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SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Community Whistleblower Protection Act of 1998''.
(b) Findings.--The Congress finds that--
(1) national security is a shared responsibility, requiring
joint efforts and mutual respect by Congress and the President;
(2) the principles of comity between the Branches apply to
the handling of national security information;
(3) Congress, as a co-equal Branch of Government, is
empowered by the Constitution to serve as a check on the
Executive Branch; in that capacity, it has a ``need to know''
of allegations of wrongdoing within the Executive Branch,
including allegations of wrongdoing in the Intelligence
Community;
(4) no basis in law exists for requiring prior
authorization of disclosures to the intelligence committees of
Congress by employees of the Executive Branch of classified
information about wrongdoing within the Intelligence Community;
(5) the risk of reprisal perceived by employees and
contractors of the Intelligence Community for reporting serious
or flagrant problems to Congress may have impaired the flow of
information needed by the intelligence committees to carry out
oversight responsibilities; and
(6) to encourage such reporting, an additional procedure
should be established that provides a means for such employees
and contractors to report to Congress while safeguarding the
classified information involved in such reporting.
SEC. 2. PROTECTION OF INTELLIGENCE COMMUNITY EMPLOYEES WHO REPORT
URGENT CONCERNS TO CONGRESS.
(a) Inspector General of the Central Intelligence Agency.--
(1) In general.--Subsection (d) of section 17 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403q) is
amended by adding at the end the following new paragraph:
``(5)(A) An employee of the Agency, or of a contractor to the
Agency, who intends to report to Congress a complaint or information
with respect to an urgent concern may report to the Inspector General.
``(B) Within the 60-calendar day period beginning on the day of
receipt from an employee of a complaint or information under
subparagraph (A), the Inspector General shall determine whether the
complaint or information appears credible. If the Inspector General
determines that the complaint or information appears credible, the
Inspector General within such period shall transmit the complaint or
information to the Director.
``(C) The Director shall, within 7 calendar days after receipt of
the transmittal from the Inspector General under subparagraph (B),
forward such transmittal to the intelligence committees together with
any comments the Director considers appropriate.
``(D) If the Inspector General does not transmit, or does not
transmit in an accurate form, the complaint or information described in
subparagraph (B), the employee may contact the intelligence committees
directly to submit the complaint or information, if the employee--
``(i) furnishes to the Director, through the Inspector
General, a statement of the employee's complaint or information
and notice of the employee's intent to contact the intelligence
committees directly; and
``(ii) obtains and follows direction from the Director,
through the Inspector General, on how to contact the
intelligence committees in accordance with appropriate security
practices.
``(E) The Inspector General shall notify the employee of each
action taken under this paragraph with respect to the employee's
complaint or information not later than three days after any such
action is taken.
``(F) In this paragraph:
``(i) The term `urgent concern' means any of the following:
``(I) A serious or flagrant problem, abuse,
violation of law or executive order, or deficiency
relating to the administration or operations of an
intelligence activity involving classified information,
but does not include differences of opinions concerning
public policy matters.
``(II) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the administration or operation of an
intelligence activity.
``(III) An action, including a personnel action
described in section 2302(a)(2)(A) of title 5, United
States Code, constituting reprisal or threat of
reprisal prohibited under subsection (e)(3)(B) in
response to the employee's reporting an urgent concern
pursuant to the terms of this act.
``(ii) The term `intelligence committees' means the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate.
``(G) An action taken by the Director or the Inspector General
under this paragraph shall not be subject to judicial review.''.
(2) Clerical amendment.--The heading to subsection (d) of
section 17 of such Act is amended by inserting ``; Reports to
Congress on Urgent Concerns'' before the period.
(b) Additional Provisions With Respect to Inspectors General of the
Intelligence Community.--
(1) In general.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended by redesignating section 8H as section
8I and by inserting after section 8G the following new section:
``Sec. 8H. (a)(1)(A) Employees of the Defense Intelligence Agency,
the National Imagery and Mapping Agency, the National Reconnaissance
Office, and the National Security Agency, and of contractors to those
Agencies, who intend to report to Congress a complaint or information
with respect to an urgent concern may report to the Inspector General
of the Department of Defense (or designee).
``(B) Employees of the Federal Bureau of Investigation, and of
contractors to the Bureau, who intend to report to Congress a complaint
or information with respect to an urgent concern may report to the
Inspector General of the Department of Justice (or designee).
``(C) Any other employee of, or contractor to, an executive agency,
or element or unit thereof, determined by the President under section
2302(a)(2)(C)(ii) of title 5, United States Code, to have as its
principal function the conduct of foreign intelligence or
counterintelligence activities, who intends to report to Congress a
complaint or information with respect to an urgent concern may report
to the appropriate Inspector General (or designee) under this Act, or
section 17 of the Central Intelligence Agency Act of 1949.
``(2) The designee of an Inspector General under this section shall
report such employee complaints or information to the Inspector General
within 7 calendar days of receipt.
``(b) Within the 60-calendar day period beginning on the day of
receipt of an employee complaint or information under subsection (a),
the Inspector General shall determine whether the complaint or
information appears credible. If the Inspector General determines that
the complaint or information appears to be credible, the Inspector
General within such period shall transmit the complaint or information
to the head of the establishment.
``(c) The head of the establishment shall, within 7 calendar days
after receipt of the transmittal from the Inspector General pursuant to
subsection (b), forward such transmittal to the intelligence
committees, together with any comments the head of the establishment
considers appropriate.
``(d) If the Inspector General does not transmit, or does not
transmit in an accurate form, the complaint or information pursuant to
subsection (b), the employee may contact the intelligence committees
directly to submit the complaint or information, if the employee--
``(1) furnishes to the head of the establishment, through
the Inspector General, a statement of the employee's complaint
or information and notice of the employee's intent to contact
the intelligence committees directly; and
``(2) obtains and follows direction from the head of the
establishment, through the Inspector General, on how to contact
the intelligence committees in accordance with appropriate
security practices.
``(e) The Inspector General shall notify the employee of each
action taken under this section with respect to the employee's
complaint or information not later than three days after any such
action is taken.
``(f) In this paragraph:
``(1) The term `urgent concern' means any of the following:
``(A) A serious or flagrant problem, abuse,
violation of law or Executive order, or deficiency
relating to the administration or operations of an
intelligence activity involving classified information,
but does not include differences of opinions concerning
public policy matters.
``(B) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the administration or operation of an
intelligence activity.
``(C) An action, including a personnel action
described in section 2302(a)(2)(A) of title 5, United
States Code, constituting reprisal or threat of
reprisal prohibited under section 7(c) in response to
the employee's reporting an urgent concern pursuant to
the terms of this Act.
``(2) The term `intelligence committees' means the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate.
``(g) An action taken by the head of an establishment or an
Inspector General under this section shall not be subject to judicial
review.''.
(2) Conforming Amendment.--Section 8I of such Act (as
redesignated by paragraph (1) of this subsection) is amended by
striking ``or 8E'' and inserting ``8E, or 8H''. | Intelligence Community Whistleblower Protection Act of 1998 - Amends the Central Intelligence Agency Act of 1949 to authorize an employee or contractor of the Central Intelligence Agency (CIA) who intends to report to the Congress a complaint or information with respect to an urgent concern to report to the Inspector General (IG) of the CIA. Requires the IG to act on such complaint or information within 60 days and to forward such complaint to the CIA Director. Requires the Director to forward such information to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate within seven days after its receipt. Allows an employee to contact the intelligence committees directly concerning such complaint or information in limited circumstances. Requires IG notification of an employee within three days after taking any action on a complaint or information.
Defines a matter of "urgent concern" for purposes of this Act as: (1) a serious or flagrant problem, abuse, violation of law or executive order, or deficiency relating to the administration or operation of an intelligence activity involving classified information; (2) a false statement to the Congress, or willful withholding from the Congress, on an issue of material fact relating to the administration or operation of an intelligence activity; or (3) an action constituting reprisal in response to an employee's reporting of an urgent concern.
Amends the Inspector General Act of 1978 to authorize employees and contractors of the following agencies who intend to report to the Congress a complaint or information with respect to an urgent concern to report such to the IG of the Department of Defense: the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Reconnaissance Office, and the National Security Agency. Authorizes employees and contractors of the Federal Bureau of Investigation who intend to take such action to report to the IG of the Justice Department. Authorizes other Federal employees dealing with foreign intelligence or counterintelligence activities who intend to take such action to report to their appropriate IG. Outlines procedures to follow the reporting of such complaint or information, and a definition of "urgent concern," similar to those provided with respect to CIA employees, above. | {"src": "billsum_train", "title": "Intelligence Community Whistleblower Protection Act of 1998"} | 2,057 | 480 | 0.65216 | 2.096537 | 0.769286 | 3.5625 | 4.658654 | 0.884615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Educational Assistance
Restoration Act of 2001''.
SEC. 2. ELIGIBILITY FOR MONTGOMERY GI BILL BENEFITS OF CERTAIN
ADDITIONAL VIETNAM ERA VETERANS.
(a) Active Duty Program.--Section 3011(a)(1) of title 38, United
States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by adding ``or'' at the end of subparagraph (B); and
(3) by adding at the end the following new subparagraph:
``(C) as of December 31, 1989, is eligible for
educational assistance benefits under chapter 34 of
this title and--
``(i) was not on active duty on October 19,
1984;
``(ii) reenlists or reenters on a period of
active duty after the date specified in clause
(i); and
``(iii) after July 2, 1985, either--
``(I) serves at least three years
of continuous active duty in the Armed
Forces; or
``(II) is discharged or released
from active duty (aa) for a service-
connected disability, for a medical
condition which preexisted such service
on active duty and which the Secretary
determines is not service connected,
for hardship, or for a physical or
mental condition that was not
characterized as a disability, as
described in subparagraph (A)(ii)(I) of
this paragraph, (bb) for the
convenience of the Government, if the
individual completed not less than 30
months of continuous active duty after
that date, or (cc) involuntarily for
the convenience of the Government as a
result of a reduction in force, as
determined by the Secretary of the
military department concerned in
accordance with regulations prescribed
by the Secretary of Defense or by the
Secretary of Transportation with
respect to the Coast Guard when it is
not operating as a service in the
Navy;''.
(b) Selected Reserve Program.--Section 3012(a)(1) of that title is
amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by adding ``or'' at the end of subparagraph (B); and
(3) by adding at the end the following new subparagraph:
``(C) as of December 31, 1989, is eligible for
educational assistance under chapter 34 of this title
and--
``(i) was not on active duty on October 19,
1984;
``(ii) reenlists or reenters on a period of
active duty after the date specified in clause
(i); and
``(iii) after July 2, 1985--
``(I) serves at least two years of
continuous active duty in the Armed
Forces, subject to subsection (b) of
this section, characterized by the
Secretary concerned as honorable
service; and
``(II) subject to subsection (b) of
this section and beginning within one
year after completion of such two years
of service, serves at least four
continuous years in the Selected
Reserve during which the individual
participates satisfactorily in training
as prescribed by the Secretary
concerned;''.
(c) Time for Use of Entitlement.--Section 3031 of that title is
amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) in the case of an individual who becomes entitled to
such assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of
this title, on the date of the enactment of this paragraph.'';
and
(2) in subsection (e)(1), by striking ``section
3011(a)(1)(B) or 3012(a)(1)(B)'' and inserting ``section
3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or
3012(a)(1)(C)''. | Veterans' Educational Assistance Restoration Act of 2001 - Makes eligible for educational assistance benefits under the Montgomery GI Bill an individual who: (1) was not on active duty on October 19, 1984; (2) reenlists or reenters into active duty after such date; and (3) after July 2, 1985, either serves at least three years of continuous active duty or is discharged or released for a service-connected disability, preexisting medical condition, hardship, or a physical or mental condition for the convenience of the Government, as long as such individual completed not less than 30 months of continuous active duty on that date; or (4) is involuntarily released at the convenience of the Government due to a reduction in force. Makes eligible for such assistance a member of the Selected Reserve who: (1) was not on active duty on October 19, 1984, (2) reenlists or reenters active duty after such date; and (3) after July 2, 1985, serves at least two years of continuous active duty and at least four continuous years in the Selected Reserve during which the individual participates satisfactorily in required training. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to restore promised GI Bill educational benefits to Vietnam era veterans, and for other purposes."} | 955 | 234 | 0.664179 | 1.716652 | 0.910038 | 3.621005 | 3.899543 | 0.954338 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlining Permitting to Enable
Efficient Deployment of Broadband Infrastructure Act of 2017'' or the
``SPEED Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``antenna'' means communications equipment
that transmits or receives electromagnetic radio frequency
signals used in the provision of wireless services;
(2) the term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Natural Resources
of the Senate;
(C) the Committee on Energy and Commerce of the
House of Representatives; and
(D) the Committee on Natural Resources of the House
of Representatives;
(3) the term ``Commission'' means the Federal
Communications Commission;
(4) the term ``communications facility installation''
includes--
(A) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets, associated with the licensed or permitted
unlicensed wireless or wireline transmission of
writings, signs, signals, data, images, pictures, and
sounds of all kinds; and
(B) any antenna or apparatus that--
(i) is designed for the purpose of emitting
or receiving radio frequency;
(ii)(I) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Commission; or
(II) is using duly authorized devices that
do not require individual licenses; and
(iii) is added to a tower, building,
support pole, or other structure;
(5) the term ``covered easement'' means an easement, right-
of-way, or lease to, in, over, or on a building or other
property owned by the Federal Government, excluding tribal land
held in trust by the Federal Government (unless the tribal
government of such land requests that the Commission not
exclude the land for purposes of this definition), for the
right to install, construct, modify, or maintain a
communications facility installation;
(6) the term ``public right-of-way''--
(A) means--
(i) the area on, below, or above a public
roadway, highway, street, sidewalk, alley, or
similar property; and
(ii) any land immediately adjacent to and
contiguous with property described in clause
(i) that is within the right-of-way grant; and
(B) does not include a Federal interstate highway;
(7) the term ``small wireless facility'' means a wireless
service facility that meets the size limitation, and any other
applicable requirement, established by the Commission;
(8) the term ``Streamlining Federal Siting Working Group''
or ``Working Group'' means the Streamlining Federal Siting
Working Group of the Broadband Deployment Advisory Committee;
(9) the term ``support pole'' means an upright pole or
structure used or capable of being used to support a wireless
service facility;
(10) the term ``utility facility'' means any privately,
publicly, or cooperatively owned line, facility, or system for
producing, transmitting, or distributing power, electricity,
light, heat, gas, oil, crude products, water, steam, waste,
storm water not connected with highway drainage, or any other
similar commodity, including any fire or police signal system
or street lighting system, that directly or indirectly serves
the public;
(11) the term ``wireless service'' means the transmission
by radio communication of voice, video, or data communications
services, including Internet Protocol or any successor
protocol-enabled services, or any combination of those
services, whether provided on a licensed or permitted
unlicensed basis; and
(12) the term ``wireless service facility'' means a
facility for the provision of wireless service.
SEC. 3. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITY
INSTALLATIONS.
No review shall be required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of
title 54, United States Code, as a condition of granting a covered
easement for a communications facility installation if a covered
easement has been granted for another communications facility
installation or a utility facility with respect to the same building or
other property owned by the Federal Government.
SEC. 4. REGULATORY TREATMENT OF CERTAIN WIRELESS FACILITIES.
(a) Exclusion of Small Cells From Review.--Notwithstanding any
provision of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or division A of subtitle III of title 54, United States
Code, the Commission shall not be required to perform, and may not
require any entity regulated by the Commission to perform, any review
under that Act or division as a condition of permitting the placement
and installation of a small wireless facility if the new small wireless
facility--
(1)(A) will be located within a public right-of-way; and
(B) is not higher than, or not substantially higher than
(as that term is defined by the Commission), any existing
structure in the public right of way; or
(2) is--
(A) a replacement for an existing small wireless
facility; and
(B) the same as, or substantially similar to (as
that term is defined by the Commission), the small
wireless facility that the new small wireless facility
is replacing.
(b) Exclusion of Wireless Service Facilities in Public Rights-of-
Way From Review.--Notwithstanding any provision of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A
of subtitle III of title 54, United States Code, the Commission shall
not be required to perform, no Federal, State, or local authority shall
be required to perform, and no Federal, State, or local authority may
require any entity to perform, any review under that Act or division as
a condition of permitting the placement and installation of a wireless
service facility if--
(1)(A) the wireless service facility will be located in an
existing public right-of-way; and
(B) any new ground disturbance from the installation of the
wireless service facility is limited to the existing public
right-of-way; and
(2) the antenna tower or support pole--
(A) is not more than 50 feet tall or 10 feet higher
than any existing structure in the public right-of-way,
whichever is higher; and
(B) does not have guy wires.
(c) Savings Clause.--Nothing in this section shall be construed to
affect--
(1) the obligation of the Commission to evaluate
radiofrequency exposure under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
(2) except as explicitly provided in this section, the
obligation of any provider of wireless service to comply with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) or division A of subtitle III of title 54, United
States Code; or
(3) the authority of a State or local government to apply
and enforce the zoning and other land use regulations of the
State or local government to the extent consistent with this
section and sections 253, 332(c)(7), and 621 of the
Communications Act of 1934 (47 U.S.C. 253, 332(c)(7), and 541).
SEC. 5. GAO REPORT ON FEDERAL DELAYS IN SITING TELECOMMUNICATIONS
EQUIPMENT ON FEDERAL LAND.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study, and
submit a report to the appropriate committees of Congress, that
includes--
(1) an analysis of the challenges to and administrative
delays in efficiently siting communications facility
installations on Federal land, including whether, in order to
increase the efficiency of such siting, it is necessary to
develop--
(A) standard procedures for communications facility
installation siting, including a standard duration of
leases and easements;
(B) methods that Federal agencies may use to
identify and report on coverage gaps and deficiencies
in communications facility installation siting; and
(C) procedures for creating and maintaining a
publicly accessible inventory of space that can be used
to attach or install communications facility
installations; and
(2) recommendations, if any, for how Congress and the
Commission can address the challenges and reduce the
administrative delays identified under paragraph (1).
SEC. 6. STREAMLINING FEDERAL SITING WORKING GROUP REPORT.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Streamlining Federal Siting Working Group shall submit
a report to the appropriate committees of Congress that contains an
analysis of the challenges to and administrative delays in efficiently
siting communications facility installations on Federal land, including
whether, in order to increase the efficiency of such siting, it is
necessary to develop--
(1) standard procedures for communications facility
installation siting, including a standard duration of leases
and easements;
(2) methods that Federal agencies may use to identify and
report on coverage gaps and deficiencies in communications
facility installation siting; and
(3) procedures for creating and maintaining a publicly
accessible inventory of space that can be used to attach or
install communications facility installations.
(b) Final Report.--Not later than 120 days after the date of
enactment of this Act, the Working Group shall submit a report to the
appropriate committees of Congress on the final findings and
recommendations of the Working Group described in subsection (a). | Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017 or the SPEED Act This bill exempts certain broadband infrastructure project actions, including granting a covered easement, placement and installation of a small wireless facility, and placement and installation of a wireless service facility located in an existing public right-of-way, from environmental review requirements under the National Environmental Policy Act of 1969. The bill requires the Government Accountability Office to study and report about challenges to and administrative delays in efficiently siting communications facility installations on federal land, and to provide recommendations for how Congress and the Federal Communications Commission (FCC) can address such challenges and reduce delays identified in the report. The FCC Broadband Deployment Advisory Committee's Streamlining Federal Siting Working Group must submit a report analyzing the challenges to and administrative delays in efficiently siting communications facility installations on federal land, including whether it is necessary to develop: (1) standard procedures for communications facility installation siting, (2) methods that federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting, and (3) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations. | {"src": "billsum_train", "title": "Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017"} | 2,134 | 287 | 0.513808 | 1.535601 | 0.783949 | 5.330357 | 8.941964 | 0.910714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America Realizing the Informational
Skills and Initiative of New Graduates Act of 2014'' or ``America
RISING Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Bureau of Labor Statistics, in 2012
the national unemployment rate for individuals ages 25 years
and older with a bachelor's degree was 4.5 percent and 6.2
percent for individuals with an associate's degree. For college
graduates ages 18 to 25 the national unemployment rate in 2012
was higher at 7.7 percent. Because the typical college
graduates leaves college owing an average of $29,400 in student
loan debt, a rate that has increased 6 percent every year since
2008, the current job market offers exceedingly few
opportunities for such graduates to obtain employment at a
salary adequate to service their college loan debt.
(2) There are more than 26 million small businesses in the
United States. In the current economic climate, these small
businesses are experiencing difficulty in finding the resources
needed to increase sales, modernize operations, and hire new
employees.
(3) Recent college graduates need the experience that can
be obtained only in the workplace to refine their skills and
develop the entrepreneurial qualities that can lead to the
creation of new businesses and jobs.
(4) Existing small businesses, and companies will benefit
from the information and technology skills possessed by many of
the Nation's recent college graduates.
(5) Enabling recent college graduates to obtain employment
with small businesses benefits the national economy by
providing such businesses the human capital and technical
expertise needed to compete and win in the global economy of
the 21st century.
SEC. 3. ESTABLISHMENT OF AMERICA RISING PROGRAM.
(a) Establishment.--The Secretary of Labor and the Secretary of
Education shall, jointly, establish a program under which--
(1) grants are paid to eligible employers to defray the
cost of compensation paid by such employers to recent college
graduates; and
(2) grants are paid to recent college graduates to enable
such graduates to defray the cost of undertaking further
postsecondary courses at an institution of higher education for
up to 24 months in subjects relating to mathematics, science,
engineering, or technology.
(b) Terms and Conditions.--
(1) In general.--A grant under this section may be made on
such terms and conditions as the Secretary may determine.
(2) Deferral of federal student loan obligations.--Each
recent college graduate participating in the program under this
section (by benefitting from a grant awarded under paragraph
(1), or receiving a grant under paragraph (2), of subsection
(a)) may defer payment on Federal student loans made to the
graduate under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) for the period of the graduate's
participation in the program.
(3) Grants to eligible employers.--With respect to a grant
awarded under subsection (a)(1)--
(A) an eligible employer--
(i) may use the grant to defray the cost of
compensation for not more than 2 recent college
graduates; and
(ii) shall provide a compensation amount to
each recent college graduate participating in
the program that is equal to or greater than
the grant amount received by the employer for
the graduate; and
(B) the Secretary may not award an eligible
employer more than $25,000 per recent college graduate.
(4) Grants to recent college graduates.--With respect to a
grant awarded under subsection (a)(2) to a recent college
graduate, the graduate shall be eligible to receive Federal
student aid under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.) without regard to whether the graduate
has been or is delinquent on any Federal student loans made to
the graduate under such title IV (20 U.S.C. 1070 et seq.).
(c) Definitions.--In this section:
(1) Eligible employer.--The term ``eligible employer''
means an employer that--
(A) is a small business concern; or
(B) is a major corporation that has an operation
located in--
(i) an enterprise zone; or
(ii) an area in which, according to the
most recent data available, the unemployment
rate exceeds the national average unemployment
rate by more than two percentage points.
(2) Enterprise zone.--The term ``enterprise zone'' has the
meaning given the term ``HUBzone'' in section 3 of the Small
Business Act (15 U.S.C. 632).
(3) Institution of higher education.--Except as provided in
paragraph (3)(B), 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).
(4) Major corporation.--The term ``major corporation''
means an employer that earns an annual revenue of not less than
$5,000,000 and employs not less than 50 employees.
(5) Recent college graduate.--
(A) In general.--The term ``recent college
graduate'' means an individual who--
(i) who has received a baccalaureate or
associate degree from an institution of higher
education on or after the date that is 24
months before the grant benefitting the
graduate is awarded under this section; and
(ii) who has not previously received any
such baccalaureate or associate degree.
(B) Institution of higher education.--In
subparagraph (A), the term ``institution of higher
education'' has the meaning given such term in section
102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
(6) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3 of the
Small Business Act (15 U.S.C. 632).
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this Act $100,000,000 for each of the fiscal years
2015, 2016, and 2017.
(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended. | America Realizing the Informational Skills and Initiative of New Graduates Act of 2014 or the America RISING Act of 2014 - Directs the Secretary of Labor and the Secretary of Education to jointly establish a program providing grants to: eligible employers to defray the cost of compensation they pay to recent graduates from institutions of higher education (IHEs); and such graduates to enable them to defray the cost of undertaking further postsecondary education at an IHE for up to 24 months in subjects relating to mathematics, science, engineering, or technology. Defines an "eligible employer" as a small business concern or a major corporation that has an operation located in an enterprise zone or in an area in which the unemployment rate exceeds the national average unemployment rate by more than 2%. Allows college graduates who are participating in the program, either as grantees or beneficiaries of grants to their employers, to defer payment on their federal student loans under title IV (Student Assistance) of the Higher Education Act of 1965 until their participation in the program ends. Requires graduates who are awarded a program grant to be eligible to receive federal student aid under title IV without regard to whether they have been or are delinquent on title IV loans. | {"src": "billsum_train", "title": "America RISING Act of 2014"} | 1,343 | 272 | 0.560572 | 1.907519 | 0.903631 | 3.619048 | 5.406926 | 0.891775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovative STEM Networks Act'' or
the ``I-STEM Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Council on Foreign Relations, 60
percent of U.S. employers are having difficulties finding
qualified workers to fill vacancies at their companies.
(2) Office of Science and Technology and Policy states that
``STEM occupations will grow 1.7 times faster than non-STEM
occupations over the period from 2008 through 2018''.
(3) According to the National Governors Association Center
for Best Practices, at all levels of educational attainment,
STEM job holders earn 11 percent higher wages compared with
their same-degree counterparts in other jobs.
(4) The National Governors Association Center for Best
Practices also states that ``The top 10 bachelor-degree majors
with the highest median earnings are all in STEM fields''.
(5) According to the Harris STEM Survey, although most
parents of K-12 students (93 percent) believe that STEM
education should be a priority in the U.S., only half (49
percent) agreed that it actually is a top priority for this
country.
(6) The Harris STEM Survey also states that ``Only one in
five STEM college students felt that their K-12 education
prepared them extremely well for their college courses in
STEM.''.
SEC. 3. STEM INNOVATION NETWORKS.
Title II of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6601 et seq.) is amended by adding at the end the following new
part:
``PART E--STEM INNOVATION NETWORKS
``SEC. 2501. PURPOSE.
``It is the purpose of this part to authorize a program to provide
competitive grants to State educational agencies or local educational
agencies to establish STEM innovation networks in partnership with
institutions of higher education, nonprofit organizations, other public
agencies, or businesses to increase the number of students who are
effectively prepared for postsecondary education and careers in STEM
fields by--
``(1) working with States and local educational agencies to
develop comprehensive plans for identifying, developing,
testing, and implementing evidence-based practices to provide
rich STEM learning opportunities for students; and
``(2) supporting the implementation of such plans by
employing of wide range of strategies, depending on local
needs, including the recruitment, preparation, and professional
development of effective STEM educators, the development and
testing of teaching and learning models that enable students to
successfully meet STEM-focused State academic standards
developed under section 1111, and student engagement in STEM
subjects.
``SEC. 2502. GRANT PROGRAM.
``(a) In General.--From the amounts appropriated under subsection
(i), the Secretary shall award grants, on a competitive basis, to
eligible entities to establish STEM Innovation networks to increase
student achievement in STEM subjects and increase the number of
students who are effectively prepared for postsecondary education and
careers in STEM fields.
``(b) Number of Grants.--The Secretary shall award not less than 5
and not more than 10 grants under this section for each fiscal year.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that include a high-
need local educational agency or a State educational agency that serves
a high-need local educational agency.
``(d) Application.--
``(1) In general.--An eligible entity that desires to
receive a grant under this section shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(2) Contents.--An application submitted by an eligible
entity under paragraph (1) shall include a description of the
activities that will be carried out with the grant received
under this section, and how such activities will address the
needs identified by the eligible entity, with respect to
preparing students for postsecondary education and careers in
STEM fields, including--
``(A) a description of the data for elementary
schools and secondary schools in the State or States
served by the eligible entity on--
``(i) student achievement in the STEM
subjects;
``(ii) teacher evaluation results or
ratings in STEM subjects; and
``(iii) student access to STEM subjects,
especially for students enrolled in high-need
schools or residing in high-need communities;
``(B) a review of the workforce needs in the State
or States served by the eligible entity in occupations
and sectors that require knowledge or training in STEM
subjects;
``(C) based on a review of the data described in
subparagraph (A) and the workforce needs under
subparagraph (B)--
``(i) an identification of the STEM
subjects that the eligible entity will address
with the grant funds; and
``(ii) a description of the activities the
eligible entity will carry out to improve
instruction in such STEM subjects using
evidence-based programs of instruction that are
aligned with State academic standards and
assessments developed under section 1111;
``(D) a description of how the activities carried
out with the grant funds will integrate with informal
STEM programs;
``(E) results from an analysis carried out before
the submission of such application by the eligible
entity or a member of the eligible entity of STEM
subject education quality and outcomes in the State or
States served by the eligible entity, if available;
``(F) whether the eligible entity will provide
matching funds from private sources (which are not
Federal, State, or local sources) to carry out the
activities under subsection (e); and
``(G) a description of how the activities carried
out with the grant funds will be coordinated with other
Federal, State, and local programs and activities
relating to STEM, and how the activities carried out
with the grant funds may improve or benefit such other
programs and activities.
``(e) Uses of Funds.--
``(1) Required activities.--An eligible entity shall use a
grant received under this section to establish and maintain
STEM innovation networks to effectively prepare students for
postsecondary education and careers in STEM fields by carrying
out the following:
``(A) Increasing student awareness about STEM
career pathways that reflect the STEM workforce needs
identified under subsection (d)(2)(B).
``(B) Developing statewide plans that integrate and
align workforce needs with education and training
programs that prepare students for college degree
pathways and careers in STEM fields, which result in 2-
year degrees, trade certifications, or other measures
of STEM-specific workforce skills.
``(C) Identifying points of weakness and strength
of State STEM education efforts, prioritizing
strategies for addressing problem areas with respect to
such efforts, and communicating the needs of the State
or States served by the eligible entity.
``(2) Authorized activities.--An eligible entity may use a
grant received under this section to carry out the following:
``(A) Promoting and developing in school and out-
of-school curricular tools and professional development
for STEM educators at the elementary school and
secondary school levels.
``(B) Providing induction and mentoring services to
new teachers in STEM subjects that the eligible entity
identifies under subsection (d)(2)(C).
``(C) Promoting and developing rigorous
undergraduate preservice teacher programs at
institutions of higher education that emphasize STEM
content.
``(D) Supporting the participation of elementary
school and secondary school students (especially
students enrolled in high-need schools or residing in
high-need communities) in competitions, out-of-school
activities, and field experiences related to STEM
subjects.
``(E) Assisting in the implementation and
assessment of rigorous career and college ready
standards in STEM education for students in
prekindergarten through grade 12.
``(F) Developing STEM-related education and
workforce training programs in secondary schools and
community colleges to reflect the needs of the local
community.
``(f) Supplement, Not Supplant.--Funds received under this part
shall be used to supplement, and not supplant, funds that would
otherwise be used for activities authorized under this part.
``(g) Maintenance of Effort.--A State that receives funds under
this part for a fiscal year shall maintain the fiscal effort provided
by the State for the STEM subjects supported by the funds under this
part at a level equal to or greater than the level of such fiscal
effort for the preceding fiscal year.
``(h) Definitions.--
``(1) Eligible entity.--The term `eligible entity' means 1
or more State educational agencies or local educational
agencies in partnership with 1 or more of the following
entities that have a demonstrated record of success in
improving student achievement in STEM subjects:
``(A) A nonprofit organization.
``(B) A business.
``(C) A STEM faculty or teacher training department
of an institution of higher education.
``(D) An educational service agency.
``(E) Another entity.
``(2) Community college.--The term `community college' has
the meaning given the term in section 3301.
``(3) High-need community.--The term `high-need community'
has the meaning given the term in section 2151(e)(9).
``(4) High-need local educational agency.--The term `high-
need local educational agency' has the meaning given the term
in section 2102.
``(5) High-need school.--The term `high-need school' has
the meaning given the term in section 2312.
``(6) Informal stem program.--The term `informal STEM
program' means a STEM program that takes place outside of a
standard school setting, and may include an afterschool, out-
of-school, summer, or other STEM education program that takes
place outside of the regular school day in a school setting or
other learning environment.
``(7) STEM.--The term `STEM' means science, technology,
engineering, or mathematics, including other academic subjects
or fields--
``(A) that build on those disciplines, such as
computer science; or
``(B) that a State identifies as important to the
workforce of the State.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated $150,000,000 for fiscal year 2015 and each succeeding
fiscal year.''.
SEC. 4. CONFORMING AMENDMENT.
The table of contents in section 2 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting
after the item relating to part D of title II the following:
``Part E--STEM Innovation Networks
``Sec. 2501. Purpose.
``Sec. 2502. Grant program.''. | Innovative STEM Networks Act or the I-STEM Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive grants to states or local educational agencies (LEAs) to establish STEM (science, technology, engineering, or mathematics) innovation networks in partnership with nonprofit organizations, businesses, institutions of higher education (IHEs), educational service agencies, or other entities to prepare students for postsecondary education and careers in the STEM fields. Directs the Secretary of Education to: (1) award no less than 5 and no more than 10 of those grants each fiscal year, and (2) give priority to grantees that include or serve a high-need LEA. Requires the grants to be used to: increase student awareness about STEM career pathways that reflect STEM workforce needs in the area, develop statewide plans that integrate and align workforce needs with STEM education and training programs that provide students with STEM-specific skills and credentials, and identify the strengths and weaknesses in state STEM education efforts and prioritize strategies to address those weaknesses. Authorizes the grants to be used to: promote and develop in-school and out-of-school curricular tools and professional development for STEM educators at the elementary and secondary school level; provide induction and mentoring services to new teachers in STEM subjects; promote and develop rigorous undergraduate pre-service teacher programs at IHEs that emphasize STEM content; support the participation of elementary and secondary school students in STEM-related competitions, out-of-school activities, and field experiences; assist in the implementation and assessment of rigorous career and college ready standards in STEM education for students in prekindergarten through grade 12; and develop STEM-related education and workforce training programs in secondary schools and community colleges that reflect local community needs. | {"src": "billsum_train", "title": "I-STEM Act"} | 2,353 | 369 | 0.548321 | 1.603485 | 0.873588 | 3.104046 | 6.557803 | 0.913295 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Production and Safety Act
of 2011''.
SEC. 2. OIL SPILL RESPONSE AND CONTAINMENT.
(a) Response Plans.--The Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) is amended by inserting after section 9 the
following:
``SEC. 10. EXPLORATION PLANS.
``(a) In General.--Notwithstanding any other provision of this Act,
in the case of each exploration plan submitted after the date of
enactment of this Act, the Secretary shall require the incorporation
into the exploration plan of a third-party reviewed response plan that
describes the means and timeline for containment and termination of an
ongoing discharge of oil (other than a de minimis discharge, as
determined by the Secretary) at the depth at which the exploration,
development, or production authorized under the exploration plan is to
take place.
``(b) Technological Feasibility.--Before determining whether to
approve a new exploration plan under subsection (a), the Secretary
shall certify the technological feasibility of methods proposed to be
used under a response plan described in that paragraph, as demonstrated
by the potential lessee through simulation, demonstration, or other
means.''.
(b) Public/private Task Force on Oil Spill Response and
Mitigation.--
(1) In general.--The Secretary of Energy, acting through
the Office of Science of the Department of Energy, shall use
available funds in the Ultra-Deepwater and Unconventional
Natural Gas and Other Petroleum Research Fund established under
section 999H of the Energy Policy Act of 2005 (42 U.S.C.
16378), and such other funds as are necessary, to conduct a
study, in collaboration with the Office of Fossil Energy of the
Department, on means of improving prevention methodologies and
technological responses to oil spills and mitigating the
effects of oil spills on natural habitat.
(2) Task force.--As part of the study required under this
subsection, the Secretary shall convene a task force composed
of representatives of the private sector, institutions of
higher education, and the National Academy of Sciences--
(A) to assess the prevention methodologies and
technological response to the blowout and explosion of
the mobile offshore drilling unit Deepwater Horizon
that occurred on April 20, 2010, and resulting
hydrocarbon releases into the environment;
(B) to assess the adequacy of existing technologies
for prevention and responses to deep water oil spills;
and
(C) to recommend means of improving prevention
methodologies and technological responses to future oil
spills (including drilling relief wells) and mitigating
the effects of the oil spills on natural habitat.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress,
the President, the Secretary of Homeland Security, the
Administrator of the Environmental Protection Agency, the
Secretary of the Interior, and the Secretary of Defense a
report that describes the results of the study conducted under
this subsection, including a recommended standard for
technological best practices for prevention of and responses to
oil spills, practice drills for emergency responses, and any
other recommendations.
(c) Study on Federal Response to Oil Spills.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of existing capabilities and legal
authorities of the Federal Government to prevent and respond to
oil spills.
(2) Deepwater horizon incident.--As part of the study
required under this subsection, the Comptroller General of the
United States shall assess the extent to which the capabilities
and authorities described in paragraph (1) have been fully used
in the response to the blowout and explosion of the mobile
offshore drilling unit Deepwater Horizon that occurred on April
20, 2010, and resulting hydrocarbon releases into the
environment.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that describes the
results of the study conducted under this subsection, including
any recommendations.
SEC. 3. CONDUCT OF CERTAIN PROPOSED OIL AND GAS LEASE SALES.
(a) Definitions.--In this section:
(1) Environment impact statement for the 2007-2012 5-year
ocs plan.--The term ``Environmental Impact Statement for the
2007-2012 5-Year OCS Plan'' means the Final Environmental
Impact Statement for the Outer Continental Shelf Oil and Gas
Leasing Program: 2007-2012 prepared by the Secretary and dated
April 2007.
(2) Multi-sale environmental impact statement.--The term
``Multi-Sale Environmental Impact Statement'' means the
Environmental Impact Statement for Proposed OCS Oil and Gas
Lease Sales 193, 204, 205, 206, 207, 208, 209, 210, 212, 215,
and 218, 213, 216, and 222 prepared by the Secretary and dated
September 2008.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Requirement to Conduct Certain Proposed Oil and Gas Lease
Sales.--
(1) In general.--In accordance with section 8 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337), the Secretary
shall conduct--
(A) as soon as practicable, but not later than 120
days, after the date of enactment of this Act, offshore
oil and gas lease sale 216;
(B) as soon as practicable, but not later than 240
days, after the date of enactment of this Act, offshore
oil and gas lease sale 218;
(C) as soon as practicable, but not later than 1
year, after the date of enactment of this Act, offshore
oil and gas lease sale 220;
(D) as soon as practicable after the date of
enactment of this Act, but not later than June 1, 2012,
offshore oil and gas lease sale 222;
(E) not later than September 1, 2012, offshore oil
and gas lease sale 209; and
(F) not later than December 31, 2012, offshore oil
and gas lease sale 212.
(2) Prohibition on conflicts with military operations.--The
Secretary shall not make any tract available for leasing under
paragraph (1)(C) if the President, acting through the Secretary
of Defense, determines that drilling activity on the tract
would create an unreasonable conflict with military operations.
(3) Environmental review.--For the purposes of lease sale
193 and each of the lease sales authorized under subparagraphs
(A), (B), (D), (E), and (F) of paragraph (1), the Environmental
Impact Statement for the 2007-2012 5-Year OCS Plan and the
Multi-Sale Environmental Impact Statement shall be considered
to satisfy the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 4. APPROVAL OR DENIAL OF DRILLING PERMITS.
(a) Amendment.--Section 11 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1340) is amended by striking subsection (d) and inserting
the following:
``(d) Drilling Permits.--
``(1) In general.--The Secretary shall, by regulation,
require that any lessee operating under an approved exploration
plan obtain a permit--
``(A) before the lessee drills a well in accordance
with the plan; and
``(B) before the lessee significantly modifies the
well design originally approved by the Secretary.
``(2) Safety review required.--The Secretary shall not
issue a permit under paragraph (1) until the date on which the
Secretary determines that the proposed drilling operations meet
all--
``(A) critical safety system requirements
(including requirements relating to blowout
prevention); and
``(B) oil spill response and containment
requirements.
``(3) Approval or denial of permit.--
``(A) In general.--Subject to subparagraph (B), not
later than 30 days after the date on which the
Secretary receives an application for a permit under
paragraph (1), the Secretary shall approve or deny the
application.
``(B) Extensions.--
``(i) In general.--The Secretary may extend
the deadline under subparagraph (A) by an
additional 15 days on not more than 2
occasions, if the Secretary provides to the
applicant prior written notice of the delay in
accordance with clause (ii).
``(ii) Notice requirements.--The written
notice required under clause (i) shall--
``(I) be in the form of a letter
from the Secretary or a designee of the
Secretary; and
``(II) include the names and titles
of the persons processing the
application, the specific reasons for
the delay, and the date on which a
final decision on the application is
expected.
``(C) Denial.--If the Secretary denies an
application under subparagraph (A), the Secretary shall
provide the applicant--
``(i) written notice that includes--
``(I) a clear and comprehensive
description of the reasons for denying
the application; and
``(II) detailed information
concerning any deficiencies in the
application; and
``(ii) an opportunity--
``(I) to address the reasons
identified under clause (i)(I); and
``(II) to remedy the deficiencies
identified under clause (i)(II).
``(D) Failure to approve or deny application.--If
the Secretary has not approved or denied the
application by the date that is 60 days after the date
on which the application was received by the Secretary,
the application shall be considered to be approved.''.
(b) Deadline for Certain Permit Applications Under Existing
Leases.--
(1) Definition of covered application.--In this subsection,
the term ``covered application'' means an application for a
permit to drill under an oil and gas lease under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in effect
on the date of enactment of this Act, that--
(A) represents a resubmission of an approved permit
to drill (including an application for a permit to
sidetrack) that was approved by the Secretary before
May 27, 2010; and
(B) is received by the Secretary after October 12,
2010, and before the end of the 30-day period beginning
on the date of enactment of this Act.
(2) In general.--Notwithstanding the amendment made by
subsection (a), a lease under which a covered application is
submitted to the Secretary of the Interior shall be considered
to be in directed suspension during the period beginning May
27, 2010, and ending on the date on which the Secretary issues
a final decision on the application, if the Secretary does not
issue a final decision on the application--
(A) before the end of the 30-day period beginning
on the date of enactment of this Act, in the case of a
covered application submitted before the date of
enactment of this Act; or
(B) before the end of the 30-day period beginning
on the date on which the application is received by the
Secretary, in the case of a covered application
submitted on or after the date of enactment of this
Act.
SEC. 5. EXTENSION OF CERTAIN OUTER CONTINENTAL SHELF LEASES.
(a) Definition of Covered Lease.--In this section, the term
``covered lease'' means each oil and gas lease for the Gulf of Mexico
outer Continental Shelf region issued under section 8 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337) that--
(1)(A) was not producing as of April 30, 2010; or
(B) was suspended from operations, permit processing, or
consideration, in accordance with the moratorium set forth in
the Minerals Management Service Notice to Lessees and Operators
No. 2010-N04, dated May 30, 2010, or the decision memorandum of
the Secretary of the Interior entitled ``Decision memorandum
regarding the suspension of certain offshore permitting and
drilling activities on the Outer Continental Shelf'' and dated
July 12, 2010; and
(2) by the terms of the lease, would expire on or before
December 31, 2011.
(b) Extension of Covered Leases.--The Secretary of the Interior
shall extend the term of a covered lease by 1 year.
(c) Effect on Suspensions of Operations or Production.--The
extension of covered leases under this section is in addition to any
suspension of operations or suspension of production granted by the
Minerals Management Service or Bureau of Ocean Energy Management,
Regulation and Enforcement after May 1, 2010.
SEC. 6. JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO OUTER CONTINENTAL
SHELF ACTIVITIES IN THE GULF OF MEXICO.
(a) Definitions.--In this section:
(1) Covered civil action.--The term ``covered civil
action'' means a civil action containing a claim under section
702 of title 5, United States Code, regarding ``agency action''
(as the term is used in that section) affecting a covered
energy project.
(2) Covered energy project.--
(A) In general.--The term ``covered energy
project'' mean the leasing of Federal land of the outer
Continental Shelf (including submerged land) for the
exploration, development, production, processing, or
transmission of oil, natural gas, wind, or any other
source of energy in the Gulf of Mexico, including any
action under such a lease.
(B) Exclusions.--The term ``covered energy
project'' does not include any disputes between the
parties to a lease regarding the obligations under a
lease described in subparagraph (A), including
regarding any alleged breach of the lease.
(b) Exclusive Venue for Certain Civil Actions Relating to Covered
Energy Projects in the Gulf of Mexico.--Venue for any covered civil
action shall be in the United States Court of Appeals for the Fifth
Circuit, unless there is no proper venue in any court within the United
States Court of Appeals for the Fifth Circuit.
(c) Time Limitation on Filing.--A covered civil action shall be
barred unless the covered civil action is filed not later than the end
of the 60-day period beginning on the date of the final Federal agency
action to which the covered civil action relates.
(d) Expedition in Hearing and Determining the Action.--The court
shall endeavor to hear and determine any covered civil action as
expeditiously as possible.
(e) Standard of Review.--In any judicial review of a covered civil
action--
(1) administrative findings and conclusions relating to the
challenged Federal action or decision shall be presumed to be
correct; and
(2) the presumption under paragraph (1) may be rebutted
only by the preponderance of the evidence contained in the
administrative record.
(f) Limitation on Prospective Relief.--In a covered civil action,
the court shall not grant or approve any prospective relief unless the
court finds that the relief--
(1) is narrowly drawn;
(2) extends no further than necessary to correct the
violation of a legal requirement; and
(3) is the least intrusive means necessary to correct that
violation.
(g) Limitation on Attorneys' Fees.--
(1) In general.--Sections 504 of title 5, United States
Code, and 2412 of title 28, United States Code, shall not apply
to a covered civil action.
(2) Prohibition.--No party to a covered civil action shall
receive payment from the Federal Government for attorneys'
fees, expenses, or other court costs. | Offshore Production and Safety Act of 2011 - Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior (Secretary) to require an exploration plan to incorporate a third-party reviewed response plan which describes the means and timeline to contain and terminate an ongoing discharge of oil.
Requires the Secretary to certify, as a prerequisite to plan approval, the technological feasibility of methods proposed to be used under a response plan, as demonstrated by the potential lessee through simulation, demonstration, or other means.
Directs the Secretary of Energy (DOE), acting through the DOE Office of Science, to use specified funds to study, in collaboration with the DOE Office of Fossil Energy, means of improving prevention methodologies and technological responses to oil spills and mitigating the effects of oil spills on natural habitat.
Requires the DOE Secretary, as part of the study, to convene a task force to assess: (1) such methodologies and technological response to the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon on April 20, 2010, and the resulting hydrocarbon releases into the environment; as well as (2) the adequacy of existing technologies for prevention and responses to deep water oil spills.
Directs the Comptroller General to study existing federal capabilities and legal authorities to prevent and respond to oil spills.
Instructs the Secretary to conduct certain oil and gas lease sales within specified deadlines.
States that such lease sales are considered to satisfy the requirements of the National Environmental Policy Act of 1969.
Prohibits the Secretary from issuing a permit without ensuring that the proposed drilling operations meet all: (1) critical safety system requirements, including blowout prevention; and (2) oil spill response and containment requirements. Requires the Secretary to decide whether to issue a permit within 30 days after receiving an application. Allows up to two 15-day extensions of such deadline. Prescribes implementation procedures.
Imposes a deadline for a final decision on certain permit applications under existing leases.
Directs the Secretary to extend by one year the terms of certain oil and gas leases (covered leases) for the Gulf of Mexico outer Continental Shelf (OCS) region.
Establishes any district court within the Fifth Circuit as the exclusive venue for civil actions relating to covered energy projects on leased federal land in the Gulf of Mexico unless there is no proper venue within that circuit.
Bars such a civil action unless it is filed within 60 days after the final federal action to which it relates.
Sets forth a standard of review under which: (1) the court is directed to hear and determine any covered civil action as expeditiously as possible; and (2) any judicial review of a covered civil action makes a presumption that the administrative findings and conclusions relating to the challenged federal action or decision are correct.
Sets restrictions on prospective relief.
Prohibits federal payment of attorneys' fees, expenses, and other court costs to any party in a covered civil action under this Act. | {"src": "billsum_train", "title": "A bill to authorize the conduct of certain lease sales in the Outer Continental Shelf, to amend the Outer Continental Shelf Lands Act to modify the requirements for exploration, and for other purposes."} | 3,487 | 644 | 0.669935 | 2.333105 | 0.821145 | 3.552265 | 5.517422 | 0.918118 |
(a) Short Title.--This Act may be cited as the ``Native American
Programs Amendments of 1996''.
(b) Native American Community Development Financial Institution.--
(1) Authority for grant.--Section 803A of the Native
American Programs Act of 1974 (42 U.S.C. 2991b-1) is amended to
read as follows:
``SEC. 803A. ESTABLISHMENT OF NATIVE AMERICAN COMMUNITY DEVELOPMENT
FINANCIAL INSTITUTION.
``(a) Authority To Make One Grant.--From funds appropriated to
carry out this title and subject to subsection (c), the Commissioner
shall make 1 grant to 1 eligible Hawaiian entity to establish and
operate a Native Hawaiian community development financial institution
for purposes of providing technical assistance and loans to Native
Hawaiians for economic development in the State of Hawaii.
``(b) Eligibility To Receive Grant.--To be eligible to receive the
grant authorized by subsection (a), a Hawaiian entity shall submit to
the Commissioner, in such form and containing such information as the
Commissioner may require, an application that includes the following:
``(1) An assurance that such entity will, as a condition of
receiving such grant, contribute to the Native Hawaiian
community development financial institution to be established
operated with such grant, an amount of capital from non-Federal
sources that is not less than the amount of such grant.
``(2) Information that demonstrates that the Native
Hawaiian community development financial institution proposed
to be established and operated by such entity will be capable
of operating, and will operate, successfully, on a self-
sustaining basis after receiving such grant and such capital.
``(c) Selection of Grantee.--The Commissioner may make the grant
authorized by subsection (a) only to 1 eligible Hawaiian entity whose
application submitted in accordance with subsection (b) satisfies the
Commissioner that the Native Hawaiian community development financial
institution proposed to be established and operated by such entity will
successfully carry out the purposes specified in subsection (a).''.
(2) Definitions.--Section 815 of the Native American
Programs Act of 1974 (42 U.S.C. 2992C) is amended--
(A) in paragraph (4) by adding ``and'' at the end,
(B) in paragraph (5) by striking ``; and'' and
inserting a period at the end,
(C) in paragraph (6) by striking the period at the
end and inserting a semicolon,
(D) by redesignating paragraphs (2), (3), (4), (5),
and (6) as paragraphs (3), (5), (8), (9), and (4),
respectively,
(E) by inserting after paragraph (1) the following:
``(2) `Hawaiian entity' means--
``(A) the Office of Hawaiian Affairs of the State
of Hawaii,
``(B) a Native Hawaiian organization, or
``(C) the Office of Hawaiian Affairs of the State
of Hawaii and 1 Native Hawaiian organization, acting
jointly;''
(F) by transferring paragraph (4), as so
redesignated, so as to insert such paragraph after
paragraph (3), as so redesignated, and
(G) by inserting after paragraph (5), as so
redesignated the following:
``(6) `Native Hawaiian community development financial
institution' means a person (other than an individual) that--
``(A) qualifies as a community development
financial institution, as defined in section 102(5) of
the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4702(5));
``(B) satisfies the requirements applicable under
such Act to applicants for assistance from the
Community Development Financial Institutions Fund
established under section 104(a) of such Act;
``(C) demonstrates a special interest and expertise
in serving the primary economic development and
mortgage lending needs of the Native Hawaiian
community; and
``(D) demonstrates that it has the endorsement of
the Native Hawaiian community;
``(7) `Native Hawaiian organization' means an organization
serving Native Hawaiians in the State of Hawaii that--
``(A) is a nonprofit organization;
``(B) is controlled by Native Hawaiians; and
``(C) whose business activities will principally
benefit Native Hawaiians ;''.
(c) Additional Provision.--Section 812 of the Native American
Programs Act of 1974 (42 U.S.C. 2992a) is repealed.
(d) Authorization of Appropriations.--Section 816 of the Native
American Programs Act of 1974 (42 U.S.C. 2992d) is amended to read as
follows:
``SEC. 816. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$35,000,000 for fiscal year 1997 and such sums as may be necessary for
fiscal years 1998, 1999, 2000, and 2001.''.
(e) Effective Date; Transition Provisions.--
(1) Effective date.--Except as provided in paragraphs (2)
and (3), this Act and the amendments made by this Act shall
take effect on October 1, 1996.
(2) Special effective date.--Subsection (d) shall take
effect on the date of the enactment of this Act.
(3) Transition provision.--Section 803A as in effect before
October 1, 1996, shall remain in effect with respect to all
funds made available under such section before such date. | Native American Programs Amendments of 1996 - Authorizes the Commissioner of the Office of Hawaiian Affairs of the State of Hawaii to make one grant to one eligible Hawaiian entity to establish and operate a Native Hawaiian community development financial institution. Sets forth eligibility requirements. Authorizes appropriations. | {"src": "billsum_train", "title": "Native American Programs Amendments of 1996"} | 1,215 | 62 | 0.608876 | 1.401513 | 0.801556 | 3.923077 | 21.346154 | 0.884615 |
-T-h-a-t -s-e-c-t-i-o-n -2-8-0-5 -o-f -t-h-e -R-e-c-r-e-a-t-i-o-n
-M-a-n-a-g-e-m-e-n-t -A-c-t -o-f -1-9-9-2 -(-1-6 -U-.-S-.-C-.
-4-6-0-l---3-1-) -i-s -a-m-e-n-d-e-d -b-y -a-d-d-i-n-g -a-t -t-h-e
-e-n-d -t-h-e -f-o-l-l-o-w-i-n-g-:
-`-`-(-e-) -P-e-n-a-l-t-y-.----A-n-y -p-e-r-s-o-n -w-h-o
-v-i-o-l-a-t-e-s -a-n-y -r-e-g-u-l-a-t-i-o-n -i-s-s-u-e-d -u-n-d-e-r
-s-u-b-s-e-c-t-i-o-n -(-a-)-(-2-) -s-h-a-l-l -b-e -f-i-n-e-d -i-n
-a-c-c-o-r-d-a-n-c-e -w-i-t-h -t-i-t-l-e -1-8-, -U-n-i-t-e-d
-S-t-a-t-e-s -C-o-d-e-, -o-r -i-m-p-r-i-s-o-n-e-d -n-o-t -m-o-r-e
-t-h-a-n -6 -m-o-n-t-h-s-, -o-r -b-o-t-h-, -(-a-n-d -m-a-y -b-e
-a-d-j-u-d-g-e-d -t-o -p-a-y -a-l-l -c-o-s-t-s -o-f -t-h-e
-p-r-o-c-e-e-d-i-n-g-s-)-.
-`-`-(-f-) -L-a-w -E-n-f-o-r-c-e-m-e-n-t -O-f-f-i-c-e-r-s-.---
-`-`-(-1-) -B-u-r-e-a-u -o-f -r-e-c-l-a-m-a-t-i-o-n -l-a-w
-e-n-f-o-r-c-e-m-e-n-t -o-f-f-i-c-e-r-s-.----I-n
-a-d-d-i-t-i-o-n -t-o -a-n-y -o-t-h-e-r -a-u-t-h-o-r-i-t-i-e-s
-c-o-n-f-e-r-r-e-d -b-y -l-a-w-, -t-h-e -S-e-c-r-e-t-a-r-y -o-f
-t-h-e -I-n-t-e-r-i-o-r -i-s -a-u-t-h-o-r-i-z-e-d -t-o
-d-e-s-i-g-n-a-t-e-, -p-u-r-s-u-a-n-t -t-o -s-t-a-n-d-a-r-d-s
-p-r-e-s-c-r-i-b-e-d -i-n -r-e-g-u-l-a-t-i-o-n-s -b-y -t-h-e
-S-e-c-r-e-t-a-r-y-, -c-e-r-t-a-i-n -o-f-f-i-c-e-r-s -o-r
-e-m-p-l-o-y-e-e-s -o-f -t-h-e -D-e-p-a-r-t-m-e-n-t -o-f -t-h-e
-I-n-t-e-r-i-o-r -w-h-o -s-h-a-l-l -m-a-i-n-t-a-i-n -l-a-w
-a-n-d -o-r-d-e-r -a-n-d -p-r-o-t-e-c-t -p-e-r-s-o-n-s -a-n-d
-p-r-o-p-e-r-t-y -w-i-t-h-i-n -t-h-e -a-r-e-a-s -s-u-b-j-e-c-t
-t-o -t-h-e -j-u-r-i-s-d-i-c-t-i-o-n -o-f -t-h-e -B-u-r-e-a-u
-o-f -R-e-c-l-a-m-a-t-i-o-n-. -I-n -t-h-e
-p-e-r-f-o-r-m-a-n-c-e -o-f -s-u-c-h -d-u-t-i-e-s-, -t-h-e
-o-f-f-i-c-e-r-s -o-r -e-m-p-l-o-y-e-e-s -s-o
-d-e-s-i-g-n-a-t-e-d -m-a-y---
-`-`-(-A-) -c-a-r-r-y -f-i-r-e-a-r-m-s -a-n-d
-m-a-k-e -a-r-r-e-s-t-s -w-i-t-h-o-u-t -w-a-r-r-a-n-t
-f-o-r -a-n-y -o-f-f-e-n-s-e -a-g-a-i-n-s-t -t-h-e
-U-n-i-t-e-d -S-t-a-t-e-s -c-o-m-m-i-t-t-e-d -i-n
-t-h-e-i-r -p-r-e-s-e-n-c-e-, -o-r -f-o-r -a-n-y
-f-e-l-o-n-y -c-o-g-n-i-z-a-b-l-e -u-n-d-e-r -t-h-e
-l-a-w-s -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -i-f
-t-h-e-y -h-a-v-e -r-e-a-s-o-n-a-b-l-e -g-r-o-u-n-d-s
-t-o -b-e-l-i-e-v-e -t-h-a-t -t-h-e -p-e-r-s-o-n -t-o
-b-e -a-r-r-e-s-t-e-d -h-a-s -c-o-m-m-i-t-t-e-d -o-r
-i-s -c-o-m-m-i-t-t-i-n-g -s-u-c-h -a -f-e-l-o-n-y-,
-i-f -s-u-c-h -a-r-r-e-s-t-s -o-c-c-u-r -w-i-t-h-i-n
-s-u-c-h -a-r-e-a-s -o-f -j-u-r-i-s-d-i-c-t-i-o-n -o-f
-t-h-e -B-u-r-e-a-u -o-r -t-h-e -p-e-r-s-o-n -t-o -b-e
-a-r-r-e-s-t-e-d -i-s -f-l-e-e-i-n-g -t-h-e-r-e-f-r-o-m
-t-o -a-v-o-i-d -a-r-r-e-s-t-;
-`-`-(-B-) -e-x-e-c-u-t-e -a-n-y -w-a-r-r-a-n-t
-o-r -o-t-h-e-r -p-r-o-c-e-s-s -i-s-s-u-e-d -b-y -a
-c-o-u-r-t -o-r -o-f-f-i-c-e-r -o-f -c-o-m-p-e-t-e-n-t
-j-u-r-i-s-d-i-c-t-i-o-n -f-o-r -t-h-e
-e-n-f-o-r-c-e-m-e-n-t -o-f -t-h-e -p-r-o-v-i-s-i-o-n-s
-o-f -a-n-y -F-e-d-e-r-a-l -l-a-w -o-r
-r-e-g-u-l-a-t-i-o-n -i-s-s-u-e-d -p-u-r-s-u-a-n-t -t-o
-l-a-w -a-r-i-s-i-n-g -o-u-t -o-f -a-n -o-f-f-e-n-s-e
-c-o-m-m-i-t-t-e-d -i-n -a -B-u-r-e-a-u -o-f
-R-e-c-l-a-m-a-t-i-o-n -p-r-o-j-e-c-t -o-r-, -w-h-e-r-e
-t-h-e -p-e-r-s-o-n -s-u-b-j-e-c-t -t-o -t-h-e
-w-a-r-r-a-n-t -o-r -p-r-o-c-e-s-s -i-s -i-n -t-h-a-t
-p-r-o-j-e-c-t-, -i-n -c-o-n-n-e-c-t-i-o-n -w-i-t-h
-a-n-y -F-e-d-e-r-a-l -o-f-f-e-n-s-e-; -a-n-d
-`-`-(-C-) -c-o-n-d-u-c-t
-i-n-v-e-s-t-i-g-a-t-i-o-n-s -o-f -o-f-f-e-n-s-e-s
-a-g-a-i-n-s-t -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s
-c-o-m-m-i-t-t-e-d -i-n -t-h-e -j-u-r-i-s-d-i-c-t-i-o-n
-o-f -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n
-i-n -t-h-e -a-b-s-e-n-c-e -o-f
-i-n-v-e-s-t-i-g-a-t-i-o-n -t-h-e-r-e-o-f -b-y -a-n-y
-o-t-h-e-r -F-e-d-e-r-a-l -l-a-w -e-n-f-o-r-c-e-m-e-n-t
-a-g-e-n-c-y -h-a-v-i-n-g -i-n-v-e-s-t-i-g-a-t-i-v-e
-j-u-r-i-s-d-i-c-t-i-o-n -o-v-e-r -t-h-e
-o-f-f-e-n-s-e-s -c-o-m-m-i-t-t-e-d -o-r -w-i-t-h
-t-h-e -c-o-n-c-u-r-r-e-n-c-e -o-f -s-u-c-h -o-t-h-e-r
-a-g-e-n-c-y-;
-`-`-(-2-) -S-p-e-c-i-a-l -p-o-l-i-c-e-.----T-h-e
-S-e-c-r-e-t-a-r-y-, -a-c-t-i-n-g -t-h-r-o-u-g-h -t-h-e
-C-o-m-m-i-s-s-i-o-n-e-r-, -m-a-y---
-`-`-(-A-) -d-e-s-i-g-n-a-t-e -o-f-f-i-c-e-r-s
-a-n-d -e-m-p-l-o-y-e-e-s -o-f -a-n-y -o-t-h-e-r
-F-e-d-e-r-a-l -a-g-e-n-c-y -o-r -l-a-w
-e-n-f-o-r-c-e-m-e-n-t -p-e-r-s-o-n-n-e-l -o-f -a-n-y
-S-t-a-t-e -o-r -p-o-l-i-t-i-c-a-l
-s-u-b-d-i-v-i-s-i-o-n -t-h-e-r-e-o-f-, -w-h-e-n
-d-e-e-m-e-d -e-c-o-n-o-m-i-c-a-l -a-n-d -i-n -t-h-e
-p-u-b-l-i-c -i-n-t-e-r-e-s-t -a-n-d -w-i-t-h -t-h-e
-c-o-n-c-u-r-r-e-n-c-e -o-f -t-h-a-t -a-g-e-n-c-y -o-r
-t-h-a-t -S-t-a-t-e -o-r -s-u-b-d-i-v-i-s-i-o-n-, -t-o
-a-c-t -a-s -s-p-e-c-i-a-l -p-o-l-i-c-e -i-n -t-h-e
-a-r-e-a-s -u-n-d-e-r -t-h-e -j-u-r-i-s-d-i-c-t-i-o-n
-o-f -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n
-w-h-e-n -s-u-p-p-l-e-m-e-n-t-a-l -l-a-w
-e-n-f-o-r-c-e-m-e-n-t -p-e-r-s-o-n-n-e-l -m-a-y -b-e
-n-e-e-d-e-d -a-n-d -t-o -e-x-e-r-c-i-s-e -t-h-e
-p-o-w-e-r-s-, -s-p-e-c-i-f-i-e-d -i-n
-p-a-r-a-g-r-a-p-h -(-1-)-;
-`-`-(-B-) -c-o-o-p-e-r-a-t-e -w-i-t-h -t-h-e
-B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n -s-y-s-t-e-m
-a-n-d -w-i-t-h -a-n-y -S-t-a-t-e-, -o-r
-p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n
-t-h-e-r-e-o-f-, -i-n -t-h-e -e-n-f-o-r-c-e-m-e-n-t
-o-r -s-u-p-e-r-v-i-s-i-o-n -o-f -t-h-e -l-a-w-s -o-r
-o-r-d-i-n-a-n-c-e-s -o-f -t-h-a-t -S-t-a-t-e -o-r
-s-u-b-d-i-v-i-s-i-o-n-s-; -a-n-d
-`-`-(-C-) -p-r-o-v-i-d-e -l-i-m-i-t-e-d
-r-e-i-m-b-u-r-s-e-m-e-n-t-, -t-o -a -S-t-a-t-e -o-r
-i-t-s -p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n-s-,
-i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -s-u-c-h
-r-e-g-u-l-a-t-i-o-n-s -a-s -t-h-e -S-e-c-r-e-t-a-r-y
-m-a-y -p-r-e-s-c-r-i-b-e-, -w-h-e-r-e -t-h-e
-S-t-a-t-e -h-a-s -c-e-d-e-d -c-o-n-c-u-r-r-e-n-t
-l-e-g-i-s-l-a-t-i-v-e -j-u-r-i-s-d-i-c-t-i-o-n
-o-v-e-r -t-h-e -a-f-f-e-c-t-e-d -a-r-e-a -o-f -t-h-e
-B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n -s-y-s-t-e-m-,
-f-o-r -e-x-p-e-n-d-i-t-u-r-e-s -i-n-c-u-r-r-e-d -i-n
-c-o-n-n-e-c-t-i-o-n -w-i-t-h -t-h-e
-a-c-t-i-v-i-t-i-e-s -o-f -t-h-e -S-t-a-t-e -o-r
-p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -w-i-t-h-i-n
-t-h-e -B-u-r-e-a-u -p-r-o-j-e-c-t -w-h-i-c-h -w-e-r-e
-r-e-n-d-e-r-e-d -p-u-r-s-u-a-n-t -t-o -t-h-i-s
-p-a-r-a-g-r-a-p-h-; -a-n-d
-`-`-(-D-) -p-e-r-f-o-r-m -a-n-y -o-t-h-e-r -l-a-w
-e-n-f-o-r-c-e-m-e-n-t -d-u-t-y -s-p-e-c-i-f-i-e-d -b-y
-t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e
-I-n-t-e-r-i-o-r-.
-`-`-(-3-) -R-u-l-e-s -r-e-l-a-t-i-n-g -t-o -s-p-e-c-i-a-l
-o-f-f-i-c-e-r-s-.---
-`-`-(-A-) -E-x-c-e-p-t -a-s -o-t-h-e-r-w-i-s-e
-p-r-o-v-i-d-e-d -i-n -t-h-i-s -s-u-b-s-e-c-t-i-o-n-,
-a -l-a-w -e-n-f-o-r-c-e-m-e-n-t -o-f-f-i-c-e-r -o-f
-a-n-y -S-t-a-t-e -o-r -p-o-l-i-t-i-c-a-l
-s-u-b-d-i-v-i-s-i-o-n -t-h-e-r-e-o-f
-d-e-s-i-g-n-a-t-e-d -t-o -a-c-t -a-s -s-p-e-c-i-a-l
-p-o-l-i-c-e -u-n-d-e-r -p-a-r-a-g-r-a-p-h -(-2-)
-s-h-a-l-l -n-o-t -b-e -d-e-e-m-e-d -a -F-e-d-e-r-a-l
-e-m-p-l-o-y-e-e -a-n-d -s-h-a-l-l -n-o-t -b-e
-s-u-b-j-e-c-t -t-o -t-h-e -p-r-o-v-i-s-i-o-n-s -o-f
-l-a-w -r-e-l-a-t-i-n-g -t-o -F-e-d-e-r-a-l
-e-m-p-l-o-y-m-e-n-t-, -i-n-c-l-u-d-i-n-g -(-b-u-t
-n-o-t -l-i-m-i-t-e-d -t-o-) -t-h-o-s-e
-r-e-l-a-t-i-n-g -t-o -h-o-u-r-s -o-f -w-o-r-k-,
-r-a-t-e-s -o-f -c-o-m-p-e-n-s-a-t-i-o-n-, -l-e-a-v-e-,
-u-n-e-m-p-l-o-y-m-e-n-t -c-o-m-p-e-n-s-a-t-i-o-n-,
-a-n-d -F-e-d-e-r-a-l -b-e-n-e-f-i-t-s-.
-`-`-(-B-) -F-o-r -p-u-r-p-o-s-e-s -o-f -t-h-e
-t-o-r-t -c-l-a-i-m -p-r-o-v-i-s-i-o-n-s -o-f
-t-i-t-l-e -2-8-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-,
-a -l-a-w -e-n-f-o-r-c-e-m-e-n-t -o-f-f-i-c-e-r -o-f
-a-n-y -S-t-a-t-e -o-r -p-o-l-i-t-i-c-a-l
-s-u-b-d-i-v-i-s-i-o-n -t-h-e-r-e-o-f -s-h-a-l-l-,
-w-h-e-n -a-c-t-i-n-g -a-s -s-p-e-c-i-a-l -p-o-l-i-c-e
-u-n-d-e-r -p-a-r-a-g-r-a-p-h -(-2-)-, -b-e
-c-o-n-s-i-d-e-r-e-d -a -F-e-d-e-r-a-l
-e-m-p-l-o-y-e-e-.
-`-`-(-C-) -F-o-r -p-u-r-p-o-s-e-s -o-f
-s-u-b-c-h-a-p-t-e-r -I -o-f -c-h-a-p-t-e-r -8-1 -o-f
-t-i-t-l-e -5-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-,
-r-e-l-a-t-i-n-g -t-o -c-o-m-p-e-n-s-a-t-i-o-n -t-o
-F-e-d-e-r-a-l -e-m-p-l-o-y-e-e-s -f-o-r -w-o-r-k
-i-n-j-u-r-i-e-s-, -a -l-a-w -e-n-f-o-r-c-e-m-e-n-t
-o-f-f-i-c-e-r -o-f -a-n-y -S-t-a-t-e -o-r
-p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n
-t-h-e-r-e-o-f -s-h-a-l-l-, -w-h-e-n -a-c-t-i-n-g -a-s
-a -s-p-e-c-i-a-l -p-o-l-i-c-e-m-a-n -u-n-d-e-r
-p-a-r-a-g-r-a-p-h -(-2-)-, -b-e -d-e-e-m-e-d -t-o -b-e
-a -c-i-v-i-l -s-e-r-v-i-c-e -e-m-p-l-o-y-e-e -o-f
-t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -w-i-t-h-i-n -t-h-e
-m-e-a-n-i-n-g -o-f -t-h-e -t-e-r-m
-`-e-m-p-l-o-y-e-e-' -a-s -d-e-f-i-n-e-d -i-n
-s-e-c-t-i-o-n -8-1-0-1 -o-f -t-i-t-l-e -5-,
-U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -a-n-d -t-h-e
-p-r-o-v-i-s-i-o-n-s -o-f -t-h-a-t -s-u-b-c-h-a-p-t-e-r
-s-h-a-l-l -a-p-p-l-y-.
-`-`-(-4-) -S-t-a-t-u-s -o-f -a-u-t-h-o-r-i-t-i-e-s-.---
-T-h-e -a-u-t-h-o-r-i-t-i-e-s -p-r-o-v-i-d-e-d -b-y -t-h-i-s
-s-u-b-s-e-c-t-i-o-n -s-h-a-l-l -s-u-p-p-l-e-m-e-n-t -t-h-e
-l-a-w -e-n-f-o-r-c-e-m-e-n-t -r-e-s-p-o-n-s-i-b-i-l-i-t-i-e-s
-o-f -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n -a-n-d
-s-h-a-l-l -n-o-t -a-u-t-h-o-r-i-z-e -t-h-e
-d-e-l-e-g-a-t-i-o-n -o-f -l-a-w -e-n-f-o-r-c-e-m-e-n-t
-r-e-s-p-o-n-s-i-b-i-l-i-t-i-e-s -o-f -t-h-e -B-u-r-e-a-u -o-f
-S-t-a-t-e -a-n-d -l-o-c-a-l -g-o-v-e-r-n-m-e-n-t-s-.
-`-`-(-g-) -R-e-g-u-l-a-t-i-o-n-s -C-o-n-c-e-r-n-i-n-g -O-t-h-e-r
-A-c-t-i-v-i-t-i-e-s-.----T-h-e -S-e-c-r-e-t-a-r-y-, -a-c-t-i-n-g
-t-h-r-o-u-g-h -t-h-e -C-o-m-m-i-s-s-i-o-n-e-r-, -s-h-a-l-l
-e-n-f-o-r-c-e -r-e-g-u-l-a-t-i-o-n-s -i-s-s-u-e-d -u-n-d-e-r
-s-u-b-s-e-c-t-i-o-n -(-a-)-(-2-) -c-o-n-c-e-r-n-i-n-g -b-o-a-t-i-n-g
-a-n-d -o-t-h-e-r -a-c-t-i-v-i-t-i-e-s -o-n -o-r -r-e-l-a-t-i-n-g -t-o
-w-a-t-e-r-s -l-o-c-a-t-e-d -w-i-t-h-i-n -a-r-e-a-s -o-f -t-h-e
-B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n-, -i-n-c-l-u-d-i-n-g
-w-a-t-e-r-s -s-u-b-j-e-c-t -t-o -t-h-e -j-u-r-i-s-d-i-c-t-i-o-n -o-f
-t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-.
-`-`-(-h-) -S-a-v-i-n-g-s-.----N-o-t-h-i-n-g -c-o-n-t-a-i-n-e-d
-i-n -t-h-i-s -t-i-t-l-e -s-h-a-l-l -b-e -c-o-n-s-t-r-u-e-d -o-r
-a-p-p-l-i-e-d -t-o -l-i-m-i-t -o-r -r-e-s-t-r-i-c-t -t-h-e
-i-n-v-e-s-t-i-g-a-t-i-v-e -j-u-r-i-s-d-i-c-t-i-o-n -o-f -a-n-y
-F-e-d-e-r-a-l -l-a-w -e-n-f-o-r-c-e-m-e-n-t -a-g-e-n-c-y -o-t-h-e-r
-t-h-a-n -t-h-e -B-u-r-e-a-u -o-f -R-e-c-l-a-m-a-t-i-o-n-, -a-n-d
-n-o-t-h-i-n-g -s-h-a-l-l -b-e -c-o-n-s-t-r-u-e-d -o-r -a-p-p-l-i-e-d
-t-o -a-f-f-e-c-t -a-n-y -r-i-g-h-t -o-f -a -S-t-a-t-e -o-r
-p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -t-h-e-r-e-o-f -t-o
-e-x-e-r-c-i-s-e -c-i-v-i-l -a-n-d -c-r-i-m-i-n-a-l
-j-u-r-i-s-d-i-c-t-i-o-n -w-i-t-h-i-n -a-n-y -o-f -t-h-e -B-u-r-e-a-u
-o-f -R-e-c-l-a-m-a-t-i-o-n -p-r-o-j-e-c-t-s-.-'-'-.
That section 2805 of the Recreation Management Act of 1992 (16 U.S.C.
4601-31) is amended by adding at the end the following:
``(e) Penalty.--Any person who violates any regulation issued under
subsection (a)(2) shall be fined in accordance with title 18, United
States Code, or imprisoned not more than 6 months, or both, (and may be
adjudged to pay all costs of the proceedings).
``(f) Law Enforcement Officers.--
``(1) Bureau of reclamation law enforcement officers.--In
addition to any other authorities conferred by law, the
Secretary of the Interior is authorized to designate, pursuant
to standards prescribed in regulations by the Secretary,
certain officers or employees of the Department of the Interior
who shall maintain law and order and protect persons and
property within the areas subject to the jurisdiction of the
Bureau of Reclamation. In the performance of such duties, the
officers or employees so designated may--
``(A) carry firearms and make arrests without
warrant for any offense against the United States
committed in their presence, or for any felony
cognizable under the laws of the United States if they
have reasonable grounds to believe that the person to
be arrested has committed or is committing such a
felony, if such arrests occur within such areas of
jurisdiction of the Bureau or the person to be arrested
is fleeing therefrom the avoid arrest;
``(B) execute any warrant or other process issued
by a court or officer of competent jurisdiction for the
enforcement of the provisions of any Federal law or
regulation issued pursuant to law arising out of an
offense committed in an area subject to the
jurisdiction of the Bureau of Reclamation project, or,
where the person subject to the warrant or process is
in an area of Reclamation's jurisdiction, in connection
with any Federal offense;
``(C) conduct investigations of offenses against
the United States committed in the jurisdiction of the
Bureau of Reclamation in the absence of investigation
thereof by any other Federal law enforcement agency
having investigative jurisdiction over the offenses
committed or with the concurrence of such other agency;
``(D) cooperate with any State, or political
subdivision thereof, in the enforcement or supervision
of the laws or ordinances of that State or
subdivisions; and
``(E) perform any other law enforcement duty
specified by the Secretary of the Interior.
``(2) Special officers.--The Secretary, acting through the
Commissioner, may--
``(A) designate officers and employees of any other
Federal agency or law enforcement personnel of any
State or political subdivision thereof, when deemed
economical and in the public interest and with the
concurrence of that agency or that State or
subdivision, to act as special officers in the areas
under the jurisdiction of the Bureau of Reclamation
when supplemental law enforcement personnel may be
needed and to exercise the powers, specified in
paragraph (1); and
``(B) provide limited reimbursement, to a State or
its political subdivisions, in accordance with such
regulations as the Secretary may prescribe, where the
State has ceded concurrent legislative jurisdiction
over the affected area of the Bureau of Reclamation
system, for expenditures incurred in connection with
the activities of the State of political subdivision
within the Bureau project which were rendered pursuant
to this paragraph.
``(3) Rules relating to special officers.--
``(A) Except as otherwise provided in this
subsection, a law enforcement officer of any State or
political subdivision thereof designated to act as a
special officer under paragraph (2) shall not be deemed
a Federal employee and shall not be subject to the
provisions of law relating to Federal employment,
including (but not limited to) those relating to hours
of work, rates of compensation, leave, unemployment
compensation, and Federal benefits.
``(B) For purposes of the tort claim provisions of
title 28, United States Code, a law enforcement officer
of any State or political subdivision thereof shall,
when acting as a special officer under paragraph (2),
be considered a Federal employee.
``(C) For purposes of subchapter I of chapter 81 of
title 5, United States Code, relating to compensation
to Federal employees for work injuries, a law
enforcement officer of any State or political
subdivision thereof shall, when acting as a special
officer under paragraph (2), be deemed to be a civil
service employee of the United States within the
meaning of the `employee' as defined in section 8101 of
title 5, United States Code, and the provisions of that
subchapter shall apply.
``(4) Status of authorities.--The authorities provided by
this subsection shall supplement the law enforcement
responsibilities of the Bureau of Reclamation and shall not
authorize the delegation of law enforcement responsibilities of
the Bureau of State and local governments.
``(g) Jurisdiction.--Nothing contained in this title shall be
construed or applied to limit or restrict the investigative
jurisdiction of any Federal law enforcement agency other than the
Bureau of Reclamation, and nothing shall be construed or applied to
affect any right of a State or political subdivision thereof to
exercise civil and criminal jurisdiction within any of the Bureau of
Reclamation projects.''. | Amends the Recreation Management Act of 1992 to impose a fine or up to six months' imprisonment or both on persons who violate regulations issued by the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, regarding the management of reclamation lands. (Allows such persons to be adjudged to pay all costs of the proceedings.)
Authorizes the Secretary to designate certain officers or employees of the Department of the Interior to maintain law and order and to protect persons and property within the areas subject to the Bureau's jurisdiction.
Authorizes the Secretary, acting through the Commissioner, to: (1) designate officers and employees of any other Federal agency or law enforcement personnel of any State or political subdivision thereof, when deemed economical and in the public interest and with the concurrence of such appropriate entity, to act as special police in the areas under the Bureau's jurisdiction when supplemental law enforcement personnel may be needed and to exercise the same powers as designated Bureau law enforcement officers; and (2) provide limited reimbursement to a State or its political subdivisions for expenditures incurred in connection with such activities. | {"src": "billsum_train", "title": "A bill to amend the Recreation Management Act of 1992, and for other purposes."} | 11,403 | 234 | 0.128648 | 0.294656 | 0.473813 | 4.297674 | 44.6 | 0.911628 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bosnia and Herzegovina Self-Defense
Act of 1995''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) For the reasons stated in section 520 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236), the Congress has found that continued application of an
international arms embargo to the Government of Bosnia and
Herzegovina contravenes that Government's inherent right of
individual or collective self-defense under Article 51 of the
United National Charter and therefore is inconsistent with
international law.
(2) The United States has not formally sought multilateral
support for terminating the arms embargo against Bosnia and
Herzegovina through a vote on a United Nations Security Council
resolution since the enactment of section 1404 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337).
(3) The United Nations Security Council has not taken measures
necessary to maintain international peace and security in Bosnia
and Herzegovina since the aggression against that country began in
April 1992.
(4) The Contact Group, composed of representatives of the
United States, Russia, France, Great Britain, and Germany, has
since July 1994 maintained that in the event of continuing
rejection by the Bosnian Serbs of the Contact Group's proposal for
Bosnia and Herzegovina, a decision in the United Nations Security
Council to lift the Bosnian arms embargo as a last resort would be
unavoidable.
SEC. 3. STATEMENT OF SUPPORT.
The Congress supports the efforts of the Government of the Republic
of Bosnia and Herzegovina--
(1) to defend its people and the territory of the Republic;
(2) to preserve the sovereignty, independence, and territorial
integrity of the Republic; and
(3) to bring about a peaceful, just, fair, viable, and
sustainable settlement of the conflict in Bosnia and Herzegovina.
SEC. 4. TERMINATION OF ARMS EMBARGO.
(a) Termination.--The President shall terminate the United States
arms embargo of the Government of Bosnia and Herzegovina, as provided
in subsection (b), following--
(1) receipt by the United States Government of a request from
the Government of Bosnia and Herzegovina for termination of the
United States arms embargo and submission by the Government of
Bosnia and Herzegovina, in exercise of its sovereign rights as a
nation, of a request to the United Nations Security Council for the
departure of UNPROFOR from Bosnia and Herzegovina; or
(2) a decision by the United Nations Security Council, or
decisions by countries contributing forces to UNPROFOR, to withdraw
UNPROFOR from Bosnia and Herzegovina.
(b) Implementation of Termination.--The President may implement
termination of the United States arms embargo of the Government of
Bosnia and Herzegovina pursuant to subsection (a) prior to the date of
completion of the withdrawal of UNPROFOR personnel from Bosnia and
Herzegovina, but shall, subject to subsection (c), implement
termination of the embargo pursuant to that subsection no later than
the earlier of--
(1) the date of completion of the withdrawal of UNPROFOR
personnel from Bosnia and Herzegovina; or
(2) the date which is 12 weeks after the date of submission by
the Government of Bosnia and Herzegovina of a request to the United
Nations Security Council for the departure of UNPROFOR from Bosnia
and Herzegovina.
(c) Presidential Waiver Authority.--If the President determines and
reports in advance to Congress that the safety, security, and
successful completion of the withdrawal of UNPROFOR personnel from
Bosnia and Herzegovina in accordance with subsection (b)(2) requires
more time than the period provided for in that subsection, the
President may extend the time period available under subsection (b)(2)
for implementing termination of the United States arms embargo of the
Government of Bosnia and Herzegovina for a period of up to 30 days. The
authority in this subsection may be exercised to extend the time period
available under subsection (b)(2) for more than one 30-day period.
(d) Presidential Reports.--Within 7 days of the commencement of the
withdrawal of UNPROFOR from Bosnia and Herzegovina, and every 14 days
thereafter, the President shall report in writing to the President pro
tempore of the Senate and the Speaker of the House of Representatives
on the status and estimated date of completion of the withdrawal
operation. If any such report includes an estimated date of completion
of the withdrawal which is later than 12 weeks after commencement of
the withdrawal operation, the report shall include the operational
reasons which prevent the completion of the withdrawal within 12 weeks
of commencement.
(e) International Policy.--If the Government of Bosnia and
Herzegovina submits a request to the United Nations Security Council
for the departure of UNPROFOR from Bosnia and Herzegovina or if the
United Nations Security Council or the countries contributing forces to
UNPROFOR decide to withdraw from Bosnia and Herzegovina, as provided in
subsection (a), the President (or his representative) shall immediately
introduce and support in the United Nations Security Council a
resolution to terminate the application of United Nations Security
Council resolution 713 to the Government of Bosnia and Herzegovina. The
United States shall insist on a vote on the resolution by the Security
Council. The resolution shall, at a minimum, provide for the
termination of the applicability of United Nations Security Council
resolution 713 to the Government of Bosnia and Herzegovina no later
than the completion of the withdrawal of UNPROFOR personnel from Bosnia
and Herzegovina. In the event the United Nations Security Council fails
to adopt the resolution to terminate the application of United Nations
Security Council resolution 713 to the Government of Bosnia and
Herzegovina because of a lack of unanimity of the permanent members,
thereby failing to exercise its primary responsibility for the
maintenance of international peace and security, the United States
shall promptly endeavor to bring the issue before the General Assembly
for decision as provided for in the Assembly's Uniting for Peace
Resolution of 1950.
(f) Rule of Construction.--Nothing in this section shall be
interpreted as authorization for deployment of United States forces in
the territory of Bosnia and Herzegovina for any purpose, including
training, support, or delivery of military equipment.
(g) Definitions.--As used in this section--
(1) the term ``United States arms embargo of the Government of
Bosnia and Herzegovina'' means the application to the Government of
Bosnia and Herzegovina of--
(A) the policy adopted July 10, 1991, and published in the
Federal Register of July 19, 1991 (58 FR 33322) under the
heading ``Suspension of Munitions Export Licenses to
Yugoslavia''; and
(B) any similar policy being applied by the United States
Government as of the date of completion of withdrawal of
UNPROFOR personnel from Bosnia and Herzegovina, pursuant to
which approval is denied for transfers of defense articles and
defense services to the former Yugoslavia; and
(2) the term ``completion of the withdrawal of UNPROFOR
personnel from Bosnia and Herzegovina'' means the departure from
the territory of Bosnia and Herzegovina of substantially all
personnel participating in UNPROFOR and substantially all other
personnel assisting in their withdrawal, within a reasonable period
of time, without regard to whether the withdrawal was initiated
pursuant to a request by the Government of Bosnia and Herzegovina,
a decision by the United Nations Security Council, or decisions by
countries contributing forces
to UNPROFOR, but the term does not include such personnel as may
remain in Bosnia and Herzegovina pursuant to an agreement between
the Government of Bosnia and Herzegovina and the government of any
country providing such personnel.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Bosnia and Herzegovina Self-Defense Act of 1995 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia and Herzegovina following: (1) receipt by the United States of a request from the Government of Bosnia and Herzegovina for termination of such embargo and their submission of a request to the United Nations Security Council for the departure of UNPROFOR from Bosnia and Herzegovina; or (2) a decision by the Council, or decisions by countries contributing forces to UNPROFOR, to withdraw UNPROFOR from Bosnia and Herzegovina. Authorizes the President to implement the termination of the arms embargo before complete withdrawal of UNPROFOR from Bosnia and Herzegovina, but no later than the earlier of the date of complete withdrawal, or the date 12 weeks after submission of a withdrawal request to the Council by the Government of Bosnia and Herzegovina. Provides for extensions of such deadlines. Requires the United States to bring the issue of the termination of the arms embargo before the U.N. General Assembly if the U.N. Security Council fails to adopt a resolution to terminate such embargo because of the lack of unanimity of its permanent members. | {"src": "billsum_train", "title": "Bosnia and Herzegovina Self-Defense Act of 1995"} | 1,728 | 275 | 0.686821 | 1.964422 | 0.868407 | 4.742857 | 7.395238 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Back to School Act of
2013''.
SEC. 2. REPEAL OF TIME LIMITATIONS ON USE OF EDUCATIONAL ASSISTANCE
UNDER ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM.
(a) In General.--Section 3031 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(i)(1) Notwithstanding subsections (a) through (g) and any other
provision of law, the period during which a covered individual entitled
to educational assistance under this chapter may use such covered
individual's entitlement shall not end until the date that is 10 years
after the date on which such covered individual begins using such
benefit.
``(2) For purposes of this subsection, a covered individual is any
individual--
``(A) whose basic pay was reduced under paragraph (1) of
section 3011(b) of this title; or
``(B) with respect to whom an amount was collected under
paragraph (2) of such section.''.
(b) Conforming Amendment.--Section 3020(f) of such title is amended
by adding at the end the following new paragraph:
``(4) Subsection (i) of section 3031 of this title shall not apply
for purposes of this subsection.''.
(c) Effective Date.--Subsection (i) of section 3031 of such title,
as added by subsection (a), and paragraph (4) of section 3020(f) of
such title, as added by subsection (b), shall apply as if such
subsection and such paragraph had been enacted immediately after the
enactment of the Veterans' Educational Assistance Act of 1984 (Public
Law 98-525; 98 Stat. 2553).
SEC. 3. VETERANS EDUCATION OUTREACH PROGRAM.
(a) Establishment.--Chapter 36 of title 38, United States Code, is
amended by adding at the end of subchapter II the following new
section:
``Sec. 3697B. Veterans education outreach program
``(a) In General.--The Secretary shall provide funding for offices
of veterans affairs at institutions of higher learning, as defined in
section 3452(f), in accordance with this section.
``(b) Payments to Institutions of Higher Learning.--(1)(A) The
Secretary shall, subject to the availability of appropriations, make
payments to any institution of higher learning, under and in accordance
with this section, during any fiscal year if the number of persons
eligible for services from offices assisted under this section at the
institution is at least 50, determined in the same manner as the number
of eligible veterans or eligible persons is determined under section
3684(c) of this title.
