the
requirements of paragraph (2) unless the issuer of such
bonds has reasonably determined as of the first date on
which outstanding bonds may be called, and annually
thereafter, that exercising such right to call such
bonds and refunding such bonds will not result in a
substantial economic savings to the issuer, or private
activity user, of such bonds in the marketplace in
which such bonds would be called and refunded.
``(B) Callable state or local bond.--For purposes
of this paragraph, the term `callable State or local
bond issue' means a bond issue which provides for a
presently exercisable optional right to the issuer, or
private activity user of the proceeds, of such bonds to
retire all or part of such bonds at a stated date, but
only if the remaining term to original maturity of such
bonds is more than 23 months after the date that such
optional right is first exercisable, with or without
the payment of any premium to the holders of such
bonds.
``(6) Tax credit bonds.--For purposes of this subsection,
the term `State or local bond' shall include any tax credit
bond (as defined in section 853A(e)(1)(A)).''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to obligations
issued after the date of the enactment of this Act.
(2) Callable bonds.--In the case of callable obligations
originally issued or refunded before the date of the enactment
of this Act, the amendments made by this section shall apply to
any such obligation that may be called, in whole or in part,
before, on, or after the date of the enactment of this Act.
SEC. 3. SMALL ISSUER CREDIT.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 6433. SMALL ISSUER CREDIT.
``(a) In General.--In the case of bond issued by a small issuer,
such issuer shall be allowed as a credit with respect to such bond an
amount equal to 0.05 percent of the principle amount of such bond which
shall be payable by the Secretary as provided in subsection (b).
``(b) Payment of Credit.--The Secretary shall pay to such issuer
the amount of the credit determined under subsection (a) on such date
as the Secretary can reasonably determine such issuer is a small issuer
for the calendar year.
``(c) Small Issuer.--For purposes of this section--
``(1) In general.--The term `small issuer' means, with
respect to any calendar year, any issuer if the aggregate face
amount of all tax-exempt bonds (other than private activity
bonds) issued by such issuer during such calendar year does not
exceed $50,000,000.
``(2) Certain refunding bonds not taken into account in
determining small issuer status.--There shall not be taken into
account under paragraph (1) any bond issued to refund (other
than to advance refund) any bond to the extent the amount of
the refunding bond does not exceed the outstanding amount of
the refunded bond.''.
(b) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 of such Code is amended by adding at the end the following
new item:
``Sec. 6433. Small issuer credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act. | Municipal Finance Improvements Act of 2010 - Amends the Internal Revenue Code to require the issuer of a tax-exempt state or local bond to obtain an optimal bond financing certification. Defines "optimal bond financing certification" as a written statement by an independent qualified financial advisor that the issuance fees and aggregate interest cost to the bond issuer are reasonable without materially increasing the risks to the issuer or bond obligors.
Allows a tax credit for small issuers of tax-exempt bonds. Defines a "small issuer" as any issuer of tax-exempt bonds with an aggregate face value not exceeding $50 million in a calendar year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to require that the issuer of a tax-exempt State or local obligation obtain a certification that the interest rate with respect to such obligation is reasonable without materially increasing the risks associated with the obligation."} | 1,626 | 150 | 0.604298 | 1.69821 | 0.687328 | 2.605042 | 12.512605 | 0.87395 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Aviation Administration
Extension Act of 2010''.
SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the
Internal Revenue Code of 1986 is amended by striking ``March 31, 2010''
and inserting ``July 3, 2010''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking ``March
31, 2010'' and inserting ``July 3, 2010''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``March 31, 2010'' and inserting
``July 3, 2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on April 1, 2010.
SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``April 1, 2010'' and inserting ``July 4,
2010''; and
(2) by inserting ``or the Federal Aviation Administration
Extension Act of 2010'' before the semicolon at the end of
subparagraph (A).
(b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such
Code is amended by striking ``April 1, 2010'' and inserting ``July 4,
2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on April 1, 2010.
SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--
(1) In general.--Section 48103(7) of title 49, United
States Code, is amended to read as follows:
``(7) $3,024,657,534 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.
(2) Obligation of amounts.--Sums made available pursuant to
the amendment made by paragraph (1) may be obligated at any
time through September 30, 2010, and shall remain available
until expended.
(3) Program implementation.--For purposes of calculating
funding apportionments and meeting other requirements under
sections 47114, 47115, 47116, and 47117 of title 49, United
States Code, for the period beginning on October 1, 2009, and
ending on July 3, 2010, the Administrator of the Federal
Aviation Administration shall--
(A) first calculate funding apportionments on an
annualized basis as if the total amount available under
section 48103 of such title for fiscal year 2010 were
$4,000,000,000; and
(B) then reduce by 11 percent--
(i) all funding apportionments calculated
under subparagraph (A); and
(ii) amounts available pursuant to sections
47117(b) and 47117(f)(2) of such title.
(b) Project Grant Authority.--Section 47104(c) of such title is
amended by striking ``March 31, 2010,'' and inserting ``July 3,
2010,''.
SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 40117(l)(7) of title 49, United States Code, is amended
by striking ``April 1, 2010.'' and inserting ``July 4, 2010.''.
(b) Section 44302(f)(1) of such title is amended--
(1) by striking ``March 31, 2010,'' and inserting ``July 3,
2010,''; and
(2) by striking ``June 30, 2010,'' and inserting
``September 30, 2010,''.
(c) Section 44303(b) of such title is amended by striking ``June
30, 2010,'' and inserting ``September 30, 2010,''.
(d) Section 47107(s)(3) of such title is amended by striking
``April 1, 2010.'' and inserting ``July 4, 2010.''.
(e) Section 47115(j) of such title is amended by striking ``April
1, 2010,'' and inserting ``July 4, 2010,''.
(f) Section 47141(f) of such title is amended by striking ``March
31, 2010.'' and inserting ``July 3, 2010.''.
(g) Section 49108 of such title is amended by striking ``March 31,
2010,'' and inserting ``July 3, 2010,''.
(h) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by striking
``April 1, 2010,'' and inserting ``July 4, 2010,''.
(i) Section 186(d) of such Act (117 Stat. 2518) is amended by
striking ``April 1, 2010,'' and inserting ``July 4, 2010,''.
(j) The amendments made by this section shall take effect on April
1, 2010.
SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k)(1)(F) of title 49, United States Code, is amended to
read as follows:
``(F) $7,070,158,159 for the period beginning on
October 1, 2009, and ending on July 3, 2010.''.
SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a)(6) of title 49, United States Code, is amended to
read as follows:
``(6) $2,220,252,132 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.
SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a)(14) of title 49, United States Code, is amended to
read as follows:
``(14) $144,049,315 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.
SEC. 9. EXTENSION AND FLEXIBILITY FOR CERTAIN ALLOCATED SURFACE
TRANSPORTATION PROGRAMS.
(a) Short Title.--This section may be cited as the ``Surface
Transportation Extension Modification Act of 2010''.
(b) Modification of Allocation Rules.--Section 411(d) of the
Surface Transportation Extension Act of 2010 is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``1301, 1302,''; and
(ii) by striking ``1198, 1204,''; and
(B) in subparagraph (A)--
(i) in the matter preceding clause (i) by
striking ``apportioned under sections 104(b)
and 144 of title 23, United States Code,'' and
inserting ``specified in section 105(a)(2) of
title 23, United States Code (except the high
priority projects program),''; and
(ii) in clause (ii) by striking
``apportioned under such sections of such
Code'' and inserting ``specified in such
section 105(a)(2) (except the high priority
projects program)'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``1301, 1302,''; and
(ii) by striking ``1198, 1204,''; and
(B) in subparagraph (A)--
(i) in the matter preceding clause (i) by
striking ``apportioned under sections 104(b)
and 144 of title 23, United States Code,'' and
inserting ``specified in section 105(a)(2) of
title 23, United States Code (except the high
priority projects program),''; and
(ii) in clause (ii) by striking
``apportioned under such sections of such
Code'' and inserting ``specified in such
section 105(a)(2) (except the high priority
projects program)''; and
(3) by adding at the end the following:
``(5) Projects of national and regional significance and
national corridor infrastructure improvement programs.--
``(A) Redistribution among states.--Notwithstanding
sections 1301(m) and 1302(e) of SAFETEA-LU (119 Stat.
1202 and 1205), the Secretary shall apportion funds
authorized to be appropriated under subsection (b) for
the projects of national and regional significance
program and the national corridor infrastructure
improvement program among all States such that each
State's share of the funds so apportioned is equal to
the State's share for fiscal year 2009 of funds
apportioned or allocated for the programs specified in
section 105(a)(2) of title 23, United States Code.
``(B) Distribution among programs.--Funds
apportioned to a State pursuant to subparagraph (A)
shall be--
``(i) made available to the State for the
programs specified in section 105(a)(2) of
title 23, United States Code (except the high
priority projects program), and in the same
proportion for each such program that--
``(I) the amount apportioned to the
State for that program for fiscal year
2009; bears to
``(II) the amount apportioned to
the State for fiscal year 2009 for all
such programs; and
``(ii) administered in the same manner and
with the same period of availability as funding
is administered under programs identified in
clause (i).''.
(c) Expenditure Authority From Highway Trust Fund.--Paragraph (1)
of section 9503(c) of the Internal Revenue Code of 1986, as amended by
the Surface Transportation Extension Act of 2010, is amended by
striking ``in effect on the date of the enactment of such Act)'' and
inserting ``in effect on the later of the date of the enactment of such
Act or the date of the enactment of the Surface Transportation
Extension Modification Act of 2010)''.
(d) Effective Date.--The amendments made by this section shall take
effect upon the enactment of the Surface Transportation Extension Act
of 2010 and shall be treated as being included in that Act at the time
of the enactment of that Act.
Passed the House of Representatives March 24, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | (Sec. 1) Makes technical amendments to the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC), as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (PACMBPRA), regarding the election to apply specified requirements in an eligible plan year with respect to the shortfall amortization base in minimum funding standards for a single-employer defined benefit pension plan.
Treats a plan as eligible for such an election only if: (1) the plan sponsor is not a debtor in a case under bankruptcy law or similar federal or state law, (2) there are no unpaid minimum required contributions with respect to the plan for purposes of the excise tax when minimum required contributions are not paid when due, (3) there are no outstanding liens in favor of the plan for a person's failure to make required contributions, and (4) the plan sponsor has not initiated a distress termination of the plan.
(Sec. 2) Amends the Pension Protection Act of 2006 (PPA), as amended by PACMBPRA, with respect to the exemption from certain PPA requirements for and restrictions on the funding of multiple employer plans of eligible charities. Redefines an eligible charity plan as one maintained by one or more employers with employees accruing benefits based on service for the plan year, where: (1) such employees are employed in at least 20 states, (2) more than 98% of them are employed by a tax-exempt charitable organization whose primary exempt purpose is to provide services with respect to children, and (3) the plan sponsor elects to be treated as an eligible charity plan. Applies this redefinition to plan years beginning after December 31, 2010, but allows a plan sponsor to elect to apply it to earlier plan years.
(Sec. 3) Amends the Worker, Retiree, and Employer Recovery Act of 2008 to extend through plan years beginning during the period October 1, 2008-December 31, 2011, certain funding-based limits on benefit accruals for single-employer plans with severe funding shortfalls. Revises the adjusted funding target attainment percentage factor in such limits for that period.
Amends ERISA and the IRC with respect to the allowance of a one-time prohibited payment by a single-employer plan. Declares that, in the case of payments the annuity starting date for which occurs on or before December 31, 2011, payments under a Social Security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a Social Security supplement).
Permits a plan sponsor to elect to apply such treatment to payments whose annuity starting date occurs before January 1, 2011.
Repeals related existing requirements as if they had never been enacted.
(Sec. 4) Amends ERISA and the IRC, as amended by PACMBPRA, to revise the threshold date, under rules for special relief from minimum funding standards, for the period during which a solvent multiemployer plan may treat, as an item separate from other experience losses, to be amortized over 30 years, the portion of any experience loss or gain attributable to net investment losses incurred in either or both of certain plan years. Changes the identity of such plan years from the first two plan years ending after August 31, 2008, to the first two plan years ending after June 30, 2008. | {"src": "billsum_train", "title": "An Act to amend the Internal Revenue Code of 1986 to make technical corrections to the pension funding provisions of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010."} | 2,442 | 747 | 0.402936 | 1.158867 | 0.522485 | 0.904834 | 3.132931 | 0.539275 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State and Tribal Mining Reclamation
Fairness Act of 2002''.
SEC. 2. INCREASED INCENTIVES FOR STATES TO ACHIEVE COAL MINING
RECLAMATION PRIORITIES.
(a) In General.--Section 411 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1240a) is amended by redesignating
subsections (c) through (g) in order as subsections (d) through (h),
and inserting after subsection (b) the following:
``(c) Incentives for Certification.--
``(1) In general.--Effective beginning on the date on which
this subsection applies to a State or Indian tribe under
paragraph (2)--
``(A) the Secretary shall pay to the State or
tribe, without further Act of appropriation, the
allocated but unappropriated reclamation fee balance of
the State or tribe, respectively;
``(B) the amount of the reclamation fee required to
be paid under section 402(a) with respect to coal mined
in the State or on lands over which that tribe has
jurisdiction, respectively, shall be \1/2\ of the
amount that would otherwise apply under that section;
and
``(C) the State or tribe, respectively, shall not
be eligible for any subsequent allocation under section
402(g)(1).
``(2) Date of application.--Paragraph (1) shall apply to a
State or Indian tribe effective on the earlier of--
``(A) the date of the enactment of the State and
Tribal Mining Reclamation Fairness Act of 2002, in the
case of a State or tribe with respect to which the
Secretary concurred in a State or tribal certification
under subsection (a) before that date;
``(B) the date on which the Secretary concurs in a
certification by the State or tribe under subsection
(a); or
``(C) December 31, 2014.
``(3) Use of payment.--A State or Indian tribe shall use
any payment under paragraph (1)(A) to make grants to achieve
any of the priorities set forth in section 403(a) or subsection
(d) of this subsection that remain unmet in the State or on
lands under the jurisdiction of the tribe, respectively. Such
grants shall be subject to requirements and restrictions that
are substantially similar to the requirements and restrictions
that apply with respect to grants by the Secretary under
section 402(g)(1).
``(4) Allocated but unappropriated reclamation fee
defined.--In this subsection, the term `allocated but
unappropriated reclamation fee' means, with respect to a State
or Indian tribe, the difference determined by subtracting--
``(A) the total amount of funds the State or tribe
has been allocated annually under section 402(g)(1);
from
``(B) the total amount of appropriated funds that
has been provided to the State or tribe as grants under
section 402(g)(1).''.
(b) Conforming Amendments.--
(1) Section 411 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1241) is further amended--
(A) in subsection (f) (as redesignated by
subsection (a) of this section) by striking
``subsection (c)'' and inserting ``subsection (d)'';
(B) in subsection (g) (as so redesignated) by
striking ``subsection (e)'' and inserting ``subsection
(f)''; and
(C) in subsection (h) (as so redesignated) by
striking ``through (e)'' and inserting ``through (f)''.
(2) Section 402(a) of such Act (30 U.S.C. 1232(a)) is
amended--
(A) by striking ``All operators'' and inserting
``Subject to section 411(c)(1)(B), all operators''; and
(B) by inserting ``before December 31, 2014,''
after ``produced'' each place it appears.
(3) Section 402(g)(1) of such Act (30 U.S.C. 1232(g)(1)) is
amended in the matter preceding subparagraph (A) by inserting
``of this section and section 411(c)(1)(C)'' after ``Except as
provided in subsection (h)''.
SEC. 3. AVAILABILITY OF RECLAMATION FEES ALLOCATED TO STATE AND TRIBES.
Section 401(d) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1231(d)) is amended--
(1) by striking ``Moneys'' and inserting ``Availability.--
(1) Except as provided in paragraph (2), moneys''; and
(2) by adding at the end the following:
``(2) There shall be available, without further Act of
appropriation--
``(A) amounts collected after the date of enactment of the
State and Tribal Mining Reclamation Fairness Act of 2002 that
are allocated under subsection (g)(1); and
``(B) amounts required to be paid under section
411(c)(1)(A).''. | State and Tribal Mining Reclamation Fairness Act of 2002 - Amends the Surface Mining Control and Reclamation Act of 1977 to increase the incentives for States and Indian tribes to achieve coal mining reclamation priorities by requiring the Secretary of the Interior to pay to the States or tribes, without further Act of appropriation, their allocated but unappropriated reclamation fee balance. Makes the mandated reclamation fee 1/2 of the amount that would otherwise apply and such entities, respectively, ineligible for any subsequent allocation.Allows a State or Indian tribe to use such payment to make grants to achieve any of the priorities in the Act's purview that remain unmet in the State or on the lands under the tribe's jurisdiction. | {"src": "billsum_train", "title": "To amend the Surface Mining Control and Reclamation Act of 1977 to increase the incentives for States and Indian tribes to achieve reclamation priorities under that Act with respect to coal mining, and for other purposes."} | 1,192 | 162 | 0.641566 | 1.759956 | 0.837188 | 3.891473 | 7.922481 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect and Preserve International
Cultural Property Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the President should establish an
interagency coordinating committee to coordinate the efforts of the
executive branch to protect and preserve international cultural
property at risk from political instability, armed conflict, or natural
or other disasters. Such committee should--
(1) be chaired by a Department of State employee of Assistant
Secretary rank or higher, concurrent with that employee's other
duties;
(2) include representatives of the Smithsonian Institution and
Federal agencies with responsibility for the preservation and
protection of international cultural property;
(3) consult with governmental and nongovernmental
organizations, including the United States Committee of the Blue
Shield, museums, educational institutions, and research
institutions, and participants in the international art and
cultural property market on efforts to protect and preserve
international cultural property;
(4) coordinate core United States interests in--
(A) protecting and preserving international cultural
property;
(B) preventing and disrupting looting and illegal trade and
trafficking in international cultural property, particularly
exchanges that provide revenue to terrorist and criminal
organizations;
(C) protecting sites of cultural and archaeological
significance; and
(D) providing for the lawful exchange of international
cultural property.
SEC. 3. EMERGENCY PROTECTION FOR SYRIAN CULTURAL PROPERTY.
(a) In General.--The President shall exercise the authority of the
President under section 304 of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2603) to impose import restrictions set
forth in section 307 of that Act (19 U.S.C. 2606) with respect to any
archaeological or ethnological material of Syria--
(1) not later than 90 days after the date of the enactment of
this Act;
(2) without regard to whether Syria is a State Party (as
defined in section 302 of that Act (19 U.S.C. 2601)); and
(3) notwithstanding--
(A) the requirement of subsection (b) of section 304 of
that Act (19 U.S.C. 2603(b)) that an emergency condition (as
defined in subsection (a) of that section) applies; and
(B) the limitations under subsection (c) of that section.
(b) Annual Determination Regarding Certification.--
(1) Determination.--
(A) In general.--The President shall, not less often than
annually, determine whether at least 1 of the conditions
specified in subparagraph (B) is met, and shall notify the
appropriate congressional committees of such determination.
(B) Conditions.--The conditions referred to in subparagraph
(A) are the following:
(i) The Government of Syria is incapable, at the time a
determination under such subparagraph is made, of
fulfilling the requirements to request an agreement under
section 303 of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2602), including the
requirements under subsection (a)(3) of that section.
(ii) It would be against the United States national
interest to enter into such an agreement.
(2) Termination of restrictions.--
(A) In general.--Except as provided in subparagraph (B),
the import restrictions referred to in subsection (a) shall
terminate on the date that is 5 years after the date on which
the President determines that neither of the conditions
specified in paragraph (1)(B) are met.
(B) Request for termination.--If Syria requests to enter
into an agreement with the United States pursuant to section
303 of the Convention on Cultural Property Implementation Act
(19 U.S.C. 2602) on or after the date on which the President
determines that neither of the conditions specified in
paragraph (1)(B) are met, the import restrictions referred to
in subsection (a) shall terminate on the earlier of--
(i) the date that is 3 years after the date on which
Syria makes such a request; or
(ii) the date on which the United States and Syria
enter into such an agreement.
(c) Waiver.--
(1) In general.--The President may waive the import
restrictions referred to in subsection (a) for specified
archaeological and ethnological material of Syria if the President
certifies to the appropriate congressional committees that the
conditions described in paragraph (2) are met.
(2) Conditions.--The conditions referred to in paragraph (1)
are the following:
(A)(i) The owner or lawful custodian of the specified
archaeological or ethnological material of Syria has requested
that such material be temporarily located in the United States
for protection purposes; or
(ii) if no owner or lawful custodian can reasonably be
identified, the President determines that, for purposes of
protecting and preserving such material, the material should be
temporarily located in the United States.
(B) Such material shall be returned to the owner or lawful
custodian when requested by such owner or lawful custodian.
(C) There is no credible evidence that granting a waiver
under this subsection will contribute to illegal trafficking in
archaeological or ethnological material of Syria or financing
of criminal or terrorist activities.
(3) Action.--If the President grants a waiver under this
subsection, the specified archaeological or ethnological material
of Syria that is the subject of such waiver shall be placed in the
temporary custody of the United States Government or in the
temporary custody of a cultural or educational institution within
the United States for the purpose of protection, restoration,
conservation, study, or exhibition, without profit.
(4) Immunity from seizure.--Any archaeological or ethnological
material that enters the United States pursuant to a waiver granted
under this section shall have immunity from seizure under Public
Law 89-259 (22 U.S.C. 2459). All provisions of Public Law 89-259
shall apply to such material as if immunity from seizure had been
granted under that Public Law.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Finance of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Ways and Means of the House of Representatives.
(2) Archaeological or ethnological material of syria.--The term
``archaeological or ethnological material of Syria'' means cultural
property (as defined in section 302 of the Convention on Cultural
Property Implementation Act (19 U.S.C. 2601)) that is unlawfully
removed from Syria on or after March 15, 2011.
SEC. 4. REPORT.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter for the next 6 years, the President shall
submit to the appropriate congressional committees a report on the
efforts of the executive branch, during the 12-month period preceding
the submission of the report, to protect and preserve international
cultural property, including--
(1) whether an interagency coordinating committee as described
in section 2 has been established and, if such a committee has been
established, a description of the activities undertaken by such
committee, including a list of the entities participating in such
activities;
(2) a description of measures undertaken pursuant to relevant
statutes, including--
(A) actions to implement and enforce section 3 of this Act
and section 3002 of the Emergency Protection for Iraqi Cultural
Antiquities Act of 2004 (Public Law 108-429; 118 Stat. 2599),
including measures to dismantle international networks that
traffic illegally in cultural property;
(B) a description of any requests for a waiver under
section 3(c) of this Act and, for each such request, whether a
waiver was granted;
(C) a list of the statutes and regulations employed in
criminal, civil, and civil forfeiture actions to prevent
illegal trade and trafficking in cultural property;
(D) actions undertaken to ensure the consistent and
effective application of law in cases relating to illegal trade
and trafficking in cultural property; and
(E) actions undertaken to promote the legitimate commercial
and non-commercial exchange and movement of cultural property;
and
(3) actions undertaken in fulfillment of international
agreements on cultural property protection, including the
Convention for the Protection of Cultural Property in the Event of
Armed Conflict, done at The Hague May 14, 1954.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on April 13, 2016. Protect and Preserve International Cultural Property Act (Sec. 2) This bill expresses the sense of Congress that the President should establish an interagency coordinating committee to coordinate and advance executive branch efforts to protect and preserve international cultural property at risk from political instability, armed conflict, or natural or other disasters. (Sec. 3) The President shall apply specified import restrictions with respect to any archaeological or ethnological material of Syria: within 90 days; without regard to whether Syria is a state party to the convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property (adopted by the General Conference of the United Nations Educational, Scientific, and Cultural Organization); and notwithstanding the requirement that an emergency condition applies. The President shall at least once a year determine whether at least one of the following conditions is met: (1) Syria is incapable of fulfilling the requirements to request an agreement pursuant to the Convention on Cultural Property Implementation Act, and (2) it would be against the U.S. national interest to enter into such an agreement. The President may waive such import restrictions for specified cultural property if the President certifies to Congress that: (1) the foreign owner or custodian of the specified cultural property has requested that the property be temporarily located in the United States for protection purposes, (2) the property shall be returned upon request to the foreign owner or custodian, and (3) the grant of a waiver will not contribute to illegal trafficking in cultural property or financing of criminal or terrorist activities. Any archaeological or ethnological material that enters the United States pursuant to a waiver shall have immunity from seizure under P.L. 89-259 (which provides immunity from seizure for cultural items imported for temporary exhibition.) (Sec. 4) The President shall report annually to Congress on executive branch efforts to protect and preserve international cultural property. | {"src": "billsum_train", "title": "Protect and Preserve International Cultural Property Act"} | 1,846 | 420 | 0.680362 | 2.453405 | 0.870201 | 3.489744 | 4.394872 | 0.9 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Medicaid DSH
Integrity Act''.
(b) Findings.--Congress finds the following:
(1) Medicaid disproportionate share hospital (``DSH'')
payments are a critical source of funding for many safety net
hospitals that provide essential access to care for the poor
and uninsured.
(2) The statutory reporting and auditing requirements added
by the Medicare Prescription Drug Improvement and Modernization
Act of 2003 are important to provide assurances to Congress,
the Department of Health and Human Services, States and the
public that DSH funds are being used to fulfill their intended
statutory purpose of assisting hospitals that serve a
disproportionate share of low-income individuals.
(3) The Centers for Medicare & Medicaid Services issued
Medicaid DSH auditing and reporting regulations (as defined in
section 2(d)) that, in implementing those reporting and
auditing requirements, also implemented changes to underlying
DSH policy which have the effect of narrowing the scope of DSH
payments that may be made for many States.
(4) In adding those reporting and auditing requirements,
Congress did not intend to alter the definition of DSH-eligible
costs or to narrow the scope of DSH payments that may be made
under the existing DSH program and the substantive standards in
section 1923(g) of the Social Security Act (42 U.S.C. 1396r-
4(g)).
(5) The policy changes in such regulations would result in
DSH payment reductions of millions of dollars to critical
safety net providers that have long participated in the
Medicaid DSH program under payment methodologies previously
approved by CMS.
SEC. 2. REVISION OF MEDICAID DSH AUDITING AND REPORTING REGULATIONS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services, in
consultation with States and disproportionate share hospitals (as
determined for purposes of the Medicaid DSH program), shall--
(1) indicate, in appropriate guidance, that CMS does not
intend to enforce any changes in policy related to the
calculation of the limits under section 1923(g)(1)(A) of the
Social Security Act that were contained in the Medicaid DSH
auditing and reporting regulations; and
(2) publish an interim final rule to revise the Medicaid
DSH auditing and reporting regulations at sections 447.299(c)
and 455.304 of title 42, Code of Federal Regulations, as
necessary--
(A) to correct policy changes related to the
calculation of the limits under section 1923(g)(1)(A)
of the Social Security Act;
(B) to provide appropriate guidance for otherwise
implementing the Medicaid DSH auditing and reporting
regulations; and
(C) to provide for the regulatory changes described
in subsection (b).
(b) Regulatory Changes To Be Included in New Interim Final Rule.--
The regulatory changes described in this subsection are the following:
(1) In defining the costs of furnishing services to
individuals with no health insurance (or other source of third-
party coverage), CMS shall permit inclusion of all costs
related to services provided to patients with no insurance for
the service rendered, even if the patient has insurance that
covers other services. The receipt by a hospital of nominal
payments related to a service shall not constitute health
insurance or a source of third-party coverage.
(2) Consistent with prior guidance of CMS contained in a
letter to State Medicaid directors on August 17, 1994, CMS
shall permit States to use the definition of allowable costs in
its State Medicaid plan, or any other definition, in computing
such costs as long as the costs determined under such a
definition do not exceed the amounts that would be allowable
under the Medicare principles of cost reimbursement. CMS shall
interpret the language of the audit requirement at section
1923(j)(2)(C) of the Social Security Act describing ``inpatient
hospital and outpatient hospital services'' to be consistent
with the term ``hospital services'' as used in section
1923(g)(1)(A) of such Act and not to indicate an intent by
Congress for a more restrictive interpretation of such section
1923(g)(1)(A).
(3) CMS shall, as appropriate, revise the General DSH Audit
and Reporting Protocol referenced in the Medicaid DSH auditing
and reporting regulations and issued at the same time as those
regulations, in particular, to permit the use of either an
overall cost-to-charge ratio or departmental cost-to-charge
ratios.
(4) CMS shall revise section 455.304(d)(2) of title 42,
Code of Federal Regulations, to permit alternative
methodologies for determining actual costs, including through
trending forward costs from prior years.
(c) Initiation of Requirements.--
(1) In general.--Section 1923(j) of the Social Security Act
(42 U.S.C. 1396r-4(j)) is amended by striking ``2004'' and
inserting ``2008''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective as if included in the enactment of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003 (Public Law 108-173).
(d) Definitions.--In this Act:
(1) The term ``CMS'' means the Centers for Medicare &
Medicaid Services.
(2) The term ``Medicaid DSH auditing and reporting
regulations'' means the final regulation issued on December 19,
2008, and published beginning at 73 Federal Register 77904.
(3) The term ``Medicaid DSH program'' means the program of
payment adjustments under section 1923 of the Social Security
Act (42 U.S.C. 1396r-4).
(4) The term ``Secretary'' means the Secretary of Health
and Human Services, acting through CMS. | Medicaid DSH Integrity Act - Directs the Secretary of Health and Human Services (HHS) to indicate, in appropriate guidance, that the Centers for Medicare & Medicaid Services (CMS) do not intend to enforce any changes in policy related to calculating the limits on the adjustment in payment under title XIX (Medicaid) of the Social Security Act for inpatient hospital services furnished by disproportionate share hospitals (DSH) that were contained in the Medicaid DSH auditing and reporting regulations the CMS issued pursuant to the Medicare Prescription Drug Improvement and Modernization Act of 2003.
Requires the Secretary to publish an interim final rule to revise such regulations as necessary to: (1) correct such policy changes; (2) provide appropriate guidance for otherwise implementing those auditing and reporting regulations; and (3) provide for specified regulatory changes to be included in the new interim rule.
Requires the CMS, in defining the costs of furnishing services to individuals with no health insurance (or other source of third-party coverage), to permit inclusion of all costs related to services provided to patients with no insurance for the service rendered, even if the patient has insurance that covers other services. Declares that the receipt by a hospital of nominal payments related to a service shall not constitute health insurance or a source of third-party coverage. | {"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to revise regulations implementing the statutory reporting and auditing requirements for the Medicaid disproportionate share hospital (\"DSH\") payment program to be consistent with the scope of the statutory provisions and avoid substantive changes to preexisting DSH policy."} | 1,278 | 281 | 0.64199 | 1.91993 | 0.89054 | 5.224 | 4.612 | 0.952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Improvement Volunteer Act
of 1994''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the ethic of civic responsibility, the spirit of
community and the belief in volunteerism have all been
fundamental principles guiding this country's evolution;
(2) Americans persist in their desire to affirm their sense
of humanity, community, civic responsibility and shared values;
(3) volunteerism plays a vital role in helping the American
people meet these mores;
(4) throughout the United States, there are pressing unmet
public needs that will benefit and serve the local community or
disadvantaged groups within the community (such as food banks,
homeless shelters, parks, day care centers, youth centers, drug
and alcohol abuse rehabilitation centers, libraries, and
similar entities);
(5) expanding opportunities for volunteerism can assist a
community in meeting many of these unmet public needs resulting
in tangible benefits to society at little or no cost to the
public;
(6) many Federal laws that authorize financial assistance
for the construction of public buildings and public works
require the application of the prevailing wage-setting
provisions of the Act of March 3, 1931 (commonly known as the
``Davis-Bacon Act'') (40 U.S.C. 276a et seq.) which sets
minimum wages and fringe benefits which must be paid to various
classes of laborers and mechanics who are employed on such
projects;
(7) these prevailing wage-setting provisions of the Davis-
Bacon Act protect the labor standards of working men and women
in the locality where the federally-assisted project is to be
constructed, significantly contribute to the achievement of a
decent standard of living for local area working families, and
contribute to safeguarding and providing employment
opportunities for women and minorities in the construction
industry;
(8) the prevailing wage-setting provisions of the Davis-
Bacon Act create incentives for contractors and subcontractors
seeking federally-assisted and insured contracts and
subcontracts to establish and support apprenticeship programs
which provide opportunities for women and minorities to receive
training that enables them to become fully qualified laborers
and mechanics in the construction industry; and
(9) in order to achieve these objectives, the prevailing
wage-setting provisions of the Davis-Bacon Act have been
uniformly applied to all laborers and mechanics who performed
work on federally-assisted public building and public works
projects regardless of their status as volunteers, unless an
express exception is specifically provided for in a particular
Federal law under which the Federal funding is authorized.
SEC. 3. PURPOSE.
It is the purpose of this Act to promote and provide more
opportunities for people who wish to volunteer their services in the
construction, repair or alteration, including painting and decorating,
of public buildings and public works funded, in whole or in part, with
Federal financial assistance authorized under certain Federal programs
that might not otherwise be possible without the use of volunteers, by
waiving the application of the otherwise applicable prevailing wage-
setting provisions of the Act of March 3, 1931 (commonly known as the
``Davis-Bacon Act'') (40 U.S.C. 276a et seq.) to such volunteers.
SEC. 4. WAIVER.
(a) In General.--The requirement that certain laborers and
mechanics be paid in accordance with the wage-setting provisions of the
Act of March 3, 1931 (commonly known as the ``Davis-Bacon Act'') (40
U.S.C. 276a et seq.) as set forth in any of the Acts or provisions
described in subsection (d), and the provisions relating to wages, in
any federally assisted or insured contract or subcontract for
construction, shall not apply to any individual--
(1) who volunteers--
(A) to perform a service for a public or private
entity for civic, charitable, or humanitarian reasons,
without promise, expectation or receipt of compensation
for services rendered other than expenses, reasonable
benefits, or a nominal fee (as defined in subsection
(b)), but solely for the personal purpose or pleasure
of the individual; and
(B) to provide such services freely and without
pressure or coercion, direct or implied, from an
employer;
(2) whose contribution of service is not for the benefit of
any contractor otherwise performing or seeking to perform work
on the same project; and
(3) who is not otherwise employed at any time under the
federally assisted or insured contract or subcontract involved
for construction with respect to the project for which the
individual is volunteering.
(b) Expenses.--Payments of expenses, reasonable benefits, or a
nominal fee may be provided to volunteers described in subsection (a)
if the Secretary of Labor determines, after an examination of the total
amount of payments made (expenses, benefits, fees) in the context of
the economic realities of the specific federally assisted or insured
project, that such payments are appropriate. Subject to such a
determination--
(1) a payment for an expense may be received by a volunteer
for items such as uniform allowances, protective gear and
clothing, reimbursement for approximate out-of-pocket expenses,
or for the cost or expense of meals and transportation;
(2) a reasonable benefit may include the inclusion of a
volunteer in a group insurance plan (such as a liability,
health, life, disability, or worker's compensation plan) or
pension plan or the awarding of a length of service award; and
(3) a nominal fee may not be used as a substitute for
compensation and must not be tied to productivity.
The decision as to what constitutes a nominal fee for purposes of
paragraph (3) shall be made on a case-by-case basis and in the context
of the economic realities of the situation involved.
(c) Economic Reality.--For purposes of subsection (b), in
determining whether an expense, benefit or fee described in such
subsection may be paid to volunteers in the context of the economic
realities of the particular situation, the Secretary of Labor shall not
approve any such expense, benefit or fee which has the effect of
undermining labor standards by creating downward pressure on prevailing
wages in the local construction industry.
(d) Contracts Exempted.--For purposes of subsection (a), the Acts
or provisions described in this subsection are the following:
(1) The Library Services and Construction Act.
(2) The Indian Self-Determination and Education Assistance
Act.
(3) Section 329 of the Public Health Service Act (42 U.S.C.
254b).
(4) Section 330 of the Public Health Service Act (42 U.S.C.
254c).
SEC. 5. REPORT.
Not later than December 31, 1997, the Secretary of Labor shall
prepare and submit to the appropriate committees of Congress a report
that--
(1) identifies and assesses, to the maximum extent
practicable--
(A) the projects for which volunteers were
permitted to work under this Act; and
(B) the number of volunteers permitted to work
because of the compliance of entities with the
provisions of this Act; and
(2) contains recommendations with respect to other Davis-
Bacon-related Acts that could be addressed to permit volunteer
work. | Community Improvement Volunteer Act of 1994 - Provides for waivers of the prevailing-wage-setting requirements of the Davis-Bacon Act with respect to volunteers who perform services under the Library Services and Construction Act, the Indian Self-Determination and Education Assistance Act, or migrant health centers or community health centers provisions of the Public Health Service Act. Prohibits approval of any expense, benefit, or fee being paid to such volunteers which has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry.
Directs the Secretary of Labor to report to the appropriate congressional committees on such waivers for volunteers on such projects and make recommendations with respect to other Davis-Bacon-related Acts that could be addressed to permit volunteer work. | {"src": "billsum_train", "title": "Community Improvement Volunteer Act of 1994"} | 1,552 | 167 | 0.539975 | 1.632 | 0.684644 | 3.910345 | 10.303448 | 0.917241 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Tunnel Prevention Act of
2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As the international border between the United States
and Mexico becomes more secure, trafficking and smuggling
organizations intensify their efforts to enter the United
States by increasing the number of tunnels and other
subterranean passages between Mexico and the United States.
(2) Border tunnels are most often used to transport
narcotics from Mexico to the United States, but can also be
used to transport people and other contraband.
(3) Between May 1990 and May 2011, law enforcement
authorities discovered 137 tunnels, 125 of which have been
discovered since September 2001. While law enforcement
authorities discovered only 2 tunnels in California between
1990 and 2001, there has been a dramatic increase in the number
of border tunnels discovered in California since 2001.
(4) Section 551 of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295) added a new
section to title 18, United States Code (18 U.S.C. 555),
which--
(A) criminalizes the construction or financing of
an unauthorized tunnel or subterranean passage across
an international border into the United States; and
(B) prohibits any person from recklessly permitting
others to construct or use an unauthorized tunnel or
subterranean passage on the person's land.
(5) Any person convicted of using a tunnel or subterranean
passage to smuggle aliens, weapons, drugs, terrorists, or
illegal goods is subject to an enhanced sentence for the
underlying offense. Additional sentence enhancements would
further deter tunnel activities and increase prosecutorial
options.
SEC. 3. DEFINITIONS.
In this Act:
(1) National security zone.--The term ``national security
zone'' means any Southwest Border land designated by the
Secretary as being at a high risk for border tunnel activity,
as authorized under section 8(b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(3) Southwest border land.--The term ``Southwest Border
land'' means all parcels of real property in the United States
that--
(A) are located within 1 mile of the international
border between the United States and Mexico; and
(B) are not owned by a Federal, State, tribal, or
local government entity.
SEC. 4. ATTEMPT OR CONSPIRACY TO USE, CONSTRUCT, OR FINANCE A BORDER
TUNNEL.
Section 555 of title 18, United States Code, is amended by adding
at the end the following:
``(d) Any person who attempts or conspires to commit any offense
under this section shall be subject to the same penalties as those
prescribed for the offense, the commission of which was the object of
the attempt or conspiracy.''.
SEC. 5. AUTHORIZATION FOR INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC
COMMUNICATIONS.
Section 2516(1)(c) of title 18, United States Code, is amended by
inserting ``, section 555 (relating to construction or use of
international border tunnels)'' before the semicolon at the end.
SEC. 6. FORFEITURE.
(a) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United
States Code, is amended by inserting ``555,'' after ``545,''.
(b) Civil Asset Forfeiture.--Any merchandise introduced into the
United States through a tunnel or passage described in section 555(a)
of title 18, United States Code, shall be subject to seizure and
forfeiture in accordance with section 596(c) of the Tariff Act of 1930
(19 U.S.C. 1595a(c)).
SEC. 7. MONEY LAUNDERING DESIGNATION.
Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting ``section 555 (relating to border tunnels),'' after
``section 554 (relating to smuggling goods from the United States),''.
SEC. 8. NOTIFICATION REQUIREMENTS.
(a) Notification to Land Owners.--The Secretary is encouraged to
annually provide each known nongovernmental owner and tenant of land
located in a national security zone with a written notification that
describes--
(1) Federal laws related to the construction of illegal
border tunnels; and
(2) the procedures for reporting violations of such laws to
U.S. Immigration and Customs Enforcement.
(b) Designation of Border Tunnel High Risk Areas.--
(1) In general.--The Secretary may designate any Southwest
Border land that the Secretary has a substantial reason to
believe is at a high risk for border tunnel activity as a
national security zone.
(2) Publication.--The Secretary shall--
(A) publish any designations made under paragraph
(1) in the Federal Register; and
(B) allow appropriate notice and comment in
accordance with the chapter 5 of title 5, United States
Code (commonly referred to as the ``Administrative
Procedures Act'').
(c) Rulemaking.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
carry out this section.
SEC. 9. REPORT.
(a) In General.--The Secretary shall submit an annual report to the
congressional committees set forth in subsection (b) that includes a
description of--
(1) the cross border tunnels in Southwest Border land
discovered during the reporting period; and
(2) the needs of the Department of Homeland Security to
effectively prevent, investigate and prosecute border tunnel
construction on Southwest Border land.
(b) Congressional Committees.--The congressional committees set
forth in this subsection are--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Homeland Security of the House of
Representatives;
(5) the Committee on the Judiciary of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
Passed the Senate January 30, 2012.
Attest:
Secretary.
112th CONGRESS
2d Session
S. 1236
_______________________________________________________________________
AN ACT
To reduce the trafficking of drugs and to prevent human smuggling
across the Southwest Border by deterring the construction and use of
border tunnels. | Border Tunnel Prevention Act of 2011 - Amends the federal criminal code to: (1) subject anyone who attempts or conspires to construct or finance construction of an unauthorized tunnel or subterranean passage that crosses the international border between the United States and another country, to use such a tunnel for smuggling, or to disregard such construction or use, to the penalties prescribed for someone who commits such an offense; (2) make such a border tunnel offense a predicate offense for a money laundering violation and for authorization for interception of wire, oral, or electronic communications; and (3) provide for the criminal forfeiture of proceeds of such an offense and the seizure and forfeiture of merchandise introduced into the United States through such a tunnel.
Encourages the Secretary of Homeland Security (DHS) to annually provide each known nongovernmental owner and tenant of land located in a national security zone with a written notification that describes federal laws related to the construction of illegal border tunnels and the procedures for reporting violations of such laws to United States Immigration and Customs Enforcement (ICE). Defines: (1) "national security zone" as any Southwest Border land designated by the Secretary as being at a high risk for border tunnel activity; and (2) "Southwest Border land" as all parcels of real property in the United States that are located within one mile of the U.S.-Mexico international border and that are not owned by a federal, state, tribal, or local government entity.
Requires the Secretary to submit an annual report describing: (1) cross border tunnels discovered in Southwest Border land; and (2) DHS needs to effectively prevent, investigate, and prosecute border tunnel construction on such land. | {"src": "billsum_train", "title": "A bill to reduce the trafficking of drugs and to prevent human smuggling across the Southwest Border by deterring the construction and use of border tunnels."} | 1,459 | 362 | 0.633845 | 2.142216 | 0.784616 | 4.32716 | 4.166667 | 0.919753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsive and Efficient Appeals
Courts for Heroes Act of 2014''.
SEC. 2. CLASS ACTIONS BEFORE COURT OF APPEALS FOR VETERANS CLAIMS.
(a) Authority for Court of Appeals for Veterans Claims To Hear
Class Actions.--Subchapter II of chapter 72 of title 38, United States
Code, is amended by adding at the end the following new section:
``Sec. 7270. Class actions
``(a) In General.--The Court, acting as a panel or en banc, may
hear class action appeals in accordance with this section.
``(b) Prerequisites.--One or more appellants may bring an action
under this chapter as the representative party of a class on behalf of
all members of the class only if the following criteria are met:
``(1) There is at least one question of law or fact common
to the class.
``(2) The class is likely to consist of at least 50
members.
``(3) The resolution of the common questions of law or fact
is likely to have a material effect on the claims of the
members of the class (including with respect to the process by
which such claims are adjudicated).
``(4) The representative party will fairly and adequately
protect the interests of the class.
``(c) Certification Procedure.--(1) Not later than 60 days after
the date on which an appellant has filed an appeal, the appellant may
file a motion with the Court to certify the appeal as a class action
with respect to an issue that the appellant intends to raise on appeal.
Such motion shall address the prerequisites under subsection (b),
including by defining the class described in paragraph (2) of such
subsection. The Court may waive such 60-day period for good cause
shown, including with respect to instances where the appellant
determined the appropriateness of the class action procedure as a
result of the pleadings filed in the appeal after the filling of the
notice of appeal.
``(2)(A) Upon the filing of a motion under paragraph (1), the
Secretary shall--
``(i) make reasonable efforts to determine the approximate
number of individuals with pending claims for benefits for whom
class certification is sought under such motion; and
``(ii) file a response to such motion that--
``(I) includes the approximate number of
individuals determined under subparagraph (A),
including the efforts made by the Secretary to carry
out such subparagraph (A); and
``(II) addresses the prerequisites under subsection
(b).
``(B) The appellant may file a response to the response of the
Secretary under subparagraph (A).
``(3) At an early practicable time after an appellant has filed a
motion under paragraph (1) to certify the appeal as a class action and
the Secretary has filed a response under paragraph (2)(A), the Court,
acting as a panel or en banc, shall determine by order whether to grant
class certification with respect to an issue considered under the
appeal and allow the appellant to act as the representative party of
the class. Such order shall--
``(A) address the prerequisites under subsection (b); and
``(B) if such class certification is granted under the
order--
``(i) define, with specificity, the class and issue
for which the class is certified; and
``(ii) appoint counsel for the class under
subsection (e).
``(4) The Court, acting as a panel or en banc, may alter or amend
an order issued under this section before final judgment as justice so
requires.
``(5) An order granting class action under paragraph (3) shall
direct the Secretary to notify members of the class who are reasonably
identifiable in a form the Court determines practicable. Such notice
shall state clearly, concisely, and in plain language--
``(A) a definition of the class certified;
``(B) a statement of the common questions of law or fact
that will be subject to resolution by the Court on a class
basis;
``(C) that a member of the class may enter an appearance
through an attorney or nonattorney practitioner if the member
so desires but such action is not necessary;
``(D) any other matters the Court determines appropriate.
``(6) In determining the class under paragraph (3), the Court may
only include individuals who have, as of the date of the entry of
judgment of the Court on the class action, filed a claim and such claim
has not been finally resolved, including any appeals from a denial of
such claim.
``(7) Any judgment in a class action (whether favorable or
unfavorable to the class) shall include a description of the issue
decided, the resolution of the issue, and the individual to whom notice
of the certification of the action was directed.
``(d) Conduct of Appeal.--(1) In hearing a class action, the Court
may issue such orders as are necessary for the efficient and fair
resolution of the action, including with respect to--
``(A) the determination of the manner in which proceedings
will be conducted in order to advance the resolution of the
common questions of law or fact;
``(B) whether additional notices should be made to members
of the class concerning the status of the appeal or any other
matter the Court determines appropriate;
``(C) whether the individual claims of members of the class
should be stayed pursuant to paragraph (2) or any other orders
the Court determines appropriate with respect to the
maintenance of such individuals claims; and
``(D) any other matter the Court determines appropriate.
``(2) The Court may stay, in whole or in part, the individual
claims of members of the class, including on a case-by-case basis,
during the period in which the Court is considering the class action.
In determining whether to issue such a stay, the Court shall consider--
``(A) the views of the parties;
``(B) whether issuance of such a stay would be likely to
decrease the time that members of the class, the
representatives of the class, and the Secretary would have to
expend on the individual claims subject to the stay; and
``(C) whether such a stay is in the interests of justice in
order to preserve the right of the members of the class to
benefit from a favorable resolution of the common questions of
law or fact by eliminating the possibility that individual
claims would be finally denied during the pendency of the class
action.
``(e) Class Counsel.--(1) If the Court certifies a class action,
the Court shall appoint counsel to represent the members of the class.
Regardless of the number of applicants to serve as such a class
counsel, in appointing such class counsel, the Court shall consider the
following matters:
``(A) The work counsel has done in identifying and
preparing for adjudication of the common questions of law or
fact of the class action.
``(B) The experience of counsel in and knowledge of the law
concerning benefits administered under this title.
``(C) The general experience of counsel in appellate
litigation.
``(D) The record of the counsel for professionalism.
``(E) The resources that counsel will commit to
representing the class.
``(F) If an attorney, whether the counsel is a member of a
bar of a State in good standing.
``(G) Such other factors pertinent to the ability of
counsel to fairly and adequately represent the interests of the
class.
``(2) The Court may appoint an interim class counsel if the Court
determines such appointment necessary to protect the interests of the
class during the period preceding an appointment under paragraph (1).
``(3) Class counsel appointed under paragraph (1) or (2), and co-
counsel appointed under paragraph (4), shall fairly and adequately
represent the interests of the class at all times.
``(4) If the Court determines that there is more than one applicant
who is qualified under paragraph (1) to serve as class counsel, the
Court shall appoint the counsel whom the Court determines is best able
to represent the interests of the class. Counsel appointed under this
subsection may be counsel to an organization permitted to intervene
under subsection (f) if such counsel meets the requirements of
paragraph (1).
``(f) Intervention.--An organization named in or approved under
section 5902 of this title may seek leave to intervene in a class
action appeal. Such organization may seek to intervene during the
period beginning on the date on which the motion is filed under
paragraph (1) of subsection (b) and ending on the date that is 60 days
after the date on which the Court grants class certification under
paragraph (3) of such section. The Court shall grant intervention if
the organization has an interest in the common questions of law or fact
in the class action but may limit the intervention to specific matters
determined appropriate by the Court. The Court may issue such other
orders concerning the conduct of an intervenor as the Court determines
necessary for the fair and efficient resolution of the class action.
``(g) Settlement, Voluntary Dismissal, Compromise, or Agreed Upon
Remand.--The appeal of the appellant and a common issue of law or fact
in a class action may be settled, voluntarily dismissed, compromised,
or remanded by agreement only with the permission of the Court. The
following procedures apply to a proposed settlement, voluntary
dismissal, compromise, or agreed upon remand:
``(1) The Court shall direct notice to all members of the
class who are reasonably identifiable and would be bound or
affected by the proposal to settle, dismiss, compromise, or
remand the matter.
``(2) If the proposal to settle, dismiss, compromise, or
remand the matter would bind a member of the class, the Court
may approve such proposal only after a hearing, for which
notice is provided to the class, and on findings that such
proposal is fair, reasonable, and adequate.
``(3) The parties seeing approval of a proposal to settle,
dismiss, compromise, or remand the matter shall file a
statement with the Court identifying any agreement made in
connection with such proposal.
``(4) Any member of the class may object to the proposal to
settle, dismiss, compromise, or remand the matter under any
reasonable means the Court establishes for such objections and
such objection may only be withdrawn with the permission of the
Court.
``(h) Attorneys' Fees and Costs.--Counsel appointed under
subsection (e) to represent the class, and counsel for an intervenor
under subsection (f), may seek an award of fees and costs under section
2412 of title 28. Nothing in this section shall affect any right of
initial counsel for the representative party from also seeking an award
of fees under such section.
``(i) Appeals.--Any member of the class, or individual who would be
a member of the class if class certification was granted under
subsection (c)(3), may appeal any decision of the Court issued under
this section, including an order granting or denying class
certification, under the terms set forth in section 7292 of this title.
The United States Court of Appeals for the Federal Circuit shall have
exclusive jurisdiction to review and decide any such appeal and the
provisions of subsections (d)(1) and (e) of section 7292 of this title
shall be applicable to such appeal.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7269 the following new item:
``7270. Class actions.''.
SEC. 3. SALARY OF JUDGES OF COURT OF APPEALS FOR VETERANS CLAIMS.
Section 7253(e) of title 38, United States Code, is amended by
striking ``district courts'' and inserting ``courts of appeals''. | Responsive and Efficient Appeals Courts for Heroes Act of 2014 - Authorizes the Court of Appeals for Veterans Claims, acting as a panel or en banc, to hear class action appeals in accordance with specified procedures. Allows one or more appellants to bring such a class action as the representative party on behalf of all members of such class if: there is at least one question of law or fact common to the class, the class is likely to consist of at least 50 members, the resolution of the common questions of law or fact is likely to have a material effect on the claims of the members of the class, and the representative party will fairly and adequately protect the interests of the class. Gives an appellant 60 days after filing an appeal to file a motion with the Court to certify the appeal as a class action with respect to an issue that the appellant intends to raise. Allows the Court to waive such 60-day period for good cause shown. Requires the Secretary of Veterans Affairs (VA), upon the filing of such motion, to: (1) make reasonable efforts to determine the approximate number of individuals with pending claims for benefits for whom class certification is sought, and (2) file a response. Requires the Court, after the Secretary has filed such response, to determine by order whether to grant class certification with respect to an issue considered under the appeal and allow the appellant to act as the representative party of the class. Requires that order, if certification is granted, to: (1) define the class and issue for which the class is certified, and (2) appoint counsel for the class. Authorizes the Court, acting as a panel or en banc, to alter or amend an order before final judgement. Requires the Court to include in the class only individuals who have, as of the date of the Court's entry of judgment on the class action, filed a claim that has not been finally resolved. Allows the Court to stay the individual claims of class members during the period the Court is considering the class action. Requires the Court to allow a veterans' organization to intervene in a class action appeal if the organization has an interest in the common questions of law or fact in the class action. Requires the Court's permission before the appeal and a common issue of law or fact may be settled, voluntarily dismissed, compromised, or remanded by agreement. Allows any member of the class, or an individual who would have been a member of the class if certification was granted, to appeal any decision of the Court to the U.S. Court of Appeals for the Federal Circuit. Sets the salary of the Court's judges at the rate applicable to federal appellate court judges. (Currently, their salary is set at the rate applicable to federal district court judges.) | {"src": "billsum_train", "title": "Responsive and Efficient Appeals Courts for Heroes Act of 2014"} | 2,616 | 617 | 0.777271 | 2.540098 | 0.794738 | 5.504554 | 4.644809 | 0.95082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fracturing Regulations are Effective
in State Hands Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydraulic fracturing is a commercially viable practice
that has been used in the United States for more than 60 years
in more than 1,000,000 wells;
(2) the Ground Water Protection Council, a national
association of State water regulators that is considered to be
a leading groundwater protection organization in the United
States, released a report entitled ``State Oil and Natural Gas
Regulations Designed to Protect Water Resources'' and dated May
2009 finding that the ``current State regulation of oil and gas
activities is environmentally proactive and preventive'';
(3) that report also concluded that ``[a]ll oil and gas
producing States have regulations which are designed to provide
protection for water resources'';
(4) a 2004 study by the Environmental Protection Agency,
entitled ``Evaluation of Impacts to Underground Sources of
Drinking Water by Hydraulic Fracturing of Coalbed Methane
Reservoirs'', found no evidence of drinking water wells
contaminated by fracture fluid from the fracked formation;
(5) a 2009 report by the Ground Water Protection Council,
entitled ``State Oil and Natural Gas Regulations Designed to
Protect Water Resources'', found a ``lack of evidence'' that
hydraulic fracturing conducted in both deep and shallow
formations presents a risk of endangerment to ground water;
(6) a January 2009 resolution by the Interstate Oil and Gas
Compact Commission stated ``The states, who regulate
production, have comprehensive laws and regulations to ensure
operations are safe and to protect drinking water. States have
found no verified cases of groundwater contamination associated
with hydraulic fracturing.'';
(7) on May 24, 2011, before the Oversight and Government
Reform Committee of the House of Representatives, Lisa Jackson,
the Administrator of the Environmental Protection Agency,
testified that she was ``not aware of any proven case where the
fracking process itself has affected water'';
(8) in 2011, Bureau of Land Management Director Bob Abbey
stated, ``We have not seen evidence of any adverse effect as a
result of the use of the chemicals that are part of that
fracking technology.'';
(9)(A) activities relating to hydraulic fracturing (such as
surface discharges, wastewater disposal, and air emissions) are
already regulated at the Federal level under a variety of
environmental statutes, including portions of--
(i) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(ii) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(iii) the Clean Air Act (42 U.S.C. 7401 et seq.);
but
(B) Congress has continually elected not to include the
hydraulic fracturing process in the underground injection
control program under the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(10) in 2011, the Secretary of the Interior announced the
intention to promulgate new Federal regulations governing
hydraulic fracturing on Federal land; and
(11) a February 2012 study by the Energy Institute at the
University of Texas at Austin, entitled ``Fact-Based Regulation
for Environmental Protection in Shale Gas Development'', found
that ``[n]o evidence of chemicals from hydraulic fracturing
fluid has been found in aquifers as a result of fracturing
operations''.
SEC. 3. DEFINITION OF FEDERAL LAND.
In this Act, the term ``Federal land'' means--
(1) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(2) National Forest System land;
(3) land under the jurisdiction of the Bureau of
Reclamation; and
(4) land under the jurisdiction of the Corps of Engineers.
SEC. 4. STATE AUTHORITY.
(a) In General.--A State shall have the sole authority to
promulgate or enforce any regulation, guidance, or permit requirement
regarding the treatment of a well by the application of fluids under
pressure to which propping agents may be added for the expressly
designed purpose of initiating or propagating fractures in a target
geologic formation in order to enhance production of oil, natural gas,
or geothermal production activities on or under any land within the
boundaries of the State.
(b) Federal Land.--The treatment of a well by the application of
fluids under pressure to which propping agents may be added for the
expressly designed purpose of initiating or propagating fractures in a
target geologic formation in order to enhance production of oil,
natural gas, or geothermal production activities on Federal land shall
be subject to the law of the State in which the land is located. | Fracturing Regulations are Effective in State Hands Act - Grants any state sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, gas, or geothermal production activities on or under land within the boundaries of that state. Subjects such a well treatment on federal land to state law as well. | {"src": "billsum_train", "title": "Fracturing Regulations are Effective in State Hands Act"} | 1,098 | 122 | 0.444394 | 1.327177 | 0.53497 | 7.148515 | 9.673267 | 0.970297 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Nurse-Midwifery
Care Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since 1988, Congress has authorized certified nurse-
midwives (in this section referred to as ``CNMs'') to provide
maternity-related services to Medicare-eligible women who are
of childbearing age. Approximately 3,000,000 disabled women are
Medicare-eligible beneficiaries. In 1993, Congress authorized
CNMs to also provide additional services outside the maternity
cycle. Medicare reimburses CNMs for primary care services if
those services are part of the practitioner's State-regulated
scope of practice.
(2) In its June 2002 report to Congress, the Medicare
Payment Advisory Commission (MedPAC) unanimously recommended
that the percentage of part B reimbursement for certified
nurse-midwife services to be increased.
(3) In this same report, MedPAC also stated that research
shows the quality of care and outcomes for services provided by
CNMs are at least comparable to obstetricians and
gynecologists.
(4) A 1998 study from the National Center for Health
Statistics published Journal of Epidemiology and Community
Health found the risk of experiencing an infant death was 19
percent lower for births attended by CNMs than for births
attended by physicians. The risk of neonatal mortality (an
infant death occurring in the first 28 days of life) was 33
percent lower, and the risk of delivering a low birth weight
infant was 31 percent lower. Mean birth weight was 37 grams
heavier for the CNM-attended than for the physician-attended
births. Low birth weight is a major predictor of infant
mortality, subsequent disease, or developmental disabilities.
(5) The study also found that CNMs attended a greater
proportion of women who are at higher risk for poor birth
outcome: African Americans, American Indians, teenagers,
unmarried women, and those with less than a high school
education. Physicians attended a slightly higher proportion of
births with medical complications. However, birth outcomes for
CNMs were better even after socio-demographic and medical risk
factors were controlled for in statistical analyses.
(6) Medicare covers 3,000,000 women with disabilities that
are of childbearing age. These women give birth to
approximately 50,000 infants annually within the program.
(7) CNMs and certified midwives (in this section referred
to as ``CMs'') are highly educated health professionals.
Completion of a post-baccalaureate educational program,
licensure, and passage of a national certification examination
are required to become CNMs and CMs.
(8) Inequitable reimbursement for obstetrical and
gynecological services provided by CNMs or CMs jeopardizes
access for women (particularly those covered by Medicare) to
the health care provider of their choice.
SEC. 3. MEDICARE PAYMENT FOR CERTIFIED NURSE-MIDWIFE AND MIDWIFE
SERVICES.
(a) Certified Midwife, Certified Midwife Services Defined.--(1)
Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is
amended by adding at the end the following new paragraphs:
``(3) The term `certified midwife services' means such services
furnished by a certified midwife (as defined in paragraph (4)) and such
services and supplies furnished as an incident to the certified
midwife's service which the certified midwife is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) as would otherwise be payable under this title if furnished
by a physician or as an incident to a physician's service.
``(4) The term `certified midwife' means an individual who has
successfully completed a bachelor's degree from an accredited
educational institution and a program of study and clinical experience
meeting guidelines prescribed by the Secretary, or has been certified
by an organization recognized by the Secretary.''.
(2) The heading in section 1861(gg) of the Social Security Act (42
U.S.C. 1395x(gg)) is amended to read as follows:
``Certified Nurse-Midwife Services; Certified Midwife Services''.
(b) Certified Midwife Service Benefit.--
(1) Medical and other services.--Section 1861(s)(2)(L) of
the Social Security Act (42 U.S.C. 1395x(s)(2)(L)) is amended
by inserting ``and certified midwife services'' before the
semicolon.
(2) Payment to hospital for patients under care of
certified nurse-midwife or certified midwife.--Section
1861(e)(4) of the Social Security Act (42 U.S.C. 1395x(e)(4))
is amended--
(A) by inserting ``(i)'' after ``except that''; and
(B) by inserting before the semicolon the
following: ``and (ii) a patient receiving certified
nurse-midwife services or certified midwife services
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) may be under the care of a certified
nurse-midwife or certified midwife with respect to such services to the
extent permitted under State law''.
(3) Inpatient hospital service at teaching hospitals.--
Section 1861(b) of the Social Security Act (42 U.S.C. 1395x(b))
is amended--
(A) in paragraph (4), by inserting ``certified
midwife services,'' after ``certified nurse-midwife
services,'';
(B) in paragraph (6), by striking ``; or'' and
inserting ``or in the case of services in a hospital or
osteopathic hospital by an intern or resident-in-
training in the field of obstetrics and gynecology,
nothing in this paragraph shall be construed to
preclude a certified nurse-midwife or certified midwife
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) from teaching or supervising such
intern or resident-in-training, to the extent permitted
under State law and as may be authorized by the
hospital; or'';
(C) in paragraph (7), by striking the period at the
end and inserting ``; or''; and
(D) by adding at the end the following new
paragraph:
``(8) a certified nurse-midwife or a certified midwife
where the hospital has a teaching program approved as specified
in paragraph (6), if (A) the hospital elects to receive any
payment due under this title for reasonable costs of such
services, and (B) all certified nurse-midwives or certified
midwives in such hospital agree not to bill charges for
professional services rendered in such hospital to individuals
covered under the insurance program established by this
title.''.
(4) Benefit under part b.--Section 1832(a)(2)(B)(iii) of
the Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is
amended--
(A) by inserting ``(I)'' after ``(iii)'',
(B) by inserting ``certified midwife services,''
after ``certified nurse-midwife services,'', and
(C) by adding at the end the following new
subclause:
``(II) in the case of certified
nurse-midwife services or certified
midwife services furnished in a
hospital which has a teaching program
described in clause (i)(II), such
services may be furnished as provided
under section 1842(b)(7)(E) and section
1861(b)(8);''.
(5) Amount of payment.--Section 1833(a)(1)(K) of the Social
Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended--
(A) by inserting ``and certified midwife services''
after ``certified nurse-midwife services'', and
(B) by striking ``65 percent'' each place it
appears and inserting ``100 percent''.
(6) Assignment of payment.--The first sentence of section
1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6))
is amended--
(A) by striking ``and (F)'' and inserting ``(F)'';
and
(B) by inserting before the period the following:
``, and (G) in the case of certified nurse-midwife
services or certified midwife services under section
1861(s)(2)(L), payment may be made in accordance with
subparagraph (A), except that payment may also be made
to such person or entity (or the agent of such person
or entity) as the certified nurse-midwife or certified
midwife may designate under an agreement between the
certified nurse-midwife or certified midwife and such
person or entity (or the agent of such person or
entity)''.
(7) Clarification regarding payments under part b for such
services furnished in teaching hospitals.--(A) Section
1842(b)(7) of the Social Security Act (42 U.S.C. 1395u(b)(7))
is amended--
(i) in subparagraphs (A) and (C), by inserting
``or, for purposes of subparagraph (E), the conditions
described in section 1861(b)(8),'' after ``section
1861(b)(7),''; and
(ii) by adding at the end the following new
subparagraph:
``(E) In the case of certified nurse-midwife
services or certified midwife services furnished to a
patient in a hospital with a teaching program approved
as specified in section 1861(b)(6) but which does not
meet the conditions described in section 1861(b)(8),
the provisions of subparagraphs (A) through (C) shall
apply with respect to a certified nurse-midwife or a
certified midwife respectively under this subparagraph
as they apply to a physician under subparagraphs (A)
through (C).''.
(B) Not later than 180 days after the date of the enactment
of this Act, the Secretary of Health and Human Services shall
prescribe regulations to carry out the amendments made by
subparagraph (A).
SEC. 4. INTERIM, FINAL REGULATIONS.
Except as provided in section 3(b)(7)(B), in order to carry out the
amendments made by this Act in a timely manner, the Secretary of Health
and Human Services may first promulgate regulations, that take effect
on an interim basis, after notice and pending opportunity for public
comment, by not later than 6 months after the date of the enactment of
this Act. | Improving Access to Nurse-Midwifery Care Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for the coverage of and payment for certified midwife services. (Currently only certified nurse-midwife services are covered.)
Declares that nothing precludes certified nurse-midwives and certified midwives from teaching or supervising an intern or resident-in-training. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for reimbursement of certified midwife services and to provide for more equitable reimbursement rates for certified nurse-midwife services."} | 2,441 | 96 | 0.430656 | 1.14906 | 0.76906 | 3.013889 | 28.805556 | 0.902778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Information Technology Modernization
Act''.
SEC. 2. ESTABLISHMENT OF INFORMATION TECHNOLOGY MODERNIZATION FUND AND
BOARD.
(a) Information Technology Modernization Fund.--
(1) Establishment.--There is established in the Treasury an
Information Technology Modernization Fund (in this section
referred to as the ``Fund'') for technology related activities,
to improve information technology, and to enhance cybersecurity
across the Federal Government.
(2) Administration of fund.--The Administrator of General
Services shall administer the Fund in accordance with this
subsection.
(3) Use of funds.--The Administrator of General Services
may, in accordance with the recommendations of the Information
Technology Modernization Board established in subsection (b),
make use of amounts in the Fund for the following purposes:
(A) To transfer such amounts, to remain available
until expended, to the head of an agency to improve,
retire, or replace existing information technology
systems to enhance cybersecurity and improve efficiency
and effectiveness.
(B) For the development, operation, and procurement
of information technology products, services, and
acquisition vehicles for use by agencies to improve
Governmentwide efficiency and cybersecurity in
accordance with the requirements of the agencies.
(C) To provide services or work performed in
support of the activities described under subparagraph
(A) or (B).
(4) Deposit of funds.--
(A) In general.--Effective on October 1, 2016,
there is appropriated to the Fund, out of any money in
the Treasury not otherwise appropriated,
$3,000,000,000.
(B) Other credits.--The Fund shall be credited with
all reimbursements, advances, or refunds or recoveries
relating to information technology or services provided
through the Fund.
(C) Availability.--Amounts deposited, credited, or
otherwise made available to the Fund shall be available
without regard to fiscal year limitation.
(5) Reimbursement.--
(A) Payment by agency.--For a product or service
developed under paragraph (3), the head of an agency
that uses such product or service shall pay an amount
fixed by the Administrator of General Services in
accordance with this subsection.
(B) Reimbursement by agency.--The head of an agency
shall reimburse the Fund for any transfer made under
paragraph (3)(A) in accordance with the terms
established in the written agreement described in
paragraph (6). Notwithstanding any other provision of
law, an agency may make a reimbursement required by
this subparagraph from any appropriation available for
information technology activities. An obligation to
make a payment under an agreement described in
paragraph (6) in a future fiscal year shall be recorded
pursuant to section 1501 of title 31, United States
Code, in the fiscal year in which the payment is due.