``(B) The persons who are eligible for services from the offices
assisted under this section are persons receiving educational
assistance administered by the Department of Veterans Affairs,
including assistance provided under chapter 1606 of title 10.
``(2) To be eligible for a payment under this section, an
institution of higher learning or a consortium of institutions of
higher learning, as described in paragraph (3), shall submit an
application to the Secretary. The application shall--
``(A) set forth such policies, assurances, and procedures
that will ensure that--
``(i) the funds received by the institution, or
each institution in a consortium of institutions
described in paragraph (3), under this section will be
used solely to carry out this section;
``(ii) for enhancing the functions of its veterans
education outreach program, the applicant will expend,
during the academic year for which a payment is sought,
an amount equal to at least the amount of the award
under this section from sources other than this or any
other Federal program; and
``(iii) the applicant will submit to the Secretary
such reports as the Secretary may require or as are
required by this section;
``(B) contain such other statement of policies, assurances,
and procedures as the Secretary may require in order to protect
the financial interests of the United States;
``(C) set forth such plans, policies, assurances, and
procedures as will ensure that the applicant will maintain an
office of veterans' affairs which has responsibility for--
``(i) veterans' certification, outreach,
recruitment, and special education programs, including
the provision of or referral to educational,
vocational, and personal counseling for veterans; and
``(ii) providing information regarding other
services provided veterans by the Department, including
the readjustment counseling program authorized under
section 1712A of this title and the programs carried
out under chapters 41 and 42 of this title; and
``(D) be submitted at such time or times, in such manner,
in such form, and contain such information as the Secretary
determines necessary to carry out the functions of the
Secretary under this section.
``(3) An institution of higher learning which is eligible for
funding under this section and which the Secretary determines cannot
feasibly carry out, by itself, any or all of the activities set forth
in paragraph (2)(C), may carry out such program or programs through a
consortium agreement with one or more other institutions of higher
learning in the same community.
``(4) The Secretary shall not approve an application under this
subsection unless the Secretary determines that the applicant will
implement the requirements of paragraph (2)(C) within the first
academic year during which it receives a payment under this section.
``(c) Amount of Payments.--(1)(A) Subject to subparagraph (B), the
amount of the payment which any institution shall receive under this
section for any fiscal year shall be $100 for each person who is
described in subsection (b)(1)(B).
``(B) The maximum amount of payments to any institution of higher
learning, or any branch thereof which is located in a community which
is different from that in which the parent institution thereof is
located, in any fiscal year is $150,000.
``(2)(A) The Secretary shall pay to each institution of higher
learning which has had an application approved under subsection (b) the
amount which it is to receive under this section. If the amount
appropriated for any fiscal year is not sufficient to pay the amounts
which all such institutions are to receive, the Secretary shall ratably
reduce such payments. If any amount becomes available to carry out this
section for a fiscal year after such reductions have been imposed, such
reduced payments shall be increased on the same basis as they were
reduced.
``(B) In making payments under this section for any fiscal year,
the Secretary shall apportion the appropriation for making such
payments, from funds which become available as a result of the
limitation on payments set forth in paragraph (1)(B), in an equitable
manner.
``(d) Coordination and Provision of Assistance, Technical
Consultation, and Information.--The Secretary, in carrying out the
provisions of this section, shall seek to assure the coordination of
programs assisted under this section with other programs carried out by
the Department pursuant to this title, and the Secretary shall provide
all assistance, technical consultation, and information otherwise
authorized by law as necessary to promote the maximum effectiveness of
the activities and programs assisted under this section.
``(e) Best Practices and Administration.--(1) From the amounts made
available for any fiscal year under subsection (f), the Secretary shall
retain one percent or $20,000, whichever is less, for the purpose of
collecting information about exemplary veterans educational outreach
programs and disseminating that information to other institutions of
higher learning having such programs on their campuses. Such collection
and dissemination shall be done on an annual basis.
``(2) From the amounts made available under subsection (f), the
Secretary may retain not more than two percent for the purpose of
administering this section.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000 for fiscal year 2012
and each fiscal year thereafter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 36 of title 38, United States Code, is amended by inserting
after the item relating to section 3697A the following new item:
``3697B. Veterans education outreach program.''. | Veterans Back to School Act of 2013 - Provides that an individual's entitlement to educational assistance under the all-volunteer force veterans' educational assistance program shall not end until 10 years after the individual begins using such benefit. (Under current law, there are several more stringent time limits on the use of such assistance.) Requires the Secretary of Veterans Affairs (VA), under specified conditions, to fund offices of veterans affairs at eligible institutions of higher learning (institutions with at least 50 veteran-enrollees) for veterans' certification, outreach, recruitment, and special education programs. Limits payments to $15,000 per institution per fiscal year. Directs the Secretary to annually collect information about exemplary veterans educational outreach programs, and to disseminate such information to other institutions offering such programs. | {"src": "billsum_train", "title": "Veterans Back to School Act of 2013"} | 1,789 | 173 | 0.580106 | 1.517126 | 0.715123 | 2.610738 | 11.530201 | 0.852349 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The United States lags behind many of the other
industrialized nations in understanding the relationship of
design principles to the conceptualization and development of
high quality products and systems and to research and design
methodologies.
(2) Innovative and excellent design is critical to the
successful development, manufacturing, and marketing of
products and systems.
(3) Since 70 percent or more of the costs of product,
process, and system development, manufacture, and use is
determined during the initial design stage, design must be a
critical factor from the beginning of product development.
(4) A strong domestic design engineering capability can
reduce costs and enhance competitiveness.
(5) Excellence in design, including integrating
environmental objectives at the beginning of the production
process, improves the quality of life by creating useful, safe,
and attractive products and systems and by conserving
nonrenewable resources through the efficient use of materials
and the reduction of the generation of waste.
(6) Information technologies and concurrent engineering
processes can aid the concurrent design process. Information
technologies can also provide links among different industry
sectors.
(7) Greater efforts should be made to exhibit and promote,
both domestically and internationally, well-designed United
States products and systems.
(8) The United States, unlike many of its foreign economic
competitors, lacks a national strategy to promote and recognize
design excellence in its products and systems.
(9) Excellence in design can be enhanced through a
combination of efforts of the private and public sectors.
(10) A national design program to promote excellence in the
design of United States products and systems can enhance the
competitiveness of United States products and systems and
expand trade and economic opportunities for the people of the
United States.
(b) Purposes.--It is the purpose of this Act--
(1) to establish a United States Design Council as an
advisory committee within the Department of Commerce;
(2) to educate United States businesses with respect to the
importance of innovation and excellence in design to
competitiveness;
(3) to promote programs of research, development, and
technology transfer related to promoting understanding of the
principles and processes of design and design engineering; and
(4) to assist government agencies in developing and
encouraging innovation and excellence in design in their own
facilities and programs and by suppliers of products and
systems.
SEC. 2. DESIGN COUNCIL.
(a) Establishment.--
(1) In general.--There is established a United States
Design Council (hereinafter in this Act referred to as the
``Council'') as an advisory committee within the Department of
Commerce to advise the Secretary of Commerce on matters related
to design. The Council shall be composed of 17 members
appointed by the Secretary of Commerce as follows:
(A) 2 members who are employed as business
executives in the fields of product development,
manufacturing, and systems development.
(B) 2 members who are industrial designers.
(C) 4 members who have expertise in information
technologies, concurrent engineering, or environmental
engineering.
(D) 2 members who are architects.
(E) 2 members who are graphic designers.
(F) 3 members who are employees of Federal agencies
which have a specialized interest in innovation and
excellence in design.
(G) 2 members who are representatives of labor
organizations.
(2) Understanding of united states economy.--All members of
the Council shall be individuals who have a broad understanding
of the United States economy and the international competitive
position of the United States.
(3) Recommendations for appointments.--In making
appointments under this Act, the Secretary of Commerce shall
consider recommendations made by appropriate professional and
trade associations, and by any other persons concerned with the
innovative and excellent design of products and systems.
(4) Terms.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), each member of the Council
shall be appointed for a term of three years.
(B) Original appointments.--Of the members
originally appointed under this subsection, five
members shall be appointed for a term of one year and
five members shall be appointed for a term of two
years, as designated by the Secretary of Commerce at
the time of appointment.
(C) Other terms.--A member appointed to fill a
vacancy shall serve for the remainder of the term for
which the predecessor of such member was appointed. A
member may serve after the expiration of the member's
term until a successor has taken office.
(5) Vacancies.--A vacancy in the Council shall not affect
the powers of the Council and shall be filled in the same
manner in which the original appointment was made. No member
shall be eligible for reappointment during the one-year period
following the expiration of the member's term unless such
member served on the Council for less than one year.
(6) Chairperson.--The Secretary of Commerce shall designate
one member of the Council as Chairperson.
(7) Vice chairperson.--The Council shall elect one of its
members to serve as Vice Chairperson.
(8) Prohibition on compensation.--
(A) In general.--Except as provided in subparagraph
(B), members of the Council shall serve on the Council
without pay.
(B) Travel expenses.--Each member of the Council
shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702
and 5703 of title 5, United States Code.
(9) Meetings.--The Council shall meet not less than twice a
year. The Council shall meet at the call of the Chairperson or
a majority of its members.
(b) Advice and Recommendations.--The Council shall provide advice
and recommendations to the Secretary of Commerce on the performance by
the Secretary of the following functions:
(1) To support, as appropriate, private-sector efforts for
the development of voluntary standards for innovation,
appropriateness, and excellence in the design of products and
systems.
(2) To provide information to United States businesses on
the use of design in the strategic planning process and in
promoting their competitiveness.
(3) To plan and implement programs which will educate
United States businesses and the public with respect to the
value of innovation and excellence in design and to encourage
such businesses to promote such value in the design and
creation of products and systems.
(4) To consult and, to the extent practicable, coordinate
its activities with each Federal agency that is concerned with
the design of products, processes, and systems.
(5) To develop a repository of information on aspects of
design in manufacturing and economic development, and to make
the information available for use by the public.
(6) To devise and propose mechanisms by which the design
activities of each Federal agency referred to in this Act is
made known to, and coordinated with, the activities of each
other such Federal agency in a manner that will contribute to
the carrying out of this Act.
(7) To acquaint the public with the possibility of careers
in design.
(8) To encourage educational institutions to adopt courses
in design and in research related to design, and to include
materials related to the appreciation of design in various
courses of instruction.
(9) To cooperate, to the extent practicable, with State and
local governments, international organizations, and private
agencies concerned with innovation and excellence in the design
of products and systems.
(c) Powers.--
(1) In general.--The Council may prescribe such rules as
may be necessary to carry out its functions under this Act.
(2) Information.--The Council may secure directly from a
Federal agency such information as the Council may require to
carry out its functions under this Act. Upon request of the
Chairperson or Vice Chairperson of the Council, the head of the
Federal agency shall furnish the information to the Council.
(3) Advisory committees.--The Council may appoint advisory
committees to assist the Council in carrying out its functions
under this Act. A member of an advisory committee under this
paragraph may not receive compensation for the member's service
on the advisory committee.
(4) Mail.--The Council may use the United States mails in
the same manner and upon the same conditions as any other
Federal agency.
(d) Director; Staff, Experts and Consultants.--
(1) Director.--The Council shall have a Director who shall
be appointed by the Secretary of Commerce and who shall be paid
at a rate not to exceed the rate of basic pay payable for grade
15 of the General Schedule set forth in title 5, United States
Code.
(2) Staff.--The Council may appoint and fix the pay of any
staff in addition to the Director that the Council considers
necessary to carry out this Act.
(3) Applicability of civil service laws.--The staff of the
Council shall be appointed subject to the provisions of title
5, United States Code, and shall be paid in accordance with the
provisions of chapter 51 and subchapter III of chapter 53 of
such title, relating to classification and General Schedule pay
rates.
(4) Experts and consultants.--With the approval of the
Council, the Director may procure temporary and intermittent
services to the same extent as is authorized by section 3109(b)
of title 5, United States Code.
(5) Other assistance.--As permitted by law and as necessary
to carry out this Act, the Department of Commerce shall provide
to the Council any staff, available information, and other
assistance required by the Council to perform its functions
under this Act.
(e) Consultation and Coordination.--In providing advice and
recommendations to the Secretary of Commerce under this Act, the
Council may--
(1) consult with, and take into account the interests and
views of, representatives of United States commerce and
industry (including small businesses, science organizations,
industrial design organizations, engineering organizations, and
labor organizations), educational institutions, consumers,
other Federal agencies, State and local governments, nationally
recognized organizations that develop and coordinate standards,
and any other persons the Council considers appropriate;
(2) take into account relevant, ongoing activities in the
private and public sectors to avoid the unnecessary duplication
of such activities;
(3) provide for appropriate procedures pursuant to which
persons may, under the auspices of the Council, formulate,
recommend, or suggest to the Council specific programs for
coordinating innovation and excellence in design in each
industry or segment thereof;
(4) publicize in an appropriate manner programs and
standards proposed under this Act and provide an opportunity
for interested persons to submit comments on the programs and
standards;
(5) consult and cooperate with organizations and persons in
the United States who are working to gain international
recognition for design as a competitive advantage; and
(6) make recommendations to the Congress and the Secretary
of Commerce with respect to design issues, including--
(A) the impact of design on workers and on
different occupations and industries;
(B) the value to consumers of innovation and
excellence in design;
(C) the impact of design on society and the
economy;
(D) the effects of design on small businesses;
(E) the impact of design on the international
competitiveness of the United States; and
(F) the appropriateness of, and methods for, using
procurement by the Federal Government as a means to
effect innovation and excellence in design.
(f) Annual Report.--Each year, the Council shall submit to the
Secretary of Commerce and to the Congress a report that summarizes the
activities of the Council during the year preceding the year in which
the report is submitted. The report shall include any recommendations
the Council considers appropriate. | Establishes a United States Design Council as an advisory committee within the Department of Commerce to promote excellence and innovation in the design of U.S. products and systems in order to enhance U.S. competitiveness, trade, and economic opportunities. | {"src": "billsum_train", "title": "To establish a United States Design Council as an advisory committee within the Department of Commerce to promote understanding of the importance of design in the development of products and systems, and for other purposes."} | 2,392 | 52 | 0.641041 | 1.703152 | 1.119535 | 3.634146 | 58.829268 | 0.902439 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``The American Legion 100th Anniversary
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) on March 15, 1919, The American Legion was founded in
Paris, France, by members of the American Expeditionary Force
occupying Europe after World War I and concerned about the welfare
of their comrades and communities upon their return to the United
States;
(2) on September 16, 1919, Congress chartered The American
Legion, which quickly grew to become the largest veterans service
organization in the United States;
(3) The American Legion conferences in Washington, DC, in 1923
and 1924 crafted the first United States Flag Code, which was
adopted in schools, States, cities and counties prior to being
enacted in 1942, establishing the proper use, display, and respect
for the colors of the United States;
(4) during World War II, The American Legion developed and
presented to Congress its case for vastly improved support for
medically discharged, disabled veterans, which ultimately became
the Servicemen's Readjustment Act of 1944 (58 Stat. 284; chapter
268), better known as the G.I. Bill of Rights, and was drafted by
former American Legion National Commander Harry W. Colmery in
Washington's Mayflower Hotel;
(5) through the leadership and advocacy of The American Legion,
the G.I. Bill was enacted in June 1944, which led to monumental
changes in United States society, including the democratization of
higher education, home ownership for average people in the United
States, better VA hospitals, business and farm loans for veterans,
and the ability to appeal conditions of military discharge;
(6) defying those who argued the G.I. Bill would break the
Treasury, according to various researchers, the G.I. Bill provided
a tremendous return on investment of $7 to the United States
economy for every $1 spent on the program, triggering a half-
century of prosperity in the United States;
(7) after Hurricane Hugo in 1989, The American Legion
established the National Emergency Fund to provide immediate cash
relief for veterans who have been affected by natural disasters;
(8) American Legion National Emergency Fund grants after
Hurricanes Katrina and Rita in 2005, for instance, exceeded
$1,700,000;
(9) The American Legion fought to see the Veterans
Administration elevated to Cabinet-level status as the Department
of Veterans Affairs, ensuring support for veterans would be set at
the highest level of the Federal Government, as a priority issue
for the President;
(10) after a decades-long struggle to improve the adjudication
process for veterans disputing claims decisions, The American
Legion helped shape and introduce the Veterans Reassurance Act to
create a venue for judicial review of veterans' appeals;
(11) building on these efforts, legislation was passed in 1988
to create the United States Court of Veterans Appeals, today known
as the United States Court of Appeals for Veterans Claims;
(12) The American Legion created the American Legacy
Scholarship Fund for children of military members killed on active
duty on or after September 11, 2001;
(13) in 2016, The American Legion's National Executive
Committee amended the original scholarship criteria to include
children of veterans with 50 percent or greater VA disability
ratings;
(14) President George W. Bush signed into law the Post-9/11
Veterans Educational Assistance Act (title V of the Supplemental
Appropriations Act, 2008; 122 Stat. 2357), a next-generation G.I.
Bill strongly supported by The American Legion and the most
comprehensive educational benefits package since the original G.I.
Bill of Rights was enacted in 1944;
(15) in August 2018, The American Legion will begin its
centennial recognition at the 100th National Convention in
Minneapolis, Minnesota, the site of the first American Legion
National Convention; and
(16) in March 2019, the organization will celebrate its 100th
birthday in Paris, France, and September 16, 2019, will mark the
100th anniversary of The American Legion's Federal charter.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In recognition and celebration of the 100th
anniversary of The American Legion, the Secretary of the Treasury
(hereafter in this Act referred to as the ``Secretary'') shall mint and
issue the following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain not less than 90 percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-dollar
coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar coins
contained in section 5112(b) of title 31, United States Code.
(b) 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 sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design for the coins minted under this Act
shall be emblematic of The American Legion.
(b) Designations and Inscriptions.--On each coin minted under this
Act there shall be--
(1) a designation of the denomination of the coin;
(2) an inscription of the year ``2019''; and
(3) inscriptions of the words ``Liberty'', ``In God We Trust'',
``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with--
(A) the Commission of Fine Arts; and
(B) the Adjutant of The American Legion, as defined in the
constitution and bylaws of The American Legion; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2019.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price based upon the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin described under
section 3(a)(2).
(3) A surcharge of $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
The American Legion for costs related to--
(1) promoting the importance of and caring for those who have
served in uniform, ensuring they receive proper health care and
disability benefits earned through military service;
(2) promoting the importance of, and caring for, those who are
still serving in the Armed Forces;
(3) promoting the importance of maintaining the patriotic
values, morals, culture, and citizenship of the United States; and
(4) promoting the importance of maintaining strong families,
assistance for at-risk children, and activities that promote their
healthy and wholesome development.
(c) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
(d) Audit.--The recipient described under subsection (b) shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under
subsection (b).
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result in
any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are disbursed to
the recipient designated in section 7 until the total cost of
designing and issuing all of the coins authorized by this Act
(including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the House on September 25, 2017. The American Legion 100th Anniversary Commemorative Coin Act (Sec. 3) This bill requires the Department of the Treasury to mint and issue gold, silver, and half-dollar clad commemorative coins in recognition and celebration of the 100th anniversary of the American Legion. (Sec. 5) Treasury may issue coins minted under this bill for only a one-year period, beginning January 1, 2019. (Sec. 7) All sales of coins minted under this bill shall include a surcharge of $35 per gold coin, $10 per silver coin, and $5 per half-dollar clad coin. Surcharges received shall be paid to the American Legion for costs related to promoting the importance of: (1) caring for those who have served or are serving in the Armed Forces; and (2) maintaining patriotic values, strong families, and assistance for at-risk children. | {"src": "billsum_train", "title": "The American Legion 100th Anniversary Commemorative Coin Act"} | 2,248 | 208 | 0.425602 | 1.363757 | 0.680081 | 2.865285 | 10.989637 | 0.948187 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Office of Regulatory
Analysis Creation Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Federal regulations have had a positive impact in
protecting the environment and the health and safety of all
Americans; however, uncontrolled increases in the costs that
regulations place on the economy cannot be sustained;
(2) the legislative branch has a responsibility to see that
the laws it passes are properly implemented by the executive
branch;
(3) effective implementation of chapter 8 of title 5,
United States Code (relating to congressional review of agency
rulemaking) is essential to controlling the regulatory burden
that the Government places on the economy; and
(4) in order for the legislative branch to fulfill its
responsibilities under chapter 8 of title 5, United States
Code, it must have accurate and reliable information on which
to base its decisions.
SEC. 3. ESTABLISHMENT OF OFFICE.
(a) Establishment.--
(1) In general.--There is established a Congressional
Office of Regulatory Analysis (hereinafter in this Act referred
to as the ``Office''). The Office shall be headed by a
Director.
(2) Appointment.--The Director shall be appointed by the
Speaker of the House of Representatives and the majority leader
of the Senate without regard to political affiliation and
solely on the basis of the Director's ability to perform the
duties of the Office.
(3) Term.--The term of office of the Director shall be 4
years, but no Director shall be permitted to serve more than 3
terms. Any individual appointed as Director to fill a vacancy
prior to the expiration of a term shall serve only for the
unexpired portion of that term. An individual serving as
Director at the expiration of that term may continue to serve
until the individual's successor is appointed.
(4) Removal.--The Director may be removed by a concurrent
resolution of the Congress.
(5) Compensation.--The Director shall receive compensation
at a per annum gross rate equal to the rate of basic pay, as in
effect from time to time, for level III of the Executive
Schedule in section 5314 of title 5, United States Code.
(b) Personnel.--The Director shall appoint and fix the compensation
of such personnel as may be necessary to carry out the duties and
functions of the Office. All personnel of the Office shall be appointed
without regard to political affiliation and solely on the basis of
their fitness to perform their duties. The Director may prescribe the
duties and responsibilities of the personnel of the Office, and
delegate to them authority to perform any of the duties, powers, and
functions imposed on the Office or on the Director. For purposes of pay
(other than pay of the Director) and employment benefits, rights, and
privileges, all personnel of the Office shall be treated as if they
were employees of the House of Representatives.
(c) Experts and Consultants.--In carrying out the duties and
functions of the Office, the Director may procure the temporary (not to
exceed one year) or intermittent services of experts or consultants or
organizations thereof by contract as independent contractors, or, in
the case of individual experts or consultants, by employment at rates
of pay not in excess of the daily equivalent of the highest rate of
basic pay under the General Schedule of section 5332 of title 5, United
States Code.
(d) Relationship to Executive Branch.--The Director is authorized
to secure information, data, estimates, and statistics directly from
the various departments, agencies, and establishments of the executive
branch of Government, including the Office of Management and Budget,
and the regulatory agencies and commissions of the Government. All such
departments, agencies, establishments, and regulatory agencies and
commissions shall promptly furnish the Director any available material
which the Director determines to be necessary in the performance of the
Director's duties and functions (other than material the disclosure of
which would be a violation of law). The Director is also authorized,
upon agreement with the head of any such department, agency,
establishment, or regulatory agency or commission, to utilize its
services, facilities, and personnel with or without reimbursement; and
the head of each such department, agency, establishment, or regulatory
agency or commission is authorized to provide the Office such services,
facilities, and personnel.
(e) Relationship to Other Agencies of Congress.--In carrying out
the duties and functions of the Office, and for the purpose of
coordinating the operations of the Office with those of other
congressional agencies with a view to utilizing most effectively the
information, services and capabilities of all such agencies in carrying
out the various responsibilities assigned to each, the Director is
authorized to obtain information, data, estimates, and statistics
developed by the General Accounting Office, Congressional Budget
Office, and the Library of Congress, and (upon agreement with them) to
utilize their services, facilities, and personnel with or without
reimbursement. The Comptroller General, the Director of the
Congressional Budget Office, and the Librarian of Congress are
authorized to provide the Office with the information, data, estimates,
and statistics, and the services, facilities, and personnel, referred
to in the preceding sentence.
(f) Appropriations.--There are authorized to be appropriated to the
Office to enable it to carry out its duties and functions for fiscal
years 1998 through 2006 such sums as may be necessary but not to exceed
the amount appropriated to carry out chapter 35 of title 44, United
States Code.
SEC. 4. RESPONSIBILITIES.
(a) Transfer of Functions Under Chapter 8 From GAO to Office.--
(1) Director's new authority.--(A) Section 801 of title 5,
United States Code, is amended by striking ``Comptroller
General'' each place it occurs and inserting ``Director of the
Office''.
(B) Section 801(a)(2)(B) of title 5, United States Code, is
amended by striking ``Comptroller General's'' and inserting
``Director of the Office's''.
(2) Definition.--Section 804 of title 5, United States
Code, is amended by adding at the end the following:
``(4) The term `Director of the Office' means the Director
of the Congressional Office of Regulatory Affairs established
by section 3 of the Congressional Office of Regulatory Analysis
Creation Act.''.
(3) Major rules.--
(A) Regulatory impact analysis.--In addition to the
assessment of an agency's compliance with the
procedural steps for ``major'' rules described in
section 801(a)(2)(A) of title 5, United States Code,
the Office will also conduct its own regulatory impact
analysis of these ``major'' rules. This analysis shall
include--
(i) a description of the potential benefits
of the rule, including any beneficial effects
that cannot be quantified in monetary terms and
the identification of those likely to receive
the benefits;
(ii) a description of the potential costs
of the rule, including any adverse effects that
cannot be quantified in monetary terms and the
identification of those likely to bear the
costs;
(iii) a determination of the potential net
benefits of the rule, including an evaluation
of effects that cannot be quantified in
monetary terms;
(iv) a description of alternative
approaches that could achieve the same
regulatory goal at a lower cost, together with
an analysis of the potential benefit and costs
and a brief explanation of the legal reasons
why such alternatives, if proposed, could not
be adopted; and
(v) a summary of how these results differ,
if at all, from the results that the
promulgating agency received when conducting
similar analyses.
(B) Time for report to committees.--Section
801(a)(2)(A) of title 5, United States Code, is amended
by striking ``15'' and inserting ``45''.
(4) Nonmajor rules.--The Office shall conduct a regulatory
impact analyses, as defined in paragraph (3)(A), of any
nonmajor rule, as defined in section 804(3) of title 5, United
States Code, when requested to do so by a committee of the
House of Representatives or the Senate, or individual
Representative or Senator.
(5) Priorities.--
(A) Assignment.--To ensure that analysis of the
most significant regulations occurs, the Office shall
give first priority to, and is required to conduct
analyses of, all ``major'' rules, as defined in section
804(2) of title 5, United States Code. Secondary
priority shall be assigned to requests from committees
of the House of Representatives and the Senate.
Tertiary priority shall be assigned to requests from
individual Representatives and Senators.
(B) Discretion to director of office.--The Director
of the Office shall have the discretion to assign
priority among the secondary and tertiary requests.
(b) Transfer of Certain Functions Under the Unfunded Mandates
Reform Act of 1955 From CBO to Office.--
(1) Cost of regulations.--Section 103 of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C. 1511) is amended--
(A) in subsection (b), by striking ``the Director''
and inserting ``the Director of the Congressional
Office of Regulatory Analysis''; and
(B) in subsection (c), by inserting after ``Budget
Office'' the following: ``or the Director of the
Congressional Office of Regulatory Analysis''.
(2) Assistance to the congressional office of regulatory
analysis.--Section 206 of the Unfunded Mandates Reform Act of
1995 (2 U.S.C. 1536) is amended--
(A) by amending the section heading to read as
follows: ``sec. 206. assistance to the congressional
office of regulatory analysis.''; and
(B) in paragraph (2), by striking ``the Director of
the Congressional Budget Office'' and inserting ``the
Director of the Congressional Office of Regulatory
Analysis''.
(c) Other Reports.--In addition to the regulatory impact analyses
of major and nonmajor rules described in subsection (a) of this
section, the Office shall also issue an annual report on an estimate of
the total cost of Federal regulations on the United States economy.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 180
days after the date of enactment of this Act. | Congressional Office of Regulatory Analysis Creation Act - Establishes a Congressional Office of Regulatory Analysis (CORA). Authorizes: (1) CORA, in order to carry out its duties and coordinate its operations with other congressional agencies, to obtain information developed by the General Accounting Office, Congressional Budget Office (CBO), and the Congressional Research Service and to utilize the services, facilities, and personnel of such agencies without reimbursement; and (2) such other agencies to provide CORA with the information, services, facilities, and personnel. Requires CORA to provide the Committee on Government Reform and Oversight of the House of Representatives information that will assist the committee in the discharge of all matters within its jurisdiction, including information with respect to its jurisdiction over authorization and oversight of the Office of Information and Regulatory Affairs of the Office of Management and Budget. Authorizes appropriations through FY 2006, but prohibits authorization of appropriations for CORA in a year when the annual Legislative Branch appropriation exceeds the Legislative Branch appropriation for FY 1998, reduced by the amount appropriated for CORA for such year.
Transfers to the CORA Director the functions of the Comptroller General with respect to congressional review of agency rulemaking.
Extends the deadline by which the Director must report to appropriate congressional committees on each major rule from 15 to 30 calendar days after its submission to the Congress or publication in the Federal Register. Requires the report to include: (1) an assessment of the agency's compliance with the requirements of congressional review of agency rules; and (2) a specified analysis of the cost, and benefits of, and alternatives to, each major rule and, when requested by a Member or committee of Congress, a nonmajor rule. Amends the Unfunded Mandates Reform Act of 1995 to: (1) transfer to the Director functions of the CBO Director with respect to the comparison between agency and CBO mandate cost estimates; and (2) require the OMB Director, at the request of the CBO Director or the CORA Director, to cooperate in providing mandate cost estimates and related data.
Directs the OMB Director to collect agency statements prepared under such Act for forwarding to the CORA Director (currently CBO Director) after promulgation of the general notice of proposed rulemaking or of the final rule for which the statement was prepared.
Requires CORA to issue an annual report on an estimate of the total cost and benefits of all existing Federal regulations. | {"src": "billsum_train", "title": "Congressional Office of Regulatory Analysis Creation Act"} | 2,258 | 530 | 0.487077 | 1.51273 | 0.701272 | 2.120172 | 4.55794 | 0.811159 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Development Act''.
SEC. 2. DEVELOPING RENEWABLE ENERGY ON FEDERAL LANDS.
(a) In General.--The Secretary of the Interior shall carry out in
accordance with this section a program for the leasing of Federal lands
for the advancement, development, assessment, installation, and
operation of commercial renewable solar, wind, and geothermal energy
systems.
(b) Identification of Lands for Leasing.--
(1) Lands selection.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management and in
consultation with the Secretary of Energy, shall--
(A) identify lease sites comprising a total of
6,400,000 acres of Federal lands under the jurisdiction
of the Bureau of Land Management in the States of
Arizona, California, Colorado, Idaho, Montana, New
Mexico, Nevada, Oregon, Utah, Washington, and Wyoming
that are suitable and feasible for the installation and
operation of solar, wind, or geothermal energy systems,
subject to valid existing rights; and
(B) incorporate renewable energy development into
the relevant agency land use and resource management
plans or equivalent plans for the lands identified
under subparagraph (A).
(2) Minimum and maximum acreage of sites.--Each individual
lease site identified under paragraph (1)(A), other than under
a lease for a geothermal energy system, shall be a minimum of
1,280 acres and shall not exceed 12,800 acres.
(3) Lands released for leasing.--The Secretary shall
release for leasing under this section lease sites identified
under paragraph (1), in acreages that meet the following annual
milestones:
(A) By 2010, 79,012 acres.
(B) By 2011, 316,049 acres.
(C) By 2012, 711,111 acres.
(D) By 2013, 1,300,000 acres.
(E) By 2014, 2,000,000 acres.
(F) By 2015, 2,800,000 acres.
(G) By 2016, 3,700,000 acres.
(H) By 2017, 4,650,000 acres.
(I) By 2018, 5,800,000 acres.
(J) By 2019, 6,400,000 acres.
(4) Lands not included.--The following Federal lands shall
not be included within a renewable energy lands leasing program
under this Act:
(A) Components of the National Landscape
Conservation System.
(B) Wilderness and Wilderness Study Areas.
(C) Wild and Scenic Rivers.
(D) Federally designated National Scenic and
Historic Trails.
(E) Monuments.
(F) Resource Natural Areas.
(G) Lands requested by Governor of State to be
removed from consideration for renewable energy
development.
(c) Competitive Lease Sale Requirements Leasing Procedures.--
(1) Nominations.--The Secretary shall accept at any time
nominations of land identified under subsection (b) for leasing
under this Act, from any qualified person.
(2) Competitive lease sale required.--
(A) In general.--Except as otherwise specifically
provided by this Act, all land to be leased under this
Act that is not subject to leasing under paragraph (3)
shall be leased to the highest responsible qualified
bidder, as determined by the Secretary.
(B) Annual sales required.--The Secretary shall
hold a competitive lease sale under this Act at least
once every year for land in a State with respect to
which there is a nomination pending under paragraph (1)
of land otherwise available for leasing.
(3) Noncompetitive leasing.--The Secretary shall make
available for a period of 2 years for noncompetitive leasing
any tract for which a competitive lease sale is held under
paragraph (2), but for which the Secretary does not receive any
bids in such sale.
(4) Pending lease applications.--It shall be a priority for
the Secretary to ensure timely completion of administrative
actions and process applications for leasing of Federal lands
described in subsection (b)(1)(A) for installation and
operation of renewable energy systems, that are pending on the
date of enactment of this subsection.
(d) Leasing Time Period.--Any lease of lands under this section
shall be effective for a period of 30 years, with an option to renew
once for an additional period of 30 years.
SEC. 3. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, in accordance with section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the
Secretary of the Interior shall complete a programmatic environmental
impact statement for the renewable energy leasing program under section
2.
(b) Final Regulation.--Not later than 6 months after the completion
of the programmatic environmental impact statement under this section,
the Secretary shall publish a final regulation implementing this
section.
SEC. 4. DEPOSIT AND USE OF GEOTHERMAL LEASE REVENUES.
Section 234 of the Energy Policy Act of 2005 (42 U.S.C. 15873) is
amended--
(1) in the section heading, by striking ``for 5 fiscal
years''; and
(2) in subsection (a), by striking ``in the first 5 fiscal
years beginning after the date of enactment of this Act''.
SEC. 5. STUDY.
Not later than 2 years after the date of enactment of this Act, the
Secretary of the Interior shall complete a study of--
(1) barriers to additional access to Federal lands for
transmission of energy produced under leases awarded under the
renewable energy leasing program under this Act; and
(2) the need for energy transmission corridors on public
lands to address identified congestion or constraints. | Renewable Energy Development Act - Directs the Secretary of the Interior to carry out a program for the leasing of federal lands to advance, develop, assess, install, and operate commercial renewable solar, wind, and geothermal energy systems.
Requires the Secretary to: (1) identify lease sites comprised of a total of 6,400,000 acres under the jurisdiction of the Bureau of Land Management (BLM) in the states of Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming which are suitable for the installation and operation of solar, wind, or geothermal energy systems; and (2) incorporate renewable energy development into the relevant agency's land use and resource management plans, or equivalent plans for the identified lands.
Specifies the total annual amount of acreage that is to be released for leasing under this Act from 2010 to 2019. Excludes specified federal lands from inclusion within the program.
Sets forth requirements for competitive leasing sales and noncompetitive leasing of the lands to be leased.
Makes any lease of lands under this Act effective for a 30-year period.
Directs the Secretary to complete a programmatic environmental impact statement for the program and to publish a final regulation to implement this Act.
Directs the Secretary to study: (1) barriers to additional access to federal lands for the transmission of energy produced under leases awarded under such program; and (2) the need for energy transmission corridors on public lands to address identified congestion or constraints. | {"src": "billsum_train", "title": "To make renewable energy production a priority on certain public lands for the purpose of responsibly producing clean, affordable power for the American people."} | 1,262 | 318 | 0.675988 | 2.058862 | 0.825219 | 4.632302 | 3.90378 | 0.920962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Opportunity Patient
Empowerment Act of 2006''.
SEC. 2. FSA AND HRA TERMINATIONS TO FUND HSAS.
(a) In General.--Section 106 of the Internal Revenue Code of 1986
(relating to contributions by employer to accident and health plans) is
amended by adding at the end the following new subsection:
``(e) FSA and HRA Terminations to Fund HSAs.--
``(1) In general.--A plan shall not fail to be treated as a
health flexible spending arrangement or health reimbursement
arrangement under this section or section 105 merely because
such plan provides for a qualified HSA distribution.
``(2) Qualified hsa distribution.--The term `qualified HSA
distribution' means a distribution from a health flexible
spending arrangement or health reimbursement arrangement to the
extent that such distribution--
``(A) does not exceed the lesser of the balance in
such arrangement on September 21, 2006, or as of the
date of such distribution, and
``(B) is contributed by the employer directly to
the health savings account of the employee before
January 1, 2012.
Such term shall not include more than 1 distribution with
respect to any arrangement.
``(3) Additional tax for failure to maintain high
deductible health plan coverage.--
``(A) In general.--If, at any time during the
testing period, the employee is not an eligible
individual, then the amount of the qualified HSA
distribution--
``(i) shall be includible in the gross
income of the employee for the taxable year in
which occurs the first month in the testing
period for which such employee is not an
eligible individual, and
``(ii) the tax imposed by this chapter for
such taxable year on the employee shall be
increased by 10 percent of the amount which is
so includible.
``(B) Exception for disability or death.--Clauses
(i) and (ii) of subparagraph (A) shall not apply if the
employee ceases to be an eligible individual by reason
of the death of the employee or the employee becoming
disabled (within the meaning of section 72(m)(7)).
``(4) Definitions and special rules.--For purposes of this
subsection--
``(A) Testing period.--The term `testing period'
means the period beginning with the month in which the
qualified HSA distribution is contributed to the health
savings account and ending on the last day of the 12th
month following such month.
``(B) Eligible individual.--The term `eligible
individual' has the meaning given such term by section
223(c)(1).
``(C) Treatment as rollover contribution.--A
qualified HSA distribution shall be treated as a
rollover contribution described in section 223(f)(5).
``(5) Tax treatment relating to distributions.--For
purposes of this title--
``(A) In general.--A qualified HSA distribution
shall be treated as a payment described in subsection
(d).
``(B) Comparability excise tax.--
``(i) In general.--Except as provided in
clause (ii), section 4980G shall not apply to
qualified HSA distributions.
``(ii) Failure to offer to all employees.--
In the case of a qualified HSA distribution to
any employee, the failure to offer such
distribution to any eligible individual covered
under a high deductible health plan of the
employer shall (notwithstanding section
4980G(d)) be treated for purposes of section
4980G as a failure to meet the requirements of
section 4980G(b).''.
(b) Certain FSA Coverage Disregarded Coverage.--Subparagraph (B) of
section 223(c)(1) of such Code (relating to certain coverage
disregarded) is amended by striking ``and'' at the end of clause (i),
by striking the period at the end of clause (ii) and inserting ``,
and'', and by inserting after clause (ii) the following new clause:
``(iii) for taxable years beginning after
December 31, 2006, coverage under a health
flexible spending arrangement during any period
immediately following the end of a plan year of
such arrangement during which unused benefits
or contributions remaining at the end of such
plan year may be paid or reimbursed to plan
participants for qualified benefit expenses
incurred during such period if--
``(I) the balance in such
arrangement at the end of such plan
year is zero, or
``(II) the individual is making a
qualified HSA distribution (as defined
in section 106(e)) in an amount equal
to the remaining balance in such
arrangement as of the end of such plan
year, in accordance with rules
prescribed by the Secretary.''.
(c) Application of Section.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply to distributions on or after the date of the
enactment of this Act.
(2) Subsection (b).--The amendment made by subsection (b)
shall take effect on the date of the enactment of this Act.
SEC. 3. REPEAL OF ANNUAL DEDUCTIBLE LIMITATION ON HSA CONTRIBUTIONS.
(a) In General.--Paragraph (2) of section 223(b) of the Internal
Revenue Code of 1986 (relating to monthly limitation) is amended--
(1) in subparagraph (A) by striking ``the lesser of--'' and
all that follows and inserting ``$2,250.'', and
(2) in subparagraph (B) by striking ``the lesser of--'' and
all that follows and inserting ``$4,500.''.
(b) Conforming Amendment.--Section 223(d)(1)(A)(ii)(I) of such Code
is amended by striking ``subsection (b)(2)(B)(ii)'' and inserting
``subsection (b)(2)(B)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 4. MODIFICATION OF COST-OF-LIVING ADJUSTMENT.
Paragraph (1) of section 223(g) of the Internal Revenue Code of
1986 (relating to cost-of-living adjustment) is amended by adding at
the end the following new flush sentence:
``In the case of adjustments made for any taxable year
beginning after 2007, section 1(f)(4) shall be applied for
purposes of this paragraph by substituting `March 31' for
`August 31', and the Secretary shall publish the adjusted
amounts under subsections (b)(2) and (c)(2)(A) for taxable
years beginning in any calendar year no later than June 1 of
the preceding calendar year.''.
SEC. 5. CONTRIBUTION LIMITATION NOT REDUCED FOR PART-YEAR COVERAGE.
(a) Increase in Limit for Individuals Becoming Eligible Individuals
After Beginning of the Year.--Subsection (b) of section 223 of the
Internal Revenue Code of 1986 (relating to limitations) is amended by
adding at the end the following new paragraph:
``(8) Increase in limit for individuals becoming eligible
individuals after the beginning of the year.--
``(A) In general.--For purposes of computing the
limitation under paragraph (1) for any taxable year, an
individual who is an eligible individual during the
last month of such taxable year shall be treated--
``(i) as having been an eligible individual
during each of the months in such taxable year,
and
``(ii) as having been enrolled, during each
of the months such individual is treated as an
eligible individual solely by reason of clause
(i), in the same high deductible health plan in
which the individual was enrolled for the last
month of such taxable year.
``(B) Failure to maintain high deductible health
plan coverage.--
``(i) In general.--If, at any time during
the testing period, the individual is not an
eligible individual, then--
``(I) gross income of the
individual for the taxable year in
which occurs the first month in the
testing period for which such
individual is not an eligible
individual is increased by the
aggregate amount of all contributions
to the health savings account of the
individual which could not have been
made but for subparagraph (A), and
``(II) the tax imposed by this
chapter for any taxable year on the
individual shall be increased by 10
percent of the amount of such increase.
``(ii) Exception for disability or death.--
Subclauses (I) and (II) of clause (i) shall not
apply if the individual ceased to be an
eligible individual by reason of the death of
the individual or the individual becoming
disabled (within the meaning of section
72(m)(7)).
``(iii) Testing period.--The term `testing
period' means the period beginning with the
last month of the taxable year referred to in
subparagraph (A) and ending on the last day of
the 12th month following such month.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 6. EXCEPTION TO REQUIREMENT FOR EMPLOYERS TO MAKE COMPARABLE
HEALTH SAVINGS ACCOUNT CONTRIBUTIONS.
(a) In General.--Section 4980G of the Internal Revenue Code of 1986
(relating to failure of employer to make comparable health savings
account contributions) is amended by adding at the end the following
new subsection:
``(d) Exception.--For purposes of applying section 4980E to a
contribution to a health savings account of an employee who is not a
highly compensated employee (as defined in section 414(q)), highly
compensated employees shall not be treated as comparable participating
employees.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2006.
SEC. 7. ONE-TIME DISTRIBUTION FROM INDIVIDUAL RETIREMENT PLANS TO FUND
HSAS.
(a) In General.--Subsection (d) of section 408 of the Internal
Revenue Code of 1986 (relating to taxability of beneficiary of
employees' trust) is amended by adding at the end the following new
paragraph:
``(9) Distribution for health savings account funding.--
``(A) In general.--In the case of an individual who
is an eligible individual (as defined in section
223(c)) and who elects the application of this
paragraph for a taxable year, gross income of the
individual for the taxable year does not include a
qualified HSA funding distribution to the extent such
distribution is otherwise includible in gross income.
``(B) Qualified hsa funding distribution.--For
purposes of this paragraph, the term `qualified HSA
funding distribution' means a distribution from an
individual retirement plan (other than a plan described
in subsection (k) or (p)) of the employee to the extent
that such distribution is contributed to the health
savings account of the individual in a direct trustee-
to-trustee transfer.
``(C) Limitations.--
``(i) Maximum dollar limitation.--The
amount excluded from gross income by
subparagraph (A) shall not exceed the excess
of--
``(I) the annual limitation under
section 223(b) computed on the basis of
the type of coverage under the high
deductible health plan covering the
individual at the time of the qualified
HSA funding distribution, over
``(II) in the case of a
distribution described in clause
(ii)(II), the amount of the earlier
qualified HSA funding distribution.
``(ii) One-time transfer.--
``(I) In general.--Except as
provided in subclause (II), an
individual may make an election under
subparagraph (A) only for one qualified
HSA funding distribution during the
lifetime of the individual. Such an
election, once made, shall be
irrevocable.
``(II) Conversion from self-only to
family coverage.--If a qualified HSA
funding distribution is made during a
month in a taxable year during which an
individual has self-only coverage under
a high deductible health plan as of the
first day of the month, the individual
may elect to make an additional
qualified HSA funding distribution
during a subsequent month in such
taxable year during which the
individual has family coverage under a
high deductible health plan as of the
first day of the subsequent month.
``(D) Failure to maintain high deductible health
plan coverage.--
``(i) In general.--If, at any time during
the testing period, the individual is not an
eligible individual, then the aggregate amount
of all contributions to the health savings
account of the individual made under
subparagraph (A)--
``(I) shall be includible in the
gross income of the individual for the
taxable year in which occurs the first
month in the testing period for which
such individual is not an eligible
individual, and
``(II) the tax imposed by this
chapter for any taxable year on the
individual shall be increased by 10
percent of the amount which is so
includible.
``(ii) Exception for disability or death.--
Subclauses (I) and (II) of clause (i) shall not
apply if the individual ceased to be an
eligible individual by reason of the death of
the individual or the individual becoming
disabled (within the meaning of section
72(m)(7)).
``(iii) Testing period.--The term `testing
period' means the period beginning with the
month in which the qualified HSA funding
distribution is contributed to a health savings
account and ending on the last day of the 12th
month following such month.
``(E) Application of section 72.--Notwithstanding
section 72, in determining the extent to which an
amount is treated as otherwise includible in gross
income for purposes of subparagraph (A), the aggregate
amount distributed from an individual retirement plan
shall be treated as includible in gross income to the
extent that such amount does not exceed the aggregate
amount which would have been so includible if all
amounts from all individual retirement plans were
distributed. Proper adjustments shall be made in
applying section 72 to other distributions in such
taxable year and subsequent taxable years.''.
(b) Coordination With Limitation on Contributions to HSAs.--Section
223(b)(4) of such Code (relating to coordination with other
contributions) is amended by striking ``and'' at the end of
subparagraph (A), by striking the period at the end of subparagraph (B)
and inserting ``, and'', and by inserting after subparagraph (B) the
following new subparagraph:
``(C) the aggregate amount contributed to health
savings accounts of such individual for such taxable
year under section 408(d)(9) (and such amount shall not
be allowed as a deduction under subsection (a)).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Health Opportunity Patient Empowerment Act of 2006 - Amends Internal Revenue Code provisions relating to high deductible health plans and health savings accounts (HSAs).
(Sec. 2) Allows a one-time distribution of amounts in a health flexible spending arrangement or a health reimbursement arrangement to an HSA if such distribution takes place before January 1, 2012. Requires distribution amounts to be included in the gross income of any individual (except a deceased or disabled individual) who fails to maintain coverage in a high deductible health plan and imposes an additional 10% penalty tax on such amounts.
Allows certain coverage under a flexible spending arrangement for taxable years after December 31, 2006, to be disregarded for purposes of determining eligibility for high deductible health plan coverage.
(Sec. 3) Repeals the deductible limitations on tax deductions for contributions to HSAs.
(Sec. 4) Requires inflation adjustments to HSA contribution and deductible amounts to be determined at the end of the 12-month period ending on March 31 (currently, August 31). Requires the Secretary of the Treasury to publish inflation adjustments for HSA contribution and deductible amounts by June 1 of each year.
(Sec. 5) Allows individuals who establish an HSA after the beginning of a taxable year to make contributions up to the full annual limit.
(Sec. 6) Permits employers to make higher contributions to the HSAs of employees who are not highly compensated.
(Sec. 7) Allows a one-time tax-free distribution of individual retirement account (IRA) funds to an HSA. Requires distribution amounts to be included in the gross income of any individual (except a deceased or disabled individual) who fails to maintain coverage in a high deductible health plan and imposes an additional 10% penalty tax on such amounts. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand health coverage through the use of high deductible health plans and to encourage the use of health savings accounts."} | 3,419 | 408 | 0.627528 | 1.832376 | 0.767547 | 1.869565 | 8.834783 | 0.872464 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ATF Elimination Act''.
SEC. 2. ELIMINATION OF HIRING AUTHORITY OF THE BUREAU OF ALCOHOL,
TOBACCO, FIREARMS, AND EXPLOSIVES.
The hiring authority of the Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives is rescinded.
SEC. 3. TRANSFER PLAN.
(a) In General.--Within 180 days after the date of the enactment of
this Act, the Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, the Director of the Federal Bureau of Investigation, and
the Administrator of the Drug Enforcement Administration shall jointly
develop and submit to the Congress a plan for winding up the affairs of
the Bureau of Alcohol, Tobacco, Firearms, and Explosives pursuant to
this Act. The plan shall, to the maximum extent practicable, without
compromising core functions, eliminate and reduce duplicative,
unnecessary functions or waste.
(b) FBI Report to GSA on Excess Property To Be Transferred to the
FBI.--Within 1 year after the date of the enactment of this Act, the
Director of the Federal Bureau of Investigation shall transmit to the
Administrator of the General Services Administration a report that
specifies the property to be transferred to the Bureau pursuant to this
Act that the Director has determined will not be needed by the Bureau.
SEC. 4. ABOLITION OF BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND
EXPLOSIVES.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives is
abolished.
SEC. 5. TRANSFER OF FUNCTIONS RELATING TO THE FEDERAL FIREARMS,
EXPLOSIVES, AND ARSON LAWS, AND TO VIOLENT CRIME AND
DOMESTIC TERRORISM, TO THE FEDERAL BUREAU OF
INVESTIGATION.
(a) In General.--The functions relating to the investigation and
enforcement of criminal and regulatory violations of the Federal
firearms, explosives, and arson laws, and the investigation of violent
crime and domestic terrorism, which on the effective date of this Act,
were performed by the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, are hereby transferred to the Attorney General.
(b) Delegation of Functions.--The Attorney General shall delegate
to the Director of the Federal Bureau of Investigation the functions
transferred under this section.
(c) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to the Bureau of Alcohol, Tobacco, Firearms, and
Explosives with respect to functions transferred by this section--
(1) to the Secretary of the Treasury or the head of that
bureau is deemed to refer to the Attorney General; and
(2) to the Department of the Treasury or that bureau is
deemed to refer to the Department of Justice or the Federal
Bureau of Investigation, as appropriate.
SEC. 6. TRANSFER OF FUNCTIONS RELATING TO THE FEDERAL ALCOHOL AND
TOBACCO SMUGGLING LAWS TO THE DRUG ENFORCEMENT
ADMINISTRATION.
(a) In General.--The functions relating to investigation and
enforcement of criminal ad regulatory violations of the Federal alcohol
and tobacco smuggling laws, which on the effective date of this Act,
were performed by the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, are hereby transferred to the Attorney General.
(b) Delegation of Functions.--The Attorney General shall delegate
to the Administrator of Drug Enforcement the functions transferred
under this section.
(c) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to the Bureau of Alcohol, Tobacco, Firearms, and
Explosives with respect to functions transferred by this section--
(1) to the Secretary of the Treasury or the head of that
bureau is deemed to refer to the Attorney General; and
(2) to the Department of the Treasury or that bureau is
deemed to refer to the Department of Justice or the Drug
Enforcement Administration, as appropriate.
SEC. 7. PROPERTY AND RECORDS.
The contracts, liabilities, records, property, and other assets and
interests of, or made available in connection with, the functions
transferred by this Act are hereby transferred to the Attorney General
for appropriate allocation.
SEC. 8. PERSONNEL.
(a) In General.--The personnel employed in connection with the
functions transferred by this Act are hereby transferred to the
Attorney General.
(b) Effect.--During the 1-year period beginning on the effective
date of this Act, any full-time or part-time personnel employed in
permanent positions shall not be separated or reduced in grade or
compensation because of the transfer under this Act.
SEC. 9. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, contracts, certificates, licenses, and
privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, by the head of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, the Attorney
General, the Secretary of the Treasury, any other Government
official, or a court of competent jurisdiction, in the
performance of functions of the head of that bureau that are
transferred by this Act, and
(2) that are in effect on the effective date of this Act
(or become effective after such date pursuant to their terms as
in effect on such date),
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Attorney General or other authorized official, or a
court of competent jurisdiction, or by operation of law.
(b) Proceedings.--The provisions of this Act shall not affect any
proceedings or any application for any benefits, service, license,
permit, certificate, or financial assistance pending before the Bureau
of Alcohol, Tobacco, Firearms, and Explosives on the effective date of
this Act, but such proceedings and applications shall be continued.
Orders shall be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such orders, as if
this Act had not been enacted, and orders issued in any such proceeding
shall continue in effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of competent
jurisdiction, or by operation of law. Nothing in this subsection shall
be deemed to prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to the same extent
that such proceeding could have been discontinued or modified if this
Act had not been enacted.
(c) Suits.--The provisions of this Act shall not affect suits
commenced before the effective date of this Act, and in all such suits,
proceeding shall be had, appeals taken, and judgments rendered in the
same manner and with the same effect as if this Act had not been
enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the head of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, or by or against any individual in the
official capacity of such individual as an officer of such bureau shall
abate by reason of the enactment of this Act.
(e) Continuance of Suits.--If, before the effective date of this
Act, any agency or officer thereof in the official capacity of such
officer, is party to a suit, and under this Act any function of such
agency or officer is transferred to the Attorney General or any other
official of the Department of Justice, then such suit shall be
continued with the Attorney General or other appropriate official of
the Department of Justice substituted or added as a party.
SEC. 10. CONFORMING AMENDMENTS.
(a) Amendments to the Homeland Security Act of 2002.--
(1) Section 1111(d) of the Homeland Security Act of 2002 (6
U.S.C. 531(d)) is amended by adding at the end the following:
``(4) Personnel management demonstration project.--
Notwithstanding any other provision of law, the Personnel
Management Demonstration Project established under section 102
of title I of division C of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act for Fiscal Year 1999
(Public Law 105-277; 112 Stat. 2681-585) shall be transferred
to the Secretary of the Treasury for continued use by the Tax
and Trade Bureau.''.
(2) Section 1114(a) of such Act (6 U.S.C. 532(a)) is
amended by striking ``Bureau'' and inserting ``Federal Bureau
of Investigation''.
(b) Amendments to the Enhanced Border Security and Visa Entry
Reform Act of 2002.--Section 2(4) of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (8 U.S.C. 1701(2)(4)) is amended by
striking subparagraph (J) and redesignating subparagraphs (K) and (L)
as subparagraphs (J) and (K), respectively.
(c) Amendment to the Firefighters' Safety Study Act.--Section 3(1)
of the Firefighters' Safety Study Act (15 U.S.C. 2223b(1)) is amended--
(1) by adding ``and'' at the end of subparagraph (C);
(2) by striking ``; and'' at the end of subparagraph (D)
and inserting a comma; and
(3) by striking subparagraph (E).
(d) Amendments Relating to Title 18, United States Code.--
(1) Section 846(a) of title 18, United States Code, is
amended by striking ``, together with the Bureau of Alcohol,
Tobacco, Firearms, and Explosives,''.
(2) Section 514(b) of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (18 U.S.C. 923
note; Public Law 113-6; 127 Stat. 271) is amended by striking
``Bureau of Alcohol, Tobacco, Firearms, and Explosives shall
include in all such data releases'' and inserting ``Federal
Bureau of Investigation shall include in all releases of data
from firearm tracing studies''.
(3) Limitations on use of funds for disclosure of firearms
trace data.--
(A) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of division B of the Consolidated
and Further Continuing Appropriations Act, 2012 (18
U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610)
is amended by striking ``Bureau of Alcohol, Tobacco,
Firearms, and Explosives'' each place it appears and
inserting ``Federal Bureau of Investigation''.
(B) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the
Consolidated Appropriations Act, 2010 (18 U.S.C. 923
note; Public Law 111-117; 123 Stat. 3128-3129) is
amended by striking ``Bureau of Alcohol, Tobacco,
Firearms, and Explosives'' each place it appears and
inserting ``Federal Bureau of Investigation''.
(C) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the Omnibus
Appropriations Act, 2009 (18 U.S.C. 923 note; Public
Law 111-8; 123 Stat. 574-576) is amended by striking
``Bureau of Alcohol, Tobacco, Firearms, and
Explosives'' each place it appears and inserting
``Federal Bureau of Investigation''.
(D) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the
Consolidated Appropriations Act, 2008 (18 U.S.C. 923
note; Public Law 110-161; 121 Stat. 1903-1904) is
amended by striking ``Bureau of Alcohol, Tobacco,
Firearms, and Explosives'' each place it appears and
inserting ``Federal Bureau of Investigation''.
(E) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006
(18 U.S.C. 923 note; Public Law 109-108; 119 Stat.
2295-2296) is amended by striking ``Bureau of Alcohol,
Tobacco, Firearms, and Explosives'' each place it
appears and inserting ``Federal Bureau of
Investigation''.
(F) The 6th proviso under the heading in title I of
division B of the Consolidated Appropriations Act, 2005
(18 U.S.C. 923 note; Public Law 108-447; 118 Stat.
2859-2860) is amended by striking ``Bureau of Alcohol,
Tobacco, Firearms, and Explosives'' each place it
appears and inserting ``Federal Bureau of
Investigation''.
(4) Section 2343(c)(1) of title 18, United States Code, is
amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and
Explosives'' and inserting ``Drug Enforcement Administration''.
(5)(A) Section 3051 of title 18, United States Code, is
amended--
(i) in the section heading, by striking ``Special
Agents of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives'' and inserting ``certain investigators and
officers of the Department of Justice'';
(ii) in subsection (a), by striking ``(a) Special
agents of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, as well as any other'' and inserting
``Any''; and
(iii) by striking subsection (b).
(B) The item relating to section 3051 in the table of
sections for chapter 203 of title 18, United States Code, is
amended to read as follows:
``3051. Powers of certain investigators and officers of the Department
of Justice.''.
(e) Amendment to the National Drug Control Policy Reauthorization
Act of 1998.--Section 716(c)(1)(B) of the National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1714(c)(1)(B)) is amended by
striking ``Agency, the Bureau of Alcohol, Tobacco, Firearms, and
Explosives,'' and inserting ``Administration''.
(f) Amendments to the Internal Revenue Code of 1986.--
(1) Section 6103(i)(8)(A) of the Internal Revenue Code of
1986 (26 U.S.C. 6103(i)(8)(A)) is amended by striking
``making--'' and all that follows through ``(ii)''.
(2) Section 7801(a)(2)(A) of such Code (26 U.S.C.
7801(a)(2)(A)) is amended by striking ``Bureau of Alcohol,
Tobacco, Firearms, and Explosives'' and inserting ``Federal
Bureau of Investigation''.
(g) Amendments to Title 28, United States Code.--
(1) Section 530C(b)(2) of title 28, United States Code, is
amended by striking ``for the Bureau of Alcohol, Tobacco,
Firearms, and Explosives,'' each place it appears.
(2) Chapter 40A of such title (28 U.S.C. 599A-599B) is
repealed.
(3) Section 2006(2) of such title is amended by striking
``, the Director, Bureau of Alcohol, Tobacco, Firearms, and
Explosives, Department of Justice,''.
(h) Amendments to the Violence Against Women and Department of
Justice Reauthorization Act of 2005.--Section 1107(a) of Violence
Against Women and Department of Justice Reauthorization Act of 2005 (28
U.S.C. 534 note) is amended by striking paragraph (2) and redesignating
paragraphs (3) through (13) as paragraphs (2) through (12),
respectively.
(i) Amendments to Title 31, United States Code.--
(1)(A) Section 713 of title 31, United States Code, is
amended--
(i) in the section heading, by striking ``Service,
Tax and Trade Bureau, and Bureau of Alcohol, Tobacco,
Firearms, and Explosives'' and inserting ``Service and
Tax and Trade Bureau'';
(ii) in subsection (a), by striking ``, and the
Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice of the Department of the
Treasury''; and
(iii) in subsection (b)--
(I) in each of paragraphs (2) and (3), by
striking ``either'' and inserting ``the''; and
(II) in paragraph (2), by striking ``, the
Tax and Trade Bureau, Department of the
Treasury, and the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice'' and inserting ``and the
Tax and Trade Bureau, Department of the
Treasury''.
(B) The item relating to section 713 in the table of
sections for chapter 7 of such title is amended to read as
follows:
``713. Audit of Internal Revenue Service and Tax and Trade Bureau.''.
(2) Section 1344(b)(6) of such title is amended by striking
``Director of the Bureau of Alcohol, Tobacco, Firearms and
Explosives''.
(j) Amendment to the Justice Assistance Act of 1984.--Section
609N(2) of the Justice Assistance Act of 1984 (42 U.S.C. 10502(2)) is
amended--
(1) by adding ``and'' at the end of subparagraph (L); and
(2) by striking subparagraph (M) and redesignating
subparagraph (N) as subparagraph (M).
(k) Amendment to the Violent Crime Control and Law Enforcement Act
of 1994.--Section 32401(a)(3)(B) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13921(a)) is amended by striking
``Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of
Justice'' and inserting ``Federal Bureau of Investigation''.
(l) Amendment to Title 49, United States Code.--Section 80304(d) of
title 49, United States Code, is amended by striking ``Bureau of
Alcohol, Tobacco, Firearms, and Explosives, Department of Justice'' and
inserting ``Drug Enforcement Administration''.
SEC. 11. EFFECTIVE DATE.
This Act (except sections 2 and 3) and the amendments made by this
Act shall take effect 1 year after the date of the enactment of this
Act. | ATF Elimination Act Rescinds the hiring authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Requires ATF, the Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA) to jointly develop and submit a plan for winding up the affairs of ATF that, without compromising core functions, eliminates and reduces duplicative, unnecessary functions or waste. Requires the FBI to transmit to the General Services Administration a report that specifies the property to be transferred to the FBI pursuant to this Act that the FBI has determined will not be needed. Abolishes ATF. Transfers ATF functions relating to the investigation and enforcement of: (1) criminal and regulatory violations of the federal firearms, explosives, and arson laws, and the investigation of violent crime and domestic terrorism to the Attorney General, who shall delegate them to the FBI; and (2) criminal and regulatory violations of the federal alcohol and tobacco smuggling laws to the Attorney General, who shall delegate them to the DEA. Transfers: (1) the contracts, liabilities, records, property, and other assets and interests associated with such transferred functions to the Attorney General for appropriate allocation; and (2) personnel employed in connection with the transferred functions to the Attorney General. | {"src": "billsum_train", "title": "ATF Elimination Act"} | 4,512 | 283 | 0.723856 | 2.297889 | 0.824152 | 4.868313 | 15.349794 | 0.934156 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackson Multi-Agency Campus Act of
1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the management of public land and natural resources and
the service of the public in the area of Jackson, Wyoming, are
responsibilities shared by--
(A) the Department of Agriculture, including the
Forest Service;
(B) the Department of the Interior, including--
(i) the National Park Service; and
(ii) the United States Fish and Wildlife
Service;
(C) the Game and Fish Commission of the State of
Wyoming;
(D) Teton County, Wyoming;
(E) the town of Jackson, Wyoming;
(F) the Jackson Chamber of Commerce; and
(G) the Jackson Hole Historical Society; and
(2) it is desirable to locate the administrative offices of
several of the agencies and entities specified in paragraph (1)
on 1 site to--
(A) facilitate communication between the agencies
and entities;
(B) reduce costs to the Federal, State, and local
governments; and
(C) better serve the public.
(b) Purposes.--The purposes of this Act are to--
(1) authorize the Federal agencies specified in subsection
(a) to--
(A) develop and maintain the Project in Jackson,
Wyoming, in cooperation with the other agencies and
entities specified in subsection (a); and
(B) provide resources and enter into such
agreements as are necessary for the planning, design,
construction, operation, maintenance, and fixture
modifications of all elements of the Project;
(2) direct the Secretary to convey to the town of Jackson,
Wyoming, certain parcels of federally owned land located in
Teton County, Wyoming, in exchange for construction of
facilities for the Bridger-Teton National Forest by the town of
Jackson;
(3) direct the Secretary to convey to the Game and Fish
Commission of the State of Wyoming certain parcels of federally
owned land in the town of Jackson, Wyoming, in exchange for
approximately 1.35 acres of land, also located in the town of
Jackson, to be used in the construction of the Project; and
(4) relinquish certain reversionary interests of the United
States in order to facilitate the transactions described in
paragraphs (1) through (4).
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Game and
Fish Commission of the State of Wyoming.
(2) Construction cost.--The term ``construction cost''
means any cost that is--
(A) associated with building improvements to
Federal standards and guidelines; and
(B) open to a competitive bidding process approved
by the Secretary.
(3) Federal parcel.--The term ``Federal parcel'' means the
parcel of land, and all appurtenances to the land, comprising
approximately 15.3 acres, depicted as ``Bridger-Teton National
Forest'' on the Map.
(4) Map.--The term ``Map'' means the map entitled ``Multi-
Agency Campus Project Site'', dated March 31, 1999, and on file
in the offices of--
(A) the Bridger-Teton National Forest, in the State
of Wyoming; and
(B) the Chief of the Forest Service.
(5) Master plan.--The term ``master plan'' means the
document entitled ``Conceptual Master Plan'', dated July 14,
1998, and on file at the offices of--
(A) the Bridger-Teton National Forest, in the State
of Wyoming; and
(B) the Chief of the Forest Service.
(6) Project.--The term ``Project'' means the proposed
project for construction of a multi-agency campus, to be
carried out by the town of Jackson, Wyoming, in cooperation
with the other agencies and entities described in section
2(a)(1), to provide, in accordance with the master plan--
(A) administrative facilities for various agencies
and entities; and
(B) interpretive, educational, and other facilities
for visitors to the greater Yellowstone area.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture (including a designee of the Secretary).
(8) State parcel.--The term ``State parcel'' means the
parcel of land comprising approximately 3 acres, depicted as
``Wyoming Game and Fish'' on the Map.
(9) Town.--The term ``town'' means the town of Jackson,
Wyoming.
SEC. 4. MULTI-AGENCY CAMPUS PROJECT, JACKSON, WYOMING.
(a) Construction Offers for Exchange of Property.--
(1) In general.--The town may offer to construct, as part
of the Project, an administrative facility for the Bridger-
Teton National Forest.
(2) Conveyance.--If the offer described in paragraph (2) is
made not later than 5 years after the date of enactment of this
Act, the Secretary shall convey the Federal land described in
section 5(a)(1) to the town, in exchange for the completed
administrative facility described in this paragraph, in
accordance with this Act.
(b) Offer To Convey State Parcel.--
(1) In general.--The Commission may offer to convey a
portion of the State parcel, depicted on the Map as ``Parcel
Three'', to the United States to be used for construction of an
administrative facility for the Bridger-Teton National Forest.
(2) Conveyance.--If the offer described in paragraph (2) is
made not later than 5 years after the date of enactment of this
Act, the Secretary shall convey, through a simultaneous
conveyance, the Federal land described in section 5(a)(2) to
the Commission, in exchange for the portion of the State parcel
described in paragraph (2), in accordance with this Act.
SEC. 5. CONVEYANCE OF FEDERAL LAND.
(a) In General.--In exchange for the consideration described in
section 3, the Secretary shall convey--
(1) to the town, the portion of the Federal parcel,
comprising approximately 9.3 acres, depicted on the Map as
``Parcel Two''; and
(2) to the Commission, the portion of the Federal parcel
comprising approximately 3.2 acres, depicted on the Map as
``Parcel One''.
(b) Reversionary Interests.--As additional consideration for
acceptance by the United States of any offer described in section 4,
the United States shall relinquish all reversionary interests in the
State parcel, as set forth in the deed between the United States and
the State of Wyoming, dated February 19, 1957, and recorded on October
2, 1967, in Book 14 of Deeds, Page 382, in the records of Teton County,
Wyoming.
SEC. 6. EQUAL VALUE OF INTERESTS EXCHANGED.
(a) Valuation of Land To Be Conveyed.--
(1) In general.--The fair market and improvement values of
the land to be exchanged under this Act shall be determined--
(A) by appraisals acceptable to the Secretary,
utilizing nationally recognized appraisal standards;
and
(B) in accordance with section 206 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(2) Appraisal report.--Each appraisal report shall be
written to Federal standards, as defined in the Uniform
Appraisal Standards for Federal Land Acquisitions developed by
the Interagency Land Acquisition Conference.
(3) No effect on value of reversionary interests.--An
appraisal of the State parcel shall not take into consideration
any reversionary interest held by the United States in the
State parcel as of the date on which the appraisal is
conducted.
(b) Value of Federal Land Greater Than Construction Costs.--If the
value of the Federal land to be conveyed to the town under section
5(a)(1) is greater than the construction costs to be paid by the town
for the administrative facility described in section 4(a), the
Secretary shall reduce the acreage of the Federal land conveyed so that
the value of the Federal land conveyed to the town closely approximates
the construction costs.
(c) Value of Federal Land Less Than Construction Costs.--If the
value of the Federal land to be conveyed to the town under section
5(a)(1) is less than the construction costs to be paid by the town for
the administrative facility described in section 4(a), the Secretary
may convey to the town additional Federal land administered by the
Secretary for national forest administrative site purposes in Teton
County, Wyoming, so that the total value of the Federal land conveyed
to the town closely approximates the construction costs.
(d) Value of Federal Land Equal to Value of State Parcel.--
(1) In general.--The value of any Federal land conveyed to
the Commission under section 5(a)(2) shall be equal to the
value of the State parcel conveyed to the United States under
section 4(b).
(2) Boundaries.--The boundaries of the Federal land and the
State parcel may be adjusted to equalize values.
(e) Payment of Cash Equalization.--Notwithstanding subsections (b)
through (d), the values of Federal land and the State parcel may be
equalized by payment of cash to the Secretary, the Commission, or the
town, as appropriate, in accordance with section 206(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), if the
values cannot be equalized by adjusting the size of parcels to be
conveyed or by conveying additional land, without compromising the
design of the Project.
SEC. 7. ADDITIONAL PROVISIONS.
(a) Construction of Federal Facilities.--The construction of
facilities on Federal land within the boundaries of the Project shall
be--
(1) supervised and managed by the town; and
(2) carried out to standards and specifications approved by
the Secretary.
(b) Access.--The town (including contractors and subcontractors of
the town) shall have access to the Federal land until completion of
construction for all purposes related to construction of facilities
under this Act.
(c) Administration of Land Acquired by United States.--Land
acquired by the United States under this Act shall be governed by all
laws applicable to the administration of national forest sites.
(d) Wetland.--
(1) In general.--There shall be no construction of any
facility after the date of conveyance of Federal land under
this Act within any portion of the Federal parcel delineated on
the map as ``wetlands''.
(2) Deeds and conveyance documents.--A deed or other
conveyance document executed by the Secretary in carrying out
this Act shall contain such reservations as are necessary to
preclude development of wetland on any portion of the Federal
parcel. | Jackson Multi-Agency Campus Act of 1999 - Provides for the exchange of certain federally owned land in Wyoming by the Secretary of Agriculture to: (1) the Game and Fish Commission of Wyoming for certain State land to be used for construction of a multi-agency administrative facility (for use by specified Federal, State, and local agencies) for the Bridger-Teton National Forest; and (2) the town of Jackson, Wyoming, for construction of such facility. | {"src": "billsum_train", "title": "Jackson Multi-Agency Campus Act of 1999"} | 2,398 | 99 | 0.642423 | 1.734541 | 1.105738 | 3.747253 | 23.89011 | 0.978022 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Monitoring Enhancement Act of
2006''.
SEC. 2. CLARIFICATION RELATING TO CREDIT MONITORING.
(a) In General.--Section 403 of the Credit Repair Organizations Act
(15 U.S.C. 1679a) is amended--
(1) by striking ``For purposes of this title'' and
inserting ``(a) In General.--For purposes of this title''; and
(2) by adding at the end the following new subsection:
``(b) Clarification With Respect to Certain Credit Monitoring
Services Under Certain Circumstances.--
``(1) In general.--Subject to paragraph (2) the following
shall not be treated as activities described in clause (i) of
subsection (a)(3)(A):
``(A) The provision of, or provision of access to,
credit reports, credit monitoring notifications, credit
scores and scoring algorithms, and other credit score-
related tools to a consumer (including generation of
projections and forecasts potential credit scores of
such consumer under various prospective trends or
hypothetical or alternative scenarios).
``(B) Any analysis, evaluation, and explanation of
such actual or hypothetical credit scores, or any
similar projections, forecasts, analyses, evaluations
or explanations.
``(C) In conjunction with offering any of the
services described in subparagraph (A) or (B), the
provision of materials or services to assist a consumer
who is a victim of identity theft.
``(2) Conditions for application of paragraph (1).--
Paragraph (1) shall apply with respect to any person engaging
in any activity described in such paragraph only if--
``(A) the person does not represent, expressly or
by implication, that such person--
``(i) will or can modify or remove, or
assist the consumer in modifying or removing,
adverse information that is accurate and not
obsolete in the credit report of the consumer;
or
``(ii) will or can alter, or assist the
consumer in altering, the identification of the
consumer to prevent the display of the credit
record, history, or rating of the consumer for
the purpose of concealing adverse information
that is accurate and not obsolete;
``(B) in any case in which the person represents,
expressly or by implication, that the person will or
can modify or remove, or assist the consumer in
modifying or removing, any information in the credit
report of the consumer, except for a representation
with respect to any requirement imposed on the person
under section 611 or 623(b) of the Fair Credit
Reporting Act, the person discloses, clearly and
conspicuously, before the consumer pays or agrees to
pay any money or other valuable consideration to such
person, whichever occurs first, the following
statement:
```NOTICE: Neither you nor anyone else has
the right to have accurate and current
information removed from your credit report. If
information in your report is inaccurate, you
have the right to dispute it by contacting the
credit bureau directly.';
``(C) the person provides the consumer in writing
with the following statement before any contract or
agreement between the consumer and the person is
executed:
```Your Rights Concerning Your Consumer
Credit File:
```You have a right to obtain a free copy
of your credit report once every 12 months from
each of the nationwide consumer reporting
agencies. To request your free annual credit
report, you may go to
www.annualcreditreport.com, or call 877-322-
8228, or complete the Annual Credit Report
Request Form and mail it to: Annual Credit
Report Request Service, P.O. Box 105281,
Atlanta, GA 30348-5281. You can obtain
additional copies of your credit report from a
credit bureau, for which you may be charged a
reasonable fee. There is no fee, however, if
you have been turned down for credit,
employment, insurance, or a rental dwelling
because of information in your credit report
within the preceding 60 days. The credit bureau
must provide someone to help you interpret the
information in your credit file. You are
entitled to receive a free copy of your credit
report if you are unemployed and intend to
apply for employment in the next 60 days, if
you are a recipient of public welfare
assistance, or if you have reason to believe
that there is inaccurate information in your
credit report due to fraud.
```You have the right to cancel your
contract with a credit monitoring service
without fee or penalty at any time, and in the
case in which you have prepaid for a credit
monitoring service, you are entitled to a pro
rata refund for the remaining term of the
credit monitoring service.
```The Federal Trade Commission regulates
credit bureaus and credit monitoring services.
For more information contact:
```Federal Trade Commission
```Washington, D.C. 20580
```1-877-FTC-HELP
```www.ftc.gov.'; and
``(D) in any case in which the person offers a
subscription to a credit file monitoring program to a
consumer, the consumer may cancel the subscription at
any time upon written notice to the person without
penalty or fee for such cancellation and, in any case
in which the consumer is billed for the subscription on
other than a monthly basis, within 60 days of receipt
of the notice of cancellation by the consumer, the
person shall make a pro rata refund to the consumer of
a subscription fee prepaid by the consumer, calculated
from the date that the person receives the notice of
cancellation from the consumer until the end of the
subscription period.''.
(b) Clarification of Nonexempt Status.--Section 403(a) of the
Credit Repair Organizations Act (15 U.S.C. 1679a) (as so redesignated
by subsection (a)) is amended, in paragraph (3)(B)(i), by inserting
``and is not for its own profit or for that of its members'' before the
semicolon at the end.
(c) Revision of Disclosure Requirement.--Section 405(a) of the
Credit Repair Organizations Act (15 U.S.C. 1679c) is amended by
striking everything after the heading of the disclosure statement
contained in such section and inserting the following new text of the
disclosure statement:
```You have a right to dispute inaccurate information in
your credit report by contacting the credit bureau directly.
However, neither you nor any `credit repair' company or credit
repair organization has the right to have accurate, current,
and verifiable information removed from your credit report. The
credit bureau must remove accurate, negative information from
your report only if it is over 7 years old. Bankruptcy
information can be reported for 10 years.
```You have a right to obtain a free copy of your credit
report once every 12 months from each of the nationwide
consumer reporting agencies. To request your free annual credit
report, you may go to www.annualcreditreport.com, or call 877-
322-8228, or complete the Annual Credit Report Request Form and
mail it to: Annual Credit Report Request Service, P.O. Box
105281, Atlanta, GA 30348-5281. You can obtain additional
copies of your credit report from a credit bureau, for which
you may be charged a reasonable fee. There is no fee, however,
if you have been turned down for credit, employment, insurance,
or a rental dwelling because of information in your credit
report within the preceding 60 days. The credit bureau must
provide someone to help you interpret the information in your
credit file. You are entitled to receive a free copy of your
credit report if you are unemployed and intend to apply for
employment in the next 60 days, if you are a recipient of
public welfare assistance, or if you have reason to believe
that there is inaccurate information in your credit report due
to fraud.
```You have a right to sue a credit repair organization
that violates the Credit Repair Organization Act. This law
prohibits deceptive practices by credit repair organizations.
```You have the right to cancel your contract with any
credit repair organization for any reason within 3 business
days from the date you signed it.
```Credit bureaus are required to follow reasonable
procedures to ensure that the information they report is
accurate. However, mistakes may occur.
```You may, on your own, notify a credit bureau in writing
that you dispute the accuracy of information in your credit
file. The credit bureau must then reinvestigate and modify or
remove inaccurate or incomplete information. The credit bureau
may not charge any fee for this service. Any pertinent
information and copies of all documents you have concerning an
error should be given to the credit bureau.
```If the credit bureau's reinvestigation does not resolve
the dispute to your satisfaction, you may send a brief
statement to the credit bureau, to be kept in your file,
explaining why you think the record is inaccurate. The credit
bureau must include a summary of your statement about disputed
information with any report it issues about you.
```The Federal Trade Commission regulates credit bureaus
and credit repair organizations. For more information contact:
```Federal Trade Commission
```Washington, D.C. 20580
```1-877-FTC-HELP
```(877-382-4357)
```www.ftc.gov.'''. | Credit Monitoring Enhancement Act of 2006 - Amends the Credit Repair Organizations Act to cite conditions under which provision to a consumer of credit reports, credit score analysis, and assistance with identity theft shall not be treated as an activity to improve a consumer's credit status, which is subject to regulation under such Act.
Revises credit repair organization disclosure requirements. | {"src": "billsum_train", "title": "A bill to amend the Credit Repair Organizations Act to establish a new disclosure statement, and for other purposes."} | 2,049 | 78 | 0.56749 | 1.465525 | 0.930386 | 2.238806 | 29.223881 | 0.865672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Orthotics and Prosthetics
Improvement Act of 2008''.
SEC. 2. MODIFICATION OF REQUIREMENTS APPLICABLE UNDER MEDICARE TO
DESIGNATION OF ACCREDITATION ORGANIZATIONS FOR SUPPLIERS
OF PROSTHETIC DEVICES AND ORTHOTICS AND PROSTHETICS.
(a) In General.--Section 1834(a)(20)(B) of the Social Security Act
(42 U.S.C. 1395m(a)(20)(B)) is amended--
(1) by striking ``Not later than'' and inserting ``(i) in
general.--Subject to clause (ii), not later than'' with the
same indentation as the clause added by paragraph (2); and
(2) by adding at the end the following new clause:
``(ii) Special requirements for
accreditation of prosthetic devices and
orthotics and prosthetics.--For purposes of
applying quality standards under subparagraph
(A) for suppliers of items and services
described in subparagraph (D)(ii), the
Secretary shall designate and approve an
independent accreditation organization under
clause (i) only if such organization is a Board
or program described in subsection
(h)(1)(F)(iv). Not later than January 1, 2009,
the Secretary shall ensure that at least one
independent accreditation organization is
designated and approved in accordance with this
clause.''.
(b) Effective Date.--An organization must satisfy the requirement
of section 1834(a)(20)(B)(ii), as added by subsection (a)(2), not later
than January 1, 2009, regardless of whether such organization is
designated or approved as an independent accreditation organization
before, on, or after the date of the enactment of this Act.
SEC. 3. APPLICATION OF EXISTING ACCREDITATION AND LICENSURE
REQUIREMENTS FOR CERTAIN PROSTHETICS AND CUSTOM-
FABRICATED ORTHOTICS TO PROSTHETIC DEVICES AND ORTHOTICS
AND PROSTHETICS.
(a) In General.--Section 1834(h)(1)(F) of the Social Security Act
(42 U.S.C. 1395m(h)(1)(F)) is amended--
(1) in the heading, by striking ``Special payment rules for
certain prosthetics and custom-fabricated orthotics'' and
inserting ``Payment rules'';
(2) in clause (i), by striking ``an item of custom-
fabricated orthotics described in clause (ii) or for an item of
prosthetics unless such item is'' and inserting ``a prosthetic
device or an item of orthotics or prosthetics, including an
item of custom-fabricated orthotics described in clause (ii),
unless such device or item, respectively, is'';
(3) in clause (ii)(II), by striking ``a list of items to
which this subparagraph applies'' and inserting ``a list of
items for purposes of clause (i)''; and
(4) in clause (iii)(III), by striking ``to provide or
manage the provision of prosthetics and custom-designed or -
fabricated orthotics'' and inserting ``to provide or manage the
provision of prosthetics and orthotics (and custom-designed or
-fabricated orthotics, in the case of an item described in
clause (iii))''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to devices and items furnished on or after January 1, 2009.
SEC. 4. REPORTS.
(a) Report on Enforcing New Licensing and Accreditation
Requirements.--Not later than 18 months after the date of the enactment
of this Act, the Secretary of Health and Human Services shall submit to
Congress a report on the steps taken by the Department of Health and
Human Services to ensure that the State licensure and accreditation
requirements under section 1834(h)(1)(I) of the Social Security Act, as
added by section 3, are enforced. Such report shall include a
determination of the extent to which payments for prosthetic devices
and orthotics and prosthetics under the Medicare program under title
XVIII of such Act are made only to those providers of services and
suppliers that meet the relevant accreditation and licensure
requirements under such section, as well as a determination of whether
additional steps are needed.
(b) Report on Fraud and Abuse.--Not later than 30 months after the
date of the enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report on the effect of the
requirements under subsection (a)(20)(B)(ii) of section 1834 of the
Social Security Act (42 U.S.C. 1395m), as added by section 2, and
subsection (h)(1)(I) of such section, as added by section 3, on the
occurrence of fraud and abuse under the Medicare program under title
XVIII of such Act, with respect to prosthetic devices and orthotics and
prosthetics for which payment is made under such program.
SEC. 5. MODIFICATION OF MEDICARE PAYMENT METHODOLOGY FOR PROSTHETIC
DEVICES AND ORTHOTICS AND PROSTHETICS.
Section 1834(h) of the Social Security Act (42 U.S.C. 1395m(h)) is
amended--
(1) in paragraph (1)(B), by striking ``and (H)(i)'' and
inserting ``(H)(i), and paragraph (5)''; and
(2) by adding at the end the following new paragraph:
``(5) Modification of payment methodology to account for
practitioner qualifications and complexity of care.--
``(A) In general.--The Secretary shall modify the
payment basis under paragraph (1)(B) for prosthetic
devices and orthotics and prosthetics in a manner that
links the complexity of the respective item and the
qualifications of the individual or entity furnishing
and fabricating such respective item in determining the
payment basis for such item. Such modifications shall
be implemented in a manner that provides for the
application of such modifications to items furnished on
or after January 1, 2009. Such modifications shall be
designed to result in the same aggregate amount of
expenditures for prosthetic devices and orthotics and
prosthetics under this section for a year as would be
made if this subparagraph did not apply, as estimated
by the Secretary.
``(B) Assignment of billing codes.--For purposes of
subparagraph (A), in modifying the payment basis under
paragraph (1)(B), the Secretary shall utilize and
incorporate the `2008 Orthotics and Prosthetics
Tripartite Document' a multi-organization compilation
of HCPCS codes to assign specific billing codes to the
category of orthotics and prosthetics care described in
each of clauses (i) through (iv) of subparagraph (C)
using the provider qualification designation for each
HCPCS code as stated in such document.
``(C) Categories of orthotics and prosthetics care
described.--
``(i) Custom-fabricated category.--The
category of orthotics and prosthetics care
described in this clause is a category for
custom-fabricated devices that are made from
detailed measurements, images, or models in
accordance with a prescription and that can
only be utilized by a specific intended
patient. The provider qualification designation
for the category shall reflect the following:
``(I) The category of care involves
the highest level of complexity with
substantial clinical risk.
``(II) The category of care
requires a practitioner who is
credentialed, certified, or licensed in
orthotics or prosthetics, respectively,
to insure the comprehensive provision
of orthotic care or prosthetic care,
respectively. Such care shall be based
on sound clinical judgment and
technical expertise based on the
practitioner's education and clinical
training, in order to allow the
practitioner to determine the device
parameters and design, fabrication
process, and functional purpose
specific to the needs of the patient to
maximize optimal clinical outcomes.
``(ii) Custom-fitted high.--The category of
orthotics and prosthetics care described in
this clause is a category for prefabricated
devices that are manufactured with no specific
patient in mind, but that are appropriately
sized, adapted, modified, and configured (with
the required tools and equipment) to a specific
patient in accordance with a prescription. The
provider qualification designation for the
category shall reflect the following:
``(I) The category of care involves
moderate to high complexity with
substantial clinical risk.
``(II) The category of care
requires a practitioner who is
credentialed, certified, or licensed in
orthotics or prosthetics or a related
field in which orthotics or prosthetics
is the primary focus of the course of
study, to insure the appropriate
provision of orthotic care or
prosthetic care, respectively. Such
care shall be based on sound clinical
judgment and technical expertise based
on the practitioner's education and
clinical training, in order to allow
the practitioner to determine the
appropriate device relative to the
diagnosis and specific to the needs of
the patient to maximize optimal
clinical outcomes.
``(iii) Custom-fitted low.--The category of
orthotics and prosthetics care described in
this clause is a category for prefabricated
devices that are manufactured with no specific
patient in mind, but that are appropriately
sized and adjusted to a specific patient in
accordance with a prescription. The provider
qualification designation for the category
shall reflect the following:
``(I) The category of care involves
a low level of complexity and low
clinical risk.
``(II) The category of care
requires a supplier that is
credentialed, certified, or licensed
within a limited scope of practice to
insure appropriate provision of
orthotic care. The supplier's education
and training shall insure that basic
clinical knowledge and technical
expertise is available to confirm
successful fit and device compliance
with the prescription.
``(iv) Off-the-shelf.--The category of
orthotics and prosthetics care described in
this clause is a category for prefabricated
devices that require minimal self adjustment
for appropriate use. The provider qualification
designation for the category shall reflect that
such devices do not require expertise in
trimming, bending, molding, assembling, or
customizing to fit the patient and that no
formal credentialing, clinical education, or
technical training is required to dispense such
devices.
``(D) Consultation.--In modifying the payment
basis, the Secretary shall consult with appropriate
experts in orthotics and prosthetics, including
practitioners that furnish devices and items within the
categories of prosthetics and orthotics care described
in subparagraph (C).''. | Medicare Orthotics and Prosthetics Improvement Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act with respect to recognized independent accreditation organizations which apply quality standards to which suppliers of items and services relating to prosthetic devices and orthotics and prosthetics.
Directs the Secretary of Health and Human Services (HHS) to designate and approve an independent accreditation organization for such purposes only if it is the American Board for Certification in Orthotics and Prosthetics, Inc., the Board for Orthotist/Prosthetist Certification, or a program that the Secretary determines has accreditation and approval standards essentially equivalent to those of such a Board.
Requires application to prosthetic devices and orthotics and prosthetics generally of existing accreditation and licensure requirements for certain prosthetics and custom-fabricated orthotics.
Directs the Secretary to report to Congress on: (1) the steps taken by the Department of HHS to ensure that such licensure and accreditation requirements are enforced; and (2) the effect of the requirements of this Act on the occurrence of fraud and abuse under the Medicare program with respect to prosthetic devices and orthotics and prosthetics.
Modifies the Medicare payment methodology for prosthetic devices and orthotics and prosthetics to account for practitioner qualifications and complexity of care. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to modify the designation of accreditation organizations for prosthetic devices and orthotics and prosthetics, to apply accreditation and licensure requirements to such devices and items for purposes of payment under the Medicare program, and to modify the payment methodology for such devices and items under such program to account for practitioner qualifications and complexity of care."} | 2,393 | 284 | 0.690745 | 2.096444 | 0.747416 | 3.489083 | 8.995633 | 0.90393 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research Amendments Act of 2003''.
SEC. 2. RETENTION OF TASK FORCE.
Section 603 of the Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998 (16 U.S.C. 1451 note) is amended by striking
subsection (e).
SEC. 3. SCIENTIFIC ASSESSMENTS AND RESEARCH PLANS.
Such section 603 is further amended--
(1) in subsection (a) by adding at the end the following:
``In developing the assessments and research plans described in
subsections (b), (c), (d), (e), and (f), the Task Force shall work with
appropriate State, Indian tribe, and local governments to ensure that
the assessments and research plans fulfill the requirements of
subsections (b)(2), (c)(2), (d)(2), (e)(2), and (f)(2). Additionally,
the Task Force shall consult with appropriate industry, academic
institutions, and non-governmental organizations throughout the
development of the assessments and research plans.''; and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Scientific Assessments of Harmful Algal Blooms.--(1) Not less
than once every 5 years the Task Force shall complete and submit to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a scientific
assessment of harmful algal blooms in United States coastal waters. The
first such assessment shall be completed not later than 24 months after
the date of enactment of the Harmful Algal Bloom and Hypoxia Research
Amendments Act of 2003 and should consider only marine harmful algal
blooms. All subsequent assessments shall examine both marine and
freshwater harmful algal blooms, including those in the Great Lakes and
upper reaches of estuaries.
``(2) The assessments under this subsection shall--
``(A) examine the causes and ecological consequences, and
economic costs, of harmful algal blooms;
``(B) describe the potential ecological and economic costs
and benefits of possible policy and management actions for
preventing, controlling, and mitigating harmful algal blooms;
``(C) evaluate progress made by, and the needs of, Federal
research programs on the causes, characteristics, and impacts
of harmful algal blooms; and
``(D) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on harmful algal blooms.
``(c) Scientific Assessment of Freshwater Harmful Algal Blooms.--
(1) Not later than 24 months after the date of enactment of the Harmful
Algal Bloom and Hypoxia Research Amendments Act of 2003 the Task Force
shall complete and submit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a scientific assessment of current
knowledge about harmful algal blooms in freshwater locations such as
the Great Lakes and upper reaches of estuaries, including a research
plan for coordinating Federal efforts to better understand freshwater
harmful algal blooms.
``(2) The freshwater harmful algal bloom scientific assessment
shall--
``(A) examine the causes and ecological consequences, and
the economic costs, of harmful algal blooms with significant
effects on freshwater locations, including estimations of the
frequency and occurrence of significant events;
``(B) establish priorities and guidelines for a
competitive, peer-reviewed, merit-based interagency research
program, as part of the Ecology and Oceanography of Harmful
Algal Blooms (ECOHAB) project, to better understand the causes,
characteristics, and impacts of harmful algal blooms in
freshwater locations; and
``(C) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on harmful algal blooms in
freshwater locations.
``(d) National Scientific Research Plan Into Reducing Impacts From
Harmful Algal Blooms.--(1) Not later than 12 months after the date of
enactment of the Harmful Algal Bloom and Hypoxia Research Amendments
Act of 2003, the Task Force shall develop and submit to the Committee
on Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a research plan
providing for a comprehensive and coordinated national research program
to develop prevention, control, and mitigation methods to reduce the
impacts of harmful algal blooms on coastal ecosystems (including the
Great Lakes), public health, and the economy.
``(2) The research plan shall--
``(A) establish priorities and guidelines for a
competitive, peer-reviewed, merit-based interagency research
program on methods for the prevention, control, and mitigation
of harmful algal blooms;
``(B) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to the actions described in paragraph
(1); and
``(C) ensure, through consultation with Sea Grant Programs,
that the results and findings of the research program are
communicated to State, Indian tribe, and local governments, and
to the general public.
``(e) Scientific Assessments of Hypoxia.--(1) Not less than once
every 5 years the Task Force shall complete and submit to the Committee
on Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a scientific
assessment of hypoxia in United States coastal waters including the
Great Lakes. The first such assessment shall be completed not less than
24 months after the date of enactment of the Harmful Algal Bloom and
Hypoxia Research Amendments Act of 2003.
``(2) The assessments under this subsection shall--
``(A) examine the causes and ecological consequences, and
the economic costs, of hypoxia;
``(B) describe the potential ecological and economic costs
and benefits of possible policy and management actions for
preventing, controlling, and mitigating hypoxia;
``(C) evaluate progress made by, and the needs of, Federal
research programs on the causes, characteristics, and impacts
of hypoxia, including recommendations of how to eliminate
significant gaps in hypoxia modeling and monitoring data; and
``(D) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on hypoxia.
``(f) Local and Regional Scientific Assessments.--(1) The Secretary
of Commerce, in coordination with the Task Force and appropriate State,
Indian tribe, and local governments, shall provide for local and
regional scientific assessments of hypoxia or harmful algal blooms, as
requested by State, Indian tribe, or local governments, or for affected
areas as identified by the Secretary. If the Secretary receives
multiple requests, the Secretary shall ensure, to the extent
practicable, that assessments under this subsection cover
geographically and ecologically diverse locations with significant
ecological and economic impacts from hypoxia or harmful algal blooms.
The Secretary shall establish a procedure for reviewing requests for
local and regional assessments. The Secretary shall ensure, through
consultation with Sea Grant Programs, that the findings of the
assessments are communicated to the appropriate State, Indian tribe,
and local governments, and to the general public.
``(2) The scientific assessments under this subsection shall
examine--
``(A) the causes and ecological consequences, and the
economic costs, of hypoxia or harmful algal blooms in that
area;
``(B) methods to prevent, control, and mitigate hypoxia or
harmful algal blooms in that area and the potential ecological
and economic costs and benefits of such methods; and
``(C) other topics the Task Force consider appropriate.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 605 of such Act is amended--
(1) by striking ``and $19,000,000 for fiscal year 2001''
and inserting ``$19,000,000 for fiscal year 2001, $27,200,000
for fiscal year 2004, $28,700,000 for fiscal year 2005, and
$29,200,000 for fiscal year 2006'';
(2) in paragraph (1) by striking ``and'' after ``2000,''
and by inserting ``, and $3,000,000 for each of fiscal years
2004, 2005, and 2006'' after ``2001'';
(3) in paragraph (2) by striking ``and'' after ``2000,''
and by inserting ``, and $10,200,000, of which $2,000,000 shall
be used for the research program described in section
603(c)(2)(B), for each of fiscal years 2004, 2005, and 2006''
after ``2001'';
(4) in paragraph (3) by striking ``and'' after ``2000,''
and by inserting ``, $2,000,000 for fiscal year 2004,
$3,000,000 for fiscal year 2005, and $3,000,000 for fiscal year
2006'' after ``2001'';
(5) in paragraph (4) by striking ``2001'' and inserting
``2001, and $6,000,000 for each of fiscal years 2004, 2005, and
2006,'';
(6) in paragraph (4) by inserting ``the Monitoring and
Event Response for Harmful Algal Blooms (MERHAB) project
under'' after ``administered by'';
(7) by striking ``and'' after the semicolon at the end of
paragraph (4);
(8) in paragraph (5) by striking ``and'' after ``2000,''
and by inserting ``, $5,000,000 for fiscal year 2004,
$5,500,000 for fiscal year 2005, and $6,000,000 for fiscal year
2006'' after ``2001'';
(9) in paragraph (5) by striking ``Administration.'' and
inserting ``Administration; and''; and
(10) by adding at the end the following:
``(6) $3,000,000 for each of fiscal years 2004, 2005, and
2006 to carry out the activities described in section
603(f).''. | Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003 - Amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (Harmful Algal Act) to repeal the President's authority to disestablish the Interagency Task Force (thus retaining it).Requires the Task Force to: (1) work with the appropriate State, Indian tribe, and local governments to ensure that the assessment and research plans fulfill the requirements of the Harmful Algal Act; and (2) complete and submit to specified congressional committees not less than once every five years scientific assessments of harmful algal blooms and of hypoxia. Specifies amended assessment requirements.Requires the Task Force to: (1) make a specified scientific assessment of freshwater algal blooms; and (2) develop and submit to specified congressional committees a research plan providing for a comprehensive and coordinated national research program to develop prevention, control, and mitigation methods to reduce the impacts of harmful algal blooms on coastal ecosystems, public health, and the economy. Specifies research program requirements.Requires the Secretary of Commerce, in coordination with the Task Force and appropriate State, Indian tribe, and local governments, to provide for local and regional scientific assessments of hypoxia or harmful algal blooms, as requested by State, Indian tribe, and local governments. Specifies assessment requirements. | {"src": "billsum_train", "title": "A bill to reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, and for other purposes."} | 2,163 | 297 | 0.71077 | 2.282485 | 0.777304 | 5.266393 | 8.463115 | 0.905738 |
SECTION 1. CRITICAL ELECTRIC INFRASTRUCTURE.
(a) Findings.--
(1) The critical electric infrastructure of the United
States and Canada has more than $1 trillion in asset value,
more than 200,000 miles of transmission lines, and more than
800,000 megawatts of generating capability, serving over 300
million people.
(2) The effective functioning of this infrastructure is
highly dependent on computer-based control systems that are
used to monitor and manage sensitive processes and physical
functions.
(3) These control systems are becoming increasingly
connected to open networks, such as corporate intranets and the
Internet. According to the Department of Homeland Security's
United States Computer Emergency Readiness Team (``US-CERT''),
this transition towards widely used technologies and open
connectivity exposes control systems to the ever-present cyber
risks that exist in the information technology world in
addition to control system specific risks.
(4) Malicious actors pose a significant risk to this
infrastructure. The Federal Bureau of Investigation (``FBI'')
has identified multiple sources of threats, including foreign
nation states, domestic criminals and hackers, and disgruntled
employees.
(5) Intentional or naturally occurring Electromagnetic
Pulse (``EMP'') events also threaten critical electric
infrastructure. The Commission to Assess the Threat to the
United States from EMP Attack reported in 2008 that an EMP
attack could cause significant damage or disruption to critical
electric infrastructure and other critical infrastructure due
to the widespread use of Supervisory Control and Data
Acquisition (``SCADA'') systems. The National Academy of
Sciences also reported in 2008 that Severe Space Weather Events
could produce similar results.
(6) The Department of Homeland Security's Control Systems
Security Program is designed to increase the reliability,
security, and resilience of control systems to guard against
and enhance domestic preparedness for and collective response
to a cyber attack by a terrorist or other person. This is done
by developing voluntary cyber risk reduction products,
supporting the Department of Homeland Security's Industrial
Control Systems Computer Emergency Response Team (``ICS-CERT'')
in developing vulnerability mitigation recommendations and
strategies, and coordinating and leveraging activities for
improving the Nation's critical infrastructure security
posture.
(7) According to recent news reports, the electronic
control systems of the electrical system in the United States
have been routinely penetrated and compromised. According to
current and former national security officials, cyber spies
from China, Russia, and other countries have penetrated the
United States electrical system in order to map the system, and
have left behind software programs that could be used to
disrupt and disable the system.
(8) In the interest of national security, and to enhance
domestic preparedness for and collective response to a cyber
attack by a terrorist or other person, a statutory mechanism is
necessary to protect the critical electric infrastructure
against cyber threats.
(9) In spite of existing mandatory cybersecurity standards,
a report from the North American Electric Reliability
Corporation (``NERC'') suggests that many utilities are
underreporting their assets, potentially to avoid compliance
requirements. In April 2009, NERC reported that only 23 percent
of responding utilities identified a ``Critical Cyber Asset''
as required by NERC Reliability Standard 002-1. According to
NERC, the results of this survey suggest that utilities may not
have identified certain qualifying assets as ``Critical''. NERC
requested that entities take a fresh, comprehensive look at
their methodology in order to identify and secure more Critical
Cyber Assets.
(10) On May 21, 2008, in testimony before the House
Committee on Homeland Security, Joseph Kelliher, then-Chairman
of the Federal Energy Regulatory Commission (``the
Commission''), stated that his agency is in need of additional
legal authorities to adequately protect the electric power
system against cyber attack.
(b) Research on Cyber Compromise of Critical Electric
Infrastructure.--(1) Pursuant to section 201 of the Homeland Security
Act of 2002 (6 U.S.C. 121) and in furtherance of domestic preparedness
for and collective response to a cyber attack by a terrorist or other
person, the Secretary of Homeland Security, working with other national
security and intelligence agencies, shall conduct research and
determine if the security of federally owned programmable electronic
devices and communication networks (including hardware, software, and
data) essential to the reliable operation of critical electric
infrastructure have been compromised.
(2) The scope of the research referred to in paragraph (1) shall
include: the extent of compromise, identification of attackers, the
method of penetration, ramifications of the compromise on future
operations of critical electric infrastructure, secondary ramifications
of the compromise on other critical infrastructure sectors and the
functioning of civil society, ramifications of compromise on national
security, including war fighting capability, and recommended mitigation
activities.
(3) The Secretary of Homeland Security shall report the findings to
the appropriate committees of Congress, including the Committee on
Homeland Security of the House of Representatives and the Homeland
Security and Governmental Affairs Committee of the Senate. The report
may contain a classified annex.
(c) Federal Power Act Amendment.--Part II of the Federal Power Act
(16 U.S.C. 791a and following) is amended by adding the following new
sections at the end thereof:
``SEC. 224 CRITICAL INFRASTRUCTURE.
``(a) Definitions.--For purposes of this section:
``(1) Critical electric infrastructure.--The term `critical
electric infrastructure' means systems and assets, whether
physical or cyber used for the generation, transmission,
distribution, or metering of electric energy that, in the
determination of the Commission, in consultation with the
Secretary of Homeland Security and other national security
agencies, are so vital to the United States that the incapacity
or destruction of such systems and assets, either alone or in
combination with the failure of other assets, would cause
significant harm to the security, national or regional economic
security, or national or regional public health or safety.
``(2) Critical electric infrastructure information.--The
term `critical electric infrastructure information' means
critical infrastructure information related to critical
electric infrastructure.
``(3) Critical infrastructure information.--The term
`critical infrastructure information' has the same meaning as
is given that term in section 212(3) of the Critical
Infrastructure Information Act of 2002 (6 U.S.C. 131(3)).
``(4) Cyber threat.--The term `cyber threat' means any act
by a terrorist or other person that disrupts, attempts to
disrupt, or poses a significant risk of disruption to the
operation of programmable electronic devices and communication
networks (including hardware, software, and data) essential to
the reliable operation of critical electric infrastructure.
``(5) Cyber vulnerability.--The term `cyber vulnerability'
means any weakness that, if exploited by a terrorist or other
person, poses a significant risk of disruption to the operation
of programmable electronic devices and communication networks
(including hardware, software, and data) essential to the
reliable operation of critical electric infrastructure.
``(b) Assessment, Report, and Determination.--
``(1) In general.--Pursuant to section 201 of the Homeland
Security Act of 2002 (6 U.S.C. 121), the Secretary of Homeland
Security shall assess cyber vulnerabilities or threats to
critical infrastructure, including critical electric
infrastructure and advanced metering infrastructure, on an
ongoing basis and produce reports, including recommendations,
on a periodic basis for the purposes of homeland security,
including the enhancement of domestic preparedness for and
collective response to a cyber attack by a terrorist, nation-
state, or other person, and for other purposes.
``(2) Elements of the report.--The Secretary shall--
``(A) include in the reports under this section
findings regarding a cyber vulnerability or terrorist
threat or potential terrorist threat, and a nation-
state threat or potential threat to critical electric
infrastructure; and
``(B) provide recommendations regarding actions
that may be performed to enhance individualized and
collective domestic preparedness and response to the
cyber vulnerability or terrorist or nation-state.
``(3) Transmittal of report.--The Secretary of Homeland
Security shall transmit reports prepared in response to the
cyber vulnerability or threat to the Commission and the
appropriate committees of Congress, including the Committee on
Homeland Security of the House of Representatives and the
Homeland Security and Governmental Affairs Committee of the
Senate, of the Secretary's determinations under this section.
Each such report may contain a classified annex.
``(4) Timely determination.--If, in carrying out the
assessment required under paragraph (1), the Secretary of
Homeland Security determines that a significant cyber
vulnerability or threat to critical electric infrastructure has
been identified, the Secretary of Homeland Security shall
communicate such a determination to the Commission in a timely
manner. The Secretary of Homeland Security may incorporate
intelligence or information received from other national
security or intelligence agencies in making such determination.
``(c) Commission Authority.--
``(1) Issuance of rules or orders.--Following receipt of a
finding under subsection (b), the Commission shall issue (and
from time to time thereafter amend) such rules or orders as are
necessary to protect critical electric infrastructure against
vulnerabilities or threats.
``(2) Emergency procedures.--The Commission may issue, in
consultation with the Secretary of Homeland Security, a rule or
order under this section without prior notice or hearing if it
determines the rule or order must be issued immediately to
protect critical electric infrastructure from an imminent
threat or vulnerability.
``(d) Duration of Emergency Rules or Orders.--Any rule or order
issued by the Commission without prior notice or hearing under
subsection (c)(2) shall remain effective for not more than 90 days
unless, during such 90 days, the Commission gives interested persons an
opportunity to submit written data, views, or arguments (with or
without opportunity for oral presentation) and affirms, amends, or
repeals the rule or order.
``(e) Jurisdiction.--Notwithstanding section 201, the provisions of
this section shall apply to any entity that owns, controls, or operates
critical electric infrastructure, and such entities shall be subject to
the jurisdiction of the Commission for purposes of carrying out this
section and for purposes of applying the enforcement authorities of
this Act with respect to such provisions, but shall not make an
electric utility or any other entity subject to the jurisdiction of the
Commission for any other purposes.
``(f) Protection of Critical Electric Infrastructure Information.--
The provisions of section 214 of the Homeland Security Act of 2002 (6
U.S.C. 133) shall apply to critical electric infrastructure information
submitted to the Commission under this section to the same extent that
they apply to critical infrastructure information voluntarily submitted
to the Department of Homeland Security under that Act (6 U.S.C. 101 and
following).
``SEC. 224B. PROTECTION AGAINST KNOWN CYBER VULNERABILITIES OR THREATS
TO THE CRITICAL ELECTRIC INFRASTRUCTURE.
``(a) Interim Measures.--After notice and opportunity for comment,
the Commission shall establish, in consultation with the Secretary of
Homeland Security, by rule or order, within 120 days of enactment of
this section, such mandatory interim measures as are necessary to
protect against known cyber vulnerabilities or threats to the reliable
operation of the critical electric infrastructure in the United States.
Such interim reliability measures:
``(1) shall serve to supplement, replace, or modify
cybersecurity reliability standards that, as of the date of
enactment of this section, were in effect pursuant to section
215, but that are determined by the Commission, in consultation
with the Secretary of Homeland Security and other national
security agencies, to be inadequate to address known cyber
vulnerabilities or threats; and
``(2) may be replaced by new cybersecurity reliability
standards that are developed and approved pursuant to section
215 following the date of enactment of this section.
``(b) Plans.--The rule or order issued under this subsection may
require any owner, user or operator of critical electric infrastructure
in the United States to develop a plan to address cyber vulnerabilities
or threats identified by the Commission and to submit such plan to the
Commission for approval.''.
SEC. 2. EVALUATION OF EXISTING AUTHORITIES.
Section 214 of title II, subtitle B of the Homeland Security Act of
2002 (6 U.S.C. 133(i)) is amended by adding at the end the following:
``(i) Review of Authorities To Protect Critical Infrastructure.--
The Secretary of Homeland Security shall evaluate the capacity and
authority of the Department of Homeland Security and other Federal
agencies to ensure the security and resilience of electronic devices
and communication networks essential to each of the critical
infrastructure sectors identified pursuant to Homeland Security
Presidential Directive 7 against a cyber attack by a terrorist, nation-
state, or other person, for the purpose of enhancing domestic
preparedness for, and collective response to, a cyber attack by a
terrorist, nation-state, or other person and to enhance the Nation's
homeland security posture.''. | Directs the Secretary of Homeland Security, working with other national security and intelligence agencies, to conduct research and determine if the security of federally owned programmable electronic devices and communication networks (including hardware, software, and data) essential to the operation of critical electric infrastructure has been compromised.
Amends the Federal Power Act to direct the Secretary to make ongoing assessments and provide periodic reports with respect to: (1) cyber vulnerabilities or threats to critical infrastructure, including critical electric infrastructure and advanced metering infrastructure; and (2) the enhancement of domestic preparedness for a cyber attack.
Directs the Federal Energy Regulatory Commission (FERC) to establish mandatory interim measures to protect against known cyber vulnerabilities or threats to the operation of the critical electric infrastructure in the United States.
Amends the the Homeland Security Act of 2002 to direct the Secretary to evaluate the capacity and authority of the Department of Homeland Security (DHS) and other federal agencies to ensure the security against a cyber attack and resilience of electronic devices and communication networks essential to the critical infrastructure sectors. | {"src": "billsum_train", "title": "To amend the Federal Power Act to provide additional authorities to adequately protect the critical electric infrastructure against cyber attack, and for other purposes."} | 2,776 | 213 | 0.507755 | 1.510396 | 0.801275 | 5.20398 | 13.233831 | 0.965174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Legislature and Political
Freedom Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The proliferation of campaign finance laws (beginning
with the Federal Election Campaign Act of 1971) and the
proliferation of government regulations promulgated pursuant to
such laws have placed strict limits on contributions by
citizens to the candidates of their choice, limits which have
served to severely hinder the ability of challengers to compete
on equal terms with incumbent politicians.
(2) The contribution limits imposed by the Federal Election
Campaign Act of 1971 force candidates to raise funds in small
amounts subject to fixed limitations, inevitably fostering a
system under which wealthy candidates and long-term incumbent
politicians hold an unfair financial advantage, which in turn
serves to discourage potential candidates from seeking public
office.
(3) The current campaign finance laws have inhibited the
full and fair discussion of public policy issues, as
challengers who are not well known to the electorate are forced
by government regulation to attempt to amass contributions from
large numbers of donors at the outset of a campaign. As a
result, challengers who lack the necessary resources to bring
new issues into the public debate often are eliminated from
political campaigns before their voices are even heard.
(4) The regulation by government of political speech
through the regulation of campaign contributions and
expenditures is patently undemocratic because it favors
institutionalized special interests over grassroots and citizen
activity by imposing burdensome reporting and disclosure
requirements and stringent spending limits on the political
parties, thereby tilting the financial and tactical advantage
in political campaigns to well-financed interest groups and
wealthy individuals.
(5) The effect of the unreasonably low contribution limits
has been to force more contributors and political activists to
operate outside the system, resulting in even less
accountability and even greater encouragement of irresponsible
behavior.
(6) The only way to encourage the robust discourse of
public issues and candidates, promote the free exchange of
political speech and ideas, protect constitutional freedom, and
foster a more informed electorate is to lift all current
restrictions on political candidate and party contributions and
expenditures and to provide full, instantaneous disclosure of
all contributions and expenditures in elections for Federal
office.
SEC. 3. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN
CONTRIBUTIONS.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended by adding at the end the following new
paragraph:
``(9) The limitations established under this subsection shall not
apply to contributions made during calendar years beginning after
2004.''.
SEC. 4. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION
CAMPAIGNS.
(a) Termination of Designation of Income Tax Payments.--Section
6096 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new subsection:
``(d) Termination.--This section shall not apply to taxable years
beginning after December 31, 2003.''
(b) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of subtitle H of such
Code is amended by adding at the end the following new
section:
``SEC. 9014. TERMINATION.
The provisions of this chapter shall not apply with respect to any
presidential election (or any presidential nominating convention) after
December 31, 2004, or to any candidate in such an election.''
(B) Transfer of excess funds to general fund.--
Section 9006 of such Code is amended by adding at the
end the following new subsection:
``(d) Transfer of Funds Remaining After 2004.--The Secretary shall
transfer all amounts in the fund after December 31, 2004, to the
general fund of the Treasury.''
(2) Termination of account.--Chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
section:
``SEC. 9043. TERMINATION.
The provisions of this chapter shall not apply to any candidate
with respect to any presidential election after December 31, 2004.''
(c) Clerical Amendments.--
(1) The table of sections for chapter 95 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9014. Termination.''
(2) The table of sections for chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9043. Termination.''
SEC. 5. DISCLOSURE BY STATE AND LOCAL POLITICAL PARTIES OF INFORMATION
REPORTED UNDER STATE LAW.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434), as amended by section 308(b) of the Bipartisan
Campaign Reform Act of 2002, is amended by adding at the end the
following new subsection:
``(i) If a political committee of a State or local political party
is required under a State or local law, rule, or regulation to submit a
report on its disbursements to an entity of the State or local
government, the committee shall file a copy of the report with the
Commission at the time it submits the report to such an entity.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring after January 2005.
SEC. 6. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.
(a) Mandatory Electronic Filing for All Reports.--
(1) In general.--Section 304(a)(11) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended--
(A) in subparagraph (A), by striking ``a person
required to file--'' and all that follows and inserting
the following: ``each person required to file a report
under this Act shall be required to maintain and file
such report in electronic form accessible by
computers.'';
(B) in subparagraph (C), by striking
``designations, statements, and reports'' and inserting
``documents''; and
(C) in subparagraph (D), by striking ``means, with
respect to'' and all that follows and inserting the
following: ``means any report, designation, statement,
or notification required by this Act to be filed with
the Commission or the Secretary of the Senate.''.
(2) Placement of all reports on internet.--Section
304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)) is amended--
(A) by striking ``a designation, statement, report,
or notification'' and inserting ``each report''; and
(B) by striking ``the designation, statement,
report, or notification'' and inserting ``the report''.
(3) Software for filing of all reports.--Section 304(a)(12)
of such Act (2 U.S.C 434a(a)(12)), as added by section 306 of
the Bipartisan Campaign Reform Act of 2002, is amended--
(A) in subparagraph (A)(ii), by striking ``each
person required to file a designation, statement, or
report in electronic form'' and inserting ``each person
required to file a report (as defined in paragraph
(11)(D))''; and
(B) in subparagraph (B), by striking ``any
designation, statement, or report'' and inserting ``any
report (as defined in paragraph (11)(D))''.
(b) Requiring Reports for All Contributions Made to Any Political
Committee Within 90 Days of Election; Requiring Reports To Be Made
Within 24 Hours.--Section 304(a)(6)(A) of such Act (2 U.S.C.
434(a)(6)(A)) is amended to read as follows:
``(A) Each political committee shall notify the Secretary or the
Commission, and the Secretary of State, as appropriate, in writing, of
any contribution received by the committee during the period which
begins on the 90th day before an election and ends at the time the
polls close for such election. This notification shall be made within
24 hours (or, if earlier, by midnight of the day on which the
contribution is deposited) after the receipt of such contribution and
shall include the name of the candidate involved (as appropriate) and
the office sought by the candidate, the identification of the
contributor, and the date of receipt and amount of the contribution.''.
(c) Effective Date.--The amendment made by this section shall apply
with respect to reports for periods beginning on or after January 1,
2005.
SEC. 7. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON
IDENTIFICATION OF CONTRIBUTORS.
(a) In General.--Section 302(i) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and inserting
``(i)(1) Except as provided in paragraph (2), when the
treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to information
regarding the identification of any person who makes a contribution or
contributions aggregating more than $200 during a calendar year (as
required to be provided under subsection (c)(3)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to persons making contributions for elections
occurring after January 2005. | Citizen Legislature and Political Freedom Act - Amends the Federal Election Campaign Act of 1971 (FECA) to terminate limitations on Federal election campaign contributions after 2004.
Amends the Internal Revenue Code to terminate after December 31, 2003, the designation of income tax payments to the Presidential Election Campaign Fund. Terminates the Fund itself and the Presidential Primary Matching Payment Account after December 31, 2004, and transfers any amounts remaining in the Fund to the general fund of the Treasury.
Amends FECA, as amended by the Bipartisan Campaign Reform Act of 2002, to require any political committee of a State or local political party to file with the Federal Election Commission a copy of any report on disbursements it is required under a State or local law, rule, or regulation to submit to the State or local government.
Revises current deadlines for notification of contributions by a campaign committee. Requires a campaign committee to report within 24 hours all contributions, regardless of amount, made to any political committee within 90 days before an election.
Declares that the "best efforts" exception to noncompliance with FECA shall not apply with respect to information regarding the identification of any contributor of more than $200 in the aggregate during a calendar year (thus requiring strict observance of reporting deadlines for all such contributions). | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to reform the financing of campaigns for election for Federal office."} | 2,203 | 279 | 0.451994 | 1.42539 | 0.669001 | 3.849593 | 7.841463 | 0.882114 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Authorized Alternative Health
Arrangement Act of 2011''.
SEC. 2. ALTERNATIVE HEALTH ARRANGEMENTS FOR THE PROVISION OF HEALTH
BENEFITS.
Section 1311(f) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18031(f); Public Law 111-148) is amended by adding at the
end the following new paragraph:
``(4) Alternative health arrangements for the provision of
health benefits.--
``(A) Establishment of alternative health
arrangements.--
``(i) In general.--A State may establish
one or more alternative health arrangements
(each referred to in this subsection as an
`alternative health arrangement') that serve
the beneficiaries of one or more qualified
benefits programs (as defined in subparagraph
(B)(i)) if the number of participants served by
each such arrangement is determined by the
State to be adequate for purposes of carrying
out the requirements of this title.
``(ii) Designation of qualified benefits
programs to be offered.--A State that
establishes an alternative health arrangement
shall designate one or more qualified benefits
programs to be offered through such
arrangement.
``(iii) Treatment as separate exchange.--An
alternative health arrangement shall be in
addition to an Exchange or a subsidiary
Exchange under this section.
``(iv) Criteria applicable to alternative
health arrangement.--An alternative health
arrangement shall be deemed to be an Exchange
under this title, except that--
``(I) the requirement of section
1311(d)(2) (relating to the offering of
coverage) shall only apply, with
respect to such an arrangement, to the
offering of qualified benefits programs
and only to beneficiaries served by
such programs; and
``(II) the requirements of section
1311(e)(1) (relating to certification
of health plans) shall be deemed to
have been satisfied with respect to
qualified benefits programs offered
through the arrangement by the
designation of such programs by the
State under clause (ii).
``(B) Qualified benefits programs.--
``(i) Definition.--In this paragraph, the
term `qualified benefits program' means an
entity or arrangement (such as a program
created by a group of government agencies,
instrumentalities, or political subdivisions by
interlocal agreement or other method authorized
by State law) that--
``(I) is established, authorized,
and operating pursuant to State law to
provide or administer health coverage
for officials, employees, and retirees
(and dependents of such officials,
employees, and retirees) of a group of
employers; and
``(II) the State finds, subject to
clause (ii), satisfies criteria under
this title to be a qualified health
plan.
``(ii) Satisfaction of certain
requirements.--In applying this title with
respect to a qualified benefits program that is
designated by a State under subparagraph
(A)(ii) and offered through an alternative
health arrangement, the following special rules
apply:
``(I) The entity offering such
coverage shall be deemed to meet the
requirement of section 1301(a)(1)(C)(i)
(relating to licensure as a health
insurance issuer).
``(II) Section 1301(a)(1)(C)(iii)
(relating to uniform premium rates)
shall be applied separately to each
different health benefits option
offered under the qualified benefits
program through the arrangement.
``(III) Section 1311(c)(1)(D)
(relating to accreditation) shall be
deemed to have been satisfied by virtue
of the designation by the State under
subparagraph (A)(ii).
``(IV) Section 1311(e)(1) (relating
to certification of health plans) shall
not apply insofar as it applies to
accreditation under section
1311(c)(1)(D).
``(V) Section 1311(e)(2) (relating
to premium considerations) shall not
apply insofar as it requires
alternative health arrangements to
display premium information to the
general public or conduct an analysis
of premium growth outside of the
alternative health arrangement.
``(iii) Treatment as a health plan,
qualified health plan, and individual insurance
coverage.--A qualified benefits program offered
through an alternative health arrangement shall
be treated--
``(I) subject to clause (ii), as
meeting the definition of a health plan
under section 1301(b) and as a
qualified health plan under this title;
and
``(II) as a health plan offered in
the individual market for purposes of
section 5000A(f)(1)(C) of the Internal
Revenue Code.
``(C) Construction.--Nothing in this paragraph
shall be construed--
``(i) to authorize or require an
alternative health arrangement to offer health
benefits to any individual other than a
beneficiary covered under such arrangement; or
``(ii) to authorize the offering of such
health benefits through an Exchange.''. | State Authorized Alternative Health Arrangement Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to authorize a state to establish one or more alternative health arrangements that serve the beneficiaries of one or more qualified benefits programs if certain requirements are met. Defines "qualified benefit program" as an entity or arrangement that: (1) is established, authorized, and operating pursuant to state law to provide or administer health coverage for officials, employees, and retirees of a group of employers; and (2) the state finds satisfies criteria to be a qualified health plan, with exceptions.
Requires such a state to designate one or more qualified benefit programs to be offered through such an arrangement.
States that such an arrangement is in addition to an American Health Benefits Exchange (health insurance exchange) or a subsidiary Exchange.
Deems such an arrangement to be an Exchange under PPACA, except exempts the arrangement from requirements relating to offering coverage to all qualified individuals and Exchange certification.
Details how health plan rules apply to the alternative health arrangements provided for under this Act.
Treats a qualified benefits program offered through an alternative health arrangement as: (1) meeting the definition of a qualified health plan for purposes of the essential health benefits provisions in PPACA, and (2) a health plan offered in the individual market under the Internal Revenue Code. | {"src": "billsum_train", "title": "To amend the Patient Protection and Affordable Care Act to provide State flexibility for the offering of health benefits through alternative health arrangements."} | 1,115 | 291 | 0.692837 | 1.929712 | 0.781953 | 3.049618 | 3.820611 | 0.90458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Christen O'Donnell Equestrian Helmet
Safety Act of 2004''.
SEC. 2. GRANTS REGARDING USE OF SAFE EQUESTRIAN HELMETS.
(a) Authority To Award Grants.--The Secretary of Commerce may award
grants to States, political subdivisions of States, Indian tribes,
tribal organizations, public organizations, and private nonprofit
organizations for activities that encourage individuals to wear
approved equestrian helmets.
(b) Application.--A State, political subdivisions of States, Indian
tribes, tribal organizations, public organizations, and private
nonprofit organizations seeking a grant under this section shall submit
to the Secretary an application for the grant, in such form and
containing such information as the Secretary may require.
(c) Review Before Award.--
(1) Review.--The Secretary shall review each application
for a grant under this section in order to ensure that the
applicant for the grant will use the grant for the purposes
described in section 3.
(2) Scope of programs.--In reviewing applications for
grants, the Secretary shall permit applicants wide discretion
in designing programs that effectively promote increased use of
approved equestrian helmets.
SEC. 3. PURPOSES OF GRANTS.
A grant under section 2 may be used by a grantee to--
(1) encourage individuals to wear approved equestrian
helmets;
(2) provide assistance to individuals who may not be able
to afford approved equestrian helmets to enable such
individuals to acquire such helmets;
(3) educate individuals and their families on the
importance of wearing approved equestrian helmets in a proper
manner in order to improve equestrian safety; or
(4) carry out any combination of activities described in
paragraphs (1), (2), and (3).
SEC. 4. REPORT TO CONGRESS.
(a) Requirement.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Commerce shall submit to the appropriate
committees of Congress a report on the effectiveness of grants awarded
under section 2.
(b) Contents of Report.--The report shall include a list of grant
recipients, a summary of the types of programs implemented by the grant
recipients, and any recommendations that the Secretary considers
appropriate regarding modification or extension of the authority under
section 2.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation,
and the Committee on Health, Education, Labor, and Pensions of
the Senate; and
(2) the Committee on Energy and Commerce of the House of
Representatives.
SEC. 5. STANDARDS.
(a) In General.--Every equestrian helmet manufactured on or after
the date that is 9 months after the date of enactment of this Act shall
meet--
(1) the interim standard specified in subsection (b),
pending the establishment of a final standard pursuant to
subsection (c); and
(2) the final standard, once that standard has been
established under subsection (c).
(b) Interim Standard.--The interim standard for equestrian helmets
is the American Society for Testing and Materials (ASTM) standard
designated as F 1163.
(c) Final Standard.--
(1) Requirement.--Not later than 60 days after the date of
enactment of this Act, the Consumer Product Safety Commission
shall begin a proceeding under section 553 of title 5, United
States Code, to--
(A) establish a final standard for equestrian
helmets that incorporates all the requirements of the
interim standard specified in subsection (b);
(B) provide in the final standard a mandate that
all approved equestrian helmets be certified to the
requirements promulgated under the final standard by an
organization that is accredited to certify personal
protection equipment in accordance with ISO Guide 65;
and
(C) include in the final standard any additional
provisions that the Commission considers appropriate.
(2) Inapplicability of certain laws.--Sections 7, 9, and
30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 2058,
and 2079(d)) shall not apply to the proceeding under this
subsection, and section 11 of such Act (15 U.S.C. 2060) shall
not apply with respect to any standard issued under such
proceeding.
(3) Effective date.--The final standard shall take effect
not later than 1 year after the date it is issued.
(d) Failure To Meet Standards.--
(1) Failure to meet interim standard.--Until the final
standard takes effect, an equestrian helmet that does not meet
the interim standard, required under subsection (a)(1), shall
be considered in violation of a consumer product safety
standard promulgated under the Consumer Product Safety Act.
(2) Status of final standard.--The final standard developed
under subsection (c) shall be considered a consumer product
safety standard promulgated under the Consumer Product Safety
Act.
SEC. 6. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Department of Commerce.--There is authorized to be appropriated
to the Department of Commerce to carry out section 2, $100,000 for each
of fiscal years 2005, 2006, and 2007.
(b) Consumer Product Safety Commission.--There is authorized to be
appropriated to the Consumer Product Safety Commission to carry out
activities under section 5, $500,000 for fiscal year 2005, which amount
shall remain available until expended.
SEC. 7. DEFINITIONS.
In this Act:
(1) Approved equestrian helmet.--The term ``approved
equestrian helmet'' means an equestrian helmet that meets--
(A) the interim standard specified in section 5(b),
pending establishment of a final standard under section
5(c); and
(B) the final standard, once it is effective under
section 5(c).
(2) Equestrian helmet.--The term ``equestrian helmet''
means a hard shell head covering intended to be worn while
participating in an equestrian event or activity. | Christen O'Donnell Equestrian Helmet Safety Act of 2004 - Authorizes the Secretary of Commerce to award grants to States, political subdivisions, Indian tribes and organizations, public organizations, and private nonprofit organizations for activities that encourage individuals to wear approved equestrian helmets.
Requires the Secretary to report to the appropriate congressional committees on the effectiveness of such grants.
Establishes an interim standard for equestrian helmets manufactured nine months after enactment of this Act pending establishment of a final standard.
Directs the Consumer Product Safety Commission to begin rulemaking proceedings for development of a final standard. Excludes such proceedings from specified laws governing the Commission's reliance on voluntary standards, the development of consumer product safety rules, and the Commission's regulation of consumer products in accordance with other laws. Prohibits application of judicial review provisions to any standard issued pursuant to such proceedings.
Requires any failure to meet the interim standard to be treated as a violation of a consumer product safety standard promulgated under the Consumer Product Safety Act (CPSA). Requires any final standard to be considered a CPSA consumer product safety standard. | {"src": "billsum_train", "title": "A bill to encourage and ensure the use of safe equestrian helmets, and for other purposes."} | 1,337 | 260 | 0.570158 | 1.641732 | 0.811402 | 3.221675 | 5.891626 | 0.837438 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pork-Barrel Reduction Act''.
SEC. 2. REFORM OF CONSIDERATION OF APPROPRIATIONS BILLS IN THE SENATE.
Paragraph 1 of Rule XVI of the Standing Rules of the Senate is
amended to read as follows:
``1. (a) On a point of order made by any Senator:
``(1) No new or general legislation nor any unauthorized
appropriation may be included in any general appropriation
bill.
``(2) No amendment may be received to any general
appropriation bill the effect of which will be to add an
unauthorized appropriation to the bill.
``(3) No new or general legislation nor any unauthorized
appropriation, new matter, or nongermane matter may be included
in any conference report on a general appropriation bill.
``(4) No unauthorized appropriation may be included in any
amendment between the Houses, or any amendment thereto, in
relation to a general appropriation bill.
``(b)(1) If a point of order under subparagraph (a)(1) against a
Senate bill is sustained, then--
``(A) the new or general legislation or unauthorized
appropriation shall be struck from the bill; and
``(B) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck from the
bill shall be made and the allocation of discretionary
budgetary resources allocated under section 302(a)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall be
reduced accordingly.
``(2) If a point of order under subparagraph (a)(1) against an Act
of the House of Representatives is sustained, then an amendment to the
House bill is deemed to have been adopted that--
``(A) strikes the new or general legislation or
unauthorized appropriation from the bill; and
``(B) modifies, if necessary, the total amounts
appropriated by the bill to reflect the deletion of the matter
struck from the bill and reduces the allocation of
discretionary budgetary resources allocated under section
302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
633(a)(2)) accordingly.
``(c) If the point of order against an amendment under subparagraph
(a)(2) is sustained, then the amendment shall be out of order and may
not be considered.
``(d) If the point of order against a conference report under
subparagraph (a)(3) is sustained, then--
``(1) the new or general legislation, unauthorized
appropriation, new matter, or nongermane matter in such
conference report shall be deemed to have been struck;
``(2) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck shall be
deemed to have been made and the allocation of discretionary
budgetary resources allocated under section 302(a)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall be
deemed to be reduced accordingly;
``(3) when all other points of order under this paragraph
have been disposed of--
``(A) the Senate shall proceed to consider the
question of whether the Senate should recede from its
amendment to the House bill, or its disagreement to the
amendment of the House, and concur with a further
amendment, which further amendment shall consist of
only that portion of the conference report not deemed
to have been struck (together with any modification of
total amounts appropriated and reduction in the
allocation of discretionary budgetary resources
allocated under section 302(a)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 633(a)(2)) deemed to have
been made);
``(B) the question shall be debatable; and
``(C) no further amendment shall be in order; and
``(4) if the Senate agrees to the amendment, then the bill
and the Senate amendment thereto shall be returned to the House
for its concurrence in the amendment of the Senate.
``(e)(1) If a point of order under subparagraph (a)(4) against a
Senate amendment is sustained, then--
``(A) the unauthorized appropriation shall be struck from
the amendment;
``(B) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck from the
amendment shall be made and the allocation of discretionary
budgetary resources allocated under section 302(a)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall be
reduced accordingly; and
``(C) after all other points of order under this paragraph
have been disposed of, the Senate shall proceed to consider the
amendment as so modified.
``(2) If a point of order under subparagraph (a)(4) against a House
amendment is sustained, then--
``(A) an amendment to the House amendment is deemed to have
been adopted that--
``(i) strikes the new or general legislation or
unauthorized appropriation from the House amendment;
and
``(ii) modifies, if necessary, the total amounts
appropriated by the bill to reflect the deletion of the
matter struck from the House amendment and reduces the
allocation of discretionary budgetary resources
allocated under section 302(a)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 633(a)(2)) accordingly;
and
``(B) after all other points of order under this paragraph
have been disposed of, the Senate shall proceed to consider the
question of whether to concur with further amendment.
``(f) The disposition of a point of order made under any other
paragraph of this Rule, or under any other Standing Rule of the Senate,
that is not sustained, or is waived, does not preclude, or affect, a
point of order made under subparagraph (a) with respect to the same
matter.
``(g) A point of order under subparagraph (a) may be waived only by
a motion agreed to by the affirmative vote of three-fifths of the
Senators duly chosen and sworn. If an appeal is taken from the ruling
of the Presiding Officer with respect to such a point of order, the
ruling of the Presiding Officer shall be sustained absent an
affirmative vote of three-fifths of the Senators duly chosen and sworn.
``(h) Notwithstanding any other rule of the Senate, it shall be in
order for a Senator to raise a single point of order that several
provisions of a general appropriation bill, a conference report on a
general appropriation bill, or an amendment between the Houses on a
general appropriation bill violate subparagraph (a). The Presiding
Officer may sustain the point of order as to some or all of the
provisions against which the Senator raised the point of order. If the
Presiding Officer so sustains the point of order as to some or all of
the provisions against which the Senator raised the point of order,
then only those provisions against which the Presiding Officer sustains
the point of order shall be deemed stricken pursuant to this paragraph.
Before the Presiding Officer rules on such a point of order, any
Senator may move to waive such a point of order, in accordance with
subparagraph (g), as it applies to some or all of the provisions
against which the point of order was raised. Such a motion to waive is
amendable in accordance with the rules and precedents of the Senate.
After the Presiding Officer rules on such a point of order, any Senator
may appeal the ruling of the Presiding Officer on such a point of order
as it applies to some or all of the provisions on which the Presiding
Officer ruled.
``(i) Notwithstanding any provision of the Congressional Budget Act
of 1974 (2 U.S.C. 621 et seq.), no point of order provided for under
that Act shall lie against the striking of any matter, the modification
of total amounts to reflect the deletion of matter struck, or the
reduction of an allocation of discretionary budgetary resources
allocated under section 302(a)(2) of the Congressional Budget Act of
1974 (2 U.S.C. 633(a)(2)) to reflect the deletion of matter struck (or
to the bill, amendment, or conference report as affected by such
striking, modification, or reduction) pursuant to a point of order
under this paragraph.
``(j) For purposes of this paragraph:
``(1)(A) The term `unauthorized appropriation' means an
appropriation--
``(i) not specifically authorized by law or Treaty
stipulation (unless the appropriation has been
specifically authorized by an Act or resolution
previously passed by the Senate during the same session
or proposed in pursuance of an estimate submitted in
accordance with law); or
``(ii) the amount of which exceeds the amount
specifically authorized by law or Treaty stipulation
(or specifically authorized by an Act or resolution
previously passed by the Senate during the same session
or proposed in pursuance of an estimate submitted in
accordance with law) to be appropriated.
``(B) An appropriation is not specifically authorized if it
is restricted or directed to, or authorized to be obligated or
expended for the benefit of, an identifiable person, program,
project, entity, or jurisdiction by earmarking or other
specification, whether by name or description, in a manner
that--
``(i) discriminates against other persons,
programs, projects, entities, or jurisdictions
similarly situated that would be eligible, but for the
restriction, direction, or authorization, for the
amount appropriated; or
``(ii) is so restricted, directed, or authorized
that it applies only to a single identifiable person,
program, project, entity, or jurisdiction, unless the
identifiable person, program, project, entity, or
jurisdiction to which the restriction, direction, or
authorization applies is described or otherwise clearly
identified in a law or Treaty stipulation (or an Act or
resolution previously passed by the Senate during the
same session or in the estimate submitted in accordance
with law) that specifically provides for the
restriction, direction, or authorization of
appropriation for such person, program, project,
entity, or jurisdiction.
``(2) The term `new or general legislation' has the meaning
given that term when it is used in paragraph 2 of this Rule.
``(3) The terms `new matter' and `nongermane matter' have
the same meaning as when those terms are used in Rule
XXVIII.''.
SEC. 3. CONSIDERATION OF CONFERENCE REPORTS.
Rule XXVIII of the Standing Rules of the Senate is amended by
adding at the end the following:
``7. (a) It shall not be in order to consider a conference report
which includes matter not committed to the conferees by either House.
``(b) The presentation of reports of committees of conference under
paragraph 1 shall be in order only after such reports are filed and
made available 48 hours prior to presentation.''.
SEC. 4. PROHIBITION ON OBLIGATION OF FUNDS FOR APPROPRIATIONS EARMARKS
INCLUDED ONLY IN CONGRESSIONAL REPORTS.
(a) In General.--No Federal agency may obligate any funds made
available in an appropriation Act to implement an earmark that is
included in a congressional report accompanying the appropriation Act,
unless the earmark is also included in the appropriation Act.
(b) Definitions.--For purposes of this section:
(1) The term ``assistance'' includes a grant, loan, loan
guarantee, or contract.
(2) The term ``congressional report'' means a report of the
Committee on Appropriations of the House of Representatives or
the Senate, or a joint explanatory statement of a committee of
conference.
(3) The term ``earmark'' means a provision that specifies
the identity of an entity to receive assistance and the amount
of the assistance.
(4) The term ``entity'' includes a State or locality, but
does not include any Federal agency.
(c) Effective Date.--This section shall apply to appropriation Acts
enacted after December 31, 2006.
SEC. 5. DISCLOSURE.
(a) Unauthorized Appropriations.--Rule XVI of the Standing Rules of
the Senate is amended by adding at the end the following:
``9. No appropriation bill or amendment between the Houses which
includes unauthorized appropriations (as identified by paragraph 1(j))
shall be considered unless such bill is accompanied by a report that
provides a detailed listing of--
``(1) all unauthorized appropriation in such bill;
``(2) an identification of the member or members who
proposed the unauthorized appropriation; and
``(3) an explanation of the essential governmental purpose
for the unauthorized appropriation.''.
(b) Earmark Disclosure, Sponsor, and Purpose.--Paragraph 4 of Rule
XVIII of the Standing Rules of the Senate is amended by--
(1) inserting ``(a)'' after ``4.''; and
(2) adding at the end the following:
``(b) No conference report which includes unauthorized
appropriations (as defined by paragraph 1(j) of rule XVI) shall be
considered unless such conference report is accompanied by a joint
statement that provides a detailed listing of--
``(1) all unauthorized appropriations in such conference
report;
``(2) an identification of the member or members who
proposed the unauthorized appropriation; and
``(3) an explanation of the essential governmental purpose
for the unauthorized appropriation.''.
(c) Lobbying on Behalf of Recipients of Federal Funds.--The
Lobbying Disclosure Act of 1995 is amended by adding after section 5
the following:
``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.
``(a) In General.--A recipient of Federal funds shall file a report
as required by section 5(a) containing--
``(1) the name of any lobbyist registered under this Act to
whom the recipient paid money to lobby on behalf of the Federal
funding received by the recipient; and
``(2) the amount of money paid as described in paragraph
(1).
``(b) Definition.--In this section, the term `recipient of Federal
funds' means the recipient of Federal funds constituting an award,
grant, or loan.''. | Pork-Barrel Reduction Act - Amends rule XVI (Appropriations and Amendments to General Appropriations Bills) of the Standing Rules of the Senate with respect to consideration of appropriations bills to provide that, upon a point of order, no: (1) new or general legislation nor any unauthorized appropriation may be included in any general appropriation bill; (2) amendment may be received to any general appropriation bill that would add an unauthorized appropriation; (3) new or general legislation nor any unauthorized appropriation, new matter, or nongermane matter may be included in any conference report on a general appropriation bill; or (4) unauthorized appropriation may be included in any amendment between the chambers in relation to a general appropriation bill.
Sets forth procedures for consideration of such points of order.
Amends rule XXVIII (Conference Committees, Reports, Open Meetings) to make it out of order to consider a conference report which includes matter not committed to the conferees by either chamber.
Makes the presentation of conference reports in order only after such reports are filed and made available 48 hours before such presentation.
Prohibits a federal agency from obligating any funds made available in an appropriation Act to implement an earmark included in an accompanying report, unless the earmark is also included in the Act.
Amends rule XVI to prohibit consideration of an appropriation bill or amendment between the chambers which includes unauthorized appropriations, unless such bill is accompanied by a report providing a detailed listing of: (1) all unauthorized appropriations in such bill; (2) an identification of the Member or Members who proposed the unauthorized appropriation; and (3) an explanation of the essential governmental purpose for it.
Imposes the same prohibition with respect to a conference report which includes unauthorized appropriations if it is not accompanied by a joint statement that provides the same detailed listing.
Amends the Lobbying Disclosure Act of 1995 to require a recipient of federal funds to file a mandatory disclosure report containing: (1) the name of any registered lobbyist to whom the recipient paid money to lobby on behalf of such funding; and (2) the amount of such payment. | {"src": "billsum_train", "title": "A bill to provide greater accountability of taxpayers' dollars by curtailing congressional earmarking, and for other purposes."} | 3,227 | 497 | 0.629844 | 1.858138 | 0.827981 | 4.743842 | 7.184729 | 0.935961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unborn Victims of Violence Act of
1999''.
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 90 the following:
``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN
``Sec.
``1841. Causing death of or bodily injury to unborn child.
``Sec. 1841. Causing death of or bodily injury to unborn child
``(a)(1) Any person who engages in conduct that violates any of the
provisions of law listed in subsection (b) and thereby causes the death
of, or bodily injury (as defined in section 1365 of this title) to, a
child, who is in utero at the time the conduct takes place, is guilty
of a separate offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided for that conduct under Federal law had that injury or death
occurred to the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the defendant intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall be
punished as provided under section 1111, 1112, or 1113 of this title,
as applicable, for intentionally killing or attempting to kill a human
being, instead of the penalties that would otherwise apply under
subparagraph (A).
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are the
following:
``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229,
242, 245, 247, 248, 351, 831, 844(d), 844(f), 844(h)(1),
844(i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119,
1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505,
1512, 1513, 1751, 1864, 1951, 1952(a)(1)(B), 1952(a)(2)(B),
1952(a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119,
2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332,
2332a, 2332b, 2340A, and 2441 of this title.
``(2) Section 408(e) of the Controlled Substances Act of
1970 (21 U.S.C. 848(e)).
``(3) Section 202 of the Atomic Energy Act of 1954 (42
U.S.C. 2283).
``(c) Subsection (a) does not permit prosecution--
``(1) for conduct relating to an abortion for which the
consent of the pregnant woman has been obtained or for which
such consent is implied by law in a medical emergency;
``(2) for conduct relating to any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) In this section--
``(1) the terms `child in utero' and `child, who is in
utero' mean a member of the species homo sapiens, at any stage
of development, who is carried in the womb; and
``(2) the term `unborn child' means a child in utero.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 90 the following:
``90A. Causing death of or bodily injury to unborn child.... 1841''.
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) Protection of Unborn Children.--Subchapter X of chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 919 (article 119) the following:
``Sec. 919a. Art. 119a. Causing death of or bodily injury to unborn
child
``(a)(1) Any person subject to this chapter who engages in conduct
that violates any of the provisions of law listed in subsection (b) and
thereby causes the death of, or bodily injury (as defined in section
1365 of title 18) to, a child, who is in utero at the time the conduct
takes place, is guilty of a separate offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment for
that conduct under this chapter had that injury or death occurred to
the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the defendant intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall be
punished as provided under section 918, 919, or 880 of this title
(article 118, 119, or 80), as applicable, for intentionally killing or
attempting to kill a human being, instead of the penalties that would
otherwise apply under subparagraph (A).
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are sections
918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title
(articles 111, 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
``(c) Subsection (a) does not permit prosecution--
``(1) for conduct relating to an abortion for which the
consent of the pregnant woman has been obtained or for which
such consent is implied by law in a medical emergency;
``(2) for conduct relating to any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) In this section--
``(1) the terms `child in utero' and `child, who is in
utero' mean a member of the species homo sapiens, at any stage
of development, who is carried in the womb; and
``(2) the term `unborn child' means a child in utero.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 919 the following:
``919a. 119a. Causing death of or bodily injury to unborn child.''. | Specifies that a violation of such provisions does not require proof that: (1) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (2) the defendant intended to cause the death of, or bodily injury to, the unborn child. Directs that if the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under the Federal criminal code for intentionally killing or attempting to kill a human being.
Bars prosecution under this Act: (1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child. | {"src": "billsum_train", "title": "Unborn Victims of Violence Act of 1999"} | 1,744 | 187 | 0.554698 | 1.629956 | 0.932348 | 8.505618 | 8.61236 | 0.966292 |
SECTION 1. FINDINGS.
The Congress finds as follows:
(1) The Report and Recommendations of the Westchester
County, New York, January ``B'' 2004 Grand Jury, entitled
``Returning Abused Children to their Abusers: How Westchester
County's Child Protective System Fails the Children it Most
Needs to Protect'', identified 3 essential principles that
should guide child services programs, namely, maintaining that
the best interest of the child is paramount, ensuring
continuity in case supervision with all relevant parties
involved and all relevant information shared, and assigning
special priority to the identification of high-risk cases.
(2) Such report also observed that, because there is no
direct way for the State of New York to report an individual's
history of child abuse to another State, and a child may be
placed at greater risk if an offender with an established
history of child abuse moves to a State where his or her
history is unknown, a national central register of cases of
child abuse or neglect must be created.
(3) 896,000 children were determined to be victims of child
abuse or neglect in 2002.
(4) The rate of victimization per 1,000 children in the
national population has dropped from 13.4 children in 1990 to
12.3 children in 2002.
(5) 1,400 children died due to child abuse or neglect in
2002.
(6) A 2002 Department of Health and Human Services child
and family services review suggests that difficulties States
experience in preventing maltreatment recurrence may be due to
inadequate identification of abusers.
(7) When an individual is convicted of a crime in New York,
police in California know and are able to identify the
violator. Child abusers should be as easily identifiable for
State and local child protective services.
(8) Many States currently maintain a child maltreatment
registry that collects information about maltreated children
and individuals who were found to have abused or neglected
children, in order to protect children from contact with
individuals who may mistreat them.
(9) Some States that maintain such registries are
explicitly prohibited under State law from sharing this
important data with other States.
SEC. 2. NATIONAL REGISTER OF CASES OF CHILD ABUSE OR NEGLECT.
(a) In General.--The Attorney General shall create a national
register of cases of child abuse or neglect. The information in such
register shall be supplied by States, or, at the option of a State, by
political subdivisions of such State.
(b) Information.--The register described in subsection (a) shall
collect in a central electronic database information on children
reported to a State, or a political subdivision of a State, as abused
or neglected.
(c) Scope of Information.--
(1) In general.--
(A) Treatment of reports.--The information to be
provided to the Attorney General under this section
shall relate to substantiated reports of child abuse or
neglect. Except as provided in subparagraph (B), each
State, or, at the option of a State, each political
subdivision of such State, shall determine whether the
information to be provided to the Attorney General
under this section shall also relate to reports of
suspected instances of child abuse or neglect that were
unsubstantiated or determined to be unfounded.
(B) Exception.--If a State or political subdivision
of a State has an equivalent electronic register of
cases of child abuse or neglect that it maintains
pursuant to a requirement or authorization under any
other provision of law, the information provided to the
Attorney General under this section shall be
coextensive with that in such register.
(2) Form.--Information provided to the Attorney General
under this section--
(A) shall be in a standardized electronic form
determined by the Attorney General; and
(B) shall contain case-specific identifying
information, except that, at the option of the entity
supplying the information, the confidentiality of
identifying information concerning an individual
initiating a report or complaint regarding a suspected
or known instance of child abuse or neglect may be
maintained.
(d) Construction.--This section shall not be construed to require a
State or political subdivision of a State to modify--
(1) an equivalent register of cases of child abuse or
neglect that it maintains pursuant to a requirement or
authorization under any other provision of law; or
(2) any other record relating to child abuse or neglect,
regardless of whether the report of abuse or neglect was
substantiated, unsubstantiated, or determined to be unfounded.
(e) Dissemination.--The Attorney General shall establish standards
for the dissemination of information in the national register of cases
of child abuse or neglect. Such standards shall preserve the
confidentiality of records in order to protect the rights of the child
and the child's parents or guardians while also ensuring that Federal,
State, and local government entities have access to such information in
order to carry out their responsibilities under law to protect children
from abuse and neglect.
(f) Condition on Receipt of Funds.--Compliance under this section
shall be a condition precedent to receipt of funds under section 107 of
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106c). | Directs the Attorney General to create a national register of cases of child abuse or neglect (abuse), with the information in the register supplied by States or political subdivisions. Requires the register to collect information on children reported as abused in a central electronic database.
Requires: (1) information provided to the Attorney General to relate to substantiated reports of abuse; (2) each State to determine whether such information also relates to reports of suspected instances of abuse that were unsubstantiated or unfounded, except that if a State has an equivalent electronic register of abuse cases, the information provided to the Attorney General shall be coextensive with information in such register; and (3) the information to be in a standardized electronic form and to contain case-specific identifying information.
Directs the Attorney General to establish standards for the dissemination of information in the national register that preserve the confidentiality of records in order to protect the rights of the child and the child's parents or guardians while ensuring that Federal, State, and local government entities have access to such information in order to carry out their legal responsibilities to protect children from abuse.
Makes compliance with this Act a condition precedent to receipt of funds under the Child Abuse Prevention and Treatment Act. | {"src": "billsum_train", "title": "To require the Attorney General to establish a Federal register of cases of child abuse or neglect."} | 1,119 | 267 | 0.621224 | 2.053238 | 0.769573 | 4.697479 | 4.390756 | 0.966387 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girl Scouts USA Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Girl Scouts of the United States of America is the
world's preeminent organization dedicated solely to girls where
they build character and skills for success in the real world.
(2) In 1911, Juliette Gordon Low met Sir Robert Baden-
Powell, a war hero and the founder of the Boy Scouts.
(3) With Baden-Powell's help and encouragement, Juliette
Gordon Low made plans to start a similar association for
American girls.
(4) On March 12, 1912, Juliette Gordon Low organized the
first 2 Girl Scout Troops in Savannah, Georgia consisting of 18
members.
(5) Low devoted the next 15 years of her life to building
the organization, which would become the largest voluntary
association for women and girls in the United States.
(6) Low drafted the Girl Scout laws, supervised the writing
of the first handbook in 1913, and provided most of the
financial support for the organization during its early years.
(7) The Girl Scouts of the United States of America was
chartered by the United States Congress in 1950 in title 36,
United States Code.
(8) Today there are more than 3,700,000 members in 236,000
troops throughout the United States and United States
territories.
(9) Through membership in the World Association of Girl
Guides and Girl Scouts, Girls Scouts of the United States of
America is part of a worldwide family of 10,000,000 girls and
adults in 145 countries.
(10) More than 50,000,000 American women enjoyed Girl
Scouting during their childhood--and that number continues to
grow as Girl Scouts of the United States of America continues
to inspire, challenge, and empower girls everywhere.
(11) March 12, 2012, will mark the 100th Anniversary of the
Girl Scouts of the United States of America.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of the centennial of the
Girl Scouts of the USA, 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 sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the centennial of the Girl Scouts of
the United States of America.
(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 ``2011''; 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
Girl Scouts of the United States of America and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint
may be used to strike any particular quality of the coins
minted under this Act.
(2) Use of the united states mint at west point, new
york.--It is the sense of the Congress that the coins minted
under this Act should be struck at the United States Mint at
West Point, New York, to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2011.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the Girl Scouts of the
United States of America to be made available for Girl Scout program
development and delivery.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Girl Scouts of the United States of America as may be
related to the expenditures of amounts paid under subsection (b). | Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the founding of the Girl Scouts of the USA.
Requires the coin design to be emblematic of the 100 years of the organization.
Restricts issuance of such coins to calendar year 2011.
Subjects coin sales to a surcharge of $10 per coin.
Requires payment of such surcharges to the Girl Scouts of the United States of America for Girl Scout program development and delivery. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of the Girl Scouts of the United States of America."} | 1,360 | 127 | 0.469882 | 1.340037 | 0.641317 | 4.067308 | 11.932692 | 0.913462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulletproof Vest Partnership Grant
Act of 1997''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) too many law enforcement officers die, while protecting
the public, as a result of gunshot wounds;
(2) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(3) more than 92 percent of such law enforcement officers
were killed by firearms;
(4) the number of law enforcement officers who die as a
result of gunshot wounds has declined significantly since the
introduction of modern bulletproof material;
(5) according to studies, between 1985 and 1994, bullet
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States; and
(6) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States has access to an armor
vest.
(b) Purpose.--The purpose of this Act is to save lives of law
enforcement officers by helping State and local law enforcement
departments provide officers with armor vests.
SEC. 3. PROGRAM AUTHORIZED.
(a) Grant Authorization.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States or units of local
government to purchase armor vests for use by law enforcement officers.
(b) Uses of Funds.--Awards shall be distributed directly to the
State or unit of local government and shall be used for the purchase of
not more than 1 armor vest for each police officer in a jurisdiction.
(c) Preferential Consideration.--In awarding grants under this Act,
the Director of the Bureau of Justice Assistance may give preferential
consideration, where feasible, to applications from jurisdictions
that--
(1) have the greatest need for armor vests based on the
percentage of officers in the department who do not have access
to a vest;
(2) have a mandatory wear policy that requires on-duty
officers to wear armor vests whenever feasible; and
(3) have a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation.
(d) Minimum Amount.--Unless all applications submitted by any State
or unit of local government pursuant to subsection (a) have been
funded, each qualifying State or unit of local government shall be
allocated in each fiscal year pursuant to subsection (a) not less than
0.25 percent of the total amount appropriated in the fiscal year for
grants pursuant to that subsection.
(e) Maximum Amount.--A qualifying State or unit of local government
may not receive more than 5 percent of the total amount appropriated in
each fiscal year for grants pursuant to subsection (a).
(f) Matching Funds.--The portion of the costs of a program provided
by a grant under subsection (a) may not exceed 50 percent, unless the
Director of the Bureau of Justice Assistance determines a case of
fiscal hardship and waives, wholly or in part, the requirement under
this subsection of a non-Federal contribution to the costs of a
program.
(g) Allocation of Funds.--At least half of the funds awarded under
this program shall be allocated to units of local government with fewer
than 100,000 residents.
SEC. 4. APPLICATIONS.
(a) State Applications.--To request a grant under this Act, the
chief executive of a State shall submit an application to the Director
of the Bureau of Justice Assistance, signed by the Attorney General of
the State requesting the grant, in such form and containing such
information as the Director may reasonably require.
(b) Local Applications.-- To request a grant under this Act, the
chief executive of a unit of local government shall submit an
application to the Director of the Bureau of Justice Assistance, signed
by the chief law enforcement officer of the unit of local government
requesting the grant, in such form and containing such information as
the Director may reasonably require.
(c) Renewal.--A State or unit of local government is eligible to
receive a grant under this Act every 3 years.
(d) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Director of the Bureau of Justice Assistance
shall promulgate regulations to implement this section (including the
information that must be included and the requirements that the States
and units of local government must meet) in submitting the applications
required under this section.
SEC. 5. PROHIBITION OF PRISON INMATE LABOR.
Any State or unit of local government that receives financial
assistance provided using funds appropriated or otherwise made
available by this Act may not purchase equipment or products
manufactured using prison inmate labor.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) The term ``armor vest'' means--
(A) body armor which has been tested through the
voluntary compliance testing program operated by the
National Law Enforcement and Corrections Technology
Center of the National Institute of Justice (NIJ), and
found to comply with the requirements of NIJ Standard
0101.03, or any subsequent revision of such standard;
or
(B) body armor which exceeds the specifications
stated in subparagraph (A), and which the law
enforcement officer's agency or department permits the
officer to wear on duty.
(2) The term ``State'' means each of the 50 States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, American Samoa, and the Northern Mariana Islands.
(3) The term ``qualifying State or unit of local
government'' means any State or unit of local government which
has submitted an application for a grant, or in which an
eligible entity has submitted an application for a grant, which
meets the requirements prescribed by the Director of the Bureau
of Justice Assistance and the conditions set out in section 3.
SEC. 7. AUTHORIZATION FOR APPROPRIATIONS.
There are authorized to be appropriated $25,000,000 for each fiscal
year to carry out this program.
SEC. 8. SENSE OF THE CONGRESS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products. | Bulletproof Vest Partnership Grant Act of 1998 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to: (1) make grants to States, units of local government, and Indian tribes to purchase armor vests for use by State, local, and tribal law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have the greatest need, have or will institute a mandatory wear policy, have a violent crime rate at or above the national average, or have not received a block grant under the Local Law Enforcement Block Grant Program.
Sets forth provisions regarding: (1) minimum and maximum apportionments; (2) 50 percent matching funds (and specifies that any funds appropriated by the Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on Indian lands may be used to provide the non-Federal share of a matching requirement funded under this Act); (3) the allocation of at least half the funds to units of local government with fewer than 100,000 residents; and (4) applications and eligibility requirements;.
Authorizes appropriations.
(Sec. 4) Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products. | {"src": "billsum_train", "title": "Bulletproof Vest Partnership Grant Act of 1998"} | 1,394 | 285 | 0.677341 | 2.065286 | 0.974316 | 2.906367 | 4.917603 | 0.853933 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Steve Grissom
Relief Fund Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RELIEF FUND
Sec. 101. Steve Grissom relief fund.
Sec. 102. Compassionate payments.
Sec. 103. Determination and payment.
Sec. 104. Limitation on transfer of rights and number of petitions.
Sec. 105. Time limitation.
Sec. 106. Certain claims not affected by payment.
Sec. 107. Definitions.
TITLE II--TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM
Sec. 201. Treatment of certain payments under the SSI program.
TITLE I--RELIEF FUND
SEC. 101. STEVE GRISSOM RELIEF FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Steve Grissom Relief
Fund'', which shall be administered by the Secretary of the Treasury.
(b) Investment of Amounts in Fund.--Amounts in the Fund shall be
invested in accordance with section 9702 of title 31, United States
Code, and any interest on and proceeds from any such investment shall
be credited to and become part of the Fund.
(c) Availability of Fund.--Amounts in the Fund shall be available
only for disbursement by the Secretary of Health and Human Services
under section 103.
(d) Termination.--The Fund shall terminate upon the expiration of
the 5-year period beginning on the date of the enactment of this Act.
If all of the amounts in the Fund have not been expended by the end of
the 5-year period, investments of amounts in the Fund shall be
liquidated, the receipts of such liquidation shall be deposited in the
Fund, and all funds remaining in the Fund shall be deposited in the
miscellaneous receipts account in the Treasury of the United States.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as may be necessary to carry out
this title.
SEC. 102. COMPASSIONATE PAYMENTS.
(a) In General.--If the conditions described in subsection (b) are
met and if there are sufficient amounts in the Fund to make each
payment, the Secretary shall make a single payment of $100,000 from the
Fund to any individual who has an HIV infection, or who is diagnosed
with AIDS, and who is described in one of the following paragraphs:
(1) The individual was treated with HIV contaminated blood
transfusion, HIV contaminated blood components, HIV
contaminated human tissue, or HIV contaminated organs
(excluding anti-hemophiliac factor) in the United States.
(2) The individual--
(A) is the lawful spouse of an individual described
in paragraph (1); or
(B) is the former lawful spouse of an individual
described in paragraph (1), was the lawful spouse of
the individual at any time after the individual
described in paragraph (1) was treated as described in
such paragraph, and through medical documentation can
assert reasonable certainty of transmission of HIV from
the individual described in paragraph (1).
(3) The individual acquired the HIV infection through
perinatal transmission from a parent who is an individual
described in paragraph (1) or (2).
(b) Conditions.--The conditions described in this subsection are,
with respect to an individual, as follows:
(1) Submission of medical documentation of hiv infection.--
(A) In general.--The individual submits to the
Secretary written medical documentation that
demonstrates that--
(i) the individual has (or had) an HIV
infection;
(ii) in the case of an individual described
in subsection (a)(1), the individual was
treated with a blood transfusion, blood
components, human tissue, or organs (excluding
anti-hemophiliac factor) provided by a medical
professional in the United States;
(iii) prior to the treatment described in
clause (ii), there was no evidence of HIV
infection with respect to the individual
involved; and
(iv) a comprehensive physical examination,
or HIV testing, was conducted after the
treatment described in clause (ii) and reveals
evidence of HIV infection, and that evidence,
together with other medical records, indicates
the probable transmission of the HIV to the
individual through such treatment.
(B) Waivers.--The Secretary may waive the
requirements of subparagraph (A) with respect to an
individual if the Secretary determines that the
individual is unable to provide the documentation
required under such subparagraph because the documents
involved were destroyed or otherwise made unavailable
as a result of the occurrence of a natural disaster or
other circumstance beyond the control of the
individual.
(2) Petition.--A petition for the payment is filed with the
Secretary by or on behalf of the individual.
(3) Determination.--The Secretary determines, in accordance
with section 103(b), that the petition meets the requirements
of this title.
(c) Fraud.--Any individual who--
(1) knowingly and willfully makes or causes to be made any
false statement or representation of a material fact in
connection with any documentation provided under this
subsection; or
(2) having knowledge of the occurrence of any event
affecting his or her initial or continued right to any payment
under this title conceals or fails to disclose such event with
an intent fraudulently to secure such payment;
shall be fined not more than $100,000 or imprisoned for not more than 5
years, or both.
SEC. 103. DETERMINATION AND PAYMENT.
(a) Establishment of Filing Procedures.--The Secretary shall
establish procedures under which individuals may submit petitions for
payment under this title. The procedures shall include a requirement
that each petition filed under this title include written medical
documentation that the relevant individual described in section
102(a)(1) received the treatment described in such section.
(b) Determination.--For each petition filed under this title, the
Secretary shall determine whether the petition meets the requirements
of this title.
(c) Payment.--
(1) In general.--To the extent there are sufficient amounts
in the Fund to cover each payment, the Secretary shall pay,
from the Fund, each petition that the Secretary determines
meets the requirements of this title in the order received.
(2) Payments in case of deceased individuals.--
(A) In general.--In the case of an individual
referred to in section 102(a) who was diagnosed with
AIDS and who is deceased at the time that payment is
made under this section on a petition filed by or on
behalf of the individual, the payment shall be made as
follows:
(i) If the individual is survived by a
spouse who is living at the time of payment,
the payment shall be made to such surviving
spouse.
(ii) If the individual is not survived by a
spouse described in clause (i), the payment
shall be made in equal shares to all children
of the individual who are living at the time of
the payment.
(iii) If the individual is not survived by
a person described in clause (i) or (ii), the
payment shall be made in equal shares to the
parents of the individual who are living at the
time of the payment.
(iv) If the individual is not survived by a
person described in clause (i), (ii), or (iii),
the payment shall revert back to the Fund.
(B) Filing of petition by survivor.--If an
individual eligible for payment under section 102(a)
dies before filing a petition under this title, a
survivor of the individual may file a petition for
payment under this title on behalf of the individual if
the survivor may receive payment under subparagraph
(A).
(C) Definitions.--For purposes of this paragraph:
(i) Spouse.--The term ``spouse'' means an
individual who was lawfully married to the
relevant individual at the time of death.
(ii) Child.--The term ``child'' includes a
recognized natural child, a stepchild who lived
with the relevant individual in a regular
parent-child relationship, and an adopted
child.
(iii) Parent.--The term ``parent'' includes
fathers and mothers through adoption.
(3) Timing of payment.--The Secretary may not make a
payment on a petition under this title before the expiration of
the 120-day period beginning on the date of the enactment of
this Act or after the expiration of the 5-year period beginning
on the date of the enactment of this Act.
(d) Action on Petitions.--The Secretary shall complete the
determination required by subsection (b) regarding a petition not later
than 120 days after the date the petition is filed under this title.
(e) Humanitarian Nature of Payment.--This title does not create or
admit any claim of or on behalf of the individual against the United
States or against any officer, employee, or agent thereof acting within
the scope of employment or agency that relates to an HIV infection
arising from a treatment described in section 102(a)(1). A payment
under this title shall, however, when accepted by or on behalf of the
individual, be in full satisfaction of all such claims by or on behalf
of that individual.
(f) Termination of Duties of Secretary.--The duties of the
Secretary under this section shall cease when the Fund terminates.
(g) Treatment of Payments Under Other Laws.--A payment under
subsection (c)(1) to an individual--
(1) shall be treated for purposes of the Internal Revenue
Code of 1986 as damages described in section 104(a)(2) of such
Code;
(2) shall not be included as income or resources for
purposes of determining the eligibility of the individual to
receive benefits described in section 3803(c)(2)(C) of title
31, United States Code, or the amount of such benefits, and
such benefits shall not be secondary to, conditioned upon
reimbursement from, or subject to any reduction because of
receipt of, any such payment; and
(3) shall not be treated as a third party payment or
payment in relation to a legal liability with respect to such
benefits and shall not be subject (whether by subrogation or
otherwise) to recovery, recoupment, reimbursement, or
collection with respect to such benefits (including the Federal
or State governments or any entity that provides such benefits
under a contract).
(h) Regulatory Authority.--The Secretary may issue regulations
necessary to carry out this title.
(i) Time of Issuance of Procedures.--The Secretary shall, through
the promulgation of appropriate regulations, guidelines, or otherwise,
first establish the procedures to carry out this title not later than
120 days after the date of the enactment of this Act.
SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF PETITIONS.
(a) Rights not Assignable or Transferable.--Any right under this
title shall not be assignable or transferable.
(b) One Petition With Respect to Each Victim.--With respect to each
individual described in paragraph (1), (2), or (3) of section 102(a),
the Secretary may not make payment with respect to more than one
petition filed in respect to an individual.
SEC. 105. TIME LIMITATION.
The Secretary may not make any payment with respect to any petition
filed under this title unless the petition is filed within 5 years
after the date of the enactment of this Act.
SEC. 106. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.
A payment made under section 103(c)(1) shall not be considered as
any form of compensation, or reimbursement for a loss, for purposes of
imposing liability on the individual receiving the payment, on the
basis of such receipt, to repay any insurance carrier for insurance
payments or to repay any person on account of worker's compensation
payments. A payment under this title shall not affect any claim against
an insurance carrier with respect to insurance or against any person
with respect to worker's compensation.
SEC. 107. DEFINITIONS.
For purposes of this title:
(1) AIDS.--The term ``AIDS'' means acquired immune
deficiency syndrome.
(2) Fund.--The term ``Fund'' means the Steve Grissom Relief
Fund.
(3) HIV.--The term ``HIV'' means human immunodeficiency
virus.
(4) Secretary.--Unless otherwise provided, the term
``Secretary'' means the Secretary of Health and Human Services.
TITLE II--TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM
SEC. 201. TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM.
(a) In General.--Notwithstanding any other provision of law, the
payments described in subsection (b) shall not be considered income or
resources in determining eligibility for, or the amount of supplemental
security income benefits under, title XVI of the Social Security Act.
(b) Government Payments Described.--The payments described in this
subsection are payments made from the Fund established pursuant to
section 101 of this Act. | Steve Grissom Relief Fund Act of 2005 - Establishes the Steve Grissom Relief Fund in the Treasury.
Directs the Secretary of Health and Human Services to make a single payment from the Fund to any individual infected with HIV or diagnosed with AIDS who: (1) was treated with HIV-contaminated blood, blood components, human tissue, or organs; (2) is the lawful spouse of an individual so treated; (3) is a former spouse of such an individual and can assert reasonable certainty of transmission of HIV from such individual; and (4) acquired HIV through perinatal transmission from such an individual or individual's spouse. Sets forth documentation, petition, determination, and payment procedures. States that such payments do not create or admit any claim, but do constitute full satisfaction of all claims by or on behalf of such an individual. Provides that such payments do not constitute income for tax, benefits, or other purposes. Prohibits the assignment or transfer of rights under this Act. Limits petitions to one per victim. Terminates the program after five years. Excludes payments from consideration as: (1) compensation or reimbursement in determining repayment for insurance or worker's compensation benefits; or (2) income or resources in determining eligibility for social security income benefits. | {"src": "billsum_train", "title": "To provide for compassionate payments with regard to individuals who contracted human immunodeficiency virus due to the provision of a contaminated blood transfusion, and for other purposes."} | 2,950 | 266 | 0.513104 | 1.795629 | 0.591286 | 2.622951 | 10.897541 | 0.909836 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Antiterrorism Capabilities
Through International Cooperation Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The development and implementation of technology is
critical to combating terrorism and other high consequence
events and implementing a comprehensive homeland security
strategy.
(2) The United States and its allies in the global war on
terrorism share a common interest in facilitating research,
development, testing, and evaluation of technologies that will
aid in detecting, preventing, responding to, recovering from,
and mitigating against acts of terrorism.
(3) Certain United States allies in the global war on
terrorism, including Israel, the United Kingdom, Canada,
Australia, and Singapore have extensive experience with, and
technological expertise in, homeland security.
(4) The United States and certain of its allies in the
global war on terrorism have a history of successful
collaboration in developing mutually beneficial technologies in
the areas of defense, agriculture, and telecommunications.
(5) The United States and its allies in the global war on
terrorism will mutually benefit from the sharing of
technological expertise to combat domestic and international
terrorism.
(6) The establishment of a program to facilitate and
support cooperative endeavors between and among government
agencies, for-profit business entities, academic institutions,
and nonprofit entities of the United States and its allies will
safeguard lives and property worldwide against acts of
terrorism and other high consequence events.
SEC. 3. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION ACT.
(a) In General.--The Homeland Security Act of 2002 is amended by
inserting after section 313 (6 U.S.C. 193) the following new section:
``SEC. 314. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION
PROGRAM.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director
selected under subsection (c)(1).
``(2) International cooperative activities.--The term
`international cooperative activities' includes--
``(A) coordinated research projects, joint research
projects, or joint ventures;
``(B) joint studies or technical demonstrations;
``(C) coordinated field exercises, scientific
seminars, conferences, symposia, and workshops;
``(D) training of scientists and engineers;
``(E) visits and exchanges of scientists,
engineers, or other appropriate personnel;
``(F) exchanges or sharing of scientific and
technological information; and
``(G) joint use of laboratory facilities and
equipment.
``(3) Under secretary.--The term `Under Secretary' means
the Under Secretary for Science and Technology of the
Department of Homeland Security.
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
``(b) International Cooperative Activities.--
``(1) Authorization.--The Under Secretary is authorized to
carry out international cooperative activities to support the
responsibilities specified under section 302.
``(2) Mechanisms and equitability.--In carrying out this
section, the Under Secretary may award grants to and enter into
cooperative agreements or contracts with United States
governmental organizations, businesses, federally funded
research and development centers, institutions of higher
education, and foreign public or private entities. The Under
Secretary shall ensure that funding and resources expended in
international cooperative activities will be equitably matched
by the foreign partner organization through direct funding or
funding of complementary activities, or through provision of
staff, facilities, materials, or equipment.
``(3) Cooperation.--The Under Secretary is authorized to
conduct international cooperative activities jointly with other
agencies.
``(4) Foreign partners.--Under this section, the Under
Secretary may form partnerships with United States allies in
the global war on terrorism, including Israel, the United
Kingdom, Canada, Australia, Singapore, and other countries as
appropriate.
``(5) Exotic diseases.--As part of the international
cooperative activities authorized in this section, the Under
Secretary may facilitate the development of information sharing
and other types of cooperative mechanisms with foreign
countries, including nations in Africa, to strengthen American
preparedness against threats to the Nation's agricultural and
public health sectors from exotic diseases.
``(c) Program and Director.--
``(1) Establishment.--The Under Secretary shall establish
the Science and Technology Homeland Security International
Cooperative Program to facilitate international cooperative
activities throughout the Science and Technology Directorate.
The Program shall be headed by a Director, who shall be
selected by and shall report to the Under Secretary.
``(2) Responsibilities of the director.--
``(A) Development of mechanisms.--The Director
shall be responsible for developing, in consultation
with the Department of State and in coordination with
other Federal agencies, mechanisms and legal frameworks
to allow and to support international cooperative
activities in support of homeland security research.
``(B) Identification of partners.--The Director
shall facilitate the matching of United States entities
engaged in homeland security research with non-United
States entities engaged in homeland security research
so that they may partner in homeland security research
activities.
``(C) Coordination.--The Director shall ensure that
the activities under this subsection are coordinated
with those of other components of the Department and of
other relevant research agencies.
``(D) Conferences and workshops.--The Director,
periodically, shall support the planning and execution
of international homeland security technology workshops
and conferences to improve contact among the
international community of technology developers and to
help establish direction for future technology goals.
``(3) Program manager authority.--This subsection shall not
be construed to limit the ability of a program manager to
initiate or carry out international cooperative activities
provided that such activities are appropriately coordinated
with the Program established under this subsection.
``(d) Budget Allocation.--There are authorized to be appropriated
to the Secretary, to be derived from amounts otherwise authorized for
the Directorate of Science and Technology, $25,000,000 for each of the
fiscal years 2007 through 2010 for activities under this section.
``(e) Report to Congress on International Cooperative Activities.--
``(1) Initial report.--Not later than 180 days after the
date of enactment of this section, the Under Secretary, acting
through the Director, shall transmit to the Congress a report
containing--
``(A) a brief description of each partnership
formed under subsection (b)(4), including the
participants, goals, and amount and sources of funding;
and
``(B) a list of international cooperative
activities underway, including the participants, goals,
expected duration, and amount and sources of funding,
including resources provided to support the activities
in lieu of direct funding.
``(2) Updates.--At the end of the fiscal year that occurs 5
years after the transmittal of the report under subsection (a),
and every 5 years thereafter, the Under Secretary, acting
through the Director, shall transmit to the Congress an update
of the report required under subsection (a).''.
(b) Table of Contents Amendment.--The table of contents of the
Homeland Security Act of 2002 is amended by adding after the item
relating to section 313 the following new item:
``Sec. 314. Promoting antiterrorism through international cooperation
program.''.
Passed the House of Representatives September 26, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Promoting Antiterrorism Capabilities Through International Cooperation Act - Amends the Homeland Security Act of 2002 to authorize the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) to carry out international cooperative activities and, in carrying out such activities, to: (1) conduct such activities jointly with other agencies; (2) award grants and enter into cooperative agreements or contracts with U.S. governmental organizations, businesses, federally funded research and development centers, institutions of higher education, and foreign public or private entities; (3) form partnerships with U.S. allies in the global war on terrorism; and (4) facilitate the development of information sharing and other cooperative mechanisms with foreign countries to strengthen American preparedness against threats to the nation's agricultural and public health sectors from exotic diseases. Directs the Under Secretary to ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization.
Directs the Under Secretary to establish the Science and Technology Homeland Security International Cooperative Program to facilitate international cooperative activities throughout the Science and Technology Directorate. Provides that the Program shall be headed by a Director, who shall be responsible for developing mechanisms and legal frameworks to allow and to support international cooperative activities in support of homeland security research. Requires the Director to: (1) facilitate the matching of U.S. entities with non-U.S. entities that may partner in homeland security research activities; (2) ensure that activities are coordinated with those of other DHS components and other relevant research agencies; and (3) periodically support the planning and execution of international homeland security technology workshops and conferences.
Authorizes appropriations to the Secretary, to be derived from amounts otherwise authorized for the Directorate, for international cooperative activities for each of FY2007-FY2010.
Requires the Under Secretary, acting through the Director, to report to Congress every five years on partnerships formed and international cooperative activities underway. | {"src": "billsum_train", "title": "To establish a capability and office to promote cooperation between entities of the United States and its allies in the global war on terrorism for the purpose of engaging in cooperative endeavors focused on the research, development, and commercialization of high-priority technologies intended to detect, prevent, respond to, recover from, and mitigate against acts of terrorism and other high consequence events and to address the homeland security needs of Federal, State, and local governments."} | 1,637 | 401 | 0.660768 | 2.187479 | 0.932231 | 4.828255 | 4.285319 | 0.950139 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethanol Infrastructure Expansion Act
of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the national interest to make greater use of
ethanol in transportation fuels;
(2) ethanol is a clean, renewable fuel that provides public
health benefits in the form of reduced emissions, including
reduced greenhouse gas emissions that cause climate change;
(3) ethanol use provides economic gains to agricultural
producers, biofuels producers, and rural areas;
(4) ethanol use benefits the national security of the
United States by displacing the use of petroleum, much of which
is imported from foreign countries that are hostile to the
United States;
(5) ethanol can reduce prices at the pump for motoring
consumers by extending fuel supplies and due to the competitive
cost of ethanol relative to conventional gasoline;
(6) ethanol faces shipping challenges in pipelines that
transport other liquid transportation fuels;
(7) currently ethanol is efficiently shipped by rail tanker
cars, barges, and trucks, all of which could, as ethanol
production expands, encounter capacity limits due to competing
use demands for the rail tanker cars, barges, and trucks;
(8) as the United States ethanol market expands in the
coming years there is likely to be a need for dedicated ethanol
pipelines to transport ethanol from the Midwest, where ethanol
generally is produced, to the Eastern and Western United
States;
(9) as of the date of enactment of this Act, dedicated
ethanol pipelines do not exist in the United States and will be
challenging to construct, at least initially;
(10) Brazil has already shown that ethanol can be shipped
effectively via pipeline; and
(11) having an ethanol pipeline study completed in the very
near term is important because the construction of 1 or more
dedicated ethanol pipelines would take at least several years
to complete.
SEC. 3. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of Energy.
SEC. 4. FEASIBILITY STUDIES.
(a) In General.--The Secretary, in coordination with the Secretary
of Agriculture and the Secretary of Transportation, shall spend up to
$1,000,000 to fund feasibility studies for the construction of
dedicated ethanol pipelines.
(b) Conduct of Studies.--
(1) In general.--The Secretary shall--
(A) through a competitive solicitation process,
select 1 or more firms having capabilities in the
planning, development, and construction of dedicated
ethanol pipelines to carry out the feasibility studies
described in subsection (a); or
(B) carry out the feasibility studies in
conjunction with such firms.
(2) Timing.--
(A) In general.--If the Secretary elects to select
1 or more firms under paragraph (1)(A), the Secretary
shall award funding under this section not later than
120 days after the date of enactment of this Act.
(B) Studies.--As a condition of receiving funds
under this section, a recipient of funding shall agree
to submit to the Secretary a completed feasibility
study not later than 360 days after the date of
enactment of this Act.
(c) Study Factors.--Feasibility studies funded under this Act shall
include consideration of--
(1) existing or potential barriers to dedicated ethanol
pipelines, including technical, siting, financing, and
regulatory barriers;
(2) market risk, including throughput risk, and ways of
mitigating the risk;
(3) regulatory, financing, and siting options that would
mitigate risk in these areas and help ensure the construction
of 1 or more dedicated ethanol pipelines;
(4) financial incentives that may be necessary for the
construction of dedicated ethanol pipelines, including the
return on equity that sponsors of the first dedicated ethanol
pipelines will require to invest in the pipelines;
(5) ethanol production of 20,000,000,000, 30,000,000,000,
and 40,000,000,000 gallons per year by 2020; and
(6) such other factors that the Secretary considers to be
appropriate.
(d) Confidentiality.--If a recipient of funding under this section
requests confidential treatment for critical energy infrastructure
information or commercially-sensitive data contained in a feasibility
study submitted by the recipient under subsection (b)(2)(B), the
Secretary shall offer to enter into a confidentiality agreement with
the recipient to maintain the confidentiality of the submitted
information.