(C) Prices fixed by administrator of general
services.--The Administrator of General Services, in
consultation with the Director of the Office of
Management and Budget, shall establish amounts to be
paid by an agency and terms of repayment for use of a
product or service developed under paragraph (3) at
levels sufficient to ensure the solvency of the Fund,
including operating expenses. Before making any changes
to the established amounts and terms of repayment, the
Administrator of General Services shall conduct a
review and consult with the Director of the Office of
Management and Budget.
(D) Failure to make timely reimbursement.--The
Administrator of General Services may obtain
reimbursement by the issuance of transfer and
counterwarrants, or other lawful transfer documents,
supported by itemized bills, if payment is not made by
a requisitioning agency--
(i) within 90 days after the expiration of
a repayment period described in the written
agreement described in paragraph (6)(A); or
(ii) within 45 days after the expiration of
the time period to make a payment under a
payment schedule for a product or service
developed under paragraph (3).
(6) Written agreement.--
(A) In general.--Before the transfer of funds to an
agency under paragraph (3)(A), the Administrator of
General Services and the head of the requisitioning
agency shall enter into a written agreement documenting
the purpose for which the funds will be used and the
terms of repayment. An agreement made pursuant to this
subparagraph shall be recorded as an obligation as
provided in paragraph (5)(B).
(B) Requirement for use of incremental development
practices.--For any funds transferred to an agency
under paragraph (3)(A), in the absence of compelling
circumstances documented by the Administrator of
General Services at the time of transfer, such funds
shall be transferred only on an incremental basis, tied
to metric-based development milestones achieved by the
agency, to be described in the written agreement
required pursuant to subparagraph (A).
(b) Information Technology Modernization Board.--
(1) Establishment.--There is established an Information
Technology Modernization Board (in this section referred to as
the ``Board'') which shall evaluate all proposals for
modernization submitted by agencies of information technology
used in the Federal Government.
(2) Responsibilities.--The responsibilities of the Board
are to--
(A) provide input to the Director of the Office of
Management and Budget for the development of processes
for agencies to submit modernization proposals to the
Board and to establish the criteria by which such
proposals are evaluated, which shall include addressing
the greatest security and operational risks, having the
greatest Governmentwide impact, and having a high
probability of success based on factors such as a
strong business justification, technical design,
procurement strategy (including adequate use of
incremental development practices), and program
management;
(B) make recommendations to the Administrator of
General Services to assist agencies in the further
development and refinement of select submitted
modernization proposals, based on an initial evaluation
performed with the assistance of the Administrator of
General Services;
(C) review and prioritize, with the assistance of
the Administrator of General Services and the Director
of the Office of Management and Budget, modernization
proposals based on criteria established pursuant to
subparagraph (A);
(D) identify, with the assistance of the
Administrator of General Services, opportunities to
improve or replace multiple information technology
systems with a smaller number of information technology
systems common to multiple agencies;
(E) recommend the funding of agency modernization
proposals, in accordance with the uses in subsection
(a)(3)(A), to the Administrator of General Services;
and
(F) monitor, in consultation with the Administrator
of General Services, progress and performance in
executing approved projects and, if necessary,
recommend the suspension or termination of funding for
projects that fail to meet the terms of the written
agreement described in subsection (a)(6).
(3) Membership.--The Board shall consist of 7 voting
members.
(4) Chair.--The Administrator of the Office of Electronic
Government shall serve as the chair of the Board.
(5) Permanent members.--The permanent members of the Board
shall be the following:
(A) The Administrator of the Office of Electronic
Government.
(B) A senior official from the General Services
Administration, who shall be appointed by the
Administrator of General Services.
(6) Additional members of the board.--
(A) Appointment.--The other members of the Board
shall be appointed as follows:
(i) An employee of the National Institute
of Standards and Technology of the Department
of Commerce, by the Secretary of Commerce.
(ii) An employee of the National Protection
and Programs Directorate of the Department of
Homeland Security, by the Secretary of Homeland
Security.
(iii) Three Federal employees primarily
having technical expertise in information
technology development, financial management,
cybersecurity and privacy, and acquisition, by
the Director of the Office of Management and
Budget.
(B) Term.--Each member of the Board described in
paragraph (A) shall serve a term of one year, which
shall be renewable up to three times, at the discretion
of the appointing Secretary or Director, as applicable.
(7) Prohibition on compensation.--Members of the Board may
not receive additional pay, allowances, or benefits by reason
of their service on the Board.
(8) Staff.--Upon request of the chair of the Board, the
Director of the Office of Management and Budget and the
Administrator of General Services may detail, on a
nonreimbursable basis, any of the personnel of the Office or
the General Services Administration (as the case may be) to the
Board to assist it in carrying out its functions under this
Act.
(c) Responsibilities of the Administrator of General Services.--
(1) In general.--In addition to the responsibilities
described in subsection (a), the Administrator of General
Services shall support the activities of the Board and provide
technical support to, and oversight of, agencies that receive
transfers from the Fund.
(2) Responsibilities.--The responsibilities of the
Administrator of General Services are to--
(A) provide direct technical support in the form of
personnel services or otherwise to agencies transferred
amounts under subsection (a)(3)(A) and for products,
services, and acquisition vehicles funded under
subsection (a)(3)(B);
(B) assist the Board with the evaluation,
prioritization, and development of agency modernization
proposals;
(C) perform regular project oversight and
monitoring of approved agency modernization projects,
in consultation with the Board and the Director of the
Office of Management and Budget, to increase the
likelihood of successful implementations and reduce
waste; and
(D) publish and maintain a list of projects funded
by the Fund on a public dashboard to be updated not
less than quarterly, that includes a description of the
project, project status, and financial expenditure data
related to the project.
(d) Agency Defined.--In this section, the term ``agency'' has the
meaning given that term in section 551 of title 5, United States Code. | Information Technology Modernization Act This bill establishes in the Treasury an Information Technology Modernization Fund for technology related activities, to improve information technology, and to enhance cybersecurity across the federal government. The Fund shall be administered by the General Services Administration (GSA). The GSA may: transfer amounts from the Fund to an agency to improve, retire, or replace existing information technology systems to enhance cybersecurity and improve efficiency and effectiveness; use amounts in the Fund for the development, operation, and procurement of information technology products, services, and acquisition vehicles for use by agencies to improve efficiency and cybersecurity; and use amounts in the Fund to provide services or work performed in support of such activities. An agency shall: (1) reimburse the Fund for any such transfer, and (2) pay a price to be fixed by the GSA for any such product or service the agency uses. The bill establishes an Information Technology Modernization Board, which shall: (1) evaluate proposals for modernization submitted by agencies; (2) make recommendations to the GSA to assist agencies in the further development and refinement of select proposals; and (3) monitor progress and performance in executing approved projects and, if necessary, recommend the suspension or termination of funding. The GSA shall support Board activities and provide technical support to, and oversight of, agencies that receive transfers from the Fund. | {"src": "billsum_train", "title": "Information Technology Modernization Act"} | 2,100 | 269 | 0.723278 | 2.142932 | 0.921562 | 4.36803 | 7.527881 | 0.933086 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yurok Lands Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Federal agency.--The term ``Federal agency'' has the
same meaning given that term in section 1508.12 of title 40,
Code of Federal Regulations, except that such term shall not
include States, units of general local government, and Indian
Tribes.
(2) NEPA.--The term ``NEPA'' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(3) Revised yurok reservation.--The term ``revised Yurok
Reservation'' means the land within the Yurok Reservation
exterior boundary as revised in section 5(a), except land owned
in fee by or held in trust by the United States for the benefit
of a federally recognized Indian Tribe other than the Yurok
Tribe.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, the Secretary of Agriculture, or the Secretary
of Transportation, as appropriate.
(5) Tribe.--The term ``Tribe'' means the Yurok Tribe, a
federally recognized Indian Tribe.
SEC. 3. TRIBAL-FEDERAL PARTNERSHIPS FOR FEDERAL LAND AND RESOURCE
MANAGEMENT.
(a) In General.--For the purposes of any process triggered by a
requirement under NEPA regarding a major Federal action on Federal land
within the revised Yurok Reservation, at the Tribe's option, the Tribe
shall--
(1) act as a joint lead agency in accordance with a
Memorandum of Understanding entered into between the lead
Federal agency and the Tribe not later than 30 days after the
date of notice of initiation of the process; or
(2) act as a participating or cooperating agency if a
Memorandum of Understanding is not executed within the 30-day
period (or an additional time period agreed to by the Tribe and
the Federal lead agency) or is terminated.
(b) Requirements for Memorandum of Understanding.--A Memorandum of
Understanding entered into under this section shall--
(1) be negotiated in good faith;
(2) comply with NEPA regulations; and
(3) include--
(A) the respective roles and responsibilities of
the Tribe and the lead Federal agency in the NEPA
process;
(B) mechanisms for dispute resolution; and
(C) a requirement that environmental impact
statements shall discuss any inconsistency of a
proposed action with any plan or environmental
requirement of the Tribe (whether or not federally
sanctioned), and, where such an inconsistency exists, a
requirement that the environmental impact statement
shall describe--
(i) the extent to which the lead Federal
agency would reconcile its proposed action with
the plan or environmental requirement; and
(ii) what mitigation measures are being
imposed to lessen adverse environmental impacts
of the proposal identified by the Tribe.
(c) Cooperating Agency.--For the purpose of any process triggered
by a requirement under NEPA regarding a major Federal action on Federal
land that may affect the revised Yurok Reservation, at the option of
the Tribe, the Tribe shall act as a cooperating agency.
(d) No Limitation on Existing Authority.--Nothing in this section
shall limit ability of the Tribe or any other federally recognized
Indian Tribe to participate in any process triggered by a requirement
under NEPA as a joint lead or a cooperating agency.
(e) Cooperative Agreements With the Tribe.--
(1) Redwood national park.--The Secretary shall enter into
a cooperative agreement with the Tribe for system unit natural
resource protection for the purpose of protecting natural
resources of Redwood National Park pursuant to section 101702
of title 54, United States Code.
(2) Forest service.--The Secretary of Agriculture shall
enter into a cooperative agreement with the Tribe that
includes, at a minimum, provisions that implement section 4.
(3) Tribe as an agency.--The Tribe shall be considered a
State or local government agency for purposes of section 101703
of title 54, United States Code, and the Secretary shall enter
into a cooperative management agreement with the Tribe pursuant
to that section.
(4) Confirmation and authorization of cooperative agreement
related to the klamath river basin.--The 2006 ``Cooperative
Agreement between the Department of the Interior and the Yurok
Tribe for the Cooperative Management of Tribal and Federal
Lands and Resources in the Klamath River Basin of California''
is confirmed and the Secretary is authorized to take such
actions as are necessary to effectuate the agreement.
(f) Self-Governance Agreements.--Federal agencies, as appropriate,
shall negotiate, in good faith, self-governance agreements under this
Act pursuant to the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.). Program functions, services, and
activities, or portions thereof, carried out by the National Park
Service on Federal land within the revised Yurok Reservation shall be
included in a contract or compact to the extent allowed under title I
or title IV of the Indian Self-Determination and Education Assistance
Act.
SEC. 4. LAND TO BE HELD IN TRUST FOR THE TRIBE.
(a) In General.--Subject to any valid existing rights, the
Secretary of Agriculture shall transfer to the Secretary of the
Interior administrative jurisdiction over approximately 1,229 acres in
the Yurok Experimental Forest administered by the Forest Service, as
generally depicted on the map entitled ``Experimental Forest'' and
dated October 4, 2016. The map shall be on file and available for
public inspection in the appropriate offices of the Forest Service.
(b) Administration.--The Secretary of the Interior shall hold the
land transferred under subsection (a) in trust for the benefit of the
Tribe.
(c) Tribal Land Use Management Plan.--The Tribe shall develop a
Tribal Land Use Management Plan in accordance with NEPA requirements
for the land held in trust pursuant to subsection (b).
(d) Government-to-Government Agreements.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Agriculture and the Tribe--
(1) shall enter into government-to-government
consultations;
(2) shall develop protocols to ensure that research
activities of the Forest Service on lands taken into trust
pursuant to subsection (b) shall continue in perpetuity; and
(3) may enter into cooperative agreements between the
Secretary of Agriculture and the Tribe for the purpose of
implementing this section.
(e) Survey.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Interior shall complete a
survey to establish the exterior boundaries of the land taken into
trust pursuant to subsection (b).
(f) Use of Trust Land.--Land taken into trust pursuant to
subsection (b) shall--
(1) be managed by the Tribe for conservation and research
purposes;
(2) not be eligible or used for any gaming activity carried
out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.); and
(3) not be subject to old growth logging.
SEC. 5. YUROK RESERVATION BOUNDARY ADJUSTMENT.
(a) In General.--The Secretary shall revise the boundary of the
Yurok Reservation as depicted on the map entitled ``Revised Yurok
Reservation Boundary'' and dated September 20, 2017, copies of which
shall be on file and available for public inspection in the appropriate
offices of the Bureau of Indian Affairs.
(b) Land Management.--Subject to the requirements of sections 3 and
4--
(1) all National Forest System land within the revised
Yurok Reservation shall continue to be administered by the
Forest Service in accordance with applicable laws and
regulations; and
(2) all National Park System land within the revised Yurok
Reservation shall continue to be administered by the National
Park Service in accordance with applicable laws and
regulations.
SEC. 6. YUROK SCENIC BYWAY DESIGNATION.
(a) Designation of the Yurok Scenic Byway.--Bald Hills Road from
its junction with U.S. Highway 101 to its terminus on the Klamath River
shall be designated as the ``Yurok Scenic Byway'', an Indian Tribe
scenic byway, and the Tribe shall be eligible for appropriate grants
and technical assistance as authorized in section 162(b) of title 23,
United States Code.
(b) Continued Access and Use Retained.--The Tribe shall not
prohibit or limit, and the Secretary of Interior shall allow, continued
access and use of the Bald Hills Road in accordance with section
3(b)(1) of the Act entitled ``An Act to establish a Redwood National
Park in the State of California, and for other purposes'', approved
October 2, 1968 (16 U.S.C. 79c).
SEC. 7. CONFIRMATION OF GOVERNING BODY AND DOCUMENTS.
The governing documents of the Tribe and the governing body
established and elected thereunder, as recognized by the Secretary and
in effect on the date of the enactment of this Act, are hereby ratified
and confirmed and shall only have effect within the revised Yurok
Reservation.
SEC. 8. NO DELEGATION OF FEDERAL AUTHORITY OVER NON-TRIBAL LAND OR
PEOPLE.
Nothing in this Act (including the ratification and confirmation by
section 7 of the governing documents of the Tribe and the governing
body established and elected thereunder) shall be construed as a
delegation of Federal or other authority to the Tribe, the Tribal body,
or any member of the Tribe, over or related to land or interests in
land that are not within the revised Yurok Reservation.
SEC. 9. NO ADDITIONAL AUTHORITY OR RIGHTS.
Nothing in this Act shall increase, diminish, or otherwise affect
the rights, privileges, or authorities of any federally recognized
Indian Tribe in relation to any other federally recognized Indian
Tribe. | Yurok Lands Act This bill gives the Yurok Tribe the option to expand its role in the environmental review process under the National Environmental Policy Act of 1969 with respect to major federal actions within: (1) the Revised Yurok Reservation, and (2) specified areas within the Klamath and Redwood Creek Watersheds. The Department of the Interior must enter into a cooperative agreement with the tribe for protecting the natural resources of Redwood National Park. The bill confirms the 2006 "Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California" and authorizes Interior to implement the agreement. The Forest Service must transfer 1,229 acres in the Yurok Experimental Forest to Interior. That land must be held in trust for the benefit of the tribe and be managed by the tribe for conservation and research purposes. The trust land may not be: (1) used for gaming activity, and (2) subject to old growth logging. Interior must revise the boundary of the reservation as depicted on the map titled "Revised Yurok Reservation Boundary" and dated December 7, 2016. National Forest System land and National Park System land within the revised reservation must be administered by the Forest Service and the National Park Service, respectively. The bill designates the Bald Hills Road, which runs from U.S. Highway 101 to the Klamath River, as the "Yurok Scenic Byway." The bill ratifies and confirms the tribe's governing documents. | {"src": "billsum_train", "title": "Yurok Lands Act"} | 2,271 | 353 | 0.534266 | 1.610062 | 0.730492 | 3.584507 | 6.897887 | 0.873239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marijuana Justice Act of 2017''.
SEC. 2. DE-SCHEDULING MARIHUANA.
(a) Marihuana Removed From Schedule of Controlled Substances.--
Subsection (c) of schedule I of section 202(c) of the Controlled
Substances Act (21 U.S.C. 812) is amended--
(1) by striking ``marihuana''; and
(2) by striking ``tetrahydrocannabinols''.
(b) Removal of Prohibition on Import and Export.--Section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(2) in paragraph (2)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(3) in paragraph (3), by striking ``paragraphs (1), (2),
and (4)'' and inserting ``paragraphs (1) and (2)'';
(4) by striking paragraph (4); and
(5) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively.
(c) Conforming Amendments to Controlled Substances Act.--The
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102(44) (21 U.S.C. 802(44)), by striking
``marihuana,'';
(2) in section 401(b) (21 U.S.C. 841(b))--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (vi), by inserting
``or'' after the semicolon;
(II) by striking (vii); and
(III) by redesignating clause
(viii) as clause (vii);
(ii) in subparagraph (B)--
(I) by striking clause (vii); and
(II) by redesignating clause (viii)
as clause (vii);
(iii) in subparagraph (C), in the first
sentence, by striking ``subparagraphs (A), (B),
and (D)'' and inserting ``subparagraphs (A) and
(B)'';
(iv) by striking subparagraph (D);
(v) by redesignating subparagraph (E) as
subparagraph (D); and
(vi) in subparagraph (D)(i), as so
redesignated, by striking ``subparagraphs (C)
and (D)'' and inserting ``subparagraph (C)'';
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively;
(3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by
striking ``, marihuana,'';
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking
``, marihuana,'';
(5) in section 418(a) (21 U.S.C. 859(a)), by striking the
last sentence;
(6) in section 419(a) (21 U.S.C. 860(a)), by striking the
last sentence;
(7) in section 422(d) (21 U.S.C. 863(d))--
(A) in the matter preceding paragraph (1), by
striking ``marijuana,''; and
(B) in paragraph (5), by striking ``, such as a
marihuana cigarette,''; and
(8) in section 516(d) (21 U.S.C. 886(d)), by striking
``section 401(b)(6)'' each place the term appears and inserting
``section 401(b)(5)''.
(d) Other Conforming Amendments.--
(1) National forest system drug control act of 1986.--The
National Forest System Drug Control Act of 1986 (16 U.S.C. 559b
et seq.) is amended--
(A) in section 15002(a) (16 U.S.C. 559b(a)) by
striking ``marijuana and other'';
(B) in section 15003(2) (16 U.S.C. 559c(2)) by
striking ``marijuana and other''; and
(C) in section 15004(2) (16 U.S.C. 559d(2)) by
striking ``marijuana and other''.
(2) Interception of communications.--Section 2516 of title
18, United States Code, is amended--
(A) in subsection (1)(e), by striking
``marihuana,''; and
(B) in subsection (2) by striking ``marihuana,''.
SEC. 3. INELIGIBILITY FOR CERTAIN FUNDS.
(a) Definitions.--In this section--
(1) the term ``covered State'' means a State that has not
enacted a statute legalizing marijuana in the State;
(2) the term ``disproportionate arrest rate'' means--
(A) the percentage of minority individuals arrested
for a marijuana related offense in a State is higher
than the percentage of the non-minority individual
population of the State, as determined by the most
recent census data; or
(B) the percentage of low-income individuals
arrested for a marijuana offense in a State is higher
than the percentage of the population of the State that
are not low-income individuals, as determined by the
most recent census data;
(3) the term ``disproportionate incarceration rate'' means
the percentage of minority individuals incarcerated for a
marijuana related offense in a State is higher than the
percentage of the non-minority individual population of the
State, as determined by the most recent census data;
(4) the term ``low-income individual'' means an individual
whose taxable income (as defined in section 63 of the Internal
Revenue Code of 1986) is equal to or below the maximum dollar
amount for the 15 percent rate bracket applicable to the
individual under section 1 of the Internal Revenue Code of
1986;
(5) the term ``marijuana'' has the meaning given the term
``marihuana'' in section 102 of the Controlled Substances Act
(21 U.S.C. 802); and
(6) the term ``minority individual'' means an individual
who is a member of a racial or ethnic minority group.
(b) Ineligibility for Certain Funds.--
(1) In general.--For any fiscal year beginning after the
date of enactment of this Act in which the Attorney General,
acting through the Director of the Bureau of Justice
Assistance, determines that a covered State has a
disproportionate arrest rate or a disproportionate
incarceration rate for marijuana offenses, the covered State--
(A) shall not be eligible to receive any Federal
funds for the construction or staffing of a prison or
jail; and
(B) 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 covered State
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.), whether characterized as 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) Funds for certain programming.--For purposes of
paragraph (1)(A), Federal funds for the construction or
staffing of a prison or jail shall not include Federal funds
used by a prison or jail to carry out recidivism reduction
programming or drug addiction treatment.
(3) Reallocation.--Any amounts not awarded to a covered
State because of a determination under paragraph (1) shall be
deposited in the Community Reinvestment Fund established under
section 4.
(c) Expungement of Marijuana Offense Convictions.--Each Federal
court shall issue an order expunging each conviction for a marijuana
use or possession offense entered by the court before the date of
enactment of this Act.
(d) Sentencing Review.--
(1) In general.--For any individual who was sentenced to a
term of imprisonment for a Federal criminal offense involving
marijuana before the date of enactment of this Act and is still
serving such term of imprisonment, the court that imposed the
sentence, shall, on motion of the individual, the Director of
the Bureau of Prisons, the attorney for the Government, or the
court, conduct a sentencing hearing.
(2) Potential reduced resentencing.--After a sentencing
hearing under paragraph (1), a court may impose a sentence on
the individual as if this Act, and the amendments made by this
Act, were in effect at the time the offense was committed.
(e) Right of Action.--
(1) In general.--An individual who is aggrieved by a
disproportionate arrest rate or a disproportionate
incarceration rate of a State may bring a civil action in an
appropriate district court of the United States.
(2) Relief.--In a civil action brought under this
subsection in which the plaintiff prevails, the court shall--
(A) grant all necessary equitable and legal relief,
including declaratory relief; and
(B) issue an order requiring the Attorney General,
acting through the Director of the Bureau of Justice
Assistance, to--
(i) declare the State to be ineligible to
receive any Federal funds for the construction
or staffing of a prison or jail in accordance
with subsection (b)(1)(A); and
(ii) reduce grant funding of the State in
accordance with subsection (b)(1)(B).
SEC. 4. COMMUNITY REINVESTMENT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Community Reinvestment
Fund'' (referred to in this section as the ``Fund'').
(b) Deposits.--The Fund shall consist of--
(1) any amounts not awarded to a covered State because of a
determination under section 3(b)(1); and
(2) any amounts otherwise appropriated to the Fund.
(c) Use of Fund Amounts.--Amounts in the Fund shall be available to
the Secretary of Housing and Urban Development to establish a grant
program to reinvest in communities most affected by the war on drugs,
which shall include providing grants to impacted communities for
programs such as--
(1) job training;
(2) reentry services;
(3) expenses related to the expungement of convictions;
(4) public libraries;
(5) community centers;
(6) programs and opportunities dedicated to youth;
(7) the special purpose fund discussed below; and
(8) health education programs.
(d) Availability of Fund Amounts.--Amounts in the Fund shall be
available without fiscal year limitation.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund $500,000,000 for each of fiscal years 2018
through 2040. | Marijuana Justice Act of 2017 This bill amends the Controlled Substances Act: to remove marijuana and tetrahydrocannabinols from schedule I; and to eliminate criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute marijuana. It prohibits and reduces certain federal funds for a state without a statute legalizing marijuana, if the Bureau of Justice Assistance determines that such a state has a disproportionate arrest rate or disproportionate incarceration rate for marijuana offenses. The bill directs federal courts to expunge convictions for marijuana use or possession. Finally, it establishes in the Treasury the Community Reinvestment Fund. Amounts in the fund may be used by the Department of Housing and Urban Development to establish a grant program to reinvest in communities most affected by the war on drugs. | {"src": "billsum_train", "title": "Marijuana Justice Act of 2017"} | 2,695 | 197 | 0.412679 | 1.034032 | 0.605069 | 3.120805 | 15.302013 | 0.812081 |
SEC. 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Seven-Year
Balanced Budget Enforcement Act of 1995''.
(b) Purpose.--This Act extends and reduces the discretionary
spending limits and extends the pay-as-you-go requirements.
SEC. 2. DISCRETIONARY SPENDING LIMITS.
(a) Limits.--Section 601(a)(2) of the Congressional Budget Act of
1974 is amended by striking subparagraphs (A), (B), (C), (D), and (F),
by redesignating subparagraph (E) as subparagraph (A) and by striking
``and'' at the end of that subparagraph, and by inserting after
subparagraph (A) the following new subparagraphs:
``(B) with respect to fiscal year 1996, for the
discretionary category: $________ in new budget
authority and $________ in outlays;
``(C) with respect to fiscal year 1997, for the
discretionary category: $________ in new budget
authority and $________ in outlays;
``(D) with respect to fiscal year 1998, for the
discretionary category: $________ in new budget
authority and $________ in outlays;
``(E) with respect to fiscal year 1999, for the
discretionary category: $________ in new budget
authority and $________ in outlays;
``(F) with respect to fiscal year 2000, for the
discretionary category: $________ in new budget
authority and $________ in outlays;
``(G) with respect to fiscal year 2001, for the
discretionary category: $________ in new budget
authority and $________ in outlays; and
``(H) with respect to fiscal year 2002, for the
discretionary category: $________ in new budget
authority and $________ in outlays;''.
(b) Committee Allocations and Enforcement.--Section 602 of the
Congressional Budget Act of 1974 is amended--
(1) in subsection (c), by striking ``1995'' and inserting
``2002'' and by striking its last sentence; and
(2) in subsection (d), by striking ``1992 to 1995'' in the
side heading and inserting ``1996 to 2002'' and by striking
``1992 through 1995'' and inserting ``1996 through 2002''.
(c) Term of Budget Resolutions.--Section 606 of the Congressional
Budget Act of 1974 is amended--
(1) in the sideheading of subsection (a), by striking ``5-
Year'' and inserting ``Term of'';
(2) in subsection (a), by striking ``1992, 1993, 1994, or
1995'' and inserting ``1996 or any fiscal year thereafter
through 2002'' and by inserting ``at least'' before ``each'';
and
(3) in subsection (d)(1), by striking ``1992, 1993, 1994,
and 1995'' and inserting ``1996 or any fiscal year thereafter
through 2002'', and by striking ``(i) and (ii)''.
(d) Effective Date.--Section 607 of the Congressional Budget Act of
1974 is amended by striking ``1991 to 1998'' and inserting ``1996 to
2002''.
(e) Sequestration Regarding Violent Crime Reduction Trust Fund.--
(1) Section 251A(b)(1) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by striking subparagraphs (B), (C), and
(D) and its last sentence and inserting the following:
``(B) For fiscal year 1996, $______.
``(C) For fiscal year 1997, $______.
``(D) For fiscal year 1998, $______.
``(E) For fiscal year 1999, $______.
``(F) For fiscal year 2000, $______.''.
(2) Section 310002 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14212) is repealed.
SEC. 3. GENERAL STATEMENT AND DEFINITIONS.
(a) General Statement.--Section 250(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking the first
sentence and inserting the following: ``This part provides for the
enforcement of deficit reduction by reducing and extending the
discretionary spending limits though fiscal year 2002 and permanently
extending pay-as-you-go requirements.''.
(b) Definitions.--Section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) The term `category' means--
``(A) For fiscal years 1996 through 2000, all
discretionary appropriations except those subject to
section 251A; and
``(B) For fiscal year 2001 and any subsequent
fiscal year, all discretionary appropriations.'';
(2) by striking paragraph (6) and inserting the following:
``(6) The term `budgetary resources' means new budget
authority, unobligated balances, direct spending authority, and
obligation limitations.'';
(3) in paragraph (9), by striking ``1992'' and inserting
``1996''; and
(4) in paragraph (14), by striking ``through fiscal year
1995''.
SEC. 4. ENFORCING DISCRETIONARY SPENDING LIMITS.
Section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended--
(1) in the side heading of subsection (a), by striking
``1991-1998'' and inserting ``1996-2002'';
(2) in the first sentence of subsection (b)(1), by striking
``1992, 1993, 1994, 1995, 1996, 1997 or 1998'' and inserting
``1997 or any fiscal year thereafter through 2002'' and by
striking ``through 1998'' and inserting ``through 2002'';
(3) in subsection (b)(1), by striking ``the following:''
and all that follows through ``The adjustments'' and inserting
``the following: the adjustments'' and by striking
subparagraphs (B) and (C);
(4) in subsection (b)(2), by striking ``1991, 1992, 1993,
1994, 1995, 1996, 1997, or 1998'' and inserting ``1996 or any
fiscal year thereafter through 2002'' and by striking ``through
1998'' and inserting ``through 2002'';
(5) in subsection (b)(2)(E), by striking clauses (i), (ii),
and (iii) and by striking ``(iv) if, for fiscal years 1994,
1995, 1996, 1997, and 1998'' and inserting ``If, for fiscal
years 1996 through 2002''; and
(6) in subsection (b)(2)(F), by striking everything after
``the adjustment in outlays'' and inserting ``for a category
for a fiscal year is the amount of the excess but not to exceed
0.5 percent of the adjusted discretionary spending limit on
outlays for that fiscal year in fiscal year 1996 or any fiscal
year thereafter through 2002.''.
SEC. 5. ENFORCING PAY-AS-YOU-GO.
(a) Extension.--Section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(A) in the side heading of subsection (a), by striking
``Fiscal Years 1992-1998''; and
(B) in subsection (e), by striking ``, for fiscal year 1991
through 1998,'' and by striking ``through 1995''.
(b) Rolling Pay-As-You-Go Scorecard.--Section 252(d) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
striking ``each fiscal year through fiscal year 1998'' each place it
appears and inserting ``the current year (if applicable), the budget
year, and each of the first 4 outyears''.
SEC. 6. REPORTS AND ORDERS.
Section 254 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended--
(1) in subsection (d)(2), by striking ``1998'' and
inserting ``2002''; and
(2)(A) in subsection (g)(2)(A), by striking ``1998'' and
inserting ``2002''; and
(B) in subsection (g)(3), by striking ``in each outyear
through 1998'' and inserting ``in each of the 4 ensuing
outyears''.
SEC. 7. TECHNICAL CORRECTION.
Section 258 of the Balanced Budget and Emergency Deficit Control
Act of 1985, entitled ``Modification of Presidential Order'', is
repealed.
SEC. 8. SPECIAL RULE ON INTERRELATIONSHIP BETWEEN CHANGES IN
DISCRETIONARY SPENDING LIMITS AND PAY-AS-YOU-GO
REQUIREMENTS.
(a)(1) Section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by adding at the end the following new
subsection:
``(f) Special Rule on Interrelationship between Sections 251, 251A,
and 252.--Whenever the Committee on the Budget of the House of
Representatives or the Senate reports legislation that decreases the
discretionary spending limits for budget authority and outlays for a
fiscal year under section 601(a)(2) of the Congressional Budget Act of
1974 or in section 251A(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985, or both, then, for purposes of subsection (b), an
amount equal to that decrease in the discretionary spending limit for
outlays shall be treated as direct spending legislation decreasing the
deficit for that fiscal year.''.
(2) Section 310(a) of the Congressional Budget Act of 1974 is
amended by striking ``or'' at the end of paragraph (3), by
redesignating paragraph (4) as paragraph (5) and by striking ``and
(3)'' in such redesignated paragraph (5) and inserting ``(3), and
(4)'', and by inserting after paragraph (3) the following new
paragraph:
``(4) carry out section 252(f) of the Balanced Budget and
Emergency Deficit Control Act of 1985; or''.
(b) For purposes of section 252(f) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (as amended by subsection
(a)(1))--
(1)(A) reductions in the discretionary spending limit for
outlays under 601(a)(2) of the Congressional Budget Act of 1974
for each of fiscal years 1999 through 2002 under section 2
shall be measured as reductions from the discretionary spending
limit for outlays for fiscal year 1998 as in effect immediately
before the enactment of this Act; and
(B) reductions in the discretionary spending limit for
outlays under section 251A(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 for each of fiscal years
1996 through 2000 under section 2 shall be measured as
reductions in outlays for that fiscal year under section
251A(b) as in effect immediately before the enactment of this
Act; and
(2)(A) except as provided by subparagraph (B), reductions
for any fiscal year in the discretionary spending limit for
outlays under section 601(a)(2) of the Congressional Budget Act
of 1974 or section 251A(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985 made by any Act enacted after the
date of enactment of this Act shall be measured as reductions
from the discretionary spending limit for outlays for that
fiscal year under section 601(a)(2) of the Congressional Budget
Act of 1974 or section 251A(b) (as applicable) immediately
before the enactment of that Act; and
(B) if, in the case of any reduction referred to in
subparagraph (A), no discretionary spending limit is in effect
for that fiscal year immediately before the applicable date of
enactment, then the reduction shall be measured against the
spending limit under that section for the last fiscal year for
which a spending limit is in effect.
SEC. 9. EFFECTIVE DATE.
(a) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) by striking ``Part C of this title, section'' and
inserting ``Sections 251, 253, 258B, and''; and
(2) by striking ``1995'' and inserting ``2002''.
(b) Expiration.--Section 14002(c)(3) of the Omnibus Budget
Reconciliation Act of 1993 (2 U.S.C. 900 note; 2 U.S.C. 665 note) is
repealed. | Seven-Year Balanced Budget Enforcement Act of 1995 - Amends the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 to provide for the enforcement of deficit reduction by reducing and extending the discretionary spending limits through FY 2002 and permanently extending the pay-as-you-go requirements. | {"src": "billsum_train", "title": "Seven-Year Balanced Budget Enforcement Act of 1995"} | 2,964 | 75 | 0.536645 | 1.196692 | 0.907747 | 5.516667 | 44.733333 | 0.95 |
SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF SELF-TAPPING SCREWS.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, upon proper
request filed with the United States Customs Service within 180 days
after the date of the enactment of this Act, the Customs Service--
(1) shall reliquidate each entry described in subsection
(c) containing any merchandise which, at the time of original
liquidation, had been classified under subheading 7318.12 of
the Harmonized Tariff Schedule of the United States (relating
to wood screws); and
(2) shall reliquidate such merchandise under subheading
7318.14 of the Harmonized Tariff Schedule of the United States
(relating to self-tapping screws), depending upon their
diameter, at the rate of duty then applicable for such
merchandise.
(b) Payment of Amounts Owed.--Any amounts owed by the United States
pursuant to the reliquidation of an entry under subsection (a) shall be
paid within 180 days after the date on which the request is made.
(c) Affected Entries.--The entries referred to in subsection (a),
filed at the port of Philadelphia, are as follows:
------------------------------------------------------------------------
Entry No. Date of entry Liquidation Date
------------------------------------------------------------------------
Av1-0893629-3 08-11-93 01-14-94
Av1-0893735-8 09-09-93 01-14-94
Av1-0893766-3 09-20-93 01-14-94
Av1-0893809-1 10-13-93 01-14-94
Av1-0893810-9 10-11-93 01-14-94
Av1-0893811-7 10-06-93 01-14-94
Av1-0893846-3 10-19-93 03-18-94
Av1-0893872-9 10-25-93 01-14-94
Av1-0893873-7 10-25-93 01-14-94
Av1-0893904-0 11-02-93 03-18-94
Av1-0893913-1 11-08-93 01-14-94
Av1-0893936-2 11-15-93 01-14-94
Av1-0893949-5 11-18-93 01-14-94
Av1-0893963-6 11-22-93 01-14-94
Av1-0893981-8 11-30-93 03-18-94
Av1-0894012-1 12-06-93 03-18-94
Av1-0894013-9 12-06-93 03-18-94
Av1-0894057-6 12-20-93 03-18-94
Av1-0894058-4 12-20-93 03-18-94
Av1-0894095-6 12-29-93 04-01-94
Av1-0894100-4 01-05-94 04-01-94
Av1-0894108-7 01-04-94 04-22-94
Av1-0894159-0 01-31-94 05-20-94
Av1-0894222-6 02-14-94 04-08-94
Av1-0894245-7 02-19-94 04-08-94
Av1-0894274-7 02-25-94 04-08-94
Av1-0894298-6 03-07-94 04-22-94
Av1-0894299-4 03-08-94 04-22-94
Av1-0894335-6 03-14-94 05-06-94
Av1-0894348-9 03-17-94 05-06-94
Av1-0894355-4 03-30-94 05-06-94
Av1-0894382-8 03-24-94 06-17-94
Av1-0894420-6 04-06-94 06-17-94
Av1-0894429-7 04-11-94 06-24-94
Av1-0894356-2 04-04-94 08-12-94
Av1-0894516-1 05-23-94 07-29-94
Av1-0894517-9 05-23-94 07-29-94
Av1-0894531-0 06-01-94 07-29-94
Av1-0894570-8 05-27-94 09-30-94
Av1-0894580-7 05-31-94 07-29-94
Av1-0894606-0 06-07-94 07-29-94
Av1-0894607-8 06-15-94 07-29-94
Av1-0894608-6 06-06-94 07-29-94
Av1-0894661-5 06-21-94 08-19-94
Av1-0894682-1 06-24-94 08-12-94
Av1-0894685-4 07-05-94 08-12-94
Av1-0894697-9 07-06-94 08-12-94
Av1-0894698-7 07-12-94 08-12-94
Av1-0894820-7 07-27-94 09-16-94
Av1-0894910-6 08-18-94 09-30-94
------------------------------------------------------------------------ | Provides, upon request, for the reliquidation of certain entries of self-tapping screws. | {"src": "billsum_train", "title": "To provide for the reliquidation of certain entries of self-tapping screws."} | 1,169 | 24 | 0.437985 | 1.171107 | -0.373767 | 4.705882 | 68.117647 | 0.941176 |
SECTION 1. SHORT TITLE AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Rocky Mountain
National Park Wilderness Act''.
(b) Purpose.--The purpose of this Act is to designate as wilderness
certain land within the Rocky Mountain National Park, Colorado, in
order to protect--
(1) the enduring scenic and historic wilderness character
and unique wildlife values of the land; and
(2) the scientific, educational, inspirational, and
recreational resources, values, and opportunities of the land.
SEC. 2. DESIGNATION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.
(a) Designation.--Certain land within the Rocky Mountain National
Park, Colorado, which comprises approximately 249,339 acres, as
generally depicted on the map titled ``Rocky Mountain National Park,
Colorado Wilderness Boundaries'' and dated February 2006, is hereby
designated as wilderness. The designated land shall be known as the
``Rocky Mountain National Park Wilderness'' (referred to in this Act as
the ``Wilderness'').
(b) Map and Description.--
(1) Preparation and submission.--As soon as practicable
after the date of enactment of this Act, the Secretary of the
Interior (referred to in this Act as the ``Secretary'') shall--
(A) prepare a map and a boundary description of the
Wilderness; and
(B) file the map and boundary description prepared
under subparagraph (A) with the Committee on Resources
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(2) Availability.--The map and boundary description
prepared under paragraph (1)(A) shall be on file and available
for public inspection in the Office of the Director of the
National Park Service, Department of the Interior.
(3) Force and effect.--The map and boundary description
prepared under paragraph (1)(A) shall have the same force and
effect as if included in this Act.
(4) Correction of errors.--The Secretary may correct
clerical and typographical errors in the map and boundary
description.
(c) Exclusion of Certain Land.--The boundaries of the Wilderness
specifically exclude the following:
(1) The Grand River Ditch (as used in this Act, the ``Grand
River Ditch'' includes the main canal of the Grand River Ditch
and a branch thereof known as the Specimen Ditch, their
appurtenances and right-of-way, access roads, improvements,
structures, buildings, camps, and work sites associated with
the Grand River Ditch and the Specimen Ditch that were in
existence as of June 1, 1998); land 200 feet on each side of
the marginal limits of the Grand River Ditch, where the 200
foot exclusion on each side of the Grand River Ditch shall not
follow the topography of the land, but rather, shall be
measured by a horizontal, level projection from the marginal
limits of the Grand River Ditch; and the land down-slope from
the Grand River Ditch upon which rock, debris, and other
materials have been deposited during the construction,
improvement, maintenance, and repair of the Grand River Ditch.
(2) Land owned by the St. Vrain & Left Hand Water
Conservancy District, including Copeland Reservoir and the
Inlet Ditch to such reservoir from the North St. Vrain Creek,
amounting to approximately 35.38 acres.
(3) Land owned by the Wincentsen-Harms Trust, amounting to
approximately 2.75 acres.
(4) Land within the area depicted as ``East Shore Trail
Area'' on the map described in subsection (b).
(d) East Shore Trail Area.--
(1) Alignment line and trail.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
establish an alignment line for a trail, to be known as
the ``East Shore Trail'', located within the East Shore
Trail Area, to maximize the opportunity for sustained
use of the trail without harm to affected resources.
(B) Boundaries.--After establishing the alignment
line under subparagraph (A), the Secretary shall
identify the boundaries of the trail, but the trail
shall not extend more than 25 feet east of the
alignment line or be located within the Wilderness.
(C) Effect.--Nothing in this Act shall be construed
to--
(i) require the construction of a trail
along the alignment line established pursuant
to this paragraph; or
(ii) limit the extent to which any
otherwise applicable laws or policies shall
apply with respect to any decision regarding
construction of the trail.
(2) Map adjustment.--After establishing the alignment line
of the East Shore Trail, the Secretary shall adjust the map of
the Wilderness so that the western boundary of the wilderness
is 50 feet east of the alignment line.
(3) Other adjustments.--To the extent necessary to protect
National Park resources, the Secretary from time to time may
adjust the boundaries of the East Shore Trail without reducing
the size of the trail, but no adjustment shall have the effect
of placing any portion of such trail within the boundary of the
Wilderness.
(e) Relation to Land Outside Wilderness.--
(1) Use of land.--Except as provided in this subsection,
nothing in this Act shall affect the management or use of any
land not included within the boundaries of the Wilderness.
(2) Use of motorized vehicles.--No use of motorized
vehicles or other motorized machinery not permitted on March 1,
2006, shall be allowed in the East Shore Trail Area, except as
may be necessary for constructing or maintaining the East Shore
Trail, if such construction is authorized by the Secretary.
SEC. 3. MANAGEMENT OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.
(a) In General.--Subject to valid existing rights, land designated
as wilderness by section 2(a) or subsequently included in the
Wilderness shall be managed by the Secretary in a manner that preserves
the wilderness character of the land, in accordance with this Act.
(b) Water Rights.--
(1) Findings.--Congress finds the following:
(A) According to decisions of the courts of the
State of Colorado, the United States has existing
rights to water within the Rocky Mountain National
Park.
(B) Those rights are sufficient for the purposes of
the Wilderness as designated by section 2.
(C) In light of the findings in subparagraphs (A)
and (B), there is no need for this Act to effect a
reservation by the United States of any additional
water rights to fulfill the purposes for which the
Wilderness is designated.
(2) No reservation.--Nothing in this Act or any action
taken pursuant to this Act shall constitute either an express
or implied reservation of water or water rights for any
purpose.
(3) No exemption from state water laws.--Nothing in this
Act constitutes an express or implied claim or denial on the
part of the Federal Government as to exemption from State water
laws.
(c) Colorado-Big Thompson Project.--
(1) Current activities.--Activities on, under, or affecting
the Wilderness relating to the monitoring, operation,
maintenance, repair, replacement, and use of the Colorado-Big
Thompson Project and its facilities which were allowed as of
June 1, 1998, shall be allowed to continue and shall not be
affected by the designation of the land as wilderness.
(2) New activities.--In addition to the activities
described in paragraph (1), any other activities on, under, or
affecting the Wilderness that because of emergencies or
catastrophic events become necessary for the operation,
maintenance, repair, replacement, and continued use of the
Colorado-Big Thompson Project and its facilities shall be
allowed, subject only to reasonable restrictions which are
established by the Secretary to protect the wilderness values
of the land. In implementing this paragraph, the Secretary
shall not establish any restrictions on the activities that
would prevent the occurrence of such necessary activities or
that would reduce the water supply provided by the Colorado-Big
Thompson Project or the Windy Gap Project.
(3) Relation to authority in act establishing park.--
Nothing in the first section of the Act of January 26, 1915 (16
U.S.C. 191), shall be construed to allow development within the
Wilderness of any reclamation project not in existence as of
the date of enactment of this Act.
(d) No Buffer Zones.--Congress does not intend that the designation
by this Act of the Wilderness creates or implies the creation of
protective perimeters or buffer zones around the Wilderness. The fact
that nonwilderness activities or uses can be seen or heard from within
the Wilderness shall not, of itself, preclude such activities or uses
up to the boundary of the Wilderness.
(e) Trails.--The Secretary may upgrade trails or construct new
trails in the Wilderness, including primitive, unpaved, and wheelchair-
accessible trails.
(f) Prohibition of Certain Uses.--
(1) In general.--Except as specifically provided for in
this Act, and subject to existing private rights--
(A) no commercial enterprises or permanent roads
shall be allowed within the Wilderness; and
(B) except as provided in paragraph (2) and as
necessary to meet minimum requirements for the
administration of the Wilderness for the purpose of
this Act (including measures required in emergencies
involving the health and safety of persons within the
Wilderness), the following shall be prohibited within
the Wilderness:
(i) Temporary roads.
(ii) The use of motor vehicles, motorized
equipment, or motorboats.
(iii) The landing of aircraft.
(iv) Any other form of mechanical
transport.
(v) Structures or installations.
(2) Exceptions.--
(A) Fire, insect, and disease management
activities.--The Secretary may take such measures in
the Wilderness as are necessary to control fire,
insects, and diseases, including the use of mechanized
equipment, aircraft, and motorboats.
(B) Aircraft; other vehicles.--
(i) In general.--The Secretary may allow
the use of aircraft or other vehicles for
emergency events, such as search and rescue,
within the Wilderness.
(ii) Existing uses.--The use of aircraft or
motorboats in areas of the Wilderness in which
the uses have already become established may be
permitted to continue, subject to any
restrictions that the Secretary determines to
be appropriate.
(g) Mineral Resources.--
(1) In general.--Nothing in this Act shall prevent within
the Wilderness the conduct of any activity, including
prospecting, for the purpose of gathering information about
mineral or other resources, if the activity is carried on in a
manner compatible with the preservation of the Wilderness
environment.
(2) Surveys.--In accordance with any program that the
Secretary develops and conducts in consultation with the
Secretary of Agriculture--
(A) areas within the Wilderness shall be surveyed
on a planned, recurring basis consistent with the
concept of wilderness preservation by the United States
Geological Survey and the United States Bureau of Mines
to determine the mineral values, if any, that may be
present in the Wilderness; and
(B) the results of such surveys shall be--
(i) made available to the public; and
(ii) submitted to the President and
Congress.
(h) Commercial Services.--Commercial services may be performed
within the Wilderness to the extent necessary for activities that are
proper for realizing the recreational or other wilderness purposes of
the Wilderness.
(i) State and Private Land Within the Wilderness.--
(1) In general.--In any case in which State or private land
is completely surrounded by the Wilderness--
(A) the State or private landowner shall be given
any rights that may be necessary to ensure adequate
access to the State or private land by the State or
private landowner and any successors in interest; or
(B) subject to paragraph (2), the State land or
private land shall be exchanged for Federal land in the
State of approximately equal value under authorities
available to the Secretary.
(2) Limitation.--The United States shall not transfer to
the State or private landowner under paragraph (1)(B) any
mineral interests unless the State or private landowner
relinquishes or causes to be relinquished to the United States
the mineral interest in the surrounded land.
(j) Acquisition of Land.--Subject to the availability of
appropriations, the Secretary may acquire private land within the
perimeter of the Wilderness if the owner consents to the acquisition.
(k) Gifts, Bequests and Contributions.--
(1) Gifts or bequests of land.--
(A) In general.--The Secretary may accept gifts or
bequests of land within the Wilderness for inclusion in
the Wilderness.
(B) Inclusion in wilderness.--Any land accepted by
the Secretary under subparagraph (A) shall become part
of the Wilderness.
(C) Regulations.--Regulations with regard to any
land accepted under subparagraph (B) may be in
accordance with such agreements, consistent with the
policy of this Act, as are made at the time of such
gift, or such conditions, consistent with such policy,
as may be included in, and accepted with, the bequest.
(2) Other gifts and contributions.--The Secretary may
accept private contributions and gifts to be used to further
the purposes of this Act.
(l) Liability for Water Infrastructure.--The owner or operator of
any water infrastructure located in the Wilderness on the date of
enactment of this Act shall not be subject to Public Law 101-337 (16
U.S.C. 19jj et seq.), except in a case in which the destruction of,
loss of, or injuries to a park system resource are caused by the
negligence of the owner or operator of the water infrastructure.
SEC. 4. WATER PROJECT DEVELOPMENT.
If authorized by the Secretary or the President, water projects may
be developed and maintained in the Wilderness, including projects that
involve the construction and use of roads in the Wilderness.
SEC. 5. GRAND RIVER DITCH OPERATIONS.
(a) Findings.--Congress finds that--
(1) the Grand River Ditch was structured before the
establishment of the Park;
(2) portions of the Grand River Ditch are located within
and outside the boundaries of the Park; and
(3) the Grand River Ditch has been operated in accordance
with Federal and State laws.
(b) Liability.--Notwithstanding any other provision of law, on and
after the date of enactment of this Act, no entity or person who owns,
controls, or operates the Grand River Ditch shall be held liable for
any personal injury or property damage resulting from any cause or
event (including, but not limited to, water escaping from the Grand
River Ditch by overflow or as a result of the failure or partial
failure of the Grand River Ditch) unless the same has been proximately
caused by the negligence of that entity or person. To the extent that
any previous or existing law imposes liability other than as set forth
above in this section, such law shall be, retroactively as of the date
of enactment of this Act, and on and after that date, of no force and
effect as to the Grand River Ditch, or upon or as to any entity or
person that owns, controls, or operates the Grand River Ditch. Any
provision in any stipulation concerning the Grand River Ditch, that
imposes or seeks to impose liability other than as set forth above in
this section on such entity or person, including specifically
paragraphs (5) and (6) of the stipulation executed by the Water Supply
and Storage Company on March 21, 1907, and approved June 28, 1907, by
the United States Department of Agriculture, Forest Service, shall be,
as of the date of enactment of this Act, and on and after that date,
waived by the United States and not claimed or enforced by it.
(c) Activities on Wilderness Land Related to Grand River Ditch.--
Activities on, under, or affecting the land designated as wilderness by
section 2, or potential wilderness land, or those excluded land recited
in section 2(c)(1), relating to the monitoring, operation, maintenance,
repair, replacement, improvement, and use of the Grand River Ditch,
including activities that become necessary because of emergencies or
catastrophic events, shall be authorized and allowed and not be
affected by this Act.
SEC. 6. AUTHORITY TO LEASE LEIFFER PROPERTY.
Section 3(k) of Public Law 91-383 (16 U.S.C. 1a-2(k)) shall apply
to the tract of land near the eastern boundary of Rocky Mountain
National Park in Larimer County, Colorado, administered by the National
Park Service and known as the ``Leiffer tract'' to the same extent as
if such property was part of the National Park System. | Rocky Mountain National Park Wilderness Act - Designates certain lands in Rocky Mountain National Park, Colorado, as the Rocky Mountain National Park Wilderness.
Directs the Secretary of the Interior to establish an alignment line and identify the boundaries for the East Shore Trail within the East Shore Trail Area. Authorizes necessary adjustments in such boundaries, except any that would place any portion of the Trail in such Wilderness.
Sets forth provisions concerning permitted and prohibited activities, water rights, and mineral resources within such Wilderness. Permits the Secretary to acquire private land within the Wilderness with the owner's consent. Allows water project development if authorized by the Secretary or President.
Sets forth provisions governing continued operations at the Grand River Ditch.
Applies provisions governing leases of National Park System buildings and property to property known as the Leiffer tract near the Park's eastern boundary in Larimer County, Colorado, as if such property was part of the Park. | {"src": "billsum_train", "title": "To designate as wilderness certain land within the Rocky Mountain National Park, and for other purposes."} | 3,729 | 208 | 0.540751 | 1.515821 | 0.832538 | 2.734463 | 19.146893 | 0.881356 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vehicles for the Future Act''.
SEC. 2. ELECTRIC VEHICLE INFRASTRUCTURE.
(a) Amendment of PURPA.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by
adding at the end the following:
``(20) Plug-in hybrid electric vehicle and electric vehicle
infrastructure.--
``(A) Utility plan for infrastructure.--Each
electric utility shall develop a plan to support the
use of plug-in hybrid electric vehicles and electric
vehicles, including heavy-duty hybrid electric
vehicles. The plan may provide for deployment of
electrical charging stations in public or private
locations, including street parking, parking garages,
parking lots, homes, gas stations, and highway rest
stops. Any such plan may also include--
``(i) battery exchange, fast charging
infrastructure and other services;
``(ii) triggers for infrastructure
deployment based upon market penetration of
plug-in hybrid electric vehicles and electric
vehicles; and
``(iii) such other elements as the State
determines necessary to support electric
vehicles and plug-in hybrid electric vehicles.
Each plan under this paragraph shall provide for the
deployment of the charging infrastructure or other
infrastructure necessary to adequately support the use
of plug-in hybrid electric vehicles and electric
vehicles.
``(B) Support requirements.--Each State regulatory
authority (in the case of each electric utility for
which it has ratemaking authority) and each utility (in
the case of a nonregulated utility) shall--
``(i) require that charging infrastructure
deployed is interoperable with products of all
auto manufacturers to the extent possible; and
``(ii) consider adopting minimum
requirements for deployment of electrical
charging infrastructure and other appropriate
requirements necessary to support the use of
plug-in hybrid electric vehicles and electric
vehicles.
``(C) Cost recovery.--Each State regulatory
authority (in the case of each electric utility for
which it has ratemaking authority) and each utility (in
the case of a nonregulated utility) shall consider
whether, and to what extent, to allow cost recovery for
plans and implementation of plans.
``(D) Smart grid integration.--The State regulatory
authority (in the case of each electric utility for
which it has ratemaking authority) and each utility (in
the case of a nonregulated utility) shall--
``(i) establish any appropriate protocols
and standards for integrating plug-in hybrid
electric vehicles and electric vehicles into an
electrical distribution system, including smart
grid systems and devices;
``(ii) include the ability for each plug-in
hybrid electric vehicle and electric vehicle to
be identified individually and to be associated
with its owner's electric utility account,
regardless of the location that the vehicle is
plugged in, for purposes of appropriate billing
for any electricity required to charge the
vehicle's batteries as well as any crediting
for electricity provided to the electric
utility from the vehicle's batteries; and
``(iii) review the determination made in
response to section 1252 of the Energy Policy
Act of 2005 in light of this section, including
whether time-of-use pricing should be employed
to enable the use of plug-in hybrid electric
vehicles and electric vehicles to contribute to
meeting peak-load power needs''.
(b) Compliance.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding the following at the end thereof:
``(7)(A) Not later than 1 year after the enactment of this
paragraph, each State regulatory authority (with respect to
each electric utility for which it has ratemaking authority)
and each nonregulated utility shall commence the consideration
referred to in section 111, or set a hearing date for
consideration, with respect to the standard established by
paragraph (20) of section 111(d).
``(B) Not later than 2 years after the date of the
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority), and each nonregulated electric utility,
shall complete the consideration, and shall make the
determination, referred to in section 111 with respect to the
standard established by paragraph (20) of section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended by adding the following at the end:
``In the case of the standards established by paragraph (20) of
section 111(d), the reference contained in this subsection to the date
of enactment of this Act shall be deemed to be a reference to the date
of enactment of such paragraph.''.
(3) Prior state actions.--Section 112(d) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) is
amended by inserting ``and paragraph (20)'' before ``of section
111(d)''. | Vehicles for the Future Act - Amends the Public Utility Regulatory Policies Act of 1978 to establish standards for electric utilities regarding electric vehicle infrastructure. Requires electric utilities to develop a plan to support the use of plug-in hybrid electric vehicles and electric vehicles that provides for the deployment of electrical charging stations and charging infrastructure.
Directs each state regulatory authority (in the case of each electric utility for which it has ratemaking authority) and each utility (in the case of a nonregulated utility) to: (1) require that infrastructure deployed is interoperable with products of all manufactures; (2) establish protocols and standards for integrating plug-in hybrid electric vehicles and electric vehicles into an electrical distribution system, including smart grid systems and devices; (3) include the ability of each vehicle to be identified individually and to be associated with its owner's electric utility account; and (4) review their determinations on time-based metering and communications.
Sets forth provisions concerning compliance with such standards. | {"src": "billsum_train", "title": "To amend the Public Utility Regulatory Policies Act of 1978 with respect to electric vehicle infrastructure."} | 1,128 | 205 | 0.677187 | 1.823909 | 0.918344 | 4.743455 | 5.492147 | 0.900524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Furthering International Nuclear
Safety Act of 2011''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To recognize the paramount importance of international
nuclear safety cooperation for operating power reactors.
(2) To further the efforts of the Convention on Nuclear
Safety as a vital international forum on nuclear safety.
(3) To support progress in improving nuclear safety for
countries that currently have or are considering the
development of a civilian nuclear power program.
(4) To enhance the public availability of nuclear safety
information.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Environment and Public Works
of the Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Energy and Commerce of the
House of Representatives;
(F) the Committee on Oversight and Government
Reform of the House of Representatives; and
(G) the Committee on Natural Resources of the House
of Representatives.
(2) Convention.--The term ``Convention'' means the
Convention on Nuclear Safety, done at Vienna September 20,
1994, and ratified by the United States April 11, 1999.
(3) Meeting.--The term ``meeting'' means a meeting as
described under Article 20, 21, or 23 of the Convention.
(4) National report.--The term ``national report'' means a
report as described under Article 5 of the Convention.
(5) Party.--The term ``party'' means a nation that has
formally joined the Convention through ratification or other
means.
(6) Summary report.--The term ``summary report'' means a
report as described under Article 25 of the Convention.
SEC. 4. UNITED STATES EFFORTS TO FURTHER INTERNATIONAL NUCLEAR SAFETY.
The President shall instruct the United States official serving as
the delegate to the meetings of the Convention on Nuclear Safety
pursuant to Article 24 of the Convention to use the voice, vote, and
influence of the United States, while recognizing that these efforts by
parties are voluntary, to encourage, where appropriate--
(1) parties to more systematically assess where and how
they have made progress in improving safety, including where
applicable through the incorporation of performance metric
tools;
(2) parties to increase the number of national reports they
make available to the public by posting them to a publicly
available Internet Web site of the International Atomic Energy
Agency (IAEA);
(3) parties to expand public dissemination of written
answers to questions raised by other parties about national
reports by posting the information to a publicly available
Internet Web site of the IAEA;
(4) the IAEA to further its support of the Convention, upon
request by a party and where funding is available, by--
(A) providing assistance to parties preparing
national reports;
(B) providing additional assistance to help prepare
for and support meetings, including language
translation services; and
(C) providing additional technical support to
improve the safety of civilian nuclear power programs;
(5) all countries that currently have or are considering
the establishment of a civilian nuclear power program to
formally join the Convention;
(6) parties to create standard practices for providing
accurate and timely information regarding nuclear accidents and
to cooperate on the development of emergency response plans,
and to post this information to a publicly available Internet
Web site of the IAEA; and
(7) parties to expand cooperation on prediction and
analysis capability for earthquakes, tsunamis, and on radiation
as it is transported away from nuclear sites, and to post this
information to a publicly available Internet Web site of the
IAEA.
SEC. 5. STRATEGIC PLAN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, in cooperation with the heads of other
relevant United States Government agencies, shall submit to the
appropriate congressional committees the United States Government's
strategic plan and prioritized goals for international nuclear safety
cooperation for operating power reactors.
SEC. 6. REPORTS.
(a) Report on Implementation of Strategic Plan.--
(1) In general.--Not later than 180 days after the issuance
of each of the first two summary reports of the Convention that
are issued after the date of the enactment of this Act, the
Secretary of State, in cooperation with the heads of other
relevant United States Government agencies, shall submit to the
appropriate congressional committees a report that--
(A) describes the status of implementing the
strategic plan and achieving the goals specified in
section 5; and
(B) enumerates the most significant concerns of the
United States Government regarding worldwide nuclear
safety and describes the extent to which the strategic
plan addresses these concerns.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(b) Report on United States Efforts to Further International
Nuclear Safety.--Not later than 180 days after the issuance of each of
the first two summary reports of the Convention issued after the date
of the enactment of this Act, the United States official serving as the
delegate to the meetings of the Convention shall submit to the
appropriate congressional committees a report providing the status of
achieving the actions set forth in section 4. | Furthering International Nuclear Safety Act of 2011 - Directs the President to instruct the U.S. delegate to the Convention on Nuclear Safety to encourage: (1) parties to more systematically assess their progress in improving safety; (2) parties to increase the number of national reports and related answers to questions available to the public by posting them to a publicly available website of the International Atomic Energy Agency (IAEA); (3) the IAEA to assist the preparation of national reports and provide technical support to improve civilian nuclear program safety; (4) countries that currently have or are considering the establishment of a civilian nuclear power program to formally join the Convention; and (5) parties to expand cooperation on prediction and analysis capability for earthquakes, tsunamis, and on radiation as it is transported away from nuclear sites.
Directs the Secretary of State to submit to Congress the U.S. government's strategic plan and goals for international nuclear safety cooperation for operating power reactors.
Sets forth reporting requirements regarding: (1) implementation of such strategic plan, and (2) U.S. efforts to further international nuclear safety.
Defines "party'' as a nation that has formally joined the Convention. | {"src": "billsum_train", "title": "To underscore the importance of international nuclear safety cooperation for operating power reactors, encouraging the efforts of the Convention on Nuclear Safety, supporting progress in improving nuclear safety, enhancing the public availability of nuclear safety information, and for other purposes."} | 1,184 | 243 | 0.664765 | 1.848256 | 0.842345 | 4.835556 | 5.111111 | 0.915556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recognizing Addiction as a Disease
Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Addiction is a chronic, relapsing brain disease that is
characterized by compulsive drug seeking and use, despite
harmful consequences. It is considered a brain disease because
drugs change the brain's structure and manner in which it
functions. These brain changes can be long lasting, and can
lead to the harmful behaviors seen in people who abuse drugs.
The disease of addiction affects both brain and behavior, and
scientists have identified many of the biological and
environmental factors that contribute to the development and
progression of the disease.
(2) The pejorative term ``abuse'' used in connection with
diseases of addiction has the adverse effect of increasing
social stigma and personal shame, both of which are so often
barriers to an individual's decision to seek treatment.
SEC. 3. NAME CHANGE.
(a) Public Health Service Act.--The Public Health Service Act is
amended--
(1) in section 208(g) (42 U.S.C. 210(g)), by striking
``National Institute on Alcohol Abuse and Alcoholism'' and
inserting ``National Institute on Alcohol Disorders and
Health'';
(2) in section 401(b) (42 U.S.C. 281(b))--
(A) in paragraph (12), by striking ``National
Institute on Alcohol Abuse and Alcoholism'' and
inserting ``National Institute on Alcohol Disorders and
Health''; and
(B) in paragraph (13), by striking ``National
Institute on Drug Abuse'' and inserting ``National
Institute on Diseases of Addiction'';
(3) in subpart 14 of part C of title IV (42 U.S.C. 285n et
seq.)--
(A) in the subpart heading by striking ``Alcohol
Abuse and Alcoholism'' and inserting ``Alcohol
Disorders and Health'';
(B) in section 464H (42 U.S.C. 285n)--
(i) in subsection (a), by striking
``National Institute on Alcohol Abuse and
Alcoholism'' and inserting ``National Institute
on Alcohol Disorders and Health''; and
(ii) in subsection (b)--
(I) in paragraph (3), by striking
``Alcohol Abuse and Alcoholism'' and
inserting ``Alcohol Disorders and
Health'';
(II) in paragraph (5), by striking
``National Institute of Drug Abuse''
and inserting ``National Institute on
Diseases of Addiction''; and
(III) in paragraph (10), by
striking ``Alcohol Abuse and
Alcoholism'' and inserting ``Alcohol
Disorders and Health''; and
(C) in section 464P (42 U.S.C. 285o-4)--
(i) in subsection (a)(7), by striking
``National Institute on Alcohol Abuse and
Alcoholism'' and inserting ``National Institute
on Alcohol Disorders and Health''; and
(ii) in subsection (b)(3), by striking
``Council on Drug Abuse'' and inserting
``Council on Diseases of Addiction''; and
(4) in subpart 15 of part C of title IV (42 U.S.C. 285o et
seq.)--
(A) in the subpart heading by striking ``Drug
Abuse'' and inserting ``Diseases of Addiction''; and
(B) in section 464L(a) (42 U.S.C. 285o(a)), by
striking ``National Institute on Drug Abuse'' and
inserting ``National Institute on Diseases of
Addiction'';
(5) in section 501 (42 U.S.C. 290aa)--
(A) by striking ``National Institute on Alcohol
Abuse and Alcoholism'' each place that such appears and
inserting ``National Institute on Alcohol Disorders and
Health''; and
(B) by striking ``National Institute on Drug
Abuse'' each place that such appears and inserting
``National Institute on Diseases of Addiction'';
(6) in section 507 (42 U.S.C. 290bb)--
(A) by striking ``National Institute on Alcohol
Abuse and Alcoholism'' each place that such appears and
inserting ``National Institute on Alcohol Disorders and
Health''; and
(B) by striking ``National Institute on Drug
Abuse'' each place that such appears and inserting
``National Institute on Diseases of Addiction'';
(7) in section 513 (42 U.S.C. 290bb-6), by striking
``national institute on drug abuse'' in the section heading and
inserting ``national institute on diseases of addiction'';
(8) in section 530 (42 U.S.C. 290cc-30)--
(A) by striking ``National Institute of Alcohol
Abuse and Alcoholism'' and inserting ``National
Institute on Alcohol Disorders and Health''; and
(B) by striking ``National Institute on Drug
Abuse'' and inserting ``National Institute on Diseases
of Addiction''; and
(9) in section 1918(a)(8)(B) (42 U.S.C. 300x-7(a)(8)(B)),
by striking ``National Institute on Drug Abuse'' each place
that such appears and inserting ``National Institute on
Diseases of Addiction''.
(b) Other Acts.--
(1) Title 5, united states code.--Section 7361(a) of title
5, United States Code, is amended by striking ``National
Institute on Drug Abuse'' and inserting ``National Institute on
Diseases of Addiction''.
(2) Comprehensive smoking education act.--Section
3(b)(1)(A) of the Comprehensive Smoking Education Act (15
U.S.C. 1341(b)(1)(A)) is amended by striking ``National
Institute on Drug Abuse'' and inserting ``National Institute on
Diseases of Addiction''.
(3) Elementary and secondary education act of 1965.--
Section 4124(a)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7134 (a)(2)) is amended--
(A) in subparagraph (C), by striking ``National
Institute on Drug Abuse'' and inserting ``National
Institute on Diseases of Addiction''; and
(B) in subparagraph (D), by striking ``National
Institute on Alcoholism and Alcohol Abuse'' and
inserting ``National Institute on Alcohol Disorders and
Health''.
(4) Controlled substances act.--Section 303(g)(2)(H) of the
Controlled Substances Act (21 U.S.C. 823(g)(2)(H)) is amended
by striking ``National Institute on Drug Abuse'' each place
that such appears and inserting ``National Institute on
Diseases of Addiction''.
(5) Drug abuse, prevention, treatment, and rehabilitation
act.--The Drug Abuse, Prevention, Treatment, and Rehabilitation
Act is amended--
(A) in section 410(1) (21 U.S.C. 1177(a)), by
striking ``National Institute on Drug Abuse'' and
inserting ``National Institute on Diseases of
Addiction''; and
(B) in section 412(a) (21 U.S.C. 1179(A)), by
striking ``National Institute on Drug Abuse'' and
inserting ``National Institute on Diseases of
Addiction''.