(e) Review; Report.--The Secretary shall--
(1) review the feasibility studies submitted under
subsection (b)(2)(B) or carried out under subsection (b)(1)(B);
and
(2) not later than 15 months after the date of enactment of
this Act, submit to Congress a report that includes--
(A) information about the potential benefits of
constructing 1 or more dedicated ethanol pipelines; and
(B) recommendations for legislation that could help
provide for the construction of dedicated ethanol
pipelines.
SEC. 5. FUNDING.
There is authorized to be appropriated to the Secretary to carry
out this Act $1,000,000 for fiscal year 2008, to remain available until
expended. | Ethanol Infrastructure Expansion Act of 2006 - Directs the Secretary of Energy, in coordination with the Secretary of Agriculture and the Secretary of Transportation, to award up to $1 million to one or more eligible firms to conduct feasibility studies for the construction of one or more dedicated ethanol pipelines. | {"src": "billsum_train", "title": "A bill to require the Secretary of Energy to award funds to study the feasibility of constructing 1 or more dedicated ethanol pipelines to increase the energy, economic, and environmental security of the United States, and for other purposes."} | 1,094 | 63 | 0.557295 | 1.288987 | 1.297362 | 3.981481 | 19.111111 | 0.907407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Super PAC-Candidate
Coordination Act''.
SEC. 2. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS
CONTRIBUTIONS TO CANDIDATES.
(a) Treatment as Contribution to Candidate.--Section 301(8)(A) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is
amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment made by any person (other than
a candidate, an authorized committee of a candidate, or
a political committee of a political party) for a
coordinated expenditure (as such term is defined in
section 324) which is not otherwise treated as a
contribution under clause (i) or clause (ii).''.
(b) Definitions.--Section 324 of such Act (52 U.S.C. 30126) is
amended to read as follows:
``SEC. 324. PAYMENTS FOR COORDINATED EXPENDITURES.
``(a) Coordinated Expenditures.--
``(1) In general.--For purposes of section 301(8)(A)(iii),
the term `coordinated expenditure' means--
``(A) any expenditure, or any payment for a covered
communication described in subsection (d), which is
made in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate, an
authorized committee of a candidate, a political
committee of a political party, or agents of the
candidate or committee, as defined in subsection (b);
or
``(B) any payment for any communication which
republishes, disseminates, or distributes, in whole or
in part, any video or broadcast or any written,
graphic, or other form of campaign material prepared by
the candidate or committee or by agents of the
candidate or committee (including any excerpt or use of
any video from any such broadcast or written, graphic,
or other form of campaign material).
``(2) Exception for payments for certain communications.--A
payment for a communication (including a covered communication
described in subsection (d) shall not be treated as a
coordinated expenditure under this subsection if--
``(A) the communication appears in a news story,
commentary, or editorial distributed through the
facilities of any broadcasting station, newspaper,
magazine, or other periodical publication, unless such
facilities are owned or controlled by any political
party, political committee, or candidate; or
``(B) the communication constitutes a candidate
debate or forum conducted pursuant to regulations
adopted by the Commission pursuant to section
304(f)(3)(B)(iii), or which solely promotes such a
debate or forum and is made by or on behalf of the
person sponsoring the debate or forum.
``(b) Coordination Described.--
``(1) In general.--For purposes of this section, a payment
is made `in cooperation, consultation, or concert with, or at
the request or suggestion of,' a candidate, an authorized
committee of a candidate, a political committee of a political
party, or agents of the candidate or committee, if the payment,
or any communication for which the payment is made, is not made
entirely independently of the candidate, committee, or agents.
For purposes of the previous sentence, a payment or
communication not made entirely independently of the candidate
or committee includes any payment or communication made
pursuant to any general or particular understanding with, or
pursuant to any communication with, the candidate, committee,
or agents about the payment or communication.
``(2) No finding of coordination based solely on sharing of
information regarding legislative or policy position.--For
purposes of this section, a payment shall not be considered to
be made by a person in cooperation, consultation, or concert
with, or at the request or suggestion of, a candidate or
committee, solely on the grounds that the person or the
person's agent engaged in discussions with the candidate or
committee, or with any agent of the candidate or committee,
regarding that person's position on a legislative or policy
matter (including urging the candidate or committee to adopt
that person's position), so long as there is no communication
between the person and the candidate or committee, or any agent
of the candidate or committee, regarding the candidate's or
committee's campaign advertising, message, strategy, policy,
polling, allocation of resources, fundraising, or other
campaign activities.
``(3) No effect on party coordination standard.--Nothing in
this section shall be construed to affect the determination of
coordination between a candidate and a political committee of a
political party for purposes of section 315(d).
``(4) No safe harbor for use of firewall.--A person shall
be determined to have made a payment in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate or committee, in accordance with this section
without regard to whether or not the person established and
used a firewall or similar procedures to restrict the sharing
of information between individuals who are employed by or who
are serving as agents for the person making the payment.
``(c) Payments by Coordinated Spenders for Covered
Communications.--
``(1) Payments made in cooperation, consultation, or
concert with candidates.--For purposes of subsection (a)(1)(A),
if the person who makes a payment for a covered communication,
as defined in subsection (d), is a coordinated spender under
paragraph (2) with respect to the candidate as described in
subsection (d)(1), the payment for the covered communication is
made in cooperation, consultation, or concert with the
candidate.
``(2) Coordinated spender defined.--For purposes of this
subsection, the term `coordinated spender' means, with respect
to a candidate or an authorized committee of a candidate, a
person (other than a political committee of a political party)
for which any of the following applies:
``(A) During the 4-year period ending on the date
on which the person makes the payment, the person was
directly or indirectly formed or established by or at
the request or suggestion of, or with the encouragement
of, the candidate (including an individual who later
becomes a candidate) or committee or agents of the
candidate or committee, including with the approval of
the candidate or committee or agents of the candidate
or committee.
``(B) The candidate or committee or any agent of
the candidate or committee solicits funds, appears at a
fundraising event, or engages in other fundraising
activity on the person's behalf during the election
cycle involved, including by providing the person with
names of potential donors or other lists to be used by
the person in engaging in fundraising activity,
regardless of whether the person pays fair market value
for the names or lists provided. For purposes of this
subparagraph, the term `election cycle' means, with
respect to an election for Federal office, the period
beginning on the day after the date of the most recent
general election for that office (or, if the general
election resulted in a runoff election, the date of the
runoff election) and ending on the date of the next
general election for that office (or, if the general
election resulted in a runoff election, the date of the
runoff election).
``(C) The person is established, directed, or
managed by the candidate or committee or by any person
who, during the 4-year period ending on the date on
which the person makes the payment, has been employed
or retained as a political, campaign media, or
fundraising adviser or consultant for the candidate or
committee or for any other entity directly or
indirectly controlled by the candidate or committee, or
has held a formal position with the candidate or
committee.
``(D) The person has retained the professional
services of any person who, during the 2-year period
ending on the date on which the person makes the
payment, has provided or is providing professional
services relating to the campaign to the candidate or
committee, without regard to whether the person
providing the professional services used a firewall.
For purposes of this subparagraph, the term
`professional services' includes any services in
support of the candidate's or committee's campaign
activities, including advertising, message, strategy,
policy, polling, allocation of resources, fundraising,
and campaign operations, but does not include
accounting or legal services.
``(E) The person is established, directed, or
managed by a member of the immediate family of the
candidate, or the person or any officer or agent of the
person has had more than incidental discussions about
the candidate's campaign with a member of the immediate
family of the candidate. For purposes of this
subparagraph, the term `immediate family' has the
meaning given such term in section 9004(e) of the
Internal Revenue Code of 1986.
``(d) Covered Communication Defined.--
``(1) In general.--For purposes of this section, the term
`covered communication' means, with respect to a candidate or
an authorized committee of a candidate, a public communication
(as defined in section 301(22)) which--
``(A) expressly advocates the election of the
candidate or the defeat of an opponent of the candidate
(or contains the functional equivalent of express
advocacy);
``(B) promotes or supports the candidate, or
attacks or opposes an opponent of the candidate
(regardless of whether the communication expressly
advocates the election or defeat of a candidate or
contains the functional equivalent of express
advocacy); or
``(C) refers to the candidate or an opponent of the
candidate but is not described in subparagraph (A) or
subparagraph (B), but only if the communication is
disseminated during the applicable election period.
``(2) Applicable election period.--In paragraph (1)(C), the
`applicable election period' with respect to a communication
means--
``(A) in the case of a communication which refers
to a candidate in a general, special, or runoff
election, the 120-day period which ends on the date of
the election; or
``(B) in the case of a communication which refers
to a candidate in a primary or preference election, or
convention or caucus of a political party that has
authority to nominate a candidate, the 60-day period
which ends on the date of the election or convention or
caucus.
``(3) Special rules for communications involving
congressional candidates.--For purposes of this subsection, a
public communication shall not be considered to be a covered
communication with respect to a candidate for election for an
office other than the office of President or Vice President
unless it is publicly disseminated or distributed in the
jurisdiction of the office the candidate is seeking.
``(e) Penalty.--
``(1) Determination of amount.--Any person who knowingly
and willfully commits a violation of this Act by making a
contribution which consists of a payment for a coordinated
expenditure shall be fined an amount equal to the greater of--
``(A) in the case of a person who makes a
contribution which consists of a payment for a
coordinated expenditure in an amount exceeding the
applicable contribution limit under this Act, 300
percent of the amount by which the amount of the
payment made by the person exceeds such applicable
contribution limit; or
``(B) in the case of a person who is prohibited
under this Act from making a contribution in any
amount, 300 percent of the amount of the payment made
by the person for the coordinated expenditure.
``(2) Joint and several liability.--Any director, manager
or officer of a person who is subject to a penalty under
paragraph (1) shall be jointly and severally liable for any
amount of such penalty that is not paid by the person prior to
the expiration of the 1-year period which begins on the date
the Commission imposes the penalty or the 1-year period which
begins on the date of the final judgment following any judicial
review of the Commission's action, whichever is later.''.
(c) Effective Date.--
(1) Repeal of existing regulations on coordination.--
Effective upon the expiration of the 90-day period which begins
on the date of the enactment of this Act--
(A) the regulations on coordinated communications
adopted by the Federal Election Commission which are in
effect on the date of the enactment of this Act (as set
forth in 11 CFR Part 109, Subpart C, under the heading
``Coordination'') are repealed; and
(B) the Federal Election Commission shall
promulgate new regulations on coordinated
communications which reflect the amendments made by
this Act.
(2) Effective date.--The amendments made by this section
shall apply with respect to payments made on or after the
expiration of the 120-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Federal Election Commission has promulgated regulations in
accordance with paragraph (1)(B) as of the expiration of such
period.
SEC. 3. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY FEDERAL
CANDIDATES AND OFFICEHOLDERS.
(a) In General.--Section 323(e)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30125(e)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) solicit, receive, direct, or transfer funds
to or on behalf of any political committee which
accepts donations or contributions that do not comply
with the limitations, prohibitions, and reporting
requirements of this Act (or to or on behalf of any
account of a political committee which is established
for the purpose of accepting such donations or
contributions), or to or on behalf of any political
organization under section 527 of the Internal Revenue
Code of 1986 which accepts such donations or
contributions (other than a committee of a State or
local political party or a candidate for election for
State or local office).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring after January 1, 2016. | Stop Super PAC-Candidate Coordination Act Amends the Federal Election Campaign Act of 1971 (FECA) to treat as a campaign contribution any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure which is not otherwise treated as a contribution. (In effect, replaces and eliminates a prohibition against contributions by minors which the U.S. Supreme Court in McConnell v. Federal Election Commission ruled an unconstitutional violation of the First Amendment.) Sets forth rules governing payments for coordinated expenditures, including special rule for payments by coordinated spenders for covered communications. Defines "covered communication" as a public communication which: (1) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); (2) promotes or supports the candidate, or attacks or opposes an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (3) refers to the candidate or an opponent of the candidate in other ways, but only if the communication is disseminated during the applicable election period. Prescribes penalties for knowing and willfull violation of this Act by a contribution which consists of a payment for a coordinated expenditure. Prohibits candidates or individuals holding federal office, their agents, and certain related entities from soliciting, receiving, directing, or transferring funds to or on behalf of any political committee which accepts donations or contributions that do not comply with FECA limitations, prohibitions, and reporting requirements, or to or on behalf of any 527 organization which accepts such donations or contributions (other than a committee of a state or local political party or a candidate for election for state or local office). (A 527 organization, tax-exempt in certain circumstances under Section 527 of the Internal Revenue Code, is created primarily to influence the selection, nomination, election, appointment or defeat of candidates to federal, state or local public office.) | {"src": "billsum_train", "title": "Stop Super PAC-Candidate Coordination Act"} | 3,231 | 465 | 0.636545 | 2.05345 | 0.775445 | 5.015152 | 7.638889 | 0.883838 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Common Sense
Middle Class Tax Relief Act of 1996''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Deduction Allowed.-- Part VII of subchapter B of chapter 1
(relating to additional itemized deductions for individuals) is amended
by redesignating section 220 as section 221 and by inserting after
section 219 the following new section:
``SEC. 220. HIGHER EDUCATION TUITION AND FEES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction the amount of qualified higher
education expenses paid by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--
``(A) In general.--The amount allowed as a
deduction under subsection (a) for any taxable year
shall not exceed $10,000.
``(B) Phase-in.--In the case of taxable years
beginning in 1996, subparagraph (A) shall be applied by
substituting `$5,000' for `$10,000'.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount allowed as a
deduction under subsection (a) (after application of
paragraph (1)) shall be reduced (but not below zero) by
the amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the deduction (determined without
regard to this paragraph) as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $60,000 ($80,000 in the case
of a joint return), bears to
``(ii) $20,000.
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
determined--
``(i) without regard to this section and
sections 911, 931, and 933, and
``(ii) after the application of sections
86, 135, 219 and 469.
For purposes of sections 86, 135, 219, and 469,
adjusted gross income shall be determined without
regard to the deduction allowed under this section.
``(D) Inflation adjustments.--
``(i) In general.--In the case of a taxable
year beginning after 1998, the $60,000 and
$80,000 amounts described in subparagraph (B)
shall each be increased by an amount equal to--
``(I) such dollar amounts,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 1997' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $5,000,
such amount shall be rounded to the next lowest
multiple of $5,000.
``(c) Qualified Higher Education Expenses.--For purposes of this
section--
``(1) Qualified higher education expenses.--
``(A) In general.--The term `qualified higher
education expenses' means tuition and fees charged by
an educational institution and required for the
enrollment or attendance of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151,
as an eligible student at an institution of higher
education.
``(B) Exception for education involving sports,
etc.--Such term does not include expenses with respect
to any course or other education involving sports,
games, or hobbies, unless such expenses--
``(i) are part of a degree program, or
``(ii) are deductible under this chapter
without regard to this section.
``(C) Exception for nonacademic fees.--Such term
does not include any student activity fees, athletic
fees, insurance expenses, or other expenses unrelated
to a student's academic course of instruction.
``(D) Eligible student.--For purposes of
subparagraph (A), the term `eligible student' means a
student who--
``(i) meets the requirements of section
484(a)(1) of the Higher Education Act of 1965
(20 U.S.C. 1091(a)(1)), as in effect on the
date of the enactment of this section, and
``(ii)(I) is carrying at least one-half the
normal full-time work load for the course of
study the student is pursuing, as determined by
the institution of higher education, or
``(II) is enrolled in a course which
enables the student to improve the student's
job skills or to acquire new job skills.
``(E) Identification requirement.--No deduction
shall be allowed under subsection (a) to a taxpayer
with respect to an eligible student unless the taxpayer
includes the name, age, and taxpayer identification
number of such eligible student on the return of tax
for the taxable year.
``(2) Institution of higher education.--The term
`institution of higher education' means an institution which--
``(A) is described in section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088), as in effect on
the date of the enactment of this section, and
``(B) is eligible to participate in programs under
title IV of such Act.
``(d) Special Rules.--
``(1) No double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for qualified higher education
expenses with respect to which a deduction is allowable
to the taxpayer under any other provision of this
chapter unless the taxpayer irrevocably waives his
right to the deduction of such expenses under such
other provision.
``(B) Dependents.--No deduction shall be allowed
under subsection (a) to any individual with respect to
whom a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year
begins.
``(C) Savings bond exclusion.--A deduction shall be
allowed under subsection (a) for qualified higher
education expenses only to the extent the amount of
such expenses exceeds the amount excludable under
section 135 for the taxable year.
``(2) Limitation on taxable year of deduction.--
``(A) In general.--A deduction shall be allowed
under subsection (a) for any taxable year only to the
extent the qualified higher education expenses are in
connection with enrollment at an institution of higher
education during the taxable year.
``(B) Certain prepayments allowed.--Subparagraph
(A) shall not apply to qualified higher education
expenses paid during a taxable year if such expenses
are in connection with an academic term beginning
during such taxable year or during the first 3 months
of the next taxable year.
``(3) Adjustment for certain scholarships and veterans'
benefits.--The amount of qualified higher education expenses
otherwise taken into account under subsection (a) with respect
to the education of an individual shall be reduced (before the
application of subsection (b)) by the sum of the amounts
received with respect to such individual for the taxable year
as--
``(A) a qualified scholarship which under section
117 is not includable in gross income,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for educational expenses, or attributable to
enrollment at an eligible educational institution,
which is exempt from income taxation by any law of the
United States.
``(4) No deduction for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(5) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(6) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this section, including regulations requiring recordkeeping and
information reporting.''
(b) Deduction Allowed in Computing Adjusted Gross Income.--Section
62(a) is amended by inserting after paragraph (15) the following new
paragraph:
``(16) Higher education tuition and fees.--The deduction
allowed by section 220.''
(c) Conforming Amendment.--The table of sections for part VII of
subchapter B of chapter 1 is amended by striking the item relating to
section 220 and inserting:
``Sec. 220. Higher education tuition and
fees.
``Sec. 221. Cross reference.''
(d) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 1995.
SEC. 3. EXCLUSION FOR EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE MADE
PERMANENT.
(a) In General.--Section 127 (relating to exclusion for employer-
provided educational assistance programs) is amended by striking
subsection (d) and by redesignating subsection (e) as subsection (d).
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994. | Common Sense Middle Class Tax Relief Act of 1996 - Amends the Internal Revenue Code to allow an individual a deduction for the amount of qualified higher education expenses paid by the individual. Limits the amount allowed to $10,000. Provides for a limitation based on modified adjusted gross income and other limitations.
Makes permanent the exclusion for employer-provided educational assistance programs. | {"src": "billsum_train", "title": "Common Sense Middle Class Tax Relief Act of 1996"} | 2,360 | 80 | 0.570565 | 1.252396 | 0.86724 | 3.471429 | 30.1 | 0.9 |
SECTION 1. PROHIBITION OF OIL AND GAS LEASING IN CERTAIN AREAS OF THE
OUTER CONTINENTAL SHELF.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following:
``(p) Prohibition of Oil and Gas Leasing in Certain Areas of the
Outer Continental Shelf.--Notwithstanding any other provision of this
section or any other law, the Secretary of the Interior shall not issue
a lease for the exploration, development, or production of oil, natural
gas, or any other mineral in--
``(1) the eastern Gulf of Mexico planning area;
``(2) the Straits of Florida planning area; or
``(3) the South Atlantic planning area, extending from the
Straits of Florida planning area to the border between the
States of Florida and Georgia.''.
SEC. 2. ENVIRONMENTAL REVIEW.
(a) Conditions for Bidding on Option To Lease.--The Outer
Continental Shelf Lands Act (42 U.S.C. 1301 et seq.) is amended by
inserting after section 24 the following:
``SEC. 24A. CONDITIONS FOR SALE OF OPTION TO LEASE.
``(a) In General.--The sale of an option to enter into an oil and
gas lease described in section 25 (including a lease to drill an
exploratory well) shall be contingent on--
``(1) the preparation, in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) of an
environmental impact statement concerning the activities to be
conducted under the oil and gas lease; and
``(2) after preparation of the environmental impact
statement, the completion by the affected State of a
consistency certification in accordance with section 307(c) of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)).
``(b) Excluded Plans.--This section does not apply to a plan for
the production and transportation of natural gas described in section
25(k).''.
(b) Applicability of NEPA to Development Plans.--Section 25(d) of
the Outer Continental Shelf Lands Act (42 U.S.C. 1351(d)) is amended by
striking ``unless the State'' and inserting ``unless the State, after
completion of the environmental impact statement under section 24A,''.
(c) Deadline for Approval or Disapproval of Plans.--Section
25(h)(1) of the Outer Continental Shelf Lands Act (42 U.S.C.
1351(h)(1)) is amended in the first sentence by striking ``sixty'' each
place it appears and inserting ``90''.
(d) Applicability to Leases in the Gulf of Mexico.--Section 25 of
the Outer Continental Shelf Lands Act (42 U.S.C. 1351) is amended--
(1) by striking ``, other than the Gulf of Mexico,'' each
place it appears; and
(2) by striking subsection (l).
(e) Conforming Amendments.--
(1) Section 25(a) of the Outer Continental Shelf Lands Act
(42 U.S.C. 1351(a)) is amended--
(A) in paragraph (2)--
(i) by striking ``accompanied by a
statement'' and inserting ``accompanied by--
``(A) a statement'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by inserting the following:
``(B) a copy of the environmental impact statement
for the oil and gas lease prepared under section 24A'';
and
(B) by striking paragraph (3) and inserting the
following:
``(3) Submission of statements.--Except for any privileged or
proprietary information (as the term is defined in regulations
promulgated by the Secretary), the Secretary, not later than 10 days
after receipt of the statements described in paragraph (2), shall--
``(A) submit the statements to the Governor of any affected
State, and, upon request, to the chief executive officer of any
affected local government; and
``(B) make the statements available to any appropriate
interstate regional entity and the public.''.
(2) Section 25(e)(2) of the Outer Continental Shelf Lands
Act (42 U.S.C. 1351(e)(2)) is amended by striking ``approved,''
and inserting ``approved (including plans for exploratory
wells),''.
(3) Section 25(f) of the Outer Continental Shelf Lands Act
(42 U.S.C. 1351(f)) is amended by striking ``the draft
environmental impact statement'' and insert ``a copy of the
environmental impact statement for the lease prepared under
section 24A''.
(4) Section 25(h)(1) of the Outer Continental Shelf Lands
Act (42 U.S.C. 1351(h)(1)) is amended by striking ``subsection
(e) of this section'' and inserting ``section 24A''.
SEC. 3. BUYBACK OF OFFSHORE LEASES.
(a) In General.--The Secretary of the Interior may purchase the
rights to oil and gas development and production covered by the
following outstanding leases in the Gulf of Mexico:
(1) In the Destin Dome planing area, each of leases
numbered G06401, G06402, G06405 through G06411, G06432, G06433,
G06436, G06440, G06442 through G06444, G08320 through G08322,
G08333, G08334, G08346, G10418, G10419, G10422, G10426, and
G10427, at a total cost of $38,573,458.
(2) In the Desoto Canyon planning area, each of leases
numbered G06464, G06469, G06470, G06474 through G06477, G10446
through G10456, G10459 through G10467, G10471 through G10473,
and G10477, at a total cost of $12,278,600.
(3) In the Elbow region, each of leases numbered G10498
through G10514, at a total cost of $4,348,640.
(4) In the Pensacola planning area, each of leases numbered
G08308 through G08310, G08317 through G08319, G10408 through
G10410, and G10413 through G10417, at a total cost of
$16,793,300.
(5) In the Lloyd planning area, each of leases numbered
G10493 through G10497, at total cost of $1,213,704.
(6) In the Apalachicola planning area, each of leases
numbered G10430 through G10435, at a total cost of $2,936,700.
(7) In the Florida Middle Ground planning area, each of
leases numbered G08361 through G08368, G10484, and G10485, at a
total cost of $14,018,000.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $90,162,402. | Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing a lease for the exploration, development, or production of oil, natural gas or any other mineral in the following planning areas: (1) eastern Gulf of Mexico; (2) Straits of Florida; or (3) South Atlantic, extending from the Straits of Florida planning area to the border between the States of Florida and Georgia.Conditions the sale of an option to enter into an oil and gas lease (except in the case of a plan for natural gas production and transportation) upon an environmental impact statement and a State consistency certification.Authorizes the Secretary to purchase rights to oil and gas development and production covered by specified leases outstanding in the Gulf of Mexico. | {"src": "billsum_train", "title": "To permanently prohibit the conduct of offshore drilling on the outer Continental Shelf off the State of Florida, and for other purposes."} | 1,652 | 158 | 0.631748 | 1.706962 | 0.826336 | 5.363014 | 9.020548 | 0.952055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spokane Tribe of Indians of the
Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) from 1927 to 1931, at the direction of Congress, the
Corps of Engineers investigated the Columbia River and its
tributaries to determine sites at which power could be produced
at low cost;
(2) under section 10(e) of the Federal Power Act (16 U.S.C.
803(e)), when licenses are issued involving tribal land within
an Indian reservation, a reasonable annual charge shall be
fixed for the use of the land, subject to the approval of the
Indian tribe having jurisdiction over the land;
(3) in August 1933, the Columbia Basin Commission, an
agency of the State of Washington, received a preliminary
permit from the Federal Power Commission for water power
development at the Grand Coulee site;
(4) had the Columbia Basin Commission or a private entity
developed the site, the Spokane Tribe would have been entitled
to a reasonable annual charge for the use of its land;
(5) in the mid-1930s, the Federal Government, which is not
subject to licensing under the Federal Power Act (16 U.S.C. 792
et seq.)--
(A) federalized the Grand Coulee Dam project; and
(B) began construction of the Grand Coulee Dam;
(6) when the Grand Coulee Dam project was federalized, the
Federal Government recognized that--
(A) development of the project affected the
interests of the Spokane Tribe and the Confederated
Tribes of the Colville Reservation; and
(B) it would be appropriate for the Spokane and
Colville Tribes to receive a share of revenue from the
disposition of power produced at Grand Coulee Dam;
(7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.),
Congress--
(A) granted to the United States--
(i) in aid of the construction, operation,
and maintenance of the Columbia Basin Project,
all the right, title, and interest of the
Spokane Tribe and Colville Tribes in and to the
tribal and allotted land within the Spokane and
Colville Reservations, as designated by the
Secretary of the Interior from time to time;
and
(ii) other interests in such land as
required and as designated by the Secretary for
certain construction activities undertaken in
connection with the project; and
(B) provided that compensation for the land and
other interests was to be determined by the Secretary
in such amounts as the Secretary determined to be just
and equitable;
(8) pursuant to that Act, the Secretary paid--
(A) to the Spokane Tribe, $4,700; and
(B) to the Confederated Tribes of the Colville
Reservation, $63,000;
(9) in 1994, following litigation under the Act of August
13, 1946 (commonly known as the ``Indian Claims Commission
Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et
seq.)), Congress ratified the Colville Settlement Agreement,
which required--
(A) for past use of the Colville Tribes' land, a
payment of $53,000,000; and
(B) for continued use of the Colville Tribes' land,
annual payments of $15,250,000, adjusted annually based
on revenues from the sale of electric power from the
Grand Coulee Dam project and transmission of that power
by the Bonneville Power Administration;
(10) the Spokane Tribe, having suffered harm similar to
that suffered by the Colville Tribes, did not file a claim
within the Indian Claims Commission Act's 5-year statute of
limitations;
(11) neither the Colville Tribes nor the Spokane Tribe
filed claims for compensation for use of their land with the
Commission before August 13, 1951, but both Tribes filed
unrelated land claims prior to August 13, 1951;
(12) in 1976, over objections by the United States, the
Colville Tribes were successful in amending their 1951 Claims
Commission land claims to add their Grand Coulee claim;
(13) the Spokane Tribe had no such claim to amend, having
settled its Claims Commission land claims with the United
States in 1967;
(14) the Spokane Tribe has suffered significant harm from
the construction and operation of Grand Coulee Dam;
(15) Spokane tribal acreage taken by the United States for
the construction of Grand Coulee Dam equaled approximately 39
percent of Colville tribal acreage taken for construction of
the dam;
(16) the payments and land transfers made pursuant to this
Act constitute fair and equitable compensation for the past and
continued use of Spokane tribal land for the production of
hydropower at Grand Coulee Dam; and
(17) by vote of the Spokane tribal membership, the Spokane
Tribe has resolved that the payments and land transfers made
pursuant to this Act constitute fair and equitable compensation
for the past and continued use of Spokane Tribal land for the
production of hydropower at Grand Coulee Dam.
SEC. 3. PURPOSE.
The purpose of this Act is to provide fair and equitable
compensation to the Spokane Tribe for the use of its land for the
generation of hydropower by the Grand Coulee Dam.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration or the
head of any successor agency, corporation, or entity that
markets power produced at Grand Coulee Dam.
(2) Colville settlement agreement.--The term ``Colville
Settlement Agreement'' means the Settlement Agreement entered
into between the United States and the Colville Tribes, signed
by the United States on April 21, 1994, and by the Colville
Tribes on April 16, 1994, to settle the claims of the Colville
Tribes in Docket 181-D of the Indian Claims Commission, which
docket was transferred to the United States Court of Federal
Claims.
(3) Colville tribes.--The term ``Colville Tribes'' means
the Confederated Tribes of the Colville Reservation.
(4) Computed annual payment.--The term ``Computed Annual
Payment'' means the payment calculated under paragraph 2.b. of
the Colville Settlement Agreement, without regard to any
increase or decrease in the payment under section 2.d. of the
agreement.
(5) Confederated tribes act.--The term ``Confederated
Tribes Act'' means the Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act (108 Stat. 4577).
(6) Fund.--The term ``Fund'' means the Spokane Tribe of
Indians Settlement Fund established by section 5.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Spokane business council.--The term ``Spokane Business
Council'' means the governing body of the Spokane Tribe under
the constitution of the Spokane Tribe.
(9) Spokane tribe.--The term ``Spokane Tribe'' means the
Spokane Tribe of Indians of the Spokane Reservation,
Washington.
SEC. 5. SETTLEMENT FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States an interest- bearing trust fund to be known as the
``Spokane Tribe of Indians Settlement Fund'', consisting of--
(1) amounts deposited in the Fund under subsection (b); and
(2) any interest earned on investment of amounts in the
Fund.
(b) Deposits.--From amounts made available under section 11--
(1) for fiscal year 2009, the Secretary shall deposit in
the Fund $23,900,000; and
(2) for each of the 4 fiscal years thereafter, the
Secretary shall deposit in the Fund $18,900,000.
(c) Maintenance and Investment of Fund.--The Fund shall be
maintained and invested by the Secretary in accordance with the Act of
June 24, 1938 (25 U.S.C. 162a).
(d) Payment of Funds to Spokane Business Council.--
(1) Request.--At any time after funds are deposited in the
Fund, the Spokane Business Council may submit to the Secretary
written notice of the adoption by the Spokane Business Council
of a resolution requesting that the Secretary pay all or a
portion of the amounts in the Fund to the Spokane Business
Council.
(2) Payment.--Not later than 60 days after receipt of a
notice under paragraph (1), the Secretary shall pay the amount
requested to the Spokane Business Council.
(e) Use of Funds.--
(1) Cultural resource repository and interpretive center.--
(A) In general.--Of the initial deposit under
subsection (b)(1), $5,000,000 shall be used by the
Spokane Business Council for the planning, design,
construction, equipping, and continuing operation and
maintenance of a Cultural Resource Repository and
Interpretive Center to--
(i) house, preserve, and protect the burial
remains and funerary and cultural resources
affected by the operation of the Grand Coulee
Dam; and
(ii) provide an interpretive and
educational facility regarding the culture and
history of the Spokane Tribe.
(B) Effect.--The funding under subparagraph (A)
does not alter or affect any authority, obligation, or
responsibility of the United States under--
(i) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.);
(ii) the Archaeological Resources
Protection Act (16 U.S.C. 470aa et seq.);
(iii) the National Historic Preservation
Act (16 U.S.C. 470 et seq.); or
(iv) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(2) Other uses.--Of all other amounts deposited in the Fund
(including interest generated on those amounts)--
(A) 25 percent shall be--
(i) reserved by the Spokane Business
Council; and
(ii) used for discretionary purposes of
general benefit to all members of the Spokane
Tribe; and
(B) 75 percent shall be used by the Spokane
Business Council to carry out--
(i) resource development programs;
(ii) credit programs;
(iii) scholarship programs; or
(iv) reserve, investment, and economic
development programs.
SEC. 6. PAYMENTS BY ADMINISTRATOR.
(a) Initial Payment.--On March 1, 2009, the Administrator shall pay
to the Spokane Tribe an amount equal to 29 percent of the Computed
Annual Payment for fiscal year 2008.
(b) Subsequent Payments.--Not later than March 1, 2010, and March 1
of each year thereafter, the Administrator shall pay the Spokane Tribe
an amount equal to 29 percent of the Computed Annual Payment for the
preceding fiscal year.
(c) Payment Recovery.--
(1) In general.--In accordance with the payment schedule
described in subsection (b), the Administrator shall make
commensurate cost reductions in expenditures, on an annual
basis, to recover each payment to the Spokane Tribe under this
section.
(2) Requirement.--The Administrator shall include a
description of a cost reduction plan as required under
paragraph (1) in the annual budget submitted by the
Administrator to Congress.
SEC. 7. TREATMENT AFTER FUNDS ARE PAID.
(a) Use of Payments.--Payments made to the Spokane Business Council
or Spokane Tribe under section 5 or 6 may be used or invested by the
Business Council in the same manner and for the same purposes as other
Spokane Tribe governmental funds.
(b) No Trust Responsibility of the Secretary.--Neither the
Secretary nor the Administrator shall have any trust responsibility for
the investment, supervision, administration, or expenditure of any
funds after the date on which the funds are paid to the Spokane
Business Council or Spokane Tribe under section 5 or 6.
(c) Treatment of Funds for Certain Purposes.--The payments of all
funds to the Spokane Business Council and Spokane Tribe under sections
5 and 6, and the interest and income generated by the funds, shall be
treated in the same manner as payments under section 6 of the Saginaw
Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act
(100 Stat. 677).
(d) Tribal Audit.--After the date on which funds are paid to the
Spokane Business Council or Spokane Tribe under section 5 or 6, the
funds shall--
(1) constitute Spokane Tribe governmental funds; and
(2) be subject to an annual tribal government audit.
SEC. 8. REPAYMENT CREDIT.
(a) In General.--The Administrator shall deduct from the interest
payable to the Secretary of the Treasury from net proceeds (as defined
in section 13 of the Federal Columbia River Transmission System Act (16
U.S.C. 838k))--
(1) in fiscal year 2009, $1,300,000; and
(2) in each subsequent fiscal year in which the
Administrator makes a payment under section 6, $1,300,000.
(b) Crediting.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each deduction made under this section shall be--
(A) a credit to the interest payments otherwise
payable by the Administrator to the Secretary of the
Treasury during the fiscal year in which the deduction
is made; and
(B) allocated pro rata to all interest payments on
debt associated with the generation function of the
Federal Columbia River Power System that are due during
the fiscal year.
(2) Deduction greater than amount of interest.--If, in any
fiscal year, the deduction is greater than the amount of
interest due on debt associated with the generation function
for the fiscal year, the amount of the deduction that exceeds
the interest due on debt associated with the generation
function shall be allocated pro rata to all other interest
payments due during the fiscal year.
(3) Credit.--To the extent that a deduction exceeds the
total amount of interest described in paragraphs (1) and (2),
the deduction shall be applied as a credit against any other
payments that the Administrator makes to the Secretary of the
Treasury.
SEC. 9. TRANSFER OF ADMINISTRATIVE JURISDICTION AND RESTORATION OF
OWNERSHIP OF LAND.
(a) Transfer of Jurisdiction.--The Secretary shall transfer
administrative jurisdiction from the Bureau of Reclamation to the
Bureau of Indian Affairs over all land acquired by the United States
under the Act of June 29, 1940 (16 U.S.C. 835d), that is located within
the exterior boundaries of the Spokane Indian Reservation established
pursuant to the Executive Order of January 18, 1881.
(b) Restoration of Ownership in Trust.--
(1) In general.--All land transferred under this section--
(A) shall be held in trust for the benefit and use
of the Spokane Tribe; and
(B) shall remain part of the Spokane Indian
Reservation.
(2) Federal trust responsibility.--The Federal trust
responsibility for all land transferred under this section
shall be the same as the responsibility for other tribal land
held in trust within the Spokane Indian Reservation.
(c) Colville-Spokane Reservation Boundary.--Nothing in this section
establishes or affects the precise location of the boundary between the
Spokane Indian Reservation and the Colville Reservation along the
Columbia River.
(d) Reservation of Rights.--
(1) In general.--The United States reserves a perpetual
right, power, privilege, and easement over the land transferred
under this section to carry out the Columbia Basin Project
under the Columbia Basin Project Act (16 U.S.C. 835 et seq.).
(2) Rights included.--The rights reserved under paragraph
(1) further include the right to operate, maintain, repair, and
replace boat ramps, docks, and other recreational facilities
owned or permitted by the United States and existing on the
date of enactment of this Act.
(3) Retention of national park system status.--
(A) In general.--Land transferred under this
section that, before the date of enactment of this Act,
was included in the Lake Roosevelt National Recreation
Area shall remain part of the Recreation Area.
(B) Administration.--Nothing in this section shall
affect the authority or responsibility of the National
Park Service to administer the Lake Roosevelt National
Recreation Area under the Act of August 25, 1916 (39
Stat. 535, chapter 408; 16 U.S.C. 1 et seq.).
(4) Memorandum of understanding.--The cognizant agencies of
the Department of the Interior shall enter into a memorandum of
understanding with the Spokane Tribe to provide for
coordination in applying this subsection.
SEC. 10. SATISFACTION OF CLAIMS.
Payment by the Secretary under section 5 and the Administrator
under section 6 and restoration of ownership of land in trust under
section 9 constitute full satisfaction of the claim of the Spokane
Tribe to a fair share of the annual hydropower revenues generated by
the Grand Coulee Dam project for the past and continued use of land of
the Spokane Tribe for the production of hydropower at Grand Coulee Dam.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
SEC. 12. PRECEDENT.
Nothing in this Act establishes any precedent or is binding on the
Southwestern Power Administration, Western Area Power Administration,
or Southeastern Power Administration. | Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act - Establishes in the Treasury the Spokane Tribe of Indians Settlement Fund.
Requires the payment of compensation to the Spokane Business Council for the use of tribal lands for the generation of hydropower from the Grand Coulee Dam.
Requires the use of such funds, in part, for a Cultural Resource Repository and Interpretive Center concerning the culture and history of the Spokane Tribe.
Directs the Administrator of the Bonneville Power Administration to make specified settlement payments to the Spokane Tribe.
Allows payments made to the Spokane Business Council or Spokane Tribe to be used or invested by the Business Council in the same manner and for the same purposes as other Spokane Tribal governmental funds.
Directs the Secretary of the Interior to transfer administrative jurisdiction from the Bureau of Reclamation to the Bureau of Indian Affairs over certain land located within the exterior boundaries of the Spokane Indian Reservation.
Provides that payments by the Secretary and the Administrator and restoration of ownership of land in trust constitute full satisfaction of the claim of the Spokane Tribe to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of land of the Spokane Tribe for the production of hydropower at Grand Coulee Dam. | {"src": "billsum_train", "title": "To provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam, and for other purposes."} | 3,922 | 306 | 0.569137 | 1.795188 | 0.76073 | 6.17284 | 14.222222 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the Howard M. Metzenbaum ``Menu Education
and Labeling Act'' or the ``MEAL Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) research continues to reveal that--
(A) there is a strong link between diet and health;
and
(B) diet-related diseases start early in life;
(2)(A) increased caloric intake is a key factor
contributing to the alarming increase in obesity in the United
States;
(B) according to the Centers for Disease Control and
Prevention, \2/3\ of American adults are overweight or obese,
and the rates of obesity have doubled in children and tripled
in teens since 1980;
(C) obesity increases the risk of diabetes, heart disease,
stroke, several types of cancer, and other health problems; and
(D) the annual cost of obesity to families, businesses, and
governments in the United States is $117,000,000,000;
(3) over the past 2 decades, there has been a significant
increase in the number of meals prepared or eaten outside the
home, with an estimated \1/3\ of calories and almost half of
total food dollars being spent on food purchased from or eaten
at restaurants and other food-service establishments;
(4)(A) excess saturated fat intake is a major risk factor
for heart disease, which is the leading cause of death in the
United States; and
(B) heart disease is a leading cause of disability among
working adults and its impact on the United States economy is
significant, estimated in 2005 to total $142,000,000,000 in
healthcare expenditures and lost productivity;
(5)(A) increased sodium intake is associated with increased
risk of high blood pressure, or hypertension, a condition that
can lead to cardiovascular disease, especially stroke; and
(B) the proportion of adults with high blood pressure is 45
percent at age 50, 60 percent at age 60, and more than 70
percent at age 70;
(6) the Nutrition Labeling and Education Act of 1990
(Public Law 101-535) requires food manufacturers to provide
nutrition information on almost all packaged foods, however,
restaurant foods are exempt from those requirements unless a
nutrient content or health claim is made for a menu item;
(7) about 75 percent of adults report using food labels on
packaged foods, which is associated with eating more healthful
diets, and approximately half of people report that the
nutrition information on food labels has caused them to change
their minds about buying a food product;
(8) it is difficult for consumers to limit their intake of
calories at restaurants, given the limited availability of
nutrition information;
(9) studies show that consumers would like nutrition
information to be provided at the time of ordering their food
at a restaurant, at the point of the sale, so as to enable them
to make an educated decision regarding what to order; and
(10) a call to action from the Surgeon General and
Secretary of Health and Human Services recommends that, to
reduce the incidence of obesity, there be increased
availability of nutrition information for foods eaten and
prepared away from home.
SEC. 3. NUTRITION LABELING OF STANDARD MENU ITEMS AT CHAIN RESTAURANTS.
Section 403(q)(5) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(q)(5)) is amended--
(1) in clause (A)--
(A) in subclause (i), by inserting ``except as
provided in clauses (H) and (I),'' before ``which'' the
first place it appears; and
(B) in subclause (ii), by inserting ``except as
provided in clauses (H) and (I),'' before ``which'' the
first place it appears; and
(2) by adding at the end the following:
``(H) Restaurants and Retail Food Establishments.--
``(i) In general.--Except for food described in subclause
(iii), in the case of food that is served, processed, or
prepared in a restaurant or similar retail food establishment
that is part of a chain with 20 or more locations doing
business under the same trade name (regardless of the type of
ownership of the locations), the restaurant or establishment
shall disclose the information described in subclause (ii).
``(ii) Information required to be disclosed.--Except as
provided in subclause (iii), the establishment shall disclose--
``(I)(aa) in a statement adjacent to the name of
the food on any menu listing the food for sale, or by
any other means deemed equivalent by the Secretary, the
number of calories, grams of saturated fat plus trans
fat, and milligrams of sodium contained in a standard
serving of the food, as usually offered for sale, in a
clear and conspicuous manner; and
``(bb) information, specified by the Secretary by
regulation, designed to enable the public to
understand, in the context of a total daily diet, the
significance of the nutrition information that is
provided; and
``(II) in a statement adjacent to the name of the
food on any menu board or other sign listing the food
for sale, or by any other means deemed equivalent by
the Secretary--
``(aa) the number of calories contained in
a serving of the food, as usually offered for
sale, in a clear and conspicuous manner; and
``(bb) notification that the information
required by subitems (aa) and (bb) of item (I)
shall be provided in writing at the request of
a prospective purchaser.
``(iii) Nonapplicability to certain food.--This clause does
not apply to--
``(I) items that are not listed on a menu or menu
board (such as condiments and other items placed on the
table or counter for general use); or
``(II) daily specials, temporary menu items, or
other irregular menu items, as specified by the
Secretary by regulation.
``(iv) Self-service facilities.--In the case of food sold
at a salad bar, buffet line, cafeteria line, or similar self-
service facility, a restaurant or other establishment shall
place a sign that lists calories per standard serving adjacent
to each food offered.
``(v) Voluntary provision of nutrition information; state
regulation of nutrition information for restaurant food.--
``(I) Retail food establishments.--Nothing in this
clause precludes a restaurant or similar retail food
establishment from providing additional nutrition
information, voluntarily, if the information complies
with the nutrition labeling requirements contained in
this subparagraph.
``(II) State or local requirements.--Nothing in
this clause precludes a State or political subdivision
of a State from requiring that a restaurant or similar
food establishment provide nutrition information in
addition to that required under this clause.
``(vi) Regulations.--
``(I) Proposed regulation.--Not later than 1 year
after the date of enactment of this clause, the
Secretary shall promulgate proposed regulations to
carry out this clause.
``(II) Contents.--The regulations shall allow for
the variations in serving sizes and in food preparation
that can reasonably be expected to result from
inadvertent human error, training of food service
workers, and other factors.
``(III) Final regulations.--Not later than 2 years
after the date of enactment of this clause, the
Secretary shall promulgate final regulations to
implement this clause.
``(IV) Failure to promulgate final regulations by
required date.--If the Secretary does not promulgate
final regulations under item (III) by the date that is
2 years after the date of enactment of this clause--
``(aa) the proposed regulations issued in
accordance with item (I) shall become effective
as the final regulations on the day after that
date; and
``(bb) the Secretary shall publish in the
Federal Register notice of the final
regulations.
``(I) Vending Machines.--
``(i) In general.--In the case of an article of food sold
from a vending machine that--
``(I) does not permit a prospective purchaser to
examine the article so as to be able to read a
statement affixed to the article before purchasing the
article; and
``(II) is operated by a person that is engaged in
the business of owning and operating 20 or more vending
machines;
the vending machine operator shall provide a conspicuous sign
in close proximity to the article that includes a statement
disclosing the number of calories contained in the article.
``(ii) Voluntary provision of nutrition information; state
regulation of nutrition information for vending machines.--
``(I) Vending machine operators.--Nothing in this
clause precludes a vending machine operator from
providing additional nutrition information,
voluntarily, if the information complies with the
nutrition labeling requirements contained in this
subparagraph.
``(II) State or local requirements.--Nothing in
this title precludes a State or political subdivision
of a State from requiring that a vending machine
operator provide nutrition information in addition to
that required under this clause.
``(iii) Regulations.--
``(I) Proposed regulation.--Not later than 1 year
after the date of enactment of this clause, the
Secretary shall promulgate proposed regulations to
carry out this clause.
``(II) Final regulations.--Not later than 2 years
after the date of enactment of this clause, the
Secretary shall promulgate final regulations to
implement this clause.
``(III) Failure to promulgate final regulations by
required date.--If the Secretary does not promulgate
final regulations under item (II) by the date that is 2
years after the date of enactment of this clause--
``(aa) the proposed regulations issued in
accordance with item (I) shall become effective
as the final regulations on the day after that
date; and
``(bb) the Secretary shall publish in the
Federal Register notice of the final
regulations.''. | Howard M. Metzenbaum Menu Education and Labeling Act or the MEAL Act - Amends the Federal Food, Drug and Cosmetic Act to require restaurants that are a part of a chain with 20 or more locations doing business under the same trade name to disclose: (1) in a statement adjacent to each menu item, the number of calories, grams of saturated fat plus trans fat, and milligrams of sodium in a standard food serving; (2) other information designed to enable the public to understand the significance of the nutrition information provided in the context of a total daily diet; (3) that such information shall be provided in writing upon request; and (4) in a statement adjacent to the name of the food on a menu board, the number of calories in a serving of the food. Exempts condiments, items placed on a table or counter for general use, daily specials, temporary menu items, and irregular menu items from these requirements.
Requires restaurants that sell self-serve food, such as through salad bars or buffet lines, to place a sign that lists the number of calories per standard serving adjacent to each food offered.
Permits retail food establishments to voluntarily provide, and states to require, additional nutritional information.
Requires vending machine operators to provide a conspicuous sign disclosing the number of calories in each item of food offered. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to extend the food labeling requirements of the Nutrition Labeling and Education Act of 1990 to enable customers to make informed choices about the nutritional content of standard menu items in large chain restaurants."} | 2,243 | 294 | 0.468198 | 1.429071 | 0.704401 | 3.862069 | 7.915709 | 0.942529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Equity for the Economic
Development of Low Income Areas Act of 2005''.
SEC. 2. EXPANSION OF NEW MARKETS VENTURE CAPITAL PROGRAM.
(a) Selection of Companies in Each Geographic Region.--Section 354
of the Small Business Investment Act of 1958 is amended by adding at
the end the following new subsection:
``(f) Geographic Requirement.--In selecting companies to
participate as New Markets Venture Capital companies in the program
established under this part, the Administrator shall select, to the
extent practicable, from among companies submitting applications under
subsection (b), at least one company from each geographic region of the
Small Business Administration.''
(b) Participation in New Markets Venture Capital Program.--
(1) Administration participation required.--Section 353 of
the Small Business Investment Act of 1958 (15 U.S.C. 689b) is
amended by striking ``under which the Administrator may'' and
inserting ``under which the Administrator shall''.
(2) Small manufacturer participation agreements required.--
Such section, as amended by paragraph (1), is further amended,
by inserting after ``section 352'' the following: ``(with at
least one such agreement to be with a company engaged primarily
in development of and investment in small manufacturers, to the
extent practicable)''.
(c) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the Small Business
Administration shall submit to Congress a report evaluating the success
of the expansion of the New Markets Venture Capital Program under this
section.
SEC. 3. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE CAPITAL.
(a) In General.--Title II of the Small Business Investment Act of
1958 (15 U.S.C. 671 et seq.) is amended by adding at the end the
following new section:
``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL.
``(a) Establishment.--There is hereby established in the Investment
Division of the Small Business Administration an office to be known as
the `Office of New Markets Venture Capital'.
``(b) Director.--The Office of New Markets Venture Capital shall be
headed by a Director who shall be appointed by the Administrator.
``(c) Responsibilities of Director.--Subject to the direction and
control of the Administrator, the responsibilities of the Director of
the Office of New Markets Venture Capital are as follows:
``(1) To administer the New Markets Venture Capital
Program.
``(2) To periodically assess the nature and scope of the
New Markets Venture Capital Program and to advise the
Administrator on recommended changes to the program based on
such assessment.
``(3) To work to expand the number of small business
concerns participating in the New Markets Venture Capital
Program.
``(4) To encourage investment in small manufacturing.
``(5) To perform such other duties relating to such
responsibilities as the Administrator may provide.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 to carry out this section.
SEC. 4. LOW-INCOME GEOGRAPHIC AREAS.
(a) Modification of Definition of Low-Income Geographic Area for
Purposes of New Markets Venture Capital Program.--
(1) In general.--Section 351(3)(A)(ii)(I) of the Small
Business Investment Act of 1958 (15 U.S.C. 689(3)(A)(ii)(I)) is
amended by striking ``50 percent'' and all that follows through
the end and inserting ``the median family income in that tract
does not exceed 80 percent of the greater of the statewide
median family income or the metropolitan area median family
income; or''.
(2) Application of amended definition to capital
requirement.--The definition of low-income geographic area in
section 351(3) of the Small Business Investment Act of 1958 (15
U.S.C. 689(3)), as amended by subsection (a), shall apply to
private capital raised under section 354(d)(1) of the Small
Business Investment Act of 1958 (15 U.S.C. 689c(d)(1)) before,
on, or after the effective date of the amendment made by
subsection (a).
(b) Study on Availability of Equity Capital.--
(1) Study required.--Before the expiration of the 180-day
period that begins on the date of the enactment of this Act,
the Chief Counsel for Advocacy of the Small Business
Administration shall conduct a study on the availability of
equity capital in low-income urban and rural areas.
(2) Report.--Not later than 90 days after the completion of
the study under paragraph (1) the Administrator shall submit to
Congress a report containing the findings of the study required
under paragraph (1) and any recommendations of the
Administrator based on such study.
SEC. 5. CONDITIONALLY APPROVED COMPANIES.
(a) Operational Assistance Grants to Conditionally Approved
Companies.--Section 358(a) of the Small Business Investment Act of 1958
(15 U.S.C. 689(a)) is amended by adding at the end the following new
paragraph:
``(6) Grants to conditionally approved companies.--
``(A) In general.--Subject to subparagraphs (A) and
(B), upon the request of a company conditionally-
approved under section 354(c), the Administrator shall
make a grant to the company under this subsection.
``(B) Repayment by companies not approved.--If a
company receives a grant under paragraph (6) and does
not enter into a participation agreement for final
approval, the company shall repay the amount of the
grant to the Administrator.
``(C) Deduction from grant to approved company.--If
a company receives a grant under paragraph (6) and
receives final approval under section 354(e), the
Administrator shall deduct the amount of the grant
under that paragraph from the total grant amount that
the company receives for operational assistance.
``(D) Amount of grant.--No company may receive a
grant of more than $50,000 under this paragraph.''.
(b) Limitation on Time for Final Approval.--Section 354(d) of the
Small Business Investment Act of 1958 (15 U.S.C. 689c(d)) is amended by
striking ``a period of time, not to exceed 2 years,'' and inserting ``2
years''.
SEC. 6. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM.
Not later than 60 days after the date of the enactment of this
section, the Administrator shall prescribe standard documents for final
New Markets Venture Capital Company approval application under section
354(e) of the Small Business Investment Act of 1958 (15 U.S.C.
689c(e)). The Administrator shall assure that the standard documents
shall be designed to substantially reduce the cost burden of the
application process on the companies involved.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Reauthorization of New Markets Venture Capital Program.--
Section 368(a) of the Small Business Investment Act of 1958 (15 U.S.C.
689q(a)) is amended--
(1) by striking ``fiscal years 2001 through 2006'' and
inserting ``fiscal years 2006 through 2008'';
(2) in paragraph (1), by striking ``$150,000,000'' and
inserting ``$100,000,000''; and
(3) in paragraph (2), by striking ``$30,000,000'' and
inserting ``$25,000,000''.
(b) Authorization for Manufacturing and Regional New Markets
Venture Capital Companies.--There is authorized to be appropriated
$1,000,000, to be available until expended, to carry out section 354(f)
of the Small Business Investment Act of 1958, as added by section 2,
and to enter into participation agreements with companies engaged
primarily in development of and investment in small manufacturers under
section 353(1) of such Act, as amended by section 2. | Securing Equity for the Economic Development of Low Income Areas Act of 2005 - Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA), in selecting companies to participate in the New Markets Venture Capital Program (Program), to select at least one company from each geographic region of the SBA. Requires (currently, authorizes) the Administrator to make grants to such companies to be used for loans to new-market small businesses, and to guarantee debentures issued by such companies.
Establishes the Office of New Markets Venture Capital, headed by a Director, to administer the Program.
Revises the definition of "low income geographic area" for Program eligibility purposes.
Requires a study by the SBA's Chief Counsel for Advocacy on the availability of equity capital in low-income urban and rural areas.
Authorizes operational assistance grants to conditionally approved companies. | {"src": "billsum_train", "title": "To amend the Small Business Investment Act of 1958 to reauthorize and expand the New Markets Venture Capital Program, and for other purposes."} | 1,843 | 202 | 0.603556 | 1.601042 | 0.776506 | 3.930636 | 9.092486 | 0.867052 |
SECTION 1. PROPER TAX TREATMENT OF CERTAIN FINANCIAL INDEBTEDNESS
DISCHARGED IN 2009 OR 2010.
(a) In General.--Section 108(a)(1) of the Internal Revenue Code of
1986 (relating to exclusion from gross income) is amended by striking
``or'' at the end of subparagraph (D), by striking the period at the
end of subparagraph (E) and inserting ``, or'' and by adding at the end
the following new subparagraph:
``(F) the indebtedness discharged is applicable
financial indebtedness which is discharged after
December 31, 2008, and before January 1, 2011.''.
(b) Applicable Financial Indebtedness.--Section 108 of such Code is
amended by adding at the end the following new subsection:
``(i) Definitions and Rules Relating to Applicable Financial
Indebtedness.--For purposes of subsection (a)(1)(F)--
``(1) Applicable financial indebtedness.--The term
`applicable financial indebtedness' means indebtedness--
``(A) which was originally issued by a corporation,
or by a partnership engaged in a trade or business
(other than a trade or business of trading in stocks or
securities for the partnership's own account), and
``(B) which is--
``(i) indebtedness originally issued or
syndicated by a financial institution (as
defined in section 582(c)(2) without regard to
subparagraph (C) thereof) or a depository
institution holding company (as defined in
section 3(w)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(w)(1)),
``(ii) indebtedness which--
``(I) constitutes a security within
the meaning of the Securities Act of
1933, and
``(II) was originally issued
pursuant to a registration statement
that was declared effective under such
Act or pursuant to an exemption from,
or in a transaction not subject to, the
registration requirements of such Act,
or
``(iii) indebtedness that is traded on an
established market (within the meaning of
section 1273(b)(3)).
``(2) Applicable discharges.--Subsection (a)(1)(F) shall
only apply to a discharge of applicable financial indebtedness
if such discharge is by reason of--
``(A) the acquisition of the indebtedness by the
issuer of the indebtedness,
``(B) the acquisition of the indebtedness of the
issuer by a person related, or who becomes related, to
the issuer of the indebtedness from a person who is not
related to the issuer, or
``(C) the significant modification of the
indebtedness (within the meaning of section 1001).
For purposes of subparagraph (B), the determination of whether
a person is related to another person shall be made in the same
manner as under subsection (e)(4).''.
(c) Coordination of Exclusions.--Section 108(a)(2) of such Code is
amended--
(1) by striking ``and (E)'' in subparagraph (A) and
inserting ``(E), and (F)'', and
(2) by adding at the end the following new subparagraph:
``(D) Financial indebtedness exclusion takes
precedence over insolvency exclusion unless elected
otherwise.--Paragraph (1)(B) shall not apply to a
discharge to which paragraph (1)(F) applies unless the
taxpayer elects to apply paragraph (1)(B) in lieu of
paragraph (1)(F).''.
(d) Earnings and Profits.--Section 312(l) of such Code is amended
by adding at the end the following new paragraph:
``(3) Discharge of certain financial indebtedness.--The
earnings and profits of a corporation shall not include income
from a discharge of indebtedness to which section 108(a)(1)(F)
applies.''.
(e) Other Special Rules.--
(1) Treatment as market discount bond.--For purposes of the
Internal Revenue Code of 1986, any indebtedness acquired in a
transaction described in section 108(i)(2)(B) of such Code (as
added by subsection (b)), or received pursuant to an exchange
arising from a transaction described in section 108(i)(2)(C) of
such Code (as so added), shall be treated as a market discount
bond (within the meaning of section 1278(a)(1) of such Code)
having market discount equal to the amount (if any) which, but
for section 108(a)(1)(F) of such Code (as added by subsection
(a)), would have been includible in gross income by reason of
the discharge of such indebtedness in any such transaction.
(2) Acquisitions by foreign persons.--Any interest (or
original issue discount) paid or accrued after December 31,
2008, and before January 1, 2011, on indebtedness which is
described in section 108(a)(1)(F) of such Code by reason of the
acquisition of such indebtedness by a foreign person or by a
partnership (or other pass-through entity) in which a foreign
person is a partner (or other profits or capital owner) shall
not be subject to sections 871(h)(3), 881(c)(3)(B) or
881(c)(3)(C) of such Code. | Amends the Internal Revenue Code to allow an exclusion from gross income for income attributable to the discharge of indebtedness relating to securities issued by certain financial entities and discharged after December 31, 2008, and before January 1, 2011. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 with respect to the proper tax treatment of certain indebtedness discharged in 2009 or 2010, and for other purposes."} | 1,284 | 52 | 0.586838 | 1.347524 | 0.575031 | 4.906977 | 23.55814 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Institutionalized Abuse Against
Children Act of 2005''.
SEC. 2. JUSTICE DEPARTMENT INVESTIGATIONS.
(a) In General.--In order to assure the safety and welfare of
American children residing in foreign-based institutions, the Attorney
General shall seek the cooperation of appropriate foreign authorities
in order to investigate such facilities or institutions periodically.
Such an investigation shall include a determination of the
institution's compliance with any local safety, health, sanitation and
educational laws and regulations, including all licensing requirements
applicable to the staff of the institution and compliance with this
section. The Attorney General shall seek the cooperation of appropriate
foreign authorities to remedy any threat to the safety or welfare of
those children, discovered through such an investigation.
(b) Rules and Enforcement.--(1) The Attorney General shall make
rules to protect the safety and wellbeing of American children who are
kept in a foreign based institution for purposes of behavior
modification.
(2) Whoever, being a United States citizen or national, or other
private entity organized under the laws of the United States or of any
State or political subdivision of the United States, violates a rule
made under this subsection shall be subject to a civil penalty not to
exceed $50,000.
(c) Definitions.--As used in this section--
(1) the term ``foreign-based institution'' means any
facility or institution--
(A) owned, operated, or managed by a United States
citizen or other private entity organized under the
laws of the United States; and
(B) for persons, including persons who are residing
in such facility or institution, for purposes of
receiving care or treatment or behavior modification;
and
(2) the term ``American children'' means American citizens
or nationals 18 years of age or younger.
SEC. 3. AMENDMENTS TO DEPARTMENT OF STATE'S COUNTRY REPORTS ON HUMAN
RIGHTS PRACTICES.
(a) Part I of Foreign Assistance Act of 1961.--Section 116 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding
at the end the following new subsection:
``(g)(1) The report required by subsection (d) shall include,
wherever applicable, a description of the nature and extent of child
abuse or human rights violations against persons who are 18 years of
age or younger at institutions described in paragraph (2) that are
located in each foreign country.
``(2) An institution referred to in paragraph (1) is a facility or
institution--
``(A) owned, operated, or managed by a United States
citizen or other private entity organized under the laws of the
United States; and
``(B) for persons, including persons who are residing in
such facility or institution, for purposes of receiving care or
treatment or behavior modification.''.
(b) Part II of Foreign Assistance Act of 1961.--Section 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended by adding at
the end the following new subsection:
``(i)(1) The report required by subsection (b) shall include,
wherever applicable, a description of the nature and extent of child
abuse or human rights violations against persons who are 18 years of
age or younger at institutions described in paragraph (2) that are
located in each foreign country.
``(2) An institution referred to in paragraph (1) is a facility or
institution--
``(A) owned, operated, or managed by a United States
citizen or other private entity organized under the laws of the
United States; and
``(B) for persons, including persons who are residing in
such facility or institution, for purposes of receiving care or
treatment or behavior modification.''.
SEC. 4. GRANTS TO SUPPORT INSPECTIONS OF CHILD RESIDENTIAL TREATMENT
FACILITIES.
(a) In General.--The Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 et seq.) is amended by adding at the end the following new
title:
``TITLE III--GRANTS TO STATES TO SUPPORT INSPECTIONS OF CHILD
RESIDENTIAL TREATMENT FACILITIES
``SEC. 301. GRANTS TO STATES.
``The Secretary is authorized to make grants to States to support
inspections of child residential treatment facilities.
``SEC. 302. APPLICATION.
``The Secretary may not make a grant to a State under section 301
unless the State submits to the Secretary an application for the grant
at such time, in such form and manner, and containing such information
as the Secretary may reasonably require.
``SEC. 303. ELIGIBILITY.
``(a) In General.--The Secretary may not make a grant to a State
under section 301 unless the State has in effect laws to require the
licensing of child residential treatment facilities in accordance with
the requirements of subsection (b) and the State is enforcing such
State laws in accordance with the requirements of subsection (c).
``(b) Licensing Requirements.--The licensing requirements referred
to in subsection (a) are the following:
``(1) The State requires any person who operates a child
residential treatment facility to be issued a license for the
operation of the facility, and the license is in effect.
``(2) The facility meets applicable standards of the State
for the provision of treatment services for children with
emotional, psychological, developmental, or behavioral
dysfunctions, impairments, or chemical dependencies.
``(3) In the case of each child who is a resident of the
facility and whose domicile is another State, the facility
meets the standards of such other State for the operation of
such a facility, including any licensing standards.
``(4) With respect to State law that prohibits the physical
or mental abuse of children and the neglect of children, the
law of the State in which the facility is located applies to
the facility standards for the care of children who are
residents of the facility, including enforcement standards,
that are equivalent to the standards applied by the State to
parents or legal guardians.
``(5) The State requires periodic, unannounced inspections
of the facility to determine compliance with applicable law,
including law regarding the licensing of health professionals
and law regarding the standards referred to in paragraph (4).
``(c) Enforcement Requirements.--The enforcement requirements
referred to in subsection (a) are the following:
``(1) In general.--
``(A) Civil penalty.--A person who operates a child
residential treatment facility in violation of the
requirements under subsection (b) is subject to a civil
penalty of $250 per day until the violation is
corrected, except that the number of days for which the
penalty is assessed may not exceed 60 days.
``(B) Order to terminate operations.--With respect
to a violation of the requirements under subsection
(b), if a civil penalty under subparagraph (A) for the
violation is assessed for 60 days, the State orders
that the child residential treatment facility involved
terminate all operations.
``(2) Abuse or neglect.--
``(A) Civil penalty.--If a child residential
treatment facility engages in the abuse or neglect of a
child who is a resident of the facility, each person
who owns or operates the facility, and each of the
officers, employees, or contractors thereof who engaged
in the abuse or neglect, is subject to a civil penalty
for each such violation in an amount determined by the
State, but not less than $20,000 for all violations
adjudicated in a single proceeding.
``(B) Criminal penalty.--If a child residential
treatment facility engages in the abuse or neglect of a
child who is a resident of the facility, each person
who owns or operates the facility, and each of the
officers, employees, or contractors thereof who engaged
in the abuse or neglect, shall be fined in accordance
with title 18, United States Code, or imprisoned not
more than five years, or both.
``(C) Abuse or neglect.--For purposes of
subparagraphs (A) and (B), the term `abuse or neglect',
with respect to a child, means a knowing act or
omission that the officer, employee, or contractor
involved knows or should know will result in death,
serious physical or emotional harm, sexual abuse or
exploitation, or will present an imminent risk of
serious harm.
``SEC. 304. USE OF FUNDS.
``A State that receives a grant under section 301 shall use amounts
under the grant to--
``(1) hire and train individuals who have appropriate
expertise in the health profession, including the mental health
profession, to carry out periodic, unannounced inspections of
child residential treatment facilities in accordance with
section 303(b)(5); and
``(2) collect and maintain data from the inspections of
such child residential treatment facilities to be included in
the report required by section 306.
``SEC. 305. MAINTENANCE OF EFFORT.
``A State that receives a grant under section 301 shall use amounts
under the grant only to supplement the level of non-Federal funds that,
in the absence of amounts under the grant, would be expended for
activities authorized under the grant, and not to supplant those non-
Federal funds.
``SEC. 306. REPORT.
``The Secretary may not make a grant to a State under section 301
unless the State agrees that it will submit to the Secretary for each
fiscal year for which it receives a grant under such section a report
that contains such information as the Secretary may reasonably require,
including a detailed description of the number of child residential
treatment facilities located in the State, the number of children
residing at such facilities, the State domicile of each child prior to
entry at such a facility, and the age, gender, and disability (if any)
of each child at such a facility.
``SEC. 307. DEFINITIONS.
``In this title:
``(1) Child.--The term `child' means an individual 18 years
of age or younger.
``(2) Child residential treatment facility; facility.--The
term `child residential treatment facility' or `facility' means
a facility that--
``(A) provides a 24-hour group living environment
for one or more children who are unrelated to the owner
or operator of the facility; and
``(B) offers for the children room or board and
specialized treatment, behavior modification,
rehabilitation, discipline, emotional growth or
rehabilitation services for youths with emotional,
psychological, developmental, or behavioral
dysfunctions, impairments, or chemical dependencies.
``(3) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(4) State.--The term `State' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$50,000,000 for each of the fiscal years 2006 and 2007.''.
(b) Clerical Amendment.--The table of contents of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 note) is amended by adding
at the end the following:
``TITLE III--GRANTS TO STATES TO SUPPORT INSPECTIONS OF CHILD
RESIDENTIAL TREATMENT FACILITIES
``Sec. 301. Grants to States.
``Sec. 302. Application.
``Sec. 303. Eligibility.
``Sec. 304. Use of funds.
``Sec. 305. Maintenance of effort.
``Sec. 306. Report.
``Sec. 307. Definitions.
``Sec. 308. Authorization of appropriations.''. | End Institutionalized Abuse Against Children Act of 2005 - Sets forth protections for the safety and welfare of children in foreign-based or domestic residential treatment facilities or institutions.
Directs the Attorney General to: (1) seek the cooperation of appropriate foreign authorities periodically to investigate such institutions in a foreign country operated or managed by U.S. citizens or other private entities organized under U.S. laws (foreign-based institutions); and (2) make rules to protect children who are U.S. citizens or nationals and who are kept in foreign-based institutions for behavior modification. Sets forth civil penalties for U.S. citizens or such private entities who violate such rules.
Amends the Foreign Assistance Act of 1961 to require country reports on human rights practices to include descriptions of child abuse or human rights violations against any children at foreign-based institutions.
Amends the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to make grants to States to support inspections of child residential treatment facilities. Conditions such grants on State adoption and enforcement of laws with licensing requirements for such institutions, including certain criminal and civil penalties, set forth in this Act. | {"src": "billsum_train", "title": "To assure the safety of American children in foreign-based and domestic institutions, and for other purposes."} | 2,652 | 243 | 0.652398 | 1.936317 | 0.826741 | 2.776256 | 11.146119 | 0.885845 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Cybersecurity Workforce
Assessment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Armed Services in the House of
Representatives;
(D) the Committee on Homeland Security of the House
of Representatives; and
(E) the Committee on Oversight and Government
Reform of House of Representatives.
(2) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(3) Roles.--The term ``roles'' has the meaning given the
term in the National Initiative for Cybersecurity Education's
Cybersecurity Workforce Framework.
SEC. 3. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT INITIATIVE.
(a) In General.--The head of each Federal agency shall--
(1) identify all positions within the agency that require
the performance of information technology, cybersecurity, or
other cyber-related functions; and
(2) assign the corresponding employment code, which shall
be added to the National Initiative for Cybersecurity
Education's National Cybersecurity Workforce Framework, in
accordance with subsection (b).
(b) Employment Codes.--
(1) Procedures.--
(A) Coding structure.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of Commerce, acting through the National
Institute of Standards and Technology, shall update the
National Initiative for Cybersecurity Education's
Cybersecurity Workforce Framework to include a
corresponding coding structure.
(B) Identification of civilian cyber personnel.--
Not later than 9 months after the date of enactment of
this Act, the Director, in coordination with the
Director of National Intelligence, shall establish
procedures to implement the National Initiative for
Cybersecurity Education's coding structure to identify
all Federal civilian positions that require the
performance of information technology, cybersecurity,
or other cyber-related functions.
(C) Identification of non-civilian cyber
personnel.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Defense shall
establish procedures to implement the National
Initiative for Cybersecurity Education's coding
structure to identify all Federal non-civilian
positions that require the performance of information
technology, cybersecurity or other cyber-related
functions.
(D) Baseline assessment of existing cybersecurity
workforce.--Not later than 3 months after the date on
which the procedures are developed under subparagraphs
(B) and (C), respectively, the head of each Federal
agency shall submit to the appropriate congressional
committees of jurisdiction a report that identifies--
(i) the percentage of personnel with
information technology, cybersecurity, or other
cyber-related job functions who currently hold
the appropriate industry-recognized
certifications as identified in the National
Initiative for Cybersecurity Education's
Cybersecurity Workforce Framework;
(ii) the level of preparedness of other
civilian and non-civilian cyber personnel
without existing credentials to pass
certification exams; and
(iii) a strategy for mitigating any gaps
identified in clause (i) or (ii) with the
appropriate training and certification for
existing personnel.
(E) Procedures for assigning codes.--Not later than
3 months after the date on which the procedures are
developed under subparagraphs (B) and (C),
respectively, the head of each Federal agency shall
establish procedures--
(i) to identify all encumbered and vacant
positions with information technology,
cybersecurity, or other cyber-related functions
(as defined in the National Initiative for
Cybersecurity Education's coding structure);
and
(ii) to assign the appropriate employment
code to each such position, using agreed
standards and definitions.
(2) Code assignments.--Not later than 1 year after the date
after the procedures are established under paragraph (1)(E),
the head of each Federal agency shall complete assignment of
the appropriate employment code to each position within the
agency with information technology, cybersecurity, or other
cyber-related functions.
(c) Progress Report.--Not later than 180 days after the date of
enactment of this Act, the Director shall submit a progress report on
the implementation of this section to the appropriate congressional
committees.
SEC. 4. IDENTIFICATION OF CYBER-RELATED ROLES OF CRITICAL NEED.
(a) In General.--Beginning not later than 1 year after the date on
which the employment codes are assigned to employees pursuant to
section 3(b)(2), and annually through 2022, the head of each Federal
agency, in consultation with the Director and the Secretary of Homeland
Security, shall--
(1) identify information technology, cybersecurity, or
other cyber-related roles of critical need in the agency's
workforce; and
(2) submit a report to the Director that--
(A) describes the information technology,
cybersecurity, or other cyber-related roles identified
under paragraph (1); and
(B) substantiates the critical need designations.
(b) Guidance.--The Director shall provide Federal agencies with
timely guidance for identifying information technology, cybersecurity,
or other cyber-related roles of critical need, including--
(1) current information technology, cybersecurity, and
other cyber-related roles with acute skill shortages; and
(2) information technology, cybersecurity, or other cyber-
related roles with emerging skill shortages.
(c) Cybersecurity Needs Report.--Not later than 2 years after the
date of the enactment of this Act, the Director, in consultation with
the Secretary of Homeland Security, shall--
(1) identify critical needs for information technology,
cybersecurity, or other cyber-related workforce across all
Federal agencies; and
(2) submit a progress report on the implementation of this
section to the appropriate congressional committees.
SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS.
The Comptroller General of the United States shall--
(1) analyze and monitor the implementation of sections 3
and 4; and
(2) not later than 3 years after the date of the enactment
of this Act, submit a report to the appropriate congressional
committees that describes the status of such implementation. | Federal Cybersecurity Workforce Assessment ActThis bill requires federal agencies to: (1) identify all personnel positions that require the performance of information technology, cybersecurity, or other cyber-related functions; and (2) assign a corresponding employment code to such positions using a coding structure that the National Institute of Standards and Technology must include in the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework.To implement the coding structure: (1) the Office of Personnel Management (OPM) must coordinate with the Director of National Intelligence to establish procedures to identify such federal civilian positions, and (2) the Department of Defense must establish procedures to identify such federal noncivilian positions. Federal agencies must submit to Congress a report identifying: (1) the percentage of personnel with such job functions who currently hold industry-recognized certifications, (2) the preparedness of other civilian and noncivilian cyber personnel without existing credentials to pass certification exams, and (3) a strategy for mitigating any identified gaps with training and certification for existing personnel. The agencies must establish procedures to identify all encumbered and vacant positions with such functions and assign the appropriate employment code to each position.Annually through 2022, the agencies must submit a report to the OPM that identifies cyber-related roles designated as critical needs in the agency's workforce. The OPM must provide agencies with guidance for identifying roles with acute and emerging skill shortages. The OPM, within two years after enactment of this Act, must identify critical needs for the cyber workforce across all federal agencies and report to Congress regarding the implementation of this Act. | {"src": "billsum_train", "title": "Federal Cybersecurity Workforce Assessment Act"} | 1,377 | 340 | 0.678524 | 2.194391 | 0.866092 | 3.065789 | 4.174342 | 0.907895 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border Security,
Cooperation, and Act Now Drug War Prevention Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--GENERAL PROVISIONS
Sec. 101. Emergency deployment of United States Border Patrol agents.
Sec. 102. Emergency deployment of DEA agents.
Sec. 103. Emergency deployment of ATF agents.
Sec. 104. Elimination of fixed deployment of United States Border
Patrol agents.
Sec. 105. Helicopters and power boats.
Sec. 106. Control of United State Border Patrol assets.
Sec. 107. Motor vehicles.
Sec. 108. Portable computers.
Sec. 109. Radio communications.
Sec. 110. Hand-held global positioning system devices.
Sec. 111. Night vision equipment.
Sec. 112. Border armor.
Sec. 113. Weapons.
Sec. 114. Uniforms.
Sec. 115. Task force.
TITLE II--BORDER RELIEF
Sec. 201. Border relief grant program.
Sec. 202. Authorization of appropriations.
Sec. 203. Enforcement of Federal immigration law.
Sec. 204. Regulations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2008, the violence between Mexican drug gangs
fighting for trafficking routes to the United States killed
approximately 6,000 people in Mexico, including more than 500
police officers and soldiers.
(2) In the first eight weeks of 2009, more than 1,000
people were killed as a result of the drug war.
(3) In March 2009, Mexico sent an additional 3,200 soldiers
to the border, increasing the total number of Mexican solders
combating drug cartels to more than 45,000.
(4) Over 200 United States citizens have been killed in the
drug war, either because they were involved in the cartels or
were innocent bystanders.
(5) The drug trade in Mexico include marijuana, heroin,
cocaine, and methamphetamine (meth).
(6) Mexico is the conduit for most of the cocaine--
approximately 90 percent--in the United States, the source for
much of the heroin consumed in this country, and the largest
foreign supplier of marijuana and meth to other markets.
(7) Estimates indicate a vast majority of the cocaine
available in the United States market is smuggled by Mexican
cartels across the United States-Mexico border.
(8) Cartels are becoming increasingly involved in the
trafficking of meth because of the large profit margins they
obtain from controlling the drug from manufacture to
distribution.
(9) The drug cartels have criminal earnings in excess of
$25 billion per year and physically send more than $10 billion
a year in bulk cash back into Mexico from the United States.
(10) According to the 2009 National Drug Threat Assessment,
Mexican drug trafficking organizations are the greatest drug
trafficking threat to the United States.
(11) Mexico's cartels have existed for some time, but have
become increasingly powerful in recent years with the demise of
once powerful cartels in Colombia and the closure of
trafficking routes through Florida.
(12) The Colombian cartels still play a role in the United
States drug trade.
(13) The Drug Enforcement Administration (DEA) maintains
that the Mexican cartels now command and control the drug trade
and show the hallmarks of organized crime, such as organizing
into distinct cells with subordinate cells, including gangs,
which operate throughout the United States.
(14) Mexican cartels control drug distribution in most
United States cities, and they are gaining strength in markets
that they do not yet control. The 2009 National Drug Threat
Assessment indicates that Mexican cartels maintain drug
distribution networks or supply drugs to distributors in at
least 230 United States cities, including in Alaska and Hawaii.
(15) The Federal Government provides States and local
governments with assistance in covering the costs related to
the fight against the drug cartels and the prosecution of such
drug cases, local law enforcement along the border is in need
of assistance in covering expenses. Local law enforcement uses
its limited resources to combat drug trafficking, human
smuggling, kidnappings, the destruction of private property,
and other border security related crimes. The United States
shares 1,989 miles along its border with Mexico. Federal
assistance is required to help local law enforcement.
TITLE I--GENERAL PROVISIONS
SEC. 101. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS.
(a) In General.--If the Governor of a State on an international
border of the United States declares an international border security
emergency, including actions involving Mexican drug gangs fighting for
trafficking routes involved in violent drug wars, and requests
additional United States Border Patrol agents from the Secretary of
Homeland Security, the Secretary is authorized, subject to subsections
(b) and (c), to provide the State with up to 500 additional United
States Border Patrol agents for the purpose of patrolling and defending
the international border in order to prevent individuals from crossing
the international border and entering the United States at any location
other than an authorized port of entry.
(b) Consultation.--The Secretary of Homeland Security shall consult
with the President upon receipt of a request under subsection (a), and
shall grant such request to the extent that providing the requested
assistance will not significantly impair the Department of Homeland
Security's ability to provide border security for any other State.
(c) Collective Bargaining.--Emergency deployments under this
section shall be made in accordance with all collective bargaining
agreements and obligations.
SEC. 102. EMERGENCY DEPLOYMENT OF DEA AGENTS.
(a) In General.--If the Governor of a State on an international
border of the United States declares an international border security
emergency and requests additional Drug Enforcement Administration (DEA)
agents from the Attorney General, the Attorney General is authorized,
subject to subsections (b) and (c), to provide the State with up to 500
additional DEA agents for the purpose of combating the inflow of drugs
along trafficking routes to the United States.
(b) Consultation.--The Attorney General shall consult with the
President upon receipt of a request under subsection (a), and shall
grant such request to the extent that providing the requested
assistance will not significantly impair the Attorney General's ability
to provide DEA agents for any other State.
(c) Collective Bargaining.--Emergency deployments under this
section shall be made in accordance with all collective bargaining
agreements and obligations.
SEC. 103. EMERGENCY DEPLOYMENT OF ATF AGENTS.
(a) In General.--If the Governor of a State on an international
border of the United States declares an international border security
emergency and requests additional Bureau of Alcohol, Tobacco, Firearms,
and Explosives (ATF) agents from the Attorney General, the Attorney
General is authorized, subject to subsections (b) and (c), to provide
the State with up to 500 additional ATF agents for the purpose of
combating the inflow of firearms, explosives, alcohol, and tobacco
along smuggling routes to the United States.
(b) Consultation.--The Attorney General shall consult with the
President upon receipt of a request under subsection (a), and shall
grant such request to the extent that providing the requested
assistance will not significantly impair the Attorney General's ability
to provide ATF agents for any other State.
(c) Collective Bargaining.--Emergency deployments under this
section shall be made in accordance with all collective bargaining
agreements and obligations.
SEC. 104. ELIMINATION OF FIXED DEPLOYMENT OF UNITED STATES BORDER
PATROL AGENTS.
The Secretary of Homeland Security shall ensure that no United
States Border Patrol agent is precluded from performing patrol duties
and apprehending violators of law, except in unusual circumstances
where the temporary use of fixed deployment positions is necessary.
SEC. 105. HELICOPTERS AND POWER BOATS.
(a) In General.--The Secretary of Homeland Security shall increase
by not fewer than 100 the number of United States Border Patrol
helicopters, and shall increase by not fewer than 250 the number of
United States Border Patrol power boats. The Secretary of Homeland
Security shall ensure that appropriate types of helicopters are
procured for the various missions being performed. The Secretary of
Homeland Security also shall ensure that the types of power boats that
are procured are appropriate for both the waterways in which they are
used and the mission requirements.
(b) Use and Training.--The Secretary of Homeland Security shall
establish an overall policy on how the helicopters and power boats
described in subsection (a) will be used and implement training
programs for the agents who use them, including safe operating
procedures and rescue operations.
SEC. 106. CONTROL OF UNITED STATES BORDER PATROL ASSETS.
The United States Border Patrol shall have complete and exclusive
administrative and operational control over all the assets utilized in
carrying out its mission, including, aircraft, watercraft, vehicles,
detention space, transportation, and all of the personnel associated
with such assets.
SEC. 107. MOTOR VEHICLES.
The Secretary of Homeland Security shall establish a fleet of motor
vehicles appropriate for use by the United States Border Patrol that
will permit a ratio of at least one police-type vehicle per every three
United States Border Patrol agents. Additionally, the Secretary of
Homeland Security shall ensure that there are sufficient numbers and
types of other motor vehicles to support the mission of the United
States Border Patrol. All vehicles will be chosen on the basis of
appropriateness for use by the United States Border Patrol, and each
vehicle shall have a ``panic button'' and a global positioning system
device that is activated solely in emergency situations for the purpose
of tracking the location of an agent in distress. The police-type
vehicles shall be replaced at least every three years.
SEC. 108. PORTABLE COMPUTERS.
The Secretary of Homeland Security shall ensure that each police-
type motor vehicle in the fleet of the United States Border Patrol is
equipped with a portable computer with access to all necessary law
enforcement databases and otherwise suited to the unique operational
requirements of the United States Border Patrol.
SEC. 109. RADIO COMMUNICATIONS.
The Secretary of Homeland Security shall augment the existing radio
communications system so all law enforcement personnel working in every
area where United States Border Patrol operations are conducted have
clear and encrypted two-way radio communication capabilities at all
times. Each portable communications device shall be equipped with a
``panic button'' and a global positioning system device that is
activated solely in emergency situations for the purpose of tracking
the location of the agent in distress.
SEC. 110. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES.
The Secretary of Homeland Security shall ensure that each United
States Border Patrol agent is issued a state-of-the-art hand-held
global positioning system device for navigational purposes.
SEC. 111. NIGHT VISION EQUIPMENT.
The Secretary of Homeland Security shall ensure that sufficient
quantities of state-of-the-art night vision equipment are procured and
maintained to enable each United States Border Patrol agent working
during the hours of darkness to be equipped with a portable night
vision device.
SEC. 112. BORDER ARMOR.
The Secretary of Homeland Security shall ensure that every United
States Border Patrol agent is issued high-quality body armor that is
appropriate for the climate and risks faced by the individual officer.
Each officer shall be allowed to select from among a variety of
approved brands and styles. Officers shall be strongly encouraged, but
not mandated, to wear such body armor whenever practicable. All body
armor shall be replaced at least every five years.
SEC. 113. WEAPONS.
The Secretary of Homeland Security shall ensure that United States
Border Patrol agents are equipped with weapons that are reliable and
effective to protect themselves, their fellow officers, and innocent
third parties from the threats posed by armed criminals. In addition,
the Secretary shall ensure that the policies of the Department of
Homeland Security allow all such officers to carry weapons that are
suited to the potential threats that they face.
SEC. 114. UNIFORMS.
The Secretary of Homeland Security shall ensure that all United
States Border Patrol agents are provided with all necessary uniform
items, including outerwear suited to the climate, footwear, belts,
holsters, and personal protective equipment, at no cost to such agents.
Such items shall be replaced at no cost to such agents as they become
worn, unserviceable, or no longer fit properly.
SEC. 115. TASK FORCE.
(a) In General.--There is established a task force to be known as
the ATF, DEA, and Border Patrol Task Force. The task force shall be
composed of members appointed by the President from among
representatives of the United States Border Patrol, the Drug
Enforcement Administration, and the Bureau of Alcohol, Tobacco,
Firearms, and Explosives. There shall be an equal number of
representatives from each agency.
(b) Duties.--The task force shall meet not less than once per month
during a two-year period in order to monitor and report to the Congress
and to the President on the trade and sale of drugs, alcohol, tobacco,
firearms, and explosives along the borders of the United States. Twice
a year during such period, the task force shall submit a report to the
Committee on the Judiciary and the Committee on Homeland Security of
the United States House of Representatives and the Committee on the
Judiciary and the Committee on Homeland Security and Governmental
Affairs of the Senate.
(c) Termination.--The task force shall terminate upon the
expiration of the two-year period beginning on the date of the
appointment of the last member appointed under this section.
TITLE II--BORDER RELIEF
SEC. 201. BORDER RELIEF GRANT PROGRAM.
(a) In General.--From amounts made available under section 202, the
Attorney General may make border security grants to--
(1) sheriffs' offices of counties any part of which is
within 25 miles of the southern border of the United States;
and
(2) police departments serving a city, town, or other
political subdivision in a county any part of which is within
25 miles of the southern border of the United States (including
tribal police departments serving a community any part of which
is within 25 miles of such border).
(b) Use of Funds.--
(1) In general.--Grant funds received under subsection (a)
may be used for the following activities:
(A) To conduct law enforcement operations to
enforce criminal laws, prevent and punish criminal
activity, and protect the lives, property, and security
of the people within the jurisdiction of the grant
recipient.
(B) To transfer to appropriate Federal law
enforcement officials aliens unlawfully present in the
United States who detained or in the custody of the
grant recipient.
(C) To enforce State and Federal laws relating to
securing the border and enforce other State and Federal
criminal laws.
(2) Payment of costs.--Use of funds under paragraph (1)
shall include payment for costs of--
(A) hiring, equipping, training, and otherwise
controlling the operations and deployment of law
enforcement officials engaged in duties described in
paragraph (1), as well as the costs of paying overtime
to such officials.
(c) Application.--
(1) In general.--Each eligible law enforcement agency
seeking a grant under this section shall submit to the Attorney
General an application at such time, in such manner, and
accompanied by such information as the Attorney General may
require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought; and
(B) provide such additional assurances as the
Attorney General determines to be essential to ensure
compliance with the requirements of this section.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Attorney General to
carry out this title $150,000,000 for fiscal year 2011 and each
succeeding fiscal year.
SEC. 203. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
Nothing in this title shall be construed to authorize State or
local law enforcement agencies or their officers to exercise Federal
immigration law enforcement authority.
SEC. 204. REGULATIONS.
Not later than 90 days after the date of the enactment of this
title, the Attorney General shall issue regulations to carry out this
title. | Border Security, Cooperation, and Act Now Drug War Prevention Act of 2011 - Authorizes the Secretary of Homeland Security (DHS) and the Attorney General to provide to a state on a U.S. border up to 500 additional U.S. Border Patrol agents, Drug Enforcement Administration (DEA) agents, and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) agents to patrol and defend the border, combat drug trafficking, and combat smuggling of firearms, explosives, alcohol, and tobacco if the state's governor declares an international border security emergency and requests such agents.
Directs the Secretary to: (1) increase the number of U.S. Border Patrol helicopters and power boats; (2) establish a fleet of motor vehicles appropriate for use by the Border Patrol; (3) equip such motor vehicles with portable computers with access to law enforcement databases; (4) augment existing radio communication systems in areas in which the Border Patrol operates; and (5) provide Border Patrol agents with global positioning system devices, night vision equipment, high-quality body armor, reliable and effective weapons, and uniforms. Establishes the ATF, DEA, and Border Patrol Task Force to monitor and report to Congress and the President on the trade and sale of drugs, alcohol, tobacco, firearms, and explosives along U.S. borders.
Authorizes the Attorney General to make border security grants to sheriffs' offices and police departments in counties within 25 miles of the southern U.S. border. | {"src": "billsum_train", "title": "To provide for emergency deployments of United States Border Patrol agents and to increase the number of DEA and ATF agents along the international border of the United States to increase resources to identify and eliminate illicit sources of firearms into Mexico for use by violent drug trafficking organizations and for other lawful activities, and for other purposes."} | 3,644 | 324 | 0.484749 | 1.436962 | 0.72141 | 4.291815 | 11.989324 | 0.939502 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maximum Economic Growth for America
Through the Highway Trust Fund Act'' or the ``MEGA Trust Act''.
SEC. 2. ALL ALCOHOL FUELS TAXES TRANSFERRED TO HIGHWAY TRUST FUND.
(a) In General.--Section 9503(b)(4) of the Internal Revenue Code of
1986 (relating to certain taxes not transferred to Highway Trust Fund)
is amended--
(1) by adding ``or'' at the end of subparagraph (C),
(2) by striking the comma at the end of subparagraph
(D)(iii) and inserting a period, and
(3) by striking subparagraphs (E) and (F).
(b) Effective Date.--The amendments made by this section shall
apply to taxes received in the Treasury after September 30, 2003.
SEC. 3. GENERAL FUND TRANSFER TO HIGHWAY TRUST FUND OF AMOUNT EQUAL TO
UNTAXED PORTION OF GASOHOL CONTAINING ETHANOL.
(a) In General.--Section 9503(b) of the Internal Revenue Code of
1986 (relating to transfer to Highway Trust Fund of amounts equivalent
to certain taxes) is amended--
(1) by redesignating paragraph (5) as paragraph (6),
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) General revenue transfer equal to untaxed portion of
gasohol containing ethanol.--There are hereby appropriated to
the Highway Trust Fund with respect to any qualified alcohol
mixture described in section 4081(c)(4)(A)(i), amounts
equivalent to the excess of the rate of tax which would (but
for section 4081(c)) be determined under section 4081(a) over
the alcohol mixture rate determined under section
4081(c)(4)(A)(i) and imposed on such mixture, as determined by
the Secretary, after consultation with the Secretary of
Transportation. Such amounts shall be appropriated and
transferred from the general fund in the manner in which taxes
determined under section 4081(a) would have been transferred by
the Secretary of the Treasury and such amounts shall be treated
as taxes received in the Treasury under such section.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the removal or entry of any mixture after
September 30, 2003.
SEC. 4. INTEREST CREDITED TO HIGHWAY TRUST FUND.
(a) In General.--Section 9503 of the Internal Revenue Code of 1986
(relating to Highway Trust Fund) is amended by striking subsection (f).
(b) Effective Date.--The amendment made by this section shall apply
with respect to obligations held by the Highway Trust Fund after
September 30, 2003.
SEC. 5. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND.
(a) Extension of Taxes.--
(1) In general.--The following provisions of the Internal
Revenue Code of 1986 are each amended by striking ``2005'' each
place it appears and inserting ``2011'':
(A) Section 4041(a)(1)(C)(iii)(I) (relating to rate
of tax on certain buses).
(B) Section 4041(a)(2)(B) (relating to rate of tax
on special motor fuels).
(C) Section 4041(m)(1)(A) (relating to certain
alcohol fuels).
(D) Section 4051(c) (relating to termination of tax
on heavy trucks and trailers).
(E) Section 4071(d) (relating to termination of tax
on tires).
(F) Section 4081(d)(1) (relating to termination of
tax on gasoline, diesel fuel, and kerosene).
(G) Section 4481(e) (relating to period tax in
effect).
(H) Section 4482(c)(4) (relating to taxable
period).
(I) Section 4482(d) (relating to special rule for
taxable period in which termination date occurs).
(2) Floor stocks refunds.--Section 6412(a)(1) of such Code
(relating to floor stocks refunds) is amended--
(A) by striking ``2005'' each place it appears and
inserting ``2011'', and
(B) by striking ``2006'' each place it appears and
inserting ``2012''.
(b) Extension of Certain Exemptions.--The following provisions of
the Internal Revenue Code of 1986 are each amended by striking ``2005''
and inserting ``2011'':
(1) Section 4221(a) (relating to certain tax-free sales).
(2) Section 4483(g) (relating to termination of exemptions
for highway use tax).
(c) Extension of Deposits Into, and Certain Transfers From, Trust
Fund.--
(1) In general.--Subsection (b), and paragraphs (2) and (3)
of subsection (c), of section 9503 of the Internal Revenue Code
of 1986 (relating to the Highway Trust Fund) are each amended--
(A) by striking ``2005'' each place it appears and
inserting ``2011'', and
(B) by striking ``2006'' each place it appears and
inserting ``2012''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (4)(A)(i) and (5)(A) of
section 9503(c) of such Code are each amended by
striking ``2005'' and inserting ``2011''.
(B) Conforming amendments to land and water
conservation fund.--Section 201(b) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
11(b)) is amended--
(i) by striking ``2003'' and inserting
``2009'', and
(ii) by striking ``2004'' each place it
appears and inserting ``2010''.
SEC. 6. NATIONAL SURFACE TRANSPORTATION INFRASTRUCTURE FINANCING
COMMISSION.
(a) Establishment.--There is established a National Surface
Transportation Infrastructure Financing Commission (in this section
referred to as the ``Commission''). The Commission shall hold its first
meeting within 90 days of the appointment of the eighth individual to
be named to the Commission.
(b) Function.--
(1) In general.--The Commission shall--
(A) make a thorough investigation and study of
revenues flowing into the Highway Trust Fund under
current law, including the individual components of the
overall flow of such revenues;
(B) consider whether the amount of such revenues is
likely to increase, decline, or remain unchanged,
absent changes in the law, particularly by taking into
account the impact of possible changes in public
vehicular choice, fuel use, or travel alternatives that
could be expected to reduce or increase revenues into
the Highway Trust Fund;
(C) consider alternative approaches to generating
revenues for the Highway Trust Fund, and the level of
revenues that such alternatives would yield;
(D) consider highway and transit needs and whether
additional revenues into the Highway Trust Fund, or
other Federal revenues dedicated to highway and transit
infrastructure, would be required in order to meet such
needs; and
(E) study such other matters closely related to the
subjects described in the preceding subparagraphs as it
may deem appropriate.
(2) Time frame of investigation and study.--The time frame
to be considered by the Commission shall extend through the
year 2015, to the extent data is reasonably available.
(3) Preparation of report.--Based on such investigation and
study, the Commission shall develop a final report, with
recommendations and the bases for those recommendations,
indicating policies that should be adopted, or not adopted, to
achieve various levels of annual revenue for the Highway Trust
Fund and to enable the Highway Trust Fund to receive revenues
sufficient to meet highway and transit needs. Such
recommendations shall address, among other matters as the
Commission may deem appropriate--
(A) what levels of revenue are required by the
Federal Highway Trust Fund in order for it to meet
needs to--
(i) maintain, and
(ii) improve the condition and performance
of the Nation's highway and transit systems;
(B) what levels of revenue are required by the
Federal Highway Trust Fund in order to ensure that
Federal levels of investment in highways and transit do
not decline in real terms; and
(C) the extent, if any, to which the Highway Trust
Fund should be augmented by other mechanisms or funds
as a Federal means of financing highway and transit
infrastructure investments.
(c) Membership.--
(1) Appointment.--The Commission shall be composed of 15
members, appointed as follows:
(A) 7 members appointed by the Secretary of
Transportation, in consultation with the Secretary of
the Treasury.
(B) 2 members appointed by the Chairman of the
Committee on Ways and Means of the House of
Representatives.
(C) 2 members appointed by the Ranking Minority
Member of the Committee on Ways and Means of the House
of Representatives.
(D) 2 members appointed by the Chairman of the
Committee on Finance of the Senate.
(E) 2 members appointed by the Ranking Minority
Member of the Committee on Finance of the Senate.
(2) Qualifications.--Members appointed pursuant to
paragraph (1) shall be appointed from among individuals
knowledgeable in the fields of public transportation finance or
highway and transit programs, policy, and needs, and may
include representatives of interested parties, such as State
and local governments or other public transportation
authorities or agencies, representatives of the transportation
construction industry (including suppliers of technology,
machinery and materials), transportation labor (including
construction and providers), transportation providers, the
financial community, and users of highway and transit systems.
(3) Terms.--Members shall be appointed for the life of the
Commission.
(4) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) Travel expenses.--Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(6) Chairman.--The Chairman of the Commission shall be
elected by the members.
(d) Staff.--The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
(e) Funding.--Funding for the Commission shall be provided by the
Secretary of the Treasury and by the Secretary of Transportation, out
of funds available to those agencies for administrative and policy
functions.
(f) Staff of Federal Agencies.--Upon request of the Commission, the
head of any department or agency of the United States may detail any of
the personnel of that department or agency to the Commission to assist
in carrying out its duties under this section.
(g) Obtaining Data.--The Commission may secure directly from any
department or agency of the United States, information (other than
information required by any law to be kept confidential by such
department or agency) necessary for the Commission to carry out its
duties under this section. Upon request of the Commission, the head of
that department or agency shall furnish such nonconfidential
information to the Commission. The Commission shall also gather
evidence through such means as it may deem appropriate, including
through holding hearings and soliciting comments by means of Federal
Register notices.
(h) Report.--Not later than 2 years after the date of its first
meeting, the Commission shall transmit its final report, including
recommendations, to the Secretary of Transportation, the Secretary of
the Treasury, and the Committee on Ways and Means of the House of
Representatives, the Committee on Finance of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives,
the Committee on Environment and Public Works of the Senate, and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
(i) Termination.--The Commission shall terminate on the 180th day
following the date of transmittal of the report under subsection (h).
All records and papers of the Commission shall thereupon be delivered
to the Administrator of General Services for deposit in the National
Archives. | Maximum Economic Growth for America Through the Highway Trust Fund Act (or MEGA Trust Act) - Amends the Internal Revenue Code to transfer all excise taxes imposed on alcohol fuels to the Highway Trust Fund (the "Fund").Authorizes the transfer to the Fund from the general fund of the Treasury of the amount of money equal to the untaxed portion of gasohol containing ethanol, effective with respect to the removal or entry of any mixture after September 30, 2003.Eliminates provision of Code stating that obligations of the Fund shall not be interest bearing, thus allowing the Fund to earn interest, effective with respect to obligations held by the Fund after September 30, 2003.Extends various highway-related taxes, floor stock refunds, certain tax-free sales, exemption from tax for use of highway vehicles by States and local governments and for use of certain transit-type buses, deposits into and certain specified transfers from the Fund, transfers from the Fund for motorboat fuel taxes and small-engine fuel taxes, and refunds of certain specified funds from the land and water conservation fund into the general fund.Establishes a National Surface Transportation Infrastructure Financing Commission (the "Commission"). Permits any department or agency to detail personnel to the Commission, and requires such bodies to furnish nonconfidential materials to the Commission upon request. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to transfer all excise taxes imposed on alcohol fuels to the Highway Trust Fund, and for other purposes."} | 2,646 | 294 | 0.506182 | 1.581495 | 0.791171 | 2.782787 | 9.877049 | 0.897541 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Generic
Pharmaceutical Access and Choice for Consumers Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I--REQUIRING THE USE OF GENERIC DRUGS
Sec. 101. Requiring the use of generic drugs under the Public Health
Service Act.
Sec. 102. Application to Federal employees health benefits program.
Sec. 103. Application to medicare program.
Sec. 104. Application to medicaid program.
Sec. 105. Application to Indian Health Service.
Sec. 106. Application to veterans programs.
Sec. 107. Application to recipients of uniformed services health care.
Sec. 108. Application to Federal prisoners.
TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS
Sec. 201. Therapeutic equivalence of generic drugs.
TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM
Sec. 301. Sense of the Senate on requiring the use of generic
pharmaceuticals under the medicare program.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Generic pharmaceuticals are approved by the Food and
Drug Administration on the basis of scientific testing and
other information establishing that such pharmaceuticals are
therapeutically equivalent to brand-name pharmaceuticals,
ensuring consumers a safe, efficacious, and cost-effective
alternative to brand-name innovator pharmaceuticals.
(2) The pharmaceutical market has become increasingly
competitive during the last decade because of the increasing
availability and accessibility of generic pharmaceuticals.
(3) The Congressional Budget Office estimates that--
(A) the substitution of generic pharmaceuticals for
brand-name pharmaceuticals will save purchasers of
pharmaceuticals between $8,000,000,000 and
$10,000,000,000 each year; and
(B) quality generic pharmaceuticals cost between 25
percent and 60 percent less than brand-name
pharmaceuticals, resulting in an estimated average
savings of $15 to $30 on each prescription filled.
(4) Independent studies have estimated that generics
provide an average savings of $45.50 for each prescription drug
sold.
(5) Generic pharmaceuticals are widely accepted by both
consumers and the medical profession, as the market share held
by generic pharmaceuticals compared to brand-name
pharmaceuticals has more than doubled during the last decade,
from approximately 19 percent to 43 percent, according to the
Congressional Budget Office.
(6) Generic pharmaceuticals can save consumers an
additional $1,320,000,000 each year for each 1 percent increase
in the use of such pharmaceuticals.
(7) Generic pharmaceutical use can help both consumers and
the Government reduce the cost of prescription drugs.
(b) Purposes.--The purposes of this Act are--
(1) to reduce the cost of prescription drugs to the United
States Government and to beneficiaries under Federal health
care programs while maintaining the quality of health care by
requiring the use of generic drugs rather than nongeneric
drugs, unless no therapeutically equivalent generic drug has
been approved under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.) or the nongeneric drug is specifically--
(A) ordered by the prescribing provider; or
(B) requested by the individual for whom the drug
is prescribed; and
(2) to increase the utilization of generic pharmaceuticals
by requiring the Food and Drug Administration, where
appropriate, to determine that a generic pharmaceutical is the
therapeutic equivalent of its brand-name counterpart, and by
affording national uniformity to that determination.
TITLE I--REQUIRING THE USE OF GENERIC DRUGS
SEC. 101. REQUIRING THE USE OF GENERIC DRUGS UNDER THE PUBLIC HEALTH
SERVICE ACT.
(a) In General.--Part B of title II of the Public Health Service
Act (42 U.S.C. 238 et seq.) is amended by adding at the end the
following new section:
``SEC. 247. USE OF GENERIC DRUGS REQUIRED.
``(a) Requirement.--Each grant or contract entered into under this
Act that involves the provision of health care items or services to
individuals shall include provisions to ensure that any prescription
drug provided for under such grant or contract is filled by providing
the generic form of the drug involved, unless no generic form of the
drug has been approved under the Federal Food, Drug, and Cosmetic Act
or the nongeneric form of the drug is specifically--
``(1) ordered by the prescribing provider; or
``(2) requested by the individual for whom the drug is
prescribed.
``(b) Definitions.--In this section:
``(1) Generic form of the drug.--The term `generic form of
the drug' means a drug that is the subject of an application
approved under subsection (b)(2) or (j) of section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), for which
the Secretary has made a determination that the drug is the
therapeutic equivalent of a listed drug under section 505(o) of
that Act (21 U.S.C. 355(o)).
``(2) Nongeneric form of the drug.--The term `nongeneric
form of the drug' means a drug that is the subject of an
application approved under--
``(A) section 505(b)(1) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(b)(1)); or
``(B) section 505(b)(2) of such Act and that has
been determined to be not therapeutically equivalent to
any listed drug.
``(3) Prescription drug.--The term `prescription drug'
means a drug that is subject to the provisions of section
503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
353(b)).''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to any drug furnished on or after the date of enactment of
this Act.
SEC. 102. APPLICATION TO FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.
(a) In General.--Section 8902 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(p) If a contract under this chapter provides for the provision
of, the payment for, or the reimbursement of the cost of any
prescription drug (as defined in paragraph (3) of section 247(b) of the
Public Health Service Act), the carrier shall provide, pay, or
reimburse the cost of the generic form of the drug (as defined in
paragraph (1) of such section), except that this subsection shall not
apply if the nongeneric form of the drug (as defined in paragraph (2)
of such section) is specifically--
``(1) ordered by the prescribing provider; or
``(2) requested by the individual for whom the drug is
prescribed.''.
(b) Effective Date.--The amendment made by this section shall apply
to any prescription drug furnished during contract years beginning on
or after January 1, 2002.
SEC. 103. APPLICATION TO MEDICARE PROGRAM.
(a) In General.--Section 1861(t) of the Social Security Act (42
U.S.C. 1395x(t)) is amended by adding at the end the following new
paragraph:
``(3) For purposes of paragraph (1), the term `drugs' means the
generic form of the drug (as defined in section 247(b)(1) of the Public
Health Service Act), unless no generic form of the drug has been
approved under the Federal Food, Drug, and Cosmetic Act or the
nongeneric form of such drug (as defined in section 247(b)(2) of such
Act) is specifically--
``(A) ordered by the health care provider; or
``(B) requested by the individual to whom the drug is
provided.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply with respect to any
prescription drug furnished on or after the date of enactment
of this Act.
(2) Medicare+choice plans.--In the case of a
Medicare+Choice plan offered by a Medicare+Choice organization
under part C of title XVIII of the Social Security Act (42
U.S.C. 1395w-21 et seq.), the amendment made by this section
shall apply to any prescription drug furnished during contract
years beginning on or after January 1, 2002.
SEC. 104. APPLICATION TO MEDICAID PROGRAM.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
(1) in paragraph (64), by striking ``and'' at the end;
(2) in paragraph (65), by striking the period at the end
and inserting ``; and''; and
(3) by adding the following new paragraph:
``(66) provide that the State shall, in conjunction with
the program established under section 1927(g), provide for the
use of a generic form of a drug (as defined in paragraph (1) of
section 247(b) of the Public Health Service Act), unless no
generic form of the drug has been approved under the Federal
Food, Drug, and Cosmetic Act or the nongeneric form of the drug
(as defined in paragraph (2) of such section) is specifically--
``(A) ordered by the provider; or
``(B) requested by the individual to whom the drug
is provided.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to any prescription drug furnished under State plans that
are approved or renewed on or after the date of enactment of this Act.
SEC. 105. APPLICATION TO INDIAN HEALTH SERVICE.
(a) In General.--Title II of the Indian Health Care Improvement Act
(25 U.S.C. 1621 et seq.) is amended by adding at the end the following
new section:
``SEC. 225. USE OF GENERIC DRUGS REQUIRED.
``In providing health care items or services under this Act, the
Indian Health Service shall ensure that any prescription drug (as
defined in paragraph (3) of section 247(b) of the Public Health Service
Act) that is provided under this Act is the generic form of the drug
(as defined in paragraph (1) of such section) involved, unless no
generic form of the drug has been approved under the Federal Food,
Drug, and Cosmetic Act or the nongeneric form of the drug (as defined
in paragraph (2) of such section) is specifically--
``(1) ordered by the prescribing provider; or
``(2) requested by the individual for whom the drug is
prescribed.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to any prescription drug furnished on or after the date of
enactment of this Act.
SEC. 106. APPLICATION TO VETERANS PROGRAMS.
(a) Use of Generic Drugs Required.--Subchapter III of chapter 17 of
title 38, United States Code, is amended by inserting after section
1722A the following new section:
``Sec. 1722B. Use of generic drugs required
``When furnishing a prescription drug (as defined in paragraph (3)
of section 247(b) of the Public Health Service Act) under this chapter,
the Secretary shall furnish a generic form of the drug (as defined in
paragraph (1) of such section), unless no generic form of the drug has
been approved under the Federal Food, Drug, and Cosmetic Act or the
nongeneric form of the drug (as defined in paragraph (2) of such
section) is specifically--
``(1) ordered by the prescribing provider; or
``(2) requested by the individual for whom the drug is
prescribed.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1722A the following new item:
``1722B. Use of generic drugs required.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to any prescription drug furnished on or after the
date of enactment of this Act.
SEC. 107. APPLICATION TO RECIPIENTS OF UNIFORMED SERVICES HEALTH CARE.
(a) Use of Generic Drugs Required.--Chapter 55 of title 10, United
States Code, as amended by section 751(b) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398), is amended by adding at the end the
following new section:
``Sec. 1111. Use of generic drugs required
``The Secretary of Defense shall ensure that each health care
provider who furnishes a prescription drug (as defined in paragraph (3)
of section 247(b) of the Public Health Service Act) furnishes the
generic form of the drug (as defined in paragraph (1) of such section),
unless no generic form of the drug has been approved under the Federal
Food, Drug, and Cosmetic Act or the nongeneric form of the drug (as
defined in paragraph (2) of such section) is specifically--
``(1) ordered by the prescribing provider; or
``(2) requested by the individual for whom the drug is
prescribed.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1109 the following new item:
``1111. Use of generic drugs required.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to any drug furnished on or after the date of
enactment of this Act.
SEC. 108. APPLICATION TO FEDERAL PRISONERS.
(a) In General.--Section 4006(b) of title 18, United States Code,
is amended by adding at the end the following new paragraph:
``(3) Use of generic drugs required.--The Attorney General
shall ensure that each health care provider who furnishes a
prescription drug (as defined in paragraph (3) of section
247(b) of the Public Health Service Act) to a prisoner charged
with or convicted of an offense against the United States
furnishes the generic form of the drug (as defined in paragraph
(1) of such section), unless no generic form of the drug has
been approved under the Federal Food, Drug, and Cosmetic Act or
the nongeneric form of the drug (as defined in paragraph (2) of
such section) is specifically--
``(A) ordered by the prescribing provider; or
``(B) requested by the prisoner for whom the drug
is prescribed.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to any prescription drug furnished on or after the date of
enactment of this Act.
TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS
SEC. 201. THERAPEUTIC EQUIVALENCE OF GENERIC DRUGS.
(a) In General.--Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) is amended--
(1) by adding at the end the following new subsection:
``(o)(1) For each application filed under subsection (b)(2) or
subsection (j), the Secretary shall determine whether the drug for
which the application is filed is the therapeutic equivalent of the
drug for which the investigations have been made under subsection
(b)(1)(A) (in this subsection referred to as the `reference drug') or
the listed drug referred to in subsection (j)(2)(A)(i). For
applications approved after the date of enactment of this subsection,
the Secretary's determination shall be made before the approval of the
application. For such applications approved before such date, the most
recent determination made by the Secretary shall be confirmed.
``(2) For purposes of paragraph (1), a drug is the therapeutic
equivalent of a reference drug or a listed drug if--
``(A) each active ingredient of the drug and either the
reference drug or the listed drug is the same;
``(B) the drug and either the reference drug or the listed
drug--
``(i) are of the same dosage form;
``(ii) have the same route of administration;
``(iii) are identical in strength or concentration;
and
``(iv) are expected to have the same clinical
effect and safety profile when administered to patients
under conditions specified in the labeling; and
``(C) the drug does not present a known bioequivalence
problem, or if the drug presents such a problem, the drug is
shown to meet an appropriate bioequivalence standard.
``(3) With respect to a drug for which a therapeutic equivalence
determination has been made or confirmed under this subsection, no
State or political subdivision of a State may establish or continue in
effect with respect to therapeutic equivalence of the drug to either a
reference drug or a listed drug, any requirement which is different
from, or in addition to, or is otherwise not identical with, the
Secretary's determination or confirmation under this subsection.''; and
(2) in subsection (j)(7)(A), by adding at the end the
following:
``(iv) The Secretary shall include in each revision of the
list under clause (ii) on or after the date of enactment of
this clause the official and proprietary name of each reference
drug or listed drug that is therapeutically equivalent to a
drug approved under subsection (b)(2) or under this subsection
during the preceding 30-day period, as determined under
subsection (o).''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM
SEC. 301. SENSE OF THE SENATE ON REQUIRING THE USE OF GENERIC
PHARMACEUTICALS UNDER THE MEDICARE PROGRAM.
It is the sense of the Senate that legislative language requiring
the safe and cost-effective use of generic pharmaceuticals should be
considered in conjunction with any legislation that adds a
comprehensive prescription drug benefit to the medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). | Generic Pharmaceutical Access and Choice for Consumers Act of 2001 -Amends the Public Health Service Act to require each grant or contract entered into under the Act that involves the provision of health care items or services to individuals to include provisions to ensure that any prescriptions provided for under such grant or contract are filled by providing the generic form of the drug involved, unless there is no approved generic form of the drug, or the nongeneric form of the drug is either specifically ordered by the prescribing provider or requested by the individual for whom the drug is prescribed.Makes similar changes under the Federal Employee Health Benefits program, Medicare program, Medicaid program, and programs affecting Indians, veterans, the uniformed services, and prisoners.Amends the Federal Food, Drug, and Cosmetic Act to require that for each drug application filed there shall be a determination as to whether there is a therapeutic equivalent for such drug. | {"src": "billsum_train", "title": "A bill to provide access and choice for use of generic drugs instead of nongeneric drugs under Federal health care programs, and for other purposes."} | 4,240 | 194 | 0.494044 | 1.498228 | 0.727364 | 4.752941 | 21.923529 | 0.917647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health in Schools Act of
2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 1 in 5 children have a diagnosable mental
disorder.
(2) Approximately 1 in 10 children have a serious emotional
or behavioral disorder that is severe enough to cause
substantial impairment in functioning at home, at school, or in
the community. It is estimated that about 75 percent of
children with emotional and behavioral disorders do not receive
specialty mental health services.
(3) Only half of schools across the United States report
having formal partnerships with community mental health
providers to deliver mental health services.
(4) If a school is going to respond to the mental health
needs of its students, it must have access to resources that
provide family-centered, culturally and linguistically
appropriate supports and services.
(5) Effective school mental health programs reflect the
collaboration and commitment of families, students, educators,
and other community partners.
SEC. 3. PURPOSES.
It is the purpose of this Act to--
(1) revise, increase funding for, and expand the scope of
the Safe Schools-Healthy Students program in order to provide
access to more comprehensive school-based mental health
services and supports; and
(2) provide for in-service training to all school personnel
in--
(A) the techniques and supports needed to identify
early children with, or at risk of, mental illness;
(B) the use of referral mechanisms that effectively
link such children to treatment intervention services;
and
(C) strategies that promote a school-wide positive
environment.
SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Technical Amendments.--The second part G (relating to services
provided through religious organizations) of title V of the Public
Health Service Act (42 U.S.C. 290kk et seq.) is amended--
(1) by redesignating such part as part J; and
(2) by redesignating sections 581 through 584 as sections
596 through 596C, respectively.
(b) Purpose and Authority.--Subsection (a) of section 581 of the
Public Health Service Act (42 U.S.C. 290hh(a)) is amended to read as
follows:
``(a) In General.--The Secretary, in collaboration with the
Secretary of Education and in consultation with the Attorney General,
shall, directly or through grants, contracts or cooperative agreements
awarded to public entities and local education agencies, assist local
communities and schools in applying a public health approach to mental
health services both in schools and in the community. Such approach
should provide comprehensive services and supports, be linguistically
and culturally appropriate, and incorporate strategies of positive
behavioral interventions and supports. A comprehensive school mental
health program funded under this section shall assist children in
dealing with violence.''.
(c) Activities.--Section 581(b) of the Public Health Service Act
(42 U.S.C. 290hh(b)) is amended--
(1) in paragraph (1), by striking ``implement programs''
and inserting ``implement a comprehensive culturally and
linguistically appropriate school mental health program that
incorporates positive behavioral interventions and supports'';
(2) in paragraph (3), by inserting ``child and adolescent
mental health issues and'' after ``address''; and
(3) by striking paragraph (4) and inserting the following:
``(4) facilitate community partnerships among families,
students, law enforcement agencies, education systems, mental
health and substance abuse service systems, family-based mental
health service systems, welfare agencies, healthcare service
systems, and other community-based systems;''.
(d) Requirements.--Subsection (c) of section 581 of the Public
Health Service Act (42 U.S.C. 290hh(c)) is amended to read as follows:
``(c) Requirements.--
``(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under subsection (a) an entity shall--
``(A) be a partnership between a local education
agency and at least one community program or agency
that is involved in mental health; and
``(B) submit an application, that is endorsed by
all members of the partnership, that makes the
assurances described in paragraph (2).
``(2) Required assurances.--An application under paragraph
(1) shall assure the following:
``(A) That the applicant will ensure that, in
carrying out activities under this section, the local
educational agency involved will enter into a
memorandum of understanding--
``(i) with, at a minimum, public or private
mental health entities, healthcare entities,
law enforcement or juvenile justice entities,
child welfare agencies, family-based mental
health entities, families and family
organizations, and other community-based
entities; and
``(ii) that clearly states--
``(I) the responsibilities of each
partner with respect to the activities
to be carried out;
``(II) how each such partner will
be accountable for carrying out such
responsibilities; and
``(III) the amount of non-Federal
funding or in-kind contributions that
each such partner will contribute in
order to sustain the program.
``(B) That the comprehensive school-based mental
health program carried out under this section support
the flexible use of funds to address--
``(i) the promotion of the social,
emotional, and behavioral health of all
students in an environment that is conducive to
learning;
``(ii) the reduction in the likelihood of
at risk students developing social, emotional,
or behavioral health problems;
``(iii) the treatment or referral for
treatment of students with existing social,
emotional, or behavioral health problems;
``(iv) the early identification of social,
emotional, or behavioral problems and the
provision of early intervention services; and
``(v) the development and implementation of
programs to assist children in dealing with
violence.
``(C) That the comprehensive mental health program
carried out under this section will provide for
culturally and linguistically appropriate in-service
training of all school personnel, including ancillary
staff and volunteers, in--
``(i) the techniques and support needed to
identify early children with, or at risk of,
mental illness;
``(ii) the use of referral mechanisms that
effectively link such children to treatment
intervention services; and
``(iii) strategies that promote a
schoolwide positive environment, and includes
an on-going training component.
``(D) That the comprehensive school-based mental
health programs carried out under this section will
demonstrate the measures to be taken to sustain the
program after funding under this section terminates.
``(E) That the local education agency partnership
involved is supported by the State educational and
mental health system to ensure that the sustainability
of the programs is established after funding under this
section terminates.
``(F) That the comprehensive school-based mental
health program carried out under this section is based
on evidence-based practices.
``(G) That the comprehensive school-based mental
health program carried out under this section is
coordinated with early intervening activities carried
out under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.).
``(H) That the comprehensive school-based mental
health program carried out under this section is
culturally and linguistically appropriate.''.
(e) Duration.--Section 581(e) of the Public Health Service Act (42
U.S.C. 290hh(e)) is amended--
(1) by striking ``may not exceed'' and inserting ``shall
be''; and
(2) by adding at the end the following: ``An entity may
only receive one award under this section, except that an
entity that is providing services and supports on a regional
basis may receive additional funding after the expiration of
the preceding grant period.''.
(f) Evaluation.--Subsection (f) of section 581 of the Public Health
Service Act (42 U.S.C. 290kk(f)) is amended to read as follows:
``(f) Evaluation and Measures of Outcomes.--
``(1) Development of process.--The Administrator shall
develop a process for evaluating activities carried out under
this section. Such process shall include--
``(A) the development of guidelines for the
submission of program data by such recipients;
``(B) the development of measures of outcomes (in
accordance with paragraph (2)) to be applied by such
recipients in evaluating programs carried out under
this section; and
``(C) the submission of annual reports by such
recipients concerning the effectiveness of programs
carried out under this section.
``(2) Measures of outcomes.--
``(A) In general.--The Administrator shall develop
measures of outcomes to be applied by recipients of
assistance under this section, and the Administrator,
in evaluating the effectiveness of programs carried out
under this section. Such measures shall include student
and family measures as provided for in subparagraph (B)
and local educational measures as provided for under
subparagraph (C).
``(B) Student and family measures of outcomes.--The
measures of outcomes developed under paragraph (1)(B)
relating to students and families shall, with respect
to activities carried out under a program under this
section, at a minimum include provisions to evaluate--
``(i) whether the program resulted in an
increase in social and emotional competency;
``(ii) whether the program resulted in an
increase in academic competency;
``(iii) whether the program resulted in a
reduction in disruptive and aggressive
behaviors;
``(iv) whether the program resulted in
improved family functioning;
``(v) whether the program resulted in a
reduction in substance abuse;
``(vi) whether the program resulted in a
reduction in suspensions, truancy, expulsions
and violence;
``(vii) whether the program resulted in
increased graduation rates; and
``(viii) whether the program resulted in
improved access to care for mental health
disorders.
``(C) Local educational outcomes.--The outcome
measures developed under paragraph (1)(B) relating to
local educational systems shall, with respect to
activities carried out under a program under this
section, at a minimum include provisions to evaluate--
``(i) the effectiveness of comprehensive
school mental health programs established under
this section;
``(ii) the effectiveness of formal
partnership linkages among child and family
serving institutions, community support
systems, and the educational system;
``(iii) the progress made in sustaining the
program once funding under the grant has
expired; and
``(iv) the effectiveness of training and
professional development programs for all
school personnel that incorporate indicators
that measure cultural and linguistic
competencies under the program in a manner that
incorporates appropriate cultural and
linguistic training.
``(3) Submission of annual data.--An entity that receives a
grant, contract, or cooperative agreement under this section
shall annually submit to the Administrator a report that
include data to evaluate the success of the program carried out
by the entity based on whether such program is achieving the
purposes of the program. Such reports shall utilize the
measures of outcomes under paragraph (2) in a reasonable manner
to demonstrate the progress of the program in achieving such
purposes.
``(4) Evaluation by administrator.--Based on the data
submitted under paragraph (3), the Administrator shall annually
submit to Congress a report concerning the results and
effectiveness of the programs carried out with assistance
received under this section.''.
(g) Authorization of Appropriations and Amount of Grants.--
Subsection (h) of section 581 of the Public Health Service Act (42
U.S.C. 290hh(h)) is amended to read as follows:
``(h) Amount of Grants and Authorization of Appropriations.--
``(1) Amount of grants.--A grant under this section shall
be in an amount that is not more than $1,000,000 for each of
grant years 2008 through 2012. The Secretary shall determine
the amount of each such grant based on the population of
children between the ages of 0 to 21 of the area to be served
under the grant.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section, $200,000,000 for
each of fiscal years 2008 through 2012.''.
(h) Conforming Amendments.--Part G of title V of the Public Health
Service Act (42 U.S.C. 290hh et seq.), as amended by this section, is
further amended--
(1) by striking the part heading and inserting the
following:
``PART VII--SCHOOL-BASED MENTAL HEALTH''; and
(2) in section 581, by striking the section heading and
inserting the following:
``SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHILDREN AND VIOLENCE.''. | Mental Health in Schools Act of 2007 - Amends the Public Health Service Act to expand the program to provide grants, contracts, or cooperative agreements to develop ways to assist children in dealing with violence to include assisting local communities and schools in applying a public health approach to mental health services, including providing comprehensive services and supports and incorporating strategies of positive behavioral interventions and supports.
Authorizes the Secretary of Health and Human Services to implement a comprehensive school mental health program that incorporates positive behavioral interventions and supports.
Establishes eligibility requirements for the program, including requiring: (1) a partnership between a local educational agency and at least one community program or agency that is involved in mental health; (2) the program to provide for in-service training of all school personnel; and (3) sustainability of the program after funding terminates.
Requires the Administrator of the Substance Abuse and Mental Health Services Administration to develop a process for evaluating activities under the grant program to include the development of student and family outcome measures and local educational outcome measures. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to revise and extend projects relating to children and violence to provide access to school-based comprehensive mental health programs."} | 2,853 | 216 | 0.575794 | 1.645312 | 0.906221 | 3.756219 | 13.502488 | 0.940299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sweepstakes Toll-Free Option
Protection Act of 1999''.
SEC. 2. REQUIREMENTS OF PROMOTERS OF SKILL CONTESTS OR SWEEPSTAKES
MAILINGS.
(a) In General.--Chapter 30 of title 39, United States Code, is
amended by adding after section 3015 the following:
``Sec. 3016. Nonmailable skill contests or sweepstakes matter;
notification to prohibit mailings
``(a) Definitions.--In this section, the term--
``(1) `promoter' means any person who originates and causes
to be mailed any skill contest or sweepstakes;
``(2) `removal request form' means a written form stating
that an individual--
``(A) does not consent to the name and address of
such individual being included on any list used by a
promoter for mailing skill contests or sweepstakes; and
``(B) elects to have such name and address excluded
from any such list;
``(3) `skill contest' means a puzzle, game, competition, or
other contest in which--
``(A) a prize is awarded or offered;
``(B) the outcome depends predominately on the
skill of the contestant; and
``(C) a purchase, payment, or donation is required
or implied to be required to enter the contest; and
``(4) `sweepstakes' means a game of chance for which no
consideration is required to enter.
``(b) Nonmailable Matter.--
``(1) In general.--Matter otherwise legally acceptable in
the mails described under paragraph (2)--
``(A) is nonmailable matter;
``(B) shall not be carried or delivered by mail;
and
``(C) shall be disposed of as the Postal Service
directs.
``(2) Nonmailable matter described.--Matter that is
nonmailable matter referred to under paragraph (1) is any
matter that--
``(A) is a skill contest or sweepstakes; and
``(B) is addressed to an individual who made an
election to be excluded from lists under subsection
(e).
``(c) Requirements of Promoters.--
``(1) Notice to individuals.--Any promoter who mails a
skill contest or sweepstakes shall provide with each mailing a
clear and conspicuous statement that--
``(A) includes the address and toll-free telephone
number of the notification system established under
paragraph (2); and
``(B) states the system can be used to prohibit the
mailing of any skill contest or sweepstakes to such
individual.
``(2) Notification system.--Any promoter that mails a skill
contest or sweepstakes shall participate in the establishment
and maintenance of a uniform notification system that provides
for any individual (or other duly authorized person) to notify
the system of the individual's election to have the name and
address of the individual excluded from any list of names and
addresses used by any promoter to mail any skill contest or
sweepstakes; and
``(d) Notification System.--
``(1) Call to toll-free number.--If an individual contacts
the notification system through use of the toll-free telephone
number published under subsection (c)(2), the system shall--
``(A) inform the individual of the information
described under subsection (c)(1)(B);
``(B) inform the individual that a removal request
form shall be mailed within such 7 business days; and
``(C) inform the individual that the election to
prohibit mailings of skill contests or sweepstakes to
that individual shall take effect 30 business days
after receipt by the system of the signed removal
request form or other signed written request by the
individual.
``(2) Removal request form.--Upon request of the
individual, the system shall mail a removal request form to the
individual not later than 7 business days after the date of the
telephone communication. A removal request form shall contain--
``(A) a clear, concise statement to exclude a name
and address from the applicable mailing lists; and
``(B) no matter other than the form and the address
of the notification system.
``(e) Election To Be Excluded From Lists.--
``(1) In general.--An individual may elect to exclude the
name and address of such individual from all mailing lists used
by promoters of skill contests or sweepstakes by mailing a
removal request form to the notification system established under
subsection (c).
``(2) Response after mailing form to the notification
system.--Not later than 30 business days after receipt of a
removal request form, all promoters who maintain lists
containing the individual's name or address for purposes of
mailing skill contests or sweepstakes shall exclude such
individual's name and address from all such lists.
``(3) Effectiveness of election.--An election under
paragraph (1) shall--
``(A) be effective with respect to every promoter;
and
``(B) remain in effect, unless an individual
notifies the system in writing that such individual--
``(i) has changed the election; and
``(ii) elects to receive skill contest or
sweepstakes mailings.
``(f) Promoter Nonliability.--A promoter, or any other person
maintaining the notification system established under this section,
shall not have civil liability for the exclusion of an individual's
name or address from any mailing list maintained by a promoter for
mailing skill contests or sweepstakes, if--
``(1) a request for removal form is received by the
notification system; and
``(2) the promoter or person maintaining the system has a
good faith belief that the request is from--
``(A) the individual whose name and address is to
be excluded; or
``(B) another duly authorized person.
``(g) Prohibition on Commercial Use of Lists.--
``(1) In general.--
``(A) Prohibition.--No person may provide any
information (including the sale or rental of any name
or address) in a list described under subparagraph (B)
to another person for commercial use.
``(B) Lists.--A list referred to under subparagraph
(A) is any list of names and addresses (or other
related information) used, maintained, or created by
the system established by this Act.
``(2) Civil penalty.--Any person who violates paragraph (1)
shall be assessed a civil penalty by the Postal Service.
``(h) Civil Penalties.--
``(1) In general.--Any promoter--
``(A) who recklessly mails nonmailable matter in
violation of subsection (b) shall be liable to the
United States in an amount of $10,000 per violation for
each mailing of nonmailable matter; or
``(B) who fails to substantially comply with the
requirements of subsection (c)(2) shall be liable to
the United States.
``(2) Enforcement.--The Postal Service shall assess civil
penalties under this section.''.
(b) Technical and Conforming Amendments.--The table of sections for
chapter 30 of title 39, United States Code, is amended by adding after
the item relating to section 3015 the following:
``3016. Nonmailable skill contests or sweepstakes matter; notification
to prohibit mailings.''.
SEC. 3. STATE LAW NOT PREEMPTED.
Nothing in this Act shall be construed to preempt any provision of
State or local law.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect 1 year after the
date of enactment of this Act. | Requires any promoter who mails a skill contest or sweepstakes to: (1) provide with each mailing a clear and conspicuous statement that includes the address and toll-free telephone number of such notification system and states that it can be used to prohibit the mailing of any skill contest or sweepstakes to such individual; and (2) participate in the establishment and maintenance of a uniform notification system that provides for any individual or other duly authorized person to notify the system of the individual's election to have his or her name and address excluded from all lists of names and address used by that promoter to mail such material.
Prohibits the commercial use of any list of names and addresses used, maintained, or created by the system.
Establishes civil penalties for: (1) persons who violate the prohibition; and (2) promoters who recklessly mail such nonmailable matter or fail to comply substantially with the notification system requirements. | {"src": "billsum_train", "title": "Sweepstakes Toll-Free Option Protection Act of 1999"} | 1,759 | 198 | 0.613849 | 1.795944 | 0.885141 | 4.02809 | 8.870787 | 0.938202 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extended Disaster Mental Health
Services Act of 2001''.
TITLE I--MENTAL HEALTH SERVICES PURSUANT TO PUBLIC HEALTH EMERGENCIES
SEC. 101. GRANTS TO STATES AND POLITICAL SUBDIVISIONS FOR MENTAL HEALTH
SERVICES AS RESPONSE TO PUBLIC HEALTH EMERGENCIES.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following
section:
``SEC. 520K. GRANTS TO STATES AND POLITICAL SUBDIVISIONS FOR MENTAL
HEALTH SERVICES AS RESPONSE TO PUBLIC HEALTH EMERGENCIES.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, may make grants to States and
political subdivisions of States for the purpose of providing the
mental health services described in subsection (b) in response to
public health emergencies, including diseases or disorders that present
such emergencies, natural disasters, major transportation accidents,
technological disasters, and disasters resulting from terrorism.
``(b) Services.--The mental health services referred to in
subsection (a) with respect to a public health emergency are the
following:
``(1) Crisis counseling in the aftermath of such emergency.
``(2) In the case of children, adolescents, and adults at
risk of developing mental health disorders as a result of such
emergency--
``(A) outreach and screening programs to identify
such individuals; and
``(B) early intervention services, including
counseling.
``(3) Mental health services beyond such crisis counseling
(referred to in this section as `extended therapeutic
services') that--
``(A) are provided to individuals with diagnosed
mental health disorders resulting from or exacerbated
by the emergency, including disaster survivors, family
members of victims, first responders, and others with
such disorders; and
``(B) are provided by mental health professionals
who are licensed or otherwise regulated by a State
agency.
``(4) Assessments of the need for extended therapeutic
services.
``(5) Casefinding and other outreach services to inform the
public of the availability of crisis counseling and extended
therapeutic services.
``(c) Relation to Other Sources of Funding.--A condition for the
receipt of a grant under subsection (a) is that the applicant involved
agree as follows:
``(1) With respect to activities for which the grant is
authorized to be expended, the applicant will maintain
expenditures of non-Federal amounts for such activities at a
level that is not less than the level of such expenditures
maintained by the applicant for the fiscal year preceding the
first fiscal year for which the applicant receives such a
grant.
``(2) The grant will not be expended to make payment for
the provision of extended therapeutic services for an
individual to the extent that payment has been made, or can
reasonably be expected to be made, for the services--
``(A) under a State compensation program, under an
insurance policy, or under a Federal or State health
benefits program; or
``(B) by an entity that provides health services on
a prepaid basis.
``(3) The grant will not be expended to make payment for
the provision of mental health services to the extent that such
services are available pursuant to responses to the public health
emergency involved by the Federal Emergency Management Agency, or by
other Federal or State agencies or programs that provide for emergency
medical services.
``(d) Statewide Mental Health Disaster Plan.--
``(1) In general.--For fiscal year 2003 or any subsequent
fiscal year, a condition for the receipt of a grant under
subsection (a) by a State or a political subdivision is that,
in accordance with criteria established by the Secretary, the
State has developed a statewide plan for the provision of
mental health services in response to public health
emergencies. The preceding sentence applies without regard to
whether the State receives a grant under section 520L.
``(2) Certain criteria of secretary.--The criteria of the
Secretary under paragraph (1) shall include criteria for
coordinating the program under this section with programs of
the Federal Emergency Management Agency and with other Federal
or State programs regarding the provision of emergency medical
services, including mental health services.
``(e) Administration of Grant Through State and Local Mental Health
Agencies.--A condition for the receipt of a grant under subsection (a)
is that the applicant involved agree that the grant and activities
under the grant will be administered through the agency of the State or
political subdivision (as the case may be) that has the principal
responsibility for carrying out mental health programs.
``(f) Certain Requirements.--With respect to an application that,
pursuant to section 501(l), is submitted to the Secretary for a grant
under subsection (a), the Secretary may make the grant only if the
application contains--
``(1) a description of the purposes for which the applicant
intends to expend the grant;
``(2) an assurance that the activities to be carried out
under the grant are consistent with the State plan referred to
in subsection (d)(1), as applicable, together with a
description of the manner in which the grant activities will be
coordinated with the State plan;
``(3) an assurance that the applicant will coordinate
activities under the grant with other public or private
providers of mental health services, together with a
description of the manner in which the grant activities will be
so coordinated; and
``(4) in the case of an application from a political
subdivision, an assurance that the application was developed in
consultation with the State agency referred to in subsection
(e).
``(g) Duration of Grant.--The period during which payments are made
to an applicant from a grant under subsection (a) may not exceed three
years. The provision of such payments are subject to annual approval by
the Secretary of the payments and to the availability of appropriations
for the fiscal year involved to make the payments. This subsection may
not be construed as establishing a limitation on the number of grants
under such subsection that may be made to an applicant.
``(h) Technical Assistance.--The Secretary may, directly or through
grants or contracts, provide technical assistance to grantees under
subsection (a) in carrying out the purpose described in such
subsection.
``(i) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2002 through 2006.
``(2) Allocation.--Of the amounts appropriated under
paragraph (1) for a fiscal year, the Secretary may obligate not
more than 7 percent for the administrative expenses of the
Secretary in carrying out this section.''.
TITLE II--STATEWIDE MENTAL HEALTH DISASTER PLANS
SEC. 201. GRANTS TO STATES FOR STATEWIDE MENTAL HEALTH DISASTER PLANS.
Subpart 3 of part B of title V of the Public Health Service Act, as
amended by section 101 of this Act, is amended by adding at the end the
following section:
``SEC. 520L. GRANTS TO STATES FOR STATEWIDE MENTAL HEALTH DISASTER
PLANS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, may make grants to States for
the purpose of--
``(1) developing, and periodically reviewing and as
appropriate revising, statewide plans for providing mental
health services in response to public health emergencies
(including emergencies referred to section 520K(a));
``(2) training personnel to implement such plan
effectively; and
``(3) carrying out other activities determined appropriate
by the Secretary to prepare for the provision of mental health
services in response to such emergencies.
``(b) Certain Requirements.--A condition for the receipt of a grant
under subsection (a) is that the State involved agree that the
statewide plan under such subsection will with respect to public health
emergencies include provisions for each of the following:
``(1) Providing the mental health services described in
section 520K (relating to crisis counseling, outreach and
screening programs, early intervention services, extended
therapeutic services, needs assessments, and casefinding and
other outreach services), taking into account the need for
increased capacity to provide services pursuant to such
emergencies.
``(2) As necessary, carrying out paragraph (1) with respect
to special populations such as children, the elderly,
individuals with disabilities, and individuals with pre-
existing mental health disorders.
``(3) Coordinating the provision of mental health services
with appropriate public and private providers of emergency
medical services and with Federal, State, and local programs
that provide funding for such services.
``(4) Coordinating with local educational agencies.
``(5) Providing information and education to the public
during public health emergencies.
``(6) Providing, at times other than public health
emergencies, information and education to the public regarding
the statewide plan.
``(7) Designation of the State official who will have the
principal responsibility for administering such plan, including
the initial implementation of the plan.
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $25,000,000
for each of the fiscal years 2002 through 2006.''.
TITLE III--NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL ASSISTANCE
CENTER
SEC. 301. NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL ASSISTANCE
CENTER.
Subpart 3 of part B of title V of the Public Health Service Act, as
amended by section 201 of this Act, is amended by adding at the end the
following section:
``SEC. 520M. NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL
ASSISTANCE CENTER.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, shall establish within such
center an administrative unit to be known as the National Mental Health
Crisis Response Technical Assistance Center (referred to in this
section as the `Technical Assistance Center').
``(b) Duties.--The purpose of the Technical Assistance Center is to
carry out, in accordance with policies of the Director of the Center
for Mental Health Services, the following functions:
``(1) Provide consultation and technical assistance to the
Director, and to State and local governmental providers of
mental health services, on developing and implementing plans
for providing appropriate mental health services in response to
public health emergencies, including statewide plans under
section 520L.
``(2) Provide technical expertise on planning,
preparedness, and response evaluation activities.
``(3) Develop policy guidelines on mental health concerns
related to crisis incidents and develop recommendations for
proposed regulations and or legislative proposals.
``(4) Develop and conduct training events and conferences
on mental health needs of disaster victims and witnesses.
``(5) Serve as the principal clearinghouse operated by the
Secretary for the collection and dissemination of information
concerning the mental health aspects of public health
emergencies, including information in published documents,
information on technical assistance resources, and information
on relevant Internet sites.
``(6) Assist States in preparing for the behavioral health
consequences of terrorism.
``(7) Provide onsite technical expertise during public
health emergencies, when requested by a State.
``(c) Certain Authority.--The Technical Assistance Center may carry
out the functions under subsection (b) directly or through grant or
contract, subject to the approval of the Director of the Center for
Mental Health Services.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $2,000,000 for
each of the fiscal years 2002 through 2006.''.
TITLE IV--TRAINING GRANTS
SEC. 401. TRAINING GRANTS.
Subpart 3 of part B of title V of the Public Health Service Act, as
amended by section 301 of this Act, is amended by adding at the end the
following section:
``SEC. 520N. TRAINING GRANTS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, shall award grants to eligible
entities to enable such entities to provide for the training of mental
health professionals with respect to the treatment of individuals who
are victims of disasters.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a) an entity shall--
``(1) be a--
``(A) regional center of excellence; or
``(B) a mental health professional society; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Use of Funds.--An entity that receives a grant under this
section shall use amounts received under the grant to provide for the
training of mental health professionals to enable such professionals to
appropriately diagnose individuals who are the victims of disasters
with respect to their mental health and to provide for the proper
treatment of the mental health needs of such individuals.
``(d) Training Materials and Procedures.--The Director of the
Center for Mental Health Services, in consultation with the Director of
the National Institute of Mental Health, the National Center for Post-
Traumatic Stress Disorder, the International Society for Traumatic
Stress Studies, and the heads of other similar entities, shall develop
training materials and procedures to assist grantees under this
section.
``(e) Definition.--In this section, the term `mental health
professional' includes psychiatrists, psychologists, psychiatric
nurses, mental health counselors, marriage and family therapists,
social workers, pastoral counselors, school psychologists, licensed
professional counselors, school guidance counselors, and any other
individual practicing in a mental health profession that is licensed or
regulated by a State agency.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2002 through 2005.
``(g) Program Management.--In carrying out this section, the
Secretary may use amounts appropriated under subsection (f) for the
administration of the program under this section.''. | Extended Disaster Mental Health Services Act of 2001 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make three-year grants to States and their subdivisions for mental health services in response to public health emergencies, including disease, natural, technological, or terrorism-related disasters and major transportation accidents. Includes post-emergency crisis counseling, outreach, intervention, and extended therapeutic services.Sets forth grant requirements, including the development of a statewide plan and coordination with other governmental programs (including those of the Federal Emergency Management Agency) and providers of mental health services.Authorizes the Secretary to make grants to States to develop their statewide plans, requiring such plans to address the need: (1) for increased capacity for emergency response; (2) of special populations such as children, the elderly, the disabled, and those with pre-existing mental health disorders; and (3) for informing the public and coordinating with other mental health service providers. Requires such plans to designate a primarily responsible State official.Requires the Secretary to establish within the Center for Mental Health Services a National Mental Health Crisis Response Technical Assistance Center to provide technical assistance during emergencies and for developing and implementing plans and policy guidelines. Requires such Center to conduct training and serve as the principal clearinghouse for information concerning the mental health aspects of public health emergencies.Directs the Secretary to award grants for training mental health professionals to treat individuals who are victims of disasters. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a program of grants to States and political subdivisions of States for the provision of mental health services in response to public health emergencies, including disasters resulting from terrorism, and for other purposes."} | 3,186 | 316 | 0.655229 | 1.692385 | 0.863002 | 2.893238 | 10.569395 | 0.907473 |
SECTION 1. LIMITATION ON DISCRIMINATORY TAXATION OF NATURAL GAS
PIPELINE PROPERTY.
(a) Definitions.--As used in this Act, the following definitions
apply:
(1) Assessment.--The term ``assessment'' means valuation
for a property tax levied by a taxing authority.
(2) Assessment jurisdiction.--The term ``assessment
jurisdiction'' means a geographical area used in determining
the assessed value of property for ad valorem taxation.
(3) Commercial and industrial property.--The term
``commercial and industrial property'' means property
(excluding natural gas pipeline property, public utility
property, and land used primarily for agricultural purposes or
timber growth) devoted to commercial or industrial use and
subject to a property tax levy.
(4) Natural gas pipeline property.--The term ``natural gas
pipeline property'' means all property, real, personal, and
intangible, owned or used by a natural gas pipeline providing
transportation or storage of natural gas subject to the
jurisdiction of the Federal Energy Regulatory Commission.
(5) Public utility property.--The term ``public utility
property'' means property (excluding natural gas pipeline
property) that is devoted to public service and is owned or
used by any entity that performs a public service and is
regulated by any governmental agency.
SEC. 2. DISCRIMINATORY ACTS.
(a) In General.--The acts specified in subsection (b) unreasonably
burden and discriminate against interstate commerce.
(b) Discriminatory Acts.--A State, subdivision of a State,
authority acting for a State or subdivision of a State, or any other
taxing authority (including a taxing jurisdiction and a taxing
district) may not do any of the following:
(1) Assessments.--Assess natural gas pipeline property at a
value that has a higher ratio to the true market value of the
natural gas pipeline property than the ratio that the assessed
value of commercial and industrial property in the same
assessment jurisdiction has to the true market value of such
commercial and industrial property.
(2) Assessment taxes.--Levy or collect a tax on an
assessment that may not be made under paragraph (1).
(3) Ad valorem taxes.--Levy or collect an ad valorem
property tax on natural gas pipeline property at a tax rate
that exceeds the tax rate applicable to commercial and
industrial property in the same assessment jurisdiction.
(4) Other taxes.--Impose any other tax that discriminates
against a natural gas pipeline providing transportation or
storage of natural gas subject to the jurisdiction of the
Federal Energy Regulatory Commission.
SEC. 3. JURISDICTION OF COURTS; RELIEF.
(a) Grant of Jurisdiction.--Notwithstanding section 1341 of title
28, United States Code, and notions of comity, and without regard to
the amount in controversy or citizenship of the parties, a district
court of the United States shall have jurisdiction, concurrent with
other jurisdiction of the courts of the United States, of States, and
of all other taxing authorities and taxing jurisdictions, to prevent a
violation of this Act.
(b) Relief in General.--Except as provided in subsection (c),
relief may be granted under this Act only if the ratio of assessed
value to true market value of natural gas pipeline property exceeds by
at least 5 percent the ratio of assessed value to true market value of
other commercial and industrial property in the same assessment
jurisdiction.
(c) Other Relief.--If the ratio of the assessed value of other
commercial and industrial property in the assessment jurisdiction to
the true market value of all other commercial and industrial property
cannot be determined to the satisfaction of the court through the
random-sampling method known as a sales assessment ratio study (to be
carried out under statistical principles applicable to such a study),
each of the following shall be a violation of this Act for which relief
under this Act may be granted:
(1) Assessments.--An assessment of the natural gas pipeline
property at a value that has a higher ratio of assessed value
to the true market value of the natural gas pipeline property
than the ratio of the assessed value of all other property
(excluding public utility property) subject to a property tax
levy in the assessment jurisdiction has to the true market
value of all other property (excluding public utility
property).
(2) Ad valorem taxes.--The collection of an ad valorem
property tax on the natural gas pipeline property at a tax rate
that exceeds the tax rate applicable to all other taxable
property (excluding public utility property) in the taxing
jurisdiction. | Describes the following as acts that unreasonably burden and discriminate against interstate commerce, and prohibits States, political subdivisions, and any other taxing authority from: (1) assessing natural gas pipeline property at a value that has a higher ratio to its true market value than the ratio used to assess other commercial and industrial property in the same assessment jurisdiction; (2) levying or collecting a tax on such an assessment; (3) levying or collecting an ad valorem property tax on natural gas pipeline property at a rate that exceeds the rate applicable to commercial and industrial property in the same assessment jurisdiction; or (4) imposing any other tax that discriminates against a natural gas pipeline providing transportation or storage of natural gas subject to the jurisdiction of the Federal Energy Regulatory Commission.
Grants jurisdiction to U.S. District Courts and provides for specified relief for claims of discriminatory taxation of natural gas pipeline property. | {"src": "billsum_train", "title": "A bill to prevent certain discriminatory taxation of natural gas pipeline property."} | 1,024 | 199 | 0.746106 | 2.104102 | 1.276972 | 4.352941 | 5.317647 | 0.894118 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Lending Enhancement
Act of 1995''.
SEC. 2. REDUCED LEVEL OF PARTICIPATION IN GUARANTEED LOANS.
Section 7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)) is
amended to read as follows:
``(2) Level of participation in guaranteed loans.--
``(A) In general.--Except as provided in subparagraph (B),
in an agreement to participate in a loan on a deferred basis
under this subsection (including a loan made under the
Preferred Lenders Program), such participation by the
Administration shall be equal to--
``(i) 75 percent of the balance of the financing
outstanding at the time of disbursement of the loan, if
such balance exceeds $100,000; or
``(ii) 80 percent of the balance of the financing
outstanding at the time of disbursement of the loan, if
such balance is less than or equal to $100,000.
``(B) Reduced participation upon request.--
``(i) In general.--The guarantee percentage specified
by subparagraph (A) for any loan under this subsection may
be reduced upon the request of the participating lender.
``(ii) Prohibition.--The Administration shall not use
the guarantee percentage requested by a participating
lender under clause (i) as a criterion for establishing
priorities in approving loan guarantee requests under this
subsection.
``(C) Interest rate under preferred lenders program.--
``(i) In general.--The maximum interest rate for a loan
guaranteed under the Preferred Lenders Program shall not
exceed the maximum interest rate, as determined by the
Administration, applicable to other loans guaranteed under
this subsection.
``(ii) Preferred lenders program defined.--For purposes
of this subparagraph, the term `Preferred Lenders Program'
means any program established by the Administrator, as
authorized under the proviso in section 5(b)(7), under
which a written agreement between the lender and the
Administration delegates to the lender--
``(I) complete authority to make and close loans
with a guarantee from the Administration without
obtaining the prior specific approval of the
Administration; and
``(II) authority to service and liquidate such
loans.''.
SEC. 3. GUARANTEE FEES.
(a) Amount of Fees.--Section 7(a)(18) of the Small Business Act (15
U.S.C. 636(a)(18)) is amended to read as follows:
``(18) Guarantee fees.--
``(A) In general.--With respect to each loan guaranteed
under this subsection (other than a loan that is repayable in 1
year or less), the Administration shall collect a guarantee
fee, which shall be payable by the participating lender and may
be charged to the borrower, in an amount equal to the sum of--
``(i) 3 percent of the amount of the deferred
participation share of the loan that is less than or equal
to $250,000;
``(ii) if the deferred participation share of the loan
exceeds $250,000, 3.5 percent of the difference between--
``(I) $500,000 or the total deferred participation
share of the loan, whichever is less; and
``(II) $250,000; and
``(iii) if the deferred participation share of the loan
exceeds $500,000, 3.875 percent of the difference between--
``(I) the total deferred participation share of the
loan; and
``(II) $500,000.
``(B) Exception for certain loans.--Notwithstanding
subparagraph (A), if the total deferred participation share of
a loan guaranteed under this subsection is less than or equal
to $80,000, the guarantee fee collected under subparagraph (A)
shall be in an amount equal to 2 percent of the total deferred
participation share of the loan.''.
(b) Repeal of Provisions Allowing Retention of Fees by Lenders.--
Section 7(a)(19) of the Small Business Act (15 U.S.C. 636(a)(19)) is
amended--
(1) in subparagraph (B)--
(A) by striking ``shall (i) develop'' and inserting ``shall
develop''; and
(B) by striking ``, and (ii)'' and all that follows through
the end of the subparagraph and inserting a period; and
(2) by striking subparagraph (C).
SEC. 4. ESTABLISHMENT OF ANNUAL FEE.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended by adding at the end the following new paragraph:
``(23) Annual fee.--
``(A) In general.--With respect to each loan guaranteed
under this subsection, the Administration shall, in accordance
with such terms and procedures as the Administration shall
establish by regulation, assess and collect an annual fee in an
amount equal to 0.5 percent of the outstanding balance of the
deferred participation share of the loan.
``(B) Payer.--The annual fee assessed under subparagraph
(A) shall be payable by the participating lender and shall not
be charged to the borrower.''.
(b) Conforming Amendment.--Section 5(g)(4)(A) of the Small Business
Act (15 U.S.C. 634(g)(4)(A)) is amended--
(1) by striking the first sentence and inserting the following:
``The Administration may collect a fee for any loan guarantee sold
into the secondary market under subsection (f) in an amount equal
to not more than 50 percent of the portion of the sale price that
exceeds 110 percent of the outstanding principal amount of the
portion of the loan guaranteed by the Administration.''; and
(2) by striking ``fees'' each place such term appears and
inserting ``fee''.
SEC. 5. NOTIFICATION REQUIREMENT.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended by adding at the end the following new paragraph:
``(24) Notification requirement.--The Administration shall
notify the Committees on Small Business of the Senate and the House
of Representatives not later than 15 days before making any
significant policy or administrative change affecting the operation
of the loan program under this subsection.''.
SEC. 6. DEVELOPMENT COMPANY DEBENTURES.
Section 503(b) of the Small Business Investment Act of 1958 (15
U.S.C. 697(b)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) with respect to each loan made from the proceeds of such
debenture, the Administration--
``(A) assesses and collects a fee, which shall be payable
by the borrower, in an amount equal to 0.125 percent per year
of the outstanding balance of the loan; and
``(B) uses the proceeds of such fee to offset the cost (as
such term is defined in section 502 of the Federal Credit
Reform Act of 1990) to the Administration of making guarantees
under subsection (a).''.
SEC. 7. PILOT PREFERRED SURETY BOND GUARANTEE PROGRAM EXTENSION.
Section 207 of the Small Business Administration Reauthorization
and Amendment Act of 1988 (15 U.S.C. 694b note) is amended by striking
``September 30, 1995'' and inserting ``September 30, 1997''.
SEC. 8. APPLICABILITY.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act do not apply with respect to any loan made
or guaranteed under the Small Business Act or the Small Business
Investment Act of 1958 before the date of enactment of this Act.
(b) Exceptions.--The amendments made by this Act apply to a loan
made or guaranteed under the Small Business Act or the Small Business
Investment Act of 1958 before the date of enactment of this Act, if the
loan is refinanced, extended, restructured, or renewed on or after the
date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Small Business Lending Enhancement Act of 1995 - Amends the Small Business Act to reduce the level of participation by the Small Business Administration (SBA) in loans guaranteed under the Act on a deferred basis to: (1) 75 percent of the outstanding balance, if the balance exceeds $100,000; and (2) 80 percent of such balance, for balances less than or equal to $100,000. Allows such percentages to be reduced upon request of the participating lender. Prohibits the SBA from using the percentage requested as a criterion for establishing priorities in approving guarantee requests. Limits the maximum interest rate under the Preferred Lenders Program to that charged for other loan guarantees under the Act.
Increases the loan guarantee fees authorized to be charged by the SBA on all guaranteed loans payable over a period in excess of one year. Establishes a fee of two percent of the total deferred participation share of loans of $80,000 or less. Repeals provisions allowing participating lenders providing loans of less than $75,000 to retain a portion of the loan guarantee fee charged by the SBA.
Directs the SBA to assess and collect an annual fee, to be payable by the participating lender and not charged to the borrower, in an aggregate amount equal to 0.5 percent of the outstanding balance of the deferred participation share of the loan.
Directs the SBA to notify the congressional small business committees at least 15 days before making any significant policy or administrative change affecting the operation of the SBA loan program.
Amends the Small Business Investment Act of 1958 to direct the SBA, with respect to each guaranteed loan made from the proceeds of development company debentures issued by qualified State or local development companies, to: (1) assess and collect a fee for such loan, payable by the borrower; and (2) use the fee proceeds to offset the cost of making such loan guarantees.
Amends the Small Business Administration Reauthorization and Amendment Act of 1988 to extend through FY 1997 the preferred surety bond guarantee pilot program. | {"src": "billsum_train", "title": "Small Business Lending Enhancement Act of 1995"} | 1,956 | 433 | 0.680756 | 2.333369 | 0.839149 | 3.147287 | 4.307494 | 0.873385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Choice and Deregulation Act of
2015''.
SEC. 2. ALTERNATIVE FUELS.
(a) Aftermarket Conversions of Motor Vehicles to Alternative
Fuel.--Section 203 of the Clean Air Act (42 U.S.C. 7522) is amended by
adding at the end the following:
``(c) Older Vehicles.--
``(1) In general.--The aftermarket conversion of a vehicle
to alternative fuel operation shall not--
``(A) be considered tampering under this section if
the aftermarket conversion system manufacturer or the
person performing the conversion is able to demonstrate
that the development and engineering sophistication of
the conversion technology is--
``(i) matched to an appropriate vehicle or
group of vehicles; and
``(ii) well-designed and installed in
accordance with good engineering judgment so
that the aftermarket conversion system does not
degrade emission performance, as compared to
the performance of the vehicle or vehicles
before the conversion; or
``(B) require the issuance by the Administrator of
any certificate of conformity.
``(2) Label.--The person performing a conversion described
in paragraph (1) shall affix a label to the motor vehicle
stating that--
``(A) the vehicle has been equipped with an
aftermarket conversion system; and
``(B) the installation of that system occurred
after the initial sale of the vehicle.
``(3) No preclusion of orders.--Nothing in this subsection
may be construed to preclude the Administrator from issuing an
order to prohibit the manufacture, sale, distribution, or
installation of an aftermarket conversion system if the
Administrator has evidence that the installation of the
aftermarket conversion system on a vehicle degrades emission
performance.''.
(b) Biomass Fuels.--Section 211 of the Clean Air Act (42 U.S.C.
7545) is amended by adding at the end the following:
``(w) Biomass Fuels.--Notwithstanding any other provision of this
Act, the Administrator may not prohibit or control biomass fuel (as
defined in section 203 of the Biomass Energy and Alcohol Fuels Act of
1980 (42 U.S.C. 8802)) under this Act.''.
SEC. 3. CALCULATION OF AVERAGE FUEL ECONOMY.
(a) Definitions.--Section 32901(a) of title 49, United States Code,
is amended--
(1) by redesignating paragraphs (13) through (19) as
paragraphs (19) through (25);
(2) by redesignating paragraphs (11) and (12) as paragraphs
(16) and (17), respectively;
(3) by redesignating paragraph (10) as paragraph (13);
(4) by redesignating paragraphs (7), (8), and (9) as
paragraphs (8), (9), and (10), respectively;
(5) by inserting after paragraph (6) the following:
``(7) `biodiesel'--
``(A) means liquid fuel derived from biomass that
meets--
``(i) the registration requirements for
fuels and fuel additives established by the
Environmental Protection Agency under section
211 of the Clean Air Act (42 U.S.C. 7545); and
``(ii) the requirements of the ASTM
Standard D6751; and
``(B) does not include any liquid with respect to
which a credit may be determined under section 40 of
the Internal Revenue Code of 1986.'';
(6) by inserting after paragraph (10), as redesignated, the
following:
``(11) `E85' means a fuel mixture that--
``(A) contains between 51 and 83 percent ethanol;
and
``(B) meets the specifications of the ASTM Standard
D5798.;
``(12) `flexible fuel vehicle' means a vehicle that has
been warranted to operate on gasoline, E85, and M85.'';
(7) by inserting after paragraph (13), as redesignated, the
following:
``(14) `fuel choice enabling manufacturer' means a
manufacturer whose total fleet of automobiles manufactured for
the most recent model year for sale in the United States
contains at least 50 percent fuel choice enabling vehicles.
``(15) `fuel choice enabling vehicle' means an automobile
that--
``(A) has been warranted to operate on natural gas,
hydrogen, propane, or at least 20 percent biodiesel;
``(B) is a flexible fuel vehicle;
``(C) is a plug-in electric drive vehicle;
``(D) is propelled by a fuel cell that can produce
power without the use of petroleum or a petroleum-based
fuel; or
``(E)(i) is propelled by something other than an
internal combustion engine; and
``(ii) is warranted to operate on something other
than petroleum-based fuel.'';
(8) by inserting after paragraph (17), as redesignated, the
following:
``(18) `M85' means a fuel mixture that--
``(A) contains up to 85 percent methanol; and
``(B) meets the specifications of the ASTM
International Standard D5797.''; and
(9) by inserting after paragraph (25), as redesignated, the
following:
``(26) `plug-in electric drive vehicle' has the meaning
given such term in section 508(a) of the Energy Policy Act of
1992 (42 U.S.C. 13258(a)).''.
(b) Fuel Choice Enabling Manufacturers.--Chapter 329 of title 49,
United States Code, is amended--
(1) in section 32902, by adding at the end the following:
``(l) Deemed Compliance With the Clean Air Act.--If a fuel choice
enabling manufacturer is in compliance with all applicable standards
prescribed under this section for model year 2016 or any subsequent
model year, the automobiles manufactured by such manufacturer in such
model year are deemed to be in compliance with all applicable
greenhouse gas regulations established by the Environmental Protection
Agency pursuant to section 202 of the Clean Air Act (42 U.S.C.
7521).'';
(2) in section 32903(a), by amending paragraph (2) to read
as follows:
``(2) any of the 5 consecutive model years immediately
after the model year for which the credits are earned, to the
extent that such credits are not used under paragraph (1);'';
and
(3) in section 32904--
(A) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(B) by inserting after subsection (c) the
following:
``(d) Average Fuel Economy Bonus for Fuel Choice Enabling
Manufacturers.--The average fuel economy of a fuel choice enabling
manufacturer for a model year is the sum of--
``(1) the average fuel economy of such manufacturer for
such model year, as otherwise calculated pursuant to this
section; and
``(2) 8 miles per gallon.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to automobiles manufactured for model year 2016 or
for any subsequent model year.
SEC. 4. EQUALIZATION OF EXCISE TAX ON LIQUEFIED NATURAL GAS AND PER
ENERGY EQUIVALENT OF DIESEL.
(a) In General.--Section 4041(a)(2) of the Internal Revenue Code of
1986 is amended--
(1) in subparagraph (B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii)--
(i) by striking ``liquefied natural gas,'';
(ii) by striking ``peat), and'' and
inserting ``peat) and''; and
(iii) by striking the period at the end and
inserting ``, and''; and
(C) by adding at the end the following new clause:
``(iii) in the case of liquefied natural
gas, 24.3 cents per energy equivalent of a
gallon of diesel.''; and
(2) by adding at the end the following:
``(C) Energy equivalent of a gallon of diesel.--For
purposes of this paragraph, the term `energy equivalent
of a gallon of diesel' means, with respect to a
liquefied natural gas fuel, the amount of such fuel
having a Btu content of 128,700 (lower heating value).
``(D) Administrative provisions.--For purposes of
applying this title with respect to the taxes imposed
by this subsection, references to any liquid subject to
tax under this subsection shall be treated as including
references to liquefied natural gas subject to tax
under this paragraph.''.
(b) Effective Date.--The amendments made by this section shall
apply to any sale or use of liquefied natural gas after the date that
is 14 days after the date of the enactment of this Act.
SEC. 5. ETHANOL WAIVER.
Section 211(h)(4) of the Clean Air Act (42 U.S.C. 7545(h)(4)) is
amended--
(1) in the matter preceding subparagraph (A), by inserting
``or more'' after ``10 percent''; and
(2) in subparagraph (C), by striking ``additional alcohol
or''. | Fuel Choice and Deregulation Act of 2015 This bill amends the Clean Air Act to revise provisions concerning alternative fuel. Currently, a change to the original configuration of a certified vehicle or engine, including alternative fuel conversion, may be a potential violation of the Act's prohibition against tampering with devices used to control emissions from vehicles. The bill prohibits the aftermarket conversion of a vehicle to alternative fuel operation from: (1) being considered tampering under the Act if the conversion technology is matched to an appropriate vehicle and does not degrade emission performance, or (2) requiring the issuance by the Environmental Protection Agency (EPA) of any certificate of conformity. The bill also establishes labelling requirements for an aftermarket conversion. The EPA may not prohibit or control biomass fuel under the Act. Biomass fuel is produced by conversion of certain organic matter which is available on a renewable basis. If a fuel choice enabling manufacturer (certain manufacturers of vehicles that operate with alternative fuels) is in compliance with applicable fuel economy standards, the vehicles it makes are deemed to be in compliance with greenhouse gas regulations established by the EPA under the Act. The requirements governing the calculation of average fuel economy are revised, including by giving an average fuel economy bonus for those manufacturers. The bill amends the Internal Revenue Code to adjust the excise tax on liquefied natural gas to 24.3 cents per energy equivalent of a gallon of diesel. The Clean Air Act places Reid vapor pressure limitations, or gasoline volatility limits, on gasoline during the summer ozone season. Gasoline blended with 10% ethanol may exceed this limitation by a certain amount under the Act. The bill extends this waiver to gasoline blended with more than 10% ethanol. | {"src": "billsum_train", "title": "Fuel Choice and Deregulation Act of 2015"} | 2,132 | 376 | 0.636953 | 1.987504 | 0.746225 | 2.328173 | 5.922601 | 0.79257 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Small Business
Credit Card Act of 2018''.
(b) Findings.--The Congress finds as follows:
(1) Economic growth has frequently been led by the creation
of millions of new, small businesses.
(2) Today, small business owners are severely limited in
their ability to finance new business ventures because access
to capital through traditional resources has been restricted.
(3) In 2017, 27 percent of small businesses surveyed cannot
access adequate financing.
(4) Small businesses are being pushed into using credit
cards to meet capital needs.
(5) This use of credit cards is especially true for
innovative and rapidly growing businesses which lack the assets
necessary for a traditional loan.
(6) In 2017, 20 percent of small businesses say they were
forced to reduce their number of employees as a result of
inability to access financing.
(7) In 2017, 31 percent of the small businesses surveyed
used credit cards to meet their capital needs.
(8) In 1993, only 16 percent of small businesses used
credit cards as a source of financing.
(9) One-half of small businesses using a credit card carry
a monthly balance, and one-quarter of small businesses carry a
monthly balance in excess of $10,000.
(10) The average interest rate charged on small business
credit cards is 14.16 percent.
(11) Nearly one-in-three small businesses with credit cards
have reported a worsening of terms, including increased
interest rates, fees, and payment procedures, making it more
difficult to expand operations or grow business.
(12) Small business credit cards contracts do not include
consumer protections provided to individuals under the CARD
Act.
SEC. 2. EXTENDING CREDIT CARD PROTECTIONS UNDER THE TRUTH IN LENDING
ACT TO SMALL BUSINESSES.
(a) Definition of Consumer.--Section 103(i) of the Truth in Lending
Act (15 U.S.C. 1602(i)) is amended--
(1) by striking ``The adjective `consumer', used with
reference to a credit transaction, characterizes the
transaction as one in which the party to whom credit is offered
or extended is'' and inserting ``Consumer.--
``(1) In general.--Except as provided in paragraph (2), the
term `consumer', when used as an adjective to describe or
modify a credit transaction or credit plan, means a transaction
or credit plan under which credit is offered or extended to'';
and
(2) by adding at the end the following new paragraph:
``(2) Small business included under certain
circumstances.--
``(A) In general.--For purposes of any provision of
this title relating to a credit card account under an
open end credit plan, the term `consumer' includes any
qualified small business.
``(B) Qualified small business.--For purposes of
subparagraph (A), the term `qualified small business'
means, with respect to any credit card account under an
open end credit plan, any business concern having 50 or
fewer employees, whether or not--
``(i) the credit card account is in the
name of an individual or a business entity; and
``(ii) any credit transaction involving
such account is for business or personal
purposes.
``(C) Exclusion of small business after `opt out'
effective date.--The term `qualified small business'
shall not include any business concern described in
subparagraph (A) after the effective date of any
election under section 135(b) by the individual or
business for which the credit card account referred to
in such subparagraph has been established, so long as
such election remains in effect.''.
(b) Amendments to Exemptions.--Section 104(1) of the Truth in
Lending Act (15 U.S.C. 1603(1)) is amended--
(1) by inserting ``other than a credit transaction under an
open end consumer credit plan in which the consumer is a
qualified small business'' after ``agricultural purposes''; and
(2) by inserting ``other than qualified small businesses''
after ``organizations''.
(c) Business Credit Card Amendments.--Section 135 of the Truth in
Lending Act (15 U.S.C. 1645) is amended--
(1) by striking ``The exemption provided by'' and inserting
``(a) In General.--The exemption provided by''; and
(2) by adding at the end the following new subsection:
``(b) Qualified Small Business Opt Out From Coverage.--
``(1) Notice of coverage.--The disclosures under section
127(a) before opening a credit card account under an open end
credit plan for a qualified small business shall include a
clear and conspicuous disclosure--
``(A) that the qualified small business is treated
as a consumer under this title and is subject to the
requirements of this title as a consumer;
``(B) that the business may elect, in accordance
with this subsection, to be exempt, under section
104(1), from this title to the same extent as any
business other than a qualified small business; and
``(C) of the procedures for making the election and
for subsequently revoking any such election.
``(2) Election.--The Board shall prescribe procedures for
making an effective election under this subsection and for
revoking any such election.
``(3) Prohibition on discrimination against qualified small
business.--No creditor may--
``(A) discriminate against any business concern
having 50 or fewer employees in connection with any
credit card account of, or any application for a credit
card account by such business, under an open end credit
plan on any basis; or
``(B) require any qualified small business to make
an election under this subsection as a condition for
opening a credit card account, or for providing more
advantageous terms for any credit card account, under
an open end credit plan.''. | Small Business Credit Card Act of 2018 This bill amends the Truth in Lending Act to extend to qualified small businesses credit card protections currently provided to consumers, including limitations and disclosures regarding fees and interest rates. The bill defines "qualified small business" as any business concern having 50 or fewer employees, whether or not: (1) the credit card account is in the name of an individual or a business entity, and (2) any credit transaction involving such account is for business or personal purposes. A qualified small business may elect to opt out of such coverage. A creditor is prohibited from: (1) discriminating against a qualified small business in connection with any credit card account; or (2) requiring any qualified small business to make an opt-out election as a condition for opening a credit card account, or for providing more advantageous terms for such an account. | {"src": "billsum_train", "title": "Small Business Credit Card Act of 2018"} | 1,329 | 181 | 0.526659 | 1.630665 | 0.775316 | 3.537572 | 7.138728 | 0.890173 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Infrastructure and Technology
Modernization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Customs and Border Protection of
the Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an entity
located in Mexico that assembles and produces goods from
imported parts for export to the United States.
(3) Northern border.--The term ``northern border'' means
the international border between the United States and Canada.
(4) Southern border.--The term ``southern border'' means
the international border between the United States and Mexico.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Border and Transportation Security of
the Department of Homeland Security.
SEC. 3. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY
PERSONNEL.
(a) Inspectors and Agents.--
(1) Increase in inspectors and agents.--During each of
fiscal years 2004 through 2008, the Under Secretary shall--
(A) increase the number of full-time agents and
associated support staff in the Bureau of Immigration
and Customs Enforcement of the Department of Homeland
Security by the equivalent of at least 100 more than
the number of such employees in the Bureau as of the
end of the preceding fiscal year; and
(B) increase the number of full-time inspectors and
associated support staff in the Bureau of Customs and
Border Protection by the equivalent of at least 200
more than the number of such employees in the Bureau as
of the end of the preceding fiscal year.
(2) Waiver of fte limitation.--The Under Secretary is
authorized to waive any limitation on the number of full-time
equivalent personnel assigned to the Department of Homeland
Security to fulfill the requirements of paragraph (1).
(b) Training.--The Under Secretary shall provide appropriate
training for agents, inspectors, and associated support staff on an
ongoing basis to utilize new technologies and to ensure that the
proficiency levels of such personnel are acceptable to protect the
borders of the United States.
SEC. 4. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.
(a) Requirement To Update.--Not later than January 31 of each year,
the Administrator of General Services shall update the Port of Entry
Infrastructure Assessment Study prepared by the United States Customs
Service, the Immigration and Naturalization Service, and the General
Services Administration in accordance with the matter relating to the
ports of entry infrastructure assessment that is set out in the joint
explanatory statement in the conference report accompanying H.R. 2490
of the 106th Congress, 1st session (House of Representatives Rep. No.
106-319, on page 67) and submit such updated study to Congress.
(b) Consultation.--In preparing the updated studies required in
subsection (a), the Administrator of General Services shall consult
with the Director of the Office of Management and Budget, the Under
Secretary, and the Commissioner.
(c) Content.--Each updated study required in subsection (a) shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 5; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project to--
(A) fulfill immediate security requirements; and
(B) facilitate trade across the borders of the
United States.
(d) Project Implementation.--The Commissioner shall implement the
infrastructure and technology improvement projects described in
subsection (c) in the order of priority assigned to each project under
paragraph (3) of such subsection.
(e) Divergence From Priorities.--The Commissioner may diverge from
the priority order if the Commissioner determines that significantly
changed circumstances, such as immediate security needs or changes in
infrastructure in Mexico or Canada, compellingly alter the need for a
project in the United States.
SEC. 5. NATIONAL LAND BORDER SECURITY PLAN.
(a) Requirement for Plan.--Not later than January 31 of each year,
the Under Secretary shall prepare a National Land Border Security Plan
and submit such plan to Congress.
(b) Consultation.--In preparing the plan required in subsection
(a), the Under Secretary shall consult with the Under Secretary for
Information Analysis and Infrastructure Protection and the Federal,
State, and local law enforcement agencies and private entities that are
involved in international trade across the northern border or the
southern border.
(c) Vulnerability Assessment.--
(1) In general.--The plan required in subsection (a) shall
include a vulnerability assessment of each port of entry
located on the northern border or the southern border.
(2) Port security coordinators.--The Under Secretary may
establish 1 or more port security coordinators at each port of
entry located on the northern border or the southern border--
(A) to assist in conducting a vulnerability
assessment at such port; and
(B) to provide other assistance with the
preparation of the plan required in subsection (a).
SEC. 6. EXPANSION OF COMMERCE SECURITY PROGRAMS.
(a) Customs-Trade Partnership Against Terrorism.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commissioner, in consultation with
the Under Secretary, shall develop a plan to expand the size
and scope (including personnel needs) of the Customs-Trade
Partnership Against Terrorism programs along the northern
border and southern border, including--
(A) the Business Anti-Smuggling Coalition;
(B) the Carrier Initiative Program;
(C) the Americas Counter Smuggling Initiative;
(D) the Container Security Initiative;
(E) the Free and Secure Trade Initiative; and
(F) other Industry Partnership Programs
administered by the Commissioner.
(2) Southern border demonstration program.--Not later than
180 days after the date of enactment of this Act, the
Commissioner shall establish a demonstration program along the
southern border for the purpose of implementing at least one
Customs-Trade Partnership Against Terrorism program along that
border. The Customs-Trade Partnership Against Terrorism program
selected for the demonstration program shall have been
successfully implemented along the northern border as of the
date of enactment of this Act.
(b) Maquiladora Demonstration Program.--Not later than 180 days
after the date of enactment of this Act, the Commissioner shall
establish a demonstration program to develop a cooperative trade
security system to improve supply chain security.
SEC. 7. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
(a) Establishment.--The Under Secretary shall carry out a
technology demonstration program to test and evaluate new port of entry
technologies, refine port of entry technologies and operational
concepts, and train personnel under realistic conditions.
(b) Technology and Facilities.--
(1) Technology tested.--Under the demonstration program,
the Under Secretary shall test technologies that enhance port
of entry operations, including those related to inspections,
communications, port tracking, identification of persons and
cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass destruction.
(2) Facilities developed.--At a demonstration site selected
pursuant to subsection (c)(2), the Under Secretary shall
develop facilities to provide appropriate training to law
enforcement personnel who have responsibility for border
security, including cross-training among agencies, advanced law
enforcement training, and equipment orientation.
(c) Demonstration Sites.--
(1) Number.--The Under Secretary shall carry out the
demonstration program at not less than 3 sites and not more
than 5 sites.
(2) Selection criteria.--To ensure that at least 1 of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration program,
has a traffic volume low enough to easily incorporate new
technologies without interrupting normal processing activity,
and can efficiently carry out demonstration and port of entry
operations, at least 1 port of entry selected as a
demonstration site shall--
(A) have been established not more than 15 years
before the date of enactment of this Act;
(B) consist of not less than 65 acres, with the
possibility of expansion onto not less than 25 adjacent
acres; and
(C) have serviced an average of not more than
50,000 vehicles per month in the 12 full months
preceding the date of enactment of this Act.
(d) Relationship With Other Agencies.--The Under Secretary shall
permit personnel from an appropriate Federal or State agency to utilize
a demonstration site described in subsection (c) to test technologies
that enhance port of entry operations, including those related to
inspections, communications, port tracking, identification of persons
and cargo, sensory devices, personal detection, decision support, and
the detection and identification of weapons of mass destruction.
(e) Report.--
(1) Requirement.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Under
Secretary shall submit to Congress a report on the activities
carried out at each demonstration site under the technology
demonstration program established under this section.
(2) Content.--The report shall include an assessment by the
Under Secretary of the feasibility of incorporating any
demonstrated technology for use throughout the Bureau of
Customs and Border Protection.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to any funds otherwise available,
there are authorized to be appropriated--
(1) to carry out the provisions of section 3, such sums as
may be necessary for the fiscal years 2004 through 2008;
(2) to carry out the provisions of section 4--
(A) to carry out subsection (a) of such section,
such sums as may be necessary for the fiscal years 2004
through 2008; and
(B) to carry out subsection (d) of such section--
(i) $100,000,000 for each of the fiscal
years 2004 through 2008; and
(ii) such sums as may be necessary in any
succeeding fiscal year;
(3) to carry out the provisions of section 6--
(A) to carry out subsection (a) of such section--
(i) $30,000,000 for fiscal year 2004, of
which $5,000,000 shall be made available to
fund the demonstration project established in
paragraph (2) of such subsection; and
(ii) such sums as may be necessary for the
fiscal years 2005 through 2008; and
(B) to carry out subsection (b) of such section--
(i) $5,000,000 for fiscal year 2004; and
(ii) such sums as may be necessary for the
fiscal years 2005 through 2008; and
(4) to carry out the provisions of section 7, provided that
not more than $10,000,000 may be expended for technology
demonstration program activities at any 1 port of entry
demonstration site in any fiscal year--
(A) $50,000,000 for fiscal year 2004; and
(B) such sums as may be necessary for each of the
fiscal years 2005 through 2008.
(b) International Agreements.--Funds authorized in this Act may be
used for the implementation of projects described in the Declaration on
Embracing Technology and Cooperation to Promote the Secure and
Efficient Flow of People and Commerce across our Shared Border between
the United States and Mexico, agreed to March 22, 2002, Monterrey,
Mexico (commonly known as the Border Partnership Action Plan) or the
Smart Border Declaration between the United States and Canada, agreed
to December 12, 2001, Ottawa, Canada that are consistent with the
provisions of this Act. | Border Infrastructure and Technology Modernization Act - Directs the Under Secretary for Border and Transportation Security of the Department of Homeland Security to: (1) make specified personnel increases in the Department of Homeland Security's Bureaus of Immigration and Customs Enforcement, and Customs and Border Protection, respectively; (2) prepare an annual National Land Border Security Plan, which shall include a vulnerability assessment of each port of entry on the northern or southern border, and may provide for port security coordinators; and (3) carry out a three-to-five-site port of entry demonstration program.Directs the Administrator of General Services to make annual updates to the Port of Entry Infrastructure Assessment Study.Directs the Commissioner of the Bureau of Customs and Border Protection to: (1) develop an expansion plan for the Customs-Trade Partnership Against Terrorism programs along the northern and southern borders, including the Business Anti-Smuggling Coalition, the Carrier Initiative Program, the Americas Counter Smuggling Initiative, the Container Security Initiative, the Free and Secure Trade Initiative, and other Industry Partnership programs; (2) establish a Partnership demonstration program along the southern border; and (3) establish a demonstration program for a cooperative trade security system with respect to entities (maquiladora) in Mexico that assemble and produce goods from imported parts for export to the United States.Authorizes specified appropriations. | {"src": "billsum_train", "title": "To authorize appropriations for border and transportation security personnel and technology, and for other purposes."} | 2,549 | 288 | 0.635904 | 1.730338 | 0.78533 | 3.573643 | 9.213178 | 0.922481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Outsourcing Security Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States Government is increasingly relying on
armed private security contractors to perform mission-critical
and emergency essential functions that historically have been
performed by United States military or Government personnel.