(c) Reference.--Any reference in any law, regulation, order,
document, paper, or other record of the United States to the ``National
Institute on Drug Abuse'', the ``National Institute on Alcohol Abuse
and Alcoholism'', the ``National Advisory Council on Alcohol Abuse and
Alcoholism'', and the ``National Advisory Council on Drug Abuse'' shall
be deemed to be a reference to the ``National Institute on Diseases of
Addiction'', the ``National Institute on Alcohol Disorders and
Health'', the ``National Advisory Council on Alcohol Disorders and
Health'', and the ``National Advisory Council on Diseases of
Addiction'', respectively.
(d) Rule of Construction.--Nothing in this Act shall be construed
to alter the mission of the National Institute on Alcohol Abuse and
Alcoholism (renamed the National Institute on Alcohol Disorders and
Health) or the National Institute on Drug Abuse (as renamed the
National Institute on Diseases of Addiction) or have any substantive
effect on the duties or responsibilities of such Institutes.
SEC. 4. THE EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH
AND HUMAN DEVELOPMENT.
(a) Findings.--Congress makes the following findings:
(1) Since it was established by Congress in 1962 at the
request of President John F. Kennedy, the National Institute of
Child Health and Human Development has achieved an outstanding
record of achievement in catalyzing a concentrated attack on
the unsolved health problems of children and of mother-infant
relationships by fulfilling its mission to--
(A) ensure that every individual is born healthy
and wanted, that women suffer no harmful effects from
reproductive processes, and that all children have the
chance to achieve their full potential for healthy and
productive lives, free from disease or disability; and
(B) ensure the health, productivity, independence,
and well-being of all individuals through optimal
rehabilitation.
(2) The National Institute of Child Health and Human
Development has made unparalleled contributions to the
advancement of child health and human development, including
significant efforts to--
(A) reduce dramatically the rates of Sudden Infant
Death Syndrome, infant mortality, and maternal HIV
transmission;
(B) develop the Haemophilus Influenza B (Hib)
vaccine, credited with nearly eliminating the incidence
of mental retardation; and
(C) conduct intramural research, support extramural
research, and train thousands of child health and human
development researchers who have contributed greatly to
dramatic gains in child health throughout the world.
(3) The vision, drive, and tenacity of one woman, Eunice
Kennedy Shriver, was instrumental in proposing, passing, and
enacting legislation to establish the National Institute of
Child Health and Human Development (Public Law 87-838) on
October 17, 1962.
(4) It is befitting and appropriate to recognize the
substantial achievements of Eunice Kennedy Shriver, a tireless
advocate for children with special needs, whose foresight in
creating the National Institute of Child Health and Human
Development gave life to the words of President Kennedy, who
wished to ``encourage imaginative research into the complex
processes of human development from conception to old age.''.
(b) Amendments to the Public Health Service Act.--The Public Health
Service Act is amended--
(1) in section 401(b)(7) (42 U.S.C. 281(b)(7)), by striking
``National Institute of Child Health and Human Development''
and inserting ``Eunice Kennedy Shriver National Institute of
Child Health and Human Development'';
(2) in section 404B (42 U.S.C. 283d), by striking
``National Institute of Child Health and Human Development''
and inserting ``Eunice Kennedy Shriver National Institute of
Child Health and Human Development'';
(3) in section 404E(a) (42 U.S.C. 283g(a)), by striking
``National Institute of Child Health and Human Development''
and inserting ``Eunice Kennedy Shriver National Institute of
Child Health and Human Development'';
(4) in section 409D(c)(1) (42 U.S.C. 284h(c)(1)), by
striking ``National Institute of Child Health and Human
Development'' and inserting ``Eunice Kennedy Shriver National
Institute of Child Health and Human Development'';
(5) in section 424(c)(3)(B)(vi) (42 U.S.C. 285b-
7(c)(3)(B)(vi)), by striking ``National Institute of Child
Health and Human Development'' and inserting ``Eunice Kennedy
Shriver National Institute of Child Health and Human
Development'';
(6) in section 430(b)(2)(B) (42 U.S.C. 285c-4(b)(2)(B)), by
striking ``National Institute of Child Health and Human
Development'' and inserting ``Eunice Kennedy Shriver National
Institute of Child Health and Human Development'';
(7) in subpart 7 of part C of title IV (42 U.S.C. 285g et
seq), by striking ``National Institute of Child Health and
Human Development'' each place that such appears and inserting
``Eunice Kennedy Shriver National Institute of Child Health and
Human Development'';
(8) in section 487B(a) (42 U.S.C. 288-2(a)), by striking
``National Institute of Child Health and Human Development''
and inserting ``Eunice Kennedy Shriver National Institute of
Child Health and Human Development'';
(9) in section 519C(g)(2) (42 U.S.C. 290bb-25c(g)(2)), by
striking ``National Institute of Child Health and Human
Development'' and inserting ``Eunice Kennedy Shriver National
Institute of Child Health and Human Development''; and
(10) in section 1122 (42 U.S.C. 300c-12), by striking
``National Institute of Child Health and Human Development''
and inserting ``Eunice Kennedy Shriver National Institute of
Child Health and Human Development''.
(c) Amendments to Other Acts.--
(1) Comprehensive smoking education act.--Section
3(b)(1)(A) of the Comprehensive Smoking Education Act (15
U.S.C. 1341(b)(1)(A)) is amended by striking ``National
Institute of Child Health and Human Development'' and inserting
``Eunice Kennedy Shriver National Institute of Child Health and
Human Development''.
(2) Adult education and family literacy act.--Sections 242
and 243 of the Adult Education and Family Literacy Act (20
U.S.C. 9252 and 9253) are amended by striking ``National
Institute of Child Health and Human Development'' each place
that such appears and inserting ``Eunice Kennedy Shriver
National Institute of Child Health and Human Development''.
(3) Elementary and secondary education act of 1965.--The
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by striking ``National Institute of Child
Health and Human Development'' each place that such appears and
inserting ``Eunice Kennedy Shriver National Institute of Child
Health and Human Development''.
(d) Reference.--Any reference in any law, regulation, order,
document, paper, or other record of the United States to the ``National
Institute of Child Health and Human Development'' shall be deemed to be
a reference to the ``Eunice Kennedy Shriver National Institute of Child
Health and Human Development''. | Recognizing Addiction as a Disease Act of 2007 - Amends the Public Health Service Act and related enactments to redesignate: (1) the National Institute on Drug Abuse as the National Institute on Diseases of Addiction; and (2) the National Institute on Alcohol Abuse and Alcoholism as the National Institute on Alcohol Disorders and Health. | {"src": "billsum_train", "title": "A bill to change the name of the National Institute on Drug Abuse to the National Institute on Diseases of Addiction and to change the name of the National Institute on Alcohol Abuse and Alcoholism to the National Institute on Alcohol Disorders and Health."} | 3,460 | 76 | 0.575405 | 1.508407 | 0.71123 | 4.04918 | 46.704918 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dollar-for-Dollar Deficit Reduction
Act''.
SEC. 2. AMENDMENT TO TITLE 31.
(a) In General.--Subchapter I of chapter 31 of title 31, United
States Code, is amended by inserting after section 3101A the following:
``Sec. 3101B. Debt limit control
``(a) Declaration of a Debt Limit Warning.--
``(1) In general.--In the event of a near breach of the
public debt limit established by section 3101, the Secretary of
the Treasury shall issue a debt limit warning to the Committee
on Finance of the Senate and the Committee on Ways and Means of
the House of Representatives that shall include a determination
as to when extraordinary measures may be necessary in order to
prolong the funding of the United States Government.
``(2) Definitions.--In this subsection:
``(A) Extraordinary measures.--The term
`extraordinary measures' means measures that may be
taken by the Secretary of the Treasury in the event of
a breach of the debt limit by the United States to
prolong the function of United States Government in the
absence of a debt limit increase.
``(B) Near breach.--The term `near breach' means
the point at which the Secretary of the Treasury
determines that the United States Government will reach
the statutorily prescribed debt limit within 60
calendar days notwithstanding the implementation of
extraordinary measures.
``(b) Presidential Submission of Debt Limit Legislation.--
``(1) Savings recommendations from the president.--Any
formal Presidential request to increase the debt limit under
this section shall include the amount of the proposed debt
limit increase and be accompanied by proposed legislation to
reduce spending over the sum of the current and following 10
years by an amount equal to or greater than the amount of the
requested debt limit increase. Net interest savings may not be
counted towards spending reductions required by this paragraph.
``(2) Calculation.--The spending savings under paragraph
(1) shall be calculated against a budget baseline consistent
with section 257 of the Balanced Budget and Emergency Deficit
Control Act of 1985. This baseline shall exclude the
extrapolation of any spending that had been enacted under an
emergency designation.''.
(b) Subchapter Analysis.--The table of sections for chapter 31 of
title 31, United States Code, is amended by inserting after the item
for section 3101A the following:
``3101B. Debt limit control.''.
SEC. 3. CONGRESSIONAL REQUIREMENT TO RESTRAIN SPENDING WHILE RAISING
THE DEBT LIMIT.
(a) In General.--Title III of the Congress and Budget Act of 1974
is amended by inserting at the end the following:
``SEC. 316. DEBT LIMIT INCREASE POINT OF ORDER.
``(a) In General.--
``(1) Point of order.--Except as provided in subsection
(b), it shall not be in order in the Senate or the House of
Representatives to consider any bill, joint resolution,
amendment, motion, or conference report that increases the
statutory debt limit unless the bill contains net spending
reductions of an equal or greater amount over the sum of the
current and next 10 fiscal years. Net interest savings may not
be counted towards spending reductions required by this
paragraph.
``(2) Components of net spending reduction.--
``(A) Calculation.--The savings resulting from the
proposed spending reductions under paragraph (1) shall
be calculated by the Congressional Budget Office
against a budget baseline consistent with section 257
of the Balanced Budget and Emergency Deficit Control
Act of 1985. This baseline shall exclude the
extrapolation of any spending that had been enacted
under an emergency designation.
``(B) Availability.--The Senate and the House of
Representatives may not vote on any bill, joint
resolution, amendment, motion, or conference report
that increases the public debt limit unless the cost
estimate of that measure prepared by the Congressional
Budget Office has been publicly available on the Web
site of the Congressional Budget Office for at least 24
hours.
``(C) Prohibit timing shifts.--Any provision that
shifts outlays or revenues from within the 10-year
window to outside the window shall not count towards
the budget savings target for purposes of this
subsection.
``(b) Senate Supermajority Waiver and Appeal.--
``(1) Waiver.--In the Senate, subsection (a)(1) may be
waived or suspended only by an affirmative vote of three-fifths
of the Members, duly chosen and sworn.
``(2) Appeal.--An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn, shall be required
to sustain an appeal of the ruling of the Chair on a point of
order raised under subsection (a)(1).''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after section 315 the following new item:
``Sec. 316. Debt limit increase point of order.''. | Dollar-for-Dollar Deficit Reduction Act - Requires the Secretary of the Treasury, in the event of a near breach of the current $14.294 trillion public debt limit, to issue a debt limit warning to the Senate Committee on Finance and the House Committee on Ways and Means that includes a determination as to when extraordinary measures may be necessary in order to prolong the funding of the federal government in the absence of a debt limit increase. Requires any formal presidential request to increase the public debt limit to include the amount of the proposed debt limit increase and be accompanied by proposed legislation to reduce spending over the sum of the current and following 10 years by an amount equal to or greater than the amount of the requested debt limit increase. Prohibits net interest savings from being counted towards the spending reductions. Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any bill, joint resolution, amendment, motion, or conference report that increases the statutory debt limit unless it contains such net spending reductions. Prohibits Congress from voting on any measure that increases the public debt limit unless the cost estimate of that measure prepared by the Congressional Budget Office (CBO) has been publicly available on the CBO website for at least 24 hours. Permits waiver or suspension of this prohibition, or successful appeals from rulings of the Chair, only by an affirmative vote of three-fifths (60) of the Senate. | {"src": "billsum_train", "title": "Dollar-for-Dollar Deficit Reduction Act"} | 1,175 | 323 | 0.648745 | 1.76093 | 0.801168 | 5.408759 | 3.766423 | 0.905109 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia National Guard
Retention and College Access Act''.
SEC. 2. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE
PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The District of Columbia National Guard is under the
exclusive jurisdiction of the President of the United States as
Commander-in-Chief and, unlike other National Guards, is
permanently federalized.
(2) The District of Columbia National Guard is unique and
differs from the National Guards of the several States in that
the District of Columbia National Guard is responsible, not
only for residents of the District of Columbia, but also for a
special and unique mission and obligation as a result of the
extensive presence of the Federal Government in the District of
Columbia.
(3) Consequently, the President of the United States,
rather than the chief executive of the District of Columbia, is
in command of the District of Columbia National Guard, and only
the President can call up the District of Columbia National
Guard even for local emergencies.
(4) The District of Columbia National Guard has been
specifically trained to address the unique emergencies that may
occur regarding the presence of the Federal Government in the
District of Columbia.
(5) The great majority of the members of the District of
Columbia National Guard actually live in Maryland or Virginia,
rather than in the District of Columbia.
(6) The District of Columbia National Guard has been
experiencing a disproportionate decline in force in comparison
to the National Guards of Maryland and Virginia.
(7) The States of Maryland and Virginia provide additional
recruiting and retention incentives, such as educational
benefits, in order to maintain their force, and their National
Guards have drawn recruits from the District of Columbia at a
rate that puts at risk the maintenance of the necessary force
levels for the District of Columbia National Guard.
(8) Funds for an educational benefit for members of the
District of Columbia National Guard would provide an incentive
to help reverse the loss of members to nearby National Guards
and allow for maintenance and increase of necessary District of
Columbia National Guard personnel.
(9) The loss of members of the District of Columbia
National Guard could adversely affect the readiness of the
District of Columbia National Guard to respond in the event of
a terrorist attack on the capital of the United States.
(b) Educational Assistance Program Authorized.--The commanding
general of the District of Columbia National Guard (in this section
referred to as the ``commanding general'') may provide financial
assistance under this section to a member of the District of Columbia
National Guard who has satisfactorily completed required initial active
duty service and executes a written agreement to serve in the District
of Columbia National Guard for a period of not less than six years, to
assist the member in covering expenses incurred by the member while
enrolled in an approved institution of higher education to pursue the
member's first undergraduate, masters, vocational, or technical degree
or certification.
(c) Maintenance of Eligibility.--To continue to be eligible for
financial assistance under this section, a member of the District of
Columbia National Guard must--
(1) be satisfactorily performing duty in the District of
Columbia National Guard in accordance with regulations of the
National Guard;
(2) be enrolled on a full-time or part-time basis (at least
three, but less than twelve credit hours per semester) in an
approved institution of higher education; and
(3) maintain satisfactory progress in the course of study
the member is pursuing, determined in accordance with section
484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)).
(d) Covered Expenses.--Financial assistance received by a member of
the District of Columbia National Guard under this section may be used
to cover--
(1) tuition and fees charged by an approved institution of
higher education involved;
(2) the cost of books; and
(3) laboratory expenses.
(e) Amount of Assistance.--The amount of financial assistance
provided to a member of the District of Columbia National Guard under
this section may be up to $400 per credit hour, but not to exceed
$5,500 per year. If the commanding general determines that the amount
available to provide assistance under this section in any year will be
insufficient, the commanding general may reduce the maximum amount of
the assistance authorized, or set a limit on the number of
participants, to ensure that amounts expended do not exceed available
amounts.
(f) Relation to Other Assistance.--A member of the District of
Columbia National Guard may receive financial assistance under this
section in addition to assistance provided under any other provision of
law, except that the member may not receive financial assistance under
this section if the member receives a Reserve Officer Training Corps
scholarship.
(g) Administration.--The commanding general, in consultation with
approved institutions of higher education, shall develop policies and
procedures for the administration of this section. Nothing in this
section shall be construed to require an institution of higher
education to alter the institution's admissions policies or standards
in any manner to enable a member of the District of Columbia National
Guard to enroll in the institution.
(h) Repayment.--A member of the District of Columbia National Guard
who receives assistance under this section and who, voluntarily or
because of misconduct, fails to serve for the period covered by the
agreement required by subsection (b) or fails to comply with the
eligibility conditions specified in subsection (c) shall be subject to
the repayment provisions of section 303a(e) of title 37, United States
Code.
(i) Funding Sources and Gifts.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to the District of Columbia such sums as may
be necessary to enable the commanding general to provide
financial assistance under this section. Funds appropriated
pursuant to this authorization of appropriations shall remain
available until expended.
(2) Transfer of funds.--The commanding general may accept
the transfer of funds from Federal agencies and use any funds
so transferred for purposes of providing assistance under this
section. There is authorized to be appropriated to the head of
any executive branch agency such sums as may be necessary to
permit the transfer of funds to the commanding general to
provide financial assistance under this section.
(3) Donations.--The commanding general concerned may
accept, use, and dispose of donations of services or property
for purposes of providing assistance under this section.
(j) Definition.--In this section, the term ``approved institution
of higher education'' means an institution of higher education (as
defined in section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002)) that--
(1) is eligible to participate in the student financial
assistance programs under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.); and
(2) has entered into an agreement with the commanding
general containing an assurance that funds made available under
this section are used to supplement and not supplant other
assistance that may be available for members of the District of
Columbia National Guard.
(k) Implementation of Program.--Financial assistance may be
provided under this section to eligible members of the District of
Columbia National Guard for periods of instruction that begin on or
after January 1, 2007. | District of Columbia National Guard Retention and College Access Act - Authorizes the commanding general of the District of Columbia National Guard to provide financial assistance to members of the District of Columbia National Guard who satisfactorily complete initial active duty service and agree to serve for a period of not less than six years, to assist in them in covering expenses they incur while pursuing their first undergraduate, masters, vocational, or technical degree or certification at an approved institution of higher education. Limits such assistance to up to $400 per credit hour, but not to exceed $5,000 per year. | {"src": "billsum_train", "title": "To establish a District of Columbia National Guard Educational Assistance Program to encourage the enlistment and retention of persons in the District of Columbia National Guard by providing financial assistance to enable members of the National Guard of the District of Columbia to attend undergraduate, vocational, or technical courses."} | 1,556 | 119 | 0.486209 | 1.298991 | 0.430908 | 5.495413 | 13.807339 | 0.926606 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breastfeeding Promotion and
Employers' Tax Incentive Act''.
SEC. 2. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING
APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED
MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45D. CREDIT FOR EMPLOYER EXPENSES INCURRED TO FACILITATE
EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR
CHILDREN.
``(a) In General.--For purposes of section 38, the breastfeeding
promotion and support credit determined under this section for the
taxable year is an amount equal to 50 percent of the qualified
breastfeeding promotion and support expenditures of the taxpayer for
such taxable year.
``(b) Dollar Limitation.--The credit allowable under subsection (a)
for any taxable year shall not exceed the product of--
``(1) $10,000, and
``(2) the number determined by dividing the average number
of full-time employees of the taxpayer during the preceding
taxable year by 8,000.
``(c) Qualified Breastfeeding Promotion and Support Expenditure.--
For purposes of this section--
``(1) In general.--The term `qualified breastfeeding
promotion and support expenditure' means any amount paid or
incurred in connection with a trade or business of the
taxpayer--
``(A) for breast pumps and other equipment
specially designed to assist mothers who are employees
of the taxpayer to breastfeed or express milk for their
children but only if such pumps and equipment meet such
standards (if any) prescribed by the Secretary of
Health and Human Services, and
``(B) for consultation services to the taxpayer or
employees of the taxpayer relating to breastfeeding.
``(2) Costs of other exclusive use property included.--Such
term includes any amount paid or incurred for the acquisition
or lease of tangible personal property (not described in
paragraph (1)(A)) which is exclusively used by mothers who are
employees of the taxpayer to breastfeed or express milk for
their children unless such property is located in any residence
of the taxpayer or any employee of the taxpayer.
``(d) Recapture of Credit.--
``(1) In general.--If, during any taxable year, any
property for which a credit was allowed under this section is
disposed of or otherwise ceases to be used by the taxpayer as
required by this section, then the tax of the taxpayer under
this chapter for such taxable year shall be increased by an
amount equal to the recapture percentage of the aggregate
decrease in the credits allowed under section 38 for all prior
taxable years which would have resulted solely from reducing to
zero any credit determined under this section with respect to
such property. The preceding sentence shall not apply to
property leased to the taxpayer.
``(2) Recapture percentage.--For purposes of this
subsection, the recapture percentage shall be determined in
accordance with the following table:
The recapture
``If the recapture event occurs in:
percentage is:
Year 1............................... 100
Year 2............................... 60
Year 3............................... 30
Year 4 or thereafter................. 0.
The references to years in the preceding table are references
to the consecutive taxable years beginning with the taxable
year in which the property is placed in service by the taxpayer
as year 1.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3) and (4), and subparagraphs (B) and (C) of
paragraph (5), of section 50(a) shall apply for purposes of
this subsection.
``(e) Special Rules.--For purposes of this section--
``(1) Aggregation rules.--For purposes of subsection (b),
all persons which are treated as a single employer under
subsection (a) or (b) of section 52 shall be treated as a
single taxpayer, and the dollar amount contained in such
subsection shall be allocated among such persons under
regulations prescribed by the Secretary.
``(2) Reduction in basis.--Rules similar to the rules of
paragraphs (1) and (2) of section 50(c), and section
1016(a)(19), shall apply with respect to property for which a
credit is determined under this section.
``(3) Other deductions and credits.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to any expenditure for which a credit is determined
under this section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended--
(A) by striking ``plus'' at the end of paragraph
(11),
(B) by striking the period at the end of paragraph
(12) and inserting ``, plus'', and
(C) by adding at the end the following new
paragraph:
``(13) the breastfeeding promotion and support credit
determined under section 45D(a).''
(2) Subsection (d) of section 39 of such Code (relating to
carryback and carryforward of unused credits) is amended by
adding at the end the following new paragraph:
``(9) No carryback of section 45d credit before january 1,
2000.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45D may be carried back to a taxable year beginning
before January 1, 2000.''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45D. Credit for employer expenses
incurred to facilitate employed
mothers who breastfeed or
express milk for their
children.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999. | Breastfeeding Promotion and Employers' Tax Incentive Act - Amends the Internal Revenue Code to allow a limited credit to employers for expenses incurred in enabling employed nursing mothers to breastfeed. | {"src": "billsum_train", "title": "Breastfeeding Promotion and Employers' Tax Incentive Act"} | 1,367 | 45 | 0.584787 | 1.326724 | 0.87373 | 2.28125 | 38.5 | 0.84375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``War Crimes Prosecution Facilitation
Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In May 1993, the United Nations established the
International Criminal Tribunal for the Former Yugoslavia
(ICTY).
(2) The mandate of the Tribunal is to prosecute ``genocide,
crimes against humanity, grave breaches of the Geneva
Conventions, and violations of the laws and customs of war''
committed in the territory of the former Yugoslavia from
January 1, 1991, until ``a date to be determined after
restoration of peace''.
(3) Parties to the Dayton Agreement, as well as subsequent
agreements, agreed to cooperate fully with the ``investigation
and prosecution of war crimes and other violations of
international humanitarian law''. All members of the
international community are required by the Tribunal Statute to
cooperate in ``the identification and location of persons'',
``the arrest or detention of persons'', and ``the surrender or
the transfer of the accused'' to the Tribunal.
(4) Although 74 persons are under indictment by the
Tribunal, 66 remain at large, including 53 Bosnian and Yugoslav
Serbs, and 13 Bosnian and Croatian Croats.
(5) Credible reports indicate that some of the indicted war
criminals are living in areas of Bosnia and Herzegovina that
are under the effective control of Croatia or Serbia-
Montenegro. Many of the indicted war criminals have been
sighted living openly and freely in Croatia, the Croat-
controlled areas of the Federation of Bosnia and Herzegovina,
Republika Srpska, and Serbia-Montenegro.
(6) An estimated 2,000,000 persons have been forced from
their homes by the war, many of whom remain displaced and
unable to return to their homes, in violation of the Dayton
Accords, because their homes are in a jurisdiction controlled
by a different ethnic group.
(7) The fighting in Bosnia has ceased for more than a year,
and international efforts are now focused on the economic
reconstruction and implementation of the civilian aspects of
the Dayton Accords.
(8) The International Bank for Reconstruction and
Development, the European Bank for Reconstruction and
Development, the International Monetary Fund, and individual
donor countries, including the United States, have begun
disbursing funds toward meeting an identified goal of
$5,100,000,000 for reconstruction of Bosnia.
SEC. 3. SENSE OF THE SENATE.
(a) It is the sense of the Senate that--
(1) reconciliation in Bosnia and Herzegovina cannot be
achieved if indicted war criminals remain at large and refugees
and displaced persons are unable to return to their homes;
(2) reconstruction without reconciliation will not be
effective in ensuring stability in the long run because absent
individual accountability, victimized communities will assign
collective responsibility, thus perpetuating the cycle of
hatred; and
(3) the Government of the United States should ensure that
multilateral and bilateral assistance is provided to parties to
the Dayton Agreement only if doing so would promote
reconciliation as well as reconstruction, including the
transfer of war criminals to the Tribunal, the return of
refugees and displaced persons, and freedom of movement.
(b) It is further the sense of the Senate that the Tribunal,
consistent with its mandate, should continue to investigate and bring
indictments against persons who have violated international
humanitarian law.
SEC. 4. RESTRICTIONS ON FUNDING.
(a) Bilateral Assistance.--
(1) In general.--No assistance may be provided under the
Foreign Assistance Act of 1961 or the Arms Export Control Act
for any country described in subsection (d).
(2) Application to prior appropriations.--The prohibition
on assistance contained in paragraph (1) includes the provision
of assistance from funds appropriated prior to the date of
enactment of this Act.
(b) Multilateral Assistance.--The Secretary of the Treasury shall
instruct the United States executive directors of the international
financial institutions to work in opposition to, and vote against, any
extension by such institutions of any financial or technical assistance
or grants of any kind to any country described in subsection (d).
(c) Exceptions.--
(1) In general.--Subject to paragraph (2), subsections (a)
and (b) shall not apply to the provision of--
(A) humanitarian assistance;
(B) democratization assistance; or
(C) assistance for physical infrastructure projects
involving activities in both a sanctioned country and
nonsanctioned contiguous countries, if the
nonsanctioned countries are the primary beneficiaries.
(2) Further limitations.--Notwithstanding paragraph (1)--
(A) no assistance may be made available under the
Foreign Assistance Act of 1961 or the Arms Export
Control Act for a program, project, or activity in any
country described in subsection (d) in which an
indicted war criminal has any financial or material
interest or through any organization in which the
indicted individual is affiliated; and
(B) no assistance (other than emergency food or
medical assistance or demining assistance) may be made
available under the Foreign Assistance Act of 1961 or
the Arms Export Control Act to any program, project, or
activity in any area in any country described in
subsection (d) in which local authorities are not
complying with the provisions of Article IX and Annex
4, Article II of the Dayton Agreement relating to war
crimes and the Tribunal, or with the provisions of
Annex 7 of the Dayton Agreement relating to the rights
of refugees and displaced persons to return to their
homes of origin.
(d) Sanctioned Countries.--A country described in this section is a
country the authorities of which fail to apprehend and transfer to the
Tribunal all persons in territory that is under their effective control
who have been indicted by the Tribunal.
(e) Waiver.--
(1) Authority.--The President may waive the application of
subsection (a) or subsection (b) with respect to a country if
the President determines and certifies to the appropriate
committees of Congress within six months after the date of
enactment of this Act that a majority of the indicted persons
who are within territory that is under the effective control of
the country have been arrested and transferred to the Tribunal.
(2) Period of effectiveness.--Any waiver made pursuant to
this subsection shall be effective for a period of six months.
(f) Termination of Sanctions.--The sanctions imposed pursuant to
subsection (a) or subsection (b) with respect to a country shall cease
to apply only if the President determines and certifies to Congress
that the authorities of that country have apprehended and transferred
to the Tribunal all persons in territory that is under their effective
control who have been indicted by the Tribunal.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Country.--The term ``country'' shall not include the
state of Bosnia and Herzegovina, and the provisions of this Act
shall be applied separately to its constituent entities of
Republika Srpska and the Federation of Bosnia and Herzegovina.
(2) Dayton agreement.--The term ``Dayton Agreement'' means
the General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
(3) Democratization assistance.--The term ``democratization
assistance'' includes electoral assistance and assistance used
in establishing the institutions of a democratic and civil
society.
(4) Humanitarian assistance.--The term ``humanitarian
assistance'' includes disaster and food assistance and
assistance for demining, refugees, housing, education, health
care, and other social services.
(5) Tribunal.--The term ``Tribunal'' means the
International Criminal Tribunal for the Former Yugoslavia. | War Crimes Prosecution Facilitation Act of 1997 - Expresses the sense of the Senate that: (1) reconciliation in Bosnia and Herzegovina cannot be achieved if indicted war criminals remain at large and refugees and displaced persons are unable to return to their homes; (2) the United States should ensure that multilateral and bilateral assistance is provided to the Dayton Agreement parties only if doing so would promote reconciliation as well as reconstruction, including the transfer of war criminals to the International Criminal Tribunal for the Former Yugoslavia (ICTY), the return of refugees and displaced persons, and freedom of movement; and (3) the ICTY should continue to investigate and bring indictments against persons who have violated international humanitarian law.
Prohibits foreign assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act (except humanitarian or democratization assistance, or assistance for physical infrastructure projects) to: (1) any country whose government fails to apprehend and transfer to the ICTY persons in their territory the ICTY has indicted; (2) any program or activity in such country in which an indicted war criminal has any financial interest or through any organization with which the indicted person is affiliated; and (3) any program or activity in any country (other than emergency food, medical, or demining assistance) in which local authorities are not complying with certain articles of the Dayton Agreement.
Directs the Secretary of the Treasury to instruct the U.S. executive directors of the international financial institutions to work in opposition to, and vote against, any extension of any financial assistance or grants to such a country.
Provides for a waiver of such sanctions if a majority of indicted persons within the country's territory have been arrested and transferred to the ICTY. | {"src": "billsum_train", "title": "War Crimes Prosecution Facilitation Act of 1997"} | 1,716 | 383 | 0.559513 | 1.82983 | 0.699386 | 5.024096 | 4.71988 | 0.957831 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Big Oil Tax Subsidies Act of
2010''.
SEC. 2. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES.
(a) In General.--Subparagraph (A) of section 167(h)(5) of the
Internal Revenue Code of 1986 is amended by striking ``major integrated
oil company'' and inserting ``covered large oil company''.
(b) Covered Large Oil Company.--Paragraph (5) of section 167(h) of
such Act is amended by redesignating subparagraph (B) as subparagraph
(C) and by inserting after subparagraph (A) the following new
subparagraph:
``(B) Covered large oil company.--For purposes of
this paragraph, the term `covered large oil company'
means a taxpayer which--
``(i) is a major integrated oil company, or
``(ii) has gross receipts in excess of
$50,000,000 for the taxable year.
For purposes of clause (ii), all persons treated as a
single employer under subsections (a) and (b) of
section 52 shall be treated as 1 person.''.
(c) Conforming Amendment.--The heading for paragraph (5) of section
167(h) of such Code is amended by inserting ``and other large
taxpayers''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2010.
SEC. 3. PRODUCING OIL AND GAS FROM MARGINAL WELLS.
(a) In General.--Section 45I of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--
``(1) In general.--Subsection (a) shall not apply to any
taxpayer which is not a small, independent oil and gas company
for the taxable year.
``(2) Aggregation rule.--For purposes of paragraph (1), all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 person.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to credits determined for taxable years beginning after December
31, 2010.
SEC. 4. ENHANCED OIL RECOVERY CREDIT.
(a) In General.--Section 43 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--
``(1) In general.--Subsection (a) shall not apply to any
taxpayer which is not a small, independent oil and gas company
for the taxable year.
``(2) Aggregation rule.--For purposes of paragraph (1), all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 person.''.
(b) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2010.
SEC. 5. INTANGIBLE DRILLING AND DEVELOPMENT COSTS IN THE CASE OF OIL
AND GAS WELLS.
(a) In General.--Subsection (c) of section 263 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
sentence: ``This subsection shall not apply to amounts paid or incurred
by a taxpayer in any taxable year in which such taxpayer is not a
small, independent oil and gas company, determined by deeming all
persons treated as a single employer under subsections (a) and (b) of
section 52 as 1 person.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2010.
SEC. 6. PERCENTAGE DEPLETION.
(a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--
``(1) In general.--This section and section 611 shall not
apply to any taxpayer which is not a small, independent oil and
gas company for the taxable year.
``(2) Aggregation rule.--For purposes of paragraph (1), all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 person.''.
(b) Conforming Amendment.--Section 613A(c)(1) of such Code is
amended by striking ``subsection (d)'' and inserting ``subsections (d)
and (f)''.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2010.
SEC. 7. TERTIARY INJECTANTS.
(a) In General.--Section 193 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--
``(1) In general.--Subsection (a) shall not apply to any
taxpayer which is not a small, independent oil and gas company
for the taxable year.
``(2) Exception for qualified carbon dioxide disposed in
secure geological storage.--Paragraph (1) shall not apply in
the case of any qualified tertiary injectant expense paid or
incurred for any tertiary injectant is qualified carbon dioxide
(as defined in section 45Q(b)) which is disposed of by the
taxpayer in secure geological storage (as defined by section
45Q(d)).
``(3) Aggregation rule.--For purposes of paragraph (1), all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 person.''.
(b) Effective Date.--The amendment made by this section shall apply
to expenses incurred after December 31, 2010.
SEC. 8. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED.
(a) In General.--Paragraph (3) of section 469(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(C) Exception for taxpayer who is not small,
independent oil and gas company.--
``(i) In general.--Subparagraph (A) shall
not apply to any taxpayer which is not a small,
independent oil and gas company for the taxable
year.
``(ii) Aggregation rule.--For purposes of
clause (i), all persons treated as a single
employer under subsections (a) and (b) of
section 52 shall be treated as 1 person.''.
SEC. 9. INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES.
(a) In General.--Section 199 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--Subsection (a) shall not apply to the income derived from
the production, transportation, or distribution of oil, natural gas, or
any primary product (within the meaning of subsection (d)(9)) thereof
by any taxpayer which for the taxable year is an oil and gas company
which is not a small, independent oil and gas company.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2010.
SEC. 10. PROHIBITION ON USING LAST IN, FIRST-OUT ACCOUNTING FOR MAJOR
INTEGRATED OIL COMPANIES.
(a) In General.--Section 472 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Major Integrated Oil Companies.--Notwithstanding any other
provision of this section, a major integrated oil company (as defined
in section 167(h)) may not use the method provided in subsection (b) in
inventorying of any goods.''.
(b) Effective Date and Special Rule.--
(1) In general.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2010.
(2) Change in method of accounting.--In the case of any
taxpayer required by the amendment made by this section to
change its method of accounting for its first taxable year
beginning after the date of the enactment of this Act--
(A) such change shall be treated as initiated by
the taxpayer,
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury, and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken
into account ratably over a period (not greater than 8
taxable years) beginning with such first taxable year.
SEC. 11. NO EXPENSING FOR REFINERIES PROCESSING LIQUID FUEL FROM TAR
SANDS, SHALE, OR COAL.
(a) In General.--Subsection (f) of section 179C of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
paragraph (1), by striking the period at the end of paragraph (2) and
inserting ``, or'', and by inserting after paragraph (2) the following
new paragraph:
``(3) which is used to process liquid fuel from tar sands,
shale, or coal (including lignite).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2010. | End Big Oil Tax Subsidies Act of 2010 - Amends the Internal Revenue Code to require seven-year amortization of the geological and geophysical expenditures of covered large oil companies. Defines "covered large oil company" as a taxpayer which is a major integrated oil company or which has gross receipts in excess of $50 million in a taxable year.
Denies certain tax benefits to any taxpayer that is not a small, independent oil and gas company, including: (1) the tax credits for producing oil and gas from marginal wells and for enhanced oil recovery; (2) expensing of intangible drilling and development costs in the case of gas wells and geothermal wells; (3) percentage depletion; (4) the tax deduction for qualified tertiary injectant expenses; (5) the exemption from limitations on passive activity losses; and (6) the tax deduction for income attributable to domestic production activities.
Prohibits the use of the last-in, first-out (LIFO) accounting method by major integrated oil companies.
Denies the election to expense the cost of refinery property which is used to process liquid fuel from tar sands, shale, or coal (including lignite). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal fossil fuel subsidies for large oil companies."} | 2,260 | 266 | 0.576923 | 1.682998 | 0.803234 | 3.832599 | 8.54185 | 0.872247 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gateway Communities Cooperation
Act''.
SEC. 2. IMPROVED RELATIONSHIP BETWEEN FEDERAL LAND MANAGERS AND GATEWAY
COMMUNITIES TO SUPPORT COMPATIBLE LAND MANAGEMENT OF BOTH
FEDERAL AND ADJACENT LANDS.
(a) Findings.--Congress finds the following:
(1) Many communities that abut or are near Federal lands,
including units of the National Park System, units of the
National Wildlife Refuge System, units of the National Forest
System, and lands administered by the Bureau of Land
Management, are vitally impacted by the management and public
use of these Federal lands.
(2) Some of these communities, commonly known as gateway
communities, fulfill an integral part in the mission of the
Federal lands by providing necessary services, such as schools,
roads, search and rescue, emergency service, medical support,
logistical support, living quarters, and drinking water and
sanitary systems for visitors to the Federal lands and
employees of Federal land management agencies.
(3) Provision of these vital services by gateway
communities is an essential ingredient for a meaningful and
enjoyable experience by visitors to the Federal lands because
Federal land management agencies are unable to provide, or are
prevented from providing, these services.
(4) Many gateway communities serve as an entry point for
persons who visit the Federal lands and are ideal for
establishment of visitor services, including lodging, food
service, fuel, auto repairs, emergency services, and visitor
information.
(5) Development in some gateway communities may impact the
management and protection of these Federal lands.
(6) The planning and management decisions of Federal land
managers can have unintended consequences for gateway
communities and the Federal lands when the decisions are not
adequately communicated to, or coordinated with, the elected
officials and residents of gateway communities.
(7) Experts in land management planning are available to
Federal land managers, but persons with technical planning
skills are often not readily available to gateway communities,
particularly small gateway communities.
(8) Gateway communities are often affected by the policies
and actions of several Federal land management agencies and the
communities and the agencies would benefit from greater
interagency coordination of those policies and actions.
(9) Persuading gateway communities to make decisions and
undertake actions in their communities that would also be in
the best interest of the Federal lands is most likely to occur
when such decisionmaking and actions are built upon a
foundation of cooperation and coordination.
(b) Purpose.--The purpose of this section is to require Federal
land managers to communicate, coordinate, and cooperate with gateway
communities in order to--
(1) improve the relationships among Federal land managers,
elected officials, and residents of gateway communities;
(2) enhance the facilities and services in gateway
communities available to visitors to Federal lands when
compatible with the management of these lands, including the
availability of historical and cultural resources; and
(3) result in better local land use planning in gateway
communities and decisions by the relevant Secretary.
(c) Definitions.--For the purpose of this section, the following
definitions apply:
(1) Gateway community.--The term ``gateway community''
means a county, city, town, village, or other subdivision of a
State, a federally recognized Indian tribe, or Alaska Native
village, that--
(A) is incorporated or recognized in a county or
regional land use plan or within tribal jurisdictional
boundaries; and
(B) the relevant Secretary (or the head of the
tourism office for the State) determines is
significantly affected economically, socially, or
environmentally by planning and management decisions
regarding Federal lands administered by the relevant
Secretary.
(2) Relevant secretary--The term ``relevant Secretary''
means the Secretary of the Interior or the Secretary of
Agriculture, as appropriate.
(d) Participation in Federal Planning and Land Use.--
(1) Participation in planning.--At the earliest possible
time, the relevant Secretary shall solicit the involvement of
elected and appointed officials of governments of gateway
communities in the development of land use plans, programs,
land use regulations, land use decisions, transportation plans,
general management plans, and any other plans, decisions,
projects, or policies for Federal lands under the jurisdiction
of these Federal agencies that are likely to have a significant
impact on these gateway communities.
(2) Information provided.--To facilitate such involvement,
the relevant Secretary shall provide the appropriate officials,
at the earliest possible time but not later than the scoping
process, with the following:
(A) A summary, in nontechnical language, of the
assumptions, purposes, goals, and objectives of the a
plan, decision, project, or policy.
(B) A description of any anticipated significant
impact of the plan, decision, project, or policy on
gateway communities.
(C) Information regarding the technical assistance
and training available to the gateway community.
(3) Training sessions.--At the request of a gateway
community, the relevant Secretary shall offer training sessions
for elected and appointed officials of gateway communities at
which such officials can obtain a better understanding of--
(A) the agency planning processes; and
(B) the methods by which they can participate most
meaningfully in the development of the agency plans,
decisions, and policies referred to in paragraph (1).
(4) Technical assistance.--At the request of a gateway
community, the relevant Secretary shall make available
personnel, on a temporary basis, to assist gateway communities
in development of mutually compatible land use or management
plans.
(5) Coordination of land use.--The relevant Secretary may
enter into cooperative agreements with gateway communities to
coordinate the management of--
(A) the land use inventory, planning, and
management activities for the Federal lands
administered by the relevant Secretary; and
(B) the land use planning and management activities
of other Federal agencies, agencies of the State in
which the Federal lands are located, and local and
tribal governments in the vicinity of the Federal
lands.
(6) Interagency cooperation and coordination.--To the
extent practicable, when the plans and activities of 2 or more
Federal agencies are anticipated to have a significant impact
on a gateway community, the Federal agencies involved shall
consolidate and coordinate their plans and planning processes
to facilitate the participation of affected gateway communities
in the planning processes.
(7) Treatment as cooperating agencies.--To the earliest
extent practicable, but not later than the scoping process,
when a proposed action is determined to require an
environmental impact statement, the relevant Secretary shall
allow any affected gateway communities the opportunity to be
recognized as cooperating agencies under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(e) Grants to Small Gateway Communities.--
(1) In general.--The relevant Secretary may make grants to
any gateway community with a population of 10,000 or less to
carry out the purposes of this section.
(2) Authorization of appropriations for grantmaking.--
There are hereby authorized to be appropriated $10,000,000 for
each fiscal year for grants under this subsection.
(f) Authorization of Appropriations.--There are hereby authorized
to be appropriated to carry out this Act (other than for grants under
subsection (e)), $10,000,000 for each fiscal year.
Passed the House of Representatives July 19, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Gateway Communities Cooperation Act - Directs the Secretary of the Interior or the Secretary of Agriculture (the relevant Secretary) to: (1) solicit involvement by government officials of local gateway communities (communities, including recognized Indian tribes or Alaska Native villages, that abut or are near public lands) in the development of land use plans, programs, regulations, and decisions, transportation plans, general management plans, and any other public land plans, decisions, projects, or policies for public lands under the jurisdiction of the National Park Service, the United States Forest Service, the U.S. Fish and Wildlife Service, and the Bureau of Land Management which are likely to have a significant impact; (2) facilitate such involvement, provide the appropriate officials with a summary of the assumptions, purposes, goals, and objectives of a plan, decision, project, or policy, a description of any anticipated significant impact, and information regarding the technical assistance and training available; (3) at the request of a gateway community, offer training sessions for officials for understanding and participating in agency planning processes and the methods by which they can most meaningfully participate in the development of agency plans, decisions, and policies; and (4) at the request of a gateway community, make available personnel, on a temporary basis, to assist gateway communities in the development of mutually compatible land use or management plans.
Authorizes the relevant Secretary to enter into cooperative agreements with gateway communities to coordinate the management of: (1) the land use inventory, planning, and management activities administered by such Secretary; and (2) the land use planning and management activities of other Federal agencies, agencies of the State in which the public lands are located, and local and tribal governments in the vicinity of such lands. Requires, when the plans of two or more Federal agencies are anticipated to have an impact on a gateway community, the consolidation and coordination of the agencies' plans and planning processes in order to facilitate the participation of affected gateway communities. Directs the relevant Secretary to allow any affected gateway communities the opportunity to be recognized as cooperating agencies under the National Environmental Policy Act of 1969 when a proposed action is determined to require an environmental impact statement. Allows the relevant Secretary to make grants to any gateway community with a population of 10,000 or less to carry out the purposes of this Act. Authorizes appropriations. | {"src": "billsum_train", "title": "To require Federal land managers to support, and to communicate, coordinate, and cooperate with, designated gateway communities, to improve the ability of gateway communities to participate in Federal land management planning conducted by the Forest Service and agencies of the Department of the Interior, and to respond to the impacts of the public use of the Federal lands administered by these agencies, and for other purposes."} | 1,566 | 484 | 0.678043 | 2.393269 | 0.761407 | 4.671772 | 3.339168 | 0.960613 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Children Covered Act of 2006''.
SEC. 2. ELIMINATION OF SCHIP FUNDING SHORTFALLS FOR FISCAL YEAR 2007.
(a) In General.--Section 2104 of the Social Security Act (42 U.S.C.
1397dd) is amended--
(1) in each of subsections (a), (b)(1), and (c)(1), by
striking ``subsection (d)'' and inserting ``subsections (d) and
(h)''; and
(2) by adding at the end the following new subsection:
``(h) Special Rule for Redistribution of Unspent Fiscal Year 2004
Allotments and Additional Allotments to Eliminate Fiscal Year 2007
Funding Shortfalls.--
``(1) Special rule for redistribution of fiscal year 2004
allotments.--
``(A) In general.--In the case of a State that
expends all of its allotment under subsection (b) or
(c) of this section for fiscal year 2004 by the end of
fiscal year 2006 and is an initial shortfall State
described in subparagraph (B), the Secretary shall
redistribute to the State under subsection (f) of this
section (from the fiscal year 2004 allotments of other
States) the following amount:
``(i) State.--In the case of one of the 50
States or the District of Columbia, the amount
specified in subparagraph (C)(i) (less the
total of the amounts under clause (ii)),
multiplied by the ratio of the amount specified
in subparagraph (C)(ii) for the State to the
amount specified in subparagraph (C)(iii).
``(ii) Territory.--In the case of a
commonwealth or territory described in
subsection (c)(3), an amount that bears the
same ratio to 1.05 percent of the amount
specified in subparagraph (C)(i) as the ratio
of the commonwealth's or territory's fiscal
year 2004 allotment under subsection (c) bears
to the total of all such allotments for such
fiscal year under such subsection.
``(B) Initial shortfall state described.--For
purposes of subparagraph (A), an initial shortfall
State is a State with a State child health plan
approved under this title for which the Secretary
estimates, on the basis of the most recent data
available to the Secretary as of the date of the
enactment of this subsection, that the projected
Federal expenditures under such plan for such State for
fiscal year 2007 will exceed the sum of--
``(i) the amount of the State's allotments
for each of fiscal years 2005 and 2006 that
will not be expended by the end of fiscal year
2006; and
``(ii) the amount of the State's allotment
for fiscal year 2007.
``(C) Amounts used in computing redistributions for
fiscal year 2004 allotments.--For purposes of
subparagraph (A)(i)--
``(i) the amount specified in this clause
is the total amount of unspent fiscal year 2004
allotments available for redistribution under
subsection (f);
``(ii) the amount specified in this clause
for an initial shortfall State is the amount
the Secretary determines will eliminate the
estimated shortfall described in subparagraph
(B) for the State; and
``(iii) the amount specified in this clause
is the total sum of the amounts specified in
clause (ii) for all initial shortfall States.
``(2) Additional allotments to eliminate fiscal year 2007
funding shortfalls remaining after redistribution of unspent
fiscal year 2004 allotments.--
``(A) In general.--In addition to the allotments
provided under subsection (b) and (c) for fiscal year
2007, the Secretary shall allot to each remaining
shortfall State described in subparagraph (B) such
amount as the Secretary determines will eliminate the
estimated shortfall described in such subparagraph for
the State.
``(B) Remaining shortfall state described.--For
purposes of subparagraph (A), a remaining shortfall
State is a State (including a commonwealth or territory
described in subsection (c)(3)) with a State child
health plan approved under this title for which the
Secretary estimates, on the basis of the most recent
data available to the Secretary as of the date of the
enactment of this subsection, that the projected
federal expenditures under such plan for such State for
fiscal year 2007 will exceed the sum of--
``(i) the amount of the State's allotments
for each of fiscal years 2005 and 2006 that
will not be expended by the end of fiscal year
2006;
``(ii) the amount of the State's allotment
for fiscal year 2007; and
``(iii) the amount, if any, of unspent
allotments for fiscal year 2004 that are to be
redistributed to the State during fiscal year
2007 in accordance with subsection (f) and
paragraph (1).
``(C) 1-year availability; no redistribution of
unexpended additional allotments.--Notwithstanding
subsections (e) and (f), amounts allotted to a
remaining shortfall State pursuant to this paragraph
shall only remain available for expenditure by the
State through September 30, 2007. Any amounts of such
allotments that remain unexpended as of such date shall
not be subject to redistribution under subsection (f)
and shall revert to the Treasury on October 1, 2007.
``(D) Appropriation; allotment authority.--For the
purpose of providing additional allotments to remaining
shortfall States under this paragraph there is
appropriated, out of any funds in the Treasury not
otherwise appropriated, such sums as are necessary for
fiscal year 2007.''.
(b) Extending Authority for Qualifying States to Use Certain Funds
for Medicaid Expenditures.--Section 2105(g)(1)(A) of the Social
Security Act (42 U.S.C. 1397ee(g)(1)(A)) is amended by striking ``or
2005'' and inserting ``2005, or 2006''.
(c) Effective Date.--The amendments made by this section apply to
items and services furnished on or after October 1, 2006, without
regard to whether or not regulations implementing such amendments have
been issued.
(d) Period of Effectiveness.--Section 2104(h)(2) of the Social
Security Act (as added by subsection (a)) shall terminate on September
30, 2007, and shall be considered to have expired notwithstanding
section 257 of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 907). | Keep Children Covered Act of 2006 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) to: (1) establish a special rule for redistribution of unspent FY2004 allotments; (2) provide for additional allotments to eliminate FY2007 funding shortfalls remaining after redistribution of unspent FY2004 allotments; and (3) extend authority through FY2006 for qualifying states to use certain SCHIP funds for Medicaid expenditures. | {"src": "billsum_train", "title": "A bill to amend title XXI of the Social Security Act to eliminate funding shortfalls for the State Children's Health Insurance Program (SCHIP) for fiscal year 2007."} | 1,558 | 112 | 0.543799 | 1.398611 | 0.849838 | 2.948052 | 16.922078 | 0.844156 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Choices for Seniors
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Social Security Administration's Program Operations
Manual System section HI 00801.002, titled ``Waiver of Hospital
Insurance Entitlement by Monthly Beneficiary'', provides that
an individual who does not sign up for part A of the Medicare
program when the individual signs up for social security
benefits will lose such benefits, regardless of the desire of
the individual to not participate in the Medicare program
because of religious or philosophical reasons or a preference
to have private health insurance.
(2) As part of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 (Public Law 108-173), Congress
increased health insurance options by authorizing health
savings accounts into which individuals may make annual
contributions of not more than $2,650 and families may make
such contributions of not more than $5,250 that are allowable
as deductions for income tax purposes. Seniors are not allowed
to deduct contributions to their health savings account after
the date of the entitlement of such seniors to Medicare
benefits.
(3) Section 1802(b) of the Social Security Act (42 U.S.C.
1395a(b)), added by section 4507 of the Balanced Budget Act of
1997, states that a Medicare beneficiary may only enter into a
private contract with a physician for an item or service if no
claim for payment under title XVIII of such Act will be
submitted. In the case of such contract, the physician must
sign an affidavit that acknowledges such contract and that
provides that the physician will not submit a claim, and will
forgo reimbursement, under such title for an item or service
provided to any Medicare beneficiary for a period of two years.
SEC. 3. AUTHORITY TO ELECT VOUCHER PROGRAM INSTEAD OF MEDICARE PART A
ENTITLEMENT.
(a) In General.--Section 226 of the Social Security Act (42 U.S.C.
426) is amended by adding at the end the following new subsections:
``(k) Waiver of Entitlement and Election of Voucher Program.--
``(1) In general.--Notwithstanding the previous provisions
of this section, the Secretary shall establish a procedure
under which an individual otherwise entitled under subsection
(a) to benefits under part A of title XVIII may waive such
entitlement and be automatically enrolled in the Medicare
Alternative Voucher Program established under subsection (l)
if--
``(A) at the time such waiver is made the
individual--
``(i) has a health savings account
described in subsection (d) of section 223 of
the Internal Revenue Code of 1986 (26 U.S.C.
223); and
``(ii) is enrolled under a high deductible
health plan, as defined in subsection (c)(1) of
such section; and
``(B) the individual makes such waiver during the
initial enrollment period described in section 1837(d).
``(2) Treatment under the internal revenue code of 1986.--
An individual who waives entitlement under paragraph (1) shall
not be treated as entitled to benefits under title XVIII for
purposes of section 223(b)(7) of the Internal Revenue Code of
1986.
``(3) Ineligibility for part b or d benefits.--An
individual shall not be eligible for benefits under part B or D
of title XVIII during the period for which the individual
waives entitlement under part A of such title under paragraph
(1).
``(4) Termination of waiver and reenrollment under medicare
program.--The Secretary shall establish a procedure under which
an individual who waives entitlement under paragraph (1) may
terminate such waiver during an annual period that shall be the
same as the annual general enrollment period described in
section 1837(e). For purposes of applying parts B and D of
title XVIII, such individual shall be treated as if the
individual were entitled to benefits under part A of such title
as of the date such individual terminates the waiver under this
paragraph. An individual who has terminated such a waiver may
not subsequently make such a waiver.
``(l) Medicare Alternative Voucher Program.--
``(1) Establishment of program.--The Secretary shall
establish a program to be known as the Medicare Alternative
Voucher Program (in this subsection referred to as the `voucher
program') consistent with this subsection.
``(2) Automatic enrollment.--An individual who waives
entitlement under subsection (k)(1) shall be enrolled in the
voucher program for the period during which such waiver is in
effect.
``(3) Amount of voucher.--
``(A) Amount based on age cohort.--
``(i) In general.--Subject to clause (ii),
for each month that an individual within an age
cohort is enrolled in the voucher program, the
Secretary shall provide a voucher to such
individual in an amount that is equal to the
monthly actuarial rate for that month computed
under section 1818(d)(1) multiplied by the age
cohort adjustment factor for such age cohort
under subparagraph (B).
``(ii) Monthly limit.--The amount of a
voucher provided to an individual for a month
may not exceed $200.
``(B) Age cohort adjustment factor.--For each age
cohort the Secretary shall determine an age cohort
adjustment factor equal to the ratio of--
``(i) the monthly actuarial rate described
in section 1818(d)(1) as determined by the
Secretary for individuals in such age cohort,
to
``(ii) the monthly actuarial rate described
in such section.
``(C) Age cohort defined.--For purposes of this
paragraph, an `age cohort' means a group of individuals
whose age falls within a span of five consecutive
years, consistent with the following:
``(i) The first such span begins at age 65.
``(ii) Other spans follow consecutively.
``(4) Permissible use of voucher.--A voucher under
paragraph (3) may be used only for the following purposes:
``(A) As a contribution into a health savings
account established by such individual, as described in
subsection (k)(1)(A).
``(B) For payment of premiums for enrollment of
such individual under a high deductible health plan
described in such subsection.
``(5) Effect of subsequent termination of waiver.--If an
individual terminates a waiver under subsection (k)(3), the
enrollment of such individual in the voucher program shall be
terminated on the date on which the termination becomes
effective.''.
(b) Amendment of Internal Revenue Code of 1986.--Paragraph (7) of
section 223(b) of the Internal Revenue Code of 1986 (relating to
Medicare eligible individuals) is amended to read as follows:
``(7) Medicare eligible individuals.--
``(A) In general.--The limitation under this
subsection for any month with respect to an individual
shall be zero for any month such individual is entitled
to benefits under title XVIII of the Social Security
Act.
``(B) Medicare alternative voucher program.--In the
case of an individual who is enrolled in the Medicare
Alternative Voucher Program under section 226(l) of the
Social Security Act, the applicable limitation under
subparagraphs (A) and (B) of paragraph (2) shall be
increased by the amount of the voucher described in
paragraph (3) of such section which is contributed to a
health savings account of such individual.''.
(c) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
take effect on the date that is six months after the date of
the enactment of this Act and shall apply to an individual who
becomes entitled to benefits under part A of title XVIII of the
Social Security Act on or after such date of the enactment.
(2) Amendment of internal revenue code of 1986.--The
amendment made by subsection (b) shall apply to months ending
after the date referred to in paragraph (1), in taxable years
ending after such date.
SEC. 4. SUSPENSION OF MEDICARE LATE ENROLLMENT PENALTIES BETWEEN AGES
65 AND 70.
(a) Part B.--The second sentence of section 1839(b) of the Social
Security Act (42 U.S.C. 1395r(b)) is amended by inserting before the
period the following: ``and there shall not be taken into account (for
individuals not entitled to benefits under section 226A) any month
during any part of which the individual attained age 65 and has not
attained age 70''.
(b) Part D.--
(1) In general.--Section 1860D-13(b)(2) of such Act (42
U.S.C. 1395w-113(b)(2)) is amended by adding at the end the
following sentence: ``For purposes of the preceeding sentence,
in the case of an individual not entitled to benefits under
part A under section 226A, a continuous period of eligibility
shall not include any month during any part of which the
individual attained age 65 and has not attained age 70.''.
(2) Conforming amendment.--Section 1860D-1(b)(6)(A) of such
Act (42 U.S.C. 1395w-101(b)(6)(A)) is amended by inserting
after ``paragraph (2)'' the following: ``, but excluding the
period between 65 and 70 years of age''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who attain 65 years of age in a month after the
month in which this Act is enacted. | Health Care Choices for Seniors Act - Amends title II (Old Age, Survivor's and Disability Insurance) (OASDI) of the Social Security Act (SSA) to require the Secretary of Health and Human Services to establish a procedure under which an individual otherwise entitled to benefits under part A (Hospital Insurance) of SSA title XVIII (Medicare) may waive such entitlement and be automatically enrolled in the Medicare Alternative Voucher Program (MAV Program).
Directs the Secretary to establish the MAV Program, under which a voucher may be used as a contribution into a health savings account and for the payment of enrollment premiums under a high deductible health plan.
Amends the Internal Revenue Code to increase the amount of the itemized deduction for health savings accounts by the amount of the MAV that is contributed to an individual's health savings account.
Suspends Medicare late enrollment penalties for an individual between ages 65 and 70. | {"src": "billsum_train", "title": "To amend the Social Security Act to improve choices available to Medicare eligible seniors by permitting them to elect (instead of regular Medicare benefits) to receive a voucher for a health savings account, for premiums for a high deductible health insurance plan, or both and by suspending Medicare late enrollment penalties between ages 65 and 70."} | 2,164 | 210 | 0.535724 | 1.491047 | 0.618247 | 3.017241 | 11.034483 | 0.890805 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability in Foreign Aid Act of
2014''.
SEC. 2. REIMBURSEMENT FOR STATES AND POLITICAL SUBDIVISIONS.
(a) In General.--The Secretary of the Treasury shall establish a
program for the purpose of reimbursing States, and political
subdivisions of States, for expenses required to be incurred and
related to the presence within the geographical area of the State or
political subdivision of aliens having no lawful immigration status in
the United States.
(b) Expenses Described.--The expenses described in subsection (a)
shall include expenses such as the following:
(1) Public elementary and secondary education.
(2) Incarceration and detention.
(3) Public benefits described in section 411(b) of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1621(b)).
(c) Exceptions.--Expenses are not reimbursable under this section
if the Secretary of the Treasury determines that--
(1) the State or political subdivision has failed to submit
sufficient documents, statements, or records necessary to
support the request for reimbursement;
(2) the State or political subdivision otherwise has been
substantially compensated for the expenses; or
(3) such compensation will be forthcoming in a reasonable
period of time.
(d) Public Elementary and Secondary Education.--
(1) In general.--Compensation for a local educational
agency under subsection (b)(1) shall be based on--
(A) the number of children having no lawful
immigration status in the United States who were in
average daily attendance during the preceding school
year at the schools of such agency and for whom such
agency provided a free public education; multiplied by
(B) the average per-pupil expenditure of the State
in which the local educational agency is located.
(2) Definitions.--For purposes of this subsection, the
terms ``average daily attendance'', ``average per-pupil
expenditure'', ``free public education'', and ``local
educational agency'' have the meanings given such terms in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(e) Incarceration and Detention.--Compensation under subsection
(b)(2) shall be the average cost of incarceration of a prisoner in the
relevant State, as determined by the Attorney General.
(f) Applications.--
(1) State applications.--A State desiring to receive
reimbursement for expenses required to be incurred by the State
and related to the presence within the geographical area of the
State of aliens having no lawful immigration status in the
United States shall submit an application for such payment to
the Secretary of the Treasury. Such application shall be
submitted not later than September 30 of each year.
(2) Local applications.--A political subdivision of a State
desiring to receive reimbursement for expenses required to be
incurred by the political subdivision and related to the
presence within the geographical area of the political
subdivision of aliens having no lawful immigration status in
the United States shall submit an application for such payment
to the State. Subject to verification (as determined necessary
by the State), the State shall include such local expenses in
the State application submitted under paragraph (1). The
Governor of the State shall establish deadlines for the
submission of local applications under this paragraph, and
shall distribute all funds received from the Secretary of the
Treasury on behalf of a political subdivision of a State to the
political subdivision.
(g) Insufficient Appropriations.--
(1) In general.--If the amount made available to carry out
this section for a fiscal year is insufficient to pay the full
amount determined by the Secretary of the Treasury to be due to
all States for the year, the Secretary shall ratably reduce the
payment to each State.
(2) Resubmission.--If a State or political subdivision of a
State does not receive reimbursement for any expense due to a
reduction made under paragraph (1), the State or political
subdivision may resubmit documentation for the succeeding
fiscal year demonstrating the validity of the claimed amount
and that the amount has not yet been reimbursed from any other
source.
(h) Confidentiality of Information.--
(1) In general.--In carrying out this section, the
Secretary of the Treasury shall not--
(A) make any publication whereby the information
furnished by any particular alien can be identified; or
(B) permit anyone other than the sworn officers and
employees of the Department of the Treasury to examine
individually identifiable information.
(2) Immigration officials.--Except as provided in this
subsection, the Secretary of Homeland Security, the Attorney
General, the Secretary of State, any other official or employee
of the Department of Homeland Security, the Department of
Justice, or the Department of State, or any bureau or agency
thereof, shall not use information collected or furnished in
support of requests for reimbursement under this section for
any purpose.
(3) Required disclosures.--The Secretary of the Treasury
shall provide the information furnished under this section, and
any other information derived from such furnished information,
to a duly recognized law enforcement entity in connection with
a criminal investigation or prosecution of fraud or other
malfeasance under this section, when such information is
requested in writing by such entity.
(i) Verification of Immigration Status of Aliens.--Notwithstanding
any other provision of law, when used for purposes of establishing or
demonstrating eligibility for reimbursement under this section, the
head of each State or local public agency that incurs costs in
connection with a benefit or service provided to an alien may use the
immigration status verification system of such agency or the Systematic
Alien Verification For Entitlements Program (SAVE) of the Department of
Homeland Security to determine the immigration status of such alien.
SEC. 3. TRANSFER OF FUNDS.
15 percent of any discretionary amounts made available for each of
fiscal years 2016 through 2021 for the Department of State, Foreign
Operations, and Related Programs (other than amounts made available for
``Bilateral Economic Assistance--Funds Appropriated to the President--
Global Health Programs'' and ``Department of State--Nonproliferation,
Anti-Terrorism, Demining and Related Programs'') for foreign assistance
shall be made available to the Secretary of the Treasury to carry out
section 2 of this Act for a 90-day period beginning on the date of the
enactment of each Act appropriating such amounts. | Accountability in Foreign Aid Act of 2014 - Directs the Secretary of the Treasury to establish a program to reimburse states and their political subdivisions for qualifying education, incarceration, and public benefit expenses related to the presence of aliens having no lawful U.S. immigration status within their geographical area. Makes specified foreign assistance amounts available for such reimbursements. | {"src": "billsum_train", "title": "Accountability in Foreign Aid Act of 2014"} | 1,411 | 78 | 0.534282 | 1.279722 | 0.822542 | 2.596774 | 20.790323 | 0.854839 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Safety Enforcement Enhancement
Act of 1997''.
SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(a) In General.--The Federal, Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) is amended by adding after section 413 the
following new sections:
``SEC. 414. NOTIFICATION AND RECALL.
``(a) Notice to Secretary of Adulteration or Misbranding.--Any
person (other than a household consumer or other individual who is the
intended consumer of an article of food) that has a reasonable basis
for believing that any article of food introduced into or in interstate
commerce, or held for sale (whether or not the first sale) after
shipment in interstate commerce, may be adulterated or misbranded shall
immediately notify the Secretary, in such manner and by such means as
the Secretary may by regulation prescribe, of the identity and location
of such article.
``(b) Recall and Consumer Notification.--
``(1) Voluntary procedures.--If the Secretary finds, upon
such notification or otherwise, that any article of food is
adulterated or misbranded when introduced into or while in
interstate commerce or while held for sale (whether or not the
first sale) after shipment in interstate commerce and there is
a reasonable probability that such article, if consumed, would
present a threat to public health, as determined by the
Secretary, the Secretary shall provide the appropriate persons
(including the manufacturers, importers, distributors, or
retailers) with an opportunity to--
``(A) cease distribution of such article,
``(B) notify all persons--
``(i) producing, manufacturing, packing,
processing, preparing, treating, packaging,
distributing, or holding such article, or
``(ii) to which such article has been
distributed, transported, or sold,
to immediately cease distribution of such article,
``(C) recall such article,
``(D) provide, in consultation with the Secretary,
notice to consumers to whom such article was, or may
have been, distributed, or
``(E) take any combination of the above measures,
as appropriate in the circumstances.
``(2) Pre-hearing order to cease distribution and give
notice.--If such person refuses to or does not voluntarily
cease distribution, make notification, recall such article, or
provide notice to consumers, as applicable, within the time and
in the manner prescribed by the Secretary, the Secretary shall,
by order, require, as the Secretary deems necessary, such
person to--
``(A) immediately cease distribution of such
article,
``(B) immediately notify all persons--
``(i) producing, manufacturing, packing,
processing, preparing, treating, packaging,
distributing, or holding such article, or
``(ii) to which such article has been
distributed, transported, or sold,
to immediately cease distribution of such article, or
``(C) immediately take the actions specified in
both subparagraphs (A) and (B).
``(3) Notification of consumers by secretary.--The
Secretary shall, as the Secretary deems necessary, provide
notice to consumers to whom such article was, or may have been,
distributed.
``(c) Hearing on Order.--The Secretary shall provide any person
subject to an order under subsection (b) with an opportunity for a
hearing, to be held as soon as possible but not later than 2 days after
the issuance of the order, on the actions required by the order and on
why the article that is the subject of the order should not be
recalled.
``(d) Post-Hearing Recall Order.--
``(1) Amendment of order.--If, after providing opportunity
for a hearing under subsection (c), the Secretary determines
that there is a reasonable probability that the article that is
the subject of an order under subsection (b), if consumed,
presents a threat to public health, the Secretary, as the
Secretary deems necessary, may--
``(A) amend the order to require recall of such
article or other appropriate action,
``(B) specify a timetable in which the recall shall
occur,
``(C) require periodic reports to the Secretary
describing the progress of the recall, and
``(D) provide notice to consumers to whom such
article was, or may have been, distributed.
``(2) Vacation of order.--If, after such a hearing, the
Secretary determines that adequate grounds do not exist to
continue the actions required by the order, the Secretary shall
vacate the order.
``(e) Remedies Not Exclusive.--The remedies provided in this
section shall be in addition to and not exclusive of other remedies
that may be available.
``SEC. 418. CIVIL PENALTIES.
``(a) In General.--
``(1) Acts subject to penalty; penalty amount.--Any person
that commits an act prohibited by section 301 with respect to
food may be assessed a civil penalty by the Secretary of not
more than $100,000 for each such act. Each such act and each
day during which such act continues shall be a separate
offense.
``(2) Notice and hearing.--No penalty shall be assessed by
the Secretary under this section unless such person is given
notice and opportunity for a hearing on the record before the
Secretary in accordance with sections 554 and 556 of title 5,
United States Code.
``(3) Other requirements.--The amount of such civil penalty
shall be assessed by the Secretary by written order, taking
into account the gravity of the violation, degree of
culpability, size and type of business, and any history of
prior offenses; and may be reviewed only as provided in
subsection (b).
``(b) Judicial Review.--An order assessing a civil penalty under
subsection (a) shall be final and conclusive unless the person files,
within 30 days from the effective date of the order, an application for
judicial review in the Court of Appeals of the United States for the
circuit in which such person resides or has its principal place of
business or in the United States Court of Appeals for the District of
Columbia Circuit by filing a notice of appeal in such court and by
simultaneously sending a copy of such notice by certified mail to the
Secretary. The Secretary shall promptly file in such court a certified
copy of the record upon which such penalty was assessed. The findings
of the Secretary shall be set aside only if found to be unsupported by
substantial evidence on the record as a whole.
``(c) Collection Actions.--If any person fails to pay an assessment
of a civil penalty after it has become a final and unappealable order,
or after the appropriate court of appeals has entered final judgment in
favor of the Secretary, the Secretary shall refer the matter to the
Attorney General, who shall institute a civil action to recover the
amount assessed in an appropriate district court of the United States.
In such collection action, the validity and appropriateness of the
Secretary's order imposing the civil penalty shall not be subject to
review.
``(d) Penalties Paid Into Treasury.--All penalties collected under
authority of this section shall be paid into the Treasury of the United
States.
``(e) Secretary's Discretion To Prosecute.--Nothing in this Act
shall be construed as requiring the Secretary to report for
prosecution, or for the institution of libel or injunction proceedings,
violations of this Act whenever the Secretary believes that the public
interest will be adequately served by assessment of civil penalties.
``(f) Remedies Not Exclusive.--The remedies provided in this
section shall be in addition to and not exclusive of other remedies
that may be available.''.
(b) Conforming Amendment; 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 new subsection:
``(x) The failure or refusal to comply with an order issued under
section 414(b)(2) or 414(d).''.
SEC. 3. WHISTLEBLOWER PROTECTION.
(a) In General.--No employee or other person may be harassed,
prosecuted, held liable, or discriminated against in any way because
that person--
(1) has commenced, caused to be commenced, or is about to
commence a proceeding, testified or is about to testify at a
proceeding, or assisted or participated or is about to assist
or participate in any manner in such a proceeding or in any
other action to carry out the purposes, functions, or
responsibilities of the Federal Food, Drug, and Cosmetic Act,
or of the Department of Agriculture; or
(2) is refusing to violate or assist in violation of law,
rule, or regulation.
(b) Procedures and Penalties.--The process and procedures with
respect to prohibited discrimination under subsection (a) shall be
governed by the applicable provisions of section 31105 of title 49,
United States Code, unless the party bringing an action under this
subsection chooses alternative dispute resolution procedures such as
mediation or arbitration.
(c) Burdens of Proof.--The legal burdens of proof with respect to
prohibited discrimination under subsection (a) shall be governed by the
applicable provisions of sections 1214 and 1221 of title 5, United
States Code. | Food Safety Enforcement Enhancement Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act to require a person, other than a household consumer, who has reason to believe that any food item introduced into commerce or held for sale is adulterated or misbranded to so notify the Secretary of Agriculture. Requires the Secretary to then: (1) cease distribution of such item; (2) provide appropriate producer and consumer notification; (3) recall such item; or (4) take any combination of such actions. Empowers the Secretary to impose a pre-hearing order to cease distribution of such item. Outlines hearing procedures for the recall of such item.
Provides with respect to this Act: (1) civil penalties for violations; and (2) whistleblower protections for employees exercising rights provided. | {"src": "billsum_train", "title": "Food Safety Enforcement Enhancement Act of 1997"} | 2,089 | 167 | 0.587221 | 1.630124 | 0.767462 | 2.625 | 12.1625 | 0.8375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homemaker Employment Assistance and
Lifeskills Act.''
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--The purpose of this Act is to provide assistance to
States for preparatory services, education and training programs,
support service assistance, and referral services to displaced
homemakers, single parents, and individuals pursuing nontraditional
occupations. Such assistance will create workforce pathways for
individuals in transition and help meet the employment needs of a high
skilled, information technology economy.
(b) Findings.--Congress finds the following:
(1) A high quality, productive, and diverse workforce is
necessary to compete in the global economy.
(2) There are approximately 15,000,000 displaced homemakers
and single parents in the United States for whom the pathway to
employment and economic independence requires education and
training services.
(3) The education and training needs of displaced
homemakers, single parents, and individuals pursuing
nontraditional occupations are not sufficiently met through
existing systems.
(4) Displaced homemakers and single parents represent an
untapped resource to enter unfilled positions in the
information technology sector.
(5) Employment in information technology and nontraditional
careers offers wages and advancement opportunities to help
families achieve economic independence.
SEC. 3. DEFINITIONS.
Except as otherwise specified in this Act, as used in this Act:
(1) 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 educational or related services to
individuals in the community.
(2) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A) has been dependent on the income of another
family member but is no longer supported by that
income; and
(B) is unemployed or underemployed and is
experiencing difficulty in obtaining or upgrading
employment.
(3) Eligible state agency.--The term ``eligible State
agency'' means a State board designated or created as the State
agency responsible for the administration of vocational and
technical education in the State.
(4) Eligible recipient.--The term ``eligible recipient''
means a community-based organization, a local educational
agency, a postsecondary vocational institution, or other
entities that have demonstrated ability to meet the education
and training needs of displaced homemakers and single parents.
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(6) Nontraditional employment.--The term ``nontraditional
employment,'' refers to occupations or fields of work for which
individuals from one gender comprise less than 25 percent of
the individuals employed in each such occupation or field of
work.
(7) Preparatory services.--The term ``preparatory
services'' means services, programs, or activities designed to
assist individuals who are not enrolled in education or
training programs in the selection of, or preparation for
participation in, an appropriate education or training program,
such as--
(A) services, programs, or activities related to
outreach in the recruitment of potential students;
(B) career counseling and personal counseling;
(C) vocational assessment and testing; and
(D) other appropriate services, programs, or
activities.
(8) Postsecondary vocational institution.--The term
``postsecondary vocation institution'' has the same meaning
given such term in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c)).
(9) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(11) Single parent.--The term ``single parent'' means an
individual who is unmarried and--
(A) has a minor child or children for which the
parent has either custody or joint custody; or
(B) is pregnant.
(12) Supportive services.--The term ``supportive services''
means services such as transportation, child care, dependent
care, and needs based payment, that are necessary to enable an
individual to participate in education and training activities.
SEC. 4. PROGRAM AUTHORIZED.
The Secretary of Education is authorized to provide grants to
States to enable such States to develop or enhance programs described
in section 6.
SEC. 5. ALLOCATION.
(a) In General.--The Secretary shall allot funds to the States
under this Act based on the ratio of the population between the ages of
16 and 64 of each State to the total population between the ages of 16
and 64 in all of the States.
(b) Supplement Not Supplant.--Funds provided under this Act shall
be used to supplement not supplant other Federal, State, and local
public funds expended to provide services to displaced homemakers,
single parents, and students pursuing nontraditional occupations.
SEC. 6. ELIGIBILITY.
(a) In General.--Each eligible State agency shall prepare and
submit to the Secretary a plan for a five-year period, together with
such annual revisions as the eligible State agency determines to be
necessary.
(b) Revisions; Review; and Accountability.--Each eligible State
agency shall--
(1) submit such annual revisions of the plan to the
Secretary as the eligible State agency determines to be
necessary;
(2) after the second year of the 5-year State plan, conduct
a review of activities assisted under this Act and submit any
revisions of the State plan that the eligible State agency
determines necessary to the Secretary; and
(3) submit an annual report of data compiled in accordance
with paragraph (7) of subsection (d).
(c) Plan Development.--The eligible State agency may develop the
State plan in consultation with experts, students in displaced
homemaker, single parent, and nontraditional training programs, and any
other individual the State considers necessary.
(d) Plan Contents.--The State plan shall include information that--
(1) describes the preparatory services and vocational and
technical education activities to be assisted that are designed
to assist single parents, displaced homemakers, and students
pursuing nontraditional training and employment;
(2) describes the process for soliciting competitive
applications and the criteria that will be used by the eligible
State agency in awarding eligible recipients funds under this
Act;
(3) describes how comprehensive professional development
will be provided;
(4) describes how the eligible State agency will--
(A) annually evaluate the effectiveness of such
programs; and
(B) coordinate such programs to ensure non-
duplication with other existing Federal programs;
(5) provides assurances that the eligible State agency will
comply with the requirements of this Act and the provisions of
the State plan, including the provision of a financial audit of
funds received under this Act which may be included as part of
an audit of other Federal or State programs;
(6) provides assurances that none of the funds expended
under this Act will be used to acquire equipment (including
computer software) in any instance in which such acquisition
results in a direct financial benefit to any organization
representing the interests of the purchasing entity, the
employees of the purchasing entity, or any affiliate of such an
organization;
(7) describes how the eligible State agency will measure
and report the progress of the students who are served pursuant
to this Act, including--
(A) single parent and displaced homemaker's
participation in and completion of a vocational and
technical education program;
(B) student participation in and completion of
vocational and technical education programs that lead
to nontraditional training and employment;
(C) single parent and displaced homemaker's
attainment of a secondary school diploma or its
recognized equivalent;
(D) single parent and displaced homemaker's
placement in postsecondary education or advanced
training, placement in military service, or placement
in employment;
(E) student placement in nontraditional employment;
and
(8) describes how the eligible State agency will provide
eligible recipients with technical assistance;
(9) describes the methods proposed for the joint planning
and coordination of programs carried out under this Act with
other Federal programs.
(e) Plan Option.--The eligible State agency may fulfill the
requirements of subsection (d) by submitting a plan under section 123
of the Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2343).
(f) Plan Approval.--The Secretary shall consider a plan or revision
of a State plan approved, unless the Secretary determines, within 120
days of submission, that the State plan, or revision, respectively,
does not meet the requirements of this section.
SEC. 7. PROGRAMS FOR SINGLE PARENTS, DISPLACED HOMEMAKERS, AND
NONTRADITIONAL EMPLOYMENT.
Except as provided in section 8(a), each State may use funds
provided under section 9 only to--
(1) provide, subsidize, reimburse, or pay for preparatory
services, necessary educational materials (including books and
supplies), career guidance and counseling services, support
services, or special services;
(2) provide information to displaced homemakers, single
parents, and students interested in pursuing nontraditional
occupations, to inform such individuals of vocational education
and training programs, related support services, and
counseling;
(3) provide programs, services, counseling, and activities
to prepare displaced homemakers and single parents to attain
marketable skills for employment that will lead to economic
self-sufficiency;
(4) provide programs, services, counseling, and activities
that will provide displaced homemakers and single parents with
the skills to enter information technology and nontraditional
careers;
(5) provide programs, services, counseling, and activities
to increase opportunities for students to enter and pursue
education and training in nontraditional careers, including
information technology and other high skill careers;
(6) provide programs, services, counseling, and activities
to ensure a fair and respectful learning environment for all
vocational students, particularly those preparing for
nontraditional employment; and
(7) develop replicable model programs that increase
participation and completion rates of individuals in
nontraditional employment.
SEC. 8. WITHIN STATE ALLOCATION AND ADMINISTRATION.
(a) Reservation for State Activities.--From the amounts allocated
under section 5, not more than 5 percent shall be reserved for State
administration.
(b) Matching Requirement.--Each eligible State agency receiving
funds made available under section 5(a), shall match, from non-Federal
sources and on a dollar-for-dollar basis, the funds received under
section 9.
(c) Administration.--Any State desiring to participate in a program
authorized by this Act shall assign not less than one individual within
the appropriate agency established to administer vocational education
programs within the State to assist in fulfilling the purposes of this
Act by--
(1) administering the program of vocational education
described in section 7;
(2) gathering, analyzing, and disseminating data on the
adequacy and effectiveness of vocational education programs in
the State as described in section 6;
(3) developing the State plan described in section 6;
(4) providing technical assistance and professional
development in expanding vocational opportunities for students
pursuing nontraditional occupations and single parents, and
displaced homemakers;
(5) managing the distribution of funds pursuant to section
6;
(6) monitoring the use of funds distributed to recipients
under such programs; and
(7) evaluating the effectiveness of programs and activities
supported by such funds.
(d) Competitive Awards.--The administrator assigned under
subsection (c) shall--
(1) on a competitive basis, provide grants to eligible
recipients; and
(2) ensure that each grant is for a program that is of
sufficient size, scope, and quality to be effective.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$100,000,000 for fiscal year 2002 and such sums as may be necessary for
each of the four succeeding fiscal years. | Homemaker Employment Assistance and Lifeskills Act - Authorizes the Secretary of Education to make formula matching grants to States with approved plans for programs of vocational education, training, employment counseling, and related services for single parents, displaced homemakers, and individuals entering nontraditional employment. Requires States to assign at least one individual from the State vocational education agency to administer such programs and make competitive subgrants to eligible entities. | {"src": "billsum_train", "title": "To provide effective training and education programs for displaced homemakers, single parents, and individuals entering nontraditional employment."} | 2,634 | 92 | 0.578017 | 1.509408 | 0.963381 | 2.48 | 33.333333 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Bay Water Reuse Program Act of
2007''.
SEC. 2. PROJECT AUTHORIZATION.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is amended by adding at the end the following:
``SEC. 16__. NORTH BAY WATER REUSE PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
member agency of the North Bay Water Reuse Authority of the
State located in the North San Pablo Bay watershed in--
``(A) Marin County;
``(B) Napa County;
``(C) Solano County; or
``(D) Sonoma County.
``(2) Water reclamation and reuse project.--The term `water
reclamation and reuse project' means a project carried out by
the Secretary and an eligible entity in the North San Pablo Bay
watershed relating to--
``(A) water quality improvement;
``(B) wastewater treatment;
``(C) water reclamation and reuse;
``(D) groundwater recharge and protection;
``(E) surface water augmentation; or
``(F) other related improvements.
``(3) State.--The term `State' means the State of
California.
``(b) North Bay Water Reuse Program.--
``(1) In general.--Contingent upon a finding of
feasibility, the Secretary, acting through a cooperative
agreement with the State or a subdivision of the State, is
authorized to enter into cooperative agreements with eligible
entities for the planning, design, and construction of water
reclamation and reuse facilities and recycled water conveyance
and distribution systems.
``(2) Coordination with other federal agencies.--In
carrying out this section, the Secretary and the eligible
entity shall, to the maximum extent practicable, use the design
work and environmental evaluations initiated by--
``(A) non-Federal entities; and
``(B) the Corps of Engineers in the San Pablo Bay
Watershed of the State.
``(3) Phased project.--A cooperative agreement described in
paragraph (1) shall require that the North Bay Water Reuse
Program carried out under this section shall consist of 2
phases as follows:
``(A) First phase.--During the first phase, the
Secretary and an eligible entity shall complete the
planning, design, and construction of the main
treatment and main conveyance systems.
``(B) Second phase.--During the second phase, the
Secretary and an eligible entity shall complete the
planning, design, and construction of the sub-regional
distribution systems.
``(4) Cost sharing.--
``(A) Federal share.--The Federal share of the cost
of the first phase of the project authorized by this
section shall not exceed 25 percent of the total cost
of the first phase of the project.
``(B) Form of non-federal share.--The non-Federal
share may be in the form of any in-kind services that
the Secretary determines would contribute substantially
toward the completion of the water reclamation and
reuse project, including--
``(i) reasonable costs incurred by the
eligible entity relating to the planning,
design, and construction of the water
reclamation and reuse project; and
``(ii) the acquisition costs of land
acquired for the project that is--
``(I) used for planning, design,
and construction of the water
reclamation and reuse project
facilities; and
``(II) owned by an eligible entity
and directly related to the project.
``(C) Limitation.--The Secretary shall not provide
funds for the operation and maintenance of the project
authorized by this section.
``(5) Effect.--Nothing in this section--
``(A) affects or preempts--
``(i) State water law; or
``(ii) an interstate compact relating to
the allocation of water; or
``(B) confers on any non-Federal entity the ability
to exercise any Federal right to--
``(i) the water of a stream; or
``(ii) any groundwater resource.
``(6) Authorization of appropriations.--There is authorized
to be appropriated for the Federal share of the total cost of
the first phase of the project authorized by this section
$25,000,000, to remain available until expended.''.
(b) Conforming Amendment.--The table of sections in section 2 of
Public Law 102-575 is amended by inserting after the last item relating
to title XVI the following:
``Sec. 16__. North Bay water reuse program.''. | North Bay Water Reuse Program Act of 2007 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior, contingent upon a finding of feasibility and acting through a cooperative agreement with the state of California or a subdivision thereof, to enter into cooperative agreements with eligible entities in the North San Pablo Bay watershed located in Marin, Napa, Solano, and Sonoma Counties for the planning, design, and construction of water reclamation and reuse facilities and recycled water conveyance and distribution systems.
Directs the Secretary and such an entity to use the design work and environmental evaluations initiated by non-federal entities and the Corps of Engineers in that watershed to the maximum extent practicable.
Requires any such cooperative agreement to require the program to be carried out in two phases, during which the Secretary and an entity shall complete the planning, design, and construction of: (1) the main treatment and main conveyance systems; and (2) the sub-regional distribution systems.
Limits the federal share to 25% of the total cost of the first phase of the project. Allows the non-federal share to be in the form of in-kind services that the Secretary determines would contribute substantially toward the completion of the water reclamation and reuse project. Prohibits the Secretary from providing funds for operation and maintenance of the project. Authorizes appropriations. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to create a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve objectives relating to water supply, water quality, and environmental restoration."} | 1,091 | 299 | 0.717399 | 2.2253 | 0.920161 | 3.919847 | 3.793893 | 0.919847 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Credit and Debt Protection
Act''.
SEC. 2. FTC RULEMAKING RELATING TO CREDIT OR DEBT.
(a) Expedited Rulemaking.--Section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) is amended by adding at the end the
following new subsection:
``(k) Notwithstanding any other procedures set forth in this
section or section 22, for any rulemaking relating to consumer credit
or debt, the Commission shall conduct such rulemaking in accordance
with section 553 of title 5, United States Code, and the provisions for
judicial review of rules promulgated in accordance such section shall
apply to any rule promulgated in such a rulemaking.''.
(b) Specific Rulemakings.--
(1) Debt settlement.--
(A) In general.--The Federal Trade Commission shall
examine the practices of providers of debt settlement
services and prescribe such rules as the Commission
determines necessary (in accordance with section 553 of
title 5, United States Code) in order to prevent unfair
and deceptive acts or practices of providers of such
services. The Commission shall consider adopting rules
that--
(i) prohibit the charging of fees to
consumers prior to any debt settlement service
being fully rendered and limiting fees that may
be charged after a settlement with a creditor
is reached; and
(ii) require disclosures before a contract
is signed regarding the fee structure, expected
time frames for a successful settlement,
success rate of debtors in settling their
debts, information about creditor participation
in settlement plans, and the potential impact
on a consumer's credit score.
(B) Definition.--For purposes of subparagraph (A),
the term ``debt settlement service'' means a commercial
service provided to assist consumers in managing and
repaying consumer debt, including the offering of
advice or acting as an intermediary between a debtor
and one or more of the debtor's creditors, where the
primary purpose of the advice or action is to obtain a
settlement for less than the full amount of debt owed.
(2) Automobile sales.--The Federal Trade Commission shall
examine the practices of automobile dealers with respect to
credit and lending and shall prescribe such rules as the
Commission determines necessary (in accordance with section 553
of title 5, United States Code) in order to prevent unfair and
deceptive acts or practices of such dealers. The Commission
shall consider adopting rules that--
(A) restrict post-sale changes in financing terms;
(B) require that automobile purchase agreements or
sales contracts entered into between a consumer and an
automobile dealer include a provision which permits the
consumer to cancel the transaction within a specified
period following the sale or receipt of final
information concerning the terms of the sale or
financing; and
(C) limit the ability of automobile dealers to
accept or solicit compensation that is based on the
interest rate, annual percentage rate, or the amount
financed with respect to the sale of an automobile and
that is either--
(i) for the provision, procurement, or
arrangement of financing; or
(ii) for the sale, assignment, or transfer
of the installment sale contract.
(c) Deadline for Rulemakings.--The Commission shall commence the
rulemakings required under subsection (b) within 6 months after the
date of enactment of this Act.
SEC. 3. AUTHORITY TO OBTAIN CIVIL PENALTIES IN CONNECTION WITH UNFAIR
AND DECEPTIVE ACTS OR PRACTICES RELATING TO CONSUMER
CREDIT OR DEBT.
Section 5(m)(1) of the Federal Trade Commission Act (15 U.S.C.
45(m)(1)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D),
and in such subparagraph (as so redesignated), by striking
``subparagraphs (A) and (B)'' and inserting ``subparagraphs
(A), (B), and (C)''; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) The Commission may commence a civil action to
recover a civil penalty in a district court of the
United States against any person, partnership, or
corporation which engages in any unfair or deceptive
acts or practices in connection with consumer credit or
debt with actual knowledge or knowledge fairly implied
on the basis of objective circumstances that such an
act is unfair or deceptive. In such action, such
person, partnership, or corporation shall be liable for
a civil penalty as provided in subparagraph (A).''.
SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--Except as provided in subsection (f), a State, as
parens patriae, may bring a civil action on behalf of its residents in
an appropriate State or district court of the United States to enforce
the provisions of the Federal Trade Commission Act or any other Act
enforced by the Federal Trade Commission to obtain penalties and relief
provided under such Acts whenever the attorney general of the State has
reason to believe that the interests of the residents of the State have
been or are being threatened or adversely affected by a violation of a
rule prescribed under section 2(b) or any other rule relating to
consumer credit or debt promulgated by the Federal Trade Commission.
(b) Notice.--The State shall serve written notice to the Commission
of any civil action under subsection (a) at least 60 days prior to
initiating such civil action. The notice shall include a copy of the
complaint to be filed to initiate such civil action, except that if it
is not feasible for the State to provide such prior notice, the State
shall provide notice immediately upon instituting such civil action.
(c) Intervention by FTC.--Upon receiving the notice required by
subsection (b), the Commission may intervene in such civil action and
upon intervening--
(1) be heard on all matters arising in such civil action;
(2) remove the action to the appropriate United States
district court; and
(3) file petitions for appeal of a decision in such civil
action.
(d) Savings Clause.--Nothing in this section shall prevent the
attorney general of a State from exercising the powers conferred on the
attorney general by the laws of such State to conduct investigations or
to administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence. Nothing
in this section shall prohibit the attorney general of a State, or
other authorized State officer, from proceeding in State or Federal
court on the basis of an alleged violation of any civil or criminal
statute of that State.
(e) Venue; Service of Process; Joinder.--In a civil action brought
under subsection (a)--
(1) the venue shall be a judicial district in which the
lender or a related party operates or is authorized to do
business;
(2) process may be served without regard to the territorial
limits of the district or of the State in which the civil
action is instituted; and
(3) a person who participated with a lender or related
party to an alleged violation that is being litigated in the
civil action may be joined in the civil action without regard
to the residence of the person.
(f) Preemptive Action by FTC.--Whenever a civil action or an
administrative action has been instituted by or on behalf of the
Commission for violation of any rule described under subsection (a), no
State may, during the pendency of such action instituted by or on
behalf of the Commission, institute a civil action under subsection (a)
against any defendant named in the complaint in such action for
violation of any rule as alleged in such complaint.
(g) Award of Costs and Fees.--If the attorney general of a State
prevails in any civil action under subsection (a), the State can
recover reasonable costs and attorney fees from the lender or related
party. | Consumer Credit and Debt Protection Act - Amends the Federal Trade Commission Act to give the Federal Trade Commission (FTC) authority to expedite rulemakings concerning consumer credit or debt.
Directs the FTC to examine the practices of providers of debt settlement services and prescribe rules necessary to prevent unfair and deceptive acts or practices by such providers.
Directs the FTC to examine the practices of automobile dealers with respect to credit and lending and prescribe rules necessary to prevent unfair and deceptive dealer acts or practices.
Gives the FTC authority to commence a civil action to recover a civil penalty in a U.S. district court against any person, partnership, or corporation which engages in any unfair or deceptive acts or practices in connection with consumer credit or debt with actual knowledge or knowledge fairly implied on the basis of objective circumstances that such act is unfair or deceptive.
Authorizes enforcement of this Act by state attorneys general. | {"src": "billsum_train", "title": "To provide authority to the Federal Trade Commission to expedite rulemakings concerning consumer credit or debt and to direct the Commission to examine and promulgate rules with regard to debt settlement and automobile sales, and for other purposes."} | 1,750 | 199 | 0.590762 | 1.757495 | 0.905415 | 4.788235 | 9.411765 | 0.952941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ambulatory Surgical Center Medicare
Payment Modernization Act of 2005''.
SEC. 2. MEDICARE PAYMENT FOR AMBULATORY SURGICAL CENTER SERVICES.
(a) In General.--Section 1833(i) of the Social Security Act (42
U.S.C. 1395l(i)) is amended to read as follows:
``(i)(1) Payment shall be made under this part in the amount
specified under paragraph (2) for facility services furnished to an
individual in an ambulatory surgical center in connection with any
outpatient surgical procedure covered under this part as a hospital
outpatient department service, except for those procedures that the
Secretary designates, in consultation with appropriate trade and
professional organizations (including those having direct experience
with ambulatory surgical centers) as posing a significant safety risk
or requiring an overnight stay when performed in ambulatory surgical
centers. Not less frequently than once every two years the Secretary
shall review and, may, after public comment, make appropriate
adjustments to this list of procedures excluded from coverage when
performed in ambulatory surgical centers as the Secretary deems
necessary.
``(2)(A) Subject to subparagraphs (B) and (C), the amount of
payment to be made under this subsection for facility services
furnished to an individual in an ambulatory surgical center in
accordance with paragraph (1) shall be equal to 75 percent of the fee
schedule amount determined under paragraph (3)(A) of subsection (t) for
payment of the same service furnished in hospital outpatient
departments, as adjusted under paragraphs (4)(A), (6), and (15) of such
subsection, less a 20 percent beneficiary copayment.
``(B) For covered ambulatory surgical center services furnished on
or after January 1, 2008, and before January 1, 2012, for which the
ambulatory surgical center payment amount payable under this subsection
in 2007 (in this subsection referred to as the `2007 ASC payment
amount') is less than 75 percent of the hospital OPD fee schedule
amount under subsection (t) in 2007 for the same services, the amount
of payment under this subsection shall be calculated as follows:
``(i) For services furnished during 2008, the amount shall
be equal to the sum of--
``(I) 80 percent of the 2007 ASC payment amount, as
increased by the percentage increase in the consumer
price index for all urban consumers (United States city
average) as estimated by the Secretary for the 12-month
period ending with December 31, 2006; and
``(II) 20 percent of the payment amount under
paragraph (2)(A) for 2008.
``(ii) For services furnished during 2009, the amount shall
be equal to the sum of--
``(I) 60 percent of the 2007 ASC payment amount as
increased under clause (i)(I) and as further increased
by the percentage increase in the consumer price index
for all urban consumers (United States city average) as
estimated by the Secretary for the 12-month period
ending with December 31, 2007; and
``(II) 40 percent of the payment amount under
paragraph (2)(A) for 2009.
``(iii) For services furnished during 2010, the amount
shall be equal to the sum of--
``(I) 40 percent of the 2007 ASC payment amount as
increased under clauses (i)(I) and (ii)(I) and as
further increased by the percentage increase in the
consumer price index for all urban consumers (United
States city average) as estimated by the Secretary for
the 12-month period ending with December 31, 2008; and
``(II) 60 percent of the payment amount under
paragraph (2)(A) for 2010.
``(iv) For services furnished during 2011, the amount shall
be equal to the sum of--
``(I) 20 percent of the 2007 ASC payment amount as
increased under clauses (i)(I), (ii)(I), and (iii)(I)
and as further increased by the percentage increase in
the consumer price index for all urban consumers
(United States city average) as estimated by the
Secretary for the 12-month period ending with December
31, 2009; and
``(II) 80 percent of the payment amount under
paragraph (2)(A) for 2011.
``(C) For covered ambulatory surgical center services for which the
2007 ASC payment amount is--
``(i) greater than 75 percent, but less than 100 percent,
of the hospital OPD fee schedule amount under subsection (t) in
2007 for the same services, the amount of payment under this
subsection shall be the greater of the 2007 ASC payment amount
or--
``(I) for services furnished in 2008, the payment
amount under subparagraph (B)(i);
``(II) for services furnished in 2009, the payment
amount under subparagraph (B)(ii);
``(III) for services furnished in 2010, the payment
amount under subparagraph (B)(iii);
``(IV) for services furnished in 2011, the payment
amount under subparagraph (B)(iv); or
``(V) in 2012 and subsequent years, the payment
amount under subparagraph (A),
but in no case in excess of the then applicable hospital OPD
fee schedule amount; or
``(ii) greater than the hospital OPD fee schedule amount
under subsection (t) in 2007 for the same services, the amount
of payment under this subsection--
``(I) for services furnished during 2008, is equal
to the midpoint between the 2007 ASC payment amount and
100 percent of such 2007 hospital OPD fee schedule
amount; or
``(II) for services furnished in a subsequent year
is equal to the greater of the 2007 hospital OPD fee
schedule amount or the payment amount specified under
subclause (I) through (V) of clause (i) for the year
involved, but but in no case in excess of the then
applicable hospital OPD fee schedule amount.''.
(b) Conforming Amendments.--
(1) Section 1832(a)(2)(F)(i) of such Act (42 U.S.C.
1395k(a)(2)(F)(i)) is amended--
(A) by striking ``section 1833(i)(1)(A)'' and
inserting ``section 1833(i)(1)'';
(B) by striking ``the standard overhead amount as
determined under section 1833(i)(2)(A)'' and inserting
``the amount determined under section 1833(i)(2)''; and
(C) by striking all that follows ``as full payment
for such services'' and inserting ``, or''.
(2) Section 1833(a)(1)(G) of such Act (42 U.S.C.
1395l(a)(1)(G)) is amended--
(A) by striking ``subsection (i)(1)(A)'' and
inserting ``subsection (i)(1)'';
(B) by striking ``for services furnished
beginning'' and all that follows through ``subsection
(i)(2)(D)''; and
(C) by striking ``such revised payment system'' and
inserting ``under subsection (i)(2)''.
(3) Section 1833(a)(4) of such Act (42 U.S.C. 1395l(a)(4))
is amended--
(A) by striking ``section 1833(i)(1)(A)'' and
inserting ``subsection (i)(1)''; and
(B) by striking ``paragraph (2) or (3) of
subsection (i)'' and inserting ``subsection (i)(1)''.
(c) Effective Date.--The amendments made by this section shall
apply to ambulatory surgical center services furnished on or after
January 1, 2008. | Ambulatory Surgical Center Medicare Payment Modernization Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to revise the requirements and the formula for payments for services furnished to individuals in ambulatory surgical centers. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to modernize payments for ambulatory surgical centers under the Medicare Program."} | 1,715 | 56 | 0.553426 | 1.345498 | 0.671145 | 2.825 | 38.825 | 0.825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids Invest and Develop Savings Act
of 2007''.
SEC. 2. EXPANSION OF SAVERS CREDIT.
(a) Expansion of Credit.--Subsections (a) and (b) of section 25B of
such Code are amended to read as follows:
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to the qualified
retirement savings contributions of the eligible individual for the
taxable year.
``(b) Limitation.--
``(1) In general.--The amount allowed as a credit under
subsection (a) for a taxable year shall not exceed the
applicable dollar limit.
``(2) Applicable dollar limit.--For purposes of paragraph
(1)--
``(A) In general.--Except as provided in
subparagraph (B), the applicable dollar limit is--
``(i) in the case of a joint return,
$3,000, and
``(ii) in the case of any other return, 50
percent of the dollar amount applicable for the
taxable year under clause (i).
``(B) Limitation based on adjusted gross income.--
The applicable dollar limit shall be zero in the case
of a taxpayer whose adjusted gross income for the
taxable year exceeds--
``(i) $150,000 in the case of a joint
return, and
``(ii) $95,000 in any other case.
``(3) Inflation adjustment.--In the case of any taxable
year beginning after 2007, the amounts contained in
subparagraph (A)(i) and clauses (i) and (ii) of subparagraph
(B) of paragraph (2) shall each 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 such calendar year by
substituting `calendar year 2006' for `calendar year
1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the nearest multiple
of $100.''.
(b) Credit Allowed for Contributions to Roth IRAs for Children.--
(1) In general.--Paragraph (1) of section 25B(d) of such
Code (defining qualified retirement savings contributions) is
amended by striking ``and'' at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and
inserting ``, and'', and by inserting after subparagraph (C)
the following new subparagraph:
``(D) the amount of contributions made by the
eligible individual to all Roth IRAs for children under
section 408A(g).''.
(2) Limitation.--Paragraph (1) of section 25B(d) of such
Code (defining qualified retirement savings contributions) is
amended by adding at the end the following flush sentence:
``The amount taken into account under subparagraph (D) shall
not exceed the aggregate amount of contributions allowed to all
Roth IRAs of such eligible individual under section 408A(g).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 3. ROTH IRAS FOR CHILDREN.
(a) In General.--Section 408A of the Internal Revenue Code of 1986
(relating to Roth IRAs) is amended by adding at the end the following
new subsection:
``(g) Special Rules for Roth IRAs for Children.--
``(1) General rule.--A Roth IRA maintained for the benefit
of an individual who has not attained age 25 before the close
of the taxable year shall be maintained under this section, as
modified by this subsection.
``(2) Contribution limits.--
``(A) In general.--For so long as a Roth IRA is
subject to this subsection, contributions to such Roth
IRA shall be subject to this paragraph and not to
subsection (c)(2), and subsection (c)(3) shall not
apply.
``(B) Limit.--The aggregate amount of contributions
for any taxable year to all child Roth IRAs maintained
for the benefit of an individual under this subsection
shall not exceed the maximum amount allowable as a
deduction under subsection (b)(1) of section 219 for
such taxable year (computed without regard to
subsections (b)(1)(B), (d)(1), and (g) of such
section).''.
(b) Enforcement of Contribution Limits.--Paragraphs (1)(B) and
(2)(B) of section 4973(f) of such Code are each amended by striking
``and (c)(3)'' and inserting ``, (c)(3), and (g)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Kids Invest and Develop Savings Act of 2007 - Amends the Internal Revenue Code to: (1) increase the allowable amount of the tax credit for retirement savings; (2) expand eligibility for such credit to taxpayers with adjusted gross incomes up to $95,000 ($150,000 for joint returns); (3) establish tax-exempt Roth individual retirement accounts (IRAs) for individuals under the age of 25; and (4) allow a tax credit for contributions to such IRAs. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand incentives for saving."} | 1,151 | 99 | 0.561512 | 1.354691 | 0.677756 | 1.752688 | 10.849462 | 0.806452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Iran Nuclear
Negotiations Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) After a 30-year formal diplomatic relations drought and
decades of repeated and direct threats to the United States,
Iran and the United States recently exchanged communication
between high-ranking government officials with the stated
intent to accelerate negotiations and relations.
(2) Since at least the late 1980s, Iran has engaged in a
sustained and well-documented pattern of illicit and deceptive
activities to acquire a nuclear weapons capability and has
provided weapons, training, funding, and direction to terrorist
groups.
(3) Iran already possesses the necessary amount of low- and
medium-enriched uranium that, if enriched further to weapons-
grade level, can produce several nuclear weapons.
(4) Iran has the advanced nuclear facilities and technology
to carry out weapons-grade enrichment and the infrastructure to
assemble, house and launch long-range ballistic weapons.
(5) Since September 2005, the International Atomic Energy
Agency (IAEA) has found Iran to be in non-compliance with its
safeguards agreement, which Iran is obligated to adhere to as a
non-nuclear-weapon State Party to the Treaty on the Non-
Proliferation of Nuclear Weapons, done at Washington, London,
and Moscow July 1, 1968, and entered into force March 5, 1970.
(6) The United Nations Security Council (UNSC) has adopted
multiple resolutions since 2006 demanding Iran's full and
sustained suspension of all uranium enrichment-related and
reprocessing activities and Iran's full cooperation with the
IAEA on all outstanding issues related to its nuclear
activities, particularly those concerning the possible military
utilizations of its nuclear program.
(7) On July 31, 2006, the UNSC adopted Resolution 1696 that
calls on Tehran to suspend its enrichment program and verify
its compliance with the IAEA Board of Governors' requirements.
(8) On December 23, 2006, the UNSC adopted Resolution 1737
in response to Iran's failure to comply with Resolution 1696
and requires Iran to suspend uranium enrichment and heavy-water
reactor projects, and take other confidence-building measures.
(9) On March 24, 2007, the UNSC adopted Resolution 1747 as
a result of Iran's failure to comply with the previous two
resolutions. It calls on Iran to take measures required by the
IAEA Board of Governors and outlined in Resolution 1737 to
verify that its nuclear program has only peaceful purposes and
to reach a long-term comprehensive agreement with the P5+1
nations (the United States, the United Kingdom, France, Russia,
China, and Germany).
(10) On March 3, 2008, the UNSC adopted Resolution 1803 as
a response to Iran's decision to not abide by previous
resolutions and calls for Iran to halt its enrichment program
and comply with previous UNSC and IAEA resolutions.
(11) On September 27, 2008, the UNSC adopted Resolution
1835 which reaffirms the four previous resolutions.
(12) On June 9, 2010, the UNSC adopted Resolution 1929
which reiterates the UNSC's demands from previous resolutions
that Iran halt all enrichment activity and to cooperate with
IAEA efforts to determine that Iran does not have a nuclear
weapons program.
(13) On June 9, 2011, the UNSC adopted Resolution 1984
which recalls all previous resolutions and extends the mandate
of the Panel of Experts that monitors sanctions on Iran's
nuclear program for a period of one year.
(14) On June 7, 2012, the UNSC adopted Resolution 2049
which extends the mandate of the Panel of Experts to monitor
the implementation of international sanctions against Iran and
to provide several reports on compliance with international
sanctions.
(15) Congress has passed and the President has signed into
law legislation imposing significant economic and diplomatic
sanctions to pressure Iran to abandon its pursuit of nuclear
weapons and end its support for terrorism.
(16) The Department of State has designated Iran as a state
sponsor of terrorism since 1984 and for the past decade has
characterized Iran as the ``most active state sponsor of
terrorism'' in the world.
(17) During the State of the Union Address on January 24,
2012, President Barack Obama stated, ``Let there be no doubt:
America is determined to prevent Iran from getting a nuclear
weapon, and I will take no options off the table to achieve
that goal.''.
(18) On March 4, 2012, President Obama stated, ``Iran's
leaders should understand that I do not have a policy of
containment; I have a policy to prevent Iran from obtaining a
nuclear weapon.''.
(19) On October 22, 2012, President Obama said of Iran,
``The clock is ticking . . . And we're going to make sure that
if they do not meet the demands of the international community,
then we are going to take all options necessary to make sure
they don't have a nuclear weapon.''.
(20) Iran Supreme Leader Khamenei's newly elected
President, Hassan Rouhani, served as a member of Iran's Supreme
National Security Council since 1989, spent 16 years as the
Supreme National Security Council's secretary, and was Iran's
nuclear negotiator from 2003 to 2005.
(21) In a secret 2004 speech that leaked in 2006, Rouhani
acknowledged that he used the negotiations to buy time for the
advancement of Iran's nuclear program: ``While we were talking
with the Europeans in Tehran, we were installing equipment in
parts of the facility in Isfahan [the site of Iran's uranium
conversion plant], but we still had a long way to go to
complete the project. In fact, by creating a calm environment,
we were able to complete the work in Isfahan.''.
(22) Since Barack Obama has become President, Iran has
tripled the number of operating centrifuges to 15,000 and has
expanded the Natanz enrichment facility and its newer, deep
underground plant at Fordow where it has installed hundreds of
more advanced machines (the IR-2) which are capable of tripling
the production rate, drastically reducing the time it would
need to break out and produce weapons-grade materials.
(23) Iran has continued to construct the Arak heavy water
reactor that is suitable for plutonium production.
(24) Iran's illicit pursuit and development of nuclear
weapons and its foreign policy conduct and actions constitute a
grave threat to regional stability, world peace, global economy
and energy markets, and the national security interests of the
United States and its allies and partners.
(25) A nuclear weapons-capable Iran, with intercontinental
ballistic capabilities, would pose a direct nuclear and high
altitude electromagnetic pulse (HEMP) threat to the United
States and its allies.
(26) A nuclear weapons-capable Iran would likely lead
directly to the proliferation of nuclear weapons in such nearby
powers as Saudi Arabia, Egypt, and Turkey, thus increasing the
risk of regional nuclear confrontation.
SEC. 3. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.
(a) Statement of Policy.--It is the policy of Congress that it is
in the national security interest of the United States and its allies
and partners to ensure the following objectives with respect to Iran
are achieved:
(1) Iran permanently halts all uranium enrichment and
identifies all sites where such enrichment is occurring.
(2) Iran removes, and transfers to a third party under the
auspices of the International Atomic Energy Agency (IAEA), all
uranium enriched to a 20 percent and higher threshold.
(3) Iran closes the uranium enrichment facility at Fordow,
near Qom, Iran.
(4) Iran ceases developing reactors capable of producing
plutonium and ceases the importation and domestic manufacturing
of all centrifuges for enriching uranium.
(b) Sense of Congress.--
(1) In general.--It is the sense of Congress that if the
objectives described in paragraphs (1) through (4) of
subsection (a) are met, it shall be the policy of the United
States to enter into a negotiated settlement regarding nuclear
activities in Iran that includes the terms described in
paragraph (2) of this subsection.
(2) Terms described.--The terms referred to in paragraph
(1) are the following:
(A) The Government of Iran reaffirms its commitment
to the Treaty on the Non-Proliferation of Nuclear
Weapons and ratifies and implements all provisions of
the Additional Protocol.
(B) Iran ceases the development and testing of
long-range ballistic weapons.
(C) Iran permits unfettered access by IAEA
officials to inspect and verify its compliance to IAEA
safeguards and the IAEA Board of Governors'
obligations.
(D) Iran ceases to provide weapons, training,
funding, and direction to terrorist groups, including
Hamas, Hezbollah, Shiite militias in Iraq, and the
regime of Bashar al Assad in Syria.
(E) Iran demonstrates peaceful foreign policy
conduct and actions and issues full recognition of its
neighbors' sovereignty, including Israel.
(F) Iran ceases all threats against the United
States and Israel.
SEC. 4. MILITARY READINESS AND CONGRESSIONAL CONSENT.
(a) Declaration of Policy.--Congress declares that the United
States is wholly capable, willing, and ready to use military force to
prevent Iran from obtaining or developing a nuclear weapons capability.
(b) Congressional Consent.--
(1) In general.--To maximize the Administration's
diplomatic leverage to achieve, consistent with the national
security interests of the United States and its allies and
partners, a negotiated settlement with the Government of Iran
regarding Iran's nuclear weapons program, and consistent with
the President's authority under article II, section 2 of the
Constitution and pursuant to the War Powers Resolution (50
U.S.C. 1541 et seq.), at such time when the President
determines that--
(A) Iran is using the cover of diplomacy to
continue advancing its nuclear program to acquire a
nuclear weapons capability,
(B) diplomatic efforts have failed to mitigate
Iran's nuclear enrichment program in documented,
inspected, and verifiable ways, or
(C) Iran poses a threat to the national security
interests of the United States and its allies and
partners,
Congress hereby acknowledges that this Act constitutes current
consultation with the President on Iran in order to provide for
swift application of all options to prevent Iran from obtaining
a nuclear weapons capability and provides consent to the
necessary and appropriate use of force against legitimate
targets in Iran to achieve the objectives described in
paragraph (2).
(2) Objectives described.--The objectives referred to in
paragraph (1) are the following:
(A) Uphold and implement all relevant United
Nations Security Council resolutions regarding Iran's
nuclear program.
(B) Deter Iran's development of nuclear weapons in
order to protect the national security interests of the
United States and to protect United States allies and
partners against the development and transfer of such
weapons to rogue regimes and non-state actors.
(C) Degrade Iran's capacity to develop such weapons
in the future.
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO IRAN.
(a) Authorization for Imposition of Sanctions.--If any business,
firm, or entity has not terminated the provision of goods, services, or
technology in Iran or with any Iranian-controlled entity, the President
may--
(1) prohibit that business, firm, or entity from receiving
any United States Government contract or accessing United
States capital markets; and
(2) in the case of a business, firm, or entity that is a
foreign financial institution, prohibit, or impose strict
conditions on, the opening or maintaining in the United States
of a correspondent account or payable-through account by the
business, firm, or entity.
(b) Definitions.--In this section:
(1) Business, firm, or entity.--The term ``business'',
``firm'', or ``entity''--
(A) means a partnership, association, trust, joint
venture, corporation, company, governmental, quasi-
governmental or non-governmental body, affiliate or
other organization; and
(B) includes any affiliate, subsidiary, or branch
thereof.
(2) Iran.--The term ``Iran'' means the Government of the
Islamic Republic of Iran, including the central bank or
monetary authority of that Government and any agency or
instrumentality of that Government.
(3) Iranian-controlled entity.--The term ``Iranian-
controlled entity'' means a partnership, association, trust,
joint venture, corporation, affiliate or other organization in
which the Government of Iran--
(A) holds more than 50 percent of the equity
interest by vote or value in the entity;
(B) holds a majority of seats on the board of
directors of the entity; or
(C) otherwise controls the actions, policies, or
personnel decisions of the entity. | United States-Iran Nuclear Negotiations Act - States that it is the policy of Congress that it is in the national security interest of the United States and its allies and partners to ensure that Iran: (1) halts all uranium enrichment and identifies all enrichment sites, (2) removes and transfers to a third party under the auspices of the International Atomic Energy Agency (IAEA) all uranium enriched to a 20% and higher threshold, (3) closes the Fordow uranium enrichment facility, and (4) ceases developing reactors capable of producing plutonium and the importation and domestic manufacturing of all centrifuges for enriching uranium. Expresses the sense of Congress that if these objectives are met it shall be U.S. policy to enter into a negotiated settlement regarding nuclear activities in Iran. Declares that the United States is capable, willing, and ready to use military force to prevent Iran from obtaining or developing a nuclear weapons capability. Acknowledges that this Act constitutes current consultation with the President on Iran in order to provide for application of all options to prevent Iran from obtaining a nuclear weapons capability and provides consent to the appropriate use of force against legitimate targets in Iran to: (1) uphold and implement all relevant United Nations (U.N.) Security Council resolutions regarding Iran's nuclear program, (2) deter Iran's development of nuclear weapons in order to protect the national security interests of the United States and its allies and partners, and (3) degrade Iran's capacity to develop such weapons in the future. States that, if any business, firm, or entity has not terminated the provision of goods, services, or technology in Iran or with any Iranian-controlled entity, the President may: (1) prohibit that business, firm, or entity from receiving any U.S. government contract or accessing U.S. capital markets; and (2) in the case of a business, firm, or entity that is a foreign financial institution, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account. | {"src": "billsum_train", "title": "United States-Iran Nuclear Negotiations Act"} | 2,838 | 462 | 0.554892 | 1.695414 | 0.673002 | 7.291878 | 6.779188 | 0.977157 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pension Fund Integrity Act of
2016''.
SEC. 2. EXECUTIVE SALARIES.
(a) Amendments to Internal Revenue Code of 1986.--
(1) In general.--Subparagraph (C) of section 432(e)(9) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new clause:
``(iii) In the case of a systemically
important plan (as defined in subparagraph
(H)(v)(III)), effective on the date the benefit
suspension goes into effect, the annual
compensation of each employee of the plan is
reduced to the lesser of--
``(I) the annual compensation of
the employee for the plan year in which
the benefit suspension is approved
under subparagraph (G) (determined as
of the date of such approval), reduced
by the reduction percentage of so much
of such annual compensation as exceeds
$100,000, or
``(II) the average annual
compensation of the employee for the 3
plan years immediately preceding the
year in which the benefit suspension is
approved under subparagraph (G),
reduced by the reduction percentage of
so much of such average annual
compensation as exceeds $100,000,
and will not be increased (including by means
of a bonus, performance-based compensation, or
otherwise) as long as the benefit suspension
remains in effect. For purposes of the
preceding sentence, the term `reduction
percentage' means the percentage determined by
the Secretary and provided to the plan which is
equal to the average percentage reduction in
benefits applicable to the 50 participants and
beneficiaries who receive the greatest
reduction in benefits under the plan as a
result of the suspension.''.
(2) Tax on prohibited transactions.--
(A) In general.--Paragraph (1) of section 4975(c)
of such Code is amended--
(i) by striking ``or'' at the end of
subparagraph (E),
(ii) by striking the period at the end of
subparagraph (F) and inserting ``; or'', and
(iii) by adding at the end the following
new subparagraph:
``(G) notwithstanding subsection (d)(2), payment by
a systemically important plan (as defined in section
432(e)(9)(H)(v)(III)) of--
``(i) any compensation (including a bonus
or performance-based compensation) in excess of
the amount determined under section
432(e)(9)(C)(iii) to any employee of the plan
with respect to which a benefit suspension is
in effect under section 432(e)(9), or
``(ii) in the case of any nonemployee who
was an employee of the plan during any of the 3
plan years immediately preceding the year in
which the benefit suspension is approved under
section 432(e)(9)(G), any compensation to such
individual (as an independent contractor or
otherwise and including any bonus or
performance-based compensation) in excess of
the amount that would be determined under
section 432(e)(9)(C)(iii) if the individual
were an employee at the time of payment of such
compensation.''.
(B) Liability for tax.--Subsection (a) of section
4975 of such Code is amended by inserting before the
period the following: ``, except that any tax imposed
by this subsection by reason of subsection (c)(1)(G)
shall be paid by the plan sponsor''.
(C) Liability for additional taxes.--Subsection (b)
of section 4975 of such Code is amended by inserting
before the period the following: ``, except that any
tax imposed by this subsection by reason of subsection
(c)(1)(G) shall be paid by the plan sponsor''.
(D) Clerical amendments.--The headings of
subsections (a) and (b) of section 4975 of such Code
are each amended by striking ``on Disqualified
Person''.
(b) Amendments to Employee Retirement Income Security Act of
1974.--
(1) In general.--Subparagraph (C) of section 305(e)(9) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1085(e)(9)(C)) is amended by adding at the end the following
new clause:
``(iii) In the case of a systemically
important plan (as defined in subparagraph
(H)(v)(III)), effective on the date the benefit
suspension goes into effect, the annual
compensation of each employee of the plan is
reduced to the lesser of--
``(I) the annual compensation of
the employee for the plan year in which
the benefit suspension is approved
under subparagraph (G) (determined as
of the date of such approval), reduced
by the reduction percentage of so much
of such annual compensation as exceeds
$100,000, or
``(II) the average annual
compensation of the employee for the 3
plan years immediately preceding the
year in which the benefit suspension is
approved under subparagraph (G),
reduced by the reduction percentage of
so much of such average annual
compensation as exceeds $100,000,
and will not be increased (including by means
of a bonus, performance-based compensation, or
otherwise) as long as the benefit suspension
remains in effect. For purposes of the
preceding sentence, the term `reduction
percentage' means the percentage determined by
the Secretary of the Treasury and provided to
the plan which is equal to the average
percentage reduction in benefits applicable to
the 50 participants and beneficiaries who
receive the greatest reduction in benefits
under the plan as a result of the
suspension.''.
(2) Prohibited transactions.--Paragraph (1) of section
406(a) of such Act (29 U.S.C. 1106(a)(1)) is amended--
(A) by striking ``or'' at the end of subparagraph
(D),
(B) by striking the period at the end of
subparagraph (E) and inserting ``; or'', and
(C) by adding at the end the following new
subparagraph:
``(F) notwithstanding section 408(b)(2), payment by
a systemically important plan (as defined in section
305(e)(9)(H)(v)(III)) of--
``(i) any compensation (including a bonus
or performance-based compensation) in excess of
the amount determined under section
305(e)(9)(C)(iii) to any employee of the plan
with respect to which a benefit suspension is
in effect under section 305(e)(9), or
``(ii) in the case of any nonemployee who
was an employee of the plan during any of the 3
plan years immediately preceding the year in
which the benefit suspension is approved under
section 305(e)(9)(G), any compensation to such
individual (as an independent contractor or
otherwise and including any bonus or
performance-based compensation) in excess of
the amount that would be determined under
section 305(e)(9)(C)(iii) if the individual
were an employee at the time of payment of such
compensation.''.
(c) Effective Dates.--
(1) In general.--The amendments made by subsections (a)(1)
and (b)(1) shall apply to suspensions of benefits under section
432(e)(9)(G) of the Internal Revenue Code of 1986 and section
305(e)(9)(G) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1085(e)(9)(G)) which take effect after the date
of the enactment of this Act.
(2) Prohibited transactions.--The amendments made by
subsections (a)(2), (b)(2), and (b)(3) shall apply to any
transaction made after the date of the enactment of this Act.
SEC. 3. PROHIBITION OF LOBBYING EXPENSES.
(a) Amendments to Internal Revenue Code of 1986.--
(1) In general.--Paragraph (1) of section 4975(c) of the
Internal Revenue Code of 1986, as amended by section 1(a), is
amended--
(A) by striking ``or'' at the end of subparagraph
(F),
(B) by striking the period at the end of
subparagraph (G) and inserting ``; or'', and
(C) by adding at the end the following new
subparagraph:
``(H) payment by the plan of any amount for the
engagement of any person other than an employee of the
plan in connection with any activity described in
section 162(e)(1) during any period in which the plan
is in endangered status under section 432(b)(1), in
critical status under section 432(b)(2), or in critical
and declining status under section 432(b)(6).''.
(2) Liability of plan sponsor.--Subsections (a) and (b) of
section 4975 of such Code, as amended by section 1(a), are each
amended by striking ``subsection (c)(1)(G)'' and inserting
``subparagraph (G) or (H) of subsection (c)(1)''.
(b) Amendments to Employee Retirement Income Security Act of
1974.--
(1) In general.--Paragraph (1) of section 406(a) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1106(a)(1)), as amended by section 1(b), is amended--
(A) by striking ``or'' at the end of subparagraph
(E),
(B) by striking the period at the end of
subparagraph (F) and inserting ``; or'', and
(C) by adding at the end the following new
subparagraph:
``(G) payment by the plan of any amount for the
engagement of any person other than an employee of the
plan in connection with any activity described in
section 162(e)(1) of the Internal Revenue Code of 1986
during any period in which the plan is in endangered
status under section 305(b)(1), in critical status
under section 305(b)(2), or in critical and declining
status under section 305(b)(6).''.
(2) Liability of plan sponsor.--Subsection (c) of section
409 of such Act (29 U.S.C. 1109(c)), as added by section 1(b),
is amended by striking ``4975(c)(1)(G)'' and inserting
``subparagraph (G) or (H) of section 4975(c)(1)''.
(c) Effective Date.--The amendments made by this section shall
apply to transactions made after the date of the enactment of this Act. | Pension Fund Integrity Act of 2016 This bill amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to require salary reductions for certain employees of systemically important multiemployer pension plans that are in critical or declining status and that reduce participant benefits. When a benefit suspension is in effect, any compensation paid to employees of a plan that exceeds the amounts specified in this bill is a prohibited transaction that is subject to a tax to be paid by the plan sponsor. If a plan is in endangered, critical, or critical and declining status, payments for lobbying and political expenses for any person other than an employee of the plan are prohibited transactions and subject to a tax to be paid by the plan sponsor. | {"src": "billsum_train", "title": "Pension Fund Integrity Act of 2016"} | 2,400 | 157 | 0.498415 | 1.32499 | 0.626988 | 2.72028 | 14.482517 | 0.832168 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Academic Partnerships Lead Us to
Success Act'' or the ``A PLUS Act''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To give States and local communities added flexibility
to determine how to improve academic achievement and implement
education reforms.
(2) To reduce the administrative costs and compliance
burden of Federal education programs in order to focus Federal
resources on improving academic achievement.
(3) To ensure that States and communities are accountable
to the public for advancing the academic achievement of all
students, especially disadvantaged children.
SEC. 3. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise provided, the terms
used in this Act have the meanings given the terms in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801 et seq.).
(2) Accountability.--The term ``accountability'' means that
public schools are answerable to parents and other taxpayers
for the use of public funds and shall report student progress
to parents and taxpayers regularly.
(3) Declaration of intent.--The term ``declaration of
intent'' means a decision by a State, as determined by State
Authorizing Officials or by referendum, to assume full
management responsibility for the expenditure of Federal funds
for certain eligible programs for the purpose of advancing, on
a more comprehensive and effective basis, the educational
policy of such State.
(4) State.--The term ``State'' has the meaning given such
term in section 1122(e) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6332(e)).
(5) State authorizing officials.--The term ``State
Authorizing Officials'' means the State officials who shall
authorize the submission of a declaration of intent, and any
amendments thereto, on behalf of the State. Such officials
shall include not less than 2 of the following:
(A) The governor of the State.
(B) The highest elected education official of the
State, if any.
(C) The legislature of the State.
(6) State designated officer.--The term ``State Designated
Officer'' means the person designated by the State Authorizing
Officials to submit to the Secretary, on behalf of the State, a
declaration of intent, and any amendments thereto, and to
function as the point-of-contact for the State for the
Secretary and others relating to any responsibilities arising
under this Act.
SEC. 4. DECLARATION OF INTENT.
(a) In General.--Each State is authorized to submit to the
Secretary a declaration of intent permitting the State to receive
Federal funds on a consolidated basis to manage the expenditure of such
funds to advance the educational policy of the State.
(b) Programs Eligible for Consolidation and Permissible Use of
Funds.--
(1) Scope.--A State may choose to include within the scope
of the State's declaration of intent any program for which
Congress makes funds available to the State if the program is
for a purpose described in the Elementary and Education
Secondary Act of 1965 (20 U.S.C. 6301). A State may not include
any program funded pursuant to the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(2) Uses of funds.--Funds made available to a State
pursuant to a declaration of intent under this Act shall be
used for any educational purpose permitted by State law of the
State submitting a declaration of intent.
(3) Removal of fiscal and accounting barriers.--Each State
educational agency that operates under a declaration of intent
under this Act shall modify or eliminate State fiscal and
accounting barriers that prevent local educational agencies and
schools from easily consolidating funds from other Federal,
State, and local sources in order to improve educational
opportunities and reduce unnecessary fiscal and accounting
requirements.
(c) Contents of Declaration.--Each declaration of intent shall
contain--
(1) a list of eligible programs that are subject to the
declaration of intent;
(2) an assurance that the submission of the declaration of
intent has been authorized by the State Authorizing Officials,
specifying the identity of the State Designated Officer;
(3) the duration of the declaration of intent;
(4) an assurance that the State will use fiscal control and
fund accounting procedures;
(5) an assurance that the State will meet the requirements
of applicable Federal civil rights laws in carrying out the
declaration of intent and in consolidating and using the funds
under the declaration of intent;
(6) an assurance that in implementing the declaration of
intent the State will seek to advance educational opportunities
for the disadvantaged;
(7) a description of the plan for maintaining direct
accountability to parents and other citizens of the State; and
(8) an assurance that in implementing the declaration of
intent, the State will seek to use Federal funds to supplement,
rather than supplant, State education funding.
(d) Duration.--The duration of the declaration of intent shall not
exceed 5 years.
(e) Review and Recognition by the Secretary.--
(1) In general.--The Secretary shall review the declaration
of intent received from the State Designated Officer not more
than 60 days after the date of receipt of such declaration, and
shall recognize such declaration of intent unless the
declaration of intent fails to meet the requirements under
subsection (c).
(2) Recognition by operation of law.--If the Secretary
fails to take action within the time specified in paragraph
(1), the declaration of intent, as submitted, shall be deemed
to be approved.
(f) Amendment to Declaration of Intent.--
(1) In general.--The State Authorizing Officials may direct
the State Designated Officer to submit amendments to a
declaration of intent that is in effect. Such amendments shall
be submitted to the Secretary and considered by the Secretary
in accordance with subsection (e).
(2) Amendments authorized.--A declaration of intent that is
in effect may be amended to--
(A) expand the scope of such declaration of intent
to encompass additional eligible programs;
(B) reduce the scope of such declaration of intent
by excluding coverage of a Federal program included in
the original declaration of intent;
(C) modify the duration of such declaration of
intent; or
(D) achieve such other modifications as the State
Authorizing Officials deem appropriate.
(3) Effective date.--The amendment shall specify an
effective date. Such effective date shall provide adequate time
to assure full compliance with Federal program requirements
relating to an eligible program that has been removed from the
coverage of the declaration of intent by the proposed
amendment.
(4) Treatment of program funds withdrawn from declaration
of intent.--Beginning on the effective date of an amendment
executed under paragraph (2)(B), each program requirement of
each program removed from the declaration of intent shall apply
to the State's use of funds made available under the program.
SEC. 5. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.
(a) In General.--Each State operating under a declaration of intent
under this Act shall inform parents and the general public regarding
the student achievement assessment system, demonstrating student
progress relative to the State's determination of student proficiency
for the purpose of public accountability to parents and taxpayers.
(b) Accountability System.--The State shall determine and establish
an accountability system to ensure accountability under this Act.
(c) Report on Student Progress.--Not later than 1 year after the
effective date of the declaration of intent, and annually thereafter, a
State shall disseminate widely to parents and the general public a
report that describes student progress. The report shall include--
(1) student performance data disaggregated in the same
manner as data are disaggregated under section
1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)); and
(2) a description of how the State has used Federal funds
to improve academic achievement, reduce achievement disparities
between various student groups, and improve educational
opportunities for the disadvantaged.
SEC. 6. ADMINISTRATIVE EXPENSES.
(a) In General.--Except as provided in subsection (b), the amount
that a State with a declaration of intent may expend for administrative
expenses shall be limited to 1 percent of the aggregate amount of
Federal funds made available to the State through the eligible programs
included within the scope of such declaration of intent.
(b) States Not Consolidating Funds Under Part A of Title I.--If the
declaration of intent does not include within its scope part A of title
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.), the amount spent by the State on administrative expenses
shall be limited to 3 percent of the aggregate amount of Federal funds
made available to the State pursuant to such declaration of intent.
SEC. 7. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.
Each State consolidating and using funds pursuant to a declaration
of intent under this Act shall provide for the participation of private
school children and teachers in the activities assisted under the
declaration of intent in the same manner as participation is provided
to private school children and teachers under section 8501 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881). | Academic Partnerships Lead Us to Success Act or the A PLUS Act This bill allows each state to receive federal elementary and secondary education funds on a consolidated basis and manage the funds to advance the educational policy of the state. A declaration of intent must be formulated by a combination of specified state officials or by referendum and must list the programs for which consolidated funding is requested. States may use such funds for any educational purpose permitted by state law, but must make certain assurances that they will use fiscal control and fund accounting procedures, abide by federal civil rights laws, advance educational opportunities for the disadvantaged, and use federal funds to supplement rather than supplant state funding. Each declaration state shall: (1) inform the public about its student achievement assessment system, (2) report annually on student progress toward the state's proficiency standards by specified student groups, and (3) provide for the equitable participation of private school children and teachers in the same manner as provided for under current law. | {"src": "billsum_train", "title": "Academic Partnerships Lead Us to Success Act"} | 2,028 | 203 | 0.574106 | 1.724015 | 0.759738 | 3.108247 | 9.701031 | 0.891753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Hazardous Waste
Facilities Siting and Permitting Act of 1996''.
SEC. 2. AMENDMENT OF SOLID WASTE DISPOSAL ACT.
(a) In General.--Subtitle C of the Solid Waste Disposal Act (42
U.S.C. 6921 and following) is amended by adding the following new
section at the end thereof:
``SEC. 3024. SITING OF NEW OR EXPANDED HAZARDOUS WASTE FACILITIES.
``(a) Definitions.--For purposes of this section:
``(1) Application.--The term `application' means an
application filed with a State or local permitting authority
for approval to site a new or expanded hazardous waste
facility.
``(2) Densely populated area.--The term `densely populated
area' means an incorporated place or census designated place
``(defined by the Census Bureau) with a population density of
at least 1,500 people per square mile as determined by the
decennial census.
``(3) Environmental redlining.--The term `environmental
redlining' means the selection of sites for new or expanded
hazardous waste facilities based predominantly on the income of
the majority of residents of real property surrounding the new
or expanded hazardous waste facility site.
``(4) Host community.--The term `host community' means the
incorporated place or census designated place of a State in
which a new or expanded hazardous waste facility is proposed to
be located.
``(5) New or expanded hazardous waste facility.--The term
`new or expanded hazardous waste facility' means a hazardous
waste treatment, storage, or disposal facility--
``(A) the construction of which commences after the
enactment of this section, or
``(B) the expansion of the physical capacity of
which commences after January 1, 2000.
For the purposes of this paragraph, the term `commence', when
used with respect to a facility, refers to the issuance of all
applicable permits for such facility under other provisions of
Federal, State, and local law.
``(6) Official.--The term `official' means the elected
executive official(s) of the host community if it is
incorporated, or the county executive official or officials if
it is a census designated place.
``(7) Person.--The term `person' means an individual,
corporation, partnership, limited partnership, limited
liability company, or any other lawful business entity that
plans to operate a new or expanded hazardous waste facility.
``(8) Prime farm land.--The term `prime farm land' means
real property on which crop yields exceed the State's annual
average (as determined by the United States Department of
Agriculture) of units per acre by at least 15 percent for 5
consecutive or nonconsecutive years of the past 10 years.
``(9) Permitting authority.--The term `permitting
authority' means the State or local authority having
jurisdiction under State or local law over the siting and
permitting of new or expanded hazardous waste facilities.
``(10) Public place.--The term `public place' means any
structure the general public may access at least 40 hours per
week.
``(11) Units.--The term `units' means the pertinent crop
measure used by the United States Department of Agriculture for
reporting services for historical data.
``(b) Siting Criteria.--In addition to the standards applicable
under section 3004, and under State and local law, each State or local
permitting authority shall develop, not longer than 1 year after
enactment of this Act, hazardous waste facility siting criteria, which,
at a minimum, are consistent with each of the following:
``(1) Demographic criteria.--New or expanded hazardous
waste facilities shall not be located within a 10-mile radius
of densely populated areas or within 2,600 feet of any school,
church, day care center, or other building or site at which
persons under the age of 18 are frequently present.
``(2) Topographic-atmospheric-geologic criteria.--New or
expanded hazardous waste facilities shall not be located on or
within any of the following areas:
``(A) On shallow aquifers or recharge areas for
shallow aquifers that are or may reasonably be expected
to be used for drinking water or cropland irrigation.
``(B) Within at least 200 feet of streams, rivers,
ponds, lakes, reservoirs, or other bodies of water that
are in existence for at least 21 consecutive days.
``(C) On prime farm land.
``(3) Redlining.--The siting of new or expanded hazardous
waste facilities shall not be based on environmental redlining.
``(c) Siting Procedures.--In addition to any procedures otherwise
applicable under this Act or other applicable law, each State or local
permitting authority shall develop hazardous waste facility siting
procedures, which, at a minimum, are consistent with the following:
``(1) Application process.--Each application shall contain
written assurances that the following procedures have been, or
will be, carried out:
``(A)(i) The person shall publish an announcement
of the intent to file an application to site a new or
expanded hazardous waste facility, specifying the exact
location of the proposed site, in 2 newspapers of
general circulation 30 to 90 days before the filing of
the application.
``(ii) One of the 2 newspapers of general
circulation shall be the newspaper with the largest
circulation of the incorporated place or census
designated place wherein the new or expanded hazardous
waste facility is proposed to be sited.
``(iii) The announcement of intent to file an
application to site a new or expanded hazardous waste
facility shall be published in a type size not smaller
than the majority of the text type used on the front
page of the newspaper.
``(B) The person shall submit to the permitting
authority and to the official of the host community, a
prospectus that detailed the criteria for the selection
of the site and the nature of the waste management
activities conducted at the planned facility. A copy of
the prospectus shall be made available at a public
place in the host community by the official of the host
community.
``(C) The person shall submit to the permitting
authority and to the official of the host community a
detailed analysis and reporting of each of the
following:
``(i) The area in which the new or expanded
hazardous waste facility is to be located.