(2) In August 2008, the Congressional Budget Office
estimated that there were approximately 190,000 contractors
operating in Iraq, and between 25,000 and 30,000 of these were
private security contractors.
(3) As of September 2009, the Department of Defense had
approximately 218,000 contract employees operating in Iraq and
Afghanistan, as compared to 195,000 members of the United
States Armed Forces operating in these two theaters of war.
(4) As of June 2009, the Department of Defense had deployed
over 13,000 armed private security contractors in Iraq and over
5,000 in Afghanistan, an increase from 10,743 and 4,111,
respectively, in March 2009.
(5) As of February 28, 2009, the Department of State used
3,321 armed private security contractors in Iraq and 689 in
Afghanistan.
(6) In September 2009, photos surfaced showing individuals
hired by ArmorGroup North America, which was awarded a contract
by the Department of State to provide security at the United
States embassy in Kabul, engaging in lewd and drunken sexual
conduct and hazing.
(7) There is evidence that ArmorGroup North America, and
its parent company Wackenhut Services, had previously ignored
repeated reports of misconduct by its employees in Kabul.
(8) The Department of State issued numerous formal notices
to ArmorGroup North America regarding performance deficiencies,
and in March 2009 wrote to the company expressing ``grave
concern'' about the short-staffing of guard posts.
(9) In May 2009, four men employed as military trainers for
Paravant LLC, a Blackwater affiliate, fired on a civilian
vehicle in Kabul, killing one Afghan and wounding two others.
(10) On September 16, 2007, individuals hired by the
company then known as Blackwater USA opened fire on Baghdad's
Nisour Square, killing 17 Iraqis and wounding at least 20
others.
(11) A Federal judge dismissed criminal charges against the
Blackwater contractors involved in the Nisour Square shooting
after finding that Federal prosecutors misused evidence, a
decision that has been appealed by the Department of Justice.
(12) On October 18, 2007, Secretary of Defense Robert Gates
stated that the work of many contractors in Iraq is ``at cross-
purposes to our larger mission in Iraq,'' and that ``right now
those missions are in conflict''.
(13) On Christmas Eve 2006, Blackwater contractor Andrew
Moonen, while drunk, shot and killed a guard to Iraqi Vice
President Adil Abd-al-Mahdi in the Green Zone, and though Mr.
Moonen lost his job with Blackwater as a result of this
incident, he was promptly hired by Combat Support Associates,
another Department of Defense contractor, and sent to work in
Kuwait.
(14) In the wake of the 2004 killing of four Blackwater
contractors in Fallujah, the families of the men killed filed a
civil suit against the company, alleging that Blackwater failed
to properly equip and man its armored vehicles.
(15) Xe Services, LLC, the company formerly known as
Blackwater, has also faced allegations of weapons smuggling and
improperly licensing firearms.
(16) In 2007, the Committee on Oversight and Government
Reform of the House of Representatives investigated
Blackwater's employment practices and found that the company's
classification of its security guards may have allowed the firm
to avoid paying Social Security, Medicare, and Federal income
and employment taxes.
(17) In response to a request from the Committee on
Oversight and Government Reform of the House of
Representatives, the Inspector General of the Small Business
Administration investigated Blackwater in 2008 and found that
the company may have misrepresented its small business status,
enabling it to qualify for $110,000,000 in government contracts
set aside specifically for small businesses.
(18) Signed affidavits have been filed in a civil lawsuit
against Blackwater that company founder Erik Prince views
himself ``as a Christian crusader tasked with eliminating
Muslims and the Islamic faith from the globe'', that he
knowingly deployed ``demonstrably unfit men'' to Iraq, and that
he used illegal ammunition, including a bullet designed to
explode after entering the human body, among other charges.
(19) In November 2007, a contractor employed by DynCorp
International, LLC, reportedly shot and killed an unarmed taxi
driver who, according to witnesses, posed no threat to the
DynCorp convoy.
(20) A January 2007 report by the Special Inspector General
for Iraq Reconstruction stated that DynCorp billed the United
States for millions of dollars of work that was never
authorized.
(21) In October 2007, an audit report issued by the Special
Inspector General for Iraq Reconstruction stated that the
Department of State ``does not know specifically what it
received for most of the $1,200,000,000 in expenditures under
its DynCorp Contract for the Iraqi Police Training Program''.
(22) Congress does not have complete access to information
about all security contracts, the number of armed private
security contractors working in Iraq, Afghanistan, and other
combat zones, the number of contractors who have died, and any
disciplinary actions taken against contract personnel or
companies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Mission critical or emergency essential functions.--The
term ``mission critical or emergency essential functions''--
(A) means--
(i) activities for which continued
performance is considered essential to support
combat systems and operational activities; or
(ii) activities whose delay, absence, or
failure of performance would significantly
affect the broader success or failure of a
military operation; and
(B) includes--
(i) the provision of protective services;
(ii) the provision of security advice and
planning;
(iii) military and police training;
(iv) repair and maintenance for weapons
systems;
(v) prison administration;
(vi) interrogation; and
(vii) intelligence.
(2) Specified congressional committees.--The term
``specified congressional committees'' means the following
committees:
(A) The Committee on Armed Services, the Committee
on Oversight and Government Reform, the Committee on
Appropriations, the Committee on Foreign Affairs, and
the Permanent Select Committee on Intelligence of the
House of Representatives.
(B) The Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, the
Committee on Appropriations, the Committee on Foreign
Relations, and the Select Committee on Intelligence of
the Senate.
SEC. 4. REQUIREMENT FOR GOVERNMENT PERSONNEL TO PERFORM DIPLOMATIC
SECURITY IN IRAQ AND AFGHANISTAN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall ensure that all personnel at any
United States diplomatic or consular mission in Iraq or Afghanistan are
provided security services only by United States Government personnel.
SEC. 5. REQUIREMENTS RELATING TO CONTRACTORS PERFORMING MISSION
CRITICAL OR EMERGENCY ESSENTIAL FUNCTIONS IN ALL CONFLICT
ZONES IN WHICH CONGRESS HAS AUTHORIZED THE USE OF FORCE.
(a) Report by President.--
(1) Requirement.--Not later than June 1, 2010, the
President shall submit to the specified congressional
committees a report on the status of planning for the
transition away from the use of private contractors for mission
critical or emergency essential functions by January 1, 2011,
in all conflict zones in which Congress has authorized the use
of force.
(2) Additional matters covered.--If the report submitted
under paragraph (1) states that the relevant agencies will not
be able to transition to government and military personnel for
such functions by January 1, 2011, the President shall include
in the report the following:
(A) A statement of the reasons why the relevant
agencies are unable to do so, the date by which they
will be able to do so, and the plan to ensure that they
will be able to do so by that date.
(B) A certification that--
(i) all contract employees have undergone
background checks to ensure that they do not
have criminal records and have not been accused
of human rights abuses;
(ii) no contract employees are subject to
pending criminal charges;
(iii) all contract employees are under the
jurisdiction of section 3261 of title 18,
United States Code (relating to military
extraterritorial jurisdiction);
(iv) contract employees, if accused of
crimes by the host country, must remain in
United States custody; and
(v) contracts include whistleblower
protections for employees to provide good faith
information to management, government agencies,
and Congress of any contract violations, human
rights abuses, or criminal actions.
(3) Form of report.--The report required by this subsection
shall be submitted in unclassified form, to the maximum extent
possible, but may contain a classified annex, if necessary.
(b) Examination of Contractor Accounting Practices.--Any individual
or entity under contract with the Federal Government to provide mission
critical or emergency essential functions after January 1, 2011, shall
allow the specified congressional committees to examine their
accounting practices with respect to any such contract quarterly and
upon request.
(c) Requirements Relating to Contract Renewals.--Any contract with
the Federal Government requiring personnel to perform mission critical
or emergency essential functions that is proposed to be renewed after
the date of the enactment of this Act may be renewed only if--
(1) the President reports to the specified congressional
committees that the relevant agency does not have adequate
personnel to perform the duties stipulated in the contract; and
(2) the President certifies that--
(A) all contract employees have undergone
background checks to ensure that they do not have
criminal records and have not been accused of human
rights abuses;
(B) no contract employees are subject to pending
criminal charges;
(C) all contract employees are under the
jurisdiction of section 3261 of title 18, United States
Code (relating to military extraterritorial
jurisdiction);
(D) contract employees, if accused of crimes by the
host country, must remain in the custody of the United
States; and
(E) the contract includes whistleblower protections
for employees to provide good faith information to
management, government agencies, and Congress of any
contract violations, human rights abuses, or criminal
actions.
SEC. 6. CONGRESSIONAL ACCESS TO CONTRACTS.
(a) Requirement To Allow Congress Access to Copies and Descriptions
of Contracts and Task Orders in Excess of $5,000,000 for Work To Be
Performed in Iraq and Afghanistan.--
(1) Requirement regarding contracts and task orders before
enactment.--The Secretary of Defense, the Secretary of State,
the Secretary of the Interior, and the Administrator of the
United States Agency for International Development shall allow
the chairman and the ranking minority member of each specified
congressional committee access to a copy of, and a description
of the work performed or to be performed under, each contract,
and each task order issued under an existing contract, in an
amount greater than $5,000,000 entered into by the Department
of Defense, the Department of State, the Department of the
Interior, and the Agency for International Development,
respectively, during the period beginning on October 1, 2001,
and ending on the last day of the month during which this Act
is enacted for work to be performed in Iraq and Afghanistan.
(2) Form of submissions.--The copies and descriptions
required by paragraph (1) shall be submitted in unclassified
form, to the maximum extent possible, but may contain a
classified annex, if necessary.
(b) Reports on Iraq and Afghanistan Contracts.--The Secretary of
Defense, the Secretary of State, the Secretary of the Interior, and the
Administrator of the United States Agency for International Development
shall each submit to each specified congressional committee a report
not later than 60 days after the date of the enactment of this Act that
contains the following information:
(1) The number of persons performing work in Iraq and
Afghanistan under contracts (and subcontracts at any tier)
entered into by Department of Defense, the Department of State,
the Department of the Interior, and the United States Agency
for International Development, respectively.
(2) The total cost of such contracts.
(3) The total number of persons who have been wounded or
killed in performing work under such contracts.
(4) A description of the disciplinary actions that have
been taken against persons performing work under such contracts
by the contractor, the United States Government, or the
Government of Iraq or Afghanistan. | Stop Outsourcing Security Act - Directs the Secretary of State to ensure that only government personnel provide security services at U.S. diplomatic or consular missions in Iraq or Afghanistan.
Requires the President to report to Congress, by June 1, 2010, on the status of planning for the use, by January 1, 2011, of government and military personnel instead of private contractors for mission critical or emergency essential functions in all conflict zones where Congress has authorized the use of force. Directs any individual or entity under contract with the federal government to provide mission critical or emergency essential functions after such date to allow Congress to examine their accounting practices. Outlines additional requirements relating to renewals of such contracts.
Authorizes specified congressional access to contracts and task orders in excess of $5 million entered into by the Department of Defense (DOD), the Department of State, the Department of the Interior, and the United States Agency for International Development (USAID) during the period beginning October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in Iraq and Afghanistan.
Requires certain reports to Congress regarding contracts for the performance of work in Iraq and Afghanistan. | {"src": "billsum_train", "title": "To phase out the use of private military contractors."} | 2,750 | 245 | 0.469422 | 1.39791 | 0.7745 | 5.363636 | 11.311688 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Census Oversight Efficiency and
Management Reform Act of 2010''.
SEC. 2. AUTHORITY AND DUTIES OF DIRECTOR AND DEPUTY DIRECTOR OF THE
CENSUS.
(a) In General.--Section 21 of the title 13, United States Code, is
amended to read as follows:
``Sec. 21. Director of the Census; Deputy Director of the Census;
authority and duties
``(a) Definitions.--As used in this section--
``(1) `Director' means the Director of the Census;
``(2) `Deputy Director' means the Deputy Director of the
Census; and
``(3) `function' includes any duty, obligation, power,
authority, responsibility, right, privilege, activity, or
program.
``(b) Director of the Census.--
``(1) Appointment.--
``(A) In general.--The Bureau shall be headed by a
Director of the Census, appointed by the President, by
and with the advice and consent of the Senate.
``(B) Qualifications.--Such appointment shall be
made from individuals who have a demonstrated ability
in managing large organizations and experience in the
collection, analysis, and use of statistical data.
``(2) General authority and duties.--
``(A) In general.--The Director shall report
directly to the Secretary without being required to
report through any other official of the Department of
Commerce.
``(B) Duties.--The Director shall perform such
duties as may be imposed upon the Director by law,
regulation, or orders of the Secretary.
``(C) Independence of director.--No officer or
agency of the United States shall have any authority to
require the Director to submit legislative
recommendations, or testimony, or comments for review
prior to the submission of such recommendations,
testimony, or comments to Congress if such
recommendations, testimony, or comments to Congress
include a statement indicating that the views expressed
therein are those of the Bureau and do not necessarily
represent the views of the President.
``(3) Term of office.--
``(A) In general.--The term of office of the
Director shall be 5 years, and shall begin on January
1, 2012, and every fifth year thereafter. An individual
may not serve more than 2 full terms as Director.
``(B) Vacancies.--Any individual appointed to fill
a vacancy in such position, occurring before the
expiration of the term for which such individual's
predecessor was appointed, shall be appointed for the
remainder of that term. The Director may serve after
the end of the Director's term until reappointed or
until a successor has been appointed, but in no event
longer than 1 year after the end of such term.
``(C) Removal.--An individual serving as Director
may be removed from office by the President. The
President shall communicate in writing the reasons for
any such removal to both Houses of Congress not later
than 60 days before the removal.
``(4) Functions.--The Director shall be responsible for the
exercise of all powers and the discharge of all duties of the
Bureau, and shall have authority and control over all personnel
and activities thereof.
``(5) Organization.--The Director may establish, alter,
consolidate, or discontinue such organizational units or
components within the Bureau as the Director considers
necessary or appropriate, except that this paragraph shall not
apply with respect to any unit or component provided for by
law.
``(6) Advisory committees.--
``(A) Advisory committees generally.--
``(i) Authority to establish.--The Director
may establish such advisory committees as the
Director considers appropriate to provide
advice with respect to any function of the
Director.
``(ii) Compensation and expenses.--Members
of any advisory committee established under
clause (i) shall serve without compensation,
but shall be entitled to transportation
expenses and per diem in lieu of subsistence in
accordance with section 5703 of title 5.
``(B) Technology advisory committee.--
``(i) In general.--Not later than 180 days
after the date of the enactment of the Census
Oversight Efficiency and Management Reform Act
of 2010, the Director shall establish a
technology advisory committee under
subparagraph (A).
``(ii) Membership.--Members of the
technology advisory committee shall be selected
from the public, private, and academic sectors
from among those who have experience in
technologies and services relevant to the
planning and execution of the census.
``(iii) Duties.--The technology advisory
committee shall make recommendations to the
Director and publish reports on the use of
commercially available technologies and
services to improve efficiencies and manage
costs in the implementation of the census and
census-related activities, including pilot
projects.
``(7) Regulations.--The Director may, in consultation with
the Secretary, prescribe such rules and regulations as the
Director considers necessary or appropriate to carry out the
functions of the Director.
``(8) Delegations, etc.--The Director may assign duties,
and delegate, or authorize successive redelegations of,
authority to act and to render decisions, to such officers and
employees of the Bureau as the Director may find necessary.
Within the limitations of such assignments, delegations, or
redelegations, all official acts and decisions of such officers
and employees shall have the same force and effect as though
performed or rendered by the Director. An assignment,
delegation, or redelegation under this paragraph may not take
effect before the date on which notice of such assignment,
delegation, or redelegation (as the case may be) is published
in the Federal Register.
``(9) Other authorities.--
``(A) Personnel.--Subject to sections 23 and 24,
but notwithstanding any other provision of law, the
Director, in carrying out the functions of the Director
or the Bureau, may use the services of officers and
other personnel in other Federal agencies, including
personnel of the Armed Forces, with the consent of the
head of the agency concerned.
``(B) Voluntary services.--Notwithstanding section
1342 of title 31, or any other provision of law, the
Director may accept and use voluntary and uncompensated
services.
``(c) Deputy Director.--
``(1) In general.--There shall be in the Bureau a Deputy
Director of the Census, who shall be appointed by and serve at
the pleasure of the Director. The position of Deputy Director
shall be a career reserved position within the meaning of
section 3132(a)(8) of title 5.
``(2) Functions.--The Deputy Director shall perform such
functions as the Director shall designate.
``(3) Temporary authority to perform functions of
director.--The provisions of sections 3345 through 3349d of
title 5 shall apply with respect to the office of Director. The
first assistant to the office of Director is the Deputy
Director for purposes of applying such provisions.''.
(b) Transition Rules.--
(1) Appointment of initial director.--The initial Director
of the Bureau of the Census shall be appointed in accordance
with the provisions of section 21(b) of title 13, United States
Code, as amended by subsection (a).
(2) Interim role of current director of the census after
date of enactment.--If, as of January 1, 2012, the initial
Director of the Bureau of the Census has not taken office, the
officer serving on December 31, 2011, as Director of the Census
(or Acting Director of the Census, if applicable) in the
Department of Commerce--
(A) shall serve as the Director of the Bureau of
the Census;
(B) shall assume the powers and duties of such
Director, until the initial Director has taken office;
and
(C) shall report directly to the Secretary of
Commerce.
(c) Clerical Amendment.--The item relating to section 21 in the
table of sections for chapter 1 of title 13, United States Code, is
amended to read as follows:
``21. Director of the Census; Deputy Director of the Census; authority
and duties.''.
(d) Technical and Conforming Amendments.--Not later than January 1,
2011, the Secretary of Commerce, in consultation with the Director of
the Census, shall submit to each House of the Congress draft
legislation containing any technical and conforming amendments to title
13, United States Code, and any other provisions which may be necessary
to carry out the purposes of this Act.
SEC. 3. INTERNET RESPONSE OPTION.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Census, shall provide a plan to Congress on
how the Bureau of the Census will test, develop, and implement an
Internet response option for the 2020 Census and the American Community
Survey. The plan shall include a description of how and when
feasibility will be tested, the stakeholders to be consulted, when and
what data will be collected, and how data will be protected.
SEC. 4. ANNUAL REPORTS.
(a) In General.--Subchapter I of chapter 1 of title 13, United
States Code, is amended by adding at the end the following new section:
``Sec. 17. Annual reports
``(a) Not later than the date of the submission of the President's
budget request for a fiscal year under section 1105 of title 31, the
Director of the Census shall submit to the appropriate congressional
committees a comprehensive status report on the next decennial census,
beginning with the 2020 decennial census. Each report shall include the
following information:
``(1) A description of the Bureau's performance goals for
each significant decennial operation, including the performance
measures for each operation.
``(2) An assessment of the risks associated with each
significant decennial operation, including the
interrelationships between the operations and a description of
relevant mitigation plans.
``(3) Detailed milestone estimates for each significant
decennial operation, including estimated testing dates, and
justification for any changes to milestone estimates.
``(4) Updated cost estimates for the life cycle of the
decennial census, including sensitivity analysis and an
explanation of significant changes in the assumptions on which
such cost estimates are based.
``(5) A detailed description of all contracts over
$50,000,000 entered into for each significant decennial
operation, including--
``(A) any changes made to the contracts from the
previous fiscal year;
``(B) justification for the changes; and
``(C) actions planned or taken to control growth in
such contract costs.
``(b) For purposes of this section, the term `significant decennial
operation' includes any program or information technology related to--
``(1) the development of an accurate address list;
``(2) data collection, processing, and dissemination;
``(3) recruiting and hiring of temporary employees;
``(4) marketing, communications, and partnerships; and
``(5) coverage measurement.''.
(b) Clerical Amendment.--The table of sections for chapter 1 of
title 13, United States Code, is amended by inserting after the item
relating to section 16 the following new item:
``17. Annual reports.''.
(c) Effective Date.--The amendments made by this section shall
apply to budget requests for fiscal years beginning after September 30,
2010.
Passed the Senate December 8, 2010.
Attest:
Secretary.
111th CONGRESS
2d Session
S. 3167
_______________________________________________________________________
AN ACT
To amend title 13 of the United States Code to provide for a 5-year
term of office for the Director of the Census and to provide for the
authority and duties of the Director and Deputy Director of the Census,
and for other purposes. | Census Oversight Efficiency and Management Reform Act of 2010 - Requires the individual appointed as Director of the Census to have a demonstrated ability in managing large organizations and experience in the collection, analysis, and use of statistical data.
Provides that: (1) the Director shall report directly to the Secretary of Commerce; and (2) no U.S. officer or agency shall have authority to require the Director to submit legislative recommendations, testimony, or comments for review prior to the submission to Congress if such submission includes a statement indicating that the views expressed are those of the Bureau of the Census and do not necessarily represent the views of the President.
Requires the term of office of the Director to be five years and to begin on January 1, 2012, and every fifth year thereafter. Prohibits an individual from serving more than two full terms as Director. Sets forth provisions governing: (1) vacancies in and removal from office; and (2) the authorities and duties of the Director.
Requires the Director to establish a technology advisory committee, whose members shall be selected from the public, private, and academic sectors, to make recommendations to the Director and publish reports on the use of commercially available technologies and services to improve efficiencies and manage costs in the implementation of the census and census-related activities, including pilot projects.
Establishes the position of Deputy Director of the Census.
Requires the Director to: (1) provide a plan to Congress on how the Bureau will test, develop, and implement an Internet response option for the 2020 Census and the American Community Survey; and (2) submit to the appropriate congressional committees, by the date of submission of the President's budget request for a fiscal year, a comprehensive status report on the next decennial census.
Requires each report to include: (1) a description of the Bureau's performance goals for each significant decennial operation; (2) an assessment of the risks associated with each such operation; (3) detailed milestone estimates for each such operation; (4) updated cost estimates for the life cycle of the decennial census; and (5) a detailed description of all contracts over $50 million entered into for each such operation. | {"src": "billsum_train", "title": "A bill to amend title 13 of the United States Code to provide for a 5-year term of office for the Director of the Census and to provide for the authority and duties of the Director and Deputy Director of the Census, and for other purposes."} | 2,556 | 458 | 0.645885 | 1.890487 | 0.845666 | 5.410256 | 5.86014 | 0.95338 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Environmental Initiative
Act''.
SEC. 2. EPA STUDIES.
(a) Study of State Health-Based Cleanup Laws.--
(1) Study.--The Administrator shall conduct a study of
State laws and standards that are based on health for the
cleanup of sites at which any hazardous substance was released
or disposed of. In conducting the study, the Administrator
shall consider reports prepared by the Association of State
Territorial Solid Waste Management Officials and the
Environmental Law Institute.
(2) Recommendations to states.--As part of the study, the
Administrator shall make recommendations to the States on
health-based cleanup standards. Such recommendations shall
include guidance to the States on the development of health-
based standards for sites located in urban areas which are more
or less restrictive depending on the future use of the site.
Such guidance shall address the issue of whether facilities to
be used for parking lots, warehouses, industrial parks, or
other similar purposes need to be cleaned up as extensively as
sites to be used for residential and retail purposes. In
developing the guidance, the Administrator shall consider
programs in Michigan that place different restrictions on
different kinds of development at sites. The guidance also
shall encourage States to place restrictions on future uses of
sites to those uses which are consistent with whatever health-
based standards are applied at the sites.
(3) Report to congress.--The Administrator shall submit to
Congress a report on the study and the recommendations to
States not later than 12 months after the date of the enactment
of this Act.
(b) Study on State Property Transfer Laws.--
(1) Study.--The Administrator shall conduct a study on
property transfer laws of the States to evaluate such laws and
assess the merits of such laws. In conducting the study, the
Administrator shall address the issue of whether such laws
promote better land management practices, whether such laws
help locate sites on which hazardous substances have been
released or disposed of, and whether such laws provide better
protection for the buyer.
(2) Recommendations to states.--As part of the study, the
Administrator shall make recommendations to the States on
property transfer laws.
(3) Report to congress.--The Administrator shall submit to
Congress a report on the study not later than 12 months after
the date of the enactment of this Act.
SEC. 3. EPA SUPERFUND INVENTORY DATA BASE.
(a) Requirement.--The Administrator shall establish and maintain in
a computer data base a national superfund site inventory. The data
shall be available by computer at local libraries.
(b) Information To Be Included.--The data to be made available in
the data base shall include information on any Federal action at a site
or facility at which a hazardous substance was released or disposed of.
Such information shall indicate, at a minimum, whether the
Environmental Protection Agency has conducted a preliminary site
evaluation with respect to each site listed in the inventory, whether
further Federal action has been determined to be warranted, and whether
the site is on the National Priorities List.
SEC. 4. SPECIAL SUPERFUND PROGRAM FOR TARGETED INDUSTRIAL SITES.
(a) Targeted Sites.--For purposes of this section, the
Administrator shall prepare a list of superfund sites located in urban
areas that would be suitable for economic development. Such sites shall
be referred to in this section as ``targeted sites''.
(b) Pilot Study of Use of Innovative Technology.--Not later than
one year after the date of the enactment of this Act, the Administrator
shall develop and begin to carry out a pilot study of the effectiveness
of innovative and cost effective technologies for conducting response
actions at targeted sites. The Administrator shall include in the pilot
study only those targeted sites that are vacant and not likely to be
used in the near future.
(c) Covenant Not To Sue for Sites Purchased for Economic
Development.--(1) Subject to paragraphs (2) and (3), in any case in
which a person, including a city, purchases a targeted site for the
purpose of economic development, the Administrator may provide a
covenant not to sue such person concerning any liability to the United
States under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, including future liability, resulting from a
release or threatened release of a hazardous substance at such site.
Any such covenant not to sue shall not apply with respect to any
release or threatened release which is caused by conduct of the person
which is negligent.
(2) A covenant not to sue with respect to a site shall not take
effect under paragraph (1) unless the person enters into an agreement
with the Administrator to complete remedial action at the site in
accordance with the National Contingency Plan.
(3) A covenant not to sue a person concerning future liability to
the United States under paragraph (1) shall include an exception to the
covenant that allows the Administrator to sue such person concerning
future liability resulting from the release or threatened release that
is the subject of the covenant where such liability arises out of
conditions which are unknown at the time the Administrator enters into
an agreement under paragraph (2) with respect to completion of remedial
action at the site concerned.
(d) Preference for Cleanup at Targeted Sites.--In determining which
sites to give priority for response action under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, the
Administrator shall give preference to targeted sites that are located
in the most populous areas, pose the greatest threat to human health,
and have the greatest potential for economic development.
SEC. 5. EXPEDITED DECISIONS ON SUPERFUND SITES IN CERTAIN DISTRESSED
CITIES.
(a) Right to Petition.--Any city within whose jurisdiction is
located a targeted site (contained on the list prepared pursuant to
section 4(a)) may petition the Administrator for an expedited decision
on whether a targeted site within the city will be placed on the
National Priorities List under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
(b) Requirements.--After a city submits a petition under subsection
(a) with respect to a site, the Administrator shall require the owner
or other potentially responsible party at the site concerned to
prepare, in consultation with the Environmental Protection Agency, a
preliminary assessment and evaluation of the site. Not later than 12
months after such assessment and evaluation are completed, the
Administrator shall review the assessment and evaluation and determine
whether the site should be placed on the National Priorities List. If
the Administrator determines the site should not be placed on the List,
the Administrator shall issue a certificate stating that the site is
not a Superfund site.
SEC. 6. AMENDMENTS TO SUPERFUND PERTAINING TO INNOCENT LANDOWNER
DEFENSE.
Section 101(35) of the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. 9601 et seq.) is amended by
redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E),
respectively and inserting after subparagraph (B), the following:
``(C)(i) The Administrator shall establish guidelines defining the
actions that are necessary to fulfill the requirement to undertake all
appropriate inquiry for purposes of subparagraph (B). At a minimum,
`all appropriate inquiry' means an investigation of the real property,
conducted by environmental professionals, to determine or discover the
obviousness of the presence or likely presence of a release or
threatened release of hazardous substances on the real property and
which consists of a review of each of the following sources of
information concerning the previous ownership and uses of the real
property:
``(I) Recorded chain of title documents regarding the real
property, including all deeds, easements, leases, restrictions,
and covenants for a period of 50 years.
``(II) Aerial photographs which may reflect prior uses of
the real property and which are reasonably obtainable through
State or local government agencies.
``(III) Determination of the existence of recorded
environmental cleanup liens against the real property which
have arisen pursuant to Federal, State, and local statutes.
``(IV) Reasonably obtainable Federal, State, and local
government records of sites or facilities where there has been
a release of hazardous substances and which are likely to cause
or contribute to a release or threatened release of hazardous
substances on the real property, including investigation
reports for such sites or facilities; reasonably obtainable
Federal, State, and local government environmental records of
activities likely to cause or contribute to a release or a
threatened release of hazardous substances on the real
property, including landfill and other disposal location
records, underground storage tank records, hazardous waste
handler and generator records and spill reporting records; and
such other reasonably obtainable Federal, State, and local
government environmental records which report incidents or
activities which are likely to cause or contribute to a release
or threatened release of hazardous substances on the real
property. In order to be deemed `reasonably obtainable' within
the meaning of this subclause, a copy or reasonable facsimile
of the record must be obtainable from the government agency by
request.
``(V) A visual site inspection of the real property and all
facilities and improvements on the real property, and a visual
inspection of immediately adjacent properties from the real
property, including an investigation of any chemical use,
storage, treatment and disposal practices on the property.
``(ii) For purposes of this subparagraph, the term `environmental
professional' means an individual, or an entity managed or controlled
by such individual who, through academic training, occupational
experience and reputation (such as engineers, environmental consultants
and attorneys), can objectively conduct one or more aspects of the
investigation described in clause (i).
``(iii) In establishing the guidelines under this subparagraph, the
Administrator shall consider any discussions of the American Society
for Testing and Materials.''.
SEC. 7. ASSISTANCE TO STATES.
The Administrator may provide technical and financial assistance to
States for carrying out activities associated with the implementation
of the provisions of this Act and the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
SEC. 8. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``hazardous substance'' has the meaning given
that term by section 101(14) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
(3) The term ``release'' has the meaning given that term by
section 101(22) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
SEC. 9. AUTHORIZATION.
There is authorized to be appropriated to the Administrator the sum
of $5,000,000 for fiscal year 1993, $10,000,000 for fiscal year 1994,
and $20,000,000 for each of fiscal years 1995, 1996, and 1997 to carry
out the requirements of this Act and the amendments made by this Act,
including assistance to States under section 7. | Urban Environmental Initiative Act - Directs the Administrator of the Environmental Protection Agency to: (1) report to the Congress on health-based State laws and standards for the cleanup of sites at which hazardous substances were released or disposed; and (2) make recommendations to States on such standards, including guidance on the development of standards for sites in urban areas.
Requires the Administrator to report to the Congress on State property transfer laws and whether such laws: (1) promote better land management practices; (2) help locate sites on which hazardous substances have been released or disposed; and (3) provide better protection for the buyer.
Directs the Administrator to establish a computer data base that contains a national Superfund site inventory and includes information on any Federal action at a site or facility at which a hazardous substance was released or disposed.
Requires the Administrator to: (1) prepare a list of Superfund sites located in urban areas that would be suitable for economic development ("targeted sites"); and (2) carry out a study of the effectiveness of technologies for conducting response actions at targeted sites.
Authorizes the Administrator, in any case in which a person purchases a targeted site for purposes of economic development, to provide a covenant not to sue such person under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for a release or threatened release of a hazardous substance at such site. Requires such covenants to: (1) not take effect unless the person enters into an agreement to complete remedial action at the site; and (2) include an exception that allows the Administrator to sue for future liability where such liability arises out of conditions unknown at the time the Administrator enters into a remedial action agreement.
Directs the Administrator, in determining which sites to give priority for response action under CERCLA, to give preference to targeted sites that are located in the most populous areas, pose the greatest threat to human health, and have the greatest potential for economic development.
Authorizes the Administrator to provide technical and financial assistance to States for implementing this Act and CERCLA.
Authorizes appropriations. | {"src": "billsum_train", "title": "Urban Environmental Initiative Act"} | 2,397 | 446 | 0.655746 | 2.177112 | 0.822591 | 4.727273 | 5.411483 | 0.942584 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tallgrass Prairie National Preserve
Act of 1996''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) of the 400,000 square miles of tallgrass prairie that
once covered the North American Continent, less than 1 percent
remains, primarily in the Flint Hills of Kansas;
(2) in 1991, the National Park Service conducted a special
resource study of the Spring Hill Ranch, located in the Flint
Hills of Kansas;
(3) the study concludes that the Spring Hill Ranch--
(A) is a nationally significant example of the once
vast tallgrass ecosystem, and includes buildings listed
on the National Register of Historic Places pursuant to
section 101 of the National Historic Preservation Act
(16 U.S.C. 470a) that represent outstanding examples of
Second Empire and other 19th Century architectural
styles; and
(B) is suitable and feasible as a potential
addition to the National Park System; and
(4) the National Park Trust, which owns the Spring Hill
Ranch, has agreed to permit the National Park Service--
(A) to purchase a portion of the ranch, as
specified in this Act; and
(B) to manage the ranch in order to--
(i) conserve the scenery, natural and
historic objects, and wildlife of the ranch;
and
(ii) provide for the enjoyment of the ranch
in such a manner and by such means as will
leave the scenery, natural and historic
objects, and wildlife unimpaired for the
enjoyment of future generations.
(b) Purposes.--The purposes of this Act are--
(1) to preserve, protect, and interpret for the public an
example of a tallgrass prairie ecosystem on the Spring Hill
Ranch, located in the Flint Hills of Kansas; and
(2) to preserve and interpret for the public the historic
and cultural values represented on the Spring Hill Ranch.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the Advisory Committee established under section 7.
(2) Preserve.--The term ``Preserve'' means the Tallgrass
Prairie National Preserve established by section 4.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trust.--The term ``Trust'' means the National Park
Trust, Inc., a District of Columbia nonprofit corporation, or
any successor-in-interest.
SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NATIONAL PRESERVE.
(a) In General.--In order to provide for the preservation,
restoration, and interpretation of the Spring Hill Ranch area of the
Flint Hills of Kansas, for the benefit and enjoyment of present and
future generations, there is established the Tallgrass Prairie National
Preserve.
(b) Description.--The Preserve shall consist of the lands and
interests in land, including approximately 10,894 acres, generally
depicted on the map entitled ``Boundary Map, Flint Hills Prairie
National Monument'' numbered NM-TGP 80,000 and dated June 1994, more
particularly described in the deed filed at 8:22 a.m. of June 3, 1994,
with the Office of the Register of Deeds in Chase County, Kansas, and
recorded in Book L-106 at pages 328 through 339, inclusive. In the case
of any difference between the map and the legal description, the legal
description shall govern, except that if, as a result of a survey, the
Secretary determines that there is a discrepancy with respect to the
boundary of the Preserve that may be corrected by making minor changes
to the map, the Secretary shall make changes to the map as appropriate,
and the boundaries of the Preserve shall be adjusted accordingly. The
map shall be on file and available for public inspection in the
appropriate offices of the National Park Service of the Department of
the Interior.
SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE.
(a) In General.--The Secretary shall administer the Preserve in
accordance with this Act, the cooperative agreements described in
subsection (f)(1), and the provisions of law generally applicable to
units of the National Park System, including the Act entitled ``An Act
to establish a National Park Service, and for other purposes'',
approved August 25, 1916 (16 U.S.C. 1, 2 through 4) and the Act of
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).
(b) Application of Regulations.--With the consent of a private
owner of land within the boundaries of the Preserve, the regulations
issued by the Secretary concerning the National Park Service that
provide for the proper use, management, and protection of persons,
property, and natural and cultural resources shall apply to the private
land.
(c) Facilities.--For purposes of carrying out the duties of the
Secretary under this Act relating to the Preserve, the Secretary may,
with the consent of a landowner, directly or by contract, construct,
reconstruct, rehabilitate, or develop essential buildings, structures,
and related facilities including roads, trails, and other interpretive
facilities on real property that is not owned by the Federal Government
and is located within the Preserve.
(d) Liability.--
(1) Liability of the united states and its officers and
employees.--Except as otherwise provided in this subsection,
the liability of the United States is subject to the terms and
conditions of the Federal Tort Claims Act, as amended, 28
U.S.C. 2671 et seq., with respect to the claims arising by
virtue of the Secretaries administration of the Preserve
pursuant to this Act.
(2) Liability of landowners.--
(A) The Secretary of the Interior is authorized,
under such terms and conditions as he deems
appropriate, to include in any cooperative agreement
entered into in accordance with subsection (f)(1) an
indemnification provision by which the United States
agrees to hold harmless, defend and indemnify the
landowner in full from and against any suit, claim,
demand or action, liability, judgment, cost or other
fee arising out of any claim of personal injury or
property damage that occurs in connection with the
operation of the Preserve under the agreement: Provided
however, That indemnification shall not exceed $3
million per claimant per occurrence.
(B) The indemnification provision authorized by
subparagraph (A) shall not include claims for personal
injury or property damage proximately caused by the
wanton or willful misconduct of the landowner.
(e) Unit of the National Park System.--The Preserve shall be a unit
of the National Park System for all purposes, including the purpose of
exercising authority to charge entrance and admission fees under
section 4 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-6a).
(f) Agreements and Donations.--
(1) Agreements.--The Secretary may expend Federal funds for
the cooperative management of private property within the
Preserve for research, resource management (including pest
control and noxious weed control, fire protection, and the
restoration of buildings), and visitor protection and use.
(2) Donations.--The Secretary may accept, retain, and
expend donations of funds, property (other than real property),
or services from individuals, foundations, corporations, or
public entities for the purposes of providing programs,
services, facilities, or technical assistance that further the
purposes of this Act.
(g) General Management Plan.--
(1) In general.--Not later than the end of the third full
fiscal year beginning after the date of enactment of this Act,
the Secretary shall prepare and submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives a general management
plan for the Preserve.
(2) Consultation.--In preparing the general management
plan, the Secretary, acting through the Director of the
National Park Service, shall consult with--
(A)(i) appropriate officials of the Trust; and
(ii) the Advisory Committee; and
(B) adjacent landowners, appropriate officials of
nearby communities, the Kansas Department of Wildlife
and Parks, and the Kansas Historical Society, and other
interested parties.
(3) Content of plan.--The general management plan shall
provide for the following:
(A) Maintaining and enhancing the tallgrass prairie
within the boundaries of the Preserve.
(B) Public access and enjoyment of the property
that is consistent with the conservation and proper
management of the historical, cultural, and natural
resources of the ranch.
(C) Interpretive and educational programs covering
the natural history of the prairie, the cultural
history of Native Americans, and the legacy of ranching
in the Flint Hills region.
(D) Provisions requiring the application of
applicable State law concerning the maintenance of
adequate fences within the boundaries of the Preserve.
In any case in which an activity of the National Park
Service requires fences that exceed the legal fence
standard otherwise applicable to the Preserve, the
National Park Service shall pay the additional cost of
constructing and maintaining the fences to meet the
applicable requirements for that activity.
(E) Provisions requiring the Secretary to comply
with applicable State noxious weed, pesticide, and
animal health laws.
(F) Provisions requiring compliance with applicable
State water laws and Federal and State waste disposal
laws (including regulations) and any other applicable
law.
(G) Provisions requiring the Secretary to honor
each valid existing oil and gas lease for lands within
the boundaries of the Preserve (as described in section
4(b)) that is in effect on the date of enactment of
this Act.
(H) Provisions requiring the Secretary to offer to
enter into an agreement with each individual who, as of
the date of enactment of this Act, holds rights for
cattle grazing within the boundaries of the Preserve
(as described in section 4(b)).
(4) Hunting and fishing.--The Secretary may allow hunting
and fishing on Federal lands within the Preserve.
(5) Financial analysis.--As part of the development of the
general management plan, the Secretary shall prepare a
financial analysis indicating how the management of the
Preserve may be fully supported through fees, private
donations, and other forms of non-Federal funding.
SEC. 6. LIMITED AUTHORITY TO ACQUIRE.
(a) In General.--The Secretary shall acquire, by donation, not more
than 180 acres of real property within the boundaries of the Preserve
(as described in section 4(b)) and the improvements on the real
property.
(b) Payments in Lieu of Taxes.--For the purposes of payments made
under chapter 69 of title 31, United States Code, the real property
described in subsection (a) shall be deemed to have been acquired for
the purposes specified in section 6904(a) of that title.
(c) Prohibitions.--No property may be acquired under this section
without the consent of the owner of the property. The United States may
not acquire fee ownership of any lands within the Preserve other than
lands described in this section.
SEC. 7. ADVISORY COMMITTEE.
(a) Establishment.--There is established an advisory committee to
be known as the ``Tallgrass Prairie National Preserve Advisory
Committee''.
(b) Duties.--The Advisory Committee shall advise the Secretary and
the Director of the National Park Service concerning the development,
management, and interpretation of the Preserve. In carrying out those
duties, the Advisory Committee shall provide timely advice to the
Secretary and the Director during the preparation of the general
management plan under section 5(g).
(c) Membership.--The Advisory Committee shall consist of 13
members, who shall be appointed by the Secretary as follows:
(1) Three members shall be representatives of the Trust.
(2) Three members shall be representatives of local
landowners, cattle ranchers, or other agricultural interests.
(3) Three members shall be representatives of conservation
or historic preservation interests.
(4)(A) One member shall be selected from a list of persons
recommended by the Chase County Commission in the State of
Kansas.
(B) One member shall be selected from a list of persons
recommended by appropriate officials of Strong City, Kansas,
and Cottonwood Falls, Kansas.
(C) One member shall be selected from a list of persons
recommended by the Governor of the State of Kansas.
(5) One member shall be a range management specialist
representing institutions of higher education (as defined in
section 1201(a) of the Higher Education Act of 1965 (20 U.S.C.
1141(a))) in the State of Kansas.
(d) Terms.--
(1) In general.--Each member of the Advisory Committee
shall be appointed to serve for a term of 3 years, except that
the initial members shall be appointed as follows:
(A) Four members shall be appointed, one each from
paragraphs (1), (2), (3), and (4) of subsection (c), to
serve for a term of 3 years.
(B) Four members shall be appointed, one each from
paragraphs (1), (2), (3), and (4) of subsection (c), to
serve for a term of 4 years.
(C) Five members shall be appointed, one each from
paragraphs (1) through (5) of subsection (c), to serve
for a term of 5 years.
(2) Reappointment.--Each member may be reappointed to serve
a subsequent term.
(3) Expiration.--Each member shall continue to serve after
the expiration of the term of the member until a successor is
appointed.
(4) Vacancies.--A vacancy on the Advisory Committee shall
be filled in the same manner as an original appointment is
made. The member appointed to fill the vacancy shall serve
until the expiration of the term in which the vacancy occurred.
(e) Chairperson.--The members of the Advisory Committee shall
select 1 of the members to serve as Chairperson.
(f) Meetings.--Meetings of the Advisory Committee shall be held at
the call of the Chairperson or the majority of the Advisory Committee.
Meetings shall be held at such locations and in such a manner as to
ensure adequate opportunity for public involvement. In compliance with
the requirements of the Federal Advisory Committee Act (5 U.S.C. App.),
the Advisory Committee shall choose an appropriate means of providing
interested members of the public advance notice of scheduled meetings.
(g) Quorum.--A majority of the members of the Advisory Committee
shall constitute a quorum.
(h) Compensation.--Each member of the Advisory Committee shall
serve without compensation, except that while engaged in official
business of the Advisory Committee, the member shall be entitled to
travel expenses, including per diem in lieu of subsistence in the same
manner as persons employed intermittently in Government service under
section 5703 of title 5, United States Code.
(i) Charter.--The rechartering provisions of section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Committee.
SEC. 8. RESTRICTION ON AUTHORITY.
Nothing in this Act shall give the Secretary authority to regulate
lands outside the land area acquired by the Secretary under section
6(a).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior such sums as are necessary to carry out this Act. | Tallgrass Prairie National Preserve Act of 1996 - Establishes the Tallgrass Prairie National Preserve to provide for the preservation, restoration, and interpretation of the Spring Hill Ranch area of the Flint Hills of Kansas.
Specifies that the Preserve shall be a unit of the National Park System, including for purposes of charging entrance and admission fees. Sets forth provisions regarding liability of the United States and of landowners.
Authorizes the Secretary of the Interior to expend Federal funds for the cooperative management of private property within the Preserve for research, resource management, and visitor protection and use.
Requires the Secretary to: (1) prepare and submit to specified congressional committees a general management plan; and (2) acquire, by donation, not more than 180 acres of real property within the boundaries of the Preserve and the improvements on such property.
Sets forth provisions regarding payments to local governments in lieu of taxes for such real property. Prohibits: (1) such property from being acquired without the owner's consent; and (2) U.S. acquisition of fee ownership of any lands within the Preserve other than these lands.
Establishes the Tallgrass Prairie National Preserve Advisory Committee.
Authorizes appropriations. | {"src": "billsum_train", "title": "Tallgrass Prairie National Preserve Act of 1996"} | 3,411 | 265 | 0.66027 | 2.044163 | 0.783402 | 4.543478 | 13.569565 | 0.891304 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Families and
Businesses Act of 2011''.
SEC. 2. EQUAL TREATMENT AMONG FOREIGN STATES.
(a) Numerical Limitation to Any Single Foreign State.--Section
202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2))
is amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(3), by striking ``both subsections
(a) and (b) of section 203'' and inserting ``section 203(a)'';
(2) by striking subsection (a)(5); and
(3) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is determined
that the total number of immigrant visas made available under section
203(a) to natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2) in any
fiscal year, in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to natives of
that state or area shall be allocated (to the extent practicable and
otherwise consistent with this section and section 203) in a manner so
that, except as provided in subsection (a)(4), the proportion of the
visa numbers made available under each of paragraphs (1) through (4) of
section 203(a) is equal to the ratio of the total number of visas made
available under the respective paragraph to the total number of visas
made available under section 203(a).''.
(c) Country-Specific Offset.--Section 2 of the Chinese Student
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section shall
apply to fiscal years beginning with fiscal year 2013.
(e) Transition Rules for Employment-Based Immigrants.--
(1) In general.--Subject to the succeeding paragraphs of
this subsection and notwithstanding title II of the Immigration
and Nationality Act (8 U.S.C. 1151 et seq.), the following
rules shall apply:
(A) For fiscal year 2013, 15 percent of the total
number of immigrant visas made available under section
203(b) of such Act (8 U.S.C. 1153(b)) shall be allotted
to immigrants who are natives of a foreign state or
dependent area that was not one of the two states with
the largest numbers of natives obtaining lawful
permanent resident status during fiscal year 2011 under
such section 203(b).
(B) For fiscal year 2014, 10 percent of the total
number of immigrant visas made available under such
section 203(b) shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest numbers of
natives obtaining lawful permanent resident status
during fiscal year 2012 under such section 203(b).
(C) For fiscal year 2015, 10 percent of the total
number of immigrant visas made available under such
section 203(b) shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest numbers of
natives obtaining lawful permanent resident status
during fiscal year 2013 under such section 203(b).
(2) Per-country levels.--
(A) Reserved visas.--With respect to the visas
reserved under each of subparagraphs (A) through (C) of
paragraph (1), the number of such visas made available
to natives of any single foreign state or dependent
area in the appropriate fiscal year may not exceed 25
percent (in the case of a single foreign state) or 2
percent (in the case of a dependent area) of the total
number of such visas.
(B) Unreserved visas.--
(i) In general.--With respect to the
immigrant visas made available under such
section 203(b) and not reserved under paragraph
(1), for each of fiscal years 2013, 2014, and
2015, not more than the number of such visas
calculated under clause (ii) shall be allotted
to immigrants who are natives of any single
foreign state.
(ii) Calculation of number.--The numbers of
visas calculated under this clause for a fiscal
year is the number that is equal to 70 percent
of the total number of immigrant visas made
available under such section 203(b) for such
fiscal year.
(3) Rules for chargeability.--Section 202(b) of such Act (8
U.S.C. 1152(b)) shall apply in determining the foreign state to
which an alien is chargeable for purposes of this subsection.
SEC. 3. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.
(a) Employment-Based Immigrants.--
(1) In general.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1154) is amended by adding at the end
the following:
``(s) Special Provisions in Cases of Lengthy Adjudications.--
``(1) Exemption from limitations.--Notwithstanding
subsections (c)(2)(D), (g)(4) and (m), the authorized stay of
an alien described in paragraph (2) may be extended pursuant to
paragraph (3) if 365 days or more have elapsed since the filing
of any of the following:
``(A) An application for labor certification under
section 212(a)(5)(A), in a case in which certification
is required or used by an alien to obtain status under
section 203(b).
``(B) A petition described in section 204(b) to
accord the alien a status under section 203(b).
``(2) Aliens described.--An alien is described in this
paragraph if the alien was previously issued a visa or
otherwise provided nonimmigrant status under--
``(A) section 101(a)(15)(F);
``(B) section 101(a)(15)(H)(i)(b); or
``(C) section 101(a)(15)(L).
``(3) Extension of status.--The Secretary of Homeland
Security shall extend the stay of an alien who qualifies for an
extension under paragraph (1) in one-year increments until such
time as a final decision is made--
``(A) to deny the application described in
paragraph (1)(A), or, in a case in which such
application is granted, to deny a petition described in
paragraph (1)(B) filed on behalf of the alien pursuant
to such grant;
``(B) to deny the petition described in paragraph
(1)(B); or
``(C) to grant or deny the alien's application for
an immigrant visa or adjustment of status to that of an
alien lawfully admitted for permanent residence.''.
(2) Providing dual intent for students.--Section
101(a)(15)(F)(i) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(F)(i)) is amended by striking ``having a
residence in a foreign country which he has no intention of
abandoning,''.
(3) Conforming amendments.--
(A) Section 106 of the American Competitiveness in
the 21st Century Act is amended by striking subsections
(a) and (b).
(B) Section 214(b) of the Immigration and
Nationality Act (8 U.S.C. 1184(b)) is amended by
striking ``(L) or (V)'' and inserting ``(F), (L) or
(V)''.
(C) Section 214(h) of the Immigration and
Nationality Act (8 U.S.C. 1184(h)) is amended by
striking ``(H)(i)(b)'' and inserting ``(F),
(H)(i)(b)''.
(b) Family-Based Immigrants.--Section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)) is amended by adding at the
end the following:
``(W) an alien who is the beneficiary (including a
child of the principle alien, if eligible to receive a
visa under section 203(d)) of an approved petition to
accord a status under section 203(a)(2)(A) if 180 days
or more have elapsed since the filing of such petition
and--
``(i) an immigrant visa is not immediately
available to the alien because of a waiting
list of applicants for visas under section
203(a)(2)(A); or
``(ii) the alien's application for an
immigrant visa, or the alien's application for
adjustment of status under section 245,
pursuant to the approval of such petition,
remains pending.''.
SEC. 4. RECAPTURING IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.
(a) Employment-Based Immigrants.--Section 201(d) of the Immigration
and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--The worldwide level of employment-based
immigrants under this subsection for a fiscal year is equal to
the sum of--
``(A) 140,000;
``(B) the number computed under paragraph (2); and
``(C) the number computed under paragraph (3).
``(2) Previous fiscal year.--The number computed under this
paragraph for a fiscal year is the difference, if any, between
the maximum number of visas which may be issued under section
203(a) (relating to family-sponsored immigrants) during the
previous fiscal year and the number of visas issued under that
section during that year.
``(3) Unused visas.--The number computed under this
paragraph is the difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels
established under paragraph (1) for fiscal
years 1992 through 2011; and
``(ii) the number of visas actually issued
under section 203(b), subject to this
subsection, during such fiscal years; and
``(B) the number of visas actually issued after
fiscal year 2011 pursuant to an immigrant visa number
issued under section 203(b), subject to this
subsection, during fiscal years 1992 through 2011.''.
(b) Family-Sponsored Immigrants.--Section 201(c) of the Immigration
and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--
``(1) In general.--
``(A) Subject to subparagraph (B), the worldwide
level of family-sponsored immigrants under this
subsection for a fiscal year is equal to--
``(i) 480,000 minus the number computed
under paragraph (2); plus
``(ii) the sum of the number computed under
paragraph (3) and the number computed under
paragraph (4).
``(B) In no case shall the number computed under
subparagraph (A)(i) be less than 226,000.
``(2) Immediate relatives.--The number computed under this
paragraph for a fiscal year is the number of aliens described
in subparagraph (A) or (B) of subsection (b)(2) who were issued
immigrant visas, or who otherwise acquired the status of an
alien lawfully admitted to the United States for permanent
residence, in the previous fiscal year.
``(3) Previous fiscal year.--The number computed under this
paragraph for a fiscal year is the difference, if any, between
the maximum number of visas which may be issued under section
203(b) (relating to employment-based immigrants) during the
previous fiscal year and the number of visas issued under that
section during that year.
``(4) Unused visas.--The number computed under this
paragraph is the difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels
established under paragraph (1) for fiscal
years 1992 through 2011; and
``(ii) the number of visas actually issued
under section 203(a), subject to this
subsection, during such fiscal years; and
``(B) the number of visas actually issued after
fiscal year 2011 pursuant to an immigrant visa number
issued under section 203(a), subject to this
subsection, during fiscal years 1992 through 2011.''. | Protecting American Families and Businesses Act of 2011 - Amends the Immigration and Nationality Act to: (1) eliminate the per country numerical limitation for employment-based immigrants, and (2) increase the per country numerical limitation for family based immigrants.
Amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual Chinese (PRC) immigrant visas to offset status adjustments under such Act.
Allows extensions of stay based upon a lengthy labor certification or priority adjudication for: (1) foreign students, (2) speciality occupation aliens, and (3) intracompany transfers.
Eliminates the foreign residency requirement for certain foreign students.
Provides for the recapture of unused employment-based and family-based immigrant visas. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to remove the per-country limitation on employment-based immigrant visas, to adjust the per-country limitation on family-sponsored immigrant visas, and for other purposes."} | 3,117 | 160 | 0.453498 | 1.237531 | 0.896921 | 1.79021 | 18.58042 | 0.797203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Achievement Through Prevention
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to expand the use of positive behavioral
interventions and supports and early intervening services in schools in
order to improve student academic achievement, reduce
overidentification of individuals with disabilities, and reduce
disciplinary problems in schools.
SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965.
(a) Title I State Plans.--Section 1111(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended by
adding at the end the following:
``(11) Positive behavioral interventions and supports.--In
the case of a State that proposes to use funds under this part
to support positive behavioral interventions and supports, the
State plan shall describe how the State educational agency
will--
``(A) assist local educational agencies in
implementing positive behavioral interventions and
supports in schools served by the local educational
agency on a whole-school basis;
``(B) provide technical assistance and training to
local educational agencies to improve and support the
development, implementation, and coordination of
comprehensive positive behavioral interventions and
supports carried out under this Act with similar
activities carried out under the Individuals with
Disabilities Education Act; and
``(C) evaluate the effects of providing positive
behavioral interventions and supports.
``(12) Early intervening services.--In the case of a State
that proposes to use funds under this part to support early
intervening services, the State plan shall describe how the
State educational agency will--
``(A) assist local educational agencies in
implementing early intervening services in schools
served by the local educational agency to reduce the
need to label children as disabled in order to address
the learning and behavioral needs of such children;
``(B) provide technical assistance and training to
local educational agencies to improve coordination of
early intervening services provided under this Act with
similar early intervening services carried out under
the Individuals with Disabilities Education Act; and
``(C) evaluate the effects of providing early
intervening services.''.
(b) Title I State Reports.--Section 1111(h)(1)(C) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is
amended--
(1) in clause (vii), by striking ``and'' after the
semicolon;
(2) in clause (viii), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(ix) the number of local educational
agencies that implement positive behavioral
interventions and supports; and
``(x) the number of students--
``(I) who are served through the
use of early intervening services; and
``(II) who in the preceding 2-year
period, received early intervening
services and who, after receiving such
services, have been identified as
eligible for, and receive, special
education and related services under
part B of the Individuals with
Disabilities Education Act.''.
(c) Title I Local Educational Agency Plans.--Section 1112(b)(1) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6312(b)(1)) is amended--
(1) in subparagraph (P), by striking ``and'' after the
semicolon;
(2) in subparagraph (Q), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following:
``(R) if the local educational agency proposes to
use subgrant funds under this part for positive
behavioral interventions and supports, a description of
the actions the local educational agency will take to
provide positive behavioral interventions and supports
and coordinate those activities with similar activities
carried out under the Individuals with Disabilities
Education Act; and
``(S) if the local educational agency proposes to
use subgrant funds under this part for early
intervening services, a description of the actions the
local educational agency will take to provide early
intervening services and coordinate those services with
similar early intervening services carried out under
the Individuals with Disabilities Education Act.''.
(d) Title I Schoolwide Programs.--
(1) Schoolwide programs.--Section 1114(b)(1)(B)(iii)(I) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6314(b)(1)(B)(iii)(I)) is amended--
(A) by redesignating items (bb) and (cc) as items
(dd) and (ee), respectively; and
(B) by inserting after item (aa) the following:
``(bb) implementation of schoolwide
positive behavioral interventions and
supports, including through
coordination with similar activities
carried out under the Individuals with
Disabilities Education Act in order to
improve academic outcomes for students
and reduce the need for suspensions,
expulsions, referrals to law
enforcement, and other actions that
remove students from instruction;
``(cc) implementation of early
intervening services, including through
coordination with similar early
intervening services carried out under
the Individuals with Disabilities
Education Act;''.
(2) Technical assistance.--Section 1116(b)(4)(B) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)(4)(B))--
(A) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively; and
(B) by inserting after clause (ii) the following:
``(iii) shall include assistance in the
implementation of schoolwide positive behavior
supports and other approaches with evidence of
effectiveness for improving the learning
environment in the school and reducing the need
for suspensions, expulsions, and other actions
that remove students from instruction,
including effective strategies for improving
coordination of community resources;''.
(e) Title I Assessments and School Improvement.--
(1) School improvement plan.--Section 1116(b)(3)(A) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)(3)(A)) is amended--
(A) in clause (ix), by striking ``and'' after the
semicolon;
(B) in clause (x), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(xi) specify whether the local
educational agency or the school will adopt and
implement policies or practices to implement or
improve positive behavioral interventions and
supports and enhance coordination with similar
activities carried out under the Individuals
with Disabilities Education Act; and
``(xii) specify whether the local
educational agency or the school will adopt and
implement policies or practices to implement or
improve early intervening services and
coordinate with similar early intervening
services carried out under the Individuals with
Disabilities Education Act.''.
(2) Local educational agency improvement plans.--Section
1116(c)(10)(C) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316(c)(10)(C)) is amended by adding at the end
the following:
``(vii) Improving or expanding positive
behavioral interventions and supports and
enhancing coordination with similar activities
under the Individuals with Disabilities
Education Act.
``(viii) Improving or expanding early
intervening services and coordinating such
services with similar early intervening
services carried out under the Individuals with
Disabilities Education Act.''.
(f) Title I School Support and Recognition.--
(1) Regional centers.--Section 1117(a)(3) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6317(a)(3)) is
amended--
(A) by striking ``of 2002 and comprehensive'' and
inserting ``of 2002, comprehensive'';
(B) by striking ``and the comprehensive'' and
inserting ``, the comprehensive''; and
(C) by inserting ``and any technical assistance
center on schoolwide positive behavioral interventions
and supports funded under section 665(b) of the
Individuals with Disabilities Education Act,'' after
``2002),''.
(2) Statewide systems for support.--Section 1117(a)(5)(B)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6317(a)(5)(B)) is amended--
(A) in clause (i), by striking the semicolon at the
end and inserting the following: ``, including by
improving or expanding the use of positive behavioral
interventions and supports aligned with similar
activities carried out under the Individuals with
Disabilities Education Act;'';
(B) in clause (iii), by striking ``and'' after the
semicolon;
(C) in clause (iv), by striking the period and
inserting a semicolon; and
(D) by adding at the end the following:
``(v) review and analyze the school's
efforts to identify and assist students with
poor academic achievement and students with
disabilities, and assist the school in
developing or improving early intervening
services that are coordinated with similar
activities carried out under the Individuals
with Disabilities Education Act;
``(vi) review and analyze the school's
efforts to address behavioral or disciplinary
problems, and assist the school in developing
or improving schoolwide positive behavioral
interventions and supports that are coordinated
with similar activities carried out under the
Individuals with Disabilities Education Act;
and
``(vii) review the number of discipline
incidents in the school and use that
information to assist the school to implement
schoolwide positive behavioral interventions
and supports or other early intervening
services, or both.''.
(g) Title I Parental Involvement.--Section 1118(e) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6318(e)) is
amended--
(1) by redesignating paragraphs (6) through (14) as
paragraphs (7) through (15), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) shall provide information to school personnel,
students, and parents about the school's use of positive
behavioral interventions and supports and the expectations of
school personnel, students, and parents in supporting a safe
learning environment for all students;''.
(h) Prevention and Intervention Programs.--Section 1414(c)(8) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6434(c)(8)) is amended by inserting ``, including coordinating the use
of positive behavioral interventions and supports and early intervening
services to improve academic achievement and reduce disciplinary
actions'' before the semicolon at the end.
(i) Technical Assistance.--Section 1419 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6439) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(3) to provide technical assistance in implementing
positive behavior interventions and supports and early
intervening services in order to improve academic achievement
and reduce disciplinary actions.''.
(j) Definition.--Section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801) is amended--
(1) by redesignating paragraphs (17) through (43) as
paragraphs (18) through (44), respectively; and
(2) by inserting after paragraph (15) the following:
``(16) Early intervening services.--The term `early
intervening services' means early intervening services
described in section 613(f)(1) of the Individuals with
Disabilities Education Act.''. | Achievement Through Prevention Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to allow states, local educational agencies, and schools to use school improvement funds to implement schoolwide positive behavioral interventions and supports and early intervening services and coordinate them with similar activities carried out under the Individuals with Disabilities Education Act. (Early intervening services are a set of coordinated services for students in kindergarten through grade 12 who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.)
Amends part D of title I of the ESEA to require states that receive funds for the education of neglected or delinquent children or youth to use positive behavioral interventions and supports and early intervening services to improve such students' academic performance and reduce their need for discipline. | {"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to allow State educational agencies, local educational agencies, and schools to increase implementation of schoolwide positive behavioral interventions and supports and early intervening services in order to improve student academic achievement, reduce overidentification of individuals with disabilities, and reduce disciplinary problems in school, and to improve coordination with similar activities and services provided under the Individuals with Disabilities Education Act."} | 2,619 | 186 | 0.648422 | 1.607113 | 0.840447 | 2.792683 | 14.286585 | 0.853659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Riverside School for the Arts Act of
2000''.
SEC. 2. PLANNING AND DEVELOPMENT OF THE RIVERSIDE SCHOOL FOR THE ARTS.
(a) Findings.--Congress makes the following findings:
(1) The United States is home to the world's largest
entertainment technology industry comprising motion picture
production, television, multimedia, new media, and information
technology sectors; motion picture production alone accounted
for $30,500,000,000 in gross domestic product in 1997.
(2) California's entertainment technology industry,
centered in Southern California, provides the largest export
product in the State.
(3) The Southern California entertainment technology
industry alone employs over 500,000 people--more than 70
percent of all entertainment professionals working in the State
of California.
(4) The Southern California entertainment technology
industry continues to report a shortage of trained personnel to
fill production and artistic jobs, and an ever-growing reliance
on foreign labor.
(5) National education in the arts, and training of artists
and technical professionals in the United States has not kept
pace with the demands of the entertainment technology industry.
(6) California projects that more than 260,000 new
elementary and secondary school teachers will be needed in the
state in the next 10 years, and the University of California
and the California State University systems now require
successful completion of visual and performing arts coursework
as a college entrance requirement.
(7) No existing educational or training institution in
California offers this fusion of academic, artistic, and
technical preparation that can develop professionals or
teachers equipped to meet the demands of the entertainment
technology industry and the needs of California's public K-12
systems.
(8) Riverside County, California (population 1,441,237),
which is located adjacent to the core of the Southern
California entertainment industry, is considered one of the
State's fastest growing population/transportation/business
corridors and is strategically positioned to be a center for an
evolving entertainment support industry.
(9) The Riverside School for the Arts will create a new
model for developing and training artists and entertainment
professionals, and will educate students from throughout the
region, State, and Nation.
(10) In 2000, the legislature of California authorized the
designation of the Riverside School for the Arts as a
California Center for Excellence and authorized the joint
funding and operation of the School under the three public
education segments.
(11) The Riverside School for the Arts will serve as a
model for intersegmental education that spans the K-12,
community college, and university levels.
(12) The Riverside School for the Arts will serve as a
model for teacher preparation programs.
(13) The Riverside School for the Arts will serve as a
local, regional, and national site for the study of the
integration of intensive liberal arts and sciences curriculum,
traditional visual and performing arts training, and emerging
new media instruction.
(14) The Riverside School for the Arts will provide a
unique access point into the entertainment technology industry
for under-represented and disadvantaged populations, as well as
a retraining entry point for professionals already employed in
the industry.
(15) The Riverside School for the Arts, located in the City
of Riverside's main urban redevelopment area, will illustrate
the concept of how an intersegmental, industry-sensitive
educational institution can serve as a catalyst and anchor for
the revitalization of downtown areas.
(16) The Riverside School for the Arts will sponsor visual
and performing arts programs, including programs related to all
entertainment forms--e.g., film, drama, dance, music
(traditional, contemporary, and electronic), literary arts, as
well as community-oriented productions and events.
(17) Facility development of the Riverside School for the
Arts encompasses three distinct programmatic areas of study:
the performing arts, the visual arts, and the liberal arts. The
Riverside School for the Arts is planned to include a 400-seat
Proscenium Theater, a 200-300 seat Black Box Theater, a 400-
seat Dance Studio Theater, a Photography Modeling Center, a
Digital Filmmaking and Animation Hall, sound and animation
studios, convertible performance and exhibition spaces, a
student-operated gift store, a film and video library, a back
lot area, administrative and faculty offices, and a residential
housing building.
(18) It is appropriate for the Federal Government to share
in the costs of planning and program development of the
Riverside School for the Arts because Congress recognizes that
the Riverside School
for the Arts has the potential to be a premier education and training
facility for performing arts, new media, and entertainment technology;
and serve as a model for education/business partnerships,
intersegmental educational planning, teacher preparation and training,
and community and economic development.
(b) Definitions.--In this section--
(1) the term ``Partnership'' means Riverside Community
College, the University of California at Riverside, and the
Riverside County Office of Education; and
(2) the term ``School'' means the Riverside School for the
Arts.
(c) Construction of the School.--The Secretary of Education will
award a grant to the Partnership to pay for the Federal share of the
costs of design, construction, furnishing, and equipping the School
that will be located at a site to be determined by the Riverside
Community College District, within the City of Riverside, California.
(d) Grant Requirements.--
(1) In general.--In order to receive a grant awarded under
subsection (c), the Partnership, acting through the President
of Riverside Community College--
(A) shall submit to the Secretary of Education,
within 45 days of the date of the enactment of this
Act, a copy of the Riverside School for the Arts
program documents; and
(B) shall exercise due diligence to expeditiously
execute, in a period not to exceed 90 days, a
memorandum of understanding concerning construction
timelines and program development phases.
(2) Memorandum of understanding.--The memorandum of
understanding described in paragraph (1) shall provide--
(A) the date of completion of the construction of
the School;
(B) that the Partnership shall award the contract
for architectural engineering and design services in
accordance with the California Education Code; and
(C) that the contract for construction of the
School--
(i) shall be awarded pursuant to a
competitive bid process; and
(ii) shall be awarded not later than 3
months after the solicitation of bids for the
construction of the School.
(3) Federal share.--The Federal share of the costs
described in subsection (c) shall be 50 percent.
(4) Non-federal share.--The non-Federal share of the costs
described in subsection (c) shall be in cash or in kind fairly
evaluated, including plant, equipment, or services. The non-
Federal share of the costs described in subsection (c) shall
include $25,000,000 appropriated by the California State
legislature for the planning, development, and construction of
the School.
(e) Use of Funds for Design, Construction, Furnishing, and
Equipment.--The funds received under a grant awarded under subsection
(c) shall be used only for the design, construction, inspection, and
furnishing of the School.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Partnership to carry out this section a total of
$25,000,000 for fiscal year 2001 and succeeding fiscal years. Funds
appropriated pursuant to the authority of the preceding sentence shall
remain available until expended. | Requires the Partnership to: (1) consist of the Riverside Community College, the University of California at Riverside, and the Riverside County Office of Education; and (2) execute a memorandum of understanding concerning construction timelines and program development phases.
Authorizes appropriations. | {"src": "billsum_train", "title": "Riverside School for the Arts Act of 2000"} | 1,592 | 59 | 0.426843 | 1.267836 | 0.434123 | 4.72549 | 30.568627 | 0.921569 |
TITLE I--DEPARTMENT OF STATE REWARDS PROGRAM
SEC. 101. REVISION OF PROGRAM.
Section 36 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708) is amended to read as follows:
``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.
``(a) Establishment.--
``(1) In general.--There is established a program for the
payment of rewards to carry out the purposes of this section.
``(2) Purpose.--The rewards program shall be designed to assist
in the prevention of acts of international terrorism, international
narcotics trafficking, and other related criminal acts.
``(3) Implementation.--The rewards program shall be
administered by the Secretary of State, in consultation, as
appropriate, with the Attorney General.
``(b) Rewards Authorized.--In the sole discretion of the Secretary
(except as provided in subsection (c)(2)) and in consultation, as
appropriate, with the Attorney General, the Secretary may pay a reward
to any individual who furnishes information leading to--
``(1) the arrest or conviction in any country of any individual
for the commission of an act of international terrorism against a
United States person or United States property;
``(2) the arrest or conviction in any country of any individual
conspiring or attempting to commit an act of international
terrorism against a United States person or United States property;
``(3) the arrest or conviction in any country of any individual
for committing, primarily outside the territorial jurisdiction of
the United States, any narcotics-related offense if that offense
involves or is a significant part of conduct that involves--
``(A) a violation of United States narcotics laws such that
the individual would be a major violator of such laws;
``(B) the killing or kidnapping of--
``(i) any officer, employee, or contract employee of
the United States Government while such individual is
engaged in official duties, or on account of that
individual's official duties, in connection with the
enforcement of United States narcotics laws or the
implementing of United States narcotics control objectives;
or
``(ii) a member of the immediate family of any such
individual on account of that individual's official duties,
in connection with the enforcement of United States
narcotics laws or the implementing of United States
narcotics control objectives; or
``(C) an attempt or conspiracy to commit any act described
in subparagraph (A) or (B);
``(4) the arrest or conviction in any country of any individual
aiding or abetting in the commission of an act described in
paragraph (1), (2), or (3); or
``(5) the prevention, frustration, or favorable resolution of
an act described in paragraph (1), (2), or (3).
``(c) Coordination.--
``(1) Procedures.--To ensure that the payment of rewards
pursuant to this section does not duplicate or interfere with the
payment of informants or the obtaining of evidence or information,
as authorized to the Department of Justice, the offering,
administration, and payment of rewards under this section,
including procedures for--
``(A) identifying individuals, organizations, and offenses
with respect to which rewards will be offered;
``(B) the publication of rewards;
``(C) the offering of joint rewards with foreign
governments;
``(D) the receipt and analysis of data; and
``(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of
State, in consultation with the Attorney General.
``(2) Prior approval of attorney general required.--Before
making a reward under this section in a matter over which there is
Federal criminal jurisdiction, the Secretary of State shall obtain
the concurrence of the Attorney General.
``(d) Funding.--
``(1) Authorization of appropriations.--Notwithstanding section
102 of the Foreign Relations Authorization Act, Fiscal Years 1986
and 1987 (Public Law 99-93; 99 Stat. 408), but subject to paragraph
(2), there are authorized to be appropriated to the Department of
State from time to time such amounts as may be necessary to carry
out this section.
``(2) Limitation.--No amount of funds may be appropriated under
paragraph (1) which, when added to the unobligated balance of
amounts previously appropriated to carry out this section, would
cause such amounts to exceed $15,000,000.
``(3) Allocation of funds.--To the maximum extent practicable,
funds made available to carry out this section should be
distributed equally for the purpose of preventing acts of
international terrorism and for the purpose of preventing
international narcotics trafficking.
``(4) Period of availability.--Amounts appropriated under
paragraph (1) shall remain available until expended.
``(e) Limitations and Certification.--
``(1) Maximum amount.--No reward paid under this section may
exceed $5,000,000.
``(2) Approval.--A reward under this section of more than
$100,000 may not be made without the approval of the Secretary.
``(3) Certification for payment.--Any reward granted under this
section shall be approved and certified for payment by the
Secretary.
``(4) Nondelegation of authority.--The authority to approve
rewards of more than $100,000 set forth in paragraph (2) may not be
delegated.
``(5) Protection measures.--If the Secretary determines that
the identity of the recipient of a reward or of the members of the
recipient's immediate family must be protected, the Secretary may
take such measures in connection with the payment of the reward as
he considers necessary to effect such protection.
``(f) Ineligibility.--An officer or employee of any entity of
Federal, State, or local government or of a foreign government who,
while in the performance of his or her official duties, furnishes
information described in subsection (b) shall not be eligible for a
reward under this section.
``(g) Reports.--
``(1) Reports on payment of rewards.--Not later than 30 days
after the payment of any reward under this section, the Secretary
shall submit a report to the appropriate congressional committees
with respect to such reward. The report, which may be submitted in
classified form if necessary, shall specify the amount of the
reward paid, to whom the reward was paid, and the acts with respect
to which the reward was paid. The report shall also discuss the
significance of the information for which the reward was paid in
dealing with those acts.
``(2) Annual reports.--Not later than 60 days after the end of
each fiscal year, the Secretary shall submit a report to the
appropriate congressional committees with respect to the operation
of the rewards program. The report shall provide information on the
total amounts expended during the fiscal year ending in that year
to carry out this section, including amounts expended to publicize
the availability of rewards.
``(h) Publication Regarding Rewards Offered by Foreign
Governments.--Notwithstanding any other provision of this section, in
the sole discretion of the Secretary, the resources of the rewards
program shall be available for the publication of rewards offered by
foreign governments regarding acts of international terrorism which do
not involve United States persons or property or a violation of the
narcotics laws of the United States.
``(i) Determinations of the Secretary.--A determination made by the
Secretary under this section shall be final and conclusive and shall
not be subject to judicial review.
``(j) Definitions.--As used in this section:
``(1) Act of international terrorism.--The term `act of
international terrorism' includes--
``(A) any act substantially contributing to the acquisition
of unsafeguarded special nuclear material (as defined in
paragraph (8) of section 830 of the Nuclear Proliferation
Prevention Act of 1994 (22 U.S.C. 3201 note)) or any nuclear
explosive device (as defined in paragraph (4) of that section)
by an individual, group, or non-nuclear-weapon state (as
defined in paragraph (5) of that section); and
``(B) any act, as determined by the Secretary, which
materially supports the conduct of international terrorism,
including the counterfeiting of United States currency or the
illegal use of other monetary instruments by an individual,
group, or country supporting international terrorism as
determined for purposes of section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)).
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(3) Member of the immediate family.--The term `member of the
immediate family', with respect to an individual, includes--
``(A) a spouse, parent, brother, sister, or child of the
individual;
``(B) a person with respect to whom the individual stands
in loco parentis; and
``(C) any person not covered by subparagraph (A) or (B) who
is living in the individual's household and is related to the
individual by blood or marriage.
``(4) Rewards program.--The term `rewards program' means the
program established in subsection (a)(1).
``(5) United states narcotics laws.--The term `United States
narcotics laws' means the laws of the United States for the
prevention and control of illicit trafficking in controlled
substances (as such term is defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6))).
``(6) United states person.--The term `United States person'
means--
``(A) a citizen or national of the United States; and
``(B) an alien lawfully present in the United States.''.
SEC. 102. REWARDS FOR INFORMATION CONCERNING INDIVIDUALS SOUGHT FOR
SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW
RELATING TO THE FORMER YUGOSLAVIA.
(a) Authority.--In the sole discretion of the Secretary of State
(except as provided in subsection (b)(2)) and in consultation, as
appropriate, with the Attorney General, the Secretary may pay a reward
to any individual who furnishes information leading to--
(1) the arrest or conviction in any country; or
(2) the transfer to, or conviction by, the International
Criminal Tribunal for the Former Yugoslavia,
of any individual who is the subject of an indictment confirmed by a
judge of such tribunal for serious violations of international
humanitarian law as defined under the statute of such tribunal.
(b) Procedures.--
(1) To ensure that the payment of rewards pursuant to this
section does not duplicate or interfere with the payment of
informants or the obtaining of evidence or information, as
authorized to the Department of Justice, subject to paragraph (3),
the offering, administration, and payment of rewards under this
section, including procedures for--
(A) identifying individuals, organizations, and offenses
with respect to which rewards will be offered;
(B) the publication of rewards;
(C) the offering of joint rewards with foreign governments;
(D) the receipt and analysis of data; and
(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of
State, in consultation with the Attorney General.
(2) Before making a reward under this section in a matter over
which there is Federal criminal jurisdiction, the Secretary of
State shall obtain the concurrence of the Attorney General.
(3) Rewards under this section shall be subject to any
requirements or limitations that apply to rewards under section 36
of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2708) with respect to the ineligibility of government employees for
rewards, maximum reward amount, and procedures for the approval and
certification of rewards for payment.
(c) Reference.--For the purposes of subsection (a), the statute of
the International Criminal Tribunal for the Former Yugoslavia means the
Annex to the Report of the Secretary General of the United Nations
pursuant to paragraph 2 of Security Council Resolution 827 (1993) (S/
25704).
(d) Determination of the Secretary.--A determination made by the
Secretary of State under this section shall be final and conclusive and
shall not be subject to judicial review.
(e) Priority.--Rewards under this section may be paid from funds
authorized to carry out section 36 of the State Department Basic
Authorities Act of 1956. In the Administration and payment of rewards
under the rewards program of section 36 of the State Department Basic
Authorities Act of 1956, the Secretary of State shall ensure that
priority is given for payments to individuals described in section 36
of that Act and that funds paid under this section are paid only after
any and all due and payable demands are met under section 36 of that
Act.
(f) Reports.--The Secretary shall inform the appropriate committees
of rewards paid under this section in the same manner as required by
section 36(g) of the State Department Basic Authorities Act of 1956.
TITLE II--EXTRADITION TREATIES INTERPRETATION ACT OF 1998
SEC. 201. SHORT TITLE.
This title may be cited as the ``Extradition Treaties
Interpretation Act of 1998''.
SEC. 202. FINDINGS.
Congress finds that--
(1) each year, several hundred children are kidnapped by a
parent in violation of law, court order, or legally binding
agreement and brought to, or taken from, the United States;
(2) until the mid-1970's, parental abduction generally was not
considered a criminal offense in the United States;
(3) since the mid-1970's, United States criminal law has
evolved such that parental abduction is now a criminal offense in
each of the 50 States and the District of Columbia;
(4) in enacting the International Parental Kidnapping Crime Act
of 1993 (Public Law 103-173; 107 Stat. 1998; 18 U.S.C. 1204),
Congress recognized the need to combat parental abduction by making
the act of international parental kidnapping a Federal criminal
offense;
(5) many of the extradition treaties to which the United States
is a party specifically list the offenses that are extraditable and
use the word ``kidnapping'', but it has been the practice of the
United States not to consider the term to include parental
abduction because these treaties were negotiated by the United
States prior to the development in United States criminal law
described in paragraphs (3) and (4);
(6) the more modern extradition treaties to which the United
States is a party contain dual criminality provisions, which
provide for extradition where both parties make the offense a
felony, and therefore it is the practice of the United States to
consider such treaties to include parental abduction if the other
foreign state party also considers the act of parental abduction to
be a criminal offense; and
(7) this circumstance has resulted in a disparity in United
States extradition law which should be rectified to better protect
the interests of children and their parents.
SEC. 203. INTERPRETATION OF EXTRADITION TREATIES.
For purposes of any extradition treaty to which the United States
is a party, Congress authorizes the interpretation of the terms
``kidnaping'' and ``kidnapping'' to include parental kidnapping.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Department of State Rewards Program
Title II: Extradition Treaties Interpretation Act of 1998
Title I: Department of State Rewards Program
- Amends the State Department Basic Authorities Act of 1956 to revise the Department of State program of rewards for information leading to the arrest or conviction of individuals for acts of international terrorism against U.S. persons or property. Makes rewards also available for information leading to the arrest or conviction in any country of any individual for: (1) certain narcotics-related offenses, including killing or kidnapping; and (2) aiding or abetting in the commission of any such acts of intentional terrorism or narcotics-related offenses. Provides for rewards for the prevention, frustration, or favorable resolution of any such acts.
(Sec. 101) Authorizes additional appropriations for such rewards. Limits the maximum reward to $5 million.
Authorizes the Secretary to take necessary measures to provide for the protection of a reward recipient's identity (including that of the recipient's immediate family).
Declares that all determinations of the Secretary under this Act shall be final and not subject to judicial review.
(Sec. 102) Authorizes the Secretary to pay a reward for information leading to the arrest or conviction in any country, or the transfer to, or conviction by, the International Criminal Tribunal for the Former Yugoslavia, of any individual who is the subject of an indictment by the Tribunal for serious violations of international humanitarian law. Requires the Secretary to obtain the concurrence of the Attorney General before making a reward.
Title II: Extradition Treaties Interpretation Act of 1998
- Extradition Treaties Interpretation Act of 1998 - Authorizes the interpretation of the terms "kidnaping" and "kidnapping" to include international parental kidnapping for purposes of any extradition treaty to which the United States is a party. | {"src": "billsum_train", "title": "Extradition Treaties Interpretation Act of 1998"} | 3,462 | 427 | 0.625474 | 1.971246 | 0.782809 | 3.886111 | 8.836111 | 0.913889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Preservation Act of 1997''.
SEC. 2. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND.
(a) General Rule.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 138 as section
139 and by inserting after section 137 the following new section:
``SEC. 138. SALES AND EXCHANGES OF FARMLAND THE USE OF WHICH IS
RESTRICTED TO FARMING.
``(a) General Rule.--In the case of an operator of farmland, gross
income does not include gain from the sale or exchange of farmland if
there is in effect on the date of such sale or exchange a qualified
covenant which does not permit any use of such farmland for any purpose
other than use as farmland.
``(b) Definitions.--For purposes of this section--
``(1) Farmland.--The term `farmland' means any real
property--
``(A) which is located in the United States, and
``(B) which is used as a farm for farming purposes
(within the meaning of section 2032A(e)).
``(2) Qualified covenant--The term `qualified covenant'
means a covenant--
``(A) which may not be revoked,
``(B) which, with respect to farmland to which such
covenant applies, is entered into by all persons having
any ownership interest in such farmland, and
``(C) which binds all future owners of the farmland
to which such covenant applies.
``(c) Application With Principal Residences.--For purposes of this
section, use as farmland includes use as the principal residence of the
operator of such farmland.
``(d) Verification of Covenant.--Subsection (a) shall not apply by
reason of any covenant unless such person--
``(1) notifies (in such form and manner as the Secretary
may by regulations prescribe) both the Secretary and the
Secretary of Agriculture of the political subdivision of the
State in which such covenant is recorded, and
``(2) submits to the Secretary a copy of such covenant.''
(b) Clerical Amendment.--The table of sections for such part is
amended by striking the last item and inserting the following new
items:
``Sec. 138. Sales and exchanges of
farmland the use of which is
restricted to farming.
``Sec. 139. Cross references to other
Acts.''
(c) Effective Date.--The amendments made by this section shall
apply to covenants first recorded after December 31, 1996, and to sales
and exchanges after such date.
SEC. 3. EXCLUSION FROM GROSS ESTATE OF FARMLAND WHICH BY COVENANT IS
RESTRICTED TO USE AS FARMLAND.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2033 the following new section:
``SEC. 2033A. EXCLUSION OF FARMLAND WHICH BY COVENANT IS RESTRICTED TO
USE AS FARMLAND.
``(a) In General.--In the case of an estate of a decedent to which
this section applies, the value of the gross estate shall not include
the adjusted value of farmland included in the estate if there is in
effect on the date of death a qualified covenant which does not permit
any use of such farmland for any purpose other than use as farmland.
``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
``(1) the decedent was (at the date of the decedent's
death) a citizen or resident of the United States, and
``(2) during the 8-year period ending on the date of the
decedent's death there have been periods aggregating 5 years or
more during which--
``(A) the farmland were owned by the decedent or a
member of the decedent's family, and
``(B) there was material participation (within the
meaning of section 2032A(e)(6)) by the decedent or a
member of the decedent's family in the operation of the
farmland.
``(c) Definitions.--For purposes of this section--
``(1) Farmland.--The term `farmland' means any real
property--
``(A) which is located in the United States, and
``(B) which is used as a farm for farming purposes
(within the meaning of section 2032A(e)).
``(2) Qualified covenant.--The term `qualified covenant'
means a covenant--
``(A) which may not be revoked,
``(B) which, with respect to farmland to which such
covenant applies, is entered into by all persons having
any ownership interest in such farmland, and
``(C) which binds all future owners of the farmland
to which such covenant applies.
``(3) Adjusted value.--The term `adjusted value' means the
value of farmland for purposes of this chapter (determined
without regard to this section), reduced by the amount
deductible under paragraph (3) or (4) of section 2053(a).
``(d) Application With Principal Residences.--For purposes of this
section, use as farmland includes use as the principal residence of the
operator of such farmland.
``(e) Verification of Covenant.--Subsection (a) shall not apply by
reason of any covenant unless such person--
``(1) notifies (in such form and manner as the Secretary
may by regulations prescribe) both the Secretary and the
Secretary of Agriculture of the political subdivision of the
State in which such covenant is recorded, and
``(2) submits to the Secretary a copy of such covenant.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of such Code is amended by inserting after
the item relating to section 2033 the following new item:
``Sec. 2033A. Exclusion of farmland which
by covenant is restricted to
use as farmland.''
(c) Effective Date.--The amendments made by this section shall
apply to covenants first recorded after December 31, 1996, with respect
to estates of decedents dying after such date. | Farm Preservation Act of 1997 - Amends the Internal Revenue Code to exclude from gross income the gain from the sale or exchange of farmland if there is a covenant prohibiting any use other than as farmland. Excludes from the gross estate the value of farmland if there is a covenant prohibiting any use other than as farmland. | {"src": "billsum_train", "title": "Farm Preservation Act of 1997"} | 1,515 | 80 | 0.626499 | 1.420809 | 0.830442 | 3.196721 | 21.04918 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NASA Innovation Fund and Sponsorship
Act of 2007''.
SEC. 2. NASA INNOVATION FUND.
(a) Creation.--
(1) Establishment.--There is established in the Treasury of
the United States a trust fund, to be known as the ``NASA
Innovation Fund'' (referred to in this Act as the ``Fund''),
consisting of such amounts as may be transferred to the Fund
under paragraph (2).
(2) Transfer.--Any amount collected from charitable
donations or in accordance with the program authorized under
section 4 shall be transferred to the Fund.
(b) Expenditures.--Amounts in the Fund may be used, to the extent
provided in advance in appropriations Acts, as follows:
(1) Advertising.--Not more than 10 percent of amounts
transferred to the Fund in each fiscal year, not to exceed
$1,000,000, may be used by the Administrator in such fiscal
year for advertising under subsection (c) of section 314 of the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2459f-
1(c)).
(2) Administration.--Not more than $200,000 of amounts in
the Fund may be used by the Administrator in each fiscal year
for expenses incurred in administering the prize competition
described under section 314 of such Act.
(3) Prize money.--Any amounts in the Fund not expended
under paragraph (1) or (2) may be used for any prize awarded
under section 314 of such Act.
(c) Investment of Amounts.--
(1) Amounts available.--The Secretary of the Treasury shall
invest such portion of the Fund as is not required, in the
determination of the Secretary, to meet current withdrawals.
(2) Interest-bearing obligations.--Investments may be made
only in interest-bearing obligations of the United States.
(3) Acquisition of obligations.--Pursuant to paragraphs (1)
and (2), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(4) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at market
price.
(5) Credits to fund.--The interest on and proceeds from the
sale or redemption of any obligations held in the Fund shall be
credited to and form part of the Fund.
SEC. 3. NASA INNOVATION FUND SPONSORSHIP ADVISORY COMMITTEE.
(a) Establishment.--There is established within the National
Aeronautics and Space Administration the NASA Innovation Fund
Sponsorship Advisory Committee (referred to in this Act as the
``Advisory Committee'') to advise the Administrator on carrying out the
program authorized under this section and section 4.
(b) Membership.--
(1) Composition.--The Advisory Committee shall consist of 5
citizens of the United States, including persons with expertise
in mathematics or science education, and in promotional
activities, appointed by the Administrator not later than 90
days after the date of the enactment of this Act. The
Administrator shall seek to include individuals from academia,
the nonprofit sector, and the private sector. The Administrator
shall appoint a Chair and a Vice Chair for the Advisory
Committee.
(2) Terms.--
(A) Length.--Each member of the Advisory Committee
appointed under paragraph (1) shall serve for a term of
three years, but the lengths of the initial terms of
such members shall be staggered to ensure continuity of
administration.
(B) Vacancy.--If a seat on the Advisory Committee
to which a member of the Advisory Committee is
appointed under paragraph (1) becomes vacant due to the
departure of such member prior to the expiration of the
term of such member, a successor may be appointed by
the Administrator to serve the remainder of the term of
such member.
(C) Reappointment.--A member of the Advisory
Committee appointed under paragraph (1) may not serve
on the Advisory Committee for more than 6 years.