``(ii) The process by which the area was
selected.
``(iii) A description of the technologies
to be used at the facility.
``(iv) A comprehensive treatment analysis
of the hazardous waste to be managed at the
facility.
``(v) The annual capacity of the new or
expanded hazardous waste facility.
``(vi) The expected origin of the waste
accepted at the new or expanded hazardous waste
facility.
``(vii) The quantity of waste the person
intends to receive.
``(viii) The prospects for future expansion
of the hazardous waste facility.
``(ix) Whether the person, its parent
company, officers, corporate principals, or any
entity owned, controlled, or operated by the
entity has any pending or unresolved
environmental violations of this Act.
``(D) The official of the host community shall
establish a host community advisory committee of
individuals with representation from opponents and
supporters of the location of the new or expanded
hazardous waste facility within 60 days of the filing
of the application.
``(E) The host community advisory committee shall
conduct 1 public meeting on the planned hazardous waste
facility within 90 days of the establishment of the
host advisory committee.
``(F) Upon the completion of the procedures
described in subparagraphs (A) through (E), the person
filing the application has requested the official of
the host community for consent to site the facility in
the host community.
``(2) Recommendation of the host community advisory
committee.--The host community advisory committee shall submit
a nonbinding written recommendation to the official of the host
community within 30 days of the written request of the person
filing the application, which reflects the opinion of the
majority of the members of the host community advisory
committee.
``(3) Consent of the official of the host community.--(A)
The official of the host community shall file his consent or a
statement withholding consent with the permitting authority
within 10 days of the submission of the host community advisory
committee's recommendations.
``(B) The official of the host community shall include in
his consent or statement withholding consent, the criteria upon
which his consent, or lack thereof, is based.
``(4) Appeals process.--The number of appeals of the
permitting authority's final ruling on the application to site
new or expanded hazardous waste facilities shall not exceed one
(1).''.
(b) Table of Contents.--The table of contents for subtitle C of the
Solid Waste Disposal Act is amended by adding the following new item
after the item relating to section 3023:
``Sec. 3024. Siting of new or expanded hazardous waste facilities.''. | Common Sense Hazardous Waste Facilities Siting and Permitting Act of 1996 - Amends the Solid Waste Disposal Act to add to standards applicable to hazardous waste treatment, storage, and disposal facilities under the Act and under State and local law the requirement that States and local permitting authorities develop siting criteria which, at a minimum, impose restrictions on facility location: (1) within specified distances of densely populated areas or schools, churches, day care centers, or other buildings frequented by persons under age 18; (2) on or within specified distances of aquifers or recharge areas used as sources of drinking or irrigation water, bodies of water, or prime farm land (as defined in this Act); and (3) based upon environmental redlining (selection of sites predominantly on the basis of the income of residents in the surrounding area).
Requires States and local permitting authorities to develop siting procedures which meet specified minimum standards concerning the application process, host community advisory committee recommendations, official consent of the host community, and a restricted appeals process. | {"src": "billsum_train", "title": "Common Sense Hazardous Waste Facilities Siting and Permitting Act of 1996"} | 2,009 | 225 | 0.56679 | 1.583138 | 0.772928 | 2.32 | 9.515 | 0.87 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Victims' Assets,
Restitution Policy, and Remembrance Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States should continue to lead the
international effort to identify, protect, and return looted
assets taken by the Nazis and their collaborators from victims
of the Holocaust.
(2) The citizens of the United States should understand
exactly how the United States Government dealt with the assets
looted from victims of the Nazis that came into its possession.
(3) The United States forces in Europe made extraordinary
efforts to locate and restitute assets taken by the Nazis and
their collaborators from victims of the Holocaust.
(4) However, the restitution policy formulated by the
United States and implemented in the countries in Europe
occupied by the United States had many inadequacies and fell
short of realizing the goal of returning stolen property to the
victims.
(5) As a result of these United States policies and their
implementation, there remain today many survivors or heirs of
survivors who have not had restored to them that which the
Nazis looted.
(6) The Presidential Advisory Commission on Holocaust
Assets in the United States, established in Public Law 105-186,
found the following:
(A) Despite the undertaking by United States
agencies to preserve, protect, and return looted
assets, United States restitution policy could never
fully address the unimaginable dimension and complexity
of restituting assets to victims of the Holocaust. Many
inadequacies reveal that United States authorities were
driven by necessity, and practical concerns of
restitution commingled with conflicting interests,
priorities, and political considerations. Restitution
competed with, and was often subordinated to, the
desire to bring American troops home, the need to
rebuild devastated European economies, and provide
humanitarian assistance to millions of displaced
persons, and the Cold War.
(B) With respect to many types of assets, the
United States followed international legal tradition
and undertook only to restore property to national
governments, which it assumed would be responsible for
satisfying the claims of their citizens. Because this
practice excluded those who no longer had a nation to
represent their interests, or who had fallen victim to
the Nazi genocide, the United States also designated
certain ``successor organizations'' to sell heirless
and unclaimed property and apply the proceeds to the
care, resettlement, and rehabilitation of surviving
victims. This practice led many assets to be too
hastily labeled as heirless or unidentifiable, with the
result that they were assigned to the successor
organizations, rather than returned to their rightful
owners.
(C) Far more regrettable is the United States
failure to adequately assist victims, heirs, and
successor organizations to identify victims' assets,
instead relying upon them to present their own claims,
often within unrealistically short deadlines, with the
result that much victim property was never recovered.
(D) Even when property was returned to individual
owners or their heirs, it was often only after
protracted, cumbersome, and expensive administrative
proceedings that yielded settlements far less than the
full value of the assets concerned.
(E) While the overall record of the United States
is one in which its citizens can legitimately take
pride, even the most farsighted and best-intentioned
policies intended to restitute stolen property to its
country of origin failed to realize the goal of
returning property to the victims who suffered the
loss.
(F) In many instances, policy and circumstance
combined and led to results that can be improved upon
now, to provide a modicum of justice to Holocaust
victims and their heirs and in memory of those who did
not survive.
(7) The United States Government should promote both the
review of Holocaust-era assets in Federal, State, and private
institutions, and the return of such assets to victims or their
heirs.
(8) The best way to achieve this is to create a single
institution to serve as a centralized repository for research
and information about Holocaust-era assets.
(9) Enhancing these policies will also assist victims of
future armed conflicts around the world.
(10) The Government of the United States has worked to
address the consequences of the National Socialist era with
other governments and nongovernmental organizations, including
the Conference on Jewish Material Claims Against Germany, which
has worked since 1951 with the Government of the United States
and with other governments to accomplish material restitution
of the looted assets of Holocaust victims, wherever those
assets were identified, and has played a major role in
allocating restitution funds and funds contributed by the
United States and other donor countries to the Nazi Persecutee Relief
Fund.
SEC. 3. ESTABLISHMENT AND PURPOSES.
(a) Establishment.--There is established a National Foundation for
the Study of Holocaust Assets (in this Act referred to as the
``Foundation'').
(b) Purposes.--The purposes of the Foundation are--
(1) to serve as a centralized repository for research and
information about Holocaust-era assets by--
(A) compiling and publishing a comprehensive report
that integrates and supplements where necessary the
research on Holocaust-era assets prepared by various
countries' commissions on the Holocaust;
(B) working with the Department of State's Special
Envoy for Holocaust Issues to review the degree to
which foreign governments have implemented the
principles adopted at the Washington Conference on
Holocaust-era Assets and the Vilnius International
Forum on Holocaust-era Looted Cultural Property, and
should encourage the signatories that have not yet
implemented those principles to do so; and
(C) collecting and disseminating information about
restitution programs around the world;
(2) to create tools to assist individuals and institutions
to determine the ownership of Holocaust victims' assets and to
enable claimants to obtain the speedy resolution of their
personal property claims by--
(A) ensuring the implementation of the agreements
entered into by the Presidential Advisory Commission on
Holocaust Assets in the United States with the American
Association of Museums and the Association of Art
Museum Directors to provide for the establishment and
maintenance of a searchable central registry of
Holocaust-era cultural property in the United States,
beginning with European paintings and Judaica;
(B) funding grants to museums, libraries,
universities, and other institutions that hold
Holocaust-era cultural property and adhere to the
agreements referred to in subparagraph (A), to conduct
provenance research;
(C) encouraging the creation and maintenance of
mechanisms such as an Internet-based, searchable portal
of Holocaust victims' claims for the restitution of
personal property;
(D) funding a cross match of records developed by
the 50 States of escheated property from the Holocaust
era against databases of victims' names and publicizing
the results of this effort;
(E) assisting State governments in the preservation
and automation of records of unclaimed property that
may include Holocaust-era property; and
(F) regularly publishing lists of Holocaust-era
artworks returned to claimants by museums in the United
States;
(3) to work with private sector institutions to develop and
promote common standards and best practices for research and
information gathering on Holocaust-era assets by--
(A) promoting and monitoring banks' implementation
of the suggested best practices developed by the
Presidential Advisory Commission on Holocaust Assets in
the United States and the New York Bankers'
Association;
(B) promoting the development of common standards
and best practices for research by United States
corporations into their records concerning whether they
conducted business with Nazi Germany in the period
preceding the onset of hostilities in December 1941;
(C) encouraging the International Commission on
Holocaust Era Insurance Claims (ICHEIC) to prepare a
report on the results of its claims process; and
(D) promoting the study and development of policies
regarding the treatment of cultural property in
circumstances of armed conflict; and
(4) other purposes the Board considers appropriate.
SEC. 4. BOARD OF DIRECTORS.
(a) Membership and Terms.--The Foundation shall have a Board of
Directors (in this Act referred to as the ``Board''), which shall
consist of 17 members, each of whom shall be a United States citizen.
(b) Appointment.--Members of the Board shall be appointed as
follows:
(1) Nine members of the Board shall be representatives of
government departments, agencies and establishments, appointed
by the President, by and with the advice and consent of the
Senate as follows:
(A) One representative each from the Department of
State, Department of Justice, Department of the
Treasury, Department of the Army, National Archives and
Records Administration, and Library of Congress.
(B) One representative each from the United States
Holocaust Memorial Council, National Gallery of Art,
and National Foundation on the Arts and Humanities.
(2) Eight members of the Board shall be individuals who
have a record of demonstrated leadership relating to the
Holocaust or in the fields of commerce, culture, or education,
appointed by the President, by and with the advice and consent
of the Senate, after consideration of the recommendations of
the congressional leadership, as follows:
(A) Two members each shall be appointed after
consideration of the recommendations of the Majority
Leader of the Senate and after consideration of the
recommendations of the Minority Leader of the Senate.
(B) Two members each shall be appointed after
consideration of the recommendations of the Speaker of
the House of Representatives and after consideration of
the recommendations of the Minority Leader of the House
of Representatives.
(c) Chairman.--The President shall appoint a Chair from among the
members of the Board.
(d) Quorum and Voting.--A majority of the membership of the Board
shall constitute a quorum for the transaction of business. Voting shall
be by simple majority of those members voting.
(e) Meetings and Consultations.--The Board shall meet at the call
of the Chairman at least twice a year. Where appropriate, members of
the Board shall consult with relevant agencies of the Federal
Government, and with the United States Holocaust Memorial Council and
Museum.
(f) Reimbursements.--Members of the Board shall serve without pay,
but shall be reimbursed for the actual and necessary traveling and
subsistence expenses incurred by them in the performance of the duties
of the Foundation.
SEC. 5. OFFICERS AND EMPLOYEES.
(a) Executive Director.--The Foundation shall have an Executive
Director appointed by the Board and such other officers as the Board
may appoint. The Executive Director and the other officers of the
Foundation shall be compensated at rates fixed by the Board and shall
serve at the pleasure of the Board.
(b) Employees.--Subject to the approval of the Board, the
Foundation may employ such individuals at such rates of compensation as
the Executive Director determines appropriate.
(c) Volunteers.--Subject to the approval of the Board, the
Foundation may accept the services of volunteers in the performance of
the functions of the Foundation.
SEC. 6. FUNCTION AND CORPORATE POWERS.
The Foundation--
(1) may conduct business in the United States and abroad;
(2) shall have its principal offices in the District of
Columbia or its environs; and
(3) shall have the power--
(A) to accept, receive, solicit, hold, administer,
and use any gift, devise, or bequest, either absolutely
or in trust, of real or personal property or any income
therefrom, or other interest therein;
(B) to acquire by purchase or exchange any real or
personal property or interest therein;
(C) to sell, donate, lease, invest, reinvest,
retain, or otherwise dispose of any real or personal
property or income therefrom;
(D) to enter into contracts or other arrangements
with public agencies, private organizations, and other
persons, and to make such payments as may be necessary
to carry out its purposes; and
(E) to do any and all acts necessary and proper to
carry out the purposes of the Foundation.
SEC. 7. REPORTING REQUIREMENTS.
The Foundation shall, as soon as practicable after the end of each
fiscal year, transmit to Congress a report of its proceedings and
activities during that fiscal year, including a full and complete
statement of its receipts, expenditures, and investments, and a
description of all acquisition and disposal of real property.
SEC. 8. ADMINISTRATIVE SERVICES AND SUPPORT.
The Secretary of the Treasury, the Secretary of Education, the
Secretary of State, and the heads of any other Federal agencies may
provide personnel, facilities, and other administrative services to the
Foundation.
SEC. 9. SUNSET PROVISION.
The Foundation shall exist until September 30, 2013, at which time
the Foundation's functions and research materials and products shall be
transferred to the United States Holocaust Memorial Museum, or to other
appropriate entities, as determined by the Board.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated to the
Foundation such sums as may be necessary to carry out this Act.
(b) Limitation.--No funds appropriated to carry out this Act may be
used to pay attorneys' fees in the pursuit of private claims. | Holocaust Victims' Assets, Restitution Policy, and Remembrance Act - Establishes the National Foundation for the Study of Holocaust Assets to: (1) serve as a centralized repository for research and information about Holocaust-era assets; (2) create tools to assist individuals and institutions to determine the ownership of Holocaust victims' assets and to enable claimants to obtain the speedy resolution of their personal property claims; and (3) work with private sector institutions to develop and promote common standards and best practices for research and information gathering on Holocaust-era assets. | {"src": "billsum_train", "title": "A bill to establish a National Foundation for the Study of Holocaust Assets."} | 2,838 | 115 | 0.500163 | 1.483545 | 0.523845 | 6.514286 | 25.942857 | 0.990476 |
SECTION 1. AUTHORIZATION OF CERTAIN PAYMENTS UNDER THE CIVIL SERVICE
RETIREMENT SYSTEM AND THE FEDERAL EMPLOYEES RETIREMENT
SYSTEM TO CERTAIN TRUSTS UNDER THE SOCIAL SECURITY ACT.
(a) Civil Service Retirement System.--
(1) Payments.--Section 8345(e) of title 5, United States
Code, is amended--
(A) by inserting ``(1)'' after ``(e)''; and
(B) by adding at the end the following:
``(2)(A) In this paragraph, the terms `dependent' and `child' have
the meanings given under section 8441 (3) and (4), respectively.
``(B) Payment due a minor, or an individual mentally incompetent or
under other legal disability may be made to a trustee under a trust
meeting the requirements of subparagraph (A) or (C) of section
1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4) (A) or
(C)), if--
``(i) in the case of a minor, the minor is--
``(I) a child of the person upon whom the benefit
for payment due is based; or
``(II) a dependent (who is a child) of the person
upon whom the benefit for payment due is based; or
``(ii) in the case of an individual mentally incompetent or
under legal disability--
``(I) the incompetency or disability occurred
during the period that the individual was a child or a
dependent (who was a child) of the person upon whom the
benefit for payment due is based; and
``(II) that incompetency or disability has been
continuous since that occurrence through the date of
the payment due.''.
(2) Assignability of payments.--Section 8346(a) of title 5,
United States Code, is amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following:
``(2)(A) In this paragraph, the terms `dependent' and `child' have
the meanings given under section 8441 (3) and (4), respectively.
``(B) Except as provided under paragraph (1), money payable under
this subchapter to a minor or an individual mentally incompetent or
under other legal disability is not assignable, either in law or
equity, except to a trustee under a trust meeting the requirements of
subparagraph (A) or (C) of section 1917(d)(4) of the Social Security
Act (42 U.S.C. 1396p(d)(4) (A) or (C)), if--
``(i) in the case of a minor, the minor is--
``(I) a child of the person upon whom the benefit
for the money payable is based; or
``(II) a dependent (who is a child) of the person
upon whom the benefit for the money payable is based;
or
``(ii) in the case of an individual mentally incompetent or
under legal disability--
``(I) the incompetency or disability occurred
during the period that the individual was a child or a
dependent (who was a child) of the person upon whom the
benefit for the money payable is based; and
``(II) that incompetency or disability has been
continuous since that occurrence through the date of
the payment of the money.''.
(b) Federal Employees Retirement System.--
(1) Payments.--Section 8466(c) of title 5, United States
Code, is amended--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding at the end the following:
``(2)(A) In this paragraph, the terms `dependent' and `child' have
the meanings given under section 8441 (3) and (4), respectively.
``(B) Payment due a minor, or an individual mentally incompetent or
under other legal disability may be made to a trustee under a trust
meeting the requirements of subparagraph (A) or (C) of section
1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4) (A) or
(C)), if--
``(i) in the case of a minor, the minor is--
``(I) a child of the person upon whom the benefit
for payment due is based; or
``(II) a dependent (who is a child) of the person
upon whom the benefit for payment due is based; or
``(ii) in the case of an individual mentally incompetent or
under legal disability--
``(I) the incompetency or disability occurred
during the period that the individual was a child or a
dependent (who was a child) of the person upon whom the
benefit for payment due is based; and
``(II) that incompetency or disability has been
continuous since that occurrence through the date of
the payment due.''.
(2) Assignability of payments.--Section 8470(a) of title 5,
United States Code, is amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following:
``(2)(A) In this paragraph, the terms `dependent' and `child' have
the meanings given under section 8441 (3) and (4), respectively.
``(B) Except as provided under paragraph (1), an amount payable
under subchapter II, IV, or V to a minor or an individual mentally
incompetent or under other legal disability is not assignable, either
in law or equity, except to a trustee under a trust meeting the
requirements of subparagraph (A) or (C) of section 1917(d)(4) of the
Social Security Act (42 U.S.C. 1396p(d)(4) (A) or (C)), if--
``(i) in the case of a minor, the minor is--
``(I) a child of the person upon whom the benefit
for the amount payable is based; or
``(II) a dependent (who is a child) of the person
upon whom the benefit for the amount payable is based;
or
``(ii) in the case of an individual mentally incompetent or
under legal disability--
``(I) the incompetency or disability occurred
during the period that the individual was a child or a
dependent (who was a child) of the person upon whom the
benefit for the amount payable is based; and
``(II) that incompetency or disability has been
continuous since that occurrence through the date of
the payment of the amount.''. | Amends Federal law concerning the Civil Service Retirement System and the Federal Employees Retirement System to allow a payment due a minor or an individual mentally incompetent or under other legal disability to be made to the person who is a trustee under a trust meeting specified trust requirements of title XIX (Medicaid) of the Social Security Act that contains the assets of an individual who is disabled if: (1) in the case of a minor, the minor is a child of the person upon whom the benefit for payment due is based or a dependent (who is a child) of the person upon whom the benefit for payment due is based; or (2) in the case of an individual mentally incompetent or under legal disability, the incompetency or disability occurred during the period that the individual was a child or a dependent (who was a child) of the person upon whom the benefit for payment due is based and that incompetency or disability has been continuous since that occurrence through the date of the payment due.
Provides for the assignability of payments under such Systems to a trustee under such a trust. | {"src": "billsum_train", "title": "A bill to amend chapter 83 and 84 of title 5, United States Code, to authorize payments to certain trusts under the Social Security Act, and for other purposes."} | 1,586 | 243 | 0.686849 | 2.142523 | 0.729832 | 5.852381 | 6.6 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Price Spike Act of 2012''.
SEC. 2. WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 56--WINDFALL PROFIT ON CRUDE OIL, NATURAL GAS, AND PRODUCTS
THEREOF
``Sec. 5896. Imposition of tax.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed an excise tax on the sale in the United
States of any crude oil, natural gas, or other taxable product a tax
equal to the applicable percentage of the windfall profit on such sale.
``(b) Definitions.--For purposes of this section--
``(1) Taxable product.--The term `taxable product' means
any fuel which is a product of crude oil or natural gas.
``(2) Windfall profit.--The term `windfall profit' means,
with respect to any sale, so much of the profit on such sale as
exceeds a reasonable profit.
``(3) Applicable percentage.--The term `applicable
percentage' means--
``(A) 50 percent to the extent that the profit on
the sale exceeds 100 percent of the reasonable profit
on the sale but does not exceed 102 percent of the
reasonable profit on the sale,
``(B) 75 percent to the extent that the profit on
the sale exceeds 102 percent of the reasonable profit
on the sale but does not exceed 105 percent of the
reasonable profit on the sale, and
``(C) 100 percent to the extent that the profit on
the sale exceeds 105 percent of the reasonable profit
on the sale.
``(4) Reasonable profit.--The term `reasonable profit'
means the amount determined by the Reasonable Profits Board to
be a reasonable profit on the sale.
``(c) Liability for Payment of Tax.--The taxes imposed by
subsection (a) shall be paid by the seller.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end the following new item:
``Chapter 56. Windfall Profit on Crude Oil and Refined Petroleum
Products.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. CREDIT FOR PURCHASING FUEL EFFICIENT AMERICAN-MADE PASSENGER
VEHICLES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. PURCHASE OF FUEL-EFFICIENT AMERICAN-MADE PASSENGER
VEHICLES.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the cost of any qualified passenger
vehicle purchased by the taxpayer during the taxable year.
``(b) Maximum Credit.--
``(1) In general.--The credit allowed by this section for
the taxable year shall be--
``(A) $3,000 in the case of a qualified passenger
vehicle not described in subparagraph (B) or (C) if the
vehicle's fuel economy is within the 10 percent most
fuel efficient range,
``(B) $4,500 in the case of a qualified passenger
vehicle not described in subparagraph (C) if the
vehicle's fuel economy is within the 5 percent most
fuel efficient range, and
``(C) $6,000 in the case of a qualified passenger
vehicle the fuel economy of which is at least 65 miles
per gallon.
``(2) Determination of ranges.--
``(A) In general.--A vehicle sold during a calendar
year is within the 10 percent most fuel efficient range
if the fuel economy for such vehicle is equal to or
greater than the lowest fuel economy of a vehicle
included in the group consisting of the 10 percent of
the vehicles sold during the preceding calendar year
with the highest fuel economy. A similar rule shall be
applied to determine the 5 percent most fuel efficient
range.
``(B) Separate determination.--The 5 and 10 percent
most fuel efficient ranges shall be determined
separately for--
``(i) trucks and sport utility vehicles as
a group, and
``(ii) other qualified vehicles as a group.
``(C) Ranges to be published before beginning of
year.--Before the beginning of each calendar year, the
Secretary shall publish in the Federal Register the 5
and 10 percent most fuel efficient ranges which apply
for such calendar year. In the case of ranges for
calendar year 2011, such ranges shall be published as
soon as possible.
``(c) Qualified Passenger Vehicle.--For purposes of this section--
``(1) In general.--The term `qualified automobile' means
any automobile (as defined in section 4064(b))--
``(A) which is purchased after the date of the
enactment of this section,
``(B) which is assembled in the United States by
individuals employed under a collective bargaining
agreement,
``(C) the original use of which begins with the
taxpayer,
``(D) substantially all of the use of which is for
personal, nonbusiness purposes, and
``(E) the fuel economy of such automobile is within
the 10 percent most fuel efficient range.
``(2) Fuel economy.--Fuel economy shall be determined in
accordance with section 4064.
``(d) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit.
``(2) Property used outside united states not qualified.--
No credit shall be allowed under subsection (a) with respect to
any property referred to in section 50(b).''.
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Purchase of fuel-efficient American-made passenger
vehicles.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. MASS TRANSIT FARE REDUCTIONS DURING GAS PRICE SPIKES.
(a) In General.--The Secretary of Transportation may make grants to
the operator of a mass transit system to assist the operator in
reducing fares paid by passengers using the system.
(b) Use of Grants.--Grants received under the program shall be used
solely for implementing a fare reduction described in subsection (a)
that is applied equally to all passengers using the mass transit
system.
(c) Mass Transit System Defined.--In this section, the term ``mass
transit system'' includes bus and commuter rail systems.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section in a fiscal year amounts
equivalent to the excess (if any) of--
(1) the revenues received during the preceding fiscal year
pursuant to chapter 56 of the Internal Revenue Code of 1986
(relating to windfall profit on crude oil and refined petroleum
products), over
(2) the revenue cost for such fiscal year of section 25E of
such Code (relating to purchase of fuel-efficient American-made
passenger vehicles).
Amounts authorized under the preceding sentence shall remain available
until expended.
SEC. 5. REASONABLE PROFITS BOARD.
(a) Establishment.--There is established an independent board to be
known as the ``Reasonable Profits Board'' (hereafter in this section
referred to as the ``Board'').
(b) Duties.--The Board shall make reasonable profit determinations
for purposes of applying section 5896 of the Internal Revenue Code of
1986 (relating to windfall profit on crude oil, natural gas, and
products thereof).
(c) Advisory Committee.--The Board shall be considered an advisory
committee within the meaning of the Federal Advisory Committee Act (5
U.S.C. App.).
(d) Appointment.--
(1) Members.--The Board shall be composed of 3 members
appointed by the President of the United States.
(2) Term.--Members of the Board shall be appointed for a
term of 3 years.
(3) Background.--The members shall have no financial
interests in any of the businesses for which reasonable profits
are determined by the Board.
(e) Pay and Travel Expenses.--
(1) Pay.--Notwithstanding section 7 of the Federal Advisory
Committee Act (5 U.S.C. App.), members of the Board shall be
paid at a rate equal to the daily equivalent of the minimum
annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in
the actual performance of duties vested in the Board.
(2) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with section 5702 and 5703 of title 5, United States
Code.
(f) Director of Staff.--
(1) Qualifications.--The Board shall appoint a Director who
has no financial interests in any of the businesses for which
reasonable profits are determined by the Board.
(2) Pay.--Notwithstanding section 7 of the Federal Advisory
Committee Act (5 U.S.C. App.), the Director shall be paid at
the rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(g) Staff.--
(1) Additional personnel.--The Director, with the approval
of the Board, may appoint and fix the pay of additional
personnel.
(2) Appointments.--The Director may make such appointments
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
any personnel so appointed may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates.
(3) Detailees.--Upon the request of the Director, the head
of any Federal department or agency may detail any of the
personnel of that department or agency to the Board to assist
the Board in accordance with an agreement entered into with the
Board.
(4) Assistance.--The Comptroller General of the United
States may provide assistance, including the detailing of
employees, to the Board in accordance with an agreement entered
into with the Board.
(h) Other Authority.--
(1) Experts and consultants.--The Board may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to
section 3109 of title 5, United States Code.
(2) Leasing.--The Board may lease space and acquire
personal property to the extent that funds are available.
(i) Funding.--There are authorized to be appropriated such funds as
are necessary to carry out this section. | Gas Price Spike Act of 2012 - Amends the Internal Revenue Code to: (1) impose an excise tax on the windfall profit from the sale of any crude oil, natural gas, or fuel which is the product of crude oil or natural gas; and (2) allow a tax credit for the purchase of certain fuel-efficient automobiles assembled in the United States by individuals employed under a collective bargaining agreement. Defines "windfall profit" as so much of the profit from sales of oil and natural gas as exceeds a reasonable profit. Establishes a Reasonable Profits Board to make reasonable profit determinations for purposes of applying the windfall profit tax.
Authorizes the Secretary of Transportation to make grants to mass transit systems, including bus and commuter rail systems, for reducing passenger fares. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a windfall profit tax on oil and natural gas (and products thereof) and to allow an income tax credit for purchases of fuel-efficient passenger vehicles, and to allow grants for mass transit."} | 2,614 | 174 | 0.583108 | 1.611316 | 0.718995 | 3.583893 | 15.456376 | 0.912752 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Production Act
Reauthorization of 2003''.
SEC. 2. REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF 1950.
(a) In General.--The 1st sentence of section 717(a) of the Defense
Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended--
(1) by striking ``sections 708'' and inserting ``sections
707, 708,''; and
(2) by striking ``September 30, 2003'' and inserting
``September 30, 2004''.
(b) Authorization of Appropriations.--Section 711(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by striking
``through 2003'' and inserting ``through 2004''.
SEC. 3. RESOURCE SHORTFALL FOR RADIATION-HARDENED ELECTRONICS.
(a) In General.--Notwithstanding the limitation contained in
section 303(a)(6)(C) of the Defense Production Act of 1950 (50 U.S.C.
App. 2093(a)(6)(C)), the President may take actions under section 303
of the Defense Production Act of 1950 to correct the industrial
resource shortfall for radiation-hardened electronics, to the extent
that such Presidential actions do not cause the aggregate outstanding
amount of all such actions to exceed $200,000,000.
(b) Report by the Secretary.--Before the end of the 6-month period
beginning on the date of the enactment of this Act, the Secretary of
Defense shall submit a report to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial Services of
the House of Representatives describing--
(1) the current state of the domestic industrial base for
radiation-hardened electronics;
(2) the projected requirements of the Department of Defense
for radiation-hardened electronics;
(3) the intentions of the Department of Defense for the
industrial base for radiation-hardened electronics; and
(4) the plans of the Department of Defense for use of
providers of radiation-hardened electronics beyond the
providers with which the Department had entered into
contractual arrangements under the authority of the Defense
Production Act of 1950, as of the date of the enactment of this
Act.
SEC. 4. CLARIFICATION OF PRESIDENTIAL AUTHORITY.
Subsection (a) of section 705 of the Defense Production Act of 1950
(50 U.S.C. App. 2155(a)) is amended by inserting after the end of the
1st sentence the following new sentence: ``The authority of the
President under this section includes the authority to obtain
information in order to perform industry studies assessing the
capabilities of the United States industrial base to support the
national defense.''.
SEC. 5. CRITICAL INFRASTRUCTURE PROTECTION AND RESTORATION.
Section 702 of the Defense Production Act of 1950 (50 U.S.C. App.
2152) is amended--
(1) by redesignating paragraphs (3) through (17) as
paragraphs (4) through (18), respectively;
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Critical infrastructure.--The term `critical
infrastructure' means any systems and assets, whether physical
or cyber-based, so vital to the United States that the
degradation or destruction of such systems and assets would
have a debilitating impact on national security, including, but
not limited to, national economic security and national public
health or safety.''; and
(3) in paragraph (14) (as so redesignated by paragraph (1)
of this section), by inserting ``and critical infrastructure
protection and restoration'' before the period at the end of
the last sentence.
SEC. 6. REPORT ON CONTRACTING WITH MINORITY- AND WOMEN-OWNED
BUSINESSES.
(a) Report Required.--Before the end of the 1-year period beginning
on the date of the enactment of this Act, the Secretary of Defense
shall submit a report to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services of the
House of Representatives on the extent to which contracts entered into
during the fiscal year ending before the end of such 1-year period
under the Defense Production Act of 1950 have been contracts with
minority- and women-owned businesses.
(b) Contents of Report.--The report submitted under subsection (a)
shall include the following:
(1) The types of goods and services obtained under
contracts with minority- and women-owned businesses under the
Defense Production Act of 1950 in the fiscal year covered in
the report.
(2) The dollar amounts of such contracts.
(3) The ethnicity of the majority owners of such minority-
and women-owned businesses.
(4) A description of the types of barriers in the
contracting process, such as requirements for security
clearances, that limit contracting opportunities for minority-
and women-owned businesses, together with such recommendations
for legislative or administrative action as the Secretary of
Defense may determine to be appropriate for increasing
opportunities for contracting with minority- and women-owned
businesses and removing barriers to such increased
participation.
(c) Definitions.--For purposes of this section, the terms ``women-
owned business'' and ``minority-owned business'' have the meanings
given such terms in section 21A(r) of the Federal Home Loan Bank Act,
and the term ``minority'' has the meaning given such term in section
1204(c)(3) of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
SEC. 7. COMMERCE RESPONSIBILITIES REGARDING CONSULTATION WITH FOREIGN
NATIONS.
(a) Offsets in Defense Procurements.--Section 123(c) of the Defense
Production Act Amendments of 1992 (50 U.S.C. App. 2099 note) is amended
to read as follows:
``(c) Negotiations.--
``(1) Interagency team.--It is the policy of Congress that
the President shall designate the Secretary of Commerce to
lead, in coordination with the Secretary of State, an
interagency team to negotiate with foreign nations the
elimination of offset arrangements, industrial participation,
or similar arrangements in defense procurement. The President
shall transmit an annual report on the results of these
negotiations to the Congress as part of the report required
under section 309(a) of the Defense Production Act of 1950.
``(2) Recommendations for modifications.--Pending the
elimination of the arrangements described in paragraph (1), the
interagency team shall submit to the Secretary of Defense any
recommendations for modifications of a memorandum of
understanding entered into under section 2531 of title 10,
United States Code, or a related agreement that the team
considers to be an appropriate response to a contractual
offset, industrial participation, or similar arrangement that
is entered into under the policy to which section 2532 of such
title applies.
``(3) Notification to ustr regarding offsets.--If the
interagency team determines that a foreign country is pursuing
a policy on contractual offset arrangements, industrial
participation arrangements, or similar arrangements in
connection with the purchase of defense equipment or supplies
that requires compensation for the purchase in the form of
nondefense or dual-use equipment or supplies in a value greater
than the defense equipment or supplies, the team shall notify
the United States Trade Representative of that determination.
Upon receipt of the notification, the United States Trade
Representative shall treat the policy and each such arrangement
as an act, policy, or practice by the foreign country that is
unjustifiable and burdens or restricts United States commerce
for purposes of section 304(a)(1) of the Trade Act of 1974 (19
U.S.C. 2414(a)(1)), and shall take appropriate action under
title III of such Act with respect to such country.''.
(b) Report on Effects of Foreign Contracts on Domestic
Contractors.--Section 309(d)(1) of the Defense Production Act of 1950
(50 U.S.C. App. 2099(d)(1)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
and
(2) in subparagraph (E), by striking the period at the end
and inserting the following: ``; and
``(F) a compilation of data delineating--
``(i) the impact of foreign contracts that
have been awarded through offsets, industrial
participation agreements, or similar
arrangements, on domestic prime contractors,
and at least the first three tiers of
subcontractors; and
``(ii) details of contracts with foreign
1st, 2nd, and 3rd tier subcontractors awarded
through offsets, industrial participation
agreements, or similar arrangements.''. | Defense Production Act Reauthorization of 2003 - Amends the Defense Production Act of 1950 to extend its expiration date and authorization of appropriations through FY 2004. Authorizes the President, under such Act, to: (1) correct the industrial shortfall for radiation-hardened electronics to the extent that such action does not cause the aggregate outstanding amount of all such actions to exceed $200 million; and (2) obtain information in order to perform industry studies assessing capabilities of the U.S. industrial base to support the national defense. Defines "critical infrastructure." Directs the Secretary of Defense to report to the House Financial Services Committee on the extent to which contracts entered into under such Act during the one-year period after the enactment of this Act have been contracts with minority- and women-owned businesses. States as the policy of Congress that the President shall designate the Secretary of Commerce to lead an interagency team to: (1) negotiate with foreign nations the elimination of offset arrangements, industrial participation, or similar arrangements in defense procurement; (2) make recommendations for modifications of memoranda of understanding with respect to such arrangements, pending their termination; and (3) notify the United States Trade Representative if a foreign country pursues a policy of offset or similar arrangements in connection with the purchase of defense equipment or supplies. | {"src": "billsum_train", "title": "A bill to reauthorize the Defense Production Act of 1950, and for other purposes."} | 1,941 | 272 | 0.605882 | 1.927368 | 0.936521 | 4.064257 | 6.927711 | 0.907631 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Naugatuck River Valley National
Heritage Area Study Act''.
SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING NAUGATUCK RIVER VALLEY,
CONNECTICUT.
(a) Findings.--Congress finds the following:
(1) The area that encompasses the Naugatuck River Valley of
Connecticut has made a unique contribution to the cultural,
political, and industrial development of the United States.
(2) The Naugatuck River Valley is comprised of 14
communities along the Naugatuck River, which stretches for more
than 40 miles from its headwaters in Torrington, Connecticut,
to the confluence with the Housatonic River in Shelton. The 14
municipalities of Torrington, Harwinton, Litchfield, Plymouth/
Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon
Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, share
common historical elements, agricultural, trade, and maritime
origins, similar architecture, common industries, an immigrant
culture succeeding colonial beginnings, and a significant
contribution to the war effort from the Revolutionary War to
World War II. Most of these elements are still in evidence
today.
(3) Three major industries drove the manufacturing
contribution of the Valley. As evidenced in the book, The Brass
Industry in the United States, by William Lathrop, the brass
industry was born in Connecticut's Naugatuck River Valley and
harnessed the power of the Naugatuck River and the skilled
immigrant workers who arrived from Germany, Ireland, Italy, and
Poland.
(4) The Naugatuck River Valley also spawned the birth of
the rubber industry in the United States when Charles Goodyear
developed the vulcanization process in 1839. Together with
Samuel Lewis, a wealthy industrialist from Naugatuck,
Connecticut, Goodyear parlayed his innovation into establishing
the U.S. Rubber Company, making Naugatuck the rubber capital of
the world.
(5) The Naugatuck River Valley was also a major contributor
to the success of the United States clock industry. Eli Terry
designed interchangeable parts for his clocks assembled in
Terryville. Renowned clockmaker Seth Thomas began making the
first of millions of clocks in Thomaston, Connecticut, in 1813.
His company continued until 1931 when it became a division of
General Time Corporation (Timex). Other important industries
included pens, evaporated milk, pianos and organs, corset
stays, and cables.
(6) The Naugatuck River Valley has been a major contributor
to the United States war efforts from the American Revolution
to the Civil War to World War II. In the 2007 PBS film ``The
War'', the story of World War II directed and produced by Ken
Burns and Lynn Novick, the City of Waterbury, Connecticut, was
characterized as the ``arsenal'' of the war effort because of
its high concentration of war industries.
(7) The Naugatuck River Valley has been home to many great
authors, diplomats, inventors and patriots, such as David
Humphreys, Aide-de-Camp to General George Washington and the
first American ambassador; Commodore Isaac Hull, Commander of
``Old Ironsides'' during the War of 1812; Ebenezer D. Bassett,
the country's first Black ambassador; Dr. John Howe, inventor
of a pin making machine that made the common pin a household
necessity; and Pierre Lallement, inventor of the modern two-
wheel bicycle.
(8) The Naugatuck River Valley possesses a rich and diverse
assemblage of architecturally significant civic, industrial and
residential structures and monuments dating from Colonial times
to the present. There are 88 structures in the Naugatuck Valley
included on the National Register of Historic Places. The first
law school in America was built in Litchfield. Notable examples
of the variety of architecture found in the Valley include
Robert Wakeman Hill's brilliantly designed Thomaston Opera
House and Town Hall; H.E. Ficken's acoustically impressive
Sterling Opera House in Derby, site of appearances by many
nationally known performers; Waterbury's Clock Tower, designed
by the renowned architectural firm of McKim, Mead & White which
also designed four buildings in Naugatuck; Henry Bacon,
designer of the Lincoln Memorial and two structures in
Naugatuck; and the Father McGivney Statue cast by Joseph
Coletti of Boston to honor the Waterburian who founded the
Knights of Columbus.
(9) The Naugatuck River Valley has been a melting pot for
immigrant populations who have made significant contributions
to the industrial, cultural, and economic development of the
nation.
(10) In 2011, the Naugatuck River Greenway was designated
one of 101 projects nationwide selected by the Secretary of the
Interior under the America's Great Outdoors Initiative. This
multi-sector partnership aims to restore and enhance the river
by completing the Naugatuck River Greenway, creating new public
access to the river, and opening fish passages on the river.
(11) The Naugatuck River Valley possesses a group of
public-spirited citizens dedicated to the preservation and
promotion of the region's natural, historic, and cultural
heritage, and a passionate resolve to work together for the
betterment of the Valley and its residents.
(b) Study.--
(1) In general.--The Secretary of the Interior shall, in
consultation with the State of Connecticut and appropriate
organizations, carry out a study regarding the suitability and
feasibility of establishing the Naugatuck River Valley National
Heritage Area in Connecticut.
(2) Contents.--The study shall include analysis and
documentation regarding whether the Study Area--
(A) has an assemblage of natural, historic, and
cultural resources that together represent distinctive
aspects of American heritage worthy of recognition,
conservation, interpretation, and continuing use, and
are best managed through partnerships among public and
private entities and by combining diverse and sometimes
noncontiguous resources and active communities;
(B) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the national
story;
(C) provides outstanding opportunities to conserve
natural, historic, cultural, or scenic features;
(D) provides outstanding recreational and
educational opportunities;
(E) contains resources important to the identified
theme or themes of the Study Area that retain a degree
of integrity capable of supporting interpretation;
(F) includes residents, business interests,
nonprofit organizations, and local and State
governments that are involved in the planning, have
developed a conceptual financial plan that outlines the
roles for all participants, including the Federal
Government, and have demonstrated support for the
concept of a national heritage area;
(G) has a potential management entity to work in
partnership with residents, business interests,
nonprofit organizations, and local and State
governments to develop a national heritage area
consistent with continued local and State economic
activity; and
(H) has a conceptual boundary map that is supported
by the public.
(c) Boundaries of the Study Area.--The Study Area shall be
comprised of sites in Torrington, Harwinton, Litchfield, Plymouth/
Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls,
Derby, Naugatuck, Oxford, Seymour, and Shelton, Connecticut.
(d) Submission of Study Results.--Not later than 3 years after
funds are first made available for this section, the Secretary shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report describing the results of the study. | Naugatuck River Valley National Heritage Area Study Act This bill directs the Department of the Interior to carry out a study on the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut. | {"src": "billsum_train", "title": "Naugatuck River Valley National Heritage Area Study Act"} | 1,689 | 49 | 0.430994 | 1.239827 | 0.399797 | 4.025641 | 38.128205 | 0.897436 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Designating
Requirements On Notification of Executive-ordered Strikes Act of 2013''
or ``DRONES Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--LIMITATIONS ON PREPLANNED LETHAL OPERATIONS DELIBERATELY
TARGETING UNITED STATES CITIZENS OR CITIZENS OF STRATEGIC TREATY ALLIES
Sec. 101. Definitions.
Sec. 102. Scope of title.
Sec. 103. Limitation on preplanned lethal operations targeting United
States citizens or citizens of strategic
treaty allies.
Sec. 104. Prohibition on preplanned lethal operations inside the
territory of the United States.
TITLE II--LIMITATIONS ON USE OF CLUSTER MUNITIONS
Sec. 201. Definitions.
Sec. 202. General limitation on United States use of cluster munitions.
Sec. 203. Limitation on use of cluster munitions when use is reasonably
likely to unintentionally harm United
States citizens or citizens of strategic
treaty ally.
Sec. 204. Cleanup plan.
Sec. 205. Provision of cluster munitions to foreign nations.
TITLE I--LIMITATIONS ON PREPLANNED LETHAL OPERATIONS DELIBERATELY
TARGETING UNITED STATES CITIZENS OR CITIZENS OF STRATEGIC TREATY ALLIES
SEC. 101. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
the Judiciary, the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on Appropriations,
and the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on the Judiciary, the Committee
on Foreign Affairs, the Committee on Armed Services, the
Committee on Appropriations, and the Committee on Oversight and
Government Reform of the House of Representatives.
(2) Preplanned lethal operation.--The term ``preplanned
lethal operation'' does not include, limit, or restrict actions
taken in immediate self defense or immediate defense of others
by members of the Armed Forces, law enforcement officers, or
other persons authorized to use lethal force in the execution
of their duties.
(3) Strategic treaty ally.--The term ``strategic treaty
ally'' refers to a member nation of the North Atlantic Treaty
Organization, Japan, the Republic of South Korea, and any other
country with which the United States has entered into a
security treaty.
SEC. 102. SCOPE OF TITLE.
(a) Covered Entities.--This title applies to all Federal
departments and agencies and the Armed Forces.
(b) Covered Preplanned Lethal Operations.--This title only applies
to preplanned lethal operations that deliberately target a citizen of
the United States or a citizen of a strategic treaty ally of the United
States.
SEC. 103. LIMITATION ON PREPLANNED LETHAL OPERATIONS TARGETING UNITED
STATES CITIZENS OR CITIZENS OF STRATEGIC TREATY ALLIES.
(a) Limitation.--A Federal department or agency or the Armed Forces
may not deliberately target a citizen of the United States or a citizen
of a strategic treaty ally of the United States in a preplanned lethal
operation unless the preplanned lethal operation is planned and
executed pursuant to a written determination signed personally by the
President--
(1) confirming the status of the targeted citizen as an
enemy combatant; and
(2) authorizing the deliberate lethal targeting of the
citizen based on an articulated need for the use of such lethal
force.
(b) Congressional Notification.--Not later than 30 days after
making a determination under subsection (a), the President shall submit
to the appropriate congressional committees a report, in classified
form if necessary--
(1) certifying that the timing and details of the
preplanned lethal operation were approved personally by the
President; and
(2) describing in detail--
(A) the information used to determine that the
targeted citizen is an enemy combatant; and
(B) the reasons why the use of lethal force was
necessary.
(c) Delegation.--The President may not delegate--
(1) the final determination of enemy combatant status; and
(2) the final approval of timing and details of the
execution of the preplanned lethal operation.
SEC. 104. PROHIBITION ON PREPLANNED LETHAL OPERATIONS INSIDE THE
TERRITORY OF THE UNITED STATES.
Nothing in this title may be construed to authorize any Federal
department or agency or the Armed Forces to deliberately target a
citizen of the United States or a citizen of a strategic treaty ally in
a preplanned lethal operation inside the territory of the United States
or any location under the jurisdiction of the United States.
TITLE II--LIMITATIONS ON USE OF CLUSTER MUNITIONS
SEC. 201. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations, the Committee on Armed Services, and the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Oversight and Government
Reform of the House of Representatives.
(2) Cluster munitions.--
(A) In general.--The term ``cluster munitions''
means conventional munitions that are designed to
disperse or release explosive submunitions each
weighing less than 40 pounds.
(B) Exclusions.--The term does not include any of
the following:
(i) Munitions or submunitions designed to
dispense flares, smoke, pyrotechnics or chaff.
(ii) Munitions designed exclusively for an
air defense role.
(iii) Munitions or submunitions designed to
produce electrical or electronic effects.
(iv) Munitions that, in order to avoid
indiscriminate area effects and risks posed by
unexploded submunitions, have all of the
following characteristics:
(I) The munition contains fewer
than ten explosive submunitions.
(II) Each explosive submunition is
designed to detect and engage a single
target object.
(III) Each explosive submunition is
equipped with an electronic self-
destruction or deactivation mechanism.
(3) Strategic treaty ally.--The term ``strategic treaty
ally'' refers to a member nation of the North Atlantic Treaty
Organization, Japan, the Republic of South Korea, and any other
country with which the United States has entered into a
security treaty.
SEC. 202. GENERAL LIMITATION ON UNITED STATES USE OF CLUSTER MUNITIONS.
(a) Limitation.--The President, head of any Federal department or
agency, or general officer or flag officer of the Armed Forces may not
authorize the use of any cluster munitions unless--
(1) the submunitions of the cluster munitions, after
arming, will not result in more than 1 percent unexploded
ordnance across the range of intended operational environments;
and
(2) the policy applicable to the use of the cluster
munitions requires that the cluster munitions--
(A) will only be used against clearly defined
military targets; and
(B) will not be used in locations where civilian
noncombatants are known to be present or in areas
normally inhabited by civilian noncombatants.
(b) Presidential Waiver Authority.--
(1) Limited waiver authority.--The President may waive the
limitation imposed by subsection (a)(1) if, before authorizing
the use of cluster munitions in a certain situation, the
President certifies that use of the cluster munitions in such
situation is vital to protect the security of the United
States.
(2) Congressional notification.--Not later than 30 days
after the date on which the President makes a certification
under paragraph (1), the President shall submit to the
appropriate congressional committees a report, in classified
form if necessary, describing in detail--
(A) the reasons for the certification;
(B) the steps that were taken or will be taken to
protect civilian noncombatants against contact with the
cluster munitions; and
(C) the failure rate of the cluster munitions and
whether the cluster munitions are fitted with self-
destruct or self-deactivation devices.
(3) No delegation.--The President may not delegate the
authority to make a certification under paragraph (1).
SEC. 203. LIMITATION ON USE OF CLUSTER MUNITIONS WHEN USE IS REASONABLY
LIKELY TO UNINTENTIONALLY HARM UNITED STATES CITIZENS OR
CITIZENS OF STRATEGIC TREATY ALLY.
(a) Limitation.--In addition to the limitation on the use of
cluster munitions applicable under section 202(a), and notwithstanding
any other provision of law, the President, head of any Federal
department or agency, or general officer or flag officer of the Armed
Forces may not authorize the use of any cluster munitions if the use of
the cluster munitions is reasonably likely to unintentionally harm any
citizen of the United States or citizen of a strategic treaty ally of
the United States.
(b) Presidential Waiver Authority.--
(1) Limited waiver authority.--The President may waive the
limitation imposed by subsection (a) if, before authorizing the
use of cluster munitions, the President certifies that,
notwithstanding the risk to any citizen of the United States or
citizen of a strategic treaty ally of the United States, use of
the cluster munitions is vital to protect the security of the
United States.
(2) Congressional notification.--Not later than 30 days
after the date on which the President makes a certification
under paragraph (1), the President shall submit to the
appropriate congressional committees a report, in classified
form if necessary, describing in detail--
(A) the reasons for the certification;
(B) the steps that were taken or will be taken to
prevent unintentional harm to any citizen of the United
States or citizen of a strategic treaty ally of the
United States; and
(C) the failure rate of the cluster munitions and
whether the cluster munitions are fitted with self-
destruct or self-deactivation devices.
(3) No delegation.--The President may not delegate the
authority to make a certification under paragraph (1).
(c) Rule of Construction.--For the purposes of this section, use of
cluster munitions is reasonably likely to unintentionally harm a United
States citizen or a citizen of a strategic treaty ally in any situation
in which any citizen of the United States or any citizen of a strategic
treaty ally is known to be within a two-mile radius of the area to be
targeted with cluster munitions.
SEC. 204. CLEANUP PLAN.
Not later than 90 days after the date on which any cluster
munitions are used by a Federal department or agency or the Armed
Forces consistent with this title, the President shall submit to the
appropriate congressional committees a plan for cleaning up any of the
cluster munitions and submunitions that fail to explode and, therefore,
continue to pose a hazard to civilian noncombatants.
SEC. 205. PROVISION OF CLUSTER MUNITIONS TO FOREIGN NATIONS.
The President, head of any Federal department or agency, or general
officer or flag officer of the Armed Forces may not provide any cluster
munitions to a foreign nation, agency, or armed forces unless--
(1) the cluster munitions to be provided will be used in a
combined military operation with the United States; and
(2) the use of the cluster munitions complies with the
provisions of this title. | Designating Requirements On Notification of Executive-ordered Strikes Act of 2013 or the DRONES Act - Prohibits a federal department or agency or the Armed Forces from deliberately targeting a citizen of the United States or of a strategic treaty ally in a pre-planned lethal operation unless such operation is planned and executed pursuant to a written determination signed personally by the President: (1) confirming the status of the targeted citizen as an enemy combatant, and (2) authorizing the deliberate lethal targeting based on an articulated need for the use of lethal force. Requires the President, within 30 days after making such a determination, to submit a report to specified congressional committees: (1) certifying that the timing and details of the operation were approved personally by the President, and (2) detailing the information used to determine that the targeted citizen is an enemy combatant and the reasons why lethal force was necessary. Prohibits this Act from being construed to authorize such lethal targeting of such a citizen inside any location under U.S. jurisdiction. Prohibits the President, the head of any federal agency, or a general officer or flag officer of the Armed Forces from authorizing the use of cluster munitions: (1) unless the sub-munitions of such munitions, after arming, will not result in more than 1% unexploded ordnance across the range of intended operational environments and the policy applicable to the use of such munitions requires that they will only be used against clearly defined military targets and will not be used in locations where civilian noncombatants are known to be present or in areas normally inhabited by civilian noncombatants; or (2) if such use is reasonably likely to unintentionally harm any citizen of the United States or of a strategic treaty ally (i.e., when any such citizen is known to be within a two-mile radius of the area to be targeted). Authorizes the President to waive such limitations where vital to protect U.S. security. Requires congressional notification of such waiver. Directs the President, following the use of cluster munitions, to submit a plan for cleaning up any such munitions and sub-munitions that fail to explode. Prohibits such officials from providing cluster munitions to a foreign nation, agency or armed force unless: (1) such munitions will be used in a combined military operation with the United States, and (2) the use of such munitions complies with this Act. | {"src": "billsum_train", "title": "DRONES Act"} | 2,755 | 565 | 0.58398 | 1.925372 | 0.686923 | 5.024336 | 4.957965 | 0.94469 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Union Small Business Jobs
Creation Act''.
SEC. 2. LIMITS ON MEMBER BUSINESS LOANS.
(a) Revised Limitation and Criteria.--Effective 6 months after the
date of enactment of this Act, section 107A(a) of the Federal Credit
Union Act (12 U.S.C. 1757a(a)) is amended to read as follows:
``(a) Limitation.--
``(1) In general.--Except as provided in paragraph (2), an
insured credit union may not make any member business loan that
would result in the total amount of such loans outstanding at
that credit union at any one time to be equal to more than the
lesser of--
``(A) 1.75 times the actual net worth of the credit
union; or
``(B) 12.25 percent of the total assets of the
credit union.
``(2) Additional authority.--The Board may approve an
application by an insured credit union upon a finding that the
credit union meets the criteria under this paragraph to make 1
or more member business loans that would result in a total
amount of such loans outstanding at any one time of not more
than 27.5 percent of the total assets of the credit union, if
the credit union--
``(A) had member business loans outstanding at the
end of each of the 4 consecutive quarters immediately
preceding the date of the application, in a total
amount of not less than 80 percent of the applicable
limitation under paragraph (1);
``(B) is well capitalized, as defined in section
216(c)(1)(A);
``(C) can demonstrate at least 5 years of
experience of sound underwriting and servicing of
member business loans;
``(D) has the requisite policies and experience in
managing member business loans; and
``(E) has satisfied other standards that the Board
determines are necessary to maintain the safety and
soundness of the insured credit union.
``(3) Effect of not being well capitalized.--An insured
credit union that has made member business loans under an
authorization under paragraph (2) and that is not, as of its
most recent quarterly call report, well capitalized, may not
make any member business loans until such time as the credit
union becomes well capitalized, as reflected in a subsequent
quarterly call report, and obtains the approval of the
Board.''.
(b) Implementation.--
(1) Tiered approval process.--The Board shall develop a
tiered approval process, under which an insured credit union
gradually increases the amount of member business lending in a
manner that is consistent with safe and sound operations,
subject to the limits established under section 107A(a)(2) of
the Federal Credit Union Act (as amended by this Act). The rate
of increase under the process established under this paragraph
may not exceed 30 percent per year.
(2) Rulemaking required.--The Board shall issue proposed
rules, not later than 6 months after the date of enactment of
this Act, to establish the tiered approval process required
under paragraph (1). The tiered approval process shall
establish standards designed to ensure that the new business
lending capacity authorized under the amendment made by
subsection (a) is being used only by insured credit unions that
are well managed and well capitalized, as required by the
amendments made under subsection (a) and as defined by the
rules issued by the Board under this paragraph.
(3) Considerations.--In issuing rules required under this
subsection, the Board shall consider--
(A) the experience level of the institutions,
including a demonstrated history of sound member
business lending;
(B) the criteria under section 107A(a)(2) of the
Federal Credit Union Act, as amended by this Act; and
(C) such other factors as the Board determines
necessary or appropriate.
(c) Reports to Congress on Member Business Lending.--
(1) Report of the board.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, the Board shall submit a
report to Congress on member business lending by
insured credit unions.
(B) Report.--The report required under subparagraph
(A) shall include--
(i) the types and asset size of insured
credit unions making member business loans and
the member business loan limitations applicable
to the insured credit unions;
(ii) the overall amount and average size of
member business loans by each insured credit
union;
(iii) the ratio of member business loans by
insured credit unions to total assets and net
worth;
(iv) the performance of the member business
loans, including delinquencies and net charge-
offs;
(v) the effect of this section on the
number of insured credit unions engaged in
member business lending, any change in the
amount of member business lending, and the
extent to which any increase is attributed to
the change in the limitation in section 107A(a)
of the Federal Credit Union Act, as amended by
this Act;
(vi) the number, types, and asset size of
insured credit unions that were denied or
approved by the Board for increased member
business loans under section 107A(a)(2), as
amended by this Act, including denials and
approvals under the tiered approval process;
(vii) the types and sizes of businesses
that receive member business loans, the
duration of the credit union membership of the
businesses at the time of the loan, the types
of collateral used to secure member business
loans, and the income level of members
receiving member business loans; and
(viii) the effect of any increases in
member business loans on the risk to the
National Credit Union Share Insurance Fund and
the assessments on insured credit unions.
(2) GAO study and report.--
(A) Study.--The Comptroller General of the United
States shall conduct a study on the status of member
business lending by insured credit unions, including--
(i) trends in such lending;
(ii) types and amounts of member business
loans;
(iii) the effectiveness of this section in
enhancing small business lending;
(iv) recommendations for legislative
action, if any, with respect to such lending;
and
(v) any other information that the
Comptroller General considers relevant with
respect to such lending.
(B) Report.--Not later than 3 years after the date
of enactment of this Act, the Comptroller General shall
submit a report to Congress on the study required by
subparagraph (A).
(d) Definitions.--In this section--
(1) the term ``Board'' means the National Credit Union
Administration Board;
(2) the term ``insured credit union'' has the meaning given
that term in section 101 of the Federal Credit Union Act (12
U.S.C. 1752);
(3) the term ``member business loan'' has the meaning given
that term in section 107A(c)(1) of the Federal Credit Union Act
(12 U.S.C. 1757a(c)(1));
(4) the term ``net worth'' has the meaning given that term
in section 107A(c)(2) of the Federal Credit Union Act (12
U.S.C. 1757a(c)(2)); and
(5) the term ``well capitalized'' has the meaning given
that term in section 216(c)(1)(A) of the Federal Credit Union
Act (12 U.S.C. 1709d(c)(1)(A)). | Credit Union Small Business Jobs Creation Act Amends the Federal Credit Union Act to prohibit an insured credit union from making any member business loan that would result in the total amount of such loans outstanding at that credit union at any one time exceeding either: (1) 1.75 times the actual net worth of the credit union, or (2) 12.25% of the total assets of the credit union. Authorizes the National Credit Union Administration Board to approve an application by an insured credit union to make one or more member business loans that would result in a total amount of such loans outstanding at any one time of up to 27.5 % of the total assets of the credit union, if the credit union meets specified safety and soundness criteria. Prohibits an insured credit union that has made such a member business loan but that is not well capitalized from making any new member business loans until it becomes well capitalized and obtains Board approval. Directs the Board to develop a tiered approval process, including lending standards, under which an insured credit union gradually increases the amount of member business lending in a manner consistent with safe and sound operations. Directs the Comptroller General to study the status of member business lending by insured credit unions. | {"src": "billsum_train", "title": "Credit Union Small Business Jobs Creation Act"} | 1,621 | 255 | 0.706783 | 1.9814 | 0.863921 | 5.180258 | 6.497854 | 0.922747 |
TITLE I--TUSCARORA NATION OF THE KAU-TA-NOH
SEC. 101. SHORT TITLE.
This title may be cited as the ``Tuscarora Nation of the Kau-ta-Noh
Recognition Act''.
SEC. 102. FINDINGS.
The Congress declares and finds the following:
(1) The Tuscarora Nation of the Kau-ta-Noh are descendants
and political successors to the Kau-ta-Noh Tribe, a branch of
those Indians known as the Tuscarora Indians at the time of
initial European contact with America.
(2) The Tuscarora Nation of the Kau-ta-Noh consists of over
1,000 eligible members who continue to reside close to their
ancestral homeland, an area now known as Hoke, Robeson, and
Wilson Counties within the State of North Carolina.
(3) The Tuscarora Nation of the Kau-ta-Noh continues its
political and social existence with a viable tribal government
carrying out many of its governmental functions through its
traditional forms of collective decision making and social
interaction.
(4) In 1989 the Tuscarora Nation of the Kau-ta-Noh
requested in writing that the United States Government, under
the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly
referred to as the ``Indian Reorganization Act of 1934''),
recognize the Tuscarora Nation of the Kau-ta-Noh.
(5) For 8 years the United States Government lost the
request for recognition filed by the Tuscarora Nation of the
Kau-ta-Noh. Although the recognition request was discovered in
1997 by officials of the United States Government within its
own files, no action has been taken by the United States
Government on that recognition request.
SEC. 103. DEFINITIONS.
For the purposes of this title:
(1) The term ``Tribe'' means the Tuscarora Nation of the
Kau-ta-Noh.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``member'' means an individual who is included
on the Tribe's membership roll.
SEC. 104. ESTABLISHMENT OF FEDERAL TRUST RELATIONSHIP.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. All laws and regulations of general application to Indians
or nations, tribes, or bands of Indians that are not inconsistent with
any specific provision of this Act shall be applicable to the Tribe and
its members.
(b) Federal Benefits and Services.--The Tribe and its members shall
be eligible, on or after the date of the enactment of this Act, for all
Federal benefits and services furnished to federally recognized Indian
tribes and their members because of their status as Indians without
regard to the existence of a reservation for the Tribe or the residence
of any member on or near an Indian reservation.
(c) Indian Reorganization Act Applicability.--The Act of June 18,
1934 (25 U.S.C. 461 et seq.) shall be applicable to the Tribe and its
members.
SEC. 105. TRIBAL LANDS.
(a) Lands Taken Into Trust.--Notwithstanding any other provision of
law, if, not later than 2 years after the date of the enactment of this
Act, the Tribe transfers land within the boundaries of Hoke County,
Robeson County, and Wilson County, North Carolina, to the Secretary,
the Secretary shall take such land into trust for the benefit of the
Tribe.
(b) Reservation Established.--Land taken into trust pursuant to
subsection (a) shall be the initial reservation of the Tribe.
SEC. 106. BASE MEMBERSHIP ROLL.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Tribe shall submit to the Secretary a
membership roll consisting of all individuals who are members of the
Tribe. The qualifications for inclusion on the membership roll of the
Tribe shall be determined by the membership clauses in the Tribe's
governing document. Upon completion of the membership roll, the
Secretary shall publish notice of such in the Federal Register. The
Tribe shall ensure that such roll is maintained and kept current.
(b) Future Membership.--The Tribe shall have the right to determine
future membership in the Tribe.
SEC. 107. JURISDICTION.
The reservation established pursuant to this title shall be Indian
Country under exclusive Federal jurisdiction.
SEC. 108. ORGANIZATION OF TRIBE.
(a) Organization and Organic Governing Document.--The Tribe may
organize for its common welfare and adopt an appropriate instrument, in
writing, to govern the affairs of the Tribe when acting in its
governmental capacity. The Tribe shall file with the Secretary of the
Interior a copy of its organic governing document and any amendments
thereto.
(b) New Governing Document or Amendments or Revisions of Interim
Governing Document; Tribal Election.--Not less than 24 months after the
date of the enactment of this Act, the Tribe's governing body may
propose a new governing document or amendments or revisions to the
interim governing document, and the Secretary shall conduct a tribal
election as to the adoption of that proposed document not later than 6
months after the date that the document is transmitted to the
Secretary.
(c) Approval of New Governing Document.--The Secretary shall
approve the new governing document if that document is approved by a
majority of the tribal voters unless the Secretary determines that such
document is in violation of any laws of the United States.
(d) Interim Governing Document Pending Approval.--Until the Tribe
adopts and the Secretary approves a new governing document, the interim
governing document of the Tribe shall be the Tribe's constitution,
known as the Great Law of Peace.
(e) Governing Body Pending Adoption of Final Document.--Until the
Tribe adopts a final governing document, the Tribe's governing body
shall consist of the Tribe's governing body on the date of the
enactment of this Act.
TITLE II--QUTEKCAK NATIVE TRIBE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Qutekcak Native Tribe Recognition
Act''.
SEC. 202. FINDINGS.
The Congress declares and finds the following:
(1) The Qutekcak Native Tribe wishes to continue to
exercise its inherent right to self-determination and self-
governance and to maintain and strengthen its distinct
political, economic, social, and cultural characteristics in
the spirit of its ancestors.
(2) The Qutekcak Native Tribe consists of 257 members who
continue to reside within their ancestral homeland, an area
which includes the lands and waters located within Resurrection
and Aialik Bays within the State of Alaska and an area which
has been traditionally used or owned by the Native people of
Qutekcak and neighboring villages.
(3) The Qutekcak Native Tribe has a tribal government which
has traditionally functioned through time honored
decisionmaking processes which have been reinforced for
centuries by the social acceptance of its members.
SEC. 203. DEFINITIONS.
For the purposes of this title:
(1) The term ``Tribe'' means the Qutekcak Native Tribe.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``member'' means an enrolled member of the
Tribe, as of the date of the enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 204. ESTABLISHMENT OF FEDERAL TRUST RELATIONSHIP.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. All laws and regulations of general application to Alaska
Natives, Alaska Native villages, and Indians or nations, tribes, or
bands of Indians that are not inconsistent with any specific provision
of this title shall be applicable to the Tribe and its members.
(b) Federal Benefits and Services.--The Tribe and its members shall
be eligible, on or after the date of the enactment of this Act, for all
Federal benefits and services furnished to federally recognized Alaska
Native villages and Indian tribes and their members because of their
status as Alaska Natives or Indians without regard to the existence of
a reservation for the Tribe or the residence of any member on or near
an Alaska Native village or Indian reservation.
(c) Indian Reorganization Act Applicability.--The Act of June 18,
1934 (25 U.S.C. 461 et seq.) shall be applicable to the Tribe and its
members.
SEC. 205. BASE MEMBERSHIP ROLL.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Tribe shall submit to the Secretary a
membership roll consisting of all individuals who are members of the
Tribe. The qualifications for inclusion on the membership roll of the
Tribe shall be developed and based upon the membership clauses in the
Tribe's governing document. Upon completion of the membership roll, the
Secretary shall publish notice of such in the Federal Register. The
Tribe shall ensure that such roll is maintained and kept current.
(b) Future Membership.--The Tribe shall have the right to determine
future membership in the Tribe.
SEC. 206. ORGANIZATION OF TRIBE.
(a) Organization and Organic Governing Document.--The Tribe may
organize for its common welfare and adopt an appropriate instrument, in
writing, to govern the affairs of the Tribe when acting in its
governmental capacity. The Tribe shall file with the Secretary of the
Interior a copy of its organic governing document and any amendments
thereto.
(b) New Governing Document or Amendments or Revisions of Interim
Governing Document; Tribal Election.--Not less than 24 months after the
date of the enactment of this Act, the Tribe's governing body may
propose a new governing document or amendments or revisions to the
interim governing document, and the Secretary shall conduct a tribal
election as to the adoption of that proposed document not later than 6
months after the date that the document is transmitted to the
Secretary.
(c) Approval of New Governing Document.--The Secretary shall
approve the new governing document if that document is approved by a
majority of the tribal voters unless the Secretary determines that such
document is in violation of any laws of the United States.
(d) Interim Governing Document Pending Approval.--Until the Tribe
adopts and the Secretary approves a new governing document, the interim
governing document of the Tribe shall be the Tribe's constitution.
(e) Governing Body Pending Adoption of Final Document.--Until the
Tribe adopts a final governing document, the Tribe's governing body
shall consist of the Tribe's governing body on the date of the
enactment of this Act. | TABLE OF CONTENTS:
Title I: Tuscarora Nation of the Kau-ta-noh
Title II: Qutekcak Native Tribe
Title I: Tuscarora Nation of the Kau-ta-Noh
- Tuscarora Nation of the Kau-ta-Noh Recognition Act - Extends Federal recognition to the Tuscarora Nation of the Kau-ta-Noh of North Carolina.
Directs: (1) the Secretary of the Interior to take land within the boundaries of Hoke County, Robeson County, and Wilson County, North Carolina, into trust for the Tuscarora Tribe if the Tribe transfers such land to the Secretary within two years; and (2) that such land be the Tribe's initial reservation.
Requires: (1) the Tribe, not later than 18 months after the enactment of this Act, to submit a membership roll consisting of all individuals who are members of the Tribe; (2) the Secretary, upon the completion of the roll, to publish notice of such in the Federal Register; and (3) the Tribe to ensure that the role is maintained and kept current.
Allows the Tribe to organize for its common welfare and adopt an appropriate instrument, in writing, to govern its affairs when acting in its governmental capacity. Permits the Tribe's governing body, not less than 24 months after enactment, to propose a new governing document or amendments or revisions to the interim governing document, and requires the Secretary to conduct a tribal election as to the adoption of that proposed document not later than six months after that document is transmitted to the Secretary. Provides that, until the Tribe adopts and the Secretary approves a new governing document, the Tribe's interim governing document shall be its constitution.
Title II: Quteckcak Native Tribe
- Qutekcak Native Tribe Recognition Act - Extends Federal recognition to, and sets forth provisions similar to provisions of title I regarding, the Qutekcak Native Tribe of Alaska. | {"src": "billsum_train", "title": "To provide for Federal recognition of the Qutekcak Native Tribe of Alaska and the Tuscarora Nation of the Kau-ta-Noh, and for other purposes."} | 2,521 | 445 | 0.654709 | 2.178669 | 0.698318 | 4.800532 | 5.648936 | 0.912234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Currency Optimization, Innovation,
and National Savings Act''.
SEC. 2. IMPROVING CIRCULATION AND REMOVING BARRIERS TO CIRCULATION OF
$1 COINS.
(a) Duties of the Board of Governors of the Federal Reserve
System.--
(1) Coin sequestration.--
(A) In general.--Not later than 6 months after the
date of enactment of this Act, the Board of Governors
of the Federal Reserve System shall sequester all $1
coins bearing the design common to those $1 coins
minted and issued from 1979-1981 and again in 1999.
(B) Treatment of coins.--Coins sequestered pursuant
to subparagraph (A) shall not be returned to ordinary
circulation or otherwise released form storage
controlled by the Federal Reserve System or an agent of
the Federal Reserve System.
(C) Exception for certain uses.--Notwithstanding
subparagraph (B), coins sequestered pursuant to
subparagraph (A) may be released, at face value and in
bulk quantities--
(i) to dealers in collectible coins; and
(ii) to countries that have adopted the
United States dollar as their base unit of
exchange.
(D) Obsolete coins.--At the end of the 1-year
period beginning on the date of enactment of this Act,
the Secretary of the Treasury shall declare all coins
described under subparagraph (A) to be obsolete, and
such coins--
(i) shall be treated in the same manner as
all other obsolete United States coins; and
(ii) to the extent that such coins remain
in general circulation, shall remain legal
tender.
(2) Quarterly report on $1 coins.--The Board of Governors
of the Federal Reserve System shall issue quarterly reports to
the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on--
(A) the number of coins sequestered pursuant to
paragraph (1)(A);
(B) the number of coins described in paragraph
(1)(A) that remain in general circulation; and
(C) efforts that have been made to reduce the
number of coins described in subparagraphs (A) and (B)
to zero.
(3) Improvement of circulation.--The Board of Governors of
the Federal Reserve System shall--
(A) undertake efforts to improve the circulation
and remove barriers to the circulation of the $1 coin,
other than those coins described under paragraph
(1)(A);
(B) issue a quarterly report to the Committee on
Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of
the Senate on--
(i) what efforts have been made to improve
the circulation of $1 coins and what efforts
are being planned to improve the circulation of
$1 coins;
(ii) the success of such efforts, including
an analysis of such coins held in storage owned
or controlled by the Federal Reserve System and
the number such coins in circulation;
(iii) barriers to the circulation of such
coins, including the availability of such coins
in quantities unmixed with the $1 coins
described in paragraph (1)(A); and
(iv) the extent to which the Federal
Reserve System and any agents of the Federal
Reserve System are unable to meet end-user
requests for delivery of unmixed quantities of
such coins in whatever form such end user
requires, including rolls, disposable tubes, or
volume bags of such coins.
(4) Outreach and education.--The Board of Governors of the
Federal Reserve System shall, within existing programs,
continuously conduct outreach and education programs aimed at
helping each business using or accepting cash to choose the
best mix of $1 coins and banknotes to facilitate transactions
and reduce costs of transactions and of ``cashing out'' at the
end of a transaction period.
(5) Use of $1 coins by foreign countries.--The Board of
Governors of the Federal Reserve System shall work with the
Departments of State and Treasury to ensure that countries that
have adopted the dollar as a base unit of exchange and which
place orders with the Federal Reserve System, or through any
United States financial institution, for supplies of $1
monetary units, are fully briefed before placing each such
order on the durability and longevity of $1 coins in high-
circulation economies when used for transactions of a low
dollar value.
(b) Publicity Requirement.--Section 5112(p)(2) of title 31, United
States Code, is amended by inserting after ``Mint'' the following:
``and the Board of Governors of the Federal Reserve System''.
(c) Report on Implementation.--Not later than the end of the 1-year
period beginning on the date of enactment of this Act, and annually
thereafter, the Comptroller General of the United States and the
Inspectors General of the Federal Reserve System and the Bureau of
Consumer Financial Protection shall each issue a report to the
Committee on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate on steps
being taken by the Board of Governors of the Federal Reserve System to
carry out this Act.
(d) Clarification With Respect to Seigniorage.--The ninth proviso
of section 5136 of title 31, United States Code, is amended by
inserting after ``miscellaneous receipts'' the following: ``, and such
amount shall be included as an estimated receipt of the Government and
a receipt of the Government under paragraphs (6) and (7), respectively,
of section 1105(a) in any budget submitted under such section''.
SEC. 3. SAVING TAXPAYERS FUNDS BY TRANSITIONING TO THE USE OF $1 COINS.
(a) In General.--It is the policy of the United States that after
$1 coins achieve sufficient market penetration such that consumers and
retailers are comfortable using $1 coins and are able to obtain
adequate supplies of $1 coins, $1 coins should replace $1 Federal
Reserve notes as the only $1 monetary unit issued and circulated by the
Federal Reserve System.
(b) Deadline for Placing $1 Federal Reserve Notes Into
Circulation.--Federal Reserve banks may continue to place into
circulation $1 Federal Reserve notes until the earlier of--
(1) the date on which the number of $1 coins placed into
circulation after the date of the enactment of this Act exceeds
600,000,000 annually; and
(2) the date that is 4 years after the date of the
enactment of this Act.
(c) Transition Period.--After the date referred to in subsection
(b), a Federal Reserve bank may not order additional $1 Federal Reserve
notes but may, for a period of one year, continue to place into
circulation $1 Federal Reserve notes on hand or those deposited with
it, except for notes described in subsection (d).
(d) Removal of Unfit Currency.--After the date referred to in
subparagraph (b), a Federal Reserve bank shall continue to remove unfit
currency from circulation, and shall continue to destroy such currency.
(e) Exception.--Notwithstanding subsections (b) and (c), the Board
of Governors of the Federal Reserve System shall produce such Federal
Reserve notes of $1 denomination as the Board of Governors determines
from time to time are appropriate solely to meet the needs of
collectors of that denomination. Such notes shall be issued by 1 or
more Federal Reserve banks in accordance with section 16 of the Federal
Reserve Act and sold by the Board of Governors, in whole or in part,
under procedures prescribed by the Board of Governors.
(f) No Effect on Legal Tender.--Notwithstanding any other
subsection of this section, $1 Federal Reserve notes are legal tender
in the United States for all debts, public and private, public charges,
taxes, and duties, regardless of the date of printing or issue. | Currency Optimization, Innovation, and National Savings Act - Requires the Board of Governors of the Federal Reserve System (Federal Reserve Board) to sequester all $1 coins bearing the design common to those $1 coins minted and issued from 1979-1981 and again in 1999.
Allows the release of such sequestered coins to collectible coin dealers and countries that have adopted the U.S. dollar as their base unit of exchange.
Directs the Federal Reserve Board to: (1) undertake efforts to improve, and remove barriers to, the circulation of all other $1 coins; and (2) work with the U.S. Mint, consumer groups, media outlets, and schools to publicize the Presidential $1 Coin Program.
Declares it is U.S. policy that after consumers and retailers are comfortable using and able to obtain adequate supplies of $1 coins, such $1 coins should replace $1 Federal Reserve notes as the only $1 monetary unit issued and circulated by the Federal Reserve System. | {"src": "billsum_train", "title": "A bill to improve the circulation of $1 coins, to remove barrier to the circulation of such coins, and for other purposes."} | 1,711 | 208 | 0.587812 | 1.593759 | 0.879597 | 5.074468 | 8.526596 | 0.925532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Litigation Savings Act''.
SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.
(a) Agency Proceedings.--
(1) Eligibility parties; attorney fees.--Section 504 of
title 5, United States Code, is amended--
(A) in subsection (a)(1), by inserting after
``prevailing party'' the following: ``who has a direct
and personal monetary interest in the adjudication,
including because of personal injury, property damage,
or unpaid agency disbursement,''; and
(B) in subsection (b)(1)--
(i) in subparagraph (A)(ii), by striking
``$125 per hour'' and all that follows through
``a higher fee'' and inserting ``$175 per
hour''; and
(ii) in subparagraph (B), by striking ``;
except that'' and all that follows through
``section 601''.
(2) Reduction or denial of awards.--Section 504(a)(3) of
title 5, United States Code, is amended in the first sentence--
(A) by striking ``may reduce the amount to be
awarded, or deny an award,'' and inserting ``shall
reduce the amount to be awarded, or deny an award,
commensurate with pro bono hours and related fees and
expenses, or'';
(B) by striking ``unduly and''; and
(C) by striking ``controversy.'' and inserting
``controversy or acted in an obdurate, dilatory,
mendacious, or oppressive manner, or in bad faith.''.
(3) Limitation on awards.--Section 504(a) of title 5,
United States Code, is amended by adding at the end the
following:
``(5) A party may not receive an award of fees and other expenses
under this section--
``(A) in excess of $200,000 in any single adversary
adjudication, or
``(B) for more than 3 adversary adjudications initiated in
the same calendar year,
unless the adjudicative officer of the agency determines that an award
exceeding such limits is required to avoid severe and unjust harm to
the prevailing party.''.
(4) Reporting in agency adjudications.--Section 504 of such
title is amended--
(A) in subsection (c)(1), by striking ``, United
States Code''; and
(B) by striking subsection (e) and inserting the
following:
``(e)(1) The Chairman of the Administrative Conference of the
United States shall issue an annual, online report to the Congress on
the amount of fees and other expenses awarded during the preceding
fiscal year pursuant to this section. The report shall describe the
number, nature, and amount of the awards, the nature of and claims
involved in each controversy (including the law under which the
controversy arose), and any other relevant information that may aid the
Congress in evaluating the scope and impact of such awards. The report
shall be made available to the public online, and contain a searchable
database of the total awards given, and the total number of
applications for the award of fees and other expenses that were filed,
defended, and heard, and shall include, with respect to each such
application, the following:
``(A) The name of the party seeking the award of fees and
other expenses.
``(B) The agency to which the application for the award was
made.
``(C) The names of the administrative law judges in the
adversary adjudication that is the subject of the application.
``(D) The disposition of the application, including any
appeal of action taken on the application.
``(E) The amount of each award.
``(F) The hourly rates of expert witnesses stated in the
application that was awarded.
``(G) With respect to each award of fees and other
expenses, the basis for the finding that the position of the
agency concerned was not substantially justified.
``(2)(A) The report under paragraph (1) shall cover payments of
fees and other expenses under this section that are made pursuant to a
settlement agreement, regardless of whether the settlement agreement is
otherwise subject to nondisclosure provisions.
``(B) The disclosure of fees and other expenses required under
subparagraph (A) does not affect any other information that is subject
to nondisclosure provisions in the settlement agreement.''.
(5) Adjustment of attorney fees.--Section 504 of such title
is amended by adding at the end the following:
``(g) The Director of the Office of Management and Budget may
adjust the maximum hourly fee set forth in subsection (b)(1)(A)(ii) for
the fiscal year beginning October 1, 2012, and for each fiscal year
thereafter, to reflect changes in the Consumer Price Index, as
determined by the Secretary of Labor.''.
(b) Court Cases.--
(1) Eligibility parties; attorney fees; limitation on
awards.--Section 2412(d) of title 28, United States Code, is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``in any civil
action'' and all that follows through
``jurisdiction of that action'' and
inserting ``in the civil action''; and
(II) by striking ``shall award to a
prevailing party other than the United
States'' and inserting the following:
``, in any civil action (other than
cases sounding in tort), including
proceedings for judicial review of
agency action, brought by or against
the United States in any court having
jurisdiction of that action, shall
award to a prevailing party who has a
direct and personal monetary interest
in the civil action, including because
of personal injury, property damage, or
unpaid agency disbursement, other than
the United States,''; and
(ii) by adding at the end the following:
``(E) An individual or entity may not receive an award of fees and
other expenses under this subsection in excess of--
``(i) $200,000 in any single civil action, or
``(ii) for more than 3 civil actions initiated in the same
calendar year,
unless the presiding judge determines that an award exceeding such
limits is required to avoid severe and unjust harm to the prevailing
party.''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking
``$125 per hour'' and all that follows through
``a higher fee'' and inserting ``$175 per
hour''; and
(ii) in subparagraph (B), by striking ``;
except that'' and all that follows through
``section 601''.
(2) Reduction or denial of awards.--Section 2412(d)(1)(C)
of title 28, United States Code, is amended--
(A) by striking ``, in its discretion, may reduce
the amount to be awarded pursuant to this subsection,
or deny an award,'' and inserting ``shall reduce the
amount to be awarded under this subsection, or deny an
award, commensurate with pro bono hours and related
fees and expenses, or'';
(B) by striking ``unduly and''; and
(C) by striking ``controversy.'' and inserting
``controversy or acted in an obdurate, dilatory,
mendacious, or oppressive manner, or in bad faith.''.
(3) Adjustment of attorney fees.--Section 2412(d) of title
28, United States Code, is amended by adding at the end the
following:
``(5) The Director of the Office of Management and Budget may
adjust the maximum hourly fee set forth in paragraph (2)(A)(ii) for the
fiscal year beginning October 1, 2012, and for each fiscal year
thereafter, to reflect changes in the Consumer Price Index, as
determined by the Secretary of Labor.''.
(4) Reporting.--Section 2412(d) of title 28, United States
Code, is further amended by adding at the end the following:
``(6)(A) The Chairman of the Administrative Conference of the
United States shall issue an annual, online report to the Congress on
the amount of fees and other expenses awarded during the preceding
fiscal year pursuant to this subsection. The report shall describe the
number, nature, and amount of the awards, the nature of and claims
involved in each controversy (including the law under which the
controversy arose), and any other relevant information that may aid the
Congress in evaluating the scope and impact of such awards. The report
shall be made available to the public online and shall contain a
searchable database of total awards given and the total number of cases
filed, defended, or heard, and shall include with respect to each such
case the following:
``(i) The name of the party seeking the award of fees and
other expenses in the case.
``(ii) The district court hearing the case.
``(iii) The names of the presiding judges in the case.
``(iv) The agency involved in the case.
``(v) The disposition of the application for fees and other
expenses, including any appeal of action taken on the
application.
``(vi) The amount of each award.
``(vii) The hourly rates of expert witnesses stated in the
application that was awarded.
``(viii) With respect to each award of fees and other
expenses, the basis for the finding that the position of the
agency concerned was not substantially justified.
``(B)(i) The report under subparagraph (A) shall cover payments of
fees and other expenses under this subsection that are made pursuant to
a settlement agreement, regardless of whether the settlement agreement
is otherwise subject to nondisclosure provisions.
``(ii) The disclosure of fees and other expenses required under
clause (i) does not affect any other information that is subject to
nondisclosure provisions in the settlement agreement.
``(C) The Chairman of the Administrative Conference shall include
in the annual report under subparagraph (A), for each case in which an
award of fees and other expenses is included in the report--
``(i) any amounts paid from section 1304 of title 31 for a
judgment in the case;
``(ii) the amount of the award of fees and other expenses;
and
``(iii) the statute under which the plaintiff filed suit.
``(D) The Attorney General of the United States shall provide to
the Chairman of the Administrative Conference of the United States such
information as the Chairman requests to carry out this paragraph.''.
(c) Effective Date.--
(1) Modifications to procedures.--The amendments made by--
(A) paragraphs (1), (2), and (3) of subsection (a)
shall apply with respect to adversary adjudications
commenced on or after the date of the enactment of this
Act; and
(B) paragraphs (1) and (2) of subsection (b) shall
apply with respect to civil actions commenced on or
after such date of enactment.
(2) Reporting.--The amendments made by paragraphs (4) and
(5) of subsection (a) and by paragraphs (3) and (4) of
subsection (b) shall take effect on the date of the enactment
of this Act.
SEC. 3. GAO STUDY.
Not later than 30 days after the date of the enactment of this Act,
the Comptroller General shall commence an audit of the implementation
of the Equal Access to Justice Act for the years 1995 through the end
of the calendar year in which this Act is enacted. The Comptroller
General shall, not later than 1 year after the end of the calendar year
in which this Act is enacted, complete such audit and submit to the
Congress a report on the results of the audit. | Government Litigation Savings Act - Revises provisions of the Equal Access to Justice Act (EAJA) and the federal judicial code relating to the fees and other expenses of parties in agency proceedings and court cases against the federal government to: (1) restrict awards of fees and other expenses under such Act to prevailing parties with a direct and personal monetary interest in an adjudication, including because of personal injury, property damage, or an unpaid agency disbursement; (2) require the reduction or denial of awards commensurate with pro bono hours and related fees and expenses to parties who have acted in an obdurate, dilatory, mendacious, or oppressive manner or in bad faith; (3) limit awards to not more than $200,000 in any single adversary adjudication or for more than three adversary adjudications in the same calendar year (unless the adjudicating officer or judge determines that a higher award is required to avoid severe and unjust harm to the prevailing party); and (4) expand the reporting requirements of the Chairman of the Administrative Conference of the United States with respect to fees and other expenses awarded to prevailing parties during the preceding fiscal year.
Requires the Comptroller General to audit the implementation of EAJA for the years 1995 through the end of the calendar year in which this Act is enacted. | {"src": "billsum_train", "title": "A bill to amend title 5 and 28, United States Code, with respect to the award of fees and other expenses in cases brought against agencies of the United States, to require the Administrative Conference of the United States to compile, and make publically available, certain data relating to the Equal Access to Justice Act, and for other purposes."} | 2,663 | 298 | 0.675516 | 2.187664 | 0.846008 | 4.265306 | 10.163265 | 0.934694 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lyme Disease Prevention, Control,
and Research Amendments of 1993''.
SEC. 2. ESTABLISHMENT OF PROGRAMS FOR PREVENTION AND CONTROL OF LYME
DISEASE.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.),
as amended by section 308 of Public Law 102-531 (106 Stat. 3495), is
amended by inserting after section 317D the following section:
``prevention and control of lyme disease
``Sec. 317E. (a) General Program.--
``(1) Program of grants.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
make grants to public and nonprofit private entities for the
purpose of carrying out programs for the prevention, control,
and treatment of Lyme disease.
``(2) Preferences in making grants.--In making grants under
paragraph (1), the Secretary shall give preference to public
and nonprofit private entities that agree to carry out the
purposes for which the grant is made in 1 or more States for
which, as of calendar year 1990--
``(A) a cumulative total of not less than 500 cases
of Lyme disease was reported to and confirmed by the
Director of the Centers for Disease Control and
Prevention; or
``(B) the cumulative per capita incidence of cases
of such disease (reported to and confirmed by such
Director) was not less than 5 cases per 100,000
individuals.
``(3) Priorities among authorized purposes.--In making
grants under paragraph (1), the Secretary shall give priority
to making grants for the following:
``(A) The development and evaluation of strategies
for the prevention and control of Lyme disease
(including, with respect to the tick that carries the
etiologic agent for the disease, strategies to manage
deer and other means through which the tick is
introduced into areas frequented by humans).
``(B) Demonstration projects (administered by State
or local departments of health) to improve methods of
estimating the incidence and prevalence of such
disease, including projects involving the reporting by
physicians of cases of the disease.
``(C) Demonstration projects for the control of the
disease in communities with a substantial incidence or
prevalence of the disease.
``(D) Studies to determine the effects of the
disease on the individual and on society, including the
economic costs of the disease.
``(E) The improvement of diagnostic tests for the
disease.
``(F) The provision of information and education to
health care professionals and the public.
``(G) Demonstration projects for treating children
for such disease.
``(b) National Research Centers for Prevention, Control, and
Treatment.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
make awards of grants or contracts to public and nonprofit
private entities for the establishment or operation (or both)
of not more than 5 centers to carry out basic and clinical
research on the prevention, control, and treatment of Lyme
disease.
``(2) Preferences in making awards.--In making awards under
paragraph (1) for a center, the Secretary shall give preference
to an applicant according to the extent to which the following
applies to the applicant:
``(A) The applicant is experienced in conducting
research on the prevention, control, and treatment of
Lyme disease.
``(B) The center is or will be located in a State
described in subsection (a)(2).
``(C) The center is or will be located in a
geographic area in which individuals are employed in
occupations involving a significant risk of contracting
Lyme disease.
``(D) The applicant has diagnosed not less than 150
cases of such disease.
``(E) The applicant has cultured the etiologic
agent for Lyme disease in mediums from vectors, from
animals, and from humans.
``(3) Priorities among activities of centers.--The
Secretary may make an award under paragraph (1) only if the
applicant involved agrees that the center for which the award
is made will give priority to the following:
``(A) Conducting research on new treatments for
Lyme disease.
``(B) Conducting research on the development of a
vaccine to immunize individuals against the disease.
``(C) Conducting studies of the latter stages of
such disease.
``(D) Conducting epidemiological studies of such
disease in particular populations of individuals.
``(4) Amount of award.--The Secretary may not make an award
under paragraph (1) in an amount less than $500,000.
``(c) Application for Assistance.--The Secretary may make an award
of a grant or contract under subsection (a) or (b) only if an
application for the award is submitted to the Secretary and the
application is in such form, is made in such manner, and contains such
agreements, assurances, and information as the Secretary determines to
be necessary to carry out such subsection.
``(d) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $4,000,000 for fiscal year 1994, and such sums as
may be necessary for each of the fiscal years 1995 and 1996.
Such authorization of appropriations is in addition to any
other authorization of appropriations that is available for
such purpose.
``(2) Allocations.--Of the amounts appropriated under
paragraph (1) for a fiscal year, the Secretary shall make
available 40 percent for carrying out subsection (a) and 60
percent for carrying out subsection (b).''. | Lyme Disease Prevention, Control, and Research Amendments of 1993 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to make: (1) grants to public and private nonprofit entities for the prevention, control, and treatment of Lyme disease; and (2) grants to, or contracts with, such entities for the establishment and/or operation of up to five centers to carry out basic and clinical research on the prevention, control, and treatment of Lyme disease. Sets forth preferences and priorities for such grants and contracts.
Authorizes and allocates appropriations. | {"src": "billsum_train", "title": "Lyme Disease Prevention, Control, and Research Amendments of 1993"} | 1,243 | 137 | 0.575192 | 1.497785 | 0.637935 | 4.314961 | 9.440945 | 0.897638 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Learning Opportunities With Creation
of Open Source Textbooks (LOW COST) Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The College Board reported that for the 2007 through
2008 academic years each student spent an estimated $805 to
$1,229 on college books and supplies depending on the type of
institution of higher education a student attended.
(2) The gross margin on new college textbooks is currently
22.7 percent according to the National Association of College
Stores.
(3) In a recent study, the Government Accountability Office
found that college textbook prices have risen at twice the rate
of annual inflation over the last two decades.
(4) An open source material project that would make high
quality educational materials freely available to the general
public would drop college textbook costs and increase
accessibility to such education materials.
(5) College-level open source course work materials in
math, physics, and chemistry represent a high-priority first
step in this area.
(6) The scientific and technical workforce at Federal
agencies, national laboratories, and federally supported
university-based research programs could make a valuable
contribution to this effort.
(7) A Federal oversight role in the creation and
maintenance of standard, publicly vetted textbooks is desirable
to ensure that intellectual property is respected and that
public standards for quality, educational effectiveness, and
scientific accuracy are maintained.
SEC. 3. OPEN SOURCE MATERIAL REQUIREMENT FOR FEDERAL AGENCIES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the head of each agency that expends more than
$10,000,000 in a fiscal year on scientific education and outreach shall
use at least 2 percent of such funds for the collaboration on the
development and implementation of open source materials as an
educational outreach effort in accordance with subsection (b).
(b) Requirements.--The head of each agency described in subsection
(a) shall, under the joint guidance of the Director of the National
Science Foundation and the Secretary of Energy, collaborate with the
heads of any of the agencies described in such subsection or any
federally supported laboratory or university-based research program to
develop, implement, and establish procedures for checking the veracity,
accuracy, and educational effectiveness of open source materials that--
(1) contain, at minimum, a comprehensive set of textbooks
or other educational materials covering topics in college-level
physics, chemistry, or math;
(2) are posted on the Federal Open Source Material Website;
(3) are updated prior to each academic year with the latest
research and information on the topics covered in the textbooks
or other educational materials available on the Federal Open
Source Material Website; and
(4) are free of copyright violations.
SEC. 4. GRANT PROGRAM.
(a) Grants Authorized.--From the amounts appropriated under
subsection (d), the Director and the Secretary shall jointly award
grants to eligible entities to produce open source materials in
accordance with subsection (c).
(b) Application.--To receive a grant under this section, an
eligible entity shall submit an application to the Director and the
Secretary at such time, in such manner, and containing such information
as the Director and Secretary may require.
(c) Uses of Grant.--An eligible entity that receives a grant under
this section shall use such funds--
(1) to develop and implement open source materials that
contain educational materials covering topics in college-level
physics, chemistry, or math; and
(2) to evaluate the open sources materials produced with
the grant funds awarded under this section and to submit a
report containing such evaluation to the Director and
Secretary.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $15,000,000 to carry out this section for fiscal year 2010
and such sums as necessary for each succeeding fiscal year.
SEC. 5. REGULATIONS.
The Director and the Secretary shall jointly prescribe regulations
necessary to implement this Act, including redistribution and
attribution standards for open source materials produced under this
Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Eligible entity.--The term ``eligible entity'' means an
institution of higher education, nonprofit or for-profit
organization, Federal agency, or any other organization that
produces the open source materials described in section 4(c).
(3) Federal open source material website.--The phrase
``Federal Open Source Material Website'' means the website
where the head of each agency described in section 3 shall post
the open source materials pursuant to such section, which shall
be made available free of charge to, and may be downloaded,
redistributed, changed, revised or otherwise altered by, any
member of the general public.
(4) Institution of higher education.--The term
``institution of higher education'' means an institution of
higher education as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(5) Open source materials.--The term ``open source
materials'' means materials that are posted on a website that
is available free of charge to, and may be downloaded,
redistributed changed, revised or otherwise altered by, any
member of the general public.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy. | Learning Opportunities With Creation of Open Source Textbooks (LOW COST) Act of 2009 - Requires each federal agency that expends more than $10 million in a fiscal year on scientific education and outreach to use at least 2% of such funds for collaboration on the development and implementation of open source materials as an educational outreach effort.
Directs such agencies, under the joint guidance of the Director of the National Science Foundation (NSF) and the Secretary of Energy (DOE), to collaborate with each other or with any federally supported laboratory or university-based research program to develop, implement, and establish procedures for checking the veracity, accuracy, and educational effectiveness of open source materials that: (1) contain a comprehensive set of textbooks or other educational materials covering topics in college-level physics, chemistry, or math; (2) such agencies post on a Federal Open Source Material Website, which shall be available to the public without charge; (3) are updated prior to each academic year with the latest research and information ; and (4) are free of copyright violations.
Requires the Director and the Secretary to award joint grants to eligible entities to: (1) develop and implement such open source materials; and (2) evaluate and report to the Director and Secretary on the materials produced. | {"src": "billsum_train", "title": "To require Federal agencies to collaborate in the development of freely-available open source educational materials in college-level physics, chemistry, and math, and for other purposes."} | 1,169 | 264 | 0.680753 | 2.225841 | 0.9362 | 5.98419 | 4.44664 | 0.964427 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prosthetic Limb Access Act of
1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) over 10,000,000 people in the world are amputees, and
each year more than 250,000 people become amputees;
(2) thousands of citizens of the United States depend on
the availability of prosthetic devices in order to function
fully in contemporary society;
(3) a sizable number of amputees are unable to afford
adequate prosthetic care;
(4) used prosthetic devices could be recycled for reuse by
amputees in the United States, but, because of the potential
liability of providers of those prosthetic devices, the
prosthetic devices are shipped to Third World countries;
(5) making recycled prosthetic devices available to
economically disadvantaged amputees would enable those amputees
to live more comfortably and function fully;
(6) nonprofit organizations would be uniquely suited to
provided recycled prosthetic devices to amputees, if they could
be enabled to do so in a cost-efficient manner;
(7) in order to enable nonprofit organizations to provide
recycled prosthetic devices to amputees in a cost-efficient
manner, immediate action is needed to--
(A) limit the liability of nonprofit organizations
in serving as providers of recycled prosthetic devices;
and
(B) minimize the cost of litigation against those
providers by establishing expeditious procedures to
dispose of unwarranted actions.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Claimant.--
(A) In general.--The term ``claimant'' means any
person who brings a civil action, or on whose behalf
such action is brought, arising from harm allegedly
caused directly or indirectly by a recycled prosthetic
device.
(B) Action brought on behalf of an estate.--With
respect to an action arising from harm caused directly
or indirectly by a recycled prosthetic device brought
on behalf of or through the estate of an individual,
such term includes the decedent that is the subject of
the action.
(2) Harm.--With respect to harm caused by a recycled
prosthetic device, the term ``harm'' includes any physical
injury, illness, disease, or death or damage to property caused
by that prosthetic device.
(3) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is--
(A) described in section 501(c) of the Internal
Revenue Code of 1986; and
(B) exempt from taxation under section 501(a) of
such Code.
(4) Nonprofit provider.--The term ``nonprofit provider''
means an organization that is--
(A) described in section 501(c) of the Internal
Revenue Code of 1986 and is exempt from taxation under
section 501(a) of such Code; and
(B) established for the purpose of providing
prosthetic devices to economically disadvantaged
individuals.
(5) Practitioner.--The term ``practitioner'' means a health
care professional associated with, employed by, under contract
with, or representing a nonprofit provider who--
(A) is required to be licensed, registered or
certified under an applicable Federal or State law
(including any applicable regulation) to provide health
care services; or
(B) is certified to provide health care pursuant to
a program of education, training, and examination by an
accredited institution, professional board, or
professional organization.
(6) Prosthetic device.--The term ``prosthetic device''
means a mechanical or other apparatus used as an artificial
limb for amputees.
(7) Recycled prosthetic device.--The term ``recycled
prosthetic device'' means a previously used prosthetic device
that--
(A) has been reconditioned for use by a different
amputee;
(B) other than as provided under subparagraph (C),
has not been materially altered; and
(C) if altered, has been altered only with respect
to the socket, frame, or any additional materials used
to attach the prosthetic device to the amputee.
SEC. 4. APPLICABILITY; PREEMPTION.
(a) Applicability.--Notwithstanding any other provision of law,
this Act applies to any civil action brought by a claimant in a Federal
or State court against a nonprofit provider or practitioner for harm
allegedly caused by a recycled prosthetic device or against a nonprofit
organization that made a referral to a provider or practitioner that
involved a recycled prosthetic device that allegedly caused harm.
(b) Preemption.--
(1) In general.--This Act supersedes any State law
(including any rule of procedure) applicable to the recovery of
damages in an action brought against a nonprofit provider or
practitioner for harm caused by a recycled prosthetic device or
against a nonprofit organization described in subsection (a)
for such harm.
(2) Other issues.--Any issue that is not covered by this
Act shall be governed by applicable Federal or State law.
SEC. 5. LIMITATION OF LIABILITY OF NONPROFIT PROVIDERS, PRACTITIONERS,
AND NONPROFIT ORGANIZATIONS THAT MAKE A REFERRAL.
(a) In General.--Except as provided in paragraph (2), a nonprofit
provider or practitioner or a nonprofit organization described in
section 4(a) shall not be liable for harm to a claimant caused by a
recycled prosthetic device.
(b) Exception.--A court shall find a nonprofit provider or
practitioner or a nonprofit organization described in section 4(a)
liable for harm caused by a recycled prosthetic device only if the
claimant establishes that the nonprofit provider or practitioner or
nonprofit organization described in section 4(a) engaged in an
intentional wrongdoing (as determined under applicable State law) that
was the proximate cause of such harm.
SEC. 6. PROCEDURES FOR DISMISSAL OF CIVIL ACTIONS AGAINST NONPROFIT
PROVIDERS, PRACTITIONERS, AND NONPROFIT ORGANIZATIONS
THAT MAKE A REFERRAL.
In any action that is subject to this Act, a nonprofit provider or
practitioner or a nonprofit organization described in section 4(a) who
is a defendant in such action, may, at any time during which a motion
to dismiss may be filed under applicable Federal or State law, move to
dismiss the action. | Prosthetic Limb Access Act of 1996 - Shields certain nonprofit providers, practitioners (health care professionals associated with such provider), or nonprofit organizations from liability for harm to a claimant caused by a recycled prosthetic device, except in cases of intentional wrongdoing that was the proximate cause of the harm.
Makes this Act applicable to any civil action brought by a claimant in a Federal or State court against a nonprofit provider or practitioner for harm allegedly caused by a recycled prosthetic device or against a nonprofit organization that made a referral to a provider or practitioner that involved such a device that allegedly caused harm.
Sets forth provisions regarding: (1) preemption; and (2) procedures for dismissal of civil actions. | {"src": "billsum_train", "title": "Prosthetic Limb Access Act of 1996"} | 1,425 | 161 | 0.635984 | 1.882035 | 0.918414 | 5.548148 | 9.111111 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Students College, Career, and
Community Readiness Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) roughly 1 in 4 public schools are located in rural
America, accounting for 14.5 percent of total public school
enrollment;
(2) rural boys and girls demonstrate lower educational
aspirations than their urban and suburban peers;
(3) fewer than 1 in 7 rural residents have obtained a 4-
year baccalaureate degree, compared with nearly 1 in 4
metropolitan area residents;
(4) roughly half of rural secondary school students live in
counties that have no 4-year institutions of higher education;
(5) there are major gaps in substantive research about
effective rural education strategies;
(6) rural economic development is a continuing effort
supported by the Federal Government, and rural schools can be
important engines for economic development and long-term
community and regional growth;
(7) one of the best ways to address the needs of students
in rural communities is to help young people finish secondary
school and attend college by providing programs that promote
higher education throughout childhood and adolescence, and
supporting programs that expose young people to the world of
careers; and
(8) effective rural policy requires an emphasis on the
development of human capital through education.
SEC. 3. PURPOSES.
The purpose of this Act is to conduct a demonstration project to
improve the educational and career outcomes of rural, low-income
students in grades 7 through 12 that will seek to--
(1) improve the academic motivation and performance of
rural students;
(2) improve student academic success in rural schools,
including with respect to performance on statewide assessments;
(3) improve secondary school graduation rates in rural
schools;
(4) increase the number of rural students engaged in
rigorous, college-preparatory coursework;
(5) increase the number of rural students taking college
entrance examinations, such as the SATs or ACTs;
(6) increase the rates among rural students of application
to institutions of higher education, enrollment in such
institutions, and institution of higher education program
completion;
(7) prepare rural students to become the next generation of
leaders in their States and communities;
(8) complement Federal and State efforts to build the State
and local workforce and economy; and
(9) increase the number of people within rural communities
who are able to meet the workforce needs of the local community
and enhance the State, local, and regional economies.
SEC. 4. DEMONSTRATION PROJECTS.
(a) Grants Authorized.--From amounts appropriated under section 9,
the Secretary shall award grants to not more than 2 non-profit entities
to enable the entities to carry out the activities described in section
5 in rural schools and rural local educational agencies.
(b) Application.--A non-profit entity desiring 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 require.
(c) Selection Basis.--In awarding grants under this Act, the
Secretary shall give priority to a non-profit entity that has--
(1) existing capacity to implement program elements with
the rigor called for in this Act;
(2) history and experience in working with rural schools
and supporting student achievement goals;
(3) organizational capacity to successfully implement the
demonstration project; and
(4) capacity and commitment to serve rural schools that
have student populations with historically low rates of
secondary school graduation, institution of higher education
enrollment, or institution of higher education program
completion.
(d) Amount and Duration of Grants.--
(1) Amount; duration.--Each grant awarded by the Secretary
under this Act shall be in an amount of not less than
$2,500,000 for each fiscal year of the grant period, and shall
be awarded for a period of 6 years, in order to enable cohorts
of students in grade 7 to participate in the demonstration
project under this Act for 6 consecutive years in the grant.
(2) Use of grant funds for evaluation.--Notwithstanding
paragraph (1), a non-profit entity receiving a grant under this
Act may use remaining grant funds after the grant period has
expired in order to carry out the evaluation required under
section 6 during the 3-year period immediately following the
last year of the grant period.
SEC. 5. PROGRAM OPERATIONS.
(a) Program Authorized.--A non-profit entity receiving a grant
under this Act shall develop and carry out a rural school-based,
institution of higher education preparation and career exploration
demonstration project through which the non-profit entity shall--
(1)(A) in the case of an entity receiving a grant of
$5,000,000 or more per year--
(i) serve a minimum of 40 rural schools and 7,500
students; and
(ii) serve rural schools in not fewer than 3
geographic regions of the United States (such as the
Southwest, Midwest, Southeast, Northeast, or Northwest
regions); or
(B) in the case of an entity receiving a grant of less than
$5,000,000 per year--
(i) serve a minimum of 20 rural schools and 3,000
students; and
(ii) serve rural schools in not fewer than 2 such
geographic regions;
(2) in selecting rural schools to participate in the
project--
(A) collectively reach diverse racial and ethnic
student populations; and
(B) ensure a sufficient participation of students
in both grade 7 and grade 9 cohorts, as described in
paragraph (4), in order to allow for a full measure of
the project's impact as both a 6-year program and a 4-
year program;
(3) partner with rural local educational agencies and rural
schools to carry out the activities under this subsection, and
enter into a written agreement with each participating local
educational agency or rural school in which--
(A) the entity agrees to carry out the activities
described in paragraph (5) for the cohorts described in
paragraph (4) at the identified rural school; and
(B) the rural local educational agency or rural
school agrees--
(i) to allow the entity access to students
in the cohorts during the school day for the
purposes of administering the demonstration
project; and
(ii) to cooperate in the project
evaluation, including the collection and
sharing of data; and
(4) for each rural school with which the entity enters into
a written agreement--
(A) identify the cohort of students who will be
entering grade 7 in the first year of the grant under
this Act, and serves such students for 6 consecutive
years; or
(B) identify the cohort of students who will be
entering grade 9 in the first year of the grant under
this Act, and serves such students for 4 consecutive
years;
(5) provide participating students in a cohort at a
partnering rural school with a program that--
(A) includes approximately 25 hours per grade of
program workshops during the school day over the course
of grades 7 through 12 or, in the case of a grade 9
cohort, grades 9 through 12, to provide services
including--
(i) providing education planning to the
students;
(ii) providing information for the students
about the opportunities for and the importance
of higher education and postsecondary training;
(iii) developing career awareness in the
students;
(iv) building the students' career,
leadership, and life skills;
(v) building awareness in the students of
the State's future labor needs and the
importance of young people to the State's
economy, and coordinating with the State's
efforts to develop the State's workforce and
economy; and
(vi) creating awareness in the students of
local businesses and integrating expertise from
local business and nonprofit providers into the
program, as appropriate;
(B) reaches all students in the cohort who are
participating in the demonstration project; and
(C) is implemented consistently across all
participating rural school sites; and
(6) evaluates the project, as described in section 6.
(b) Staff.--A non-profit entity receiving a grant under this Act
shall hire, train, and employ personnel to administer and deliver the
demonstration project. These individuals shall function as employees of
the nonprofit entity but shall coordinate with the partnering rural
schools and rural local educational agencies in the delivery of the
program, consistent with the applicable agreements described in
subsection (a)(3).
SEC. 6. EVALUATION.
(a) In General.--A non-profit entity receiving a grant under this
Act shall use a portion of grant funds to award a contract, on a
competitive basis, to a third-party evaluator to enable the evaluator--
(1) to rigorously evaluate the impact of the entity's
demonstration project under this Act in accordance with
subsection (d); and
(2) to submit the annual evaluation required under
subsection (e).
(b) Competitive Basis and Preference.--The non-profit entity shall
select the evaluator for a contract under this section by a competitive
process, with a preference given to evaluators using evaluation models
that utilize experimental design methodology.
(c) Approval by the Secretary.--The Secretary or the Secretary's
designee shall approve the evaluator selected by the non-profit entity
before the entity enters into a contract with the evaluator.
(d) Content of Evaluation.--An evaluator receiving a contract for a
demonstration project under this Act shall perform an evaluation of the
project that--
(1) follows rigorous standards of third-party evaluation in
determining the effects of the demonstration project under this
Act on--
(A) the rigor of secondary school course-taking the
rigor of secondary school courses taken by
participating students;
(B) the performance of participating students on
statewide assessments;
(C) the engagement of participating students in
school, including attendance rates, discipline data,
and grades;
(D) the rates of participating students taking
college entrance examinations, such as the SAT or ACT;
(E) the career aspirations of participating
students;
(F) the rates of participating students enrolling
in career and technical education courses, dual
enrollment courses, advanced placement courses, or
other related programs;
(G) the secondary school graduation rates of
participating students;
(H) the rates among participating students of
institution of higher education application,
enrollment, and program completion; and
(I) the participating students' awareness of State
economic indicators and workforce needs; and
(2) follows a rigorous model so that findings regarding the
program outcomes meet standards of scientifically-based
research, as defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801); and
(3) addresses the scalability and replicability of the
program model with respect to other rural areas, including--
(A) the identification of elements that are
integral to program effectiveness;
(B) efficacy in use of Federal funds; and
(C) the impact of coordination with State workforce
development efforts.
(e) Annual Evaluation Report.--An evaluator receiving a contract
under this section shall submit an annual evaluation on the progress of
the program to the Secretary.
SEC. 7. REPORTS.
(a) Annual Reports.--A non-profit entity receiving a grant under
this Act shall submit an annual report on the progress of the
demonstration project to the Secretary for each year of the grant
period.
(b) Reports to Congress.--
(1) Interim report.--Not later than 18 months after amounts
are appropriated under this Act, the Secretary shall submit to
Congress an interim report on the progress of the demonstration
projects funded under this Act that includes the outcome
measures described in section 6(d)(1).
(2) Final report.--Not later than 90 days after the last
day of the grant period for all grants under this Act, the
Secretary shall submit to Congress a final report on the
results of the program, which report shall include--
(A) the outcome measures described in section
6(d)(1); and
(B) recommendations for such legislative or
administrative action as the Secretary determines
appropriate.
SEC. 8. DEFINITIONS.
In this Act:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Rural local educational agency.--The term ``rural local
educational agency'' means a local educational agency that
meets--
(A) the eligibility requirements under section
6211(b) (20 U.S.C. 7345(b)) for participation in the
program described in subpart 1 of part B of title VI of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7345 et seq.); or
(B) the eligibility requirements under section
6221(b) (20 U.S.C. 7351(b)) for participation in the
program described in subpart 2 of part B of such title
VI (20 U.S.C. 7351 et seq.).
(3) Rural school.--The term ``rural school'' means a school
served by a rural local educational agency.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$10,000,000 for each of the fiscal years 2008 through 2013. | Rural Students College, Career, and Community Readiness Act of 2007 - Directs the Secretary of Education to award grants to up to two nonprofit organizations to conduct higher education and career readiness demonstration projects.
Requires grantees to partner with rural local educational agencies and schools to enroll a cohort of seventh grade students and a cohort of ninth grade students into the demonstration projects, which are to provide such students with approximately 25 hours of informational and educational services in each grade through grade 12 that prepare them for higher education and a successful career. | {"src": "billsum_train", "title": "A bill to conduct 1 or more higher education and career readiness demonstration projects for rural, low-income students."} | 2,840 | 114 | 0.532885 | 1.384222 | 0.678745 | 2.455446 | 27.564356 | 0.891089 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Enhancement Act of 1993''.
SEC. 2. FINDINGS.
Congress finds and declares that--
(1) the United States commercial airline industry is
currently suffering severe financial distress;
(2) sustained record losses and excessive debt burdens are
causing air carriers to cancel new aircraft options and orders,
thereby threatening the economic viability of the United States
aerospace manufacturing industry;
(3) although most air carriers would benefit from acquiring
new generation, quieter, more fuel-efficient aircraft, there is
already more capacity than demand for seats, resulting in
downsizing, not expansion, of fleets;
(4) many air carriers are increasingly unable to obtain
financing at reasonable interest rates for purchasing new
equipment;
(5) the inability of many air carriers to acquire new,
quieter Stage 3 aircraft may jeopardize the planned phase out
of noisier Stage 2 aircraft;
(6) States and local communities, the traveling public,
airline employees, and airline shareholders would all benefit
from stronger, healthier air carriers operating modern, fuel
efficient, quieter aircraft;
(7) as the owner and operator of the Nation's air traffic
control system, the Federal Government is a partner of the
commercial aviation industry and must do its part to strengthen
the air carrier and aerospace industries;
(8) it is estimated that the Airport and Airway Trust Fund
will contain an unobligated surplus in excess of $4,300,000,000
on October 1, 1993;
(9) a prudent shift of the investment of the Airport and
Airway Trust Fund surplus into modernization of the commercial
aviation industry's fleet can provide vitally needed economic
stimulus for carriers and manufacturers and will ensure that
both industries remain competitive into the next century; and
(10) the Airport and Airway Trust Fund surplus should,
therefore, be made available to guarantee loans for the
acquisition of new aircraft if such acquisition will assure the
phasing out of less fuel efficient and noisier or older
aircraft at the same time.
SEC. 3. LOAN GUARANTEES FOR ACQUISITION OF STAGE 3 AIRCRAFT.
(a) In General.--Title XI of the Federal Aviation Act of 1958 (49
U.S.C. App. 1501-1518) is amended by adding at the end the following
new section:
``SEC. 1119. LOAN GUARANTEES FOR ACQUISITION OF STAGE 3 AIRCRAFT.
``(a) In General.--The Secretary is authorized, subject to
appropriations Acts, to guarantee any lender against loss of principal
or interest on any loan made to an eligible air carrier for the purpose
of financing the acquisition of new Stage 3 aircraft.
``(b) Terms and Conditions.--A loan may be guaranteed by the
Secretary under this section only if the loan is made subject to the
following terms and conditions:
``(1) Term.--The term of the loan does not exceed 20 years.
``(2) Rate of interest.--The loan bears interest at a rate
which is less than the maximum rate for such loans determined
by the Secretary. The maximum rate for such loans may not be
less than the current average market yield on outstanding
obligations of the United States with remaining periods to
maturity comparable to the maturity of the loan.
``(3) Prepayment.--There is no penalty for prepayment of
the amount of the loan.
``(4) Use of loan amounts.--The loan will be used only for
the acquisition of Stage 3 aircraft which--
``(A) are manufactured in the United States; and
``(B) will be delivered to the borrower not later
than 3 years after the date on which amounts are
appropriated to carry out this section.
``(c) Domestic Manufacture.--For the purposes of subsection (b)(4),
an aircraft shall be considered to have been manufactured in the United
States only if 50 percent or more of the parts of the aircraft, by
value, are manufactured in the United States.
``(d) Retirement of Aging and Stage 2 Aircraft.--The Secretary may
guarantee a loan under this section to an air carrier which owns or
operates aging aircraft or Stage 2 aircraft only if the carrier agrees
that, upon delivery of the aircraft being acquired with amounts of the
loan, the air carrier will--
``(1) retire from service Stage 2 aircraft or aging
aircraft containing a number of seats which equals or exceeds
200 percent of the number of seats contained in the aircraft
being acquired; or
``(2) retire from service all of the air carrier's
remaining Stage 2 aircraft and aging aircraft.
``(e) Default.--The Secretary may guarantee a loan under this
section only if the air carrier applying for the loan agrees that, in
the event of a default, the air carrier will transfer to the Department
of Transportation title to all equipment acquired with the proceeds of
the loan.
``(f) Distribution of Loan Guarantees.
``(1) Determination of available seat miles.--Not later
than 30 days after the date on which amounts are appropriated
to carry out this section, the Secretary shall determine the
percentage of available seat miles attributed, for the most
recent 12-month period for which such data is available, to
each eligible air carrier certificated on or before October 1,
1992.
``(2) Allocation.--
``(A) Carriers certificated on or before october 1,
1992.--An amount equal to 95 percent of the funds
appropriated to carry out this section shall be
available for guaranteeing loans to eligible air
carriers certificated on or before October 1, 1992, and
shall be allocated among such carriers based on the
percentage of available seat miles attributed to each
such carriers under paragraph (1).
``(B) Other carriers.--An amount equal to 5 percent
of the funds appropriated to carry out this section
shall be available for guaranteeing loans to eligible
air carriers certificated after October 1, 1992, and
shall be allocated among such carriers based on a fair
and equitable formula to be established by the
Secretary.
``(C) Transfer of allocations.--An eligible air
carrier may transfer to other eligible air carriers all
or part of the amount of loan guarantees allocated to
such carrier under this paragraph.
``(g) Enforcement.--
``(1) In general.--The Secretary is authorized to take such
actions as may be appropriate to enforce any right accruing to
the United States, or any officer or agency thereof, as a
result of the commitment or issuance of a loan guarantee under
this section.
``(2) Collateral.--All loan guarantees under this section
shall be secured by the equipment being financed and any other
assets necessary to provide sufficient collateral.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated out of the Airport and Airway Trust Fund to carry out this
section $4,300,000,000 for fiscal years beginning after September 30,
1993.
``(i) Definitions.--For the purposes of this section, the following
definitions apply:
``(1) Aging aircraft.--The term `aging aircraft' means an
aircraft which has been in service for at least 15 years.
``(2) Eligible air carrier.--The term `eligible air
carrier' means an air carrier which has been issued an
operating certificate under part 121 of title 14, Code of
Federal Regulations.
``(3) Stage 2 aircraft.--The term `Stage 2 aircraft' means
an aircraft which complies with Stage 2 noise levels under part
36 of title 14, Code of Federal Regulations, as in effect on
the date of the enactment of this section.
``(4) Stage 3 aircraft.--The term `Stage 3 aircraft' means
an aircraft which complies with Stage 3 noise levels under part
36 of title 14, Code of Federal Regulations, as in effect on
the date of the enactment of this section.
``(5) Secretary.--The term `Secretary' means the Secretary
of Transportation.''.
(b) Conforming Amendment to Table of Contents.--The table of
contents contained in the first section of the Federal Aviation Act of
1958 is amended by adding at the end of the matter relating to title XI
of such Act the following:
``Sec. 1119. Loan guarantees for acquisition of Stage 3 aircraft.
``(a) In general.
``(b) Terms and conditions.
``(c) Domestic manufacture.
``(d) Retirement of aging and Stage 2
aircraft.
``(e) Default.
``(f) Distribution of loan guarantees.
``(g) Enforcement.
``(h) Authorization of appropriations.
``(i) Definitions.''. | Aviation Enhancement Act of 1993 - Amends the Federal Aviation Act of 1958 to authorize the Secretary of Transportation (Secretary) to guarantee loans to eligible air carriers for financing the acquisition of new Stage three aircraft. Authorizes the Secretary to guarantee such loans to air carriers that own aging aircraft or Stage two aircraft only if the carrier agrees that it will retire from service: (1) Stage two aircraft or aging aircraft containing a number of seats which equals or exceeds 200 percent of the number of seats contained in the acquired aircraft; or (2) all of the air carriers remaining Stage 2 aircraft and aging aircraft.
Authorizes appropriations. | {"src": "billsum_train", "title": "Aviation Enhancement Act of 1993"} | 1,893 | 139 | 0.587138 | 1.671594 | 0.644748 | 4.365854 | 14.487805 | 0.918699 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Property Rights
Implementation Act of 2006''.
SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES CONCERNING REAL PROPERTY.
Section 1343 of title 28, United States Code, is amended by adding
at the end the following:
``(c) Whenever a district court exercises jurisdiction under
subsection (a) in an action in which the operative facts concern the
uses of real property, it shall not abstain from exercising or
relinquish its jurisdiction to a State court if the party seeking
redress does not allege a violation of a State law, right, or
privilege, and no parallel proceeding is pending in State court, at the
time the action is filed in the district court, that arises out of the
same operative facts as the district court proceeding.
``(d) In an action in which the operative facts concern the uses of
real property, the district court shall exercise jurisdiction under
subsection (a) even if the party seeking redress does not pursue
judicial remedies provided by a State or territory of the United
States.
``(e) If the district court has jurisdiction over an action under
subsection (a) in which the operative facts concern the uses of real
property and which cannot be decided without resolution of an unsettled
question of State law, the district court may certify the question of
State law to the highest appellate court of that State. After the State
appellate court resolves the question so certified, the district court
shall proceed with resolving the merits. The district court shall not
certify a question of State law under this subsection unless the
question of State law--
``(1) is necessary to resolve the merits of the Federal
claim of the injured party; and
``(2) is patently unclear.
``(f)(1) Any claim or action brought under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983) to redress the
deprivation of a property right or privilege secured by the
Constitution shall be ripe for adjudication by the district courts upon
a final decision rendered by any person acting under color of any
statute, ordinance, regulation, custom, or usage, of any State or
territory of the United States, which causes actual and concrete injury
to the party seeking redress.
``(2) For purposes of this subsection, a final decision exists if--
``(A) any person acting under color of any statute,
ordinance, regulation, custom, or usage, of any State or
territory of the United States, makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(B) one meaningful application to use the property has
been submitted but denied, and the party seeking redress has
applied for but is denied one waiver and one appeal, if the
applicable statute, ordinance, regulation, custom, or usage
provides a mechanism for waiver by or appeal to an
administrative agency.
The party seeking redress shall not be required to apply for a waiver
or appeal described in subparagraph (B) if such waiver or appeal is
unavailable or can not provide the relief requested, or if pursuit of
such a mechanism would otherwise be futile.''.
SEC. 3. UNITED STATES AS DEFENDANT.
Section 1346 of title 28, United States Code, is amended by adding
at the end the following:
``(h)(1) Any claim brought under subsection (a) that is founded
upon a property right or privilege secured by the Constitution, but was
allegedly infringed or taken by the United States, shall be ripe for
adjudication upon a final decision rendered by the United States, which
causes actual and concrete injury to the party seeking redress.
``(2) For purposes of this subsection, a final decision exists if--
``(A) the United States makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(B) one meaningful application to use the property has
been submitted but denied, and the party seeking redress has
applied for but is denied one waiver and one appeal, if the
applicable law of the United States provides a mechanism for
waiver by or appeal to an administrative agency.
The party seeking redress shall not be required to apply for a waiver
or appeal described in subparagraph (B) if such waiver or appeal is
unavailable or can not provide the relief requested, or if pursuit of
such a mechanism would otherwise be futile.''.
SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS.
Section 1491(a) of title 28, United States Code, is amended by
adding at the end the following:
``(3) Any claim brought under this subsection founded upon a
property right or privilege secured by the Constitution, but allegedly
infringed or taken by the United States, shall be ripe for adjudication
upon a final decision rendered by the United States, that causes actual
and concrete injury to the party seeking redress. For purposes of this
paragraph, a final decision exists if--
``(A) the United States makes a definitive decision
regarding the extent of permissible uses on the
property that has been allegedly infringed or taken,
without regard to any uses that may be permitted
elsewhere; and
``(B) one meaningful application to use the
property has been submitted but denied, and the party
seeking redress has applied for but is denied one
waiver and one appeal, if the applicable statute,
ordinance, regulation, custom, or usage provides a
mechanism for waiver by or appeal to an administrative
agency.
The party seeking redress shall not be required to apply for a
waiver or appeal described in subparagraph (B) if such waiver
or appeal is unavailable or can not provide the relief
requested, or if pursuit of such a mechanism would otherwise be
futile.''.
SEC. 5. CLARIFICATION FOR CERTAIN CONSTITUTIONAL PROPERTY RIGHTS
CLAIMS.
Section 1979 of the Revised Statutes of the United States (42
U.S.C. 1983) is amended by adding at the end the following: ``If the
party injured seeks to redress the deprivation of a property right or
privilege under this section that is secured by the Constitution by
asserting a claim that concerns--
``(1) an approval to develop real property that is subject
to conditions or exactions, then the person acting under color
of State law is liable if any such condition or exaction,
whether legislative or adjudicatory in nature, including but
not limited to the payment of a monetary fee or a dedication of
real property from the injured party, is unconstitutional;
``(2) a subdivision of real property pursuant to any
statute, ordinance, regulation, custom, or usage of any State
or territory, or the District of Columbia, then such a claim
shall be decided with reference to each subdivided lot,
regardless of ownership, if such a lot is taxed, or is
otherwise treated and recognized, as an individual property
unit by the State, territory, or the District of Columbia; or
``(3) alleged deprivation of substantive due process, then
the action of the person acting under color of State law shall
be judged as to whether it is arbitrary, capricious, an abuse
of discretion, or otherwise not in accordance with law.
For purposes of the preceding sentence, `State law' includes any law of
the District of Columbia or of any territory of the United States.''.
SEC. 6. CLARIFICATION FOR CERTAIN CONSTITUTIONAL PROPERTY RIGHTS CLAIMS
AGAINST THE UNITED STATES.
(a) District Court Jurisdiction.--Section 1346 of title 28, United
States Code, is amended by adding at the end the following:
``(i) If a claim brought under subsection (a) is founded upon a
property right or privilege secured by the Constitution that concerns--
``(1) an approval from an executive agency to permit or
authorize uses of real property that is subject to conditions
or exactions, then the United States is liable if any such
condition or exaction, whether legislative or adjudicatory in
nature, including but not limited to the payment of a monetary
fee or a dedication of real property from the injured party, is
unconstitutional;
``(2) a subdivision of real property pursuant to any
statute, ordinance, regulation, custom, or usage of any State
or territory, or the District of Columbia, then such a claim
against an executive agency shall be decided with reference to
each subdivided lot, regardless of ownership, if such a lot is
taxed, or is otherwise treated and recognized, as an individual
property unit by the State or territory, or the District of
Columbia, as the case may be; or
``(3) an alleged deprivation of substantive due process,
then the United States shall be judged as to whether its action
is arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with law.
In this subsection, the term `executive agency' has the meaning given
that term in section 105 of title 5.''.
(b) Court of Federal Claims Jurisdiction.--Section 1491 of title
28, United States Code, is amended by adding at the end the following:
``(4) If a claim brought under subsection (a) is founded upon a
property right or privilege secured by the Constitution that concerns--
``(A) an approval from an executive agency to permit or
authorize uses of real property that is subject to conditions
or exactions, then the United States is liable if any such
condition or exaction, whether legislative or adjudicatory in
nature, including but not limited to the payment of a monetary
fee or a dedication of real property from the injured party, is
unconstitutional;
``(B) a subdivision of real property pursuant to any
statute, ordinance, regulation, custom, or usage of any State
or territory, or the District of Columbia, then such a claim
against an executive agency shall be decided with reference to
each subdivided lot, regardless of ownership, if such a lot is
taxed, or is otherwise treated and recognized, as an individual
property unit by the State, or territory, or the District of
Columbia, as the case may be; or
``(C) an alleged deprivation of substantive due process,
then the United States shall be judged as to whether its action
is arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with law.
In this paragraph, the term `executive agency' has the meaning given
that term in section 105 of title 5.''.
SEC. 7. DUTY OF NOTICE TO OWNERS.
(a) In General.--Whenever a Federal agency takes an agency action
limiting the use of private property that may be affected by the
amendments by this Act, the agency shall, not later than 30 days after
the agency takes that action, give notice to the owners of that
property explaining their rights under such amendments and the
procedures for obtaining any compensation that may be due them under
such amendments.
(b) Definitions.--For purposes of subsection (a)--
(1) the term ``Federal agency'' means ``agency'', as that
term is defined in section 552(f) of title 5, United States
Code; and
(2) the term ``agency action'' has the meaning given that
term in section 551 of title 5, United States Code.
SEC. 8. SEVERABILITY AND EFFECTIVE DATE.
(a) Severability.--If any provision of this Act or the amendments
made by this Act or the application thereof to any person or
circumstance is held invalid, the remainder of this Act, the amendments
made by this Act, or the application thereof to other persons not
similarly situated or to other circumstances shall not be affected by
such invalidation.
(b) Effective Date.--The amendments made by this Act shall apply to
actions commenced on or after the date of the enactment of this Act.
Passed the House of Representatives September 29, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Private Property Rights Implementation Act of 2006 - (Sec. 2) Amends the federal judicial code to provide that, whenever a district court exercises jurisdiction in civil rights cases in which the operative facts concern the uses of real property, it shall not abstain from exercising such jurisdiction, or relinquish it to a state court, if the party seeking redress does not allege a violation of a state law, right, or privilege, and no parallel proceeding is pending in state court, at the time the action is filed in the district court, that arises out of the same operative facts as the district court proceeding.
Declares that in an action in which operative facts concern the uses of real property, the district court shall exercise jurisdiction even if the party seeking redress does not pursue judicial remedies provided by a state or territory. Provides for referral of an unsettled question of state law to the state's highest appellate court. Prohibits the district court from certifying a question of state law unless it is necessary to resolve the merits of the injured party's federal claim, and such question is patently unclear.
Declares that any claim or action to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any law, regulation, custom, or usage of any state or U.S. territory that causes actual and concrete injury to the party seeking redress.
(Sec. 3) Declares that any claim founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States which causes actual and concrete injury to the party seeking redress.
(Sec. 5) Amends the Revised Statutes of the United States with respect to certain Constitutional property rights claims.
(Sec. 6) Provides for the liability of the United States for certain claims, brought under U.S. district court jurisdiction or Court of Federal Claims jurisdiction, where the claim is founded upon a property right or privilege secured by the Constitution.
Makes the United States liable for a claim where an executive agency has permitted or authorized uses of real property subject to conditions or exactions, if any such condition or exaction, whether legislative or adjudicatory in nature, including the payment of a monetary fee or a dedication of real property from the injured party, is unconstitutional.
Declares that whenever a claim against an executive agency concerns a subdivision of real property pursuant to any state or territorial law, regulation, custom, or usage, then it shall be decided with reference to each subdivided lot, regardless of ownership, if such a lot is taxed, or otherwise treated and recognized by the state or territory, as an individual property unit.
States that, if a claim alleges deprivation of substantive due process, the United States shall be judged as to whether its action is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
(Sec. 7) Requires a federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments. | {"src": "billsum_train", "title": "To simplify and expedite access to the Federal courts for injured parties whose rights and privileges under the United States Constitution have been deprived by final actions of Federal agencies or other government officials or entities acting under color of State law, and for other purposes."} | 2,758 | 783 | 0.789365 | 2.565375 | 0.887439 | 6.446512 | 3.914729 | 0.964341 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural and Urban Health Care Act of
2001''.
SEC. 2. REQUIREMENTS FOR ADMISSION OF H-1C NONIMMIGRANT NURSES.
(a) In General.--Section 212(m) of the Immigration and Nationality
Act (8 U.S.C. 1182(m)) is amended to read as follows:
``(m)(1) The qualifications referred to in section
101(a)(15)(H)(i)(c), with respect to an alien who is coming to the
United States to perform nursing services for a facility, are that the
alien--
``(A) has obtained a full and unrestricted license to
practice professional nursing in the country where the alien
obtained nursing education or has received nursing education in
the United States or Canada;
``(B) has passed the examination given by the Commission on
Graduates of Foreign Nursing Schools or another appropriate
examination (recognized in regulations promulgated in
consultation with the Secretary of Health and Human Services)
or has a full and unrestricted license under State law to
practice professional nursing in the State of intended
employment; and
``(C) is fully qualified and eligible under the laws
(including such temporary or interim licensing requirements
which authorize the nurse to be employed) governing the place
of intended employment to engage in the practice of
professional nursing as a registered nurse immediately upon
admission to the United States and is authorized under such
laws to be employed by the facility, except that, in the case
of an alien who is otherwise eligible to take the State
licensure examination after entering into the United States,
but who has not passed such examination before entering--
``(i) the alien may take such examination not more
than twice after entering, but the alien's status as a
nonimmigrant under section 101(a)(15)(H)(i)(c) shall
terminate, and the alien shall be required to depart
the United States, if the alien does not pass such
examination either the first or second time; and
``(ii) the failure of the alien to have obtained a
social security account number shall not be deemed a
ground of ineligibility to take such examination.
``(2)(A) The attestation referred to in section
101(a)(15)(H)(i)(c), with respect to a facility for which an alien will
perform services, is an attestation as to the following:
``(i) The employment of the alien will not adversely affect
the wages and working conditions of registered nurses similarly
employed by the facility.
``(ii) The alien will be paid the wage rate for registered
nurses similarly employed by the facility.
``(iii) There is not a strike or lockout in the course of a
labor dispute, the facility did not lay off and will not lay
off a registered staff nurse employed by the facility within
the period beginning 90 days before and ending 90 days after
the date of filing of any visa petition, and the employment of
such an alien is not intended or designed to influence an
election for a bargaining representative for registered nurses
of the facility.
``(iv) At the time of the filing of the petition for
registered nurses under section 101(a)(15)(H)(i)(c), notice of
the filing has been provided by the facility to the bargaining
representative of the registered nurses at the facility or,
where there is no such bargaining representative, notice of the
filing has been provided to the registered nurses employed at
the facility through posting in conspicuous locations.
``(v) The facility will not, with respect to any alien
issued a visa or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(i)(c)--
``(I) authorize the alien to perform nursing
services at any worksite other than a worksite
controlled by the facility; or
``(II) transfer the place of employment of the
alien from one worksite to another.
``(vi) The facility will not, with respect to any alien
issued a visa or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(i)(c), require the alien to pay a penalty
(as determined under State law) for ceasing employment prior to
a date agreed to by the alien and the facility.
``(B) A copy of the attestation shall be provided, within 30 days
of the date of filing, to registered nurses employed at the facility on
the date of filing.
``(C) The Secretary shall review the attestation only for
completeness and obvious inaccuracies. Unless the Secretary finds that
the attestation is incomplete or obviously inaccurate, the Secretary
shall provide the certification described in section
101(a)(15)(H)(i)(c) within 7 days of the date of the filing of the
attestation.
``(D) Subject to subparagraph (F), an attestation under
subparagraph (A)--
``(i) shall expire on the date that is the later of--
``(I) the end of the 3-year period beginning on the
date of its filing with the Secretary of; or
``(II) the end of the period of admission under
section 101(a)(15)(H)(i)(c) of the last alien with
respect to whose admission it was applied (in
accordance with clause (ii)); and
``(ii) shall apply to petitions filed during the 3-year
period beginning on the date of its filing with the Secretary
if the facility states in each such petition that it continues
to comply with the conditions in the attestation.
``(E) A facility may meet the requirements of this paragraph with
respect to more than one registered nurse in a single attestation.
``(F)(i) The Secretary of Labor shall compile and make available
for public examination in a timely manner in Washington, D.C., a list
identifying facilities that have filed petitions for nonimmigrants
under section 101(a)(15)(H)(i)(c) and, for each such facility, a copy
of the facility's attestation under subparagraph (A) (and accompanying
documentation) and each such petition filed by the facility.
``(ii) The Secretary shall establish a process, including
reasonable time limits, for the receipt, investigation, and disposition
of complaints respecting a facility's failure to meet conditions
attested to or a facility's misrepresentation of a material fact in an
attestation. Complaints may be filed by any aggrieved person or
organization (including bargaining representatives, associations deemed
appropriate by the Secretary, and other aggrieved parties as determined
under regulations of the Secretary). The Secretary shall conduct an
investigation under this clause if there is reasonable cause to believe
that a facility willfully failed to meet conditions attested to.
Subject to the time limits established under this clause, this
subparagraph shall apply regardless of whether an attestation is
expired or unexpired at the time a complaint is filed.