(3) Compensation.--No compensation shall be paid to members
of the Advisory Committee for their services as members, but
members shall be reimbursed for actual and necessary traveling
and subsistence expenses incurred in the performance of the
duties of the Advisory Committee.
(c) Meetings.--
(1) Frequency.--The Advisory Committee shall meet not less
than 4 times each year, and the Administrator may call
additional meetings.
(2) Presence of nasa officers.--The Administrator and the
Chief of Strategic Communications of NASA, or their designees,
shall be present at each meeting of the Advisory Committee to
provide technical or programmatic guidance.
SEC. 4. INNOVATION FUND SPONSORSHIP PROGRAM.
(a) Authorization.--
(1) Innovation fund sponsorship program.--The Administrator
is authorized to create and administer an Innovation Fund
Sponsorship Program, which shall permit any person to develop
and implement a promotional program that includes the use of
the Partnership Logo in exchange for a monetary contribution to
the Fund from such person.
(2) Sponsor.--Pursuant to subsection (c)(2), for the
purposes of this section, a person whose application to
participate in the Innovation Fund Sponsorship Program has been
approved shall be known as a ``sponsor''.
(b) Partnership Logo.--The Administrator shall select and adopt a
logo to be used in the promotional program of any sponsor. Such logo
shall be based on the recommendations of the Advisory Committee. Such
logo shall include the words ``NASA Innovation Fund Partner'' and an
appropriate image, as determined by the Advisory Committee.
(c) Application Process.--To be eligible to be selected as a
sponsor, a person shall submit to the Administrator an application in
such form, at such time, and containing such information as the
Administrator may require. The proposals shall be reviewed by the
Advisory Committee, which shall make recommendations to the
Administrator. Each such application shall include the following:
(1) The amount to be contributed by such person to the
Fund.
(2) A specific description of the promotional program
(using the Partnership Logo) such person plans to develop,
which shall include at least one of the following:
(A) Presenting educational information concerning
science, technology, engineering, or mathematics, or
directing the audience of such program to such
information.
(B) Promoting educational programs concerning
science, technology, engineering, or mathematics and
encouraging the study of such disciplines.
(C) Promoting specific employment and educational
opportunities in science, technology, engineering, or
mathematics.
(d) Sponsorship Agreement.--Each person whose application is
approved pursuant to subsection (c) shall enter into a sponsorship
agreement with the Administrator which shall--
(1) require that such person provide to the Administrator
an amount not less than the amount specified under subsection
(c)(1); and
(2) permit such person to use the Partnership Logo in the
promotional program of such person as described in the
application submitted under paragraph (2) of such subsection.
(e) Restrictions.--A promotional program under this section may not
include the following:
(1) No logos on spacecraft.--The application of any logo or
advertisement to the exterior surfaces of the International
Space Station, NASA launch vehicles, or Federal Government
payloads.
(2) No astronaut endorsements.--The endorsement of or
appearance in any advertisement for any product by any NASA
astronaut.
(3) No agency-wide endorsement.--The endorsement by NASA of
any product or service of any sponsor.
(4) No in-kind contribution.--The receipt of any
contribution under subsection (d)(1) in any form other than
cash.
(5) Minimum level of contribution.--An expected
contribution under subsection (c)(1) that is less than a
minimum amount that the Administrator may establish.
(6) General restrictions.--Any other feature that the
Administrator determines to be inappropriate.
(f) Protection of Proprietary Information.--The Administrator shall
establish procedures to ensure appropriate protection of any
proprietary information submitted pursuant to this section.
(g) Statement of Congress Relating to NASA Participation.--Congress
strongly encourages NASA to carry out the activities authorized in
subsection (c) of section 314 of the National Aeronautics and Space Act
of 1958 (42 U.S.C. 2459f-1(c)) and to provide assistance to sponsors to
carry out promotional programs authorized under this section, as the
Administrator determines to be appropriate.
(h) Enforcement.--
(1) Unauthorized persons.--If any person who is not a
sponsor uses the Partnership Logo in connection with any
promotion of goods, services, or commercial activity in a
manner reasonably tending to suggest that such use is approved,
endorsed, or authorized by the Administrator, the Administrator
may commence a civil action for preventive relief, including an
application for a permanent or temporary injunction,
restraining order, or other order, and such person shall be
liable to the Administrator for a civil penalty in the amount
of $100,000 for each such violation. The Administrator shall
transfer any amounts received under this paragraph to the Fund.
(2) Unauthorized promotional programs.--If any sponsor
implements any promotional program using the Partnership Logo
that does not conform to the requirements of this Act, the
Administrator may commence a civil action for preventive
relief, including an application for a permanent or temporary
injunction, restraining order, or other order.
(i) Report.--Not later than October 31 of each year, the
Administrator shall transmit to Congress a report--
(1) that describes, with respect to the preceding fiscal
year all actions taken by the National Aeronautics and Space
Administration under this section, including--
(A) a full statement of receipts;
(B) a full statement of expenditures; and
(C) an evaluation of the efficiency and value of
the Innovation Fund Sponsorship Program; and
(2) that includes a report from the Advisory Committee on
its actions with respect to the preceding fiscal year.
(j) Consultation.--Each year, the Advisory Committee shall consult
with the director of each of the following NASA Centers to solicit
ideas to improve the program authorized under this section and section
4:
(1) Ames Research Center.
(2) Dryden Flight Research Center.
(3) Glenn Research Center.
(4) Goddard Space Flight Center.
(5) Jet Propulsion Laboratory.
(6) Johnson Space Center.
(7) Kennedy Space Center.
(8) Langley Research Center.
(9) Marshall Space Flight Center.
(10) Stennis Space Center.
SEC. 5. CONFORMING AMENDMENT.
Paragraph (1) of section 314(i) of the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2459f-1(i)(1)) is amended by inserting
before the period at the end the following: ``, except as provided in
the NASA Innovation Fund and Sponsorship Act of 2007.''.
SEC. 6. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(3) Partnership logo.--The term ``Partnership Logo'' means
the logo selected and adopted in accordance with section 4(b).
(4) Promotional program.--The term ``promotional program''
means any set of coordinated actions taken by a person to
publicize or make publicly recognizable a particular good,
service, program, or person. | NASA Innovation Fund and Sponsorship Act of 2007 - Establishes within the National Aeronautics and Space Administration (NASA) a NASA Innovation Fund into which amounts collected from charitable donations or in accordance with the Innovation Fund Sponsorship Program (created by this Act) shall be transferred.
Authorizes and sets limits on the use of amounts in the Fund for: (1) advertising prize competitions under NASA's Centennial Challenges prize program to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of space and aeronautical activities of NASA; and (2) expenses incurred in the administration of such competitions.
Establishes the NASA Innovation Fund Sponsorship Advisory Committee to advise the Administrator of NASA on carrying out the Innovation Fund Sponsorship Program.
Permits any person, under the Innovation Fund Sponsorship Program, to develop and implement a promotional program that includes the use of a partnership logo in exchange for a monetary contribution to the Fund from such person. Requires the NASA Administrator to select and adopt the logo to be used in the promotional program of any sponsor, based upon the recommendations of the Advisory Committee.
Requires the NASA Administrator to transmit annual reports to Congress on all action taken by NASA under such Program.
Requires the Advisory Committee to annually consult with the directors of specified NASA Centers to solicit ideas for the improvement of such Program. | {"src": "billsum_train", "title": "To create a sponsorship program to help fund NASA's Centennial Challenges prize program and expand public awareness of NASA activities and technology needs, and for other purposes."} | 2,508 | 303 | 0.582411 | 1.656989 | 0.80729 | 3.43346 | 8.790875 | 0.885932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lung Cancer Mortality Reduction Act
of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Lung cancer is the leading cause of cancer death for
both men and women, accounting for 28 percent of all cancer
deaths.
(2) Lung cancer kills more people annually than breast
cancer, prostate cancer, colon cancer, liver cancer, melanoma,
and kidney cancer combined.
(3) Since the National Cancer Act of 1971 (Public Law 92-
218; 85 Stat. 778), coordinated and comprehensive research has
raised the 5-year survival rates for breast cancer to 88
percent, for prostate cancer to 99 percent, and for colon
cancer to 64 percent.
(4) However, the 5-year survival rate for lung cancer is
still only 15 percent and a similar coordinated and
comprehensive research effort is required to achieve increases
in lung cancer survivability rates.
(5) Sixty percent of lung cancer cases are now diagnosed as
nonsmokers or former smokers.
(6) Two-thirds of nonsmokers diagnosed with lung cancer are
women.
(7) Certain minority populations, such as African-American
males, have disproportionately high rates of lung cancer
incidence and mortality, notwithstanding their similar smoking
rate.
(8) Members of the baby boomer generation are entering
their sixties, the most common age at which people develop lung
cancer.
(9) Tobacco addiction and exposure to other lung cancer
carcinogens such as Agent Orange and other herbicides and
battlefield emissions are serious problems among military
personnel and war veterans.
(10) Significant and rapid improvements in lung cancer
mortality can be expected through greater use and access to
lung cancer screening tests for at-risk individuals.
(11) Additional strategies are necessary to further enhance
the existing tests and therapies available to diagnose and
treat lung cancer in the future.
(12) The August 2001 Report of the Lung Cancer Progress
Review Group of the National Cancer Institute stated that
funding for lung cancer research was ``far below the levels
characterized for other common malignancies and far out of
proportion to its massive health impact''.
(13) The Report of the Lung Cancer Progress Review Group
identified as its ``highest priority'' the creation of
integrated, multidisciplinary, multi-institutional research
consortia organized around the problem of lung cancer rather
than around specific research disciplines.
(14) The United States must enhance its response to the
issues raised in the Report of the Lung Cancer Progress Review
Group, and this can be accomplished through the establishment
of a coordinated effort designed to reduce the lung cancer
mortality rate by 50 percent by 2015 and targeted funding to
support this coordinated effort.
SEC. 3. SENSE OF THE SENATE CONCERNING INVESTMENT IN LUNG CANCER
RESEARCH.
It is the sense of the Senate that--
(1) lung cancer mortality reduction should be made a
national public health priority; and
(2) a comprehensive mortality reduction program coordinated
by the Secretary of Health and Human Service is justified and
necessary to adequately address and reduce lung cancer
mortality.
SEC. 4. LUNG CANCER MORTALITY REDUCTION PROGRAM.
(a) In General.--Subpart 1 of part C of title IV of the Public
Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the
end the following:
``SEC. 417E. LUNG CANCER MORTALITY REDUCTION PROGRAM.
``(a) In General.--Not later than 6 months after the date of
enactment of the Lung Cancer Mortality Reduction Act of 2008, the
Secretary, in consultation with the Secretary of Defense, the Secretary
of Veterans Affairs, the Director of the National Institutes of Health,
the Director of the Centers for Disease Control and Prevention, the
Administrator of the Food and Drug Administration, the Director of the
Centers for Medicare & Medicaid Services, the Director of the National
Center on Minority Health and Health Disparities, and other members of
the Lung Cancer Advisory Board established under section 6 of the Lung
Cancer Mortality Reduction Act of 2008, shall implement a comprehensive
program to achieve a 50 percent reduction in the mortality rate of lung
cancer by 2015.
``(b) Requirements.--The program implemented under subsection (a)
shall include at least the following:
``(1) With respect to the National Institutes of Health--
``(A) a strategic review and prioritization by the
National Cancer Institute of research grants to achieve
the goal of the program in reducing lung cancer
mortality;
``(B) the provision of funds to enable the Airway
Biology and Disease Branch of the National Heart, Lung
and Blood Institute to expand its research programs to
include predispositions to lung cancer, the
interrelationship between lung cancer and other
pulmonary and cardiac disease, and the diagnosis and
treatment of these interrelationships;
``(C) the provision of funds to enable the National
Institute of Biomedical Imaging and Bioengineering to
expand its Quantum Grant Program and Image-Guided
Interventions programs to expedite the development of
computer assisted diagnostic, surgical, treatment and
drug testing innovations to reduce lung cancer
mortality; and
``(D) the provision of funds to enable the National
Institute for Environmental Health Sciences to
implement research programs relative to lung cancer
incidence.
``(2) With respect to the Food and Drug Administration--
``(A) the establishment of a lung cancer mortality
reduction drug program under subtitle G of chapter V of
the Federal Food, Drug, and Cosmetic Act; and
``(B) compassionate access activities under section
561 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb).
``(3) With respect to the Centers for Disease Control and
Prevention, the establishment of a lung cancer mortality
reduction program under section 1511.
``(4) With respect to the Agency for Healthcare Research
and Quality, the conduct of a biannual review of lung cancer
screening, diagnostic and treatment protocols, and the issuance
of updated guidelines.
``(5) The cooperation and coordination of all minority and
health disparity programs within the Department of Health and
Human Services to ensure that all aspects of the Lung Cancer
Mortality Reduction Program adequately address the burden of
lung cancer on minority and rural populations.
``(6) The cooperation and coordination of all tobacco
control and cessation programs within agencies of the
Department of Health and Human Services to achieve the goals of
the Lung Cancer Mortality Reduction Program with particular
emphasis on the coordination of drug and other cessation
treatments with early detection protocols.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $25,000,000 for fiscal year 2009 for the activities
described in subsection (b)(1)(B), and such sums as may be
necessary for each of fiscal years 2010 through 2013;
``(2) $25,000,000 for fiscal year 2009 for the activities
described in subsection (b)(1)(C), and such sums as may be
necessary for each of fiscal years 2010 through 2013;
``(3) $10,000,000 for fiscal year 2009 for the activities
described in subsection (b)(1)(D), and such sums as may be
necessary for each of fiscal years 2010 through 2013; and
``(4) $15,000,000 for fiscal year 2009 for the activities
described in subsection (b)(3), and such sums as may be
necessary for each of fiscal years 2010 through 2013.''.
(b) Food, Drug, and Cosmetic Act.--Chapter V of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at
the end the following:
``Subchapter G--Lung Cancer Mortality Reduction Programs
``SEC. 581. LUNG CANCER MORTALITY REDUCTION PROGRAM.
``(a) In General.--The Secretary shall implement a program to
provide incentives of the type provided for in subchapter B of this
chapter for the development of chemoprevention drugs for precancerous
conditions of the lung, drugs for targeted therapeutic treatments and
vaccines for lung cancer, and new agents to curtail or prevent nicotine
addiction. The Secretary shall model the program implemented under this
section on the program provided for under subchapter B of this chapter
with respect certain drugs.
``(b) Application of Provisions.--The Secretary shall apply the
provisions of subchapter B of this chapter to drugs, biological
products, and devices for the prevention or treatment of lung cancer,
including drugs, biological products, and devices for chemoprevention
of precancerous conditions of the lungs, vaccination against the
development of lung cancer and therapeutic treatment for lung cancer.
``(c) Board.--The Board established under section 6 of the Lung
Cancer Mortality Reduction Act of 2008 shall monitor the program
implemented under this section.''.
(c) Access to Unapproved Therapies.--Section 561(e) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb(e)) is amended by
inserting before the period the following: ``and shall include
providing compassionate access to drugs, biological products, and
devices under the program under section 581, with substantial
consideration being given to whether the totality of information
available to the Secretary regarding the safety and effectiveness of an
investigational drug, as compared to the risk of morbidity and death
from the disease, indicates that a patient may obtain more benefit than
risk if treated with the drug, biological product, or device.''.
(d) CDC.--Title XV of the Public Health Service Act (42 U.S.C. 300k
et seq.) is amended by adding at the end the following:
``SEC. 1511. LUNG CANCER MORTALITY REDUCTION PROGRAM.
``(a) In General.--The Secretary shall establish and implement an
early disease research and management program targeted at the high
incidence and mortality rates among minority and low-income
populations.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated, such sums as may be necessary to carry out this
section.''.
SEC. 5. DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Defense and the Secretary of Veterans Affairs
shall coordinate with the Secretary of Health and Human Services--
(1) in the development of the Lung Cancer Mortality
Reduction Program under section 417E;
(2) in the implementation within the Department of Defense
and the Department of Veterans Affairs of an early detection
and disease management research program for military personnel
and veterans whose smoking history and exposure to carcinogens
during active duty service has increased their risk for lung
cancer; and
(3) in the implementation of coordinated care programs for
military personnel and veterans diagnosed with lung cancer.
SEC. 6. LUNG CANCER ADVISORY BOARD.
(a) In General.--The Secretary of Health and Human Services shall
establish a Lung Cancer Advisory Board (referred to in this section as
the ``Board'') to monitor the programs established under this Act (and
the amendments made by this Act), provide annual reports to Congress
concerning benchmarks, expenditures, lung cancer statistics, and the
public health impact of such programs.
(b) Composition.--The Board shall be composed of--
(1) the Secretary of Health and Human Services;
(2) the Secretary of Defense;
(3) the Secretary of Veterans Affairs; and
(4) two representatives each from the fields of clinical
medicine focused on lung cancer, lung cancer research, imaging,
drug development, and lung cancer advocacy, to be appointed by
the Secretary of Health and Human Services.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out the programs under this Act (and
the amendments made by this Act), there is authorized to be
appropriated such sums as may be necessary for each of fiscal years
2009 through 2013. | Lung Cancer Mortality Reduction Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (the Secretary) to implement a comprehensive program to achieve a 50% reduction in the mortality rate of lung cancer by 2015. Includes within such program: (1) a strategic review and prioritization of research grants; (2) an expansion of research programs, such as on predispositions to lung cancer; and (3) the expedited development of computer assisted diagnostic, surgical, treatment, and drug testing innovations.
Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary to provide incentives for the development of chemoprevention drugs for precancerous conditions of the lung, drugs for targeted therapeutic treatments and vaccines for lung cancer, and new agents to curtail or prevent nicotine addiction.
Provides for compassionate access to drugs, biological products, and devices under the lung cancer mortality reduction program. Requires the Secretary to establish an early disease research and management program targeted at the high incidence and mortality rates among minority and low income populations.
Requires the Secretary of Defense and the Secretary of Veterans Affairs to coordinate with the Secretary in: (1) the development of the lung cancer mortality reduction program under this Act; (2) the implementation of an early detection and disease management research program for military personnel and veterans whose smoking history and exposure to carcinogens during active duty service has increased their risk for lung cancer; and (3) the implementation of coordinated care programs for military personnel and veterans diagnosed with lung cancer.
Requires the Secretary to establish a Lung Cancer Advisory Board to monitor the programs established under this Act. | {"src": "billsum_train", "title": "A bill to establish a comprehensive interagency response to reduce lung cancer mortality in a timely manner."} | 2,610 | 343 | 0.524448 | 1.621455 | 0.710016 | 5.936709 | 7.677215 | 0.962025 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Milk Nutrition Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Dietary Guidelines for Americans recommend that
most school-age children and adolescents consume three servings
of milk or other dairy foods daily, with two-and-a-half
servings recommended for students younger than nine years.
(2) Most Americans, including most children and
adolescents, consume on average only about half of the
recommended amounts of dairy foods daily.
(3) Milk is a source of many nutrients essential to health,
and is the leading source of nine essential nutrients in the
diets of children and adolescents, including three nutrients of
public health concern: vitamin D, calcium, and potassium.
(4) Every eight ounces of low-fat and skim milk provides
eight grams of protein.
(5) Dairy foods are associated with improved bone health, a
lower risk of type 2 diabetes, a beneficial or neutral effect
on blood pressure, and may help reduce the risk of
cardiovascular disease, coronary heart disease, and stroke.
(6) Throughout the history of school-based Federal meal
programs, milk has been offered with each meal.
(7) Declines in average daily participation in the National
School Lunch Program may result in fewer students consuming
milk during the school day.
(8) Declines in milk consumption in schools may exceed what
would be expected from declines in average daily participation
in the National School Lunch Program alone.
(9) It is in the public interest to promote the health of
the Nation's school-age population by encouraging and promoting
consumption of milk in schools.
SEC. 3. FLUID MILK.
Section 9(a)(2) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(a)(2)) is amended by striking subparagraphs (A) and (B)
and inserting the following:
``(A) In general.--Lunches served by schools
participating in the school lunch program under this
Act--
``(i) shall offer students a variety of
fluid milk. Such milk shall be consistent with
the most recent Dietary Guidelines for
Americans published under section 301 of the
National Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341);
``(ii) may offer students flavored and
unflavored fluid milk (including low-fat
flavored milk that contains no more than 150
calories per 8-ounce serving) and lactose-free
fluid milk; and
``(iii) shall provide a substitute for
fluid milk for students whose disability
restricts their diet, on receipt of a written
statement from a licensed physician that
identifies the disability that restricts the
student's diet and that specifies the
substitute for fluid milk.
``(B) Substitutes.--
``(i) Standards for substitution.--A school
may substitute for the fluid milk provided
under subparagraph (A) a nondairy beverage that
is nutritionally equivalent to low-fat fluid
milk and meets nutritional standards
established by the Secretary (which shall,
among other requirements to be determined by
the Secretary, include fortification of
calcium, protein, vitamin A, vitamin D,
magnesium, phosphorus, potassium, riboflavin,
and vitamin B-12) for students who cannot
consume fluid milk because of a medical or
other special dietary need other than a
disability described in subparagraph (A)(iii).
``(ii) Notice.--The substitutions may be
made if the school notifies the State agency
that the school is implementing a variation
allowed under this subparagraph, and if the
substitution is requested by written statement
of a medical authority or by a student's parent
or legal guardian that identifies the medical
or other special dietary need that restricts
the student's diet, except that the school
shall not be required to provide beverages
other than beverages the school has identified
as acceptable substitutes.
``(iii) Excess expenses borne by school
food authority.--Expenses incurred in providing
substitutions under this subparagraph that are
in excess of expenses covered by reimbursements
under this Act shall be paid by the school food
authority.''.
SEC. 4. FLUID MILK AND COMPETING BEVERAGES.
Section 10(b)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C.
1779(b)(1)(C)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) provide that containers of all
beverages sold in schools have the same maximum
volume.''.
SEC. 5. EVALUATION OF SCHOOL MILK TRENDS.
(a) Study.--The Secretary of Agriculture (hereafter referred to in
this Act as ``the Secretary'') shall carry out a study of recent trends
in fluid milk consumption in schools, which shall include--
(1) consideration of factors that may adversely affect
consumption, including student preferences for types of milk,
changes in average daily participation in meal programs, the
types of milk offered, conditions within the school affecting
consumption of milk, and other factors determined to be
relevant by the Secretary;
(2) assessment of each Federal program under which milk is
offered in schools;
(3) review of scientific studies pertinent to school milk
consumption; and
(4) consultation with school food service professionals,
nutritionists, and other scientific experts, proprietary and
cooperative fluid milk processors, and national and State
research and promotion programs for fluid milk and dairy
products.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
that shall--
(1) include the results of the study required under
subsection (a);
(2) include recommendations, if any, for actions by the
Department of Agriculture, the States, schools, and the private
and non-profit sectors to increase milk consumption in schools;
and
(3) take into account the work of school-based nutrition
education programs that have been shown to increase average
daily participation in the National School Lunch Program,
including the Fuel Up to Play 60 program sponsored by the
National Dairy Council and the National Football League.
SEC. 6. FLUID MILK PROMOTION.
(a) Pilot Program.--Beginning not later than one year after the
date of the enactment of this Act the Secretary, acting through the
Commodity Credit Corporation, shall carry out a pilot program to test
and demonstrate effective, affordable, and sustainable strategies by
which schools can increase the consumption of fluid milk.
(b) Program Elements.--The pilot program shall--
(1) provide grants, as determined by the Secretary, that
compensate schools participating in the pilot program for any
increased costs resulting from such participation;
(2) assess the effectiveness of offering milk in a variety
of school venues, which may include breakfast in the classroom,
enhanced products for a la carte sales, offering products in
athletic facilities, and other venues as determined by the
Secretary; and
(3) assess the effectiveness of improved refrigeration,
more attractive packaging and merchandising, and additional
flavors.
(c) Termination.--The pilot program shall terminate 4 years after
the date of the enactment of this Act.
(d) Report.--Not later than 5 years after the date of the enactment
of this Act, the Secretary shall submit a written report to Congress
summarizing the findings and results of the pilot program.
SEC. 7. LACTOSE-FREE MILK.
The Secretary shall, to the extent practicable, make available to
schools lactose-free milk with an extended shelf life in 8-ounce
containers under section 14 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1762a).
SEC. 8. MILK CHOICE FOR WOMEN, INFANTS, AND CHILDREN.
Notwithstanding any other provision of law, the Secretary shall
allow women participating in the Special Supplemental Nutrition Program
for Women, Infants, and Children under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786) to receive reduced fat (2
percent) milk for themselves and their children 24-months old and older
in accordance with the amounts prescribed for fluid milk under section
246.10(e)(10) of title 7, Code of Federal Regulations, after
presentation of a written request to the Secretary by such participant. | School Milk Nutrition Act of 2015 This bill revises the requirements for milk provided by the National School Lunch Program (NSLP) and other Department of Agriculture (USDA) programs. The bill amends the Richard B. Russell National School Lunch Act to permit schools participating in the NSLP to offer students low-fat flavored milk containing no more than 150 calories per 8-ounce serving. For students who cannot consume fluid milk because of a medical or other dietary need, schools may offer a nondairy beverage that is nutritionally equivalent to low-fat milk and meets USDA nutritional standards, including fortification of calcium, protein, vitamin A, vitamin D, magnesium, phosphorus, potassium, riboflavin, and vitamin B-12. (Under current law, the substitute is only required to include fortification of calcium, protein, vitamin A, and vitamin D to levels found in cow's milk.) In establishing national school nutritional standards, USDA must provide that containers of all beverages sold in schools have the same maximum volume. USDA must also: (1) study and report to Congress on recent trends in fluid milk consumption in schools; (2) carry out a pilot program to test and demonstrate strategies by which schools can increase the consumption of fluid milk; (3) make lactose-free milk with an extended shelf life available to schools; and (4) allow women participating in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to receive reduced fat milk for themselves and their children upon request. | {"src": "billsum_train", "title": "School Milk Nutrition Act of 2015"} | 1,860 | 321 | 0.646596 | 1.834517 | 0.704661 | 4.413559 | 5.901695 | 0.908475 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Grand Staircase-Escalante National
Monument Minor Boundary Adjustments Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Grand Staircase-Escalante National Monument in the
State of Utah was established by the President on September 18,
1996, in Presidential Proclamation 6920 (61 Fed. Reg. 50223;
September 24, 1996).
(2) The Grand Staircase-Escalante National Monument was
planned and its boundaries were drawn in secret, without the
type of public input that is generally conducive to sound
decision making.
(3) As a result of the lack of public input in the
development of the Grand Staircase-Escalante National Monument,
several parcels of Federal land were included within the
boundaries of the national monument that are not suited for
inclusion or that would better serve the public interest if
managed in another capacity.
(4) Certain parcels of Federal Land within the present
boundaries of the Grand Staircase-Escalante National Monument
would better serve the public interest if ownership of the
parcels were transferred to the State of Utah or a local
government.
SEC. 3. BOUNDARY MODIFICATIONS, GRAND STAIRCASE-ESCALANTE NATIONAL
MONUMENT, UTAH.
(a) Exclusion of Certain Lands.--The boundaries of the Grand
Staircase-Escalante National Monument in the State of Utah are hereby
modified to exclude the following lands:
(1) The parcel known as Upper Valley Oil Field, as
generally depicted on the map entitled ``Upper Valley Oil Field
Exclusion, Garfield County, Utah'', dated March 25, 1998.
(2) The parcel known as Henrieville Town, Utah, as
generally depicted on the map entitled ``Henrieville Town
Exclusion, Garfield County, Utah'', dated March 25, 1998.
(3) The parcel known as Cannonville Town, Utah, as
generally depicted on the map entitled ``Cannonville Town
Exclusion, Garfield County, Utah'', dated March 25, 1998.
(4) The parcel known as Tropic Town, Utah, as generally
depicted on the map entitled ``Tropic Town Exclusion, Garfield
County, Utah'', dated March 25, 1998.
(5) The parcel known as Boulder Town, Utah, as generally
depicted on the map entitled ``Boulder Town Exclusion, Garfield
County, Utah'', dated March 25, 1998.
(6) All lands within 500 feet of the center line of U.S.
Route 89, in Kane County, Utah, and those lands generally
depicted on the map entitled ``U.S. Route 89 Utility Corridor
Exclusion, Kane County, Utah'', dated March 25, 1998.
(b) Inclusion of Certain Additional Lands.--The boundaries of the
Grand Staircase-Escalante National Monument are hereby modified to
include the parcel known as East Clark Bench as generally depicted on
the map entitled ``East Clark Bench Inclusion, Kane County, Utah'',
dated March 25, 1998.
(c) Maps.--The maps referred to in subsections (a) and (b) shall be
on file and available for public inspection in the office of the Grand
Staircase-Escalante National Monument in the State of Utah and in the
office of the Director of the Bureau of Land Management.
SEC. 4. LAND CONVEYANCES, GRAND STAIRCASE-ESCALANTE NATIONAL MONUMENT,
UTAH.
(a) Tropic Town, Utah.--
(1) Conveyance required.--The Secretary of the Interior
shall transfer to Tropic Town, Utah, without consideration but
subject to valid existing non-Federal rights, all right, title,
and interest of the United States in and to the parcels of land
described in paragraph (2).
(2) Land description.--The parcels of land referred to in
paragraph (1) are located in Garfield County, Utah, and consist
of the following:
(A) W\1/2\NE\1/4\, SE\1/4\NE\1/4\, E\1/2\NW\1/4\,
S\1/2\ of section 3, township 37 south, range 3 west,
Salt Lake meridian.
(B) N\1/2\ of section 10, township 37 south, range
3 west, Salt Lake meridian.
(b) Kodachrome Basin State Park, Utah.--
(1) Conveyance required.--The Secretary of the Interior
shall transfer to the State of Utah, without consideration but
subject to valid existing non-Federal rights, all right, title,
and interest of the United States in and to the parcels of land
described in paragraph (2) for inclusion of such lands in
Kodachrome Basin State Park.
(2) Land description.--The parcels of land referred to in
paragraph (1) are located in Garfield County, Utah, and consist
of the following:
(A) W\1/2\W\1/2\ of section 4, township 38 south,
range 2 west, Salt Lake meridian.
(B) E\1/2\E\1/2\ of section 5, township 38 south,
range 2 west, Salt Lake meridian.
(C) E\1/2\NE\1/4\ of section 8, township 38 south,
range 2 west, Salt Lake meridian.
(D) NW\1/4\, W\1/2\NE\1/4\ of section 9, township
38 south, range 2 west, Salt Lake meridian.
(E) SW\1/4\NW\1/4\, W\1/2\SW\1/4\ of section 11,
township 38 south, range 2 west, Salt Lake meridian.
(F) W\1/2\NW\1/4\ of section 14, township 38 south,
range 2 west, Salt Lake meridian.
(G) SE\1/4\NE\1/4\ of section 15, township 38
south, range 2 west, Salt Lake meridian.
SEC. 5. DISCLAIMER.
Nothing in this Act shall be construed as constituting
congressional approval, explicit or implicit, of the establishment of
the Grand Staircase-Escalante National Monument. It is the intent of
Congress that the Grand Staircase-Escalante National Monument be
abolished if any court finds that the President exceeded the authority
of the President under the Act of June 8, 1906 (16 U.S.C. 431 et seq.;
commonly known as the Antiquities Act of 1906), in establishing the
national monument. | Grand Staircase-Escalante National Monument Minor Boundary Adjustments Act - Modifies the boundaries of the Grand Staircase-Escalante National Monument in the State of Utah to exclude specified Federal lands and to include the East Clark Bench.
Requires the Secretary of the Interior to transfer, without consideration but subject to valid existing non-Federal rights, specified Federal lands in Garfield County, Utah, to: (1) Tropic Town, Utah; and (2) the State of Utah for inclusion of such lands in Kodachrome Basin State Park.
Provides that nothing in this Act shall be construed as constituting congressional approval, explicit or implicit, of the establishment of the Grand Staircase-Escalante National Monument. Expresses the intent of the Congress that the Monument be abolished if any court finds that the President exceeded the President's authority under the Antiquities Act of 1906 in establishing the national monument. | {"src": "billsum_train", "title": "Grand Staircase-Escalante National Monument Minor Boundary Adjustments Act"} | 1,476 | 209 | 0.57494 | 1.847577 | 0.760256 | 5.215569 | 7.269461 | 0.952096 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Market Incentives for Biobased
Products Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There is significant potential for replacing petroleum-
based products with products made using farm-grown biomass.
(2) The biobased industry provides value-added
opportunities for farmers and environmentally friendly options
for consumers.
(3) The Federal Government can play an important role in
the promotion of the biobased industry through procurement of
biobased products.
(4) A labeling program for biobased products would provide
consumers with basic, reliable information about these products
and raise awareness of their environmental benefits.
(5) By developing the market for biobased products, the
Federal Government also encourages increased investment and
employment opportunities in rural America.
(6) By reducing the use of petroleum and increasing
reliance on farm-grown raw materials, the Nation will decrease
its needs for imported petroleum.
SEC. 3. AMENDMENTS RELATING TO FEDERAL PROCUREMENT AND LABELING OF
BIOBASED PRODUCTS.
(a) Procurement Guideline Considerations.--Section 9002(e)(2)(B) of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8102(e)(2)(B)) is amended by striking ``life cycle costs'' and
inserting ``information on life cycle costs if such information is
appropriate and available''.
(b) Labeling Requirements and Revised Deadline.--Section 9002(h) of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102(h))
is amended--
(1) in paragraph (2)--
(A) by striking ``Within one year after the date of
enactment of this Act'' and inserting ``Not later than
90 days after the date of enactment of the Market
Incentives for Biobased Products Act of 2007,''; and
(B) by adding at the end the following: ``Criteria
shall be issued for finished products and intermediate
ingredients and feedstocks.'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively, and inserting after paragraph (2)
the following:
``(3) Consultation.--In developing the eligibility criteria
for the labeling program under this section, the Secretary
shall consult with other Federal agencies and with non-
governmental groups with an interest in biobased products
including small and large producers of biobased materials and
products, industry, trade organizations, academia, consumer
organizations, and environmental organizations.''.
(c) Authorization of Appropriations.--
(1) In general.--Paragraph (1) of section 9002(k) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8102(k)) is amended to read as follows:
``(1) Authorization of appropriations.--
``(A) Federal procurement.--There are authorized to
be appropriated $1,000,000 for each of fiscal years
2008 through 2013 to implement the provisions of this
section other than subsection (h).
``(B) Labeling.--There are authorized to be
appropriated $1,000,000 for each of fiscal years 2008
through 2013 to implement subsection (h) of this
section.''.
(2) Funding for testing of biobased products.--Paragraph
(2)(A) of such section is amended by striking ``$1,000,000 for
each of fiscal years 2002 through 2007'' and inserting
``$2,000,000 for each of fiscal years 2008 through 2013''.
(d) Report Requirements.--
(1) Report by agencies to administrator for federal
procurement policy.--Subsection (f) of section 9002 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is
amended--
(A) by striking ``The Office of'' and inserting
``(1) The Administrator for''; and
(B) by adding at the end the following new
paragraph:
``(2) To assist the Administrator for Federal Procurement Policy in
preparing the report to Congress required under paragraph (1), each
procuring agency each year shall submit to the Administrator a report
covering the following:
``(A) Actions taken to implement subsections (c), (d), and
(g) of this section.
``(B) The results of the annual review and monitoring
program established under subsection (g)(2)(C).
``(C) The number of contracts entered into by the agency
during the year covered by the report that include the
procurement of biobased products.
``(D) A list of the biobased products procured by the
agency during the year covered by the report.''.
(2) Report by secretary to congress on implementation of
section.--Section 9002 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8102) is amended by adding at
the end the following new subsection:
``(l) Report by Secretary to Congress on Implementation of
Section.--Not later than six months after the date of the enactment of
the Market Incentives for Biobased Products Act of 2007, and each year
thereafter, the Secretary shall submit to Congress a report on the
implementation of this section. The report shall include the following:
``(1) A comprehensive management plan defining tasks,
milestones, and funding allocations for fully implementing this
section.
``(2) A list of items designated under subsection (e)(1)(A)
whose procurement will carry out the objectives of this
section, with associated cost and performance data.
``(3) Information on the current status of implementation
of the procurement preference under this section, including the
procurement program of each Federal agency under subsection
(g), and the voluntary labeling program under subsection
(h).''. | Market Incentives for Biobased Products Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to revise labeling requirements for federal procurement of biobased products, including providing for consultation with other federal agencies and interested nongovernmental groups.
Extends and revises funding provisions to provide for separate authorization of appropriations for: (1) federal procurement; (2) testing; and (3) labeling.
Revises reporting provisions. | {"src": "billsum_train", "title": "To amend provisions of title IX of the Farm Security and Rural Investment Act of 2002 relating to Federal procurement of biobased products and labeling of such products."} | 1,261 | 94 | 0.639036 | 1.55843 | 0.756272 | 3.25 | 14.475 | 0.85 |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Benefits and Services
Amendments of 1994''.
SEC. 2. REVISION IN COMPUTATION OF AGGREGATE GUARANTY FOR HOME LOANS.
Section 3702(b) of title 38, United States Code, is amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following new paragraph (1):
``(1) the loan has been repaid in full, or the Secretary
has been released from liability as to the loan, or if the
Secretary has suffered a loss on the loan, the loss has been
paid in full; or'';
(2) in paragraph (2), by striking out ``; or'' and
inserting in lieu thereof a period; and
(3) by striking out paragraph (3).
SEC. 3. AUTHORITY TO GUARANTEE HOME REFINANCE LOANS FOR ENERGY
EFFICIENCY IMPROVEMENTS.
(a) Loans.--Section 3710(a) of title 38, United States Code, is
amended by adding after paragraph (10) the following:
``(11) To refinance in accordance with subsection (e) of
this section an existing loan guaranteed, insured, or made
under this chapter, and to improve the dwelling securing such
loan through energy efficiency improvements, as provided in
subsection (d) of this section.''.
(b) Amount of Guaranty.--Section 3710(e)(1) of such title is
amended--
(1) in the matter above subparagraph (A), by inserting ``or
subsection (a)(11)'' after ``subsection (a)(8)''; and
(2) by amending subparagraph (C) to read as follows:
``(C) the amount of the loan may not exceed--
``(i) an amount equal to the sum of the balance of
the loan being refinanced and such closing costs
(including any discount permitted pursuant to section
3703(c)(3)(A) of this title) as may be authorized by
the Secretary, under regulations which the Secretary
shall prescribe, to be included in such loan; or
``(ii) in the case of a loan for a purpose
specified in such subsection (a)(11), an amount equal
to the sum of the amount referred to with respect to
the loan under clause (i) of this subparagraph and the
amount specified under subsection (d)(2) of this
section;''.
(c) Fee.--Section 3729(a)(2)(E) of such title is amended by
inserting ``3710(a)(11),'' after ``3710(a)(9)(B)(i),''.
SEC. 4. EXPANSION OF PERIOD OF VIETNAM ERA FOR CERTAIN VETERANS.
(a) Expansion of Era.--Section 101(29) of title 38, United States
Code, is amended to read as follows:
``(29) The term `Vietnam era' means--
``(A) the period beginning February 28, 1961, and ending on
May 7, 1975, in the case of a veteran who served in the
Republic of Vietnam during such period; and
``(B) the period beginning August 5, 1964, and ending on
May 7, 1975, in all other cases.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1994. No person shall be entitled to receive
by reason of the amendment made by subsection (a) any benefits for any
period before such date.
SEC. 5. EXCLUSION OF CERTAIN PAYMENTS TO ALASKA NATIVES FROM
DETERMINATION OF ANNUAL INCOME FOR PURPOSES OF
ELIGIBILITY FOR PENSION.
Section 1503(a) of title 38, United States Code, is amended--
(1) by striking out ``and'' at the end of paragraph (9);
(2) by striking out the period at the end of paragraph
(10)(B) and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) cash, stock, land, or other interest referred to in
subparagraphs (A) through (E) below paragraph (3) of section
29(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1626(c)), whether attributable to the disposition of real
property, profits from the operation of real property, or
otherwise, that is received from a Native Corporation under
such Act (43 U.S.C. 1601 et seq.).''.
SEC. 6. AUTHORITY TO ENTER INTO AGREEMENT FOR USE OF PROPERTY AT EDWARD
HINES, JR., DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTER.
(a) In General.--The Secretary of Veterans Affairs may enter into a
long-term lease or similar agreement with the organization known as the
The Caring Place at Loyola, Inc., a not-for-profit organization
operating under the laws of the State of Illinois, to permit that
organization to establish on the grounds of the Edward Hines, Jr.,
Department of Veterans Affairs Medical Center, Hines, Illinois, a
facility to provide temporary accommodations for family members of
severely ill children who are being treated at the Loyola University of
Chicago Medical Center.
(b) Terms of Agreement.--An agreement under subsection (a)--
(1) shall ensure that there shall be no cost to the Federal
Government as a result of the property use authorized under
that subsection;
(2) may permit the use of the property without rent; and
(3) shall, to the extent practicable, ensure that one room
of the facility is available for the use of a veteran (at no
cost to the veteran) as temporary accommodations for the
veteran while the veteran's severely ill child is treated at
the Loyola University of Chicago Medical Center.
Amend the title so as to read: ``To amend title 38, United States
Code, to permit home loan guaranties for energy efficiency
improvements, to extend the period of the Vietnam era, to exclude
certain payments to Alaska natives from annual income determinations
for pension purposes, and for other purposes.''. | Veterans Benefits and Services Amendments of 1994 - Entitles veterans who have repaid in full a previous home loan guaranteed by the Department of Veterans Affairs to another home loan, whether or not the property securing the first loan has been sold or otherwise disposed of. (Current law requires such sale, even if the loan has been repaid in full.)
Allows veterans to refinance an existing guaranteed loan in order to make energy efficiency improvements.
Changes from August 5, 1964, to February 28, 1961, the date for the beginning of the Vietnam era for purposes of Federal veterans' benefits provisions for veterans who served in the Republic of Vietnam.
Excludes the payment to Alaska Natives of cash, stock, land, or other interests representing dividends paid under the Alaska Native Claims Settlement Act from the calculation of annual income in the determination of eligibility for veterans' pensions.
Authorizes the Secretary of Veterans Affairs to enter into an agreement with the Caring Place at Loyola, Inc., an Illinois nonprofit organization, for establishing on the grounds of the Edward Hines, Jr., Department of Veterans Affairs Medical Center in Hines, Illinois, a facility for the provision of temporary accommodations for family members of severely ill children being treated at the Loyola of Chicago Medical Center. | {"src": "billsum_train", "title": "Veterans Benefits and Services Amendments of 1994"} | 3,952 | 279 | 0.158569 | 0.382211 | 0.540038 | 3.165975 | 13.087137 | 0.883817 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Detaining Terrorists to Secure
America Act of 2011''
SEC. 2. FINDINGS.
Congress makes the following finding:
(1) The United States and its international partners are in
an armed conflict with violent Islamist extremist groups,
including al Qaeda and associated terrorist organizations, that
are committed to killing Americans and our allies.
(2) In the last 2 years, terrorists have repeatedly
attempted to kill Americans both here at home and abroad,
including the following attacks, plots, or alleged plots and
attacks:
(A) A September 2009 plot by Najibullah Zazi--who
received training from al Qaeda in Pakistan--to conduct
a suicide bomb attack on the New York, New York, subway
system.
(B) A November 2009 attack by Nidal Malik Hasan at
Fort Hood, Texas, that killed 13 people and wounded 32.
(C) A Christmas Day 2009 attempt by Umar Farouk
Abdulmutallab to detonate a bomb sewn into his
underwear on an international flight to Detroit,
Michigan.
(D) A May 2010 attempt by Faisal Shahzad to bomb
Times Square in New York, New York, on a crowded
Saturday evening, an attack that was unsuccessful only
because the car bomb failed to detonate.
(E) An October 2010 attempt by terrorists in Yemen
to send, via commercial cargo flights, 2 packages of
explosives to Jewish centers in Chicago, Illinois.
(F) A February 2011 plot by Khaled Aldawsari, a
Saudi-born student, to manufacture explosives and
potentially attack New York, New York, the Dallas,
Texas, home of former President George W. Bush, as well
as hydroelectric dams, nuclear power plants, and a
nightclub.
(3) Since the September 11, 2001, attacks on our Nation,
the United States and allied forces have captured thousands of
individuals fighting for or supporting al Qaeda and associated
terrorist organizations that do not abide by the law of war,
including detainees at United States Naval Station, Guantanamo
Bay, Cuba, who served as planners of those attacks, trainers of
terrorists, financiers of terrorists, bomb makers, bodyguards
for Osama bin Laden, recruiters of terrorists, and facilitators
of terrorism.
(4) Many of the detainees at United States Naval Station,
Guantanamo Bay provided valuable intelligence that gave the
United States insight into al Qaeda and its methods, prevented
terrorist attacks, and saved lives.
(5) Intelligence obtained from detainees at United States
Naval Station, Guantanamo Bay was critical to eventually
identifying the location of Osama bin Laden.
(6) In a February 17, 2011, hearing of the Committee on
Armed Services of the Senate, the Secretary of Defense
confirmed that approximately 25 percent of detainees released
from the detention facility at United States Naval Station,
Guantanamo Bay are confirmed to have reengaged in hostilities
or are suspected of having reengaged in hostilities against the
United States or our allies.
(7) Al Qaeda in the Arabian Peninsula, an organization that
includes former detainees at United States Naval Station,
Guantanamo Bay among its leadership and ranks, has claimed
responsibility for several of the recent plots and attacks
against the United States.
(8) Detention according to the law of war is a matter of
national security and military necessity and has long been
recognized as legitimate under international law.
(9) Detaining unprivileged enemy belligerents prevents them
from returning to the battlefield to attack United States and
allied military personnel and engaging in future terrorist
attacks against innocent civilians.
(10) The Joint Task Force-Guantanamo provides for the
humane, legal, and transparent care and custody of detainees at
United States Naval Station, Guantanamo Bay, notwithstanding
regular assaults on the guard force by some detainees.
(11) The International Committee of the Red Cross visits
detainees at United States Naval Station, Guantanamo Bay on a
quarterly basis.
(12) The detention facility at United States Naval Station,
Guantanamo Bay benefits from robust oversight by Congress.
SEC. 3. REAFFIRMATION OF AUTHORITY TO MAINTAIN UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, AS A LOCATION FOR THE
DETENTION OF UNPRIVILEGED ENEMY BELLIGERENTS HELD BY THE
DEPARTMENT OF DEFENSE.
(a) Reaffirmation of Authority as Location for Detention of
Unprivileged Enemy Belligerents.--United States Naval Station,
Guantanamo Bay, Cuba, is and shall be a location for the detention of
individuals in the custody or under the control of the Department of
Defense who have engaged in, or supported, hostilities against the
United States or its coalition partners on behalf of al Qaeda, the
Taliban, or an affiliated group to which the Authorization for Use of
Military Force (Public Law 107-40) applies.
(b) Maintenance as an Operational Facility for Detention.--The
Secretary of Defense shall take appropriate actions to maintain United
States Naval Station, Guantanamo Bay, Cuba, as an open and operating
facility for the detention of current and future individuals as
described in subsection (a).
(c) Permanent Extension of Certain Limitations Relating to
Detainees and Detention Facilities.--
(1) Limitation on transfer of detainees to foreign
entities.--Section 1033(a)(1) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4351) is amended by striking ``during the one-
year period'' and all that follows through ``by this Act'' and
inserting ``the Secretary of Defense may not use any amounts
authorized to be appropriated''.
(2) Prohibition on construction of detention facilities in
united states.--Section 1034(a) of such Act (124 Stat. 4353) is
amended by striking ``None of the funds authorized to be
appropriated by this Act'' and inserting ``No funds authorized
to be appropriated or otherwise made available to the
Department of Defense, or to or for any other department or
agency of the United States Government,''.
(d) Supersedure of Executive Order.--Sections 3, 4(c)(2), 4(c)(3),
4(c)(5), and 7 of Executive Order No. 13492, dated January 22, 2009,
shall have no further force or effect. | Detaining Terrorists to Secure America Act of 2011 - Reaffirms that the U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo), is and shall be a location for the detention of individuals in the custody or control of the Department of Defense (DOD) who have engaged in or supported hostilities against the United States or its coalition partners on behalf of al Qaeda, the Taliban, or an affiliated group to which the Authorization for Use of Military Force (P.L. 107-40) applies. Directs the Secretary of Defense to maintain Guantanamo as an open and operating facility for the current and future detention of such individuals.
Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to make permanent (under current law, terminates on January 7, 2012) a prohibition on the use of any federal funds (under current law, only DOD funds) to transfer any individual detained at Guantanamo to the individual's country of origin or any other foreign country or entity unless the Secretary makes a specified certification to Congress relating to such transfer.
Prohibits any federal funds (under current law, only DOD funds) from being used to construct or modify any facility in the United States or its territories or possessions to house any individual in the custody or control of DOD or under detention at Guantanamo for the purpose of detention or imprisonment. | {"src": "billsum_train", "title": "A bill to reaffirm the authority of the Department of Defense to maintain United States Naval Station, Guantanamo Bay, Cuba, as a location for the detention of unprivileged enemy belligerents held by the Department of Defense, and for other purposes."} | 1,483 | 319 | 0.369033 | 1.151772 | 0.663365 | 3.692913 | 4.96063 | 0.858268 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Accountability Office
Improvement Act of 2008''.
SEC. 2. AUTHORITY TO OBTAIN RECORDS.
(a) Authority To Obtain Records.--Section 716 of title 31, United
States Code, is amended in subsection (a)--
(1) by striking ``(a)'' and inserting ``(2)''; and
(2) by inserting after the section heading the following:
``(a)(1) The Comptroller General is authorized to obtain such
agency records as the Comptroller General requires to discharge his
duties (including audit, evaluation, and investigative duties),
including through the bringing of civil actions under this section. In
reviewing a civil action under this section, the court shall recognize
the continuing force and effect of the authorization in the preceding
sentence until such time as the authorization is repealed pursuant to
law.''.
(b) Interviews.--Section 716(a) of title 31, United States Code, as
amended by subsection (a), is further amended in the second sentence of
paragraph (2) by inserting ``and interview agency officers and
employees'' after ``agency record''.
SEC. 3. ADMINISTERING OATHS.
Section 711 of title 31, United States Code, is amended by striking
paragraph (4) and inserting the following:
``(4) administer oaths to witnesses, except that, in
matters other than auditing and settling accounts, the
authority of an officer or employee to administer oaths to
witnesses pursuant to a delegation under paragraph (2) shall
not be available without the prior express approval of the
Comptroller General (or a designee).''.
SEC. 4. ACCESS TO CERTAIN INFORMATION.
(a) Access to Certain Information.--Subchapter II of chapter 7 of
title 31, United States Code, is amended by adding at the end the
following:
``Sec. 721. Access to certain information
``(a) No provision of the Social Security Act shall be construed to
limit, amend, or supersede the authority of the Comptroller General to
obtain any information, to inspect any record, or to interview any
officer or employee under section 716 of this title, including with
respect to any information disclosed to or obtained by the Secretary of
Health and Human Services under part C or D of title XVIII of the
Social Security Act.
``(b) No provision of the Federal Food, Drug, and Cosmetic Act
shall be construed to limit, amend, or supersede the authority of the
Comptroller General to obtain any information, to inspect any record,
or to interview any officer or employee under section 716 of this
title, including with respect to any information concerning any method
or process which as a trade secret is entitled to protection.
``(c) No provision of the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 and the amendments made by that Act shall be construed to
limit, amend, or supersede the authority of the Comptroller General to
obtain any information, to inspect any record, or to interview any
officer or employee under section 716 of this title, including with
respect to any information disclosed to the Assistant Attorney General
of the Antitrust Division of the Department of Justice or the Federal
Trade Commission for purposes of pre-merger review under section 7A of
the Clayton Act (15 U.S.C. 18a).
``(d)(1) The Comptroller General shall prescribe such policies and
procedures as are necessary to protect from public disclosure
proprietary or trade secret information obtained consistent with this
section.
``(2) Nothing in this section shall be construed--
``(A) to alter or amend the prohibitions against the
disclosure of trade secret or other sensitive information
prohibited by section 1905 of title 18 and other applicable
laws; or
``(B) to affect the applicability of section 716(e) of this
title, including the protections against unauthorized
disclosure contained in that section, to information obtained
consistent with this section.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 31,
United States Code, is amended by inserting after the item relating to
section 720 the following:
``721. Access to certain information.''.
SEC. 5. COMPTROLLER GENERAL REPORTS.
Section 719 of title 31, United States Code, is amended--
(1) in subsection (b)(1)(B), by striking ``and'' at the
end;
(2) in subsection (b)(1)(C), by striking the period at the
end and inserting ``; and'';
(3) by adding at the end of subsection (b)(1) the
following:
``(D) for agencies subject to sections 901 to 903 and other
agencies designated by the Comptroller General, an assessment
of their overall degree of cooperation in making personnel
available for interview, providing written answers to
questions, submitting to an oath authorized by the Comptroller
General under section 711, granting access to records,
providing timely comments to draft reports, adopting
recommendations in reports and responding to such other matters
as the Comptroller General deems appropriate.'';
(4) in subsection (c)(2)(B), by striking ``and'' at the
end;
(5) in subsection (c)(3), by striking the period at the end
and inserting ``; and'', and
(6) by adding at the end of subsection (c) the following:
``(4) as soon as practicable when an agency does not,
within a reasonable time, respond to a request by the
Comptroller General regarding any matter described in
subsection (b)(1)(D).''.
Passed the House of Representatives July 29, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Government Accountability Office Improvement Act of 2008 - Authorizes the Comptroller General to: (1) obtain federal agency records required to discharge his or her duties, including through bringing civil actions under this Act; (2) interview agency officers and employees to get information about agency duties, powers, activities, organization, and financial transactions; and (3) administer oaths to witnesses (currently, the Comptroller General may administer oaths to witnesses when auditing and settling accounts).
Requires the Comptroller General to prescribe such policies and procedures as are necessary to protect from public disclosure proprietary or trade secret information obtained under this Act.
Declares that no provision of the Social Security Act, the Federal Food, Drug, and Cosmetic Act, or the Hart-Scott-Rodino Antitrust Improvements Act of 1976 shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain information, inspect records, or interview specified agency officers or employees, including with respect to: (1) information disclosed to or obtained by the Secretary of Health and Human Services under the Social Security Act; (2) information concerning any method or process protected as a trade secret; and (3) information disclosed to the Assistant Attorney General of the Antitrust Division of the Department of Justice (DOJ) or the Federal Trade Commission (FTC) for purposes of pre-merger review under the Clayton Act. Declares that this Act shall not be construed to: (1) alter or amend the prohibitions against the disclosure of trade secret or other sensitive information; and (2) affect the applicability of requirements governing the availability of agency information to information obtained.
Requires the Comptroller General to: (1) report annually on the cooperation of agencies subject to the Chief Financial Officers Act of 1990 and other agencies designated by the Comptroller General in making personnel available for interviews, providing written answers to questions, submitting to an oath authorized by the Comptroller General, granting access to records, providing timely comments to draft reports, adopting report recommendations, and responding to such matters as the Comptroller General deems appropriate; and (2) report to Congress when agencies do not respond to requests regarding such matters. | {"src": "billsum_train", "title": "To provide additional authorities to the Comptroller General of the United States, and for other purposes."} | 1,292 | 477 | 0.61854 | 2.091272 | 0.786149 | 4.282297 | 2.837321 | 0.923445 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Guelff Body Armor Act of
1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) nationally, police officers and ordinary citizens are
facing increased danger as criminals use more deadly weaponry,
body armor, and other sophisticated assault gear;
(2) crime at the local level is exacerbated by the
interstate movement of body armor and other assault gear;
(3) there is a traffic in body armor moving in or otherwise
affecting interstate commerce, and existing Federal controls
over such traffic do not adequately enable the States to
control this traffic within their own borders through the
exercise of their police power;
(4) recent incidents, such as the murder of San Francisco
Police Officer James Guelff by an assailant wearing 2 layers of
body armor and a 1997 bank shoot out in north Hollywood,
California, between police and 2 heavily armed suspects
outfitted in body armor, demonstrate the serious threat to
community safety posed by criminals who wear body armor during
the commission of a violent crime;
(5) of the approximately 1,200 officers killed in the line
of duty since 1980, more than 30 percent could have been saved
by body armor, and the risk of dying from gunfire is 14 times
higher for an officer without a bulletproof vest;
(6) the Department of Justice has estimated that 25 percent
of State and local police are not issued body armor;
(7) the Federal Government is well-equipped to grant local
police departments access to body armor that is no longer
needed by Federal agencies; and
(8) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to enact legislation to regulate interstate commerce
that affects the integrity and safety of our communities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Body armor.--The term ``body armor'' means any product
sold or offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.
(2) Law enforcement agency.--The term ``law enforcement
agency'' means an agency of the United States, a State, or a
political subdivision of a State, authorized by law or by a
Government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(3) Law enforcement officer.--The term ``law enforcement
officer'' means any officer, agent, or employee of the United
States, a State, or a political subdivision of a State,
authorized by law or by a Government agency to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR.
(a) Sentencing Enhancement.--The United States Sentencing
Commission shall amend the Federal sentencing guidelines to provide an
appropriate sentencing enhancement, increasing the offense level not
less than 2 levels, for any offense in which the defendant used body
armor.
(b) Applicability.--No amendment made to the Federal Sentencing
Guidelines pursuant to this section shall apply if the Federal offense
in which the body armor is used constitutes a violation of, attempted
violation of, or conspiracy to violate the civil rights of any person
by a law enforcement officer acting under color of the authority of
such law enforcement officer.
SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY
VIOLENT FELONS.
(a) Definition of Body Armor.--Section 921 of title 18, United
States Code, is amended by adding at the end the following:
``(35) The term `body armor' means any product sold or
offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.''.
(b) Prohibition.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Prohibition on purchase, ownership, or possession of body
armor by violent felons
``(a) In General.--Except as provided in subsection (b), it shall
be unlawful for a person to purchase, own, or possess body armor, if
that person has been convicted of a felony that is--
``(1) a crime of violence (as defined in section 16); or
``(2) an offense under State law that would constitute a
crime of violence if it occurred within the special maritime
and territorial jurisdiction of the United States.
``(b) Exception.--
``(1) Application.--A person who is subject to the
prohibition of subsection (a) whose employment, livelihood, or
safety is dependent on the ability to possess and use body
armor, may file a petition with the Secretary for an exception
to the prohibition of subsection (a).
``(2) Action by secretary.--Upon receipt of a petition
under paragraph (1), the Secretary may reduce or eliminate the
prohibition of subsection (a), impose conditions on reduction
or elimination of the prohibition, or otherwise grant relief
from the prohibition, as the Secretary determines to be
appropriate, based on a determination that the petitioner--
``(A) is likely to use body armor in a safe and
lawful manner; and
``(B) has a reasonable need for such protection
under the circumstances.
``(3) Factors for consideration.--In making a determination
under paragraph (2) with respect to a petitioner, the Secretary
shall consider--
``(A) any continued employment of the petitioner;
``(B) the interests of justice;
``(C) any relevant evidence; and
``(D) the totality of the circumstances.
``(4) Certified copy of permission.--The Secretary shall
require, as a condition of granting any exception to a
petitioner under this subsection, that the petitioner agree to
maintain on his or her person a certified copy of the
Secretary's permission to possess and use body armor, including
any conditions or limitations.
``(5) Rule of construction.--Nothing in this subsection may
be construed to--
``(A) require the Secretary to grant relief to any
particular petitioner; or
``(B) imply that any relief granted by the
Secretary under this subsection relieves any other
person from any liability that may otherwise be
imposed.
``(c) Immunity From Liability.--
``(1) In general.--An officer or employee of a law
enforcement agency who enforces the prohibition specified in
subsection (a) against a person who has been granted relief
pursuant to subsection (b), shall be immune from any liability
for false arrest arising from the enforcement of this section
unless the person has in his or her possession a certified copy
of the permission granting the person relief from the
prohibition, as required by subsection (b)(4).
``(2) Rule of construction.--The immunity from liability
described in paragraph (1) shall not relieve any person or
entity from any other liability that may otherwise be
imposed.''.
(2) Clerical amendment.--The analysis for chapter 44 of
title 18, United States Code, is amended by adding at the end
the following:
``931. Prohibition on purchase, ownership, or possession of body armor
by violent felons.''.
(c) Penalties.--Section 924(a) of title 18, United States Code, is
amended by adding at the end the following:
``(7) Whoever knowingly violates section 931 shall be fined under
this title, imprisoned not more than 3 years, or both.''.
SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL LAW
ENFORCEMENT AGENCIES.
(a) Definitions.--In this section, the terms ``Federal agency'' and
``surplus property'' have the meanings given such terms under section 3
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 472).
(b) Donation of Body Armor.--Notwithstanding section 203 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484), the head of a Federal agency may donate body armor directly to
any State or local law enforcement agency, if such body armor is--
(1) in serviceable condition; and
(2) surplus property.
(c) Notice to Administrator.--The head of a Federal agency who
donates body armor under this section shall submit to the Administrator
of General Services a written notice identifying the amount of body
armor donated and each State or local law enforcement agency that
received the body armor.
(d) Donation by Certain Officers.--
(1) Department of justice.--In the administration of this
section with respect to the Department of Justice, in addition
to any other officer of the Department of Justice designated by
the Attorney General, the following officers may act as the
head of a Federal agency:
(A) The Administrator of the Drug Enforcement
Administration.
(B) The Director of the Federal Bureau of
Investigation.
(C) The Commissioner of the Immigration and
Naturalization Service.
(D) The Director of the United States Marshals
Service.
(2) Department of the treasury.--In the administration of
this section with respect to the Department of the Treasury, in
addition to any other officer of the Department of the Treasury
designated by the Secretary of the Treasury, the following
officers may act as the head of a Federal agency:
(A) The Director of the Bureau of Alcohol, Tobacco,
and Firearms.
(B) The Commissioner of Customs.
(C) The Director of the United States Secret
Service. | James Guelff Body Armor Act of 1999 - Directs the U.S. Sentencing Commission to amend the Federal sentencing guidelines to provide an appropriate enhancement, increasing the level not less than two levels, for any offense in which the defendant used body armor, with an exception involving a civil rights violation by a law enforcement officer acting under color of authority.
(Sec. 5) Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons, with a procedure for the Secretary of the Treasury to grant an exception where a person's employment, livelihood, or safety is dependent on the ability to possess and use body armor. Grants a law enforcement officer immunity from liability for false arrest arising from the enforcement of this section unless the person has in his or her possession a certified copy of the permission granting the person relief from the prohibition. Sets penalties for violations of this prohibition.
(Sec. 6) Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency. | {"src": "billsum_train", "title": "James Guelff Body Armor Act of 1999"} | 2,189 | 271 | 0.566971 | 1.675719 | 0.615062 | 5.188034 | 8.747863 | 0.91453 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Republic of Korea Free
Trade Agreement Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Economic growth in the United States has been
considerably enhanced by bilateral agreements to lower barriers
for United States exports.
(2) Increased trade and economic growth are not ends in
themselves. Trade and economic growth should encourage
sustainable development, raise living standards, promote higher
labor standards, and enhance the welfare and quality of life of
all citizens of the United States and the Republic of Korea.
(3) It is inappropriate to encourage trade by relaxing
domestic environmental laws or domestic labor laws.
(4) Countries that open their domestic markets, remove
barriers to foreign direct investment, and promote free
enterprise, empower their citizens to alleviate poverty and
maintain social and environmental values.
(5) The Republic of Korea has participated fully in World
Trade Organization programs and policies that promote open
trade.
(6) At the 1996 World Trade Organization Ministerial in
Singapore, the Republic of Korea reaffirmed its commitment to
internationally recognized core labor standards.
SEC. 3. UNITED STATES POLICY WITH RESPECT TO TRADE.
It is the policy of the United States to seek the elimination of
tariff and nontariff barriers in order to achieve more open market
access, on a reciprocal basis, to internationally traded goods and
service, through bilateral free trade agreements with like-minded
countries. Such agreements should address the following:
(1) National treatment and market access for agricultural
and industrial products.
(2) Rules for determining which goods originate in the
territory of the United States and the Republic of Korea.
(3) Customs procedures that facilitate trade and collection
of trade statistics, while ensuring the validity of claims for
preferential treatment.
(4) Science-based, nondiscriminatory sanitary,
phytosanitary, and technical standards, including voluntary
standards.
(5) Safeguard provisions for industries that have
sustained, or are threatened with, serious economic injury from
import surges.
(6) Government procurement procedures.
(7) National treatment and rights of establishment for
foreign direct investors.
(8) National treatment and market access for traded
services, including consumption of services abroad, cross-
border provision of services, rights of establishment of
commercial presence, and the movement of natural persons.
(9) Protection of intellectual property.
(10) Transparency of legal and regulatory regimes.
(11) Measures to promote electronic commerce.
(12) Trade-related environmental measures, and the
potential for both favorable and adverse environmental impacts.
(13) Adherence to internationally recognized core labor
standards.
SEC. 4. NEGOTIATION OF A FREE TRADE AGREEMENT WITH THE REPUBLIC OF
KOREA.
Subject to section 5, the President is authorized to enter into an
agreement with the Republic of Korea consistent with the policy
described in section 3, and the provisions of section 151(c) of the
Trade Act of 1974 (19 U.S.C. 2191(c)) shall apply with respect to a
bill to implement such agreement.
SEC. 5. INTRODUCTION AND FAST TRACK CONSIDERATION OF IMPLEMENTING BILL.
(a) Introduction in House of Representatives and Senate.--Whenever
the President submits to Congress a bill to implement a trade agreement
described in section 4, the bill shall be introduced (by request) in
the House of Representatives and in the Senate as described in section
151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)).
(b) Permissible Content in Implementing Legislation.--A bill to
implement a trade agreement described in section 4 shall contain
provisions that are necessary to implement the trade agreement, and
shall include trade-related labor and environmental protection
standards, but may not include amendments to title VII of the Tariff
Act of 1930, title II of the Trade Act of 1974, or any antitrust law of
the United States.
(c) Applicability of Fast Track Procedures.--Section 151 of the
Trade Act of 1974 (19 U.S.C. 2191) is amended--
(1) in subsection (b)(1), by inserting ``section 5 of the
United States-Republic of Korea Free Trade Agreement Act of
2001,'' after ``the Omnibus Trade and Competitiveness Act of
1988,''; and
(2) in subsection (c)(1), by inserting ``or under section 5
of the United States-Republic of Korea Free Trade Agreement Act
of 2001,'' after ``the Uruguay Round Agreements Act,''. | United States-Republic of Korea Free Trade Agreement Act of 2001 - Declares it to be U.S. policy to seek the elimination of tariff and nontariff barriers in order to achieve more open market access, on a reciprocal basis, to internationally-traded goods and services, through bilateral free trade agreements with like-minded countries.Authorizes the President to enter into a free trade agreement with the Republic of Korea. Requires the inclusion of trade-related labor and environmental protection standards (but prohibits amendments to title VII of the Tariff Act of 1930, title II of the Trade Act of 1974, or any U.S. antitrust laws) in any bill submitted to Congress implementing such agreement.Amends the Trade Act of 1974 to apply fast-track procedures or "trade promotion authority" (no amendments) to any implementing bill for an agreement entered under this Act. | {"src": "billsum_train", "title": "A bill to authorize the negotiation of a Free Trade Agreement with the Republic of Korea, and to provide for expedited congressional consideration of such an agreement."} | 968 | 195 | 0.51174 | 1.611839 | 0.923874 | 5.709877 | 5.759259 | 0.907407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dietary Supplement Regulatory
Implementation Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Over 158,000,000 Americans regularly consume dietary
supplements to maintain and improve their health.
(2) Consumer expenditures on dietary supplements reached a
reported $20,500,000,000 in 2004, more than double the amount
spent in 1994.
(3) According to a recent report issued by the Food and
Drug Administration (``FDA'') the use of dietary supplements is
likely to grow due to factors such as the aging of the baby
boom generation, increased interest in self-sufficiency, and
advances in science that are uncovering new relationships
between diet and disease.
(4) In 1994, the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417) (``DSHEA'') was enacted. That
Act balanced continued consumer access to vitamins, minerals,
and other dietary supplements, increased scientific research on
the benefits and risks of dietary supplements, public education
on dietary supplements, and needed consumer protections.
(5) DSHEA requires that claims made on dietary supplement
labels, packaging, and accompanying material be truthful, non-
misleading, and substantiated. Manufacturers are prohibited
from making claims that products are intended to diagnose,
treat, mitigate, cure, or prevent a disease.
(6) DSHEA provides for good manufacturing practice
standards setting requirements for potency, purity, sanitary
conditions, and recordkeeping for dietary supplements.
(7) DSHEA provides that dietary supplements are to be
regulated like foods and not drugs or food additives.
(8) DSHEA requires that manufacturers submit adequate
information as to the safety of any new ingredients contained
in dietary supplements before those products can be sold.
(9) DSHEA provides the FDA with a number of powers to
remove unsafe dietary supplements from the marketplace.
(10) DSHEA created the Office of Dietary Supplements within
the National Institutes of Health to expand research and
consumer information about the health effects of dietary
supplements.
(11) The FDA has not adequately used its authority to
enforce DSHEA.
(12) The FDA needs adequate resources to appropriately
implement and enforce DSHEA. Congress has appropriated
additional funds over the last several years beyond those
requested in the President's budget to implement and enforce
DSHEA, reaching $10,800,000 in fiscal year 2005.
(13) However, according to the FDA, full implementation of
DSHEA would require substantial additional resources. The FDA
asserts that between $24,000,000 and $65,000,000 per year will
be needed to fully implement DSHEA.
SEC. 3. AUTHORIZATION AND APPROPRIATION OF RESOURCES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)--
(1) $30,000,000 for fiscal year 2007;
(2) $40,000,000 for fiscal year 2008;
(3) $50,000,000 for fiscal year 2009; and
(4) $65,000,000 for fiscal year 2010.
(b) Appropriation of Funds for Fiscal Year 2006.--There is
appropriated, out of any money in the Treasury not otherwise
appropriated, to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
$20,000,000 for fiscal year 2006.
(c) Office of Dietary Supplements.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for expanded research and development of
consumer information, including information on safety and
beneficial effects, of dietary supplements by the Office of
Dietary Supplements at the National Institutes of Health such
sums as may be necessary for each of the fiscal years 2007
through 2010.
(2) Appropriation of funds for fiscal year 2006.--There is
appropriated, out of any money in the Treasury not otherwise
appropriated, for expanded research and development of consumer
information, including information on safety and beneficial
effects, of dietary supplements by the Office of Dietary
Supplements at the National Institutes of Health $30,000,000
for fiscal year 2006.
(d) Use of Funds.--The Secretary of Health and Human Services shall
fully and appropriately use the funds appropriated in subsections (b)
and (c) and pursuant to subsection (a) to regulate dietary supplements.
SEC. 4. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY
SUPPLEMENTS.
(a) In General.--Not later than January 31, 2007, and annually
thereafter, the Secretary shall submit a report to Congress on the
implementation and enforcement of the Dietary Supplement Health and
Education Act of 1994 (Public Law 103-417).
(b) Contents.--The report under subsection (a) shall include the
following:
(1) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
dietary supplement regulation over the prior fiscal year.
(2) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
administering adverse event reporting systems as they relate to
dietary supplement regulation over the prior fiscal year.
(3) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
enforcement of dietary supplement labeling and claims
requirements over the prior fiscal year and an explanation of
their activities.
(4) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to good
manufacturing practices inspections of dietary supplement
manufacturers over the prior fiscal year and an explanation of
their activities.
(5) The number of good manufacturing practices inspections
of dietary supplement manufacturers by the Food and Drug
Administration over the prior fiscal year and a summary of the
results.
(6) The number of new ingredient reviews and safety reviews
related to dietary supplements and the results of those
reviews.
(7) An explanation of all enforcement actions taken by the
Food and Drug Administration and the Department of Health and
Human Services related to dietary supplements over the prior
fiscal year, including the number and type of actions.
(8) The number of dietary supplement claims for which the
Food and Drug Administration requested substantiation from the
manufacturer over the prior fiscal year, and the agency's
response.
(9) The number of dietary supplement claims determined to
be false, misleading, or unsubstantiated by the Food and Drug
Administration over the prior fiscal year.
(10) The research and consumer education activities
supported by the Office of Dietary Supplements of the National
Institutes of Health.
(11) Any recommendations for administrative or legislative
actions regarding the regulation of dietary supplements.
(12) Any other information regarding the regulation of
dietary supplements determined appropriate by the Secretary.
SEC. 5. DIETARY SUPPLEMENTS CONTAINING EPHEDRINE ALKALOIDS.
(a) Findings.--The Congress finds that--
(1) dietary supplements containing ephedrine alkaloids may
present a significant or unreasonable risk of illness or
injury; and
(2) through section 402(f) of the Federal Food, Drug, and
Cosmetic Act (established by the Dietary Supplement Health and
Education Act of 1994), the Congress has granted the Secretary
the authority to remove from the market dietary supplements
that present such a risk.
(b) Sense of Congress Regarding Risk of Illness or Injury.--It is
the sense of the Congress that, in the event the Secretary determines
under section 402(f) of the Federal Food, Drug, and Cosmetic Act that a
dietary supplement containing ephedrine alkaloids presents a
significant or unreasonable risk of illness or injury--
(1) all dietary supplements containing such alkaloids
should be declared to be adulterated in accordance with such
section; and
(2) the Secretary should take all necessary actions to
remove all such supplements from the market.
(c) Sense of Congress Regarding Botanical Sources.--It is the sense
of the Congress that the Secretary should take steps to assure the
continued availability of botanical sources of ephedrine alkaloids
that--
(1) are in forms that have not been manipulated or
chemically altered to increase their ephedrine alkaloid
concentration or content;
(2) are marketed at dosages that are substantiated to be at
levels used in traditional herbal formulas; and
(3) are labeled only for traditional uses and not for
weight loss or energy.
SEC. 6. EDUCATION PROGRAMS REGARDING DIETARY SUPPLEMENTS.
(a) Health Care Professionals.--
(1) In general.--The Secretary shall carry out a program to
educate health professionals on the safety and health benefits
of dietary supplements, including the potential for dietary
supplement/drug interactions.
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $5,000,000 for fiscal year 2006, in addition to
any other authorization of appropriations that is available
with respect to such purpose.
(b) Consumers.--
(1) In general.--The Secretary shall carry out a program to
educate consumers of dietary supplements on the safety and
health benefits of dietary supplements, including the potential
for dietary supplement/drug interactions through public
education forums, advertisements, and the Internet.
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $5,000,000 for fiscal year 2006, in addition to
any other authorization of appropriations that is available
with respect to such purpose.
SEC. 7. ADVERSE EVENT REPORTING SYSTEM.
The Secretary shall establish a system for the requirements for the
reporting of serious adverse experiences associated with the use of a
dietary supplement received by the manufacturer, packer, or distributor
whose name appears on the label of the product.
SEC. 8. DEFINITION.
For purposes of this Act, the term ``Secretary'' means the
Secretary of Health and Human Services, acting through the Commissioner
of Food and Drugs. | Dietary Supplement Regulatory Implementation Act of 2005 - Authorizes and makes appropriations to: (1) carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA) and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act; and (2) expand research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health (NIH).
Requires the Secretary of Health and Human Services to: (1) use such funds to regulate dietary supplements; and (2) report to Congress on the implementation and enforcement of DSHEA.
Expresses the sense of Congress regarding the availability of certain botanical sources of ephedrine alkaloids.
Requires the Secretary to: (1) carry out programs to educate health professionals and consumers on the safety and health benefits of dietary supplements; and (2) establish a system for the reporting of serious adverse experiences associated with the use of a dietary supplement received by the manufacturer, packer, or distributor whose name appears on the label of the product. | {"src": "billsum_train", "title": "To ensure that the goals of the Dietary Supplement Health and Education Act of 1994 are met by authorizing appropriations to fully enforce and implement such Act and the amendments made by such Act, and for other purposes."} | 2,245 | 233 | 0.612521 | 1.811623 | 0.887075 | 5.103448 | 10.192118 | 0.975369 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carbon Leakage Mitigation Study Act
of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cap-and-trade program.--The term ``cap-and-trade
program'' means an economy-wide program enacted by Congress
under which greenhouse gas emission allowances are distributed
or auctioned to control those emissions under the Clean Air Act
(42 U.S.C. 7401 et seq.).
(2) Carbon leakage.--The term ``carbon leakage'' means any
substantial increase (as determined by the Secretary) in
greenhouse gas emissions--
(A) by a manufacturing facility located in a
country without a greenhouse gas emission regulation
commensurate to a cap-and-trade program; or
(B) that is caused by an incremental cost of
production increase in the United States as a result of
a domestic cap-and-trade program.
(3) Compensatory measure.--
(A) In general.--The term ``compensatory measure''
means any provision of a cap-and-trade program intended
to mitigate the risk of carbon leakage.
(B) Inclusions.--The term ``compensatory measure''
includes a provision described in subparagraph (A)
relating to--
(i) emission allowance allocation; or
(ii) a border tax adjustment.
(4) Greenhouse gas.--The term ``greenhouse gas'' means any
gas designated as a greenhouse gas under a cap-and-trade
program.
(5) Output.--The term ``output'' means the total tonnage or
other standard unit of production (as determined by the
Secretary) produced by a manufacturing facility.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. INDUSTRY PRODUCTIVITY AND CARBON LEAKAGE STUDY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Commerce, the Administrator of the Environmental
Protection Agency, and the heads of other appropriate Federal
departments and agencies, shall conduct a study--
(1) to characterize the relative risk of carbon leakage and
changes in output and investment in United States industrial
sectors and subsectors caused by a potential cap-and-trade
program implemented in the United States, in the absence of
commensurate greenhouse gas emission regulations in other
countries; and
(2) to estimate the change in output in industrial sectors
and subsectors of the United States that are determined to be
at risk of significant carbon leakage.
(b) Inclusions.--The study under subsection (a) shall include an
assessment of--
(1) expected United States industrial production, imports,
and exports, absent a cap-and-trade program;
(2) the direct and indirect energy intensity and greenhouse
gas intensity of United States industries in relation to gross
value-added, cost of production, and total shipment values;
(3) the price elasticity of United States industries;
(4) the trade elasticity of United States industries;
(5) the trade intensity (calculated as imports plus
exports, relative to domestic consumption) of United States
industries;
(6) other qualitative indicators of the ability of United
States industries to pass on cost increases to consumers, such
as--
(A) market structure and concentration;
(B) level of product differentiation;
(C) the availability of close substitutes for
customers; and
(D) factors that constrain the response of foreign
producers to an increase in United States production
costs;
(7) the overall risk of carbon leakage, expressed in list
form by sector and subsector of the United States economy,
resulting from a cap-and-trade program;
(8) the impacts on the production, profitability,
greenhouse gas emissions, and level of employment of industries
at risk of carbon leakage, expressed--
(A) by sector and subsector, separately and in
aggregate, as a percentage of gross domestic product;
(B) in relation to national production, trade, and
employment projections under a potential cap-and-trade
program; and
(C) as compared to baseline projections absent a
cap-and-trade program;
(9) the manner in which the economic impacts of climate
change policies compare to changes over time in other factors
affecting production and investment by industries, such as--
(A) changes in production costs;
(B) currency exchange rates;
(C) consumer preference; and
(D) other relevant factors; and
(10) the highest-priority trading partners of the
industries at risk of carbon leakage, listed in order of
priority.
(c) Report.--On completion of the study under this section, the
Secretary shall submit to Congress a report describing the results of
the study, including recommendations regarding data collection
activities and subsequent studies by the Secretary, if any.
SEC. 4. STUDY OF MEASURES TO MITIGATE CARBON LEAKAGE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, but not earlier than the date of submission to
Congress of the report regarding the competitiveness study under
section 3(c), the Secretary, in consultation with the Secretary of
Commerce, the Administrator of the Environmental Protection Agency, and
the heads of other appropriate Federal departments and agencies, shall
conduct a study to evaluate the impact of potential compensatory
measures to prevent carbon leakage resulting from a cap-and-trade
program.
(b) Inclusions.--The study under subsection (a) shall include an
assessment of--
(1) compensatory measures used by other jurisdictions to
prevent carbon leakage under regional, national, or
multinational climate policies;
(2) the projected risk of carbon leakage from United States
industries under potential prices on greenhouse gas emissions
and realistic scenarios for international climate policy, with
compensatory measures, including--
(A) the production, profitability, and level of
employment of the industries at risk of carbon leakage,
expressed separately and in aggregate;
(B) expected changes in the domestic market shares
of products produced in the United States, as compared
to products imported into the United States; and
(C) expected changes in the foreign market shares
of products produced in the United States, as compared
to products produced by other countries; and
(3) the consistency of compensatory measures with
international trade commitments (including principles of the
World Trade Organization).
(c) Report.--On completion of the study under this section, the
Secretary shall submit to Congress a report describing the results of
the study, including recommendations of the Secretary, if any. | Carbon Leakage Mitigation Study Act of 2009 - Directs the Secretary of Energy (DOE) to conduct studies of: (1) the risk of carbon leakage and changes in U.S. industrial output and investment resulting from the implementation of a cap-and-trade program; and (2) the impact of potential compensatory measures to prevent carbon leakage resulting from a cap-and-trade program. | {"src": "billsum_train", "title": "A bill to require the Secretary of Energy to conduct a study of the impact of energy and climate policy on the competitiveness of energy-intensive manufacturing and measures to mitigate those effects."} | 1,450 | 88 | 0.670058 | 1.603209 | 0.904427 | 5.081081 | 18.418919 | 0.945946 |
SECTION 1. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.
(a) Extension.--Section 208 of the Andean Trade Preference Act (19
U.S.C. 3206) is amended to read as follows:
``SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT.
``(a) In General.--No duty-free treatment or other preferential
treatment extended to beneficiary countries under this title shall--
``(1) remain in effect with respect to Colombia or Peru after
December 31, 2009;
``(2) remain in effect with respect to Ecuador after June 30,
2009, except that duty-free treatment and other preferential
treatment under this title shall remain in effect with respect to
Ecuador during the period beginning on July 1, 2009, and ending on
December 31, 2009, unless the President reviews the criteria set
forth in section 203, and on or before June 30, 2009, reports to
the Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives pursuant to subsection
(b) that--
``(A) the President has determined that Ecuador does not
satisfy the requirements set forth in section 203(c) for being
designated as a beneficiary country; and
``(B) in making that determination, the President has taken
into account each of the factors set forth in section 203(d);
and
``(3) remain in effect with respect to Bolivia after June 30,
2009, except that duty-free treatment and other preferential
treatment under this title shall remain in effect with respect to
Bolivia during the period beginning on July 1, 2009, and ending on
December 31, 2009, only if the President reviews the criteria set
forth in section 203, and on or before June 30, 2009, reports to
the Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives pursuant to subsection
(b) that--
``(A) the President has determined that Bolivia satisfies
the requirements set forth in section 203(c) for being
designated as a beneficiary country; and
``(B) in making that determination, the President has taken
into account each of the factors set forth in section 203(d).
``(b) Reports.--On or before June 30, 2009, the President shall
make determinations pursuant to subsections (a)(2)(A) and (a)(3)(A) and
report to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives on--
``(1) such determinations; and
``(2) the reasons for such determinations.''.
(b) Treatment of Certain Apparel Articles.--Section 204(b)(3) of
such Act (19 U.S.C. 3203(b)(3)) is amended--
(1) in subparagraph (B)--
(A) in clause (iii)--
(i) in subclause (II), by striking ``6 succeeding 1-
year periods'' and inserting ``7 succeeding 1-year
periods''; and
(ii) in subclause (III)(bb), by striking ``and for the
succeeding 1-year period'' and inserting ``and for the
succeeding 2-year period''; and
(B) in clause (v)(II), by striking ``5 succeeding 1-year
periods'' and inserting ``6 succeeding 1-year periods''; and
(2) in subparagraph (E)(ii)(II), by striking ``December 31,
2008'' and inserting ``December 31, 2009''.
SEC. 2. EARNED IMPORT ALLOWANCE PROGRAM.
(a) In General.--Title IV of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act (Public
Law 109-53; 119 Stat. 495) is amended by adding at the end the
following:
``SEC. 404. EARNED IMPORT ALLOWANCE PROGRAM.
``(a) Preferential Treatment.--
``(1) In general.--Eligible apparel articles wholly assembled
in an eligible country and imported directly from an eligible
country shall enter the United States free of duty, without regard
to the source of the fabric or yarns from which the articles are
made, if such apparel articles are accompanied by an earned import
allowance certificate that reflects the amount of credits equal to
the total square meter equivalents of fabric in such apparel
articles, in accordance with the program established under
subsection (b).
``(2) Determination of quantity of sme.--For purposes of
determining the quantity of square meter equivalents under
paragraph (1), the conversion factors listed in `Correlation: U.S.
Textile and Apparel Industry Category System with the Harmonized
Tariff Schedule of the United States of America, 2008', or its
successor publications, of the United States Department of
Commerce, shall apply.
``(b) Earned Import Allowance Program.--
``(1) Establishment.--The Secretary of Commerce shall establish
a program to provide earned import allowance certificates to any
producer or entity controlling production of eligible apparel
articles in an eligible country for purposes of subsection (a),
based on the elements described in paragraph (2).
``(2) Elements.--The elements referred to in paragraph (1) are
the following:
``(A) One credit shall be issued to a producer or an entity
controlling production for every two square meter equivalents
of qualifying fabric that the producer or entity controlling
production can demonstrate that it has purchased for the
manufacture in an eligible country of articles like or similar
to any article eligible for preferential treatment under
subsection (a). The Secretary of Commerce shall, if requested
by a producer or entity controlling production, create and
maintain an account for such producer or entity controlling
production, into which such credits may be deposited.
``(B) Such producer or entity controlling production may
redeem credits issued under subparagraph (A) for earned import
allowance certificates reflecting such number of earned credits
as the producer or entity may request and has available.
``(C) Any textile mill or other entity located in the
United States that exports qualifying fabric to an eligible
country may submit, upon such export or upon request, the
Shipper's Export Declaration, or successor documentation, to
the Secretary of Commerce--
``(i) verifying that the qualifying fabric was exported
to a producer or entity controlling production in an
eligible country; and
``(ii) identifying such producer or entity controlling
production, and the quantity and description of qualifying
fabric exported to such producer or entity controlling
production.
``(D) The Secretary of Commerce may require that a producer
or entity controlling production submit documentation to verify
purchases of qualifying fabric.
``(E) The Secretary of Commerce may make available to each
person or entity identified in the documentation submitted
under subparagraph (C) or (D) information contained in such
documentation that relates to the purchase of qualifying fabric
involving such person or entity.
``(F) The program shall be established so as to allow, to
the extent feasible, the submission, storage, retrieval, and
disclosure of information in electronic format, including
information with respect to the earned import allowance
certificates required under subsection (a)(1).
``(G) The Secretary of Commerce may reconcile discrepancies
in the information provided under subparagraph (C) or (D) and
verify the accuracy of such information.
``(H) The Secretary of Commerce shall establish procedures
to carry out the program under this section by September 30,
2008, and may establish additional requirements to carry out
the program.
``(c) Definitions.--For purposes of this section--
``(1) the term `appropriate congressional committees' means the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate;
``(2) the term `eligible apparel articles' means the following
articles classified in chapter 62 of the HTS (and meeting the
requirements of the rules relating to chapter 62 of the HTS
contained in general note 29(n) of the HTS) of cotton (but not of
denim): trousers, bib and brace overalls, breeches and shorts,
skirts and divided skirts, and pants;
``(3) the term `eligible country' means the Dominican Republic;
and
``(4) the term `qualifying fabric' means woven fabric of cotton
wholly formed in the United States from yarns wholly formed in the
United States and certified by the producer or entity controlling
production as being suitable for use in the manufacture of apparel
items such as trousers, bib and brace overalls, breeches and
shorts, skirts and divided skirts or pants, all the foregoing of
cotton, except that--
``(A) fabric otherwise eligible as qualifying fabric shall
not be ineligible as qualifying fabric because the fabric
contains nylon filament yarn with respect to which section
213(b)(2)(A)(vii)(IV) of the Caribbean Basin Economic Recovery
Act applies;
``(B) fabric that would otherwise be ineligible as
qualifying fabric because the fabric contains yarns not wholly
formed in the United States shall not be ineligible as
qualifying fabric if the total weight of all such yarns is not
more than 10 percent of the total weight of the fabric, except
that any elastomeric yarn contained in an eligible apparel
article must be wholly formed in the United States; and
``(C) fabric otherwise eligible as qualifying fabric shall
not be ineligible as qualifying fabric because the fabric
contains yarns or fibers that have been designated as not
commercially available pursuant to--
``(i) article 3.25(4) or Annex 3.25 of the Agreement;
``(ii) Annex 401 of the North American Free Trade
Agreement;
``(iii) section 112(b)(5) of the African Growth and
Opportunity Act;
``(iv) section 204(b)(3)(B)(i)(III) or (ii) of the
Andean Trade Preference Act;
``(v) section 213(b)(2)(A)(v) or 213A(b)(5)(A) of the
Caribbean Basin Economic Recovery Act; or
``(vi) any other provision, relating to determining
whether a textile or apparel article is an originating good
eligible for preferential treatment, of a law that
implements a free trade agreement entered into by the
United States that is in effect at the time the claim for
preferential treatment is made.
``(d) Review and Report.--
``(1) Review.--The United States International Trade Commission
shall carry out a review of the program under this section annually
for the purpose of evaluating the effectiveness of, and making
recommendations for improvements in, the program.
``(2) Report.--The United States International Trade Commission
shall submit to the appropriate congressional committees annually a
report on the results of the review carried out under paragraph
(1).
``(e) Effective Date and Applicability.--
``(1) Effective date.--The program under this section shall be
in effect for the 10-year period beginning on the date on which the
President certifies to the appropriate congressional committees
that sections A, B, C, and D of the Annex to Presidential
Proclamation 8213 (December 20, 2007) have taken effect.
``(2) Applicability.--The program under this section shall
apply with respect to qualifying fabric exported to an eligible
country on or after August 1, 2007.''.
(b) Clerical Amendment.--The table of contents for the Dominican
Republic-Central America-United States Free Trade Agreement
Implementation Act is amended by inserting after the item relating to
section 403 the following:
``Sec. 404. Earned import allowance program.''.
SEC. 3. AFRICAN GROWTH AND OPPORTUNITY ACT.
(a) In General.--Section 112 of the African Growth and Opportunity
Act (19 U.S.C. 3721) is amended--
(1) in subsection (b)(6)(A), by striking ``ethic'' in the
second sentence and inserting ``ethnic''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``, and subject to
paragraph (2),'';
(B) by striking paragraphs (2) and (3);
(C) in paragraph (4)--
(i) by striking ``Subsection (b)(3)(C)'' and inserting
``Subsection (b)(3)(B)''; and
(ii) by redesignating such paragraph (4) as paragraph
(2); and
(D) by striking paragraph (5) and inserting the following:
``(3) Definition.--In this subsection, the term `lesser
developed beneficiary sub-Saharan African country' means--
``(A) a beneficiary sub-Saharan African country that had a
per capita gross national product of less than $1,500 in 1998,
as measured by the International Bank for Reconstruction and
Development;
``(B) Botswana;
``(C) Namibia; and
``(D) Mauritius.''.
(b) Applicability.--The amendments made by subsection (a) apply 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) Review and Reports.--
(1) ITC review and report.--
(A) Review.--The United States International Trade
Commission shall conduct a review to identify yarns, fabrics,
and other textile and apparel inputs that through new or
increased investment or other measures can be produced
competitively in beneficiary sub-Saharan African countries.
(B) Report.--Not later than 7 months after the date of the
enactment of this Act, the United States International Trade
Commission shall submit to the appropriate congressional
committees and the Comptroller General a report on the results
of the review carried out under subparagraph (A).
(2) GAO report.--Not later than 90 days after the submission of
the report under paragraph (1)(B), the Comptroller General shall
submit to the appropriate congressional committees a report that,
based on the results of the report submitted under paragraph (1)(B)
and other available information, contains recommendations for
changes to United States trade preference programs, including the
African Growth and Opportunity Act (19 U.S.C. 3701 et seq.) and the
amendments made by that Act, to provide incentives to increase
investment and other measures necessary to improve the
competitiveness of beneficiary sub-Saharan African countries in the
production of yarns, fabrics, and other textile and apparel inputs
identified in the report submitted under paragraph (1)(B),
including changes to requirements relating to rules of origin under
such programs.
(3) Definitions.--In this subsection--
(A) the term ``appropriate congressional committees'' means
the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate; and
(B) the term ``beneficiary sub-Saharan African countries''
has the meaning given the term in section 506A(c) of the Trade
Act of 1974 (19 U.S.C. 2466a(c)).
(d) Clerical Amendment.--Section 6002(a)(2)(B) of Public Law 109-
432 is amended by striking ``(B) by striking'' and inserting ``(B) in
paragraph (3), by striking''.
SEC. 4. GENERALIZED SYSTEM OF PREFERENCES.
Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
SEC. 5. CUSTOMS USER FEES.
(a) In General.--Section 13031(j)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``November 14, 2017'' and
inserting ``February 14, 2018''; and
(2) in subparagraph (B)(i), by striking ``October 7, 2017'' and
inserting ``January 31, 2018''.
(b) Repeal.--Section 15201 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246) is amended by striking subsections (c)
and (d).
SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under subparagraph (C) of section 401(1) of the Tax
Increase Prevention and Reconciliation Act of 2005 in effect on the
date of the enactment of this Act is increased by 2 percentage points.
SEC. 7. TECHNICAL CORRECTIONS.
Section 15402 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246) is amended--
(1) in subsections (a) and (b), by striking ``Carribean'' each
place it appears and inserting ``Caribbean''; and
(2) in subsection (d), by striking ``231A(b)'' and inserting
``213A(b)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Andean Trade Preference Act (ATPA) to prohibit the extension of duty-free treatment or other preferential treatment to: (1) Colombia or Peru after December 31, 2009; (2) Ecuador after June 30, 2009, except that such preferential treatment shall remain in effect through December 31, 2009, unless the President reports to specified congressional committees on or before June 30, 2009, that Ecuador does not satisfy certain beneficiary country designation requirements; and (3) Bolivia after June 30, 2009, except that such preferential treatment shall remain in effect through December 31, 2009, only if the President reports to specified congressional committees on or before June 30, 2009, that Bolivia satisfies certain beneficiary country designation requirements.
(Sec. 1) Extends through FY2010 preferential treatment for apparel articles assembled in one or more beneficiary countries from regional fabrics or regional components, and specified other type apparel (brassieres).
(Sec. 2) Amends the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act to direct the Secretary of Commerce to establish a program to provide earned import allowance certificates to any producer or entity controlling production of eligible apparel articles in the Dominican Republic, based on specified elements.
Declares that eligible apparel articles wholly assembled in the Dominican Republic and imported directly from the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric or yarns from which the articles are made, if such apparel articles are accompanied by an earned import allowance certificate reflecting the amount of credits equal to the total square meter equivalents of fabric in such apparel articles.
Directs the United States International Trade Commission (ITC) to review and report annually to the appropriate congressional committees on the effectiveness of the earned import allowance program.
(Sec. 3) Amends the African Growth and Opportunity Act to repeal certain special rules for fabrics and yarns in commercial quantities in Africa.
Adds Mauritius as a lesser developed beneficiary sub-Saharan African country (LDC) for purposes of the application of preferential treatment to apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more LDCs, regardless of the country of origin of the fabric or the yarn used to make such articles, that are imported into the United States.
Directs the ITC to review, identify, and report to the appropriate congressional committees and the Comptroller General on yarns, fabrics, and other textile and apparel inputs that through new or increased investment or other measures can be produced competitively in beneficiary sub-Saharan African countries.
Directs the Comptroller General to report to the appropriate congressional committees on recommendations for changes to U.S. trade preference programs, including changes to rules of origin, to provide incentives to increase investment and other measures to improve the competitiveness of beneficiary sub-Saharan African countries in the production of yarns, fabrics, and other textile and apparel inputs.
(Sec. 4) Amends the Trade Act of 1974 to extend the Generalized System of Preferences program through December 31, 2009.
(Sec. 5) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend certain customs fees for the processing of merchandise entered into the United States.
(Sec. 6) Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase by 2% the amount in effect on the date of enactment of this Act of any corporate estimated tax installment otherwise due by a corporation with assets of not less than $1 billion in July, August, or September 2013. | {"src": "billsum_train", "title": "To extend the Andean Trade Preference Act, and for other purposes."} | 3,857 | 773 | 0.625067 | 2.226169 | 0.750029 | 4.252941 | 5.052941 | 0.923529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Private Partnership Act of
2003''.
SEC. 2. FEDERAL REAL PROPERTY DEVELOPMENT.
(a) In General.--Part A of subtitle II of title 40, United States
Code, is amended by adding at the end the following:
``CHAPTER 39--FEDERAL REAL PROPERTY DEVELOPMENT
``Sec.
``3901. Definitions.
``3902. Agreements with non-Federal entities.
``3903. Sunset.
``Sec. 3901. Definitions
``In this chapter, the following definitions apply:
``(1) Excess property.--The term `excess property' has the
meaning given such term by section 102.
``(2) Federal buildings fund.--The term `Federal Buildings
Fund' means the fund established by section 592.
``(3) Landholding agency.--
``(A) In general.--Subject to subparagraph (B), the
term `landholding agency' means any executive agency
that, by specific or general statutory authority, has
jurisdiction over property that is real property.
``(B) Exclusions.--The term `landholding agency'--
``(i) does not include an executive agency
with respect to the agency--
``(I) disposing of an interest in
real property for public benefit
purposes pursuant to section 545;
``(II) holding lands in trust or
restricted fee status for individual
Indians or Indian tribes; or
``(III) having jurisdiction over
National Park System lands, National
Forest System lands, or National
Wildlife Refuge System lands; and
``(ii) does not include the Bureau of Land
Management.
``(4) Property.--The term `property' has the meaning given
such term by section 102, and includes public buildings and the
occupied or improved grounds of the United States generally.
``Sec. 3902. Agreements with non-Federal entities
``(a) Authority To Enter Into Agreements.--
``(1) In general.--Subject to the requirements of this
section, the Administrator of General Services may enter into
agreements with non-Federal entities to provide for--
``(A) the acquisition, lease, construction,
rehabilitation, operation, maintenance, or use of real
property under the jurisdiction of the General Services
Administration or another landholding agency; or
``(B) such other activities related to the real
property as the Administrator considers appropriate.
``(2) Landholding agencies other than gsa.--In the case of
real property under the jurisdiction of a landholding agency
other than the General Services Administration, the
Administrator may enter into an agreement under this subsection
only upon the written request of the head of the landholding
agency.
``(b) Eligibility of Real Property.--The Administrator may enter
into an agreement under subsection (a) with respect to real property
only if the head of the landholding agency with jurisdiction over the
property determines in writing that the real property is not excess
property.
``(c) Terms and Conditions.--An agreement entered into under
section (a) with respect to real property under the jurisdiction of a
landholding agency--
``(1) shall have as its primary purpose enhancing the value
of the real property to the United States;
``(2) shall provide that any obligation of an agency under
the agreement is subject to the availability of appropriated
funds or the availability of receipts authorized by subsection
(h);
``(3) shall be for a term that is not longer than 50 years;
``(4) shall be negotiated pursuant to such procedures as
the Administrator considers necessary to ensure the integrity
of the selection process and to protect the interests of the
United States;
``(5) shall support the goals and objectives set forth in a
plan to be developed by the landholding agency to improve real
property management decisions, reduce costs, and maximize
portfolio performance, which plan shall address, at a minimum,
life cycle planning and preservation of asset value;
``(6) may provide a lease option to the United States, to
be exercised at the discretion of the Administrator, to occupy
any office, storage, or other space in a facility covered under
the agreement that may be suitable for use by one or more
Federal agencies;
``(7) shall not provide, unless specifically determined
otherwise by the Administrator, that ownership of a facility
covered under the agreement be transferred to the United States
at or shortly after the expiration of any lease of the facility
to the United States, but may provide that ownership of the
facility be transferred to the United States before the
expiration of the agreement;
``(8) shall describe the consideration, duties, and
responsibilities for which the United States and the non-
Federal entity are responsible;
``(9) shall provide--
``(A) that the United States will not be liable for
any action, debt, or liability of any entity created by
the agreement; and
``(B) that the non-Federal entity may not execute
any instrument or document creating or evidencing any
indebtedness unless such instrument or document
specifically disclaims any liability of the United
States under the instrument or document; and
``(10) shall include such other terms and conditions as the
Administrator considers appropriate.
``(d) Consideration.--
``(1) In general.--An agreement entered into under
subsection (a) shall be for fair consideration, as determined
by the Administrator.
``(2) In-kind consideration.--Consideration under such an
agreement may be provided in whole or in part through in-kind
consideration, including provision of space, goods, or services
of benefit to the United States. Such services may include
construction, repair, remodeling, or other physical
improvements of Federal property, maintenance of Federal
property, or the provision of office, storage, or other usable
space.
``(e) Authority To Convey.--In carrying out an agreement entered
into under subsection (a), the Administrator may convey interests in
real property, by lease or exchange, to a non-Federal entity.
``(f) Relationship to Other Laws.--
``(1) Requirement for congressional approval.--An agreement
entered into under subsection (a) shall not be subject to
section 3307.
``(2) Waiver authority.--
``(A) In general.--In carrying out this section,
the Administrator may waive requirements of Federal law
relating to the acquisition, lease, construction,
rehabilitation, operation, maintenance, or use of real
property if the Administrator determines, in writing,
that the waiver is necessary to achieve the purposes of
this section.
``(B) Limitation.--Nothing in subparagraph (A)
shall be construed to authorize the Administrator to
waive a requirement of Federal law relating to the
environment, labor, or historic preservation.
``(C) Prohibition on delegation.--The Administrator
may not delegate the authority granted under
subparagraph (A).
``(g) Reporting Requirement.--
``(1) In general.--Before entering into an agreement under
subsection (a), the Administrator shall transmit to Congress a
report on the proposed agreement.
``(2) Contents.--A report transmitted under this subsection
shall include--
``(A) a summary of a cost-benefit analysis of the
proposed agreement;
``(B) a statement of the fair market value of any
real property covered under the proposed agreement;
``(C) a description of the provisions of the
proposed agreement, including the consideration
received;
``(D) a description of actions to be taken under
the proposed agreement to comply with applicable
Federal laws, including environmental, historic
preservation, and labor laws;
``(E) a description of how the proposed agreement
departs from standard agency practices relating to the
acquisition, lease, construction, rehabilitation,
operation, maintenance, or use of real property
otherwise authorized under this part; and
``(F) a description of the extent to which the
proposed agreement is consistent with State and local
zoning requirements.
``(3) Review by congress.--A proposed agreement under
subsection (a) may not become effective before the earlier of--
``(A) the end of a 45-day period of continuous
session of Congress following the date of the
transmittal of a report on the agreement under this
subsection; or
``(B) the end of the 60-day period following such
date of transmittal.
For purposes of subparagraph (A), continuity of a session of
Congress is broken only by an adjournment sine die, and there
shall be excluded from the computation of such 45-day period
any day during which either House of Congress is not in session
during an adjournment of more than 5 days to a day certain.
``(h) Proceeds.--
``(1) Deposit in federal buildings fund.--
``(A) Proceeds from real property of gsa.--Net
proceeds from an agreement entered into under
subsection (a) involving real property under the
jurisdiction of the General Services Administration
shall be deposited into the Federal Buildings Fund.
``(B) Proceeds from real property of other
landholding agencies.--Net proceeds from an agreement
entered into under subsection (a) involving real
property under the jurisdiction of a landholding agency
other than the General Services Administration shall be
deposited into a separate account in the Federal
Buildings Fund to be established for the landholding
agency by the Secretary of the Treasury.
``(2) Administration of amounts.--
``(A) In general.--Amounts deposited into the
Federal Buildings Fund under this subsection, including
amounts deposited into an account established for a
landholding agency under paragraph (1)(B), shall be
administered and expended, subject to appropriations
Acts, as part of the Federal Buildings Fund.
``(B) Use of amounts in agency accounts.--Amounts
deposited into an account established for a landholding
agency under paragraph (1)(B) are authorized to be
appropriated to the Administrator of General Services
for real property management and related activities of
the landholding agency, at the written request of the
head of the landholding agency.
``(3) Recovery of expenses.--
``(A) Expenses of gsa.--The Administrator may
retain from the proceeds of any agreement entered into
under subsection (a) amounts necessary to recover the
expenses incurred by the Administrator with respect to
the agreement. Such amounts shall be deposited into the
account in the Treasury from which the Administrator
incurred the expenses.
``(B) Expenses of other landholding agencies.--In
the case of an agreement entered into under subsection
(a) involving real property under the jurisdiction of a
landholding agency other than the General Services
Administration, the Administrator shall reimburse the
agency, out of the proceeds of the agreement, for
expenses incurred by the agency with respect to the
real property. Such amounts shall be deposited into the
account in the Treasury from which the agency incurred
the expenses.
``(4) Net proceeds.--In this section, the term `net
proceeds' means, with respect to an agreement entered into
under this section, the proceeds from the agreement minus the
expenses incurred by the General Services Administration and
any other landholding agency with respect to the agreement.
``(i) Jurisdiction Over Real Property.--For purposes of this
section, a landholding agency shall be considered to have jurisdiction
over real property if the agency has jurisdiction, custody, and control
of the property.
``Sec. 3903. Sunset
``(a) In General.--The authority of the Administrator of General
Services to enter into an agreement under section 3902 shall expire on
the last day of the 6-year period beginning on the date of enactment of
this chapter.
``(b) Agreements Transmitted to Congress.--Subsection (a) shall not
apply to an agreement for which the Administrator has transmitted a
report to Congress under section 3902(g) before the last day of the 6-
year period referred to in subsection (a).
``(c) Existing Agreements.--Subsection (a) shall not affect the
Administrator's authority to carry out the Administrator's
responsibilities under an agreement entered into before the last day of
the 6-year period referred to in subsection (a) or an agreement
described in subsection (b).''.
(b) Conforming Amendment.--The analysis for part A of subtitle II
of title 40, United States Code, is amended by adding at the end the
following:
``39. FEDERAL REAL PROPERTY DEVELOPMENT.................... 3901''.
SEC. 3. SCOPE AND CONSTRUCTION.
The authorities granted by this Act (including the amendments made
by this Act) to the heads of Federal agencies for the management of
real property and the conduct of transactions involving such property,
shall be in addition to, and not in lieu of, any authorities provided
in any law existing on the date of enactment of this Act. Except as
expressly provided herein, nothing in this Act (including the
amendments made by this Act) shall be construed to repeal or supersede
any such authorities.
SEC. 4. NO WAIVER.
Nothing in this Act (including the amendments made by this Act)
shall be construed to limit or waive any right, remedy, immunity, or
jurisdiction of any Federal agency or any claim, judgment, lien, or
benefit due the Government of the United States.
SEC. 5. REPORT OF COMPTROLLER GENERAL.
Not later than 4 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on the use by Administrator of General Services of the
authorities provided by this Act.
SEC. 6. REPEAL.
(a) In General.--Section 1302 of title 40, United States Code, is
repealed.
(b) Conforming Amendment.--The analysis for chapter 13 of such
title is amended by striking the item relating to section 1302. | Public Private Partnership Act of 2003 - Authorizes the Administrator of General Services to enter into agreements with non-Federal entities for: (1) the acquisition, lease, construction, rehabilitation, operation, maintenance, or use of real property under the jurisdiction of the General Services Administration (GSA) or another landholding agency; or (2) other activities relating to the property deemed appropriate by the Administrator.
Allows the Administrator to enter into such agreements with regard to real property under the jurisdiction of non-GSA landholding agencies only upon the request of the head of the agency and a determination by that agency head that the property is not excess property.
Sets forth terms and conditions for agreements. Requires fair consideration and authorizes in-kind consideration.
Authorizes the Administrator to convey interests in real property to nonfederal entities.
Exempts agreements pursuant to this Act from the congressional approval requirement of existing law. Allows the Administrator to waive other specified legal requirements as necessary. Requires the Administrator to transmit a report on the proposed agreement to Congress as a prerequisite to entering into an agreement.
Requires proceeds from agreements to be deposited into the Federal Buildings Fund. Provides for the recovery of expenses incurred with respect to agreements.
States that the Administrator's authority to enter into agreements pursuant to this Act shall expire six years from enactment. | {"src": "billsum_train", "title": "To amend title 40, United States Code, to make reforms in the management and development of Federal real property."} | 3,098 | 292 | 0.575716 | 1.639539 | 0.778526 | 3.242188 | 11.304688 | 0.914063 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reconstructive Surgery Act of
2005''.
SEC. 2. COVERAGE OF RECONSTRUCTIVE SURGERY.
(a) Group Health Plans.--
(1) Public health service act amendments.--
(A) In general.--Section 2706 of the Public Health
Service Act (42 U.S.C. 300gg-6) is amended to read as
follows:
``SEC. 2706. COVERAGE OF RECONSTRUCTIVE SURGERY.
``(a) Requirement.--A group health plan and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan that provides coverage for surgery shall provide
coverage for reconstructive surgery, including medically-necessary
treatment for pre-operative and post-operative care deemed necessary by
the treating physician or team of physicians.
``(b) Definition.--In subsection (a), the term `reconstructive
surgery' means any medically necessary and appropriate surgery
performed to correct or repair abnormal structures of the body caused
by congenital defects, developmental abnormalities, trauma, infection,
tumors, or disease to--
``(1) improve functions; or
``(2) give the patient a normal appearance, to the extent
possible, in the judgment of the physician performing the
surgery.
``(c) Rule of Construction.--
``(1) In general.--Nothing in this section shall be
construed to require a group health plan or health insurance
issuer in connection with a group health plan to provide
coverage for cosmetic surgery.
``(2) Definition.--In paragraph (1), the term `cosmetic
surgery' means surgery that is performed to alter or reshape
normal structures of the body in order to improve
appearance.''.
(B) Conforming amendment.--Section 2723(c) of the
Public Health Service Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting
``sections 2704 and 2706''.
(2) ERISA amendments.--
(A) In general.--Section 713 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1185b) is amended to read as follows:
``SEC. 713. COVERAGE FOR RECONSTRUCTIVE SURGERY.
``(a) Requirement.--A group health plan and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan that provides coverage for surgery shall provide
coverage for reconstructive surgery, including medically-necessary
treatment for pre-operative and post-operative care deemed necessary by
the treating physician or team of physicians.
``(b) Definition.--In subsection (a), the term `reconstructive
surgery' means any medically necessary and appropriate surgery
performed to correct or repair abnormal structures of the body caused
by congenital defects, developmental abnormalities, trauma, infection,
tumors, or disease to--
``(1) improve functions; or
``(2) give the patient a normal appearance, to the extent
possible, in the judgment of the physician performing the
surgery.
``(c) Rule of Construction.--
``(1) In general.--Nothing in this section shall be
construed to require a group health plan or health insurance
issuer in connection with a group health plan to provide
coverage for cosmetic surgery.
``(2) Definition.--In paragraph (1), the term `cosmetic
surgery' means surgery that is performed to alter or reshape
normal structures of the body in order to improve
appearance.''.
(B) Conforming amendments.--
(i) Section 731(c) of such Act (29 U.S.C.
1191(c)) is amended by striking ``section 711''
and inserting ``sections 711 and 713''.
(ii) Section 732(a) of such Act (29 U.S.C.
1191a(a)) is amended by striking ``section
711'' and inserting ``sections 711 and 713''.
(iii) The table of contents in section 1 of
such Act is amended by inserting after the item
relating to section 712 the following new item:
``Sec. 713. Coverage for reconstructive surgery.''.
(b) Individual Market.--Section 2752 of the Public Health Service
Act (42 U.S.C. 300gg-52) is amended to read as follows:
``SEC. 2752. COVERAGE FOR RECONSTRUCTIVE SURGERY.
``The provisions of section 2706 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(c) Effective Dates.--
(1) Group health plans.--Subject to paragraph (3), the
amendments made by subsection (a) shall apply with respect to
group health plans for plan years beginning on or after January
1, 2006.
(2) Health insurance coverage.--The amendment made by
subsection (b) shall apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after such date.
(3) Collective bargaining agreements.--In the case of a
group health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified before the date of enactment of this
Act, the amendments made by subsection (a) shall not apply to
plan years beginning before the later of--
(A) the date on which the last collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of enactment of this Act), or
(B) January 1, 2006.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by subsection (a) shall not be treated as a termination
of such collective bargaining agreement.
(d) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 (Public Law 104-191) is
amended by striking ``this subtitle (and the amendments made by this
subtitle and section 401)'' and inserting ``the provisions of part 7 of
subtitle B of title I of the Employee Retirement Income Security Act of
1974, and the provisions of parts A and C of title XXVII of the Public
Health Service Act''. | Reconstructive Surgery Act of 2005 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan, and a health insurance issuer offering group health insurance coverage, that provide coverage for surgery to also cover reconstructive surgery, including medically-necessary treatment for preoperative and postoperative care. Defines "reconstructive surgery" as any medically necessary and appropriate surgery performed to correct or repair abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease to: (1) improve functions; or (2) give the patient a normal appearance. Excludes cosmetic surgery that is performed to alter or reshape normal structures of the body in order to improve appearance.
Applies such requirements to health insurance coverage offered in the individual market. | {"src": "billsum_train", "title": "To require health insurance coverage for certain reconstructive surgery."} | 1,510 | 188 | 0.689174 | 1.887312 | 0.937243 | 5.435897 | 8.24359 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puppies Assisting Wounded
Servicemembers (PAWS) Act of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) An estimated 14 percent of members of the Armed Forces
returning from active duty service in support of Operation
Iraqi Freedom or Operation Enduring Freedom suffer from post-
traumatic stress disorder.
(2) The resulting hyperstimulation of the fight-flight-
freeze response associated with post-traumatic stress disorder
poses a threat to the successful societal reintegration of such
members of the Armed Forces.
(3) Animals such as dogs can buffer this stress response
when humans fail to provide social support.
(4) Interaction with dogs has been shown to modulate
symptoms of post-traumatic stress disorder, such as anxiety,
including fear response and hyperarousal, interpersonal
difficulties, social isolation, physical pain, and sleep
disturbances.
SEC. 3. PILOT PROGRAM ON DEPARTMENT OF VETERANS AFFAIRS PROVISION OF
SERVICE DOGS TO CERTAIN VETERANS WITH SEVERE POST-
TRAUMATIC STRESS DISORDER.
(a) In General.--The Secretary of Veterans Affairs, acting through
the Office of Patient Centered Care and Cultural Transformation, shall
carry out a pilot program under which the Secretary shall provide to
eligible veterans with service dogs. The provision of a service dog
under the pilot program shall be done in addition to other types of
treatment provided for post-traumatic stress disorder and shall not
replace established treatment modalities. The Secretary of Veterans
Affairs shall furnish veterinary health insurance for each dog provided
under the pilot program.
(b) Eligibility.--
(1) Initial eligibility.--To be eligible for a service dog
under the pilot program a veteran shall--
(A) be diagnosed with post-traumatic stress
disorder rated at a severity level of three or four on
the Clinician-Administered PTSD Scale for DSM-5 (CAPS-
5);
(B) have been treated and have completed an
established evidence-based treatment and remain
significantly symptomatic, as evidenced by the Global
Assessment of Functioning or a similar clinical metric;
(C) have served on active duty in the Armed Forces
on or after September 11, 2001; and
(D) have not experienced satisfactory improvement
in post-traumatic stress disorder symptoms after being
treated with established evidence-based therapies.
(2) Ongoing eligibility.--To remain eligible to receive
canine health insurance furnished by the Department of Veterans
Affairs, a veteran shall see a physician who is a primary care
provider or mental health care provider at a Department of
Veterans Affairs medical facility at least quarterly.
(c) Contract Authority.--
(1) In general.--In carrying out the pilot program under
this section, the Secretary shall enter into such contracts as
may be necessary for the procurement and training of service
dogs with appropriate providers that are certified by
Assistance Dogs International or a similar organization that--
(A) on average, provides one-on-one training for
each service canine for a minimum of 30 hours over at
least 90 days including a wellness verification from a
licensed veterinarian;
(B) provides an in-house residential facility in
which service dog recipients stay for a minimum of ten
days while receiving at least 30 hours of training with
their new service canine;
(C) ensures all service canines pass the American
Kennel Club Canine Good Citizen test prior to permanent
placement with a recipient; and
(D) provides follow-up support service for the life
of the service canine.
(2) Limitation.--The Secretary may not obligate or expend
more than $27,000 for the procurement and training of any dog
under a contract entered into under this subsection.
(d) GAO Study.--Not later than 180 days after the termination of
the pilot program under this section, the Comptroller General of the
United States shall submit to Congress a report on the pilot program.
Such report shall include--
(1) an evaluation of the effectiveness of the pilot program
with respect to--
(A) helping veterans with severe post-traumatic
stress disorder live normally;
(B) relevant metrics, including reduction in
metrics such as reduction in scores under the post-
traumatic stress disorder checklist (PCL), improvement
in psychosocial function, and therapeutic compliance;
(C) lessening the symptoms of post-traumatic stress
disorder; and
(D) reducing the dependence of participants on
prescription narcotics and psychotropic medication; and
(2) the recommendations of the Comptroller General with
respect to the continuation or expansion of the program.
(e) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2017 through 2022 $10,000,000 to
carry out the pilot program under this section.
(f) Offset.--The amounts otherwise authorized to be appropriated
for Department of Veterans Affairs Office of Human Resources and
Administration for each of fiscal years 2017 through 2022 shall be
reduced by $10,000,000.
(g) Termination.--The authority to carry out a pilot program under
this section shall terminate on the date that is five years after the
date of the enactment of this Act. | Puppies Assisting Wounded Servicemembers (PAWS) Act of 2016 This bill directs the Department of Veterans Affairs (VA), through the Office of Patient Centered Care and Cultural Transformation, to carry out a five-year pilot program under which the VA shall provide service dogs and veterinary health insurance to certain veterans who: (1) served on active duty on or after September 11, 2001; and (2) were diagnosed with, and continue to suffer from, post-traumatic stress disorder. The provision of a service dog shall be done in addition to other types of treatment for post-traumatic stress disorder and shall not replace established treatment modalities. | {"src": "billsum_train", "title": "Puppies Assisting Wounded Servicemembers (PAWS) Act of 2016"} | 1,132 | 136 | 0.683034 | 2.052258 | 0.714555 | 5.201613 | 8.346774 | 0.943548 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Burial Benefits Improvement
Act of 2012''.
SEC. 2. INCREASE IN BURIAL BENEFITS FOR VETERANS.
(a) Burial and Funeral Expenses.--(1) Section 2302(a) of title 38,
United States Code, is amended by striking ``$300'' and inserting
``$3,000 (as increased from time to time under section 5312(a) of this
title)''.
(2) Section 2303(a)(1)(A) of such title is amended by striking
``$700'' and inserting ``$3,000''.
(3) Section 2307 of such title is amended by striking ``$2,000,''
and inserting ``$4,000 (as increased from time to time under section
5312(a) of this title),''.
(b) Plot Allowance.--Section 2303(b) of such title is amended--
(1) in paragraph (1), by striking ``$700'' and inserting
``$800''; and
(2) in paragraph (2), by striking ``$700'' the second place
it appears and inserting ``$800''.
(c) Annual Adjustment.--Section 5312(a) of such title is amended by
striking ``and each rate of monthly allowance paid under section 1805
of this title,'' and inserting ``each rate of monthly allowance paid
under section 1805 of this title, each rate of burial and funeral
expenses provided for under sections 2302(a) and 2307 of this title,
and each rate of plot allowance provided for under section 2303(b) of
this title,''.
(d) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall apply to deaths occurring on or
after the date of the enactment of this Act.
(2) No adjustments shall be made under section 5312(a) of title 38,
United States Code, as amended by subsection (c), for fiscal year 2012
for rates of burial and funeral expenses provided for under sections
2302(a) and 2307 of title 38, United States Code.
SEC. 3. RESTORATION OF VETERAN PLOT ALLOWANCE ELIGIBILITY AND HEADSTONE
OR MARKER ALLOWANCE.
(a) Restoration of Plot Allowance Eligibility for Veterans of Any
War.--Section 2303(b) of title 38, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``subsection (a) of this section'' and all that follows through
``and who'' and inserting the following: ``subsection (a), in
the case of a veteran who is eligible for a burial allowance
under such subsection or under section 2302 of this title, who
was discharged from the active military, naval, or air service
for a disability incurred or aggravated in the line of duty, or
who is a veteran of any war and''; and
(2) in paragraph (2)--
(A) by striking ``is eligible for a burial
allowance under section 2302 of this title or under
subsection (a) of this section, or was discharged from
the active military, naval, or air service for a
disability incurred or aggravated in line of duty, and
such veteran''; and
(B) by striking ``clause (1) of this subsection''
and inserting ``paragraph (1)''.
(b) Restoration of Headstone or Marker Allowance.--
(1) Allowance.--Section 2306 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(h) In lieu of furnishing a headstone or marker under subsection
(a)(2) or (b), the Secretary, in the Secretary's discretion, having due
regard for the circumstances in each case, may reimburse the person
entitled to request such headstone or marker for the cost of acquiring
a non-Government headstone or marker for placement in any cemetery
other than a national cemetery in connection with the burial or
memorialization of the deceased individual.''.
(2) Conforming amendment.--Subsection (g) of such section
is amended by adding at the end the following new paragraph:
``(4) Reimbursement may not be provided under subsection (h) for
the cost of acquiring a non-Government headstone or marker in
connection with the burial or memorialization of a person described in
section 2411(b) of this title.''.
(3) Clerical amendment.--Subsection (a) of such section is
amended by moving the margin of each of paragraphs (1) through
(5) by two ems to the right.
(4) Effective date.--The amendments made by this subsection
shall apply with respect to deaths occurring on or after the
date of the enactment of this Act.
SEC. 4. EXPANSION OF BURIAL BENEFITS FOR VETERANS.
(a) Homeless Veterans.--
(1) In general.--Chapter 23 of such title is amended by
inserting after section 2302 the following new section:
``Sec. 2302A. Funeral expenses for homeless veterans not serving during
wartime
``(a) Payment of Funeral Expenses.--The Secretary, in the
Secretary's discretion, having due regard to the circumstances in each
case, may pay a sum not exceeding the amount authorized under section
2302(a) of this title to such person as the Secretary prescribes to
cover the burial and funeral expenses of a deceased veteran described
in subsection (b) and the expense of preparing the body and
transporting it to the place of burial.
``(b) Homeless Veteran.--A deceased veteran described in this
subsection is an individual--
``(1) whom the Secretary determines--
``(A) is a homeless veteran (as defined in section
2002(1) of this title);
``(B) has no next of kin or other person claiming
the body of the deceased veteran; and
``(C) does not have available sufficient resources
to cover burial and funeral expenses;
``(2) whose service in the Armed Forces was not during
wartime; and
``(3) who was either--
``(A) discharged from the active military, naval,
or air service under honorable conditions; or
``(B) died during a period deemed to be active
military, naval, or air service under section 106(c) of
this title.
``(c) Deductions.--(1) Except as provided in this subsection, no
deduction shall be made from the burial allowance because of the
veteran's net assets at the time of the death of such veteran, or
because of any contribution from any source toward the burial and
funeral expenses (including transportation) unless the amount of
expenses incurred is covered by the amount actually paid therefore by
the United States, a State, any agency or political subdivision of the
United States or of a State, or the employer of the deceased veteran.
``(2) No claim shall be allowed--
``(A) for more than the difference between the entire
amount of the expenses incurred and an amount paid by the
United States, a State, any agency or political subdivision of
the United States or of a State, or the employer of the
deceased veteran, as described in paragraph (1);
``(B) when the burial allowance would revert to the funds
of a public or private organization or would discharge such an
organization's obligation without payment; or
``(C) in any case where payment of expenses of funeral,
transportation, and interment for the veteran is made under any
other Act.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2302 the following new item:
``2302A. Funeral expenses for homeless veterans not serving during
wartime.''.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
apply to deaths occurring on or after the date of the enactment of this
Act. | Veterans Burial Benefits Improvement Act of 2012 - Increases the authorized allowance for burial and funeral expenses for deceased veterans who: (1) at the time of death were in receipt of veterans' disability compensation or veterans' pension benefits, or (2) were veterans of any war or were discharged or released from active military service for a service-connected disability and have no next of kin or sufficient resources to cover funeral and burial costs. Increases the burial and funeral allowances for veterans who: (1) at the time of death, were receiving hospital or nursing home care in or through the Department of Veterans Affairs (VA); or (2) die as a result of a service-connected disability. Authorizes the annual adjustment of such allowances by the same percentage increase as adjustments to benefit amounts payable under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.
Authorizes a burial plot allowance, as well as reimbursement for a burial headstone or marker, for a veteran of any war.
Authorizes the VA to cover the burial and funeral expenses of a deceased veteran: (1) who is homeless, has no next of kin or other person claiming the body, and does not have sufficient resources to cover such expenses; (2) whose service in the Armed Forces was not during wartime; and (3) who was either discharged under honorable conditions or died during a period deemed to be active service. Prohibits any deduction from the burial allowance because of a veteran's assets or because of any contribution toward the burial and funeral expenses, unless the expenses incurred are covered by the United States, a state, an agency or political subdivision of the United States or a state, or the veteran's employer. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to increase burial benefits for veterans, and for other purposes."} | 1,802 | 369 | 0.603604 | 1.716611 | 0.60424 | 3.029586 | 4.825444 | 0.857988 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forest System Vegetation
Management Pilot Program Act of 2017''.
SEC. 2. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION MANAGEMENT
PILOT PROGRAM.
(a) Definitions.--In this section:
(1) National forest system land.--
(A) In general.--The term ``National Forest System
land'' means land within the National Forest System, as
defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)).
(B) Exclusions.--The term ``National Forest System
land'' does not include--
(i) a National Grassland; or
(ii) a land utilization project on land
designated as a National Grassland and
administered pursuant to sections 31, 32, and
33 of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010, 1011, 1012).
(2) Passing wildfire.--The term ``passing wildfire'' means
a wildfire that originates outside of a right-of-way.
(3) Pilot program.--The term ``pilot program'' means the
pilot program established by the Secretary under subsection
(b).
(4) Right-of-way.--The term ``right-of-way'' means a
special use authorization issued by the Forest Service allowing
the placement of utility infrastructure.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Utility infrastructure.--The term ``utility
infrastructure'' means electric transmission lines, natural gas
infrastructure, or related structures.
(b) Establishment.--To encourage owners or operators of rights-of-
way on National Forest System land to partner with the Forest Service
to voluntarily conduct vegetation management projects on a proactive
basis to better protect utility infrastructure from potential passing
wildfires, the Secretary shall establish a limited, voluntary pilot
program, in the manner described in this section, to conduct vegetation
management projects on National Forest System land adjacent to or near
those rights-of-way.
(c) Eligible Participants.--
(1) In general.--A participant in the pilot program shall
be the owner or operator of a right-of-way on National Forest
System land.
(2) Selection priority.--In selecting participants for the
pilot program, the Secretary shall give priority to an owner or
operator of a right-of-way that has worked with Forest Service
fire scientists and used technologies, such as light detection
and ranging surveys, to improve utility infrastructure
protection prescriptions.
(d) Vegetation Management Projects.--
(1) In general.--A vegetation management project conducted
under the pilot program shall involve only limited and
selective vegetation management activities that--
(A) shall create the least disturbance reasonably
necessary to protect utility infrastructure from
passing wildfires based on applicable models, including
Forest Service fuel models;
(B) may include thinning, fuel reduction, creation
and treatment of shaded fuel breaks, and other
appropriate measures;
(C) shall only be conducted on National Forest
System land--
(i) adjacent to the right-of-way of a
participant; or
(ii) within 75 feet of the right-of-way of
a participant; and
(D) shall not be conducted on--
(i) a component of the National Wilderness
Preservation System;
(ii) a designated wilderness study area; or
(iii) an inventoried roadless area.
(2) Approval.--Each vegetation management project described
in paragraph (1) (including each vegetation management activity
described in subparagraphs (A) through (D) of that paragraph)
shall be subject to approval by the Forest Service in
accordance with this section.
(e) Project Costs.--
(1) In general.--Except as provided in paragraph (2), a
participant in the pilot program shall be responsible for all
costs, as determined by the Secretary, incurred in
participating in the pilot program.
(2) Federal funding.--The Secretary may contribute funds
for a vegetation management project conducted under the pilot
program if the Secretary determines that the contribution is in
the public interest.
(f) Liability.--
(1) In general.--Participation in the pilot program shall
not affect any legal obligations or liability standards that--
(A) arise under the right-of-way for activities in
the right-of-way; or
(B) apply to fires resulting from causes other than
activities conducted pursuant to an approved vegetation
management project conducted under the pilot program.
(2) Project work.--A participant in the pilot program shall
not be liable to the United States for damage proximately
caused by an activity conducted pursuant to an approved
vegetation management project conducted under the pilot
program, unless--
(A) the activity was carried out in a manner that
was grossly negligent or that violated criminal law; or
(B) the damage was caused by the failure of the
participant to comply with specific safety requirements
expressly imposed by the Forest Service as a condition
of participation in the pilot program.
(g) Implementation.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall use the authority of the Secretary under other
laws (including regulations) to carry out the pilot program.
(2) Modification of regulations.--In order to implement the
pilot program in an efficient and expeditious manner, the
Secretary may waive or modify specific provisions of the
Federal Acquisition Regulation, including waivers or
modifications to allow for the formation of contracts or
agreements on a noncompetitive basis.
(h) Treatment of Proceeds.--Notwithstanding any other provision of
law, the Secretary may--
(1) retain any funds provided to the Forest Service by a
participant in the pilot program; and
(2) use funds retained under paragraph (1), in such amounts
as may be appropriated, to carry out the pilot program.
(i) Report to Congress.--Not later than December 31, 2019, and
every 2 years thereafter through December 31, 2027, the Secretary shall
submit a report describing the status of the pilot program and
vegetation management projects conducted under the pilot program to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(3) the Committee on Natural Resources of the House of
Representatives; and
(4) the Committee on Agriculture of the House of
Representatives.
(j) Duration.--The authority to carry out the pilot program,
including any vegetation management project conducted under the pilot
program, expires on December 31, 2027. | National Forest System Vegetation Management Pilot Program Act of 2017 This bill directs the Department of Agriculture (USDA) to establish a limited, voluntary pilot program under which owners and operators of rights-of-way on National Forest System (NFS) land may conduct vegetation management projects on NFS land adjacent to or near those rights-of-way to better protect utility infrastructure from potential passing wildfires. USDA shall give priority to an owner or operator of a right-of-way that has worked with Forest Service fire scientists and used technologies to improve utility infrastructure protection prescriptions. Vegetation management projects shall involve only limited and selective vegetation management activities that: create the least amount of disturbance necessary to protect utility infrastructure from passing wildfires; may include thinning, fuel reduction, creation, and treatment of shaded fuel breaks; are conducted only on NFS land adjacent to the participant's right-of-way or within 75 feet of it; and are not conducted on a component of the National Wilderness Preservation System, a designated wilderness area, or an inventoried roadless area. Each vegetation management project, including each of those activities selected, shall be subject to approval by the Forest Service. | {"src": "billsum_train", "title": "National Forest System Vegetation Management Pilot Program Act of 2017"} | 1,458 | 251 | 0.642107 | 1.675385 | 0.924764 | 4.580786 | 5.877729 | 0.912664 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infant Crib Safety Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The disability and death of infants resulting from
injuries sustained in crib incidents are a serious threat to
the public health, welfare, and safety of people of this
country.
(2) The design and construction of a baby crib must ensure
that it is safe to leave an infant unattended for extended
periods of time. A parent or caregiver has a right to believe
that the crib in use is a safe place to leave an infant.
(3) Each year more than 11,500 children age 2 and under are
injured in cribs seriously enough to require hospital
treatment.
(4) Each year at least 26 children age 4 and under die from
injuries sustained in cribs.
(5) The United States Consumer Product Safety Commission
estimates that the cost to society resulting from deaths due to
cribs is at least $150,000,000 per year.
(6) Secondhand, hand-me-down, and heirloom cribs pose a
special problem. There are nearly 4 million infants born in
this country each year, but only one to two million new cribs
sold. Many infants are placed in secondhand, hand-me-down, or
heirloom cribs.
(7) Most crib deaths occur in secondhand, hand-me-down, or
heirloom cribs.
(8) Existing State and Federal legislation is inadequate to
deal with the hazard presented by secondhand, hand-me-down, or
heirloom cribs.
(9) Prohibiting contracting to sell, resell, lease, or
sublease unsafe cribs that are not new, or otherwise placing in
the stream of commerce unsafe secondhand, hand-me-down, or
heirloom cribs, will prevent injuries and deaths caused by
cribs.
(b) Purpose.--The purpose of this Act is to prevent the occurrence
of injuries and deaths to infants as a result of unsafe cribs by making
it illegal--
(1) to manufacture, sell, or contract to sell any crib that
is unsafe for any infant using it; or
(2) to resell, lease, sublet, or otherwise place in the
stream of commerce, after the effective date of this Act, any
unsafe crib, particularly any unsafe secondhand, hand-me-down,
or heirloom crib.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Commercial user.--
(A) In general.--The term ``commercial user'' means
any person--
(i) who manufactures, sells, or contracts
to sell full-size cribs or nonfull-size cribs;
or
(ii) who--
(I) deals in full-size or nonfull-
size cribs that are not new or who
otherwise by one's occupation holds
oneself out as having knowledge or
skill peculiar to full-size cribs or
nonfull-size cribs, including child
care facilities and family child care
homes; or
(II) is in the business of
contracting to sell or resell, lease,
sublet, or otherwise placing in the
stream of commerce full-size cribs or
nonfull-size cribs that are not new.
(B) Exception.--The term does not include an
individual who sells a used crib at a one-time private
sale.
(2) Crib.--The term ``crib'' means a full-size crib or
nonfull-size crib.
(3) Full-size crib.--The term ``full-size crib'' means a
full-size baby crib as defined in section 1508.1 of title 16,
Code of Federal Regulations.
(4) Infant.--The term ``infant'' means any person less than
35 inches tall or less than 2 years of age.
(5) Nonfull-size crib.--The term ``nonfull-size crib''
means a nonfull-size baby crib as defined in section 1509.2(b)
of title 16, Code of Federal Regulations (including a portable
crib and a crib-pen described in paragraph (2) of subsection
(b) of that section).
SEC. 4. REQUIREMENTS FOR CRIBS.
(a) Manufacture and Sale of Cribs.--It shall be unlawful for any
commercial user--
(1) to manufacture, sell, or contract to sell any full-size
crib or nonfull-size crib that is unsafe for any infant using
it; or
(2) to sell, contract to sell or resell, lease, sublet, or
otherwise place in the stream of commerce any full-size or
nonfull-size crib that is not new and that is unsafe for any
infant using it.
(b) Provision of Cribs by Lodging Facilities.--It shall be unlawful
for any hotel, motel, or similar transient lodging facility to offer or
provide for use or otherwise place in the stream of commerce, on or
after the effective date of this Act, any full-size crib or nonfull-
size crib that is unsafe for any infant using it.
(c) Adherence to Crib Safety Standards.--A full-size crib, nonfull-
size crib, portable crib, playpen, or play yard shall be presumed to be
unsafe under this section if it does not conform to the standards
applicable to such product as follows:
(1) Part 1508 (commencing with section 1508.1) of title 16,
Code of Federal Regulations (requirements for full-size baby
cribs).
(2) Part 1509 (commencing with section 1509.1) of title 16,
Code of Federal Regulations (requirements for nonfull-size baby
cribs).
(3) American Society for Testing Materials F406 Consumer
Safety Specification for Play Yards.
(4) American Society for Testing Materials F1169 Consumer
Safety Specification for Full-Size Cribs.
(5) American Society for Testing Materials F1822 Consumer
Safety Specification for Non-Full-Size Cribs.
(6) American Society for Testing Materials F966 Consumer
Safety Specification for Full-Size and Non-Full-Size Baby Crib
Corner Post Extensions.
(7) Part 1303 (commencing with section 1303.1) of title 16,
Code of Federal Regulations.
(8) Any amendments to the regulations or standards
specified in paragraphs (1) through (7), or any other
regulations or standards that are adopted in order to amend or
supplement the regulations or standards specified in such
paragraphs.
(d) Exception.--This section shall not apply to a full-size crib or
nonfull-size crib that is not intended for use by an infant, including
a toy or display item, if at the time it is manufactured, made subject
to a contract to sell or resell, leased, sublet, or otherwise placed in
the stream of commerce, as applicable, it is accompanied by a notice to
be furnished by each commercial user declaring that the crib is not
intended to be used for an infant and is dangerous to use for an
infant.
(e) Enforcement.--(1) The Consumer Product Safety Commission shall
have the power to enforce the provisions of this section as if such
provisions were a consumer product safety standard promulgated by the
Commission under the Consumer Product Safety Act (15 U.S.C. 2051 et
seq.).
(2) A violation of this section shall be considered a prohibited
act within the meaning of section 19 of the Consumer Product Safety Act
(15 U.S.C. 2068), and shall be subject to the penalties and remedies
available for prohibited acts under the Consumer Product Safety Act.
SEC. 5. EFFECTIVE DATE.
This Act shall become effective 90 days after the date of the
enactment of this Act. | Infant Crib Safety Act - Makes it unlawful for any commercial user to: (1) manufacture, sell, or contract to sell any full-size or nonfull-size crib which is unsafe for any infant; or (2) sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce any such crib which is not new and is unsafe for any infant. Makes it unlawful for any lodging facility to offer or provide such an unsafe crib. Presumes as unsafe a crib which does not conform to specified standards in the Code of Federal Regulations and the American Society for Testing Materials Voluntary Standards, unless labeled as dangerous for an infant and not intended to be used for one.
Grants the Consumer Product Safety Commission (CPSC) enforcement powers as if this Act were a consumer product safety standard promulgated by it under the Consumer Product Safety Act.
Declares a violation of this Act shall be considered a prohibited act within the meaning of the CPSA, and subject to its penalties and remedies. | {"src": "billsum_train", "title": "A bill to provide for infant crib safety, and for other purposes."} | 1,711 | 226 | 0.592731 | 1.843437 | 0.909228 | 4.678392 | 7.874372 | 0.929648 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haiti Economic and Infrastructure
Reconstruction Act''.
SEC. 2. ECONOMIC AND INFRASTRUCTURE RECONSTRUCTION PROGRAM FOR THE
REPUBLIC OF HAITI.
(a) Program Authorized.--The President is authorized to establish
an economic and infrastructure reconstruction program for the Republic
of Haiti, to be known as the ``Haiti Economic and Infrastructure
Reconstruction Program'' (in this section referred to as the
``Reconstruction Program''), under which individuals who are recruited
into the Program will be deployed to Haiti to provide assistance to the
Government of Haiti related to economic and infrastructure
reconstruction and development.
(b) Appointment.--If the President establishes the Reconstruction
Program under subsection (a), the President shall appoint an officer or
employee of the Bureau for Latin America and the Caribbean of the
United States Agency for International Development to serve as the
Director of the Reconstruction Program. The Director shall possess
expertise with respect to--
(1) Haiti; or
(2) economic, educational, judicial, law enforcement,
healthcare, or infrastructure reconstruction and recovery
efforts in developing countries.
(c) Coordination.--The Director shall coordinate with appropriate
officials from the Government of Haiti to identify ministries and
agencies of the Government of Haiti that require assistance concerning
the reconstruction and development in Haiti with respect to--
(1) the economy, including a special emphasis on the
development of private and public domestic and foreign business
investment;
(2) the educational system, including a special emphasis on
the development of school facilities, teacher training
programs, and administration management programs;
(3) the judiciary and the rule of law;
(4) the healthcare system; and
(5) the infrastructure.
(d) Recruitment of Individuals for Participation in the
Reconstruction Program.--
(1) Required qualifications.--The Director shall recruit
individuals who are citizens of the United States and who
possess--
(A) at minimum, a four-year college or university
degree awarded from an accredited college or university
located in the United States; or
(B) such skills or expertise as the Director
determines to be relevant or appropriate to carry out
the Reconstruction Program.
(2) Haitian-americans.--To the maximum extent practicable,
the Director shall recruit Haitian-Americans.
(e) Use of Funds.--The Director shall use funds appropriated for
the Reconstruction Program to--
(1) cover the costs of housing, in such amounts as the
Director determines to be appropriate, for individuals who are
deployed to Haiti to carry out the Reconstruction Program; and
(2) pay such individuals a salary, in such amounts as the
Director determines to be appropriate, taking into
consideration the expertise of an individual and the position
in the Reconstruction Program held by such individual.
(f) Length of Deployment in Haiti.--
(1) One year.--Individuals recruited under subsection (d)
may be deployed to Haiti under the Reconstruction Program for
no longer than one year.
(2) Exception.--If the Director determines that an extended
period of deployment for any individual is appropriate, and
such individual consents to such extension, the Director may
extend the deployment of such individual for no longer than two
additional years.
(g) Reports.--
(1) First interim report.--Not later than six months after
the date of the enactment of this Act, the President shall
submit to Congress a first interim report regarding the
Reconstruction Program.
(2) Second interim report.--Not later than 12 months after
the date of the enactment of this Act, the President shall
submit to Congress a second interim report regarding the
Reconstruction Program.
(3) Final report.--Not later than 18 months after the date
of the enactment of this Act, the President shall submit to
Congress a final report regarding the Reconstruction Program.
(4) Contents.--The interim and final reports shall include
information relating to the following:
(A) A description and explanation of the process of
recruitment of individuals for participation in the
Reconstruction Program, including a description and
explanation of--
(i) the selection criteria used; and
(ii) any incentives offered and the cost of
such incentives.
(B) The number of individuals recruited and the
ministry or agency and the locality in which each
individual is placed.
(C) The potential for expansion of the
Reconstruction Program.
(h) Infrastructure Defined.--In this section, the term
``infrastructure'' means a road, highway, bridge, tunnel, airport, mass
transportation vehicle or system, intermodal transportation facility,
waterway, commercial port, drinking or waste water treatment facility,
solid waste disposal facility, pollution control system, and gas,
electricity, and oil utilities.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the President to carry out this section such sums as
may be necessary for each of the fiscal years 2006 through 2011. It is
the sense of Congress that at least $3,000,000 should be made available
for each of those fiscal years to carry out this section.
SEC. 3. HEALTHCARE ASSISTANCE PROGRAM FOR HAITI.
(a) Healthcare Program Authorized.--The President is authorized to
establish a healthcare assistance program for Haiti, to be known as the
``Haiti Healthcare Assistance Program'' (in this section referred to as
the ``Healthcare Program''), under which grants may be made to
qualified nongovernmental organizations to establish programs in Haiti
related to the prevention of infectious diseases in Haiti.
(b) Coordination.--If the President establishes the Healthcare
Program under subsection (a), the President shall seek to work with
appropriate officials from the Government of Haiti and with appropriate
individuals from international financial institutions, civil society,
nongovernmental organizations, and international organizations to work
in coordination and cooperation with qualified nongovernmental
organizations.
(c) Use of Grant Funds.--A qualified nongovernmental organization
that receives a grant through this section shall use the grant to
promulgate a comprehensive and integrated strategy to combat and
control infectious diseases in Haiti through the establishment of a
comprehensive healthcare infrastructure in Haiti that focuses on
education, prevention, care, treatment, support, capacity development,
and other related activities.
(d) Satisfaction of Criteria to Be Considered a Qualified
Nongovernmental Organization.--The Administrator of the United States
Agency for International Development shall promulgate criteria that
shall be satisfied by a nongovernmental organization in order for such
organization to be considered a qualified nongovernmental organization
for purposes of this section.
(e) Healthcare Infrastructure Defined.--In this section, the term
``healthcare infrastructure'' means an inpatient or outpatient
hospital, clinic, or medical facility and medical programs, including
programs for hiring physicians, nurses, or other medical personnel and
programs for acquiring transportation and communications systems for
medical purposes.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the President to carry out this section such sums as
may be necessary for each of the fiscal years 2006 through 2011. It is
the sense of Congress that at least $3,000,000 should be made available
for each of those fiscal years to carry out this section. | Haiti Economic and Infrastructure Reconstruction Act - Authorizes the President to establish the Haiti Economic and Infrastructure Reconstruction Program under which recruited U.S. citizens will be deployed to Haiti to provide economic and infrastructure reconstruction and development assistance to the Government of Haiti. Requires: (1) the President to appoint an officer or employee of the Bureau for Latin America and the Caribbean of the United States Agency for International Development (USAID) to serve as the Director of the Reconstruction Program; and (2) the Director to have expertise with Haiti, or with economic, educational, judicial, law enforcement, healthcare, or infrastructure reconstruction efforts in developing countries.
Sets forth program provisions, including: (1) maximum recruitment of Haitian-Americans; and (2) maximum one-year deployment, with a maximum two-year additional stay.
Authorizes the President to establish the Haiti Healthcare Assistance Program under which grants may be made to qualified nongovernmental organizations to establish infectious disease prevention programs in Haiti. | {"src": "billsum_train", "title": "To authorize the establishment of a program to provide economic and infrastructure reconstruction assistance to the Republic of Haiti, and for other purposes."} | 1,556 | 202 | 0.71827 | 1.944272 | 0.984007 | 3.989305 | 7.721925 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ephedrine Alkaloids Regulation Act
of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The United States faces increasing danger related to
methamphetamine trafficking, production, and abuse.
(2) Methamphetamine is a highly addictive drug that can be
readily made from products and precursors purchased from retail
stores. Step-by-step recipes can easily be found on the
Internet, which is a factor in the dramatic increase in the
number of clandestine labs in recent years.
(3) Methamphetamine-producing clandestine laboratories have
been identified by the Drug Enforcement Administration as a
significant threat to the Nation's public health and safety.
The manufacture of methamphetamine produces highly toxic and
unstable chemicals that threaten the well-being of first
responders, law enforcement officers, and the community at-
large.
(4) Methamphetamine production, once exclusively found in
West Coast States, has rapidly moved eastward to the Midwest.
Production can now be found on the East Coast, in the States of
New York and Florida.
(5) Methamphetamine abuse is indiscriminate of age,
socioeconomic level, or race.
(6) Pseudoephedrine is a necessary precursor chemical in
the production of methamphetamine, which prompted the Drug
Enforcement Administration to initiate investigations regarding
the chemical's sale and distribution.
(7) Efforts to reduce access to pseudoephedrine by
methamphetamine producers, such as blister packaging and sales
thresholds, have not been effective deterrents, and
pseudoephedrine tablets remain pervasive in the illicit
production of methamphetamine.
(8) Pseudoephedrine in liquid gel and liquid forms have not
been found to be used in methamphetamine production.
(9) As States and communities attempt to combat and control
methamphetamine through restricting the sale of pseudoephedrine
products, it is incumbent upon the Congress to develop a
uniform standard for the distribution of pseudoephedrine in
tablet form.
SEC. 2. CONTROLLED SUBSTANCES; ADDITION OF EPHEDRINE ALKALOIDS AND
PHENYLPROPANOLAMINE TO SCHEDULE V.
(a) In General.--Effective upon the expiration of 30 days after the
date of the enactment of this Act, ephedrine alkaloids (including
ephedrine and pseudoephedrine) and phenylpropanolamine, and their
salts, optical isomers, and salts of optical isomers, whether alone or
in combination with other substances, shall be considered to be listed
in schedule V of the schedules of controlled substances established
under section 202(c) of the Controlled Substances Act, subject to
subsection (b) and subject to the authority of the Attorney General
under such Act to designate substances as controlled substances or
listed chemicals. The Attorney General shall amend part 1308 of title
21, Code of Federal Regulations, accordingly.
(b) Certain Forms of Pseudoephedrine and Phenylpropanolamine.--
Subject to the authority of the Attorney General under the Controlled
Substances Act to designate substances as controlled substances or
listed chemicals--
(1) subsection (a) does not apply to pseudoephedrine or
phenylpropanolamine when contained in a drug that is in liquid
or gel form and is marketed or distributed lawfully in the
United States under the Federal Food, Drug, and Cosmetic Act;
and
(2) pseudoephedrine or phenylpropanolamine when so
contained shall be considered a listed chemical.
SEC. 3. REGULATION OF TRANSACTIONS INVOLVING LISTED CHEMICALS;
EXEMPTION FOR CERTAIN DOSAGE FORMS AND QUANTITIES OF
PSEUDOEPHEDRINE OR PHENYLPROPANOLAMINE.
(a) Definition of Regulated Transaction.--Section 102(39)(A)(iv) of
the Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)) is amended--
(1) in the matter preceding subclause (I), by striking
``unless--'' and inserting ``unless, subject to clause (v)--'';
and
(2) in subclause (II)--
(A) by inserting ``in liquid or gel form'' after
``containing pseudoephedrine or phenylpropanolamine
products''; and
(B) by striking ``shall be 9 grams of
pseudoephedrine or 9 grams of phenylpropanolamine'' and
inserting ``shall be any quantity in excess of 9.0
grams of pseudoephedrine or 9.0 grams of
phenylpropanolamine''.
(b) Definition of Ordinary Over-the-Counter Pseudoephedrine or
Phenylpropanolamine Product.--Section 102 of the Controlled Substances
Act (21 U.S.C. 802) is amended--
(1) in paragraph (39)(A)(iv)(I)(aa), by striking ``, except
that'' and all that follows through ``1996)''; and
(2)(A) by striking paragraph (45); and
(B) by redesignating paragraph (46) as paragraph (45).
(c) Chemical Mixtures not Easily Used in Illicit Production.--
Section 102(39)(A)(v) of the Controlled Substances Act (21 U.S.C.
802(39)(A)(v)) is amended by inserting after ``chemical mixture'' the
following: ``(including a mixture that may be marketed or distributed
lawfully in the United States under the Federal Food, Drug, and
Cosmetic Act)''. | Ephedrine Alkaloids Regulation Act of 2005 - Requires ephedrine alkaloids (including ephedrine and pseudoephedrine) and phenylpropanolamine to be listed in schedule V of the Controlled Substances Act (CSA) (drugs or other substances that have a low potential for abuse and that have a currently accepted medical use in treatment in the United States, abuse of which may lead to limited physical or psychological dependence). Excepts pseudoephedrine and phenylpropanolamine when contained in a drug that is in liquid or gel form marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act (FDCA), which shall be considered a listed chemical. Makes such requirement and exception subject to the Attorney General's authority to designate substances as controlled or listed chemicals.
Amends CSA to revise the definition of "regulated transaction" to: (1) provide that the threshold for any distributor sale of products containing pseudoephedrine products in liquid or gel form, or containing phenylpropanolamine products, shall be nine grams of pseudoephedrine or phenylpropanolamine; and (2) specify as a "chemical mixture" a transaction in which is excluded from such definition a mixture that may be marketed or distributed lawfully in the United States under FDCA. | {"src": "billsum_train", "title": "To amend the Controlled Substances Act with respect to the regulation of ephedrine alkaloids, including ephedrine and pseudoephedrine, and for other purposes."} | 1,388 | 321 | 0.54825 | 1.675466 | 0.625872 | 3.493333 | 4.391111 | 0.835556 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may cited as the ``Protecting and
Preserving Social Security Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--COST-OF-LIVING INCREASES
Sec. 101. Consumer Price Index for Elderly Consumers.
Sec. 102. Computation of cost-of-living increases.
TITLE II--CONTRIBUTION AND BENEFIT FAIRNESS
Sec. 201. Determination of wages and self-employment income above
contribution and benefit base after 2015.
Sec. 202. Inclusion of surplus earnings in Social Security benefit
formula.
TITLE I--COST-OF-LIVING INCREASES
SEC. 101. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS.
(a) In General.--The Bureau of Labor Statistics of the Department
of Labor shall prepare and publish an index for each calendar month to
be known as the ``Consumer Price Index for Elderly Consumers'' that
indicates changes over time in expenditures for consumption which are
typical for individuals in the United States who are 62 years of age or
older.
(b) Effective Date.--Subsection (a) shall apply with respect to
calendar months ending on or after July 31 of the calendar year
following the calendar year in which this Act is enacted.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the provisions of
this section.
SEC. 102. COMPUTATION OF COST-OF-LIVING INCREASES.
(a) In General.--Section 215(i) of the Social Security Act (42
U.S.C. 415(i)) is amended--
(1) in paragraph (1)(G), by inserting before the period the
following: ``, and, solely with respect to any monthly
insurance benefit payable under this title to an individual who
has attained age 62, effective for adjustments under this
subsection to the primary insurance amount on which such
benefit is based (or to any such benefit under section 227 or
228) occurring after such individual attains such age, the
applicable Consumer Price Index shall be deemed to be the
Consumer Price Index for Elderly Consumers and such primary
insurance amount shall be deemed adjusted under this subsection
using such Index''; and
(2) in paragraph (4), by striking ``and by section 9001''
and inserting ``, by section 9001'', and by inserting after
``1986,'' the following: ``and by section 102 of the Protecting
and Preserving Social Security Act,''.
(b) Conforming Amendments in Applicable Former Law.--Section
215(i)(1)(C) of such Act, as in effect in December 1978 and applied in
certain cases under the provisions of such Act in effect after December
1978, is amended by inserting before the period the following: ``, and,
solely with respect to any monthly insurance benefit payable under this
title to an individual who has attained age 62, effective for
adjustments under this subsection to the primary insurance amount on
which such benefit is based (or to any such benefit under section 227
or 228) occurring after such individual attains such age, the
applicable Consumer Price Index shall be deemed to be the Consumer
Price Index for Elderly Consumers and such primary insurance amount
shall be deemed adjusted under this subsection using such Index''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to determinations made with respect to cost-of-living computation
quarters (as defined in section 215(i)(1)(B) of the Social Security Act
(42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second
calendar year following the calendar year in which this Act is enacted.
TITLE II--CONTRIBUTION AND BENEFIT FAIRNESS
SEC. 201. DETERMINATION OF WAGES AND SELF-EMPLOYMENT INCOME ABOVE
CONTRIBUTION AND BENEFIT BASE AFTER 2015.
(a) Determination of Wages Above Contribution and Benefit Base
After 2015.--
(1) Amendments to the internal revenue code of 1986.--
Section 3121 of the Internal Revenue Code of 1986 is amended--
(A) in subsection (a)(1), by inserting ``the
applicable percentage (determined under subsection
(c)(1)) of'' before ``that part of the remuneration'';
and
(B) in subsection (c), by striking ``(c) Included
and Excluded Service.--For purposes of this chapter,
if'' and inserting the following:
``(c) Special Rules for Wages and Employment.--
``(1) Applicable percentage of remuneration in determining
wages.--For purposes of paragraph (1) of subsection (a), the
applicable percentage for a calendar year, in connection with
any calendar year referred to in such subparagraph, shall be
the percentage determined in accordance with the following
table:
The applicable
``In the case of: percentage is:
Calendar year 2016................................. 86%
Calendar year 2017................................. 71%
Calendar year 2018................................. 57%
Calendar year 2019................................. 43%
Calendar year 2020................................. 29%
Calendar year 2021................................. 14%
Calendar years after 2021.......................... 0%.
``(2) Included and excluded service.--For purposes of this
chapter, if''.
(2) Amendments to the social security act.--Section 209 of
the Social Security Act (42 U.S.C. 409) is amended--
(A) in subsection (a)(1)(I)--
(i) by inserting ``and before 2016'' after
``1974''; and
(ii) by inserting ``and'' after the
semicolon;
(B) in subsection (a)(1), by adding at the end the
following new subparagraph:
``(J) The applicable percentage (determined under
subsection (l)) of that part of remuneration which,
after remuneration (other than remuneration referred to
in the succeeding subsections of this section) equal to
the contribution and benefit base (determined under
section 230) with respect to employment has been paid
to an individual during any calendar year after 2015
with respect to which such contribution and benefit
base is effective, is paid to such individual during
such calendar year;''; and
(C) by adding at the end the following new
subsection:
``(l) For purposes of subparagraph (J) of subsection (a)(1), the
applicable percentage for a calendar year, in connection with any
calendar year referred to in such subparagraph, shall be the percentage
determined in accordance with the following table:
The applicable
``In the case of: percentage is:
Calendar year 2016................................. 86%
Calendar year 2017................................. 71%
Calendar year 2018................................. 57%
Calendar year 2019................................. 43%
Calendar year 2020................................. 29%
Calendar year 2021................................. 14%
Calendar years after 2021.......................... 0%.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to remuneration paid in calendar years
after 2015.
(b) Determination of Self-Employment Income Above Contribution and
Benefit Base After 2015.--
(1) Amendments to the internal revenue code of 1986.--
Section 1402 of the Internal Revenue Code of 1986 is amended--
(A) in subsection (b)(1), by inserting ``an amount
equal to the applicable percentage (as determined under
subsection (d)(2)) of'' before ``that part of the net
earnings from self-employment''; and
(B) in subsection (d)--
(i) by striking ``(d) Employee and Wages.--
The term'' and inserting the following:
``(d) Rules and Definitions.--
``(1) Employee and wages.--The term''; and
(ii) by adding at the end the following:
``(2) Applicable percentage of net earnings from self-
employment in determining self-employment income.--For purposes
of paragraph (1) of subsection (b), the applicable percentage
for a taxable year beginning in any calendar year referred to
in such paragraph shall be the percentage determined in
accordance with the following table:
The applicable
``In the case of: percentage is:
Calendar year 2016................................. 86%
Calendar year 2017................................. 71%
Calendar year 2018................................. 57%
Calendar year 2019................................. 43%
Calendar year 2020................................. 29%
Calendar year 2021................................. 14%
Calendar years after 2021.......................... 0%.''.
(2) Amendments to the social security act.--Section 211 of
the Social Security Act (42 U.S.C. 411) is amended--
(A) in subsection (b)(1)(I)--
(i) by striking ``or'' after the semicolon;
and
(ii) by inserting ``and before 2016'' after
``1974'';
(B) in subsection (b)--
(i) by redesignating paragraph (2) as
paragraph (3); and
(ii) by inserting after paragraph (1) the
following:
``(2) For any taxable year beginning in any calendar year
after 2015, an amount equal to the applicable percentage (as
determined under subsection (l)) of that part of net earnings
from self-employment which is in excess of (A) an amount equal
to the contribution and benefit base (determined under section
230) that is effective for such calendar year, minus (B) the
amount of the wages paid to such individual during such taxable
year; or''; and
(C) by adding at the end the following:
``(l) For purposes of paragraph (2) of subsection (b), the
applicable percentage for a taxable year beginning in any calendar year
referred to in such paragraph, shall be the percentage determined in
accordance with the following table:
The applicable
``In the case of: percentage is:
Calendar year 2016................................. 86%
Calendar year 2017................................. 71%
Calendar year 2018................................. 57%
Calendar year 2019................................. 43%
Calendar year 2020................................. 29%
Calendar year 2021................................. 14%
Calendar years after 2021.......................... 0%.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to taxable years beginning during or
after calendar year 2016.
SEC. 202. INCLUSION OF SURPLUS EARNINGS IN SOCIAL SECURITY BENEFIT
FORMULA.
(a) Inclusion of Surplus Average Indexed Monthly Earnings in
Determination of Primary Insurance Amounts.--
(1) In general.--Section 215(a)(1)(A) of the Social
Security Act (42 U.S.C. 415(a)(1)(A)) is amended--
(A) in clauses (i), (ii), and (iii), by inserting
``basic'' before ``average indexed monthly earnings''
each place it appears;
(B) in clause (ii), by striking ``and'' at the end;
and
(C) by inserting after clause (iii) the following
new clauses:
``(iv) 3 percent of the individual's surplus average
indexed monthly earnings to the extent such surplus average
indexed monthly earnings do not exceed the excess of the amount
established for purposes of this clause by subparagraph (B)
over \1/12\ of the contribution and benefit base for the last
of such individual's computation base years, and
``(v) 0.25 percent of the sum of the individual's surplus
average indexed monthly earnings plus \1/12\ of the
contribution and benefit base for the last of such individual's
computation base years, to the extent such sum exceeds the
amount established for purposes of clause (iv) by subparagraph
(B).''.
(2) Bend point for surplus earnings.--Section 215(a)(1)(B)
of such Act (42 U.S.C. 415(a)(1)(B)) is amended--
(A) in clause (ii), by striking ``the amounts so
established'' and inserting ``the amounts established
for purposes of clauses (i) and (ii) of subparagraph
(A)'';
(B) by redesignating clause (iii) as clause (v);
(C) in clause (v) (as redesignated), by inserting
``or (iv)'' after ``clause (ii)''; and
(D) by inserting after clause (ii) the following
new clauses:
``(iii) For individuals who initially become eligible for old-age
or disability insurance benefits, or who die (before becoming eligible
for such benefits), in the calendar year 2016, the amount established
for purposes of clause (iv) of subparagraph (A) shall be $11,358.
``(iv) For individuals who initially become eligible for old-age or
disability insurance benefits, or who die (before becoming eligible for
such benefits), in any calendar year after 2016, the amount established
for purposes of clause (iv) of subparagraph (A) shall equal the product
of the amount established with respect to the calendar year 2016 under
clause (iii) of this subparagraph and the quotient obtained by
dividing--
``(I) the national average wage index (as defined in
section 209(k)(1)) for the second calendar year preceding the
calendar year for which the determination is made, by
``(II) the national average wage index (as so defined) for
2014.''.
(b) Basic AIME and Surplus AIME.--
(1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C.
415(b)(1)) is amended--
(A) by inserting ``basic'' before ``average''; and
(B) in subparagraph (A), by striking ``paragraph
(3)'' and inserting ``paragraph (3)(A)'' and by
inserting before the comma the following: ``to the
extent such total does not exceed the contribution and
benefit base for the applicable year''.
(2) Surplus aime.--
(A) In general.--Section 215(b)(1) of such Act (as
amended by paragraph (1)) is amended--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(ii) by inserting ``(A)'' after ``(b)(1)'';
and
(iii) by adding at the end the following
new subparagraph:
``(B)(i) An individual's surplus average indexed monthly earnings
shall be equal to the quotient obtained by dividing--
``(I) the total (after adjustment under paragraph (3)(B))
of such individual's surplus earnings (determined under clause
(ii)) for such individual's benefit computation years
(determined under paragraph (2)), by
``(II) the number of months in those years.
``(ii) For purposes of clause (i) and paragraph (3)(B), an
individual's surplus earnings for a benefit computation year are the
total of such individual's wages paid in and self-employment income
credited to such benefit computation year, to the extent such total
(before adjustment under paragraph (3)(B)) exceeds the contribution and
benefit base for such year.''.
(B) Conforming amendment.--The heading for section
215(b) of such Act is amended by striking ``Average
Indexed Monthly Earnings'' and inserting ``Basic
Average Indexed Monthly Earnings; Surplus Average
Indexed Monthly Earnings''.
(3) Adjustment of surplus earnings for purposes of
determining surplus aime.--Section 215(b)(3) of such Act (42
U.S.C. 415(b)(3)) is amended--
(A) in subparagraph (A), by striking ``subparagraph
(B)'' and inserting ``subparagraph (C)'' and by
inserting ``and determination of basic average indexed
monthly income'' after ``paragraph (2)'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) For purposes of determining under paragraph (1)(B) an
individual's surplus average indexed monthly earnings, the individual's
surplus earnings (described in paragraph (2)(B)(ii)) for a benefit
computation year shall be deemed to be equal to the product of--
``(i) the individual's surplus earnings for such year (as
determined without regard to this subparagraph), and
``(ii) the quotient described in subparagraph (A)(ii).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to individuals who initially become eligible (within
the meaning of section 215(a)(3)(B) of the Social Security Act) for
old-age or disability insurance benefits under title II of the Social
Security Act, or who die (before becoming eligible for such benefits),
in any calendar year after 2015. | Protecting and Preserving Social Security Act Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish for each calendar month a Consumer Price Index for Elderly Consumers (CPI-EC) that indicates changes over time in consumption expenditures typical for individuals in the United States age 62 or older. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSAct) to make the CPI-EC the applicable Consumer Price Index for computation of cost-of-living increases in OASDI benefits for such individuals. Amends the Internal Revenue Code to prescribe special rules for the determination of wages and self-employment income above the contribution and benefit base after 2015. Amends SSAct title II to include surplus average indexed monthly earnings in the determination of primary OASDI amounts. | {"src": "billsum_train", "title": "Protecting and Preserving Social Security Act"} | 3,944 | 187 | 0.580148 | 1.581153 | 0.82586 | 3.683871 | 22.187097 | 0.883871 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Explosives Control Act of 1994''.
SEC. 2. PROHIBITION AGAINST THE RECEIPT OF EXPLOSIVE MATERIALS WITHOUT
A FEDERAL PERMIT.
Section 842 of title 18, United States Code, is amended--
(1) by amending subsection (a)(3)(A) to read as follows:
``(A) to transport, ship, or cause to be
transported in interstate or foreign commerce any
explosive materials, or to receive in interstate or
foreign commerce any explosive materials (other than
black powder or smokeless powder, in amounts less than
50 pounds); or''; and
(2) in subsection (b)--
(A) by adding ``or'' at the end of paragraph (1);
(B) by striking ``; or'' in paragraph (2) and
inserting a period;
(C) by striking paragraph (3); and
(D) by adding at the end the following new
sentence:
``The preceding sentence shall not apply to the distribution of black
powder or smokeless powder in amounts of less than 50 pounds.''.
SEC. 3. FEDERAL EXPLOSIVES LICENSEE REQUIRED TO CONDUCT CRIMINAL
BACKGROUND CHECK BEFORE TRANSFER OF EXPLOSIVE MATERIALS
TO NON-LICENSEE.
(a) In General.--Section 842 of title 18, United States Code, is
amended by adding at the end the following:
``(l)(1) Beginning on the date that is 90 days after the date of
enactment of this subsection and ending on the day before the date that
is 60 months after November 30, 1993, it shall be unlawful for any
licensee to sell, deliver, or transfer explosive materials to an
individual who is not a licensee, unless--
``(A) after the most recent proposal of such transfer by
the transferee--
``(i) the transferor has--
``(I) received from the transferee a
statement of the transferee containing the
information described in paragraph (3);
``(II) verified the identity of the
transferee by examining the identification
document presented;
``(III) within 1 day after the transferee
furnishes the statement, provided notice of the
contents of the statement to the chief law
enforcement officer of the place of residence
of the transferee; and
``(IV) within 1 day after the transferee
furnishes the statement, transmitted a copy of
the statement to the chief law enforcement
officer of the place of residence of the
transferee; and
``(ii)(I) 5 business days (meaning days on which
State offices are open) have elapsed from the date the
transferor furnished notice of the contents of the
statement to the chief law enforcement officer, during
which period the transferor has not received
information from the chief law enforcement officer that
receipt or possession of the explosive materials by the
transferee would be in violation of Federal, State, or
local law; or
``(II) the transferor has received notice from the
chief law enforcement officer that the officer has no
information indicating that receipt or possession of
the explosive materials by the transferee would violate
Federal, State, or local law;
``(B)(i) the transferee has presented to the transferor a
permit that--
``(I) allows the transferee to possess or acquire
explosive materials; and
``(II) was issued not more than 5 years earlier by
the State in which the transfer is to take place; and
``(ii) the law of the State provides that such a permit is
to be issued only after an authorized government official has
verified that the information available to such official does
not indicate that possession of explosive materials by the
transferee would be in violation of the law;
``(C) the law of the State requires that, before any
licensee completes the transfer of explosive materials to an
individual who is not a licensee, an authorized government
official verify that the information available to such official
does not indicate that possession of explosive materials by the
transferee would be in violation of law;
``(D) the Secretary has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
``(E) on application of the transferor, the Secretary has
certified that compliance with subparagraph (A)(i)(III) is
impracticable because--
``(i) the ratio of the number of law enforcement
officers of the State in which the transfer is to occur
to the number of square miles of land area of the State
does not exceed 0.0025;
``(ii) the business premises of the transferor at
which the transfer is to occur are extremely remote in
relation to the chief law enforcement officer; and
``(iii) there is an absence of telecommunications
facilities in the geographical area in which the
business premises are located.
``(2) A chief law enforcement officer to whom a transferor has
provided notice pursuant to paragraph (1)(A)(i)(III) shall make a
reasonable effort to ascertain within 5 business days whether receipt
or possession would be in violation of the law, including research in
whatever State and local recordkeeping systems are available and in a
national system designated by the Attorney General.
``(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only--
``(A) the name, address, and date of birth appearing on a
valid identification document (as defined in section
1028(d)(1)) of the transferee containing a photograph of the
transferee and a description of the identification used;
``(B) a statement that transferee--
``(i) is not under indictment for, and has not been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding 1 year;
``(ii) is not a fugitive from justice;
``(iii) is not an unlawful user of or addicted to
any controlled substance (as defined in section 102 of
the Controlled Substances Act);
``(iv) has not been adjudicated as a mental
defective or been committed to a mental institution;
``(v) is not an alien who is illegally or
unlawfully in the United States;
``(vi) has not been discharged from the Armed
Forces under dishonorable conditions; and
``(vii) is not a person who, having been a citizen
of the United States, has renounced such citizenship;
``(C) the date the statement is made; and
``(D) notice that the transferee intends to obtain
explosive materials from the transferor.
``(4) Any transferor of explosive materials who, after such
transfer, receives a report from a chief law enforcement officer
containing information that receipt or possession of the explosive
materials by the transferee violates Federal, State, or local law
shall, within 1 business day after receipt of such request, communicate
all information related to the transfer that the transferor has about
the transfer and the transferee to--
``(A) the chief law enforcement officer of the place of
business of the transferor; and
``(B) the chief law enforcement officer of the place of
residence of the transferee.
``(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection shall not
disclose such information except to the transferee, to law enforcement
authorities, or pursuant to the direction of a court of law.
``(6)(A) Any transferor who sells, delivers, or otherwise transfers
explosive materials to a transferee shall retain the copy of the
statement of the transferee with respect to the explosive materials
transaction, and shall retain evidence that the transferor has complied
with subclauses (III) and (IV) of paragraph (1)(A)(i) with respect to
the statement.
``(B) Unless the chief law enforcement officer to whom a statement
is transmitted under paragraph (1)(A)(i)(IV) determines that a
transaction would violate Federal, State, or local law--
``(i) the officer shall, within 20 business days after the
date the transferee made the statement on the basis of which
the notice was provided, destroy the statement, any record
containing information derived from the statement, and any
record created as a result of the notice required by paragraph
(1)(A)(i)(III);
``(ii) the information contained in the statement shall not
be conveyed to any person except a person who has a need to
know in order to carry out this subsection; and
``(iii) the information contained in the statement shall
not be used for any purpose other than to carry out this
subsection.
``(C) If a chief law enforcement officer determines that an
individual is ineligible to receive explosive materials and the
individual requests the officer to provide the reason for such
determination, the officer shall provide such reasons to the individual
in writing within 20 business days after receipt of the request.
``(7) A chief law enforcement officer or other person responsible
for providing criminal history background information pursuant to this
subsection shall not be liable in an action at law for damages--
``(A) for failure to prevent the sale or transfer of
explosive materials to a person whose receipt or possession of
the explosive materials is unlawful under this section; or
``(B) for preventing such a sale or transfer to a person
who may lawfully receive or possess explosive materials.
``(8) For purposes of this subsection:
``(A) The term `chief law enforcement officer' means the
chief of police, the sheriff, or an equivalent officer or the
designee of any such individual.
``(B) The term `explosive materials' does not include black
powder or smokeless powder in amounts of less than 50 pounds.
``(9) The Secretary shall take necessary actions to ensure that the
provisions of this subsection are published and disseminated to
licensees and the public.
``(m)(1) Beginning on the date that is 30 days after the Attorney
General notifies licensees under section 103(d) of the Brady Handgun
Violence Prevention Act of 1994 that the national instant criminal
background check system is established, a licensee shall not transfer
explosive materials to any other person who is not a licensee, unless--
``(A) before the completion of the transfer, the licensee
contacts the national instant criminal background check system
established under section 103 of that Act;
``(B)(i) the system provides the licensee with a unique
identification number; or
``(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee contacted the
system, and the system has not notified the licensee that the
receipt of explosive materials by such other person would
violate this section; and
``(C) the transferor has verified the identity of such
other person by examining a valid identification document (as
defined in section 1028(d)(1) of this title) of such other
person containing a photograph of such other person.
``(2) If receipt of explosive materials would not violate this
section or State law, the system shall--
``(A) assign a unique identification number to the
transfer;
``(B) provide the licensee with the number; and
``(C) destroy all records of the system with respect to the
call (other than the identifying number and the date the number
was assigned) and all records of the system relating to the
person or the transfer.
``(3) Paragraph (1) shall not apply to explosive materials transfer
between a licensee and another person if--
``(A)(i) such other person has presented to the licensee a
permit that--
``(I) allows such other person to possess or
acquire explosive materials; and
``(II) was issued not more than 5 years earlier by
the State in which the transfer is to take place; and
``(ii) the law of the State provides that such a permit is
to be issued only if not prohibited by other law and only after
an authorized government official has verified that the
information available to such official does not indicate that
possession of explosive materials by such other person would be
in violation of law;
``(B) the Secretary has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
``(C) on application of the transferor, the Secretary has
certified that compliance with paragraph (1)(A) is
impracticable because--
``(i) the ratio of the number of law enforcement
officers of the State in which the transfer is to occur
to the number of square miles of land area of the State
does not exceed 0.0025;
``(ii) the business premises of the licensee at
which the transfer is to occur are extremely remote in
relation to the chief law enforcement officer (as
defined in subsection (l)(8)); and
``(iii) there is an absence of telecommunications
facilities in the geographical area in which the
business premises are located.
``(4) If the national instant criminal background check system
notifies the licensee that the information available to the system does
not demonstrate that the receipt of explosive materials by such other
person would violate this section or State law, and the licensee
transfers explosive materials to such other person, the licensee shall
include in the record of the transfer the unique identification number
provided by the system with respect to the transfer.
``(5) If the licensee knowingly transfers explosive materials to
such other person and knowingly fails to comply with paragraph (1) of
this subsection with respect to the transfer and, at the time such
other person most recently proposed the transfer, the national instant
criminal background check system was operating and information was
available to the system demonstrating that receipt of explosive
materials by such other person would violate this section or State law,
the Secretary may, after notice and opportunity for a hearing, suspend
for not more than 6 months or revoke any license issued to the licensee
under section 843, and may impose on the licensee a civil fine of not
more than $5,000.
``(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal background check
system shall be liable in an action at law for damages--
``(A) for failure to prevent the sale or transfer of
explosive materials to a person whose receipt or possession of
the firearm is unlawful under this section; or
``(B) for preventing such a sale or transfer to a person
who may lawfully receive or possess explosive materials.
``(7) For purposes of this subsection, the term `explosive
materials' does not include black powder or smokeless powder in amounts
of less than 50 pounds.''.
(b) Penalties.--Section 844 of such title is amended--
(1) in subsection (b), by striking ``any other provision of
section 842 of this chapter'' and inserting ``subsection (j) or
(k) of section 842''; and
(2) by adding at the end the following:
``(k) Whoever knowingly violates subsection (l) or (m) of section
842 shall be fined not more than $10,000, imprisoned not more than 10
years, or both. Section 3571 shall not apply in the imposition of any
fine under this subsection.''.
SEC. 4. USE OF NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
The requirements of section 103 of the Brady Handgun Violence
Prevention Act (other than subsection (i) thereof) shall apply to
explosive materials (other than black powder or smokeless powder in
amounts of less than 50 pounds) in the same manner in which such
section applies to firearms, except that, in the case of such explosive
materials--
(1) the system shall provide information on whether receipt
of such explosive materials by a prospective transferee would
violate section 842 of title 18, United States Code, or State
law; and
(2) as used in such section, the term ``licensee'' has the
same meaning given such term by section 841(m) of title 18,
United States Code.
SEC. 5. REMEDY FOR ERRONEOUS DENIAL OF EXPLOSIVE MATERIALS.
(a) In General.--Chapter 40 of title 18, United States Code, is
amended by inserting after section 845 the following new section:
``Sec. 845A. Remedy for erroneous denial of explosive materials
``Any person denied explosive materials pursuant to subsection (l)
or (m) of section 842--
``(1) due to the provision of erroneous information
relating to the person by any State or political subdivision
thereof, or by the national instant criminal background check
system established under section 3 of the Explosives Control
Act of 1994; or
``(2) who was not prohibited from receipt of explosive
materials pursuant to section 842,
may bring an action against the State or political subdivision
responsible for providing the erroneous information, or responsible for
denying the transfer, or against the United States, as the case may be,
for an order directing that the erroneous information be corrected or
that the transfer be approved, as the case may be. In any action under
this section, the court, in its discretion, may allow the prevailing
party a reasonable attorney's fee as part of the costs.''.
(b) Technical Amendment.--The chapter analysis for such chapter is
amended by inserting after the item relating to section 845 the
following new item:
``845A. Remedy for erroneous denial of explosive materials.''.
HR 3912 IH----2 | Explosives Control Act of 1994 - Amends the Federal criminal code to prohibit the receipt in interstate or foreign commerce of explosive materials (other than black powder or smokeless powder in amounts less than 50 pounds) without a Federal permit.
Makes provisions of the Brady Handgun Violence Prevention Act applicable with respect to the transfer of explosive materials (i.e., requiring a Federal explosives licensee to conduct a criminal background check before the transfer of explosive materials to a non-licensee).
Authorizes a person denied explosive materials pursuant to this Act due to the provision of erroneous information relating to the person by any State or political subdivision thereof or by the national instant criminal background check system, or who was not prohibited from receipt of explosive materials under this Act, to bring an action against the State or political subdivision responsible for providing the information or denying the transfer, or against the United States (as the case may be) for an order directing that the erroneous information be corrected or that the transfer be approved. Grants the court discretion to allow the prevailing party a reasonable attorney's fee as part of the costs. | {"src": "billsum_train", "title": "Explosives Control Act of 1994"} | 3,923 | 249 | 0.606606 | 1.83673 | 0.724819 | 5.316038 | 17.306604 | 0.957547 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Student Athletes From
Concussions Act of 2013''.
SEC. 2. MINIMUM STATE REQUIREMENTS.
Part E of title IX of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7901 et seq.) is amended--
(1) by striking the heading relating to subpart 2 and
inserting the following:
``Subpart 3--Other Provisions'';
and
(2) by inserting after subpart 1, the following new
subpart:
``Subpart 2--State Requirements for the Prevention and Treatment of
Concussions
``SEC. 9511. MINIMUM STATE REQUIREMENTS.
``(a) In General.--Beginning fiscal year 2015, as a condition of
receiving funds under this Act for a fiscal year, a State shall, not
later than July 1 of the preceding fiscal year, certify to the
Secretary in accordance with subsection (b) that the State has in
effect and is enforcing a law or regulation that, at a minimum,
establishes the following requirements:
``(1) Local educational agency concussion safety and
management plan.--Each local educational agency in the State
(including each charter school that is considered a local
educational agency under State law), in consultation with
members of the community in which the local educational agency
is located, shall develop and implement a standard plan for
concussion safety and management for public schools served by
the local educational agency that includes--
``(A) the education of students, parents, and
school personnel about concussions, including--
``(i) the training of school personnel on
evidence-based concussion safety and
management, including on prevention,
recognition, risk, academic consequences, and
response for both initial and any subsequent
concussions; and
``(ii) using, maintaining, and
disseminating to students and parents release
forms