``(iii) Under such process, the Secretary shall provide, within 180
days after the date such a complaint is filed, for a determination as
to whether or not a basis exists to make a finding described in clause
(iv). If the Secretary determines that such a basis exists, the
Secretary shall provide for notice of such determination to the
interested parties and an opportunity for a hearing on the complaint
within 60 days of the date of the determination.
``(iv) If the Secretary of Labor finds, after notice and
opportunity for a hearing, that a facility (for which an attestation is
made) has willfully failed to meet a condition attested to or that
there was a willful misrepresentation of material fact in the
attestation, the Secretary shall notify the Attorney General of such
finding and may, in addition, impose such other administrative remedies
(including civil monetary penalties in an amount not to exceed $1,000
per nurse per violation, with the total penalty not to exceed $10,000
per violation) as the Secretary determines to be appropriate. Upon
receipt of such notice, the Attorney General shall not approve
petitions filed with respect to a facility during a period of at least
one year for nurses to be employed by the facility.
``(v) In addition to the sanctions provided for under clause (iv),
if the Secretary finds, after notice and an opportunity for a hearing,
that a facility has violated the condition attested to under
subparagraph (A)(ii) (relating to payment of registered nurses at the
prevailing wage rate), the Secretary shall order the facility to
provide for payment of such amounts of back pay as may be required to
comply with such condition.
``(G)(i) The Secretary shall impose on a facility filing an
attestation under subparagraph (A) a filing fee, in an amount
prescribed by the Secretary based on the costs of carrying out the
Secretary's duties under this subsection, but not exceeding $250.
``(ii) Fees collected under this subparagraph shall be deposited in
a fund established for this purpose in the Treasury of the United
States.
``(iii) The collected fees in the fund shall be available to the
Secretary, to the extent and in such amounts as may be provided in
appropriations Acts, to cover the costs described in clause (i), in
addition to any other funds that are available to the Secretary to
cover such costs.
``(3) The period of admission of an alien under section
101(a)(15)(H)(i)(c) shall be for an initial period not to exceed 3
years, and may be extended if the extension does not cause the total
period of authorized admission as such a nonimmigrant to exceed 6
years.
``(4) The total number of nonimmigrant visas issued pursuant to
petitions granted under section 101(a)(15)(H)(i)(c) in each fiscal year
shall not exceed 195,000.
``(5) A facility that has filed a petition under section
101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing
services for the facility--
``(A) shall provide the nonimmigrant a wage rate and
working conditions commensurate with those of nurses similarly
employed by the facility; and
``(B) shall not interfere with the right of the
nonimmigrant to join or organize a union.
``(6) For purposes of this subsection and section
101(a)(15)(H)(i)(c):
``(A) The term `facility' includes a hospital, nursing
home, skilled nursing facility, registry, clinic, assisted-
living center, and an employer who employs any registered nurse
in a home setting.
``(B)(i) The term `lay off' with respect to a worker (for
purposes of paragraph (2)(A)(iii))--
``(I) means to cause the worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace rules,
cause, voluntary departure, voluntary retirement, or
the expiration of a grant or contract; but
``(II) does not include any situation in which the
worker's offered, as an alternative to such loss of
employment, a similar employment opportunity with the
same employer at equivalent or higher compensation and
benefits than the position from which the employee was
discharged, regardless of whether or not the employee
accepts the offer.
``(ii) Nothing in this subparagraph is intended to limit an
employee's or an employer's rights under a collective
bargaining agreement or other employment contract.
``(C) The term `Secretary' means the Secretary of Labor.''.
(b) Regulations; Effective Date.--Not later than 90 days after the
date of the enactment of this Act, regulations to carry out subsection
(a) shall be promulgated by the Secretary of Labor, in consultation
with the Secretary of Health and Human Services and the Attorney
General. Notwithstanding the preceding sentence, the amendment made by
subsection (a) shall take effect 90 days after the date of the
enactment of this Act, regardless of whether such regulations are in
effect on such date.
SEC. 3. INCREASE IN NUMBER OF WAIVERS OF TWO-YEAR FOREIGN RESIDENCE
REQUIREMENT UPON REQUESTS BY STATE AGENCIES.
Section 214(l)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1184(l)(1)(B)) is amended by striking ``20;'' and inserting
``40;''. | Rural and Urban Health Care Act of 2001 - Amends the Immigration and Nationality Act to: (1) revise admission requirements for nonimmigrant alien nurses, including increasing the type of qualifying employer-facilities; and (2) increase the number of annual two-year foreign residency requirement waivers for aliens receiving graduate medical education or training in the United States. | {"src": "billsum_train", "title": "To modify the requirements applicable to the admission into the United States of H-1C nonimmigrant registered nurses, and for other purposes."} | 2,845 | 78 | 0.506681 | 1.23752 | 0.91907 | 2.134328 | 36.731343 | 0.820896 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe Food Act of
1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Food safety research, education, and extension priority.
Sec. 4. Food Safety Rapid Response Team.
Sec. 5. Emphasis on food safety research in Fund for Rural America.
Sec. 6. National Food Safety Research, Education, and Extension
Program.
Sec. 7. Development and commercialization of food safety technology.
SEC. 2. FINDINGS.
Congress finds the following:
(1) While the American food supply is among the safest in
the world, millions of Americans are stricken by illness every
year caused by food they consume.
(2) An effective food safety strategy must be developed
that encompasses research, educational, and response efforts
along the entire farm-to-table spectrum and considers research
efforts on emerging food borne illness and related issues at
the Department of Agriculture and other Federal agencies.
SEC. 3. FOOD SAFETY RESEARCH, EDUCATION, AND EXTENSION PRIORITY.
(a) Food Safety Priority.--The Secretary of Agriculture shall
establish the identification and resolution of food safety issues as a
priority for the research, education, and extension activities of the
Department of Agriculture.
(b) Multidisciplinary and Integrated Approach.--To the extent
practicable, the Secretary of Agriculture shall conduct food safety
research, education, and extension activities on a multidisciplinary
and integrated basis.
(c) Consumer Education.--The Secretary of Agriculture is encouraged
to use the authority under section 3(g) of the Act of May 8, 1914
(commonly known as the Smith-Lever Act) (7 U.S.C. 343(g)) to enter into
cooperative agreements to carry out food safety consumer education
programs.
(d) Input.--In carrying out this section, the Secretary of
Agriculture shall encourage communication among Federal agencies,
educational institutions, and the private sector.
SEC. 4. FOOD SAFETY RAPID RESPONSE TEAM.
(a) Designation and Composition.--The Secretary of Agriculture
shall designate a Food Safety Rapid Response Team within the Department
of Agriculture, to enable the Department to rapidly respond to food
safety emergencies. The Secretary shall select the members of the Food
Safety Rapid Response Team from personnel of the Department with
relevant subject matter expertise. The Food Safety Rapid Response Team
shall be under the direction of a coordinating officer, who is
appointed by the Secretary and reports directly to the Secretary.
(b) Duties.--The Food Safety Rapid Response Team shall review and
evaluate the response of the Department of Agriculture to food-borne
illness outbreaks and make recommendations to the Secretary of
Agriculture regarding--
(1) the more effective involvement of other Federal
agencies, State and local agencies, land-grant colleges and
universities, and other research institutions in the response
to a food safety emergency;
(2) the rapid dissemination of accurate information to the
public regarding a food safety emergency; and
(3) other improvements to the current Federal system for
response to food safety emergencies.
(c) Food Safety Action Plan.--
(1) Preparation.--The Food Safety Rapid Response Team shall
develop a food safety action plan, which shall delineate,
within the Department of Agriculture, the responsibility and
mission of each office and agency of the Department during a
food safety emergency and facilitate the cooperation of the
Department and the coordination of the Department response with
other Federal agencies, States, local governments, colleges and
universities, industry, and public interest groups.
(2) Submission.--Not later than one year after the date of
the enactment of this Act, the Secretary of Agriculture shall
submit the food safety action plan required by this section to
Congress.
(d) Executive Branch Cooperation and Coordination.--The Secretary
of Agriculture is encouraged to enter into memoranda of understanding
with the heads of other Federal agencies that conduct similar programs
or activities regarding food safety, for the purpose of ensuring
consistent, accurate, and coordinated dissemination throughout the
executive branch of information and services in the event of a food
safety emergency.
SEC. 5. EMPHASIS ON FOOD SAFETY RESEARCH IN FUND FOR RURAL AMERICA.
Section 793(c)(2)(A) of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 2204f) is amended--
(1) in clause (vii), by striking ``; and'' and inserting a
semicolon;
(2) in clause (viii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new clause:
``(ix) increase food safety from farm-to-
consumer.''
SEC. 6. NATIONAL FOOD SAFETY RESEARCH, EDUCATION, AND EXTENSION
PROGRAM.
(a) Definition of Food and Agricultural Sciences.--Section
1404(8)(B) the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103(8)(B)) is amended by inserting ``,
including food safety'' after ``agricultural products''.
(b) Food Safety Program.--The National Agricultural Research,
Extension, and Teaching Policy Act of 1977 is amended by adding after
section 1425 (7 U.S.C. 3175) the following new section:
``SEC. 1426. NATIONAL FOOD SAFETY RESEARCH, EDUCATION, AND EXTENSION
PROGRAM.
``(a) Program Required.--The Secretary shall establish the National
Food Safety Research, Education, and Extension Program to reduce the
incidence of food borne illness to the greatest extent possible through
research, education, and extension activities.
``(b) Elements of Program.--The Secretary shall use the National
Food Safety Research, Education, and Extension Program--
``(1) to conduct and coordinate research concerning food
borne threats to human health and concerning mechanisms to
identify, reduce, eliminate, and prevent food borne threats
from entering into, and existing in, the food supply, including
research to develop rapid, cost effective tests, for the
presence of food pathogens (such as Salmonella, Campylobacter,
E. coli O157:H7, Cryptosporidium, Hepatitis A and Norwalk
viruses, Pfisteria and other marine toxins, Cyclospora, and
Toxoplasma), to enhance understanding of how such pathogens
become resistant to preservation technologies, and to develop
technologies for prevention and control of such pathogens.
``(2) to enhance surveillance by providing data to
anticipate and prevent future outbreaks of food borne illness
by focusing on production, processing, handling,
transportation, and storage practices, proper use of veterinary
drugs and feed, and management of animal wastes.
``(3) to fill current knowledge gaps in food safety issues,
including the development of better data and modeling
techniques to improve risk assessments;
``(4) to identify ways to improve the dissemination of
information regarding food safety strategies to all
participants in the farm-to-table spectrum, including
agricultural producers, processors, transporters, handlers, and
consumers, so as to reduce the incidence of food borne illness;
``(5) to coordinate the activities of the Federal
Government and land-grant colleges and universities regarding
research on food safety issues and the dissemination of such
information; and
``(6) to cooperate with State governments and the private
sector to improve and enhance the safety of food.
``(c) Contract, Grants, Cooperative Agreements.--
``(1) In general.--With funds available to carry out this
section, the Secretary may enter into contracts, grants, or
cooperative agreements with individuals and organizations in
accordance with section 1472.
``(2) Competitive basis.--Grants made under this subsection
shall be made on a competitive basis.
``(d) Administration.--
``(1) Costs.--The Secretary may retain for administration
up to 4 percent of amounts appropriated for the National Food
Safety Research, Education, and Extension Program authorized by
this section, notwithstanding the availability of any
appropriation for administrative expenses of the National Food
Safety Research, Education, and Extension Program.
``(2) Rules and regulations.--The Secretary shall prescribe
rules and regulations necessary for the administration of this
section.
``(3) Consultation with the national academy of sciences.--
The Secretary may use funds made available under this section
to consult with the National Academy of Sciences regarding the
administration of the National Food Safety Research, Education,
and Extension Program without regard to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII
of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et
seq.).''.
SEC. 7. DEVELOPMENT AND COMMERCIALIZATION OF FOOD SAFETY TECHNOLOGY.
(a) Cooperative Agreements for Food Safety Technology.--
Notwithstanding chapter 63 of title 31, United States Code, the
Secretary of Agriculture may enter into cooperative agreements with a
person or entity otherwise eligible to enter into such an agreement
under section 1472 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3318) under which the
facilities and technical expertise of the Agriculture Research Service
may be made available to the person or entity for the purpose of
developing and commercializing new technologies and products for food
safety to the point of practical application.
(b) Sale of New Technologies and Products.--The Secretary of
Agriculture shall authorize the partners in a cooperative agreement
under this section to sell new technologies and products for food
safety produced under the agreement for the purpose of determining the
market potential for the new technologies or products.
(c) Source of Funds.--To carry out this section, the Secretary of
Agriculture may use funds appropriated to carry out this section and
funds otherwise available for such cooperative agreements that may be
entered into under section 12 of the Stevenson-Wydler Technology
Innovation Act of 1986 (15 U.S.C. 3710a). | Safe Food Act of 1998 - Directs the Secretary of Agriculture to: (1) establish food safety research, education, and extension as a priority within the Department of Agriculture; and (2) designate a Food Safety Rapid Response Team within the Department.
(Sec. 5) Amends the Federal Agriculture Improvement and Reform Act of 1996 to emphasize food safety within the Fund for Rural America.
(Sec. 6) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary to establish the National Food Safety Research, Education, and Extension Program to reduce the incidence of food borne illness. Authorizes related contracts, grants, and cooperative agreements.
(Sec. 7) Authorizes the Secretary to enter into cooperative agreements for the development and commercialization of food safety technology. | {"src": "billsum_train", "title": "Safe Food Act of 1998"} | 2,210 | 172 | 0.677041 | 1.763077 | 0.887704 | 4.834395 | 12.872611 | 0.949045 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``International Tax
Simplification Act of 2006''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; amendment of 1986 Code; table of contents.
Sec. 2. Permanent Subpart F exemption for active financing income.
Sec. 3. Permanent look-thru rule for related controlled foreign
corporations.
Sec. 4. Repeal of foreign base company sales and services income rules.
Sec. 5. Repeal of foreign base company oil related income rules.
Sec. 6. Repeal of special rules for applying foreign tax credit in case
of foreign oil and gas income.
Sec. 7. Extension of carryforward period for excess foreign taxes.
Sec. 8. Subpart F earnings and profits determined under generally
accepted accounting principles.
Sec. 9. Acceleration of election to allocate interest on a worldwide
basis.
Sec. 10. Expansion of de minimis rule under subpart F.
SEC. 2. PERMANENT SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME.
(a) Exempt Insurance Income.--Paragraph (10) of section 953(e) is
amended--
(1) by striking ``and before January 1, 2009,'', and
(2) by striking the second sentence.
(b) Foreign Personal Holding Company Income.--Paragraph (9) of
section 954(h) is amended by striking ``and before January 1, 2009,''.
SEC. 3. PERMANENT LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN
CORPORATIONS.
Subparagraph (B) of section 954(c)(6) (relating to application) is
amended by striking ``and before January 1, 2009,''.
SEC. 4. REPEAL OF FOREIGN BASE COMPANY SALES AND SERVICES INCOME RULES.
(a) In General.--Subsection (a) of section 954 (relating to foreign
base company income) is amended by striking paragraphs (2) and (3).
(b) Certain Sales.--Paragraph (1) of section 954(c) is amended by
adding at the end the following new subparagraph:
``(I) Certain sales.--Income (whether in the form
of profits, commissions, fees, or otherwise) derived in
connection with the purchase of personal property from
a related person and its sale to any person, the sale
of personal property to any person on behalf of a
related person, the purchase of personal property from
any person and its sale to a related person, or the
purchase of personal property from any person on behalf
of a related person where--
``(i) the property which is purchased (or
in the case of property sold on behalf of a
related person, the property which is sold) is
manufactured, produced, grown, or extracted in
the United States, and
``(ii) the property is sold for use,
consumption, or disposition in the United
States, or, in the case of property purchased
on behalf of a related person, is purchased for
use, consumption, or disposition in the United
States.''.
(c) Conforming Amendments.--
(1) Clause (iii) of section 952(c)(1)(B) is amended by
striking subclauses (II) and (III) and by redesignating
subclauses (IV) and (V) as subclauses (II) and (III),
respectively.
(2) Paragraph (5) of section 954(b) is amended by striking
``, the foreign base company sales income, the foreign base
company services income,''.
(3) Section 954 is amended by striking subsections (d) and
(e).
(4)(A) Subsection (b) of section 954 is amended by adding
at the end the following new paragraph:
``(7) Related person defined.--For purposes of this
section, a person is a related person with respect to a
controlled foreign corporation if--
``(A) such person is an individual, corporation,
partnership, trust, or estate which controls, or is
controlled by, the controlled foreign corporation, or--
``(B) such person is a corporation, partnership,
trust, or estate which is controlled by the same person
or persons which control the controlled foreign
corporation.
For purposes of the preceding sentence, control means, with
respect to a corporation, the ownership, directly or
indirectly, of stock possessing more than 50 percent of the
total voting power of all classes of stock entitled to vote or
of the total value of stock of such corporation. In the case of
a partnership, trust, or estate, control means the ownership,
directly or indirectly, of more than 50 percent (by value) of
the beneficial interests in such partnership, trust, or estate.
For purposes of this paragraph, rules similar to the rules of
section 958 shall apply.''.
(B) Sections 552(c)(2), 861(c)(2)(B), 904(d)(2)(H),
953(d)(3), 953(e), 955(b), 958(b), 971(f), 988(e)(3)(C),
1297(b)(2), 1298(d)(3), and 1298(e)(2)(B) are each amended by
striking ``954(d)(3)'' each place it appears and inserting
``954(b)(7)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years of a foreign corporation beginning after
December 31, 2006, and to taxable years of United States shareholders
with or within which any such taxable year of such foreign corporation
ends.
SEC. 5. REPEAL OF FOREIGN BASE COMPANY OIL RELATED INCOME RULES.
(a) In General.--Subsection (a) of section 954 (relating to foreign
base company income) is amended by striking paragraph (5).
(b) Conforming Amendments.--
(1) Clause (iii) of section 952(c)(1)(B), as amended by
this Act, is amended by striking subclause (I) and by
redesignating subclauses (II) and (III) as subclauses (I) and
(II), respectively.
(2) Paragraph (5) of section 954(b), as amended by this
Act, is amended by striking ``and the foreign base company oil
related income''.
(3) Section 954 is amended by striking subsection (g).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after December
31, 2006, and to taxable years of United States shareholders with or
within which such taxable years of foreign corporations end.
SEC. 6. REPEAL OF SPECIAL RULES FOR APPLYING FOREIGN TAX CREDIT IN CASE
OF FOREIGN OIL AND GAS INCOME.
(a) In General.--Section 907 (relating to special rules in case of
foreign oil and gas income), as amended by this Act, is repealed.
(b) Conforming Amendments.--
(1) Each of the following provisions are amended by
striking ``907,'':
(A) Section 245(a)(10).
(B) Section 865(h)(1)(B).
(C) Section 904(d)(1).
(D) Section 904(g)(10)(A).
(2) Section 904(f)(5)(E)(iii) is amended by inserting ``,
as in effect before its repeal by the International Tax
Simplification Act of 2006'' after ``section 907(c)(4)(B)''.
(3) Section 954(g)(1) is amended by inserting ``, as in
effect before its repeal by the International Tax
Simplification Act of 2006'' after ``907(c)''.
(4) Section 6501(i) is amended--
(A) by striking ``, or under section 907(f)
(relating to carryback and carryover of disallowed oil
and gas extraction taxes)'', and
(B) by striking ``or 907(f)''.
(5) The table of sections for subpart A of part III of
subchapter N of chapter 1 is amended by striking the item
relating to section 907.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 7. EXTENSION OF CARRYFORWARD PERIOD FOR EXCESS FOREIGN TAXES.
(a) In General.--Section 904(c)(1) is amended by striking ``10''
and inserting ``20''.
(b) Excess Extraction Taxes.--Paragraph (1) of section 907(f) is
amended by striking ``10 succeeding taxable year'' and inserting ``20
succeeding taxable years''.
(c) Effective Date.--The amendments made by this section shall
apply to excess foreign taxes arising in taxable years beginning after
December 31, 2006.
SEC. 8. SUBPART F EARNINGS AND PROFITS DETERMINED UNDER GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES.
(a) In General.--Section 964(a) (relating to earnings and profits)
is amended by striking ``rules substantially similar to those
applicable to domestic corporations, under regulations prescribed by
the Secretary'' and inserting ``generally accepted accounting
principles in the United States''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to distributions during, and the determination of the inclusion
under section 951 of the Internal Revenue Code of 1986 with respect to,
taxable years of foreign corporations beginning after December 31,
2006.
SEC. 9. ACCELERATION OF ELECTION TO ALLOCATE INTEREST ON A WORLDWIDE
BASIS.
(a) In General.--Section 864(f)(6) is amended by striking
``December 31, 2008'' and inserting ``December 31, 2006''.
(b) Conforming Amendment.--Section 401(c) of the American Jobs
Creation Act of 2004 is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2006''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in section 401 of the American Jobs Creation Act
of 2004.
SEC. 10. EXPANSION OF DE MINIMIS RULE UNDER SUBPART F.
(a) In General.--Sections 954(b)(3)(A)(ii), 864(d)(5)(A)(ii), and
881(c)(5)(A)(i) are each amended by striking ``$1,000,000'' and
inserting ``$5,000,000''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after December
31, 2006, and to taxable years of United States shareholders with or
within which such taxable years of foreign corporations end. | International Tax Simplification Act of 2006 - Amends the Internal Revenue Code to revise rules relating to foreign income and income earned by controlled foreign corporations (Subpart F income), including to: (1) make permanent the active financing exemption for qualified insurance income and the look-thru treatment applicable to related foreign corporations; (2) eliminate foreign base company sales and services income and oil related income from foreign base company income; (3) repeal certain rules for the application of the foreign tax credit to foreign oil and gas income; (4) extend from 10 to 20 years the carryforward period for excess foreign taxes; (5) accelerate from 2008 to 2006 the election to allocate interest earned by an affiliated group of corporations on a worldwide basis; and (6) increase to $5 million the tax exclusion for foreign base company or gross insurance income (de minimis rule). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to improve the rules relating to income earned abroad."} | 2,590 | 173 | 0.594402 | 1.747753 | 0.814133 | 2.252941 | 12.647059 | 0.9 |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``National Park Anniversaries-Great
American Spaces Commemorative Coin Act''.
SEC. 2. SEC. 2. FINDINGS.
The Congress finds the following:
(1) The National Park Foundation is the congressionally-
chartered nonprofit partner of America's National Parks.
(2) The mission of the National Park Foundation is to
strengthen the enduring connection between the American people
and their National Parks by raising private funds, making
strategic grants, creating innovative partnerships and
increasing public awareness of National Parks.
(3) The parks represented in this program represent some of
the most beloved and treasured National Parks in America.
(4) The National Park Service was established in 1916, to
preserve and protect great scenic parks such as Grand Canyon
and Yosemite, while also managing battlefields such as
Gettysburg and historical sites such as the Lincoln Memorial.
(5) Theodore Roosevelt said that nothing short of defending
this country in wartime ``compares in importance with the great
task of leaving this land even a better land for our
descendants than it is for us''.
(6) Parks established under the presidency of Theodore
Roosevelt, such as Grand Canyon and Devil's Tower, are the
embodiment of that ideal.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins for National Parks Observing Historic
Anniversaries of Their Founding.--The Secretary of the Treasury (in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 300,000 $1 coins for each of the National Parks specified in
section 4(d), 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.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be developed in consultation with the National Park
Foundation, and shall be emblematic of the National Park being
commemorated on each coin.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year in which the coin is
minted; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the National Parks Foundation; and
(2) reviewed by the Citizens Advisory Committee established
under section 5135 of title 31, United States Code.
(c) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(d) National Parks to Be Commemorated.--The National Parks to be
commemorated, the year of commemoration, and the anniversary to be
observed are as follows:
National Park or Park
Year of Issuance Service Anniversary
2007............................. Devils Tower National 100th
Monument.
2008............................. Grand Canyon National 100th
Park.
2010............................. Glacier National Park 100th
2011............................. Lincoln Memorial..... 100th
2014............................. Yosemite National 150th
Park.
2015............................. Rocky Mountain 100th
National Park.
2016............................. National Park Service 100th
2017............................. Denali National Park. 100th
2018............................. Acadia National Park. 100th
2019............................. Zion National Park... 100th
2020............................. Gettysburg National 125th
Military Park.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1 of the year of issuance, as
specified in section 4(d), except that the Secretary may initiate sales
of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31 of the year of issuance specified in
section 4(d).
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the face value, plus the cost of designing and issuing such
coins (including labor, materials, dies, use of machinery, overhead
expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Sales of Single Coins and Sets of Coins.--Coins of each design
specified under section 4 may be sold separately or as a set containing
other coins authorized by this Act.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales of coins issued under this Act
shall include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary to the National Park Foundation for use as follows:
(1) 50 percent of the surcharges received shall be used by
the National Park Foundation in support of all National Parks.
(2) 50 percent of the surcharges received shall be used by
the National Park Foundation for the benefit of the National
Parks designated in section 4(d) (in addition to any amount
allocable to any such Park from expenditures of amounts under
paragraph (1).
(c) Audits.--The National Park Foundation shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code.
SEC. 8. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received_
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution, the deposits of which
are insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | National Parks Anniversaries-Great American Spaces Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue silver coins emblematic of certain National Parks that are observing historic anniversaries of their founding. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the founding of America's National Parks, and for other purposes."} | 1,648 | 53 | 0.586044 | 1.622772 | 0.856854 | 2.432432 | 40.108108 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Benefit Adjustment of Social
Security Income Compensation Act of 2010'' or the ``BASIC Act''.
SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(4)(B) of such Act
(42 U.S.C. 402(b)(4)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of such Act (42 U.S.C.
402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(4)(B) of such Act
(42 U.S.C. 402(c)(4)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42
U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42
U.S.C. 402(e)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: she
remarries, dies, becomes entitled'' in the matter following
subparagraph (F) and inserting ``ending with the month in which she
dies or (if earlier) the month preceding the earliest of the first
month in which she remarries, the month in which she becomes
entitled''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act
(42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: he
remarries, dies, or becomes entitled'' in the matter following
subparagraph (F) and inserting ``ending with the month in which he dies
or (if earlier) the month preceding the earliest of the first month in
which he remarries, the month in which he becomes entitled''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
such Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``the month in which he or she dies or (if
earlier)'' after ``and ending with'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42
U.S.C. 402(h)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: such
parent dies, marries,'' in the matter following subparagraph (E) and
inserting ``ending with the month in which such parent dies or (if
earlier) the month preceding the first month in which such parent
marries''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of such Act
(42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month
preceding whichever of the following months is the earliest: the month
in which he dies,'' in the matter following subparagraph (D) and
inserting the following: ``ending with the month in which he dies or
(if earlier) with the month preceding the earlier of'' and by striking
the comma after ``216(l))''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the
month preceding'' in the matter following paragraph (4).
SEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following new subsection:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(z) The amount of any individual's monthly insurance benefit
under this section paid for the month in which the individual dies
shall be an amount equal to--
``(1) the amount of such benefit (as determined without
regard to this subsection), multiplied by
``(2) a fraction--
``(A) the numerator of which is the number of days
in such month preceding the date of such individual's
death, and
``(B) the denominator of which is the number of
days in such month,
rounded, if not a multiple of $1, to the next lower multiple of $1.
This subsection shall apply with respect to such benefit after all
other adjustments with respect to such benefit provided by this title
have been made. Payment of such benefit for such month shall be made as
provided in section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of such Act (42
U.S.C. 423) is amended by adding at the end the following new
subsection:
``Last Payment of Benefit Terminated by Death
``(k) The amount of any individual's monthly benefit under this
section paid for the month in which the individual dies shall be an
amount equal to--
``(1) the amount of such benefit (as determined without
regard to this subsection), multiplied by
``(2) a fraction--
``(A) the numerator of which is the number of days
in such month preceding the date of such individual's
death, and
``(B) the denominator of which is the number of
days in such month,
rounded, if not a multiple of $1, to the next lower multiple of $1.
This subsection shall apply with respect to such benefit after all
other adjustments with respect to such benefit provided by this title
have been made. Payment of such benefit for such month shall be made as
provided in section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of such Act (42 U.S.C. 428) is amended by adding at the end the
following new subsection:
``Last Payment of Benefit Terminated by Death
``(i) The amount of any individual's monthly benefit under this
section paid for the month in which the individual dies shall be an
amount equal to--
``(1) the amount of such benefit (as determined without
regard to this subsection), multiplied by
``(2) a fraction--
``(A) the numerator of which is the number of days
in such month preceding the date of such individual's
death, and
``(B) the denominator of which is the number of
days in such month,
rounded, if not a multiple of $1, to the next lower multiple of $1.
This subsection shall apply with respect to such benefit after all
other adjustments with respect to such benefit provided by this title
have been made. Payment of such benefit for such month shall be made as
provided in section 204(d).''.
SEC. 4. MODIFICATION OF COMPUTATION OF LUMP-SUM DEATH PAYMENTS.
The first sentence of section 202(I) of such Act (42 U.S.C. 402(I))
is amended by striking ``three times'' and all that follows through
``smaller'' and inserting ``47 percent of such individual's primary
insurance amount, or an amount equal to $255, whichever is greater''.
SEC. 5. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM
PROVISIONS.
Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is
amended by adding at the end the following new paragraph:
``(11) Notwithstanding any other provision of this Act, in
applying the preceding provisions of this subsection (and
determining maximum family benefits under column V of the table
in or deemed to be in section 215(a) as in effect in December
1978) with respect to the month in which the insured
individual's death occurs, the benefit payable to such
individual for that month shall be disregarded.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring in the first month beginning more than 90 days after the date
of enactment of this Act. | Benefit Adjustment of Social Security Income Compensation Act of 2010 or the BASIC Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that: (1) an individual's entitlement to any OASDI benefit shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month); and (2) the benefit shall be payable for such month only to the extent proportionate to the number of days in the month preceding the date of death.
Revises the formula for computation of a lump-sum death payment to the widow or widower of a fully or currently insured individual. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to provide that an individual's entitlement to any benefit thereunder shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month) and that such individual's benefit shall be payable for such month only to the extent proportionate to the number of days in such month preceding the date of such individual's death."} | 2,477 | 151 | 0.487475 | 1.385904 | 0.618651 | 2.136364 | 15.416667 | 0.863636 |
.
(a) In General.--There shall be in the Department an Office of
Peaceful Coexistence and Nonviolent Conflict Resolution, the head of
which shall be the Assistant Secretary for Peaceful Coexistence and
Nonviolent Conflict Resolution. The Assistant Secretary for Peaceful
Coexistence and Nonviolent Conflict Resolution shall carry out those
functions in the Department affecting research and analysis relating to
creating, initiating, and modeling approaches to peaceful coexistence
and nonviolent conflict resolution.
(b) Responsibilities.--The Assistant Secretary for Peaceful
Coexistence and Nonviolent Conflict Resolution shall--
(1) commission or compile studies on the impact of war,
especially on the physical and mental condition of children
(using the ten-point anti-war agenda in the United Nations
Childrens Fund report, State of the World's Children 1996, as a
guide), which shall include the study of the effect of war on
the environment and public health;
(2) compile information on effective community
peacebuilding activities and disseminate such information to
local governments and non-governmental organizations in the
United States and abroad;
(3) commission or compile research on the effect of
violence in the media and make such reports available to the
Congress annually;
(4) publish a monthly journal of the activities of the
Department and encourage scholarly participation; and
(5) sponsor conferences throughout the United States to
create awareness of the work of the Department.
SEC. 110. OFFICE OF HUMAN RIGHTS AND ECONOMIC RIGHTS.
(a) In General.--There shall be in the Department an Office of
Human Rights and Economic Rights, the head of which shall be the
Assistant Secretary for Human Rights and Economic Rights. The Assistant
Secretary for Human Rights and Economic Rights shall carry out those
functions in the Department that support the principles of the
Universal Declaration of Human Rights passed by the General Assembly of
the United Nations on December 10, 1948.
(b) Responsibilities.--The Assistant Secretary for Human Rights and
Economic Rights shall--
(1) assist the Secretary, in cooperation with the Secretary
of State, in furthering the incorporation of the principles of
human rights, as enunciated in the United Nations General
Assembly Resolution 217A (III) of December 10, 1948, into all
agreements between the United States and other nations to help
reduce the causes of violence;
(2) gather information on and document human rights abuses,
both domestically and internationally, and recommend to the
Secretary nonviolent responses to correct abuses;
(3) make such findings available to other agencies in order
to facilitate nonviolent conflict resolution;
(4) provide trained observers to work with non-governmental
organizations for purposes of creating a climate that is
conducive to the respect for human rights;
(5) conduct economic analyses of the scarcity of human and
natural resources as a source of conflict and make
recommendations to the Secretary for nonviolent prevention of
such scarcity, nonviolent intervention in case of such
scarcity, and the development of programs to assist people
facing such scarcity, whether due to armed conflict,
maldistribution of resources, or natural causes;
(6) assist the Secretary, in cooperation with the Secretary
of State and the Secretary of the Treasury, in developing
strategies regarding the sustainability and the management of
the distribution of funds from international agencies, the
conditions regarding the receipt of such funds, and the impact
of those conditions on the peace and stability of the recipient
nations;
(7) assist the Secretary, in cooperation with the Secretary
of State and the Secretary of Labor, in developing strategies
to promote full compliance with domestic and international
labor rights law; and
(8) conduct policy analysis to ensure that the
international development investments of the United States
positively impact the peace and stability of the recipient
nation.
SEC. 111. INTERGOVERNMENTAL ADVISORY COUNCIL ON PEACE.
(a) In General.--There shall be in the Department an advisory
committee known as the Intergovernmental Advisory Council on Peace
(hereinafter in this Act referred to as the ``Council''). The Council
shall provide assistance and make recommendations to the Secretary and
the President concerning intergovernmental policies relating to peace
and nonviolent conflict resolution.
(b) Responsibilities.--The Council shall--
(1) provide a forum for representatives of Federal, State,
and local governments to discuss peace issues;
(2) promote better intergovernmental relations and offer
professional mediation services to resolve intergovernmental
conflict as needed; and
(3) submit, biennially or more frequently if determined
necessary by the Council, a report to the Secretary, the
President, and the Congress reviewing the impact of Federal
peace activities on State and local governments.
SEC. 112. CONSULTATION REQUIRED.
(a) Consultation in Cases of Conflict.--(1) In any case in which a
conflict between the United States and any other government or entity
is imminent or occurring, the Secretary of Defense and the Secretary of
State shall consult with the Secretary concerning nonviolent means of
conflict resolution.
(2) In any case in which such a conflict is ongoing or recently
concluded, the Secretary shall conduct independent studies of
diplomatic initiatives undertaken by the United States and other
parties to the conflict.
(3) In any case in which such a conflict has recently concluded,
the Secretary shall assess the effectiveness of those initiatives in
ending the conflict.
(4) The Secretary shall establish a formal process of consultation
in a timely manner with the Secretary of the Department of State and
the Secretary of Defense--
(A) prior to the initiation of any armed conflict between
the United States and any other nation; and
(B) for any matter involving the use of Department of
Defense personnel within the United States.
(b) Consultation in Drafting Treaties and Agreements.--The
executive branch shall consult with the Secretary in drafting treaties
and peace agreements.
SEC. 113. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act for a
fiscal year beginning after the date of the enactment of this Act
$10,000,000,000 for each fiscal year. Of the amounts appropriated
pursuant to such authorization, at least 85 percent shall be used for
domestic peace programs, including administrative costs associated with
such programs.
TITLE II--ADMINISTRATIVE PROVISIONS AND TRANSFERS OF AGENCY FUNCTIONS
SEC. 201. STAFF.
The Secretary may appoint and fix the compensation of such
employees as may be necessary to carry out the functions of the
Secretary and the Department. Except as otherwise provided by law, such
employees shall be appointed in accordance with the civil service laws
and their compensation fixed in accordance with title 5 of the United
States Code.
SEC. 202. TRANSFERS.
There are hereby transferred to the Department the functions,
assets, and personnel of--
(1) the Peace Corps;
(2) the United States Institute of Peace;
(3) the Office of the Under Secretary for Arms Control and
International Security Affairs of the Department of State;
(4) the Gang Resistance Education and Training Program of
the Bureau of Alcohol, Tobacco and Firearms; and
(5) the SafeFutures program of the Office of Juvenile
Justice and Delinquency Prevention of the Department of
Justice.
SEC. 203. CONFORMING AMENDMENTS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary shall prepare and submit to Congress proposed legislation
containing any necessary and appropriate technical and conforming
amendments to the laws of the United States to reflect and carry out
the provisions of this Act.
TITLE III--FEDERAL INTERAGENCY COMMITTEE ON PEACE
SEC. 301. FEDERAL INTERAGENCY COMMITTEE ON PEACE.
There is established a Federal Interagency Committee on Peace
(hereinafter in this Act referred to as the ``Committee''). The
Committee shall--
(1) assist the Secretary in providing a mechanism to assure
that the procedures and actions of the Department and other
Federal agencies are fully coordinated; and
(2) study and make recommendations for assuring effective
coordination of Federal programs, policies, and administrative
practices affecting peace.
TITLE IV--PEACE DAY
SEC. 401. PEACE DAY.
The Secretary shall encourage citizens to observe and celebrate the
blessings of peace and endeavor to create peace on a Peace Day. Such
day shall include discussions of the professional activities and the
achievements in the lives of peacemakers. | Department of Peace Act - Establishes a Department of Peace, which shall be headed by a Secretary of Peace (Secretary).
Sets forth the mission of the Department, including: (1) cultivation of peace as a national policy objective; and (2) development of policies that promote national and international conflict prevention, nonviolent intervention, mediation, peaceful conflict resolution, and structured conflict mediation.
Establishes in the Department: (1) the Office of Peace Education and Training; (2) the Office of Domestic Peace Activities; (3) the Office of International Peace Activities; (4) the Office of Technology for Peace; (5) the Office of Arms Control and Disarmament; (6) the Office of Peaceful Coexistence and Nonviolent Conflict Resolution; (7) the Office of Human Rights and Economic Rights; and (8) the Intergovernmental Advisory Council on Peace. Directs the Secretary of Defense and the Secretary of State to consult with the Secretary concerning nonviolent means of conflict resolution when a conflict between the United States and any other government or entity is imminent or occurring. Transfers to the Department the functions, assets, and personnel of various federal agencies. Establishes the Federal Interagency Committee on Peace. Directs the Secretary to encourage citizens to celebrate the blessings of peace and endeavor to create peace on a Peace Day. | {"src": "billsum_train", "title": "To establish a Department of Peace."} | 1,797 | 273 | 0.618346 | 2.006983 | 0.760016 | 3.818898 | 6.629921 | 0.92126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thomas Alva Edison Sesquicentennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds the following:
(1) Thomas Alva Edison, one of America's greatest
inventors, was born on February 11, 1847, in Milan, Ohio.
(2) Thomas A. Edison's inexhaustible energy and genius
produced more than 1,300 inventions in his lifetime, including
the incandescent light bulb and the phonograph.
(3) In 1928, Thomas A. Edison received the Congressional
gold medal ``for development and application of inventions that
have revolutionized civilization in the last century''.
(4) 1997 will mark the sesquicentennial of Thomas A.
Edison's birth.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the sesquicentennial of
the birth of Thomas A. Edison, the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall mint and issue not
more than 750,000 1 dollar coins, 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.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the many inventions made by Thomas
A. Edison throughout his prolific life.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the years 1847-1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(3) Obverse of coin.--The obverse of each coin minted under
this Act shall bear the likeness of Thomas A. Edison.
(b) Design Competition.--Before the end of the 3-month period
beginning on the date of the enactment of this Act, the Secretary shall
conduct an open design competition for the design of the obverse and
the reverse of the coins minted under this Act.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 1997.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 9. DISTRIBUTION OF SURCHARGES.
(a) In General.--The first $7,000,000 of the surcharges received by
the Secretary from the sale of coins issued under this Act shall be
promptly paid by the Secretary as follows:
(1) \1/7\ to the Edison Birthplace Association,
Incorporated, in Milan, Ohio, to assist in such association's
efforts to raise an endowment as a permanent source of support
for the repair and maintenance of the Thomas A. Edison
birthplace, a national historic landmark.
(2) \1/7\ to the Museum of Arts and History, in the city of
Port Huron, Michigan for the endowment and construction of a
special museum on Thomas A. Edison's life in Port Huron.
(3) \1/7\ to the National Park Service for use in
protecting, restoring, and cataloguing historic documents and
objects at Thomas A. Edison's ``invention factory'' in West
Orange, New Jersey.
(4) \1/7\ to the Edison Plaza Museum in Beaumont, Texas,
for expanding educational programs on Thomas A. Edison and for
the repair and maintenance of the museum.
(5) \1/7\ to the Edison Winter Home and Museum in Fort
Myers, Florida, for historic preservation, restoration, and
maintenance of Thomas A. Edison's historic home and chemical
laboratory.
(6) \1/7\ to the Edison Memorial Tower in Edison, New
Jersey, for the preservation, restoration, and expansion of the
tower and museum.
(7) \1/7\ to Greenfield Village in Dearborn, Michigan, for
use in maintaining and expanding displays and educational
programs associated with Thomas A. Edison.
(b) Excess Payable to the National Numismatic Collection.--After
payment of the amount required under subsection (a), the Secretary
shall pay the remaining surcharges to the National Museum of American
History, Washington, D.C., for the support of the National Numismatic
Collection at the museum.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of any organization which receives any payment from the Secretary
under this section, as may be related to the expenditures of amounts
paid under this subsection.
SEC. 10. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Thomas Alva Edison Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions made by Thomas A. Edison in commemoration of the sesquicentennial of his birth.
Instructs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins.
Terminates the authority to mint such coins after December 31, 1997. Mandates that certain surcharges received from coin sales be distributed to specified entities. | {"src": "billsum_train", "title": "Thomas Alva Edison Sesquicentennial Commemorative Coin Act"} | 1,824 | 115 | 0.563356 | 1.533088 | 0.612939 | 3.855556 | 17.7 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Cuba Trade Act of
2017''.
SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS
WITH CUBA.
(a) Authority for Embargo and Sugar Quota.--
(1) In general.--Section 620(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2370(a)) is repealed.
(2) Conforming amendment.--Section 1610(f)(1)(A) of title
28, United States Code, is amended by striking ``section 620(a)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)),''.
(b) Trading With the Enemy Act.--
(1) In general.--The authorities conferred upon the
President by section 5(b) of the Trading With the Enemy Act (50
U.S.C. 4305(b)), which were being exercised with respect to
Cuba on July 1, 1977, as a result of a national emergency
declared by the President before that date, and are being
exercised on the day before the effective date of this Act, may
not be exercised on or after such effective date with respect
to Cuba.
(2) Regulations.--Any regulation in effect on the day
before the effective date of this Act pursuant to the exercise
of authorities described in paragraph (1) shall cease to be
effective on such effective date.
(c) Exercise of Authorities Under Other Provisions of Law.--
(1) Removal of prohibitions.--Any prohibition on exports to
Cuba that is in effect on the day before the effective date of
this Act under the Export Administration Act of 1979 (50 U.S.C.
4601 et seq.) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.)) shall cease to be effective on such effective date.
(2) Authority for new restrictions.--The President may, on
and after the effective date of this Act--
(A) impose export controls with respect to Cuba
under section 5, 6(j), 6(l), or 6(m) of the Export
Administration Act of 1979 (as continued in effect
pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.)); and
(B) exercise the authorities the President has
under the International Emergency Economic Powers Act
with respect to Cuba pursuant to a declaration of
national emergency required by that Act that is made on
account of an unusual and extraordinary threat to the
national security, foreign policy, or economy of the
United States, that did not exist before the date of
the enactment of this Act.
(d) Repeal of Cuban Democracy Act of 1992.--The Cuban Democracy Act
of 1992 (22 U.S.C. 6001 et seq.) is repealed.
(e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996.--
(1) Repeal.--The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is repealed.
(2) Conforming amendments.--
(A) Visa revocation.--Section 428(c)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 236(c)(2)) is
amended--
(i) by striking subparagraph (K); and
(ii) by redesignating subparagraphs (L)
through (P) as subparagraphs (K) through (O),
respectively.
(B) Effect of determination.--Section 606 of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (Public Law 104-208; 8 U.S.C. 1255 note) is
repealed.
(C) Property immune from attachment.--Section 1611
of title 28, United States Code, is amended by striking
subsection (c).
(D) International claims.--Sections 514 and 515 of
the International Claims Settlement Act of 1949 (22
U.S.C. 1643l and 1643m) are repealed.
(f) Repeal of Provisions Imposing Certain Restrictions on
Assistance to Former Soviet Countries.--
(1) In general.--Section 498A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2295a) is amended--
(A) in subsection (a)(11) by striking ``and
intelligence facilities, including the military and
intelligence facilities at Lourdes and Cienfuegos,''
and inserting ``facilities,'';
(B) in subsection (b)--
(i) in paragraph (4) by inserting ``and''
after the semicolon;
(ii) by striking paragraph (5); and
(iii) by redesignating paragraph (6) as
paragraph (5); and
(C) by striking subsection (d).
(2) Definitions.--Section 498B(k) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking
paragraphs (3) and (4).
(g) Trade Sanctions Reform and Export Enhancement Act of 2000.--The
Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201 et seq.) is amended--
(1) in section 906(a)(1) (22 U.S.C. 7205(a)(1)), by
striking ``Cuba,'';
(2) in section 908 (22 U.S.C. 7207)--
(A) by striking subsection (b);
(B) in subsection (a)--
(i) by striking ``Prohibition'' and all
that follows through ``(1) In general.--
Notwithstanding'' and inserting ``In General.--
Notwithstanding'';
(ii) by striking ``for exports to Cuba
or'';
(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as
subsection (b) and by moving such subsection,
as so redesignated, 2 ems to the left; and
(C) in subsection (b), as redesignated by
subparagraph (B)(iv), by striking ``paragraph (1)'' and
inserting ``subsection (a)'';
(3) by striking section 909 (22 U.S.C. 7208);
(4) by striking section 910 (22 U.S.C. 7209); and
(5) by redesignating section 911 (Public Law 106-387; 114
Stat. 1549A-72) as section 909.
(h) Repeal of Prohibition on Transactions or Payments With Respect
to Certain United States Intellectual Property.--Section 211 of the
Department of Commerce and Related Agencies Appropriations Act, 1999
(as contained in section 101(b) of division A of Public Law 105-277;
112 Stat. 2681-88) is repealed.
(i) Sugar Quota Prohibition Under Food Security Act of 1985.--
Subsection (c) of section 902 of the Food Security Act of 1985 (Public
Law 99-198; 99 Stat. 1444) is repealed.
SEC. 3. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.
Any common carrier, as defined in section 3 of the Communications
Act of 1934 (47 U.S.C. 153), is authorized to install, maintain, and
repair telecommunications equipment and facilities in Cuba, and
otherwise provide telecommunications services between the United States
and Cuba. The authority of this section includes the authority to
upgrade facilities and equipment.
SEC. 4. TRAVEL.
(a) In General.--Travel to and from Cuba by individuals who are
citizens or residents of the United States, and any transactions
ordinarily incident to such travel, may not be regulated or prohibited
if that travel would be lawful in the United States.
(b) Transactions Incident to Travel.--Transactions ordinarily
incident to travel that may not be regulated or prohibited under
subsection (a) include the following:
(1) Transactions ordinarily incident to travel or
maintenance in Cuba.
(2) Normal banking transactions involving foreign currency
drafts, traveler's checks, or other negotiable instruments
incident to that travel.
SEC. 5. NEGOTIATIONS WITH CUBA.
(a) Negotiations.--The President should take all necessary steps to
advance negotiations with the Government of Cuba--
(1) for the purpose of settling claims of nationals of the
United States against the Government of Cuba for the taking of
property by such government; and
(2) for the purpose of securing the protection of
internationally recognized human rights.
(b) Definitions.--In this section, the terms ``national of the
United States'' and ``property'' have the meanings given those terms in
section 502 of the International Claims Settlement Act of 1949 (22
U.S.C. 1643a).
SEC. 6. EXTENSION OF NONDISCRIMINATORY TRADE TREATMENT.
(a) Sense of Congress.--
(1) In general.--It is the sense of the Congress that--
(A) the United States should promote democratic
change and economic reform by normalizing trade
relations with Cuba; and
(B) upon the enactment of this Act, it will no
longer be necessary for the United States to continue
to use article XXI of the GATT 1994 with respect to
Cuba, understanding that the President retains full
authority to invoke article XXI of the GATT 1994 and
comparable provisions in other Uruguay Round Agreements
in the future in all appropriate circumstances.
(2) Definitions.--In this section, the terms ``GATT 1994''
and ``Uruguay Round Agreements'' have the meanings given those
terms in section 2 of the Uruguay Round Agreements Act (19
U.S.C. 3501).
(b) Extension of Nondiscriminatory Treatment to the Products of
Cuba.--
(1) Harmonized tariff schedule amendments.--Subdivision (b)
of general note 3 of the Harmonized Tariff Schedule of the
United States is amended--
(A) by striking ``to section 401 of the Tariff
Classification Act of 1962,''; and
(B) by striking ``Cuba''.
(2) Repeal of section 401 of the tariff classification act
of 1962.--Section 401 of the Tariff Classification Act of 1962
(Public Law 87-456; 76 Stat. 78) is repealed.
(3) Termination of application of title iv of the trade act
of 1974 to cuba.--
(A) Extension of nondiscriminatory treatment.--
Nondiscriminatory treatment (normal trade relations
treatment) shall apply to the products of Cuba.
(B) Termination of application of title iv.--Title
IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.)
shall cease to apply to Cuba.
(4) Effective date.--This section, and the amendments made
by this section, shall apply with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the 15th
day after the date of the enactment of this Act.
(c) Report to Congress.--The President shall submit to Congress,
not later than 18 months after the date of the enactment of this Act, a
report on trade relations between the United States and Cuba.
SEC. 7. PROHIBITION ON LIMITING ANNUAL REMITTANCES.
(a) In General.--Except as provided in subsection (b), the
Secretary of the Treasury may not limit the amount of remittances to
Cuba that may be made by any person who is subject to the jurisdiction
of the United States, and the Secretary shall rescind all regulations
in effect on the date of the enactment of this Act that so limit the
amount of those remittances.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments), or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity).
SEC. 8. REQUIREMENT TO REPORT TO CONGRESS PRIOR TO DENIAL OF FOREIGN
TAX CREDIT WITH RESPECT TO CERTAIN FOREIGN COUNTRIES.
(a) In General.--Subclause (II) of section 901(j)(2)(B)(i) of the
Internal Revenue Code of 1986 is amended by striking ``such country
becomes'' and inserting ``the date on which the President reports to
Congress that such country has been determined to be''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendment
made by this section shall apply to any determination regarding
whether a foreign country is described in subparagraph (A) of
section 901(j)(2) of the Internal Revenue Code of 1986 which is
made after the date of the enactment of this Act.
(2) Nonapplication to countries subject to denial of
foreign tax credit.--Nothing in this section, or the amendment
made by this section, shall be construed to alter, amend, or
otherwise affect the application of subsection (j) of section
901 of such Code to any country which has been determined to be
a country described in paragraph (2)(A) of such subsection on
or before the date of the enactment of this Act.
SEC. 9. EFFECTIVE DATE.
Except as provided in sections 6 and 8, this Act and the amendments
made by this Act shall take effect 60 days after the date of the
enactment of this Act. | United States-Cuba Trade Act of 2017 This bill repeals the embargo on trade with Cuba. The bill: (1) makes ineffective certain prohibitions on exports to Cuba; (2) extends nondiscriminatory treatment (normal trade relations) to Cuban products; (3) prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents or of any transactions incident to travel; and (4) repeals the President's authority to continue direct restrictions on trade with Cuba. The President shall: (1) conduct negotiations with Cuba on settling claims of U.S. nationals for the taking of property by the Cuban government, and (2) engage in bilateral dialogue with Cuba on securing the protection of internationally recognized human rights. The President may establish specified export controls and trade restrictions with respect to Cuba. The President may impose export controls and exercise certain emergency economic authorities with respect to Cuba only if there is an unusual threat to U.S. national security. The bill repeals: (1) the Cuban Democracy Act of 1992; (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996; (3) the prohibition against allocation of the annual sugar quota to a country unless such country verifies that it does not import Cuban sugar for reexport to the United States; (4) the prohibition on transactions or payments respecting certain U.S. intellectual property; and (5) restrictions on assistance to any independent state of the former Soviet Union that engages in trade with, or provides other support to, Cuba. Cuba is removed from the list of state sponsors of terrorism, subject to agricultural and medical export restrictions. Common carriers may provide telecommunications services, including installations and repairs, between the United States and Cuba. The Department of the Treasury may not limit the amount of remittances to Cuba that may be made by any person subject to U.S. jurisdiction. The Internal Revenue Code is amended to require the President to report to Congress on a country's status prior to the denial of foreign tax credits for certain foreign countries. | {"src": "billsum_train", "title": "United States-Cuba Trade Act of 2017"} | 3,153 | 439 | 0.562842 | 1.699293 | 0.726652 | 2.581218 | 6.527919 | 0.850254 |
SECTION 1. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN
NONATTAINMENT AREAS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN
NONATTAINMENT AREAS.
``(a) In General.--For purposes of section 38, in the case of an
eligible business the clean-fuel credit determined under this section
for the taxable year is the sum of--
``(1) the clean-fuel property credit, plus
``(2) the clean-burning fuel use credit.
``(b) Clean-Fuel Property Credit.--
``(1) In general.--The clean-fuel property credit is the
sum of--
``(A) qualified vehicle property costs, plus
``(B) qualified refueling property costs.
``(2) Qualified vehicle property costs.--
``(A) In general.--For purposes of paragraph (1),
the term `qualified vehicle property costs' means the
amount paid or incurred by the eligible business for
qualified clean-fuel vehicle property which is placed
in service during the taxable year by the eligible
business and substantially all of the use of which is
in a nonattainment area.
``(B) Limitation.--The amount which may be taken
into account under subparagraph (A) with respect to any
motor vehicle shall not exceed--
``(i) $2,000 in the case of a motor vehicle
not described in clause (ii) or (iii),
``(ii) $5,000 in the case of any truck or
van with a gross vehicle weight rating greater
than 10,000 pounds but not greater than 26,000
pounds, or
``(iii) $50,000 in the case of--
``(I) a truck or van with a gross
vehicle weight rating greater than
26,000 pounds, or
``(II) any bus which has a seating
capacity of at least 20 adults (not
including the driver).
``(C) Qualified clean-fuel vehicle property.--The
term `qualified clean-fuel vehicle property' shall have
the meaning given to such term by section 179A(c)
(without regard to paragraph (3) thereof), except that
such term does not include property that is a motor
vehicle propelled by a fuel that is not a clean-burning
fuel.
``(3) Qualified refueling property costs.--
``(A) In general.--For purposes of paragraph (1),
the term `qualified refueling property costs' means
amounts paid or incurred by the eligible business for
qualified clean-fuel vehicle refueling property (as
defined by section 179A(d)) which is placed in service
in a nonattainment area during the taxable year by the
eligible business.
``(B) Limitation.--
``(i) In general.--The aggregate cost which
may be taken into account under subparagraph
(A) with respect to qualified clean-fuel
vehicle refueling property placed in service by
the eligible business during the taxable year
at a location shall not exceed the lesser of--
``(I) $100,000, or
``(II) the cost of such property
reduced by the amount described in
clause (ii).
``(ii) Reduction for amounts previously
taken into account.--For purposes of clause
(i)(II), the amount described in this clause is
the sum of--
``(I) the aggregate amount taken
into account under paragraph (1)(B) for
all preceding taxable years, and
``(II) the aggregate amount taken
into account under section
179A(a)(1)(B) by the taxpayer (or any
related person or predecessor) with
respect to property placed in service
at such location for all preceding
taxable years.
``(iii) Special rules.--For purposes of
this subparagraph, the provisions of
subparagraphs (B) and (C) of section 179A(b)(2)
shall apply.
``(c) Clean-Burning Fuel Use Credit.--
``(1) In general.--For purposes of subsection (a), the
clean-burning fuel use credit is the amount equal to 50 cents
for each gasoline gallon equivalent of clean-burning fuel used
by an eligible business during the taxable year to propel qualified
clean-fuel vehicle property.
``(2) Clean-burning fuel.--For purposes of paragraph (1),
the term `clean-burning fuel' has the meaning given to such
term by section 179A, except that such term includes compressed
natural gas.
``(3) Gasoline gallon equivalent.--For purposes of
paragraph (1), the term `gasoline gallon equivalent' means,
with respect to any clean burning fuel, the amount (determined
by the Secretary) of such fuel having a Btu content of 114,000.
``(d) Other Definitions.--For purposes of this section--
``(1) Eligible business.--The term `eligible business'
means--
``(A) a qualified business entity or a qualified
proprietorship (as such terms are defined by section
1397C, determined by substituting `nonattainment area'
for `empowerment zone' and `enterprise zone' each place
it appears), and
``(B) a trade or business located outside of a
nonattainment area, but only with respect to qualified
clean-fuel vehicle property used substantially within a
nonattainment area.
``(2) Nonattainment area.--The term `nonattainment area'
shall have the meaning given to such term by section 171 of the
Clean Air Act (42 U.S.C. 7501)).
``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or credit is
allowed under any other provision of this chapter.''.
(c) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``, plus'', and
by adding at the end thereof the following new paragraph:
``(16) the clean-fuel credit determined under section
45G.''.
(d) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end thereof the following new subsection:
``(d) Zone Clean Fuels Expenses.--No deduction shall be allowed for
that portion of expenses for clean-burning fuel otherwise allowable as
a deduction for the taxable year which is equal to the amount of the
credit determined for such taxable year under section 45G.''.
(e) Credit Allowed Against Regular and Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of such Code
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (4) as paragraph (5) and by inserting
after paragraph (3) the following new paragraph:
``(4) Special rules for clean fuels credit.--
``(A) In general.--In the case of the clean fuels
credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) subparagraph (A) thereof
shall not apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the clean
fuels credit).
``(B) Clean fuels credit.--For purposes of this
subsection, the term `clean fuels credit' means the
credit allowable under subsection (a) by reason of
section 45G.''.
(2) Conforming amendments.--
(A) Subclause (II) of section 38(c)(2)(A)(ii) of
such Code is amended by striking ``or the New York
Liberty Zone business employee credit'' and inserting
``, the New York Liberty Zone business employee credit,
or the clean fuels credit''.
(B) Subclause (II) of section 38(c)(3)(A)(ii) of
such Code is amended by inserting ``or the clean fuels
credit'' after ``employment credit''.
(f) Limitation on Carryback.--Subsection (d) of section 39 of such
Code is amended by adding at the end the following new paragraph:
``(11) No carryback of clean fuels credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45G may be carried back to any taxable year ending
before the date of the enactment of section 45G.''.
(g) Deduction for Certain Unused Business Credits.--Subsection (c)
of section 196 of such Code is amended by striking ``and'' at the end
of paragraph (9), by striking the period at the end of paragraph (10)
and inserting ``, and'', and by adding after paragraph (10) the
following new paragraph:
``(11) the clean fuels credit determined under section
45G.''.
(h) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45F the following new
item:
``Sec. 45G. Clean-fuel credit with
respect to businesses located
in nonattainment areas.''.
(i) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2002. | Amends the Internal Revenue Code to establish a limited business credit relating to the use of clean-fuel vehicles by businesses within areas designated as nonattainment areas under the Clean Air Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a business credit relating to the use of clean-fuel vehicles by businesses within areas designated as nonattainment areas under the Clean Air Act."} | 2,281 | 42 | 0.537355 | 1.204292 | 0.510655 | 1.852941 | 59.205882 | 0.852941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Atchafalaya National Heritage Area
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Atchafalaya National Heritage Area established by section 3(a).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 3(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Louisiana.
SEC. 3. ATCHAFALAYA NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the
Atchafalaya National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the whole of
the following parishes in the State: St. Mary, Iberia, St. Martin, St.
Landry, Avoyelles, Pointe Coupee, Iberville, Assumption, Terrebonne,
Lafayette, West Baton Rouge, Concordia, and East Baton Rouge.
(c) Local Coordinating Entity.--
(1) In general.--The Atchafalaya Trace Commission shall be
the local coordinating entity for the Heritage Area.
(2) Composition.--The local coordinating entity shall be
composed of 13 members appointed by the governing authority of
each parish within the Heritage Area.
SEC. 4. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.
(a) Authorities.--For the purposes of developing and implementing
the management plan and otherwise carrying out this Act, the local
coordinating entity may--
(1) make grants to, and enter into cooperative agreements
with, the State, units of local government, and private
organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--The local coordinating entity shall--
(1) submit to the Secretary for approval a management plan;
(2) implement the management plan, including providing
assistance to units of government and others in--
(A) carrying out programs that recognize important
resource values within the Heritage Area;
(B) encouraging sustainable economic development
within the Heritage Area;
(C) establishing and maintaining interpretive sites
within the Heritage Area; and
(D) increasing public awareness of, and
appreciation for the natural, historic, and cultural
resources of, the Heritage Area;
(3) adopt bylaws governing the conduct of the local
coordinating entity; and
(4) for any year for which Federal funds are received under
this Act, submit to the Secretary a report that describes, for
the year--
(A) the accomplishments of the local coordinating
entity; and
(B) the expenses and income of the local
coordinating entity.
(c) Acquisition of Real Property.--The local coordinating entity
shall not use Federal funds received under this Act to acquire real
property or an interest in real property.
(d) Public Meetings.--The local coordinating entity shall conduct
public meetings at least quarterly.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--The local coordinating entity shall develop a
management plan for the Heritage Area that incorporates an integrated
and cooperative approach to protect, interpret, and enhance the
natural, scenic, cultural, historic, and recreational resources of the
Heritage Area.
(b) Consideration of Other Plans and Actions.--In developing the
management plan, the local coordinating entity shall--
(1) take into consideration State and local plans; and
(2) invite the participation of residents, public agencies,
and private organizations in the Heritage Area.
(c) Contents.--The management plan shall include--
(1) an inventory of the resources in the Heritage Area,
including--
(A) a list of property in the Heritage Area that--
(i) relates to the purposes of the Heritage
Area; and
(ii) should be preserved, restored,
managed, or maintained because of the
significance of the property; and
(B) an assessment of cultural landscapes within the
Heritage Area;
(2) provisions for the protection, interpretation, and
enjoyment of the resources of the Heritage Area consistent with
this Act;
(3) an interpretation plan for the Heritage Area; and
(4) a program for implementation of the management plan
that includes--
(A) actions to be carried out by units of
government, private organizations, and public-private
partnerships to protect the resources of the Heritage
Area; and
(B) the identification of existing and potential
sources of funding for implementing the plan.
(d) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the local coordinating entity shall
submit the management plan to the Secretary for approval.
(2) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this Act until a management plan for the Heritage
Area is submitted to the Secretary.
(e) Approval.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (d)(1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a
management plan under paragraph (1), the Secretary
shall--
(i) advise the local coordinating entity in
writing of the reasons for the disapproval;
(ii) make recommendations for revisions to
the management plan; and
(iii) allow the local coordinating entity
to submit to the Secretary revisions to the
management plan.
(B) Deadline for approval of revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(f) Revision.--
(1) In general.--After approval by the Secretary of a
management plan, the local coordinating entity shall
periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval by the Secretary, the recommendations of the
local coordinating entity for any revisions to the
management plan that the local coordinating entity
considers to be appropriate.
(2) Expenditure of funds.--No funds made available under
this Act shall be used to implement any revision proposed by
the local coordinating entity under paragraph (1)(B) until the
Secretary approves the revision.
SEC. 6. EFFECT OF ACT.
Nothing in this Act or in establishment of the Heritage Area--
(1) grants any Federal agency regulatory authority over any
interest in the Heritage Area, unless cooperatively agreed on
by all involved parties;
(2) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided for by law (including regulations)
in existence on the date of enactment of this Act;
(3) grants any power of zoning or land use to the local
coordinating entity;
(4) imposes any environmental, occupational, safety, or
other rule, standard, or permitting process that is different
from those in effect on the date of enactment of this Act that
would be applicable had the Heritage Area not been established;
(5)(A) imposes any change in Federal environmental quality
standards; or
(B) authorizes designation of any portion of the Heritage
Area that is subject to part C of title I of the Clean Air Act
(42 U.S.C. 7470 et seq.) as class 1 for the purposes of that
part solely by reason of the establishment of the Heritage
Area;
(6) authorizes any Federal or State agency to impose more
restrictive water use designations, or water quality standards
on uses of or discharges to, waters of the United States or
waters of the State within or adjacent to the Heritage Area
solely by reason of the establishment of the Heritage Area;
(7) abridges, restricts, or alters any applicable rule,
standard, or review procedure for permitting of facilities
within or adjacent to the Heritage Area; or
(8) affects the continuing use and operation, where located
on the date of enactment of this Act, of any public utility or
common carrier.
SEC. 7. REPORTS.
For any year in which Federal funds have been made available under
this Act, the local coordinating entity shall submit to the Secretary a
report that describes--
(1) the accomplishments of the local coordinating entity;
and
(2) the expenses and income of the local coordinating
entity.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 shall be
made available for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this Act shall be not more than 50
percent.
SEC. 9. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance to the local
coordinating entity under this Act terminates on the date that is 15
years after the date of enactment of this Act.
Passed the Senate September 15, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Atchafalaya National Heritage Area Act - Establishes the Atchafalaya National Heritage Area in Louisiana.
Designates the Atchafalaya Trace Commission as the local coordinating entity of such Area which shall develop and implement an Area management plan for the protection, interpretation, and enjoyment of such Area, subject to the Secretary of the Interior's approval.
Prohibits the use of Federal funds to acquire real property.
Authorizes appropriations. Limits Federal cost sharing to 50 percent. Terminates the Secretary's authority to provide assistance to the Commission 15 years after the enactment of this Act. | {"src": "billsum_train", "title": "A bill to establish the Atchafalaya National Heritage Area, Louisiana."} | 2,089 | 131 | 0.560507 | 1.49722 | 0.642969 | 2.442308 | 18.596154 | 0.923077 |
SECTION 1. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIVER PROJECTS.
(a) Definitions.--In this section:
(1) Apalachicola-Chattahoochee-Flint projects.--The term
``Apalachicola-Chattahoochee-Flint projects'' means the Federal
water resources projects on the Apalachicola, Chattahoochee,
and Flint Rivers in the States of Alabama, Florida, and Georgia
authorized by section 2 of the Act of March 2, 1945 (59 Stat.
17, chapter 19; 60 Stat. 635, chapter 595) and section 203 of
the Flood Control Act of 1962 (76 Stat. 1182), including--
(A) Buford Dam and Reservoir;
(B) West Point Dam and Reservoir;
(C) George W. Andrews Dam and Reservoir;
(D) Walter F. George Dam and Reservoir; and
(E) Jim Woodruff Dam and Reservoir.
(2) Freshwater flows.--The term ``freshwater flows'' means
the quality, quantity, timing, and variability of freshwater
flows required--
(A) to support and reestablish--
(i) the physical, chemical, biological, and
overall ecological integrity of the components,
functions, and natural processes required for a
thriving and resilient Chattahoochee River,
Apalachicola River, Apalachicola River
floodplain, and Apalachicola Bay;
(ii) commercial and recreational fisheries
dependent on freshwater flows into Apalachicola
Bay and adjacent waters, including the Gulf of
Mexico; and
(iii) thriving and diverse fish, wildlife,
and plant populations having species
composition, diversity, adaptability, and
functional organization similar to those found
in the Chattahoochee River and Apalachicola
River ecosystems prior to construction of the
Apalachicola-Chattahoochee-Flint projects;
(B) to restore and recover species that are
endangered, threatened, or at risk; and
(C) to prevent significantly harmful adverse
impacts to the Chattahoochee River and Apalachicola
River ecosystems.
(b) Project Modification.--Notwithstanding any authorized purpose
of the Apalachicola-Chattahoochee-Flint projects, the Secretary shall
operate the Apalachicola-Chattahoochee-Flint projects in a manner that
ensures the maintenance of freshwater flows.
(c) Revision of Water Control Manuals.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall complete the ongoing
revision of the water control manuals for the Apalachicola-
Chattahoochee-Flint projects and issue revised water control
manuals for those projects that ensure the maintenance of
freshwater flows.
(2) Operational modifications.--In carrying out paragraph
(1), the Secretary shall ensure that operational modifications
needed to maintain freshwater flows are achieved, to the
maximum extent practicable, while providing system-wide balance
in conservation storage through the maintenance of water levels
within the same action zone for each of the Apalachicola-
Chattahoochee-Flint project reservoirs.
(3) Independent peer review of water control manuals.--
(A) In general.--The Secretary shall enter into an
arrangement with the National Academy of Sciences under
which the National Academy of Sciences shall carry out
an independent peer review of each revised water
control manual, as required under section 2034 of the
Water Resources Development Act of 2007 (33 U.S.C.
2343).
(B) Compliance.--Each independent peer review under
this paragraph shall comply with section 2034 of the
Water Resources Development Act of 2007 (33 U.S.C.
2343).
(4) Final approval.--Before a final water control manual
may be issued, the Secretary shall obtain written approval of
each water control manual developed under this subsection
from--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Director of the United States Fish and
Wildlife Service;
(C) the Director of the National Oceanic and
Atmospheric Administration; and
(D) the Director of the United States Geological
Survey.
(d) Applicability of Other Federal and State Laws.--Except as
provided in subsection (b), nothing in this section waives, limits, or
otherwise affects the applicability of any provision of Federal or
State law that would otherwise apply to the Apalachicola-Chattahoochee-
Flint projects. | Directs the Department of the Army to operate the Apalachicola-Chattahoochee-Flint federal water resources projects on the Apalachicola, Chattahoochee, and Flint Rivers in Alabama, Florida, and Georgia in a manner that ensures the maintenance of freshwater flows. Defines "freshwater flows" to mean the quality, quantity, timing, and variability of freshwater flows required to: (1) support and reestablish the ecological integrity of the rivers, commercial and recreational fisheries dependent on freshwater flows into Apalachicola Bay and adjacent waters, and thriving and diverse fish, wildlife, and plant populations having species composition, diversity, adaptability, and functional organization similar to those found prior to construction of the Apalachicola-Chattahoochee-Flint projects; (2) restore and recover species that are endangered, threatened, or at risk; and (3) prevent significantly harmful adverse impacts to the Chattahoochee and Apalachicola River ecosystems. Requires the Army to: (1) complete the ongoing revision of the water control manuals for such projects and issue revised manuals that ensure the maintenance of freshwater flows; (2) ensure that operational modifications needed to maintain freshwater flows are achieved while providing system-wide balance in conservation storage through the maintenance of water levels within the same action zone for each of the project reservoirs; (3) enter into an arrangement for the National Academy of Sciences to carry out an independent peer review of each revised manual; and (4) obtain written approval from the Environmental Protection Agency, the U.S. Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, and the U.S. Geological Survey of each manual developed before a final manual may be issued. | {"src": "billsum_train", "title": "To direct the Secretary of the Army to provide for modification of certain Federal water resources development projects on the Apalachicola, Chattahoochee, and Flint Rivers, and for other purposes."} | 1,029 | 384 | 0.724763 | 2.562042 | 0.889707 | 4.802589 | 2.656958 | 0.951456 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Student Borrowers Act of
2013''.
SEC. 2. PURPOSE.
The purpose of this Act is to protect student borrowers by
requiring institutions of higher education to assume some of the risk
of default for student loans under part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.).
SEC. 3. INSTITUTIONAL REBATES TO THE DEPARTMENT OF EDUCATION FOR
DEFAULTED LOANS.
Section 454 of the Higher Education Act of 1964 (20 U.S.C. 1087d)
is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'';
(B) in paragraph (6) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) provide that the institution accepts the
institutional risk-sharing requirements under subsection (d),
if applicable.''; and
(2) by adding at the end the following:
``(d) Institutional Risk-Sharing for Student Loan Defaults.--
``(1) In general.--Subject to paragraph (3), each
institution of higher education participating in the direct
student loan program under this part for a fiscal year that has
a rate of participation in such program for all students
enrolled at that institution for such fiscal year that is 25
percent or higher shall remit, at such times as the Secretary
may specify, a risk-sharing payment based on a percentage of
the volume of student loans under this part that are in
default, as determined under paragraph (2).
``(2) Determination of risk-sharing payments.--Subject to
paragraph (3), with respect to each fiscal year, an institution
of higher education described in paragraph (1) that has a
cohort default rate (as defined in section 435(m))--
``(A) that is 30 percent or higher for the most
recent fiscal year for which data are available, shall
pay to the Secretary for the fiscal year an amount that
is equal to 20 percent of the total amount (including
interest and collection fees) of loans made under this
part to students that are in default;
``(B) that is lower than 30 percent but not lower
than 25 percent for the most recent fiscal year for
which data are available, shall pay to the Secretary
for the fiscal year an amount that is equal to 15
percent of the total amount (including interest and
collection fees) of loans made under this part to
students that are in default;
``(C) that is lower than 25 percent but not lower
than 20 percent for the most recent fiscal year for
which data are available, shall pay to the Secretary
for the fiscal year an amount that is equal to 10
percent of the total amount (including interest and
collection fees) of loans made under this part to
students that are in default; and
``(D) that is lower than 20 percent but not lower
than 15 percent for the most recent fiscal year for
which data are available, shall pay to the Secretary
for the fiscal year an amount that is equal to 5
percent of the total amount (including interest and
collection fees) of loans made under this part to
students that are in default.
``(3) Waiver and reduced risk-sharing payments.--
``(A) Waiver.--The Secretary shall waive the risk-
sharing payments described in paragraph (1) for an
institution described in paragraph (2)(D) that meets
the requirements of subparagraph (D).
``(B) Reduced risk-sharing payments.--If an
institution has in place a student loan management plan
described in subparagraph (D) that is approved by the
Secretary, the Secretary shall reduce the total annual
amount of risk-sharing payments as follows:
``(i) With respect to an institution with a
cohort default rate described in paragraph
(2)(A), the risk-sharing payment shall be in an
amount that is equal to 15 percent of the total
amount (including interest and collection fees)
of loans made under this part to students that
are in default.
``(ii) With respect to an institution with
a cohort default rate described in paragraph
(2)(B), the risk-sharing payment shall be in an
amount that is equal to 10 percent of the total
amount (including interest and collection fees)
of loans made under this part to students that
are in default.
``(iii) With respect to an institution with
a cohort default rate described in paragraph
(2)(C), the risk-sharing payment shall be in an
amount that is equal to 5 percent of the total
amount (including interest and collection fees)
of loans made under this part to students that
are in default.
``(C) Continuation of waiver or reduced payments.--
An institution that receives a waiver under
subparagraph (A) or a reduced risk-sharing payment
under subparagraph (B) may receive a waiver or reduced
payment for a subsequent fiscal year only if the
Secretary determines that the institution is making
satisfactory progress in carrying out the student loan
management plan described in subparagraph (D),
including evidence of the effectiveness of the
individualized financial aid counseling for students.
``(D) Student loan management plan.--An institution
that seeks a waiver or reduction of its risk-sharing
payment, shall develop and carry out a student loan
management plan that shall include an analysis of the
risk factors correlated with higher student loan
defaults that are present at the institution and
actions that the institution will take to address such
factors. Such plan shall include individualized
financial aid counseling for students and strategies to
minimize student loan default and delinquency.
``(E) Waiver or reduction for certain
institutions.--In addition to the other risk-sharing
payment waivers and reductions described in this
paragraph, the Secretary may waive or reduce risk-
sharing payments if--
``(i) an institution is eligible under--
``(I) part A or part B of title
III; or
``(II) title V; and
``(ii) the Secretary determines that--
``(I) the institution is making
satisfactory progress in carrying out
the institution's student loan
management plan described under
subparagraph (D); and
``(II) granting a waiver or
reduction of risk-sharing payments
would be in the best interest of
students at the institution.
``(4) Prohibition.--An institution of higher education
shall not deny admission or financial aid to a student based on
a perception that such student may be at risk for defaulting on
a loan made under this part.
``(5) Fund for the deposit of risk-sharing payments.--
``(A) In general.--There is established in the
Treasury of the United States a separate account for
the deposit of risk-sharing payments collected under
this subsection. The Secretary shall deposit any
payments collected pursuant to this subsection into
such fund.
``(B) Use of funds.--Of the amounts in the fund
described in subparagraph (A), for each fiscal year--
``(i) not more than 50 percent of such
amounts shall be made available to the
Secretary to enter into contracts or
cooperative agreements for delinquency and
default prevention or rehabilitation under
section 456(d); and
``(ii) the Secretary shall reserve the
remainder of such amounts for a Federal Pell
Grant fund that shall be used to offset any
future shortfalls in funding under the Federal
Pell Grant program.
``(6) Applicability.--The Secretary shall carry out this
subsection beginning with the cohort default rate for the 2014
cohort. The 2014 cohort shall include current and former
students who enter repayment in fiscal year 2014.
``(7) Report to congress.--The Secretary shall report on an
annual basis 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 the following
information:
``(A) A list of institutions that have been subject
to risk-sharing payments in the previous year.
``(B) The required risk-sharing payment from such
institutions.
``(C) The amount of risk-sharing payments collected
from such institutions.
``(D) A list of the institutions that have received
waivers from the risk-sharing payment and the reason
for such waiver.
``(E) A list of the institutions that have received
reductions in the required risk-sharing payment.
``(F) The use of funds deposited from risk-sharing
payments, including a list of any contracts or
cooperative agreements for delinquency and default
prevention or rehabilitation and the amount reserved
for the Federal Pell Grant program.''.
SEC. 4. CONTRACTS AND COOPERATIVE AGREEMENTS.
Section 456 of the Higher Education Act of 1965 (20 U.S.C. 1087f)
is amended by adding at the end the following:
``(d) Contracts and Cooperative Agreements for Delinquency and
Default Prevention and for Default Rehabilitation.--The Secretary may
enter into contracts or cooperative agreements for--
``(1) statewide or institutionally based programs for the
prevention of Federal student loan delinquency and default at
institutions of higher education that--
``(A) have a high cohort default rate as defined
under section 435(m); or
``(B) serve large numbers or percentages of student
loan borrowers who have a risk factor associated with
higher default rates on Federal student loans under
this title, such as coming from a low-income family,
being a first generation postsecondary education
student, not having a secondary school diploma, or
having previously defaulted on, and rehabilitated, a
loan made under this title; and
``(2) increasing the number of borrowers who successfully
rehabilitate defaulted loans.''.
SEC. 5. FINANCIAL RESPONSIBILITY.
Section 498(c)(1) of the Higher Education Act of 1965 (20 U.S.C.
1099c(c)(1)) is amended by striking subparagraph (C) and inserting the
following:
``(C) to meet all of its financial obligations,
including institutional risk-sharing payments, refunds
of institutional charges, and repayments to the
Secretary for liabilities and debts incurred in
programs administered by the Secretary.''. | Protect Student Borrowers Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) participating in the William D. Ford Federal Direct Loan program to accept specified risk-sharing requirements. Requires an IHE, for any fiscal year in which at least 25% of the IHE's student body is participating in the Direct Loan program, to remit, at such times as the Secretary of Education specifies, a risk-sharing payment set at: 20% of the total amount of its defaulted Direct loans if its cohort default rate is 30% or higher, 15% of the total amount of its defaulted Direct loans if its cohort default rate is lower than 30% but not lower than 25%, 10% of the total amount of its defaulted Direct loans if its cohort default rate is lower than 25% but not lower than 20%, and 5% of the total amount of its defaulted Direct loans if its cohort default rate is lower than 20% but not lower than 15%. Directs the Secretary to make specified modifications to such risk-sharing requirements if an IHE develops and implements a student loan management plan that is approved by the Secretary. Requires that plan to include individualized financial aid counseling for students and strategies to minimize student loan default and delinquency. Allows the Secretary to waive or reduce an IHE's risk-sharing payments in certain other instances. Prohibits IHEs from denying admission or financial aid to a student based on a perception that the student may be at risk for defaulting on a Direct loan. Authorizes the Secretary to enter into contracts or cooperative agreements for: (1) statewide or institutionally-based programs for the prevention of federal student loan delinquency and default at IHEs that have a high cohort default rate or serve large numbers or percentages of students who have a higher risk of defaulting on student loans under title IV, and (2) increasing the number of borrowers who successfully rehabilitate defaulted loans Establishes a separate account in the Treasury for the deposit of the risk-sharing payments, of which: (1) up to 50% are to be used by the Secretary to enter into the contracts or cooperative agreements for delinquency and default prevention or rehabilitation, and (2) the remainder are to be used to offset any future shortfalls in funding under the Federal Pell Grant program. Makes an IHE's ability to meet its obligation to make risk-sharing payments part of the determination of its eligibility to participate in title IV programs. | {"src": "billsum_train", "title": "Protect Student Borrowers Act of 2013"} | 2,258 | 558 | 0.624831 | 2.02301 | 0.753412 | 3.264344 | 4.432377 | 0.879098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Establish State High Air
Quality (FrESH AIR Quality) Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) on August 27, 2003, the United States Environmental
Protection Agency (EPA) finalized revisions to the new source
review regulations under the Clean Air Act excluding from
review equipment changes involving fixed capital costs and
repair costs that are 20 percent or less of the total
replacement value of the affected process unit;
(2) there are serious concerns about the expected air
pollution consequences of the revisions to the new source
review regulations and it is estimated that 17,000 industrial
facilities nationwide are affected by the regulatory revisions;
(3) in a report dated August 22, 2003, the United States
General Accounting Office found that EPA has relied on
anecdotal information from the industries most affected by the
new source review program to support its conclusion that the
program discouraged some energy efficiency projects because the
Agency lacked more comprehensive data;
(4) the National Academy of Public Administrators, an
independent, nonpartisan organization chartered by Congress to
improve government, issued an April 21, 2003 report examining
the new source review program and recommended that efforts to
reform the program should ensure both that new source review
provides enhanced protection of health and the environment and
should carefully avoid creating even broader loopholes or more
exemptions from the program's requirements;
(5) the EPA's August 27, 2003 final revisions to the new
source review regulations require adoption by states, Indian
tribes or municipalities having approved new source review
programs within three years and will automatically apply within
60 days of publication of the final revisions in states, Indian
tribes and municipalities not having an approved program;
(6) the State and Territorial Air Pollution Program
Administrators and the Association of Local Air Pollution
Control Officials have stated that states and local governments
should be allowed to make their own choices regarding the
adoption of EPA's revisions to the new source review program
based upon the state's or locality's own judgment of what will
best serve its local air quality needs; and
(7) States, Indian tribes, municipalities, and air
pollution control agencies should not be required to implement
EPA's August 27, 2003 new source review revisions if they
consider that the result would be to lessen the protection of
public health or the environment.
(b) Purpose.--The purpose of this Act is to preserve the ability of
states, Indian tribes, municipalities, and air pollution control
agencies to protect the public health and the environment by affording
them discretion as to whether or not to implement the August 27, 2003
new source review revisions.
SEC. 3. PRESERVATION OF STATE AND TRIBAL AUTHORITY.
(a) Prohibitions.--(1) No State, Indian tribe, municipality, or air
pollution control agency shall be required to implement or to have
implemented in their jurisdiction, the Environmental Protection
Agency's August 27, 2003 new source review revisions.
(2) No revision of a Federal implementation plan pursuant to the
August 27, 2003 new source review revisions shall take effect until the
affected State, Indian tribe, municipality, or air pollution control
agency notifies the Environmental Protection Agency that it agrees to
such revision.
(3) Failure of a State, Indian tribe, municipality, or air
pollution control agency to implement the August 27, 2003 new source
review revisions, or to consent to revision of a Federal implementation
plan pursuant to the August 27, 2003 new source review revisions, shall
not subject such State, tribe, municipality, or agency to sanctions,
the revocation of an approved state implementation plan under the Clean
Air Act, or imposition of a new or revised Federal implementation plan
under the Clean Air Act.
(b) Definitions.--For purposes of this Act:
(1) The terms ``air pollution control agency'', ``State'',
``municipality'', and ``Indian tribe'' shall have the same
meaning as provided in subsections (b), (d), (f), and (r) of
section 302 of the Clean Air Act (42 U.S.C. 7602(b), (d), (f),
and (r)).
(2) The term ``August 27, 2003 new source review
revisions'' means the exclusion to the new source review
requirements under the Clean Air Act entitled ``Prevention of
Significant Deterioration (PSD) and Nonattainment New Source
Review (NSR): Equipment Replacement Provision of the Routine
Maintenance, Repair and Replacement Exclusion'' promulgated by
the Environmental Protection Agency on August 27, 2003.
(3) The term ``Federal implementation plan'' shall have the
same meaning as provided in subsection (c)(1) of section 110 of
the Clean Air Act (42 U.S.C. 7410(c)(1)) and subsection (y) of
section 302 of the Clean Air Act (42 U.S.C. 7602(y)).
(c) Effect of Act.--Nothing in this Act affects the retention of
State authority under section 116 of the Clean Air Act (42 U.S.C.
7416). | Freedom to Establish State High Air Quality (FrESH AIR Quality) Act - Retains to States, Indian tribes, municipalities, and air pollution control agencies the right to decide whether or not to implement the Environmental Protection Agency's (EPA's) August 27, 2003 new source review revisions. | {"src": "billsum_train", "title": "To preserve the ability of States, Indian tribes, municipalities, and air pollution control agencies to protect the public health and the environment by affording them discretion as to whether or not to implement new source review revisions promulgated by the Environmental Protection Agency on August 27, 2003."} | 1,125 | 66 | 0.644467 | 1.765108 | 0.983443 | 6.236364 | 19.181818 | 0.927273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Earmark Reform Commission
Act of 2008''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Bipartisan
Earmark Reform Commission'' (hereinafter in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The duties of the Commission shall be to--
(1) develop a clear definition of what constitutes an
earmark;
(2) consider all policy implications of earmarks,
including--
(A) the general history and trends in legislative
earmarks, including changes in the numbers and sizes of
earmarks;
(B) the policy effects of these earmark trends;
(C) the extent to which for-profit companies
receive legislative earmarks;
(D) whether there are disparities between the
Members, districts, States, or regions receiving
legislative earmarks;
(E) the impacts of legislative earmarks on the
overall budget and whether there are any effects on
specific departments, agencies, initiatives, or issue
areas;
(F) whether a merit-based or competitive
application process similar to what is used in grant
funding could be adapted for use in legislative
earmarks;
(G) whether the current system of disclosure for
legislative earmarks is sufficient for purposes of
public transparency;
(H) the extent to which the executive branch
engages in earmarking, analyzed by number and size of
earmarks;
(I) whether there are any disparities between the
Members, districts, States, or regions receiving
executive earmarks; and
(J) the extent to which earmarked projects are
named after current or retired members of Congress (or
family members thereof) or executive branch officials
(or family members thereof).
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 12
members appointed as follows:
(1) Three members appointed by the Speaker.
(2) Two members appointed by the House minority leader.
(3) Three members appointed by Senate majority leader.
(4) Two members appointed by Senate minority leader.
(5) Two members appointed by the President.
(b) Political Affiliation.--Of the members appointed by each
appointing authority described in subsection (a) who is a Member of
Congress, one appointed by each such Member shall be a Member of
Congress.
(c) Chair and Co-Chair.--The President shall designate a
chairperson and a co-chairperson of the Commission from the members
appointed under subsection (a), one of whom shall be a Republican and
one of whom shall be a Democrat.
(d) Continuation of Membership.--If a member was appointed to the
Commission as a Member of Congress and the member ceases to be a Member
of Congress, that member shall cease to be a member of the Commission.
(e) Meetings.--The Commission shall meet upon the call of the
chairperson or a majority of its members.
(f) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director.--
(1) In general.--Subject to subsection (c) and to the
extent provided in advance in appropriation Acts, the
Commission shall appoint and fix the pay of a director.
(2) Duties.--The director of the Commission shall be
responsible for the administration and coordination of the
duties of the Commission and shall perform other such duties as
the Commission may direct.
(b) Staff.--In accordance with rules agreed upon by the Commission,
subject to subsection (c), and to the extent provided in advance in
appropriation Acts, the director may appoint and fix the pay of
additional personnel.
(c) Applicability of Certain Civil Service Laws.--The director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
pay fixed under subsection (a) may not exceed $150,000 per year and pay
fixed under subsection (b) may not exceed a rate equal to the daily
equivalent of the annual rate of basic pay for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(d) Detailee.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of their
regular employment without interruption.
(e) Experts and Consultants.--In accordance with rules agreed upon
by the Commission and to the extent provided in advance in
appropriation Acts, the director may procure the services of experts
and consultants under section 3109(b) of title 5, United States Code,
but at rates not to exceed the daily equivalent of the annual rate of
basic pay for level V of the Executive Schedule under section 5316 of
title 5, United States Code.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission may, for the purpose of
carrying out this Act, hold such hearings in addition to the town hall
style public hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take under this section.
(c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(e) Contract Authority.--To the extent provided in advance in
appropriation Acts, the Commission may enter into contracts to enable
the Commission to discharge its duties under this Act.
SEC. 7. REPORTS.
The Commission shall transmit a report to the President and the
Congress not later than six months after its establishment. The report
shall contain a detailed statement of the findings and conclusions of
the Commission, together with its recommendations for legislation and
administrative actions to reform the legislative and executive earmark
processes.
SEC. 8. TERMINATION.
The Commission shall terminate 30 days after submitting its final
report pursuant to section 7.
SEC. 9. CONGRESSIONAL CONSIDERATION OF LEGISLATION RECOMMENDED BY THE
COMMISSION.
Not later than 60 legislative days after submission of the
Commission's report to Congress pursuant to section 7, the majority
leader of the House of Representatives and the majority leader of the
Senate shall introduce (by request) the legislation set forth in such
report. | Bipartisan Earmark Reform Commission Act of 2008 - Establishes the Bipartisan Earmark Reform Commission to: (1) develop a clear definition of what constitutes an earmark; and (2) report findings, conclusions, and recommendations to the President and Congress.
Requires the Majority Leaders of the House of Representatives and of the Senate to introduce (by request) the legislation recommended in the report. | {"src": "billsum_train", "title": "To establish the Bipartisan Earmark Reform Commission."} | 1,594 | 88 | 0.579659 | 1.406832 | 0.779747 | 4.30137 | 19.780822 | 0.958904 |
findings and declaration of policy
Sec. 2. The Congress hereby finds that the security and welfare of
the United States requires that this and future generations of American
youth be assured ample opportunity for the fullest development of their
intellectual capacities, and that this opportunity will be jeopardized
unless the financial barrier against youth of college ability obtaining
a higher education can be overcome. It shall be the policy of the
United States that no high school graduate who can secure admission to
an institution of higher education shall be denied an opportunity to
attend such institution as a result of inadequate financial resources
and that it is incumbent upon the Nation to take positive and immediate
action to meet these needs through a program providing loans for young
people who need financial assistance for post high school education or
training.
TITLE I--LOANS FOR COLLEGE STUDENTS
agreements with institutions
Sec. 101. (a) The Secretary of Education is authorized to enter
into an agreement with any institution of higher education which
desires to participate in a program making financial loans to students.
Such payments to institutions shall be made during the period beginning
October 1, 1993, and ending September 30, 1999, but no such loan shall
cover any period after September 30, 2000.
(b) An agreement between the Secretary and an institution of higher
education for making such loans shall--
(1) provide that funds paid to the institution under this
Act will be used solely to make loans to students in such
institution;
(2) provide that (A) no loan made to a recipient under this
Act will cover more than two academic years, and (B) the amount
of each such loan will be determined in the case of each
recipient thereof with respect to each academic year in which
such recipient receives such a loan, except that no such
recipient shall receive more than $6,000 under the provisions
of this Act in any academic year of undergraduate enrollment;
or $8,500 in any academic year of graduate enrollment;
(3) provide that the average loan per recipient for
undergraduate students shall not exceed $4,500 and for graduate
students shall not exceed $6,000 per academic year and shall be
reduced proportionately for those students enrolled in such
institution on less than a full-time basis;
(4) provide that payments under such loan will continue
only during such periods as the recipient is in good standing
at the institution;
(5) provide that each recipient of such a loan for the
first and second academic years of undergraduate study must be
selected solely on the basis of his being (A) capable of doing
at least satisfactory academic work in the course of study
which he will pursue in such institution, (B) in need of the
amount of such loan in order to pursue a course of study in
such institution and without reasonable expectation of
obtaining grant assistance from any other source sufficient to
enable him to undertake such course of study, and (C) of good
character, with an earnest desire to obtain an education at an
institution of higher education;
(6) provide that at the completion of the second academic
year, if such recipient has maintained good standing during the
first and second academic years and would be unable to pursue a
course of study in such institution during the third and fourth
academic years without such a loan, the institution in which
such recipient enrolls for the third academic year is
authorized to award an additional loan for the third and fourth
academic years;
(7) include such provisions and be supported by such
assurances as the Secretary may determine to be necessary to
assure that there will be no reduction of the amount of student
financial assistance offered by the institution from its own
resources as a result of participation in the program under
this Act;
(8) include such other provisions as the Secretary may
determine to be necessary to protect the financial interest of
the United States and promote the purposes of this Act and as
are agreed to by the Secretary and the institution;
(9) provide that the institution will secure the proper
execution of such documents by a recipient of a loan as are
necessary to assure repayment of such loans in accordance with
the provisions of section 103 of this Act;
(10) provide that the liability to repay any such loan
shall be cancelled upon the death of the borrower or if he
becomes permanently and totally disabled; and
(11) provide that such a loan by an institution for any
year shall be made in such installments as will reasonably
protect against the disbursement of funds to cover expenses for
any period after a recipient of a loan has failed to maintain a
satisfactory standing at such institution.
payments to institutions
Sec. 102. (a) Sums appropriated under this Act for any fiscal year
shall be available in accordance with agreements between the Secretary
and the institution of higher education for payment of contributions
which together with the repayment of loans to the institutions shall be
used for the establishment and maintenance of a Federal student loan
fund at each institution. The Federal contribution to an institution
shall be paid to it from time to time in such sums as the Secretary
shall determine will not result in unnecessary accumulation in the
Federal student loan fund of such institution established pursuant to
this Act. Payments allotted to such institutions for loans for graduate
students shall not be used to provide loans for undergraduate students
and payments made to provide loans for undergraduate students shall not
be used to provide loans for graduate students.
(b) If the amount appropriated for any fiscal year is less than the
aggregate of amounts authorized to be paid under subsection (a) for
such year, the amount authorized to be paid under such subsection to
each institution of higher education with which the Secretary has an
agreement under the Act shall be reduced in proportion to the student
enrollments in each institution for such year so that the aggregate of
such amounts does not exceed the amount appropriated for such year.
repayments of loans
Sec. 103. Each year beginning with the second taxable year that a
scholar who received a loan under this Act is no longer a bona fide
students of an accredited institution of higher education and working
toward a degree, the recipient shall pay to the Secretary a sum equal
to 5 per centum of his personal net taxable income, as defined or
determined by section 63 of the 1986 Internal Revenue Code, as amended,
from sources other than pay for military service. Said sums to be paid
each year until the total of the sums received by the student without
interest is repaid. The Secretary shall issue such regulations as are
reasonably necessary to assure receipt of necessary documents and
information to secure such payments and such required documents and
assurances shall be secured prior to payment of an individual loan.
The recipient shall be given an alternative of repaying each year
10 per centum of the total of the sums received by the student and such
payments shall begin with the second calendar year in which the student
is no longer a bona fide student of an accredited institution of higher
education for a period of six or more months and working toward a
degree.
Any sums due and unpaid shall bear interest compounded annually at
the annual rate the Secretary determines to be 2 per centum more than
the average interest rate paid on new issues of obligations of the
United States for each calendar year such sums are due and owing.
appropriations
Sec. 104. In order to carry out the provisions of this Act, there
are hereby authorized to be appropriated such sums as may be necessary
to effectuate the purposes of this Act for fiscal year 1994 and each
fiscal year thereafter through fiscal year 1999. Sums appropriated
pursuant to the preceding sentence for fiscal years shall remain
available for the award of financial assistance loans under this Act
until the close of the fiscal year succeeding the fiscal year for which
they were appropriated.
TITLE II--DEFINITIONS AND OTHER PROVISIONS APPLICABLE TO ENTIRE ACT
definitions
Sec. 201. As used in this Act--
(a) The term ``institution of higher education'' means a pubic or
other nonprofit educational institution in any State which--
(1) admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent of such a certificate;
(2) is legally authorized within such State to provide a
program of education beyond high school;
(3) provides an educational program for which it awards a
degree, or provides not less than a two-year program which is
acceptable for full credit toward such a degree; and
(4) is accredited by a nationally recognized accrediting
agency or association listed by the Secretary pursuant to this
paragraph or, if not so accredited, is an institution whose
credits are accepted, on transfer, by not less than three
institutions which are so accredited, for credit on the same
basis as if transferred from an institution so accredited or is
an institution which the Secretary determines provides an
educational program at least equal to the program provided by
at least three accredited institutions. For the purposes of
this paragraph the Secretary shall publish a list of nationally
accrediting agencies or associations which he determines to be
reliable authorities as to the quality of education or training
offered.
(b) The term ``high school'' does not include any grade beyond
grade 12.
(c) The term ``nonprofit educational institution'' means an
educational institution owned and operated by one or more corporations
or associations no part of the net earnings of which inures, or may
lawfully inure, to the benefit of any private shareholder or
individual.
(d) The term ``public educational institution'' does not include a
school or institution of any agency of the United States.
(e) The term ``State'' includes, in addition to the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, and American Samoa.
(f) the term ``Secretary'' means the United States Secretary of
Education.
federal administration
Sec. 202. (a) The Secretary may delegate any of his functions under
this Act, except the making of regulations, or determining the
accrediting of institutions to any officer or employee of the
Department of Education.
(b) In administering the provisions of this Act for which he is
responsible, the Secretary is authorized to utilize the services and
facilities of any agency of the Federal Government and of any other
public or nonprofit agency or institution in accordance with
appropriate agreements, and to pay for such services either in advance
or by way of reimbursement, as may be agreed upon.
(c) The Secretary, may appoint one or more advisory committees to
advise and consult with the Secretary with respect to the
administration of any of his functions under this Act. Members of any
such committee, while attending conferences or meetings of the
committee, shall be entitled to receive compensation at a rate to be
fixed by the Secretary but not to exceed $150 per diem, and while away
from their homes or regular places of business they may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by law (5 U.S.C. 5703) for persons in the Government service
employed intermittently. The provisions of General Education Provisions
Act shall apply to members of such committees.
method of payment to institutions
Sec. 203. Payments under this Act to any individual or to any State
or Federal agency, institution of higher education, or any other
organization, may be made in installments, and in advance or by way of
reimbursement, and with necessary adjustments on account of
overpayments or underpayments.
administrative appropriations authorized
Sec. 204. There are hereby authorized to be appropriated for the
fiscal year ending September 30, 1994, and for each fiscal year
thereafter through fiscal year 1999, such sums as may be necessary for
the cost of administering the provisions of this Act.
Sec. 205. Nothing contained in this Act shall be construed as
authorizing a department, agency, officer, or employee of the United
States to exercise any direction, supervision, or control over, or
impose any requirements or condition with respect to, the personnel,
curriculum, methods of instruction, or administration of any
educational institution.
TITLE III--NATIONAL STUDY
Sec. 301. (a) The Secretary shall undertake a study to determine
the extent to which the provisions of this Act can reasonably replace
various other Federal grants or assistance programs.
(b) The Secretary shall submit a report of his findings made
pursuant to the study carried out under this section, together with
such recommendations as he may deem appropriate, to the President and
the Congress within two years after the date of the enactment of this
section.
Sec. 302. This Act shall be cited as the ``Federal Student Loan
Act''. | Federal Student Loan Act -
Title I: Loans for College Students
- Authorizes the Secretary of Education to enter into agreements with institutions of higher education for a program of student loans. Provides for payments to such institutions during FY 1992 through 1997, for student loans to cover periods through FY 1998.
Sets forth the terms of such agreements, including maximum individual and average amounts of such loans per academic year ($4,000 individual and $3,250 average for undergraduates; $5,500 individual and $4,000 average for graduate students).
Provides that payments to institutions be used for the establishment and maintenance of separate Federal student loan funds for graduate and undergraduate students at such institutions.
Authorizes appropriations.
Title II: Definitions and Other Provisions Applicable to Entire Act
- Sets forth the manner of Federal administration of such program (including the appointment of advisory committees by the Secretary) and the method of payment to institutions. Authorizes appropriations.
Title III: National Study
- Directs the Secretary to study, and to report to the President and the Congress on, the extent to which the provisions of this Act can reasonably replace various other Federal grants or assistance programs. | {"src": "billsum_train", "title": "Federal Student Loan Act"} | 2,640 | 245 | 0.572513 | 1.594325 | 0.81691 | 2.721739 | 11.447826 | 0.852174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Serve Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to article I, section 8 of the United States
Constitution, Congress has the power to raise and support
armies and to provide and maintain a navy; and to make all laws
necessary and proper to carry out these powers.
(2) The First Amendment states: ``Congress shall make no
law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or
of the press; or the right of the people to peaceably assemble,
and to petition the government for a redress of grievances.''.
(3) According to the United States Supreme Court, the right
to peaceable assembly is a right similar to those of free
speech and free press and is equally essential. (De Jonge v.
Oregon).
(4) The key word being ``peaceably'', the First Amendment
protects peaceful, not violent, assembly and protest.
(5) The successful recruiting of men and women to serve in
the armed services of the United States is fundamental to the
security of the American people.
(6) Serving in the military is highly honorable, and often
requires great sacrifice and courage by the men and women of
our armed services.
(7) United States military recruiters have been subject to
an escalating number of acts of vandalism and violent protest,
including but not limited to:
(A) March 2003: Anti-war protestors in Ithaca, NY,
target a recruitment center that had been hit before
with Molotov cocktails. On St. Patrick's Day, wielding
cups of their own blood, they entered a Lansing
military recruitment office and splashed their blood
over recruiter posters, military cutouts and the
American flag.
(B) January 20, 2005: At Seattle Central Community
College, Army recruiter Sgt. Jeff Due and his colleague
Sgt. 1st Class Douglas Washington were hounded by an
angry mob of approximately 500 anti-war students. The
recruiters' table was destroyed; their handouts, torn
apart. Protesters threw water bottles and newspapers at
the soldiers. A far-left anti-war group had been
agitating to kick the recruiters off campus. The
college administration refused to punish the radicals.
(C) January 31, 2005: Recruiters in Manhattan
reported that a door to their office had been beaten
in. Various anti-war symbols were scrawled in red paint
on the building. On the same day, New York police
arrested a young Manhattan College junior and charged
him with throwing a burning rag into an Army recruiting
station and ruining the door locks with super glue.
(D) February 1, 2005: At a South Toledo, Ohio,
recruitment center, protesters hurled manure all over
the building. They broke windows and sprayed vulgar
graffiti on office property.
(E) March 2005: In East Orange, NJ, young anti-
military protesters shattered the windows of an Army
recruitment station and a neighboring Navy office.
(F) March/April 2005: Anti-war protestors at New
York's Bronx Community College shut down several
military recruitment sessions. At UC Santa Cruz,
protestors drove recruiters off campus after an hour-
long demonstration of shouting and window banging.
(G) May 2005: Student protestors swarmed the booths
of the U.S. Army Corps of Engineers and the USAF at a
San Francisco State University career fair. In
Wisconsin, an Air Force ROTC information day was
canceled due to threats by an anti-war group at the
University of Wisconsin-Madison.
(H) April 2006: UC Santa Cruz students ambushed
military recruiters. Vandals at the University of North
Carolina at Chapel Hill tossed cans of red paint in
front of an ROTC office and spray-painted vulgarities
all over its doors. University of Minnesota students
splattered red paint all over an Army recruiting
station.
(I) December 2006: Protesters in Lawrence, Kansas
crippled business at an Army/Navy recruitment center,
where workers' car tires were slashed and bomb-proof
glass had to be installed.
(J) January 2007: Pittsburgh protestors shut down a
recruitment station for a day, wielding signs calling
recruiters ``child predators''.
(K) March 2007: Vandals broke into a Milwaukee
recruitment station wielding crowbars.
(L) July 2007: A protestor in Bremerton, Wash.,
slashed tires of Army recruiting vehicles to protest
the Iraq war because he ``hated the military''. In
Maryland, vandals smashed a Rockville Air Force career
center. In Lufkin, Texas, Navy recruiters were the
targets of vandals who keyed their cars, smashed their
windows and shot at their vehicles with ``what appeared
to be a high-powered pellet gun''.
(M) August 2007: In Stamford, Conn., a protestor
twice left a fake bomb package at a military
recruitment office.
(N) September 2007: An anti-war group calls on
followers to commit fraud to interfere with military
recruiters. Anti-war protestors shut down the Times
Square recruitment station.
(O) October 2007: An anti-war group defaces the
Berkeley recruitment office.
(P) January 2008: Protesters chain themselves to
the Berkeley recruiting center to shut it down, and
vandalize the windows with bloody handprints and signs
branding recruiters ``death pimps''.
(Q) February 2008: Vandals trash the recruiting
station at 14th and L Streets in Washington, DC, which
has been subjected to multiple attacks.
(R) March 2008: A bomb goes off at the Times Square
recruitment station.
(8) In the face of escalating threats against military
recruiters and facilities, Congress must take steps to increase
protection of military recruiters and those who wish to serve
their country in uniform.
SEC. 3. INTERFERENCE WITH MILITARY RECRUITING.
(a) Offense.--Chapter 67 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1389. Interfering with military recruiting
``(a) Whoever--
``(1) by force or threat of force or by physical
obstruction, injures, intimidates or interferes with or
attempts to injure, intimidate or interfere with any person
because that person is or has been providing Federal or State
military recruiting services;
``(2) by force or threat of force or by physical
obstruction, injures, intimidates or interferes with or
attempts to injure, intimidate or interfere with any person
lawfully exercising or seeking to exercise their right to
inquire about or volunteer for service in the active or reserve
armed services of the United States or the National Guard of
any State; or
``(3) intentionally damages or destroys the property of a
facility, or attempts to do so, because such facility houses or
hosts military recruiting services;
shall be punished as provided in subsection (b).
``(b) The punishment for an offense under this section is--
``(1) in the case of a first offense, a fine under this
title or imprisonment for not more than one year, or both; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, a fine under this title or
imprisonment for not more than 3 years, or both.
``(c) In this section--
``(1) the term `facility' includes the building or
structure in which recruiting is conducted;
``(2) the term `interfere with' means to restrict any
person's ability or freedom to easily enter or leave a
recruiting office;
``(3) the term `intimidate' means to place a person in
reasonable apprehension of bodily harm to that person or to
another;
``(4) the term `physical obstruction' means rendering
impassable entrance into or exiting from a facility that
provides military recruiting services, or rendering passage to
or from such a facility unreasonably difficult or hazardous;
``(5) the term `military recruiting services' means the
provision by representatives of the Government or of the armed
services, to individuals who might wish to serve in the armed
services, of information about military service, assistance in
selecting a branch of military service, enlistment information,
or any other necessary assistance needed to join the armed
services of the United States; and
``(6) the term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 67 of title 18, United States Code, is amended by adding at the
end the following new item:
``1389. Interfering with military recruiting.''.
(c) Direction to Sentencing Commission.--The United States
Sentencing Commission, in establishing or amending sentencing
guidelines with respect to offenses under the section added to title 18
by this Act, shall consider the threat posed to national security and
the national defense by these offenses an aggravating factor so that
the base levels for punishment for these offenses is greater than those
for otherwise similar offenses. | Freedom to Serve Act of 2008 - Amends the federal criminal code to impose criminal penalties for: (1) using force or the threat of force or physical obstruction to injure, intimidate or interfere with anyone providing federal or state military recruiting services or anyone seeking to inquire about or volunteer for military service in the active or reserve Armed Forces or the National Guard of any state; or (2) intentionally damaging or destroying facilities that house or host military recruiting services. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to prohibit certain forms of interference with military recruiting."} | 2,094 | 96 | 0.387263 | 1.172541 | 0.488681 | 3.05618 | 21.730337 | 0.853933 |
SECTION 1. CREDIT FOR CERTAIN HOME PURCHASES.
(a) Elimination of First-Time Homebuyer Requirement.--
(1) In general.--Subsection (a) of section 36 of the
Internal Revenue Code of 1986 is amended by striking ``who is a
first-time homebuyer of a principal residence'' and inserting
``who purchases a principal residence''.
(2) Conforming amendments.--
(A) Subsection (c) of section 36 of such Code is
amended by striking paragraph (1) and by redesignating
paragraphs (2), (3), (4), and (5) as paragraphs (1),
(2), (3), and (4), respectively.
(B) Section 36 of such Code is amended by striking
``first-time homebuyer credit'' in the heading and
inserting ``home purchase credit''.
(C) Subparagraph (W) of section 26(b)(2) of such
Code is amended by striking ``homebuyer credit'' and
inserting ``home purchase credit''.
(3) Clerical amendment.--The table of sections for subpart
C of part IV of subchapter A of chapter 1 of such Code is
amended by striking the item relating to section 36 and
inserting the following new item:
``Sec. 36. Home purchase credit.''.
(4) Effective date.--The amendments made by this subsection
shall apply to residences purchased on or after the date of the
enactment of this Act.
(b) Extension.--
(1) In general.--Subsection (h) of section 36 of such Code
is amended by striking ``December 1, 2009'' and inserting
``December 1, 2010''.
(2) Waiver of recapture.--Subparagraph (D) of section
36(f)(4) of such Code is amended--
(A) by striking ``December 1, 2009'' and inserting
``December 1, 2010'', and
(B) by inserting ``and 2010'' after ``2009'' in the
heading thereof.
(3) Election to treat purchase in prior year.--Subsection
(g) of section 36 of such Code is amended--
(A) by striking ``December 1, 2009'' and inserting
``January 1, 2010'', and
(B) by adding at the end the following: ``In the
case of a purchase of a principal residence after
December 31, 2009, and before December 1, 2010, a
taxpayer may elect to treat such purchase as made on
December 31, 2009, for purposes of this section (other
than subsections (c) and (f)(4)(D)).''.
(4) Effective date.--The amendments made by this subsection
shall apply to residences purchased after November 30, 2009.
(c) Modification of Gross Income Limitation.--
(1) In general.--Subsection (b) of section 36 of such Code
is amended--
(A) by striking ``$150,000'' in paragraph
(2)(A)(i)(II) and inserting ``$300,000'', and
(B) by striking ``$75,000'' in such paragraph
(2)(A)(i)(II) and inserting ``$150,000''.
(2) Effective date.--The amendments made by this subsection
shall apply to residences purchased after the date of the
enactment of this Act.
(d) Waiver of Recapture of First-Time Homebuyer Credit for
Individuals on Qualified Official Extended Duty.--
(1) In general.--Paragraph (4) of section 36(f) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(E) Special rule for members of the armed forces,
etc.--
``(i) In general.--In the case of the
disposition of a principal residence by an
individual (or a cessation referred to in
paragraph (2)) after December 31, 2008, in
connection with Government orders received by
such individual, or such individual's spouse,
for qualified official extended duty service--
``(I) paragraph (2) and subsection
(d)(2) shall not apply to such
disposition (or cessation), and
``(II) if such residence was
acquired before January 1, 2009,
paragraph (1) shall not apply to the
taxable year in which such disposition
(or cessation) occurs or any subsequent
taxable year.
``(ii) Qualified official extended duty
service.--For purposes of this section, the
term `qualified official extended duty service'
means service on qualified official extended
duty as--
``(I) a member of the uniformed
services,
``(II) a member of the Foreign
Service of the United States, or
``(III) as an employee of the
intelligence community.
``(iii) Definitions.--Any term used in this
subparagraph which is also used in paragraph
(9) of section 121(d) shall have the same
meaning as when used in such paragraph.''.
(2) Effective date.--The amendment made by this subsection
shall apply to dispositions and cessations after December 31,
2008. | Amends Internal Revenue Code provisions relating to the first-time homebuyer tax credit to: (1) extend such credit to all purchasers of a principal residence (currently, limited to first-time homebuyers); (2) extend such credit and its waiver of recapture provisions (for sales of principal residences before the required holding period) through November 30, 2010; (3) extend through December 31, 2009, the election to treat, for tax purposes, a residence purchased in 2009 as having been purchased on December 31, 2008; (4) allow taxpayers to treat, for tax purposes, a residence purchased after December 31, 2009, and before December 1, 2010, as having been purchased on December 31, 2009; (5) increase adjusted gross income thresholds for determining eligibility for such credit; and (6) allow a waiver of recapture for members of the uniformed services, the Foreign Service, or employees of the intelligence community who sell their principal residences after receiving an order for official extended duty service. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend the first-time homebuyer tax credit and to eliminate the first-time homebuyer requirement and increase the adjusted gross income limitations with respect to such credit, and for other purposes."} | 1,139 | 204 | 0.623646 | 1.795732 | 0.851301 | 2.40404 | 5.217172 | 0.777778 |
SECTION 1. PROHIBITION OF NARCO-TERRORISM.
Part A of the Controlled Substance Import and Export Act (21 U.S.C.
951 et seq.) is amended by inserting after section 1010 the following:
``narco-terrorists who aid and support terrorists or terrorist
organizations
``Sec. 1010A. (a) Prohibited Acts.--It shall be unlawful, in a
circumstance described in subsection (c), to manufacture, distribute,
import, export, or possess with intent to distribute or manufacture a
controlled substance, or to attempt or conspire to do so, knowing or
intending that such activity, directly or indirectly, aid or provide
support, resources, or anything of pecuniary value to--
``(1) a terrorist organization; or
``(2) any person or group involved in the planning,
preparation for, or carrying out of, a terrorist offense.
``(b) Penalties.--Whoever violates subsection (a)--
``(1) shall be fined under title 18, United States Code,
imprisoned for not less than 20 years and not more than life,
or both; and
``(2) shall be sentenced to a term of supervised release of
not less than 5 years.
``(c) Jurisdiction.--There is jurisdiction over an offense under
this section if--
``(1) the prohibited drug activity or the terrorist offense
is in violation of the criminal laws of the United States;
``(2) the offense or the prohibited drug activity occurs in
or affects interstate or foreign commerce;
``(3) the offense, the prohibited drug activity, or the
terrorist offense involves the use of the mails or a facility
of interstate or foreign commerce;
``(4) the terrorist offense occurs in or affects interstate
or foreign commerce or would have occurred in or affected
interstate or foreign commerce had it been consummated;
``(5) an offender provides anything of pecuniary value to a
terrorist organization;
``(6) an offender provides anything of pecuniary value for
a terrorist offense that is designed to influence the policy or
affect the conduct of the United States Government;
``(7) an offender provides anything of pecuniary value for
a terrorist offense that occurs in part within the United
States and is designed to influence the policy or affect the
conduct of a foreign government;
``(8) an offender provides anything of pecuniary value for
a terrorist offense--
``(A) that causes or is designed to cause death or
serious bodily injury to a national of the United
States while that national is outside the United
States; or
``(B) that causes or is designed to cause
substantial damage to the property of a legal entity
organized under the laws of the United States
(including any of its States, districts, commonwealths,
territories, or possessions) while that property is
outside of the United States;
``(9) the offense occurs in whole or in part within the
United States and an offender provides anything of pecuniary
value for a terrorist offense that is designed to influence the
policy or affect the conduct of a foreign government;
``(10) the offense or the prohibited drug activity occurs
in whole or in part outside of the United States (including on
the high seas), and a perpetrator of the offense or the
prohibited drug activity is a national of the United States or
a legal entity organized under the laws of the United States
(including any of its States, districts, commonwealths,
territories, or possessions); or
``(11) after the conduct required for the offense occurs,
an offender is brought into or found in the United States, even
if the conduct required for the offense occurs outside the
United States.
``(d) Proof Requirements.--In a prosecution for a violation of
subsection (a), the Government shall not be required to prove that any
defendant knew that an organization was designated as a foreign
terrorist organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
``(e) Definitions.--In this section, the following definitions
shall apply:
``(1) Anything of pecuniary value.--The term `anything of
pecuniary value' has the meaning given the term in section
1958(b)(1) of title 18, United States Code.
``(2) Terrorist offense.--The term `terrorist offense'
means--
``(A) an act which constitutes an offense within
the scope of a treaty, as defined under section
2339C(e)(7) of title 18, United States Code, which has
been implemented by the United States; or
``(B) any other act intended to cause death or
serious bodily injury to a civilian, or to any other
person not taking an active part in the hostilities in
a situation of armed conflict, when the purpose of such
act, by its nature or context, is to intimidate a
population, or to compel a government or an
international organization to do or to abstain from
doing any act.
``(3) Terrorist organization.--The term `terrorist
organization' has the meaning given the term in section
212(a)(3)(B)(vi) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(vi)).''. | Amends the Controlled Substance Import and Export Act to prohibit manufacturing, distributing, importing, exporting, or possessing with intent to distribute or manufacture a controlled substance knowing or intending that such activity aids or provides support to: (1) a foreign terrorist organization; or (2) any person or group involved in planning, preparing for, or carrying out a terrorist offense. Provides that the government shall not be required, in a prosecution for such a violation, to prove that a defendant knew that an organization was designated as a foreign terrorist organization. | {"src": "billsum_train", "title": "A bill to prohibit narco-terrorists from aiding and supporting terrorists and terrorist organizations."} | 1,198 | 122 | 0.569245 | 1.487225 | 0.531893 | 4.419048 | 10.285714 | 0.914286 |
SECTION 1. FLEXIBILITY INCENTIVE GRANT PILOT PROGRAM.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5339. Flexibility Incentive Grant Pilot Program
``(a) Purpose.--The purpose of this section is to provide
incentives to encourage States to establish new sources of revenue for
transit projects and services and to reward States for creating more
flexibility in the use of their existing transportation funds.
``(b) Establishment of Program.--The Secretary of Transportation
shall establish a flexibility incentive grant pilot program in
accordance with this section.
``(c) Selection Process and Criteria.--Not later than 90 days after
the date of enactment of this section, the Secretary shall establish a
process and criteria for selecting States to participate in the pilot
program. Any State may apply under the process to participate in the
pilot program.
``(d) Selection of Participating States.--The Secretary shall
select States to participate in the pilot program under the selection
process, and based on the selection criteria, established by the
Secretary.
``(e) Determinations by the Secretary.--Not later than September 1
of each of calendar years 2004 through 2009, the Secretary shall
determine which of the States selected to participate in the pilot
program increased the aggregate amount of State funds (excluding funds
from Federal sources) that the State expended on transit projects and
services from the State's second fiscal year preceding such September 1
to the State's first fiscal year preceding such September 1, the amount
of such increase, and the percentage of such increase over the State's
second preceding fiscal year.
``(f) Grants for Increased Transit Funding.--
``(1) States with an increase of 10 percent or more.--
Subject to paragraph (2) and subsection (h)--
``(A) the Secretary shall make a grant for each of
fiscal years 2006 through 2010 to each State selected
to participate in the pilot program whose percentage
increase in expenditures for transit projects and
services over the preceding fiscal year of the State
was 10 percent or more, as determined by the Secretary
under subsection (e); and
``(B) the amount of the grant shall be equal to the
increase in the aggregate amount of State funds
(excluding funds from Federal sources) that the State
expended on transit projects and services from the
second preceding fiscal year of the State to the first
preceding fiscal year of the State, as determined by
the Secretary under subsection (e); except that
the amount of the grant may not exceed $5,000,000.
``(2) Large states with an increase of 1 percent or more.--
Subject to subsection (h), for each of fiscal years 2006
through 2010, the Secretary shall make a grant of $10,000,000
to each State selected to participate in the pilot program
whose percentage increase in expenditures for transit projects
and services over the preceding fiscal year of the State was 1
percent or more, and whose aggregate expenditures for such
projects and services in the State's preceding fiscal year was
more than $1,000,000,000, as determined by the Secretary under
subsection (e).
``(g) States Creating Flexible Transportation Funds.--
``(1) New dedicated source of revenue.--
``(A) In general.--Subject to subsection (h), for
each of fiscal years 2004 through 2010, the Secretary
shall make a grant of $10,000,000 to each State that
implemented in the first preceding fiscal year of the
State a dedicated source of revenue for carrying out
only transit projects and services that the Secretary--
``(i) determines was not in effect in the
second preceding fiscal year of the State; and
``(ii) projects will result in an increase
of 10 percent in State funds available for
expenditure on such projects and services
within 2 years after the date of such
implementation.
``(B) Dedicated source of revenues defined.--For
purposes of this paragraph, the term `dedicated source
of revenue' may include the dedication of a State motor
fuels tax or sales tax, interest on existing highway
funds, motor vehicle excise tax, tolls, loans to be
made out of highway funds, and such other sources of
revenue as the Secretary determines.
``(2) Unrestricted use of highway funds.--Subject to
subsection (h), for each of fiscal years 2004 through 2010, the
Secretary shall make a grant of $10,000,000 to each State that
in the preceding fiscal year of the State amended State law or
the State constitution to allow funds that were restricted for
highway purposes only to be used for transit projects and
services as well as highway purposes.
``(h) Limitation for States Eligibility for Multiple Grants.--If
the Secretary determines that a State is eligible for a grant under
more than one of subsections (f)(1), (f)(2), (g)(1), and (g)(2) for a
fiscal year, the Secretary may only make the grant to the State that is
for the greatest amount the State is eligible for under such
subsections.
``(i) Use of Grants.--A State may obligate funds granted to it
under this section for any project or activity eligible for assistance
under title 23 or chapter 53.
``(j) Grant Requirements.--Except as otherwise provided in this
section--
``(1) a grant under this section being used for a transit
project or activity shall be subject to all of the terms and
conditions to which a grant made under section 5307 is subject;
and
``(2) a grant under this section being used for a highway
project or activity shall be subject to all of the terms and
conditions that would be applicable to such project or activity
if such project or activity were being carried out under title
23, United States Code.
``(k) Federal Share.--The Federal share of the cost of a project or
activity funded under this section shall be 100 percent.
``(l) Authorizations of Appropriations.--There are authorized to be
appropriated to carry out this section for each of fiscal years 2004
through 2010 $80,000,000. Such sums shall remain available until
expended.
``(m) Program Evaluation.--Not later than 5 years after the date of
enactment of this section, the Secretary shall--
``(1) conduct a study to evaluate the pilot program
authorized by this section; and
``(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing and Urban Affairs of the Senate a
report describing the results of the study.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``5539. Flexibility incentive grant pilot program.''. | Directs the Secretary of Transportation to establish a flexibility incentive grant pilot program to encourage States to establish new sources of revenue for transit projects and services. Directs the Secretary to make grants to States that: (1) increase their expenditures for transit projects and other services; or (2) dedicate State revenues specifically for transit projects and services. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to provide for the establishment of a flexibility incentive grant program."} | 1,468 | 66 | 0.625765 | 1.321491 | 0.872175 | 3.769231 | 21.461538 | 0.938462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senator Paul Simon Water for the
World Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Senator Paul Simon Water for the Poor Act of 2005
(Public Law 109-121)--
(A) makes access to safe water and sanitation for
developing countries a specific policy objective of
United States foreign assistance programs;
(B) requires the Secretary of State to--
(i) develop a strategy to elevate the role
of water and sanitation policy; and
(ii) improve the effectiveness of United
States assistance programs undertaken in
support of that strategy;
(C) codifies Target 10 of the United Nations
Millennium Development Goals; and
(D) seeks to reduce by half between 1990 (the
baseline year) and 2015--
(i) the proportion of people who are unable
to reach or afford safe drinking water; and
(ii) the proportion of people without
access to basic sanitation.
(2) On December 20, 2006, the United Nations General
Assembly, in GA Resolution 61/192, declared 2008 as the
International Year of Sanitation, in recognition of the impact
of sanitation on public health, poverty reduction, economic and
social development, and the environment.
(3) On August 1, 2008, Congress passed H. Con. Res. 318,
which--
(A) supports the goals and ideals of the
International Year of Sanitation; and
(B) recognizes the importance of sanitation on
public health, poverty reduction, economic and social
development, and the environment.
(4) While progress is being made on safe water and
sanitation efforts--
(A) more than 884,000,000 people throughout the
world lack access to safe drinking water; and
(B) 2 of every 5 people in the world do not have
access to basic sanitation services.
(5) The health consequences of unsafe drinking water and
poor sanitation are significant, accounting for--
(A) nearly 10 percent of the global burden of
disease; and
(B) more than 2,000,000 deaths each year.
(6) The effects of climate change are expected to produce
severe consequences for water availability and resource
management in the future, with 2,800,000,000 people in more
than 48 countries expected to face severe and chronic water
shortages by 2025.
(7) According to the November 2008 report entitled,
``Global Trends 2025: A Transformed World'', the National
Intelligence Council expects rapid urbanization and future
population growth to exacerbate already limited access to
water, particularly in agriculture-based economies.
(8) A 2009 report published in the Proceedings of the
National Academy of Sciences projects that the effects of
climate change will produce long-term droughts and raise sea
levels for the next 1,000 years, regardless of future efforts
to combat climate change.
(9) According to the 2005 Millennium Ecosystem Assessment,
commissioned by the United Nations, more than \1/5\ of the
world population relies on freshwater that is either polluted
or excessively withdrawn.
(10) The impact of water scarcity on conflict and
instability is evident in many parts of the world, including
the Darfur region of Sudan, where demand for water resources
has contributed to armed conflict between nomadic ethnic groups
and local farming communities.
(11) In order to further the United States contribution to
safe water and sanitation efforts, it is necessary to--
(A) expand foreign assistance capacity to address
the challenges described in this section; and
(B) represent issues related to water and
sanitation at the highest levels of United States
foreign assistance and diplomatic deliberations,
including those related to issues of global health,
food security, the environment, global warming, and
maternal and child mortality.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the United States should lead a
global effort to bring sustainable access to clean water and sanitation
to poor people throughout the world.
SEC. 4. PURPOSE.
The purpose of this Act is--
(1) to provide first-time access to safe water and
sanitation, on a sustainable basis, for 100,000,000 people in
high priority countries (as designated under section 6(f) of
the Senator Paul Simon Water for the Poor Act of 2005 (22
U.S.C. 2152h note)) by 2015; and
(2) to enhance the capacity of the United States Government
to fully implement the Senator Paul Simon Water for the Poor
Act of 2005 (Public Law 109-121).
SEC. 5. DEVELOPING UNITED STATES GOVERNMENT CAPACITY.
Section 135 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152h)
is amended by adding at the end the following:
``(e) Office of Water.--
``(1) Establishment.--To carry out the purposes of
subsection (a), the Administrator of the United States Agency
for International Development shall establish the Office of
Water within the Bureau for Economic Growth, Agriculture, and
Trade.
``(2) Leadership.--The Office of Water shall be headed by a
Director for Safe Water and Sanitation, who shall report
directly to the Assistant Administrator of the Bureau for
Economic Growth, Agriculture, and Trade.
``(3) Duties.--The Director shall--
``(A) implement this section and the Senator Paul
Simon Water for the Poor Act of 2005 (Public Law 109-
121);
``(B) develop and implement country-specific water
strategies and expertise, in collaboration with
appropriate United States Agency for International
Development Mission Directors, to meet the goal of
providing 100,000,000 additional people with
sustainable access to safe water and sanitation by
2015; and
``(C) place primary emphasis on providing safe,
affordable, and sustainable drinking water, sanitation,
and hygiene in a manner that--
``(i) is consistent with sound water
resource management principles; and
``(ii) utilizes such approaches as direct
service provision, capacity building,
institutional strengthening, regulatory reform,
and partnership collaboration.
``(4) Capacity.--The Director may utilize interagency
details or partnerships with universities, civil society, and
the private sector, as needed, to strengthen implementation
capacity.
``(f) Special Coordinator for International Water.--
``(1) Establishment.--To increase the capacity of the
Department of State to address international issues regarding
safe water, sanitation, integrated river basin management, and
other international water programs, the Secretary of State
shall establish a Special Coordinator for International Water
(referred to in this subsection as the `Special Coordinator'),
who shall report to the Under Secretary for Democracy and
Global Affairs.
``(2) Duties.--The Special Coordinator shall--
``(A) oversee and coordinate the diplomatic policy
of the United States Government with respect to global
freshwater issues, including interagency coordination
related to--
``(i) sustainable access to safe drinking
water, sanitation, and hygiene;
``(ii) integrated river basin and watershed
management;
``(iii) transboundary conflict;
``(iv) agricultural and urban productivity
of water resources;
``(v) disaster recovery, response, and
rebuilding;
``(vi) pollution mitigation; and
``(vii) adaptation to hydrologic change due
to climate variability; and
``(B) ensure that international freshwater issues
are represented--
``(i) within the United States Government;
and
``(ii) in key diplomatic, development, and
scientific efforts with other nations and
multilateral organizations.
``(3) Staff.--The Special Coordinator is authorized to hire
a limited number of staff to carry out the duties described in
paragraph (2).''.
SEC. 6. SAFE WATER, SANITATION, AND HYGIENE STRATEGY.
Section 6 of the Senator Paul Simon Water for the Poor Act of 2005
(22 U.S.C. 2152h note) is amended--
(1) in subsection (c), by adding at the end the following:
``In developing the program activities needed to implement the
strategy, the Secretary shall consider the results of the
assessment described in subsection (e)(9).''; and
(2) in subsection (e)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(7) an assessment of all United States Government foreign
assistance allocated to the drinking water and sanitation
sector during the 3 previous fiscal years, across all United
States Government agencies and programs, including an
assessment of the extent to which the United States
Government's efforts are reaching the goal of providing first-
time access to safe water and sanitation on a sustainable basis
for 100,000,000 people in high priority countries;
``(8) recommendations on what the United States Government
would need to do to achieve the goals referred to in paragraph
(7), in support of the United Nation's Millennium Development
Goal on access to safe drinking water; and
``(9) an assessment of best practices for mobilizing and
leveraging the financial and technical capacity of business,
governments, nongovernmental organizations, and civil society
in forming public-private partnerships that measurably increase
access to safe drinking water and sanitation.''.
SEC. 7. DEVELOPING LOCAL CAPACITY.
The Senator Paul Simon Water for the Poor Act of 2005 (Public Law
109-121) is amended--
(1) by redesignating sections 9, 10, and 11 as sections 10,
11, and 12, respectively; and
(2) by inserting after section 8 the following:
``SEC. 9. WATER AND SANITATION INSTITUTIONAL CAPACITY-BUILDING PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary of State and the
Administrator of the United States Agency for International
Development (referred to in this section as the `Secretary' and
the `Administrator', respectively), in consultation with host
country institutions, the Centers for Disease Control and
Prevention, the Department of Agriculture, and other agencies,
as appropriate, shall establish, in every high priority
country, a program to build the capacity of host country
institutions and officials responsible for water and sanitation
in countries that receive assistance under section 135 of the
Foreign Assistance Act of 1961, including training at
appropriate levels, to--
``(A) provide affordable, equitable, and
sustainable access to safe drinking water and
sanitation;
``(B) educate the populations of such countries
about the dangers of unsafe drinking water and lack of
proper sanitation; and
``(C) encourage behavior change to reduce
individuals' risk of disease from unsafe drinking water
and lack of proper sanitation and hygiene.
``(2) Coordination.--The programs established under
subsection (a) shall be coordinated in each country by the lead
country water manager designated in subsection (b)(2).
``(3) Expansion.--The Secretary and the Administrator may
establish the program described in this section in additional
countries if the receipt of such capacity building would be
beneficial for promoting access to safe drinking water and
sanitation, with due consideration given to good governance.
``(4) Capacity.--The Secretary and the Administrator--
``(A) shall designate staff with appropriate
expertise to carry out the strategy developed under
section 4; and
``(B) may utilize, as needed, interagency details
or partnerships with universities, civil society, and
the private sector to strengthen implementation
capacity.
``(b) Designation.--The United States Agency for International
Development Mission Director for each country receiving a `high
priority' designation under section 6(f) and for each region containing
a country receiving such designation shall--
``(1) designate safe drinking water and sanitation as a
strategic objective;
``(2) appoint an employee of the United States Agency for
International Development as in-country water and sanitation
manager to coordinate the in-country implementation of this Act
and section 135 of the Foreign Assistance Act of 1961 (22
U.S.C. 2152h) with host country officials at various levels of
government responsible for water and sanitation, the Department
of State, and other relevant United States Government agencies;
and
``(3) coordinate with the Development Credit Authority and
the Global Development Alliance to further the purposes of this
Act.''.
SEC. 8. OTHER ACTIVITIES SUPPORTED.
Section 135(c) of the Foreign Assistance Act (22 U.S.C. 2152h(c))
is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end;
and
(3) by adding at the end the following:
``(5) foster global cooperation on research and technology
development, including regional partnerships among water
experts to address safe drinking water, sanitation, water
resource management, and other water-related issues;
``(6) establish regional and cross-border cooperative
activities between scientists and specialists that work to
share technologies and best practices, mitigate shared water
challenges, foster international cooperation, and defuse cross-
border tensions;
``(7) provide grants through the United States Agency for
International Development to foster the development,
dissemination, and increased and consistent use of low cost and
sustainable technologies, such as household water treatment,
hand washing stations, and latrines, for providing safe
drinking water, sanitation, and hygiene that are suitable for
use in high priority countries, particularly in places with
limited resources and infrastructure;
``(8) in collaboration with the Centers for Disease Control
and Prevention, Department of Agriculture, the Environmental
Protection Agency, the National Oceanic and Atmospheric
Administration, and other agencies, as appropriate, conduct
formative and operational research and monitor and evaluate the
effectiveness of programs that provide safe drinking water and
sanitation; and
``(9) integrate efforts to promote safe drinking water,
sanitation and hygiene with existing foreign assistance
programs, as appropriate, including activities focused on HIV/
AIDS, malaria, tuberculosis, maternal and child health, food
security, and nutritional support.''.
SEC. 9. UPDATED REPORT REGARDING WATER FOR PEACE AND SECURITY.
Section 11(b) of the Senator Paul Simon Water for the Poor Act of
2005, as redesignated by section 7, is amended by adding at the end the
following: ``The report submitted under this subsection shall include
an assessment of current and likely future political tensions over
water sources and multidisciplinary assessment of the expected impacts
of global climate change on water supplies in 10, 25, and 50 years.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for fiscal
year 2009 and for each subsequent fiscal year such sums as may be
necessary to carry out this Act and the amendments made by this Act,
pursuant to the criteria set forth in the Senator Paul Simon Water for
the Poor Act of 2005 (Public Law 109-121).
(b) Use of Funds.--
(1) General water resource management activities.--Up to 20
percent of the amounts appropriated to implement this Act may
be used to support general water resource management activities
that improve countries' overall water sources.
(2) Other activities.--Any amounts appropriated to
implement this Act that are not used to carry out the
activities described in paragraph (1) shall be allocated for
activities related to safe drinking water, sanitation, and
hygiene. | Senator Paul Simon Water for the World Act of 2009 - Amends the Foreign Assistance Act of 1961 to direct the Administrator of the United States Agency for International Development (USAID) to establish the Office of Water within the Bureau for Economic Growth, Agriculture, and Trade to: (1) give assistance to provide safe water and sanitation for people worldwide; and (2) be headed by a Director for Safe Water and Sanitation. Outlines the Director's duties.
Requires the Secretary of State, in order to increase the capacity of the Department of State to address international issues regarding safe water, sanitation, integrated river basin management, and other international water programs, to establish a Special Coordinator for International Water. Outlines the Special Coordinator's duties.
Amends the Senator Paul Simon Water for the Poor Act of 2005 to: (1) revise requirements concerning the safe water and sanitation strategy; (2) provide for the establishment of a program to build the capacity of host country institutions and officials responsible for water and sanitation in countries that receive assistance to provide safe water and sanitation under the Foreign Assistance Act of 1961; (3) expand the list of activities that may be supported by assistance furnished by the President for programs in developing countries to provide affordable and equitable access to safe water and sanitation; and (4) require the report regarding water for peace and security to include an assessment of political tensions over water sources and a multidisciplinary assessment of the expected impacts of global climate change on water supplies in 10, 25, and 50 years. | {"src": "billsum_train", "title": "To provide 100,000,000 people with first-time access to safe drinking water and sanitation on a sustainable basis by 2015 by improving the capacity of the United States Government to fully implement the Senator Paul Simon Water for the Poor Act of 2005."} | 3,261 | 306 | 0.57023 | 1.785201 | 0.690688 | 5.333333 | 10.89899 | 0.949495 |
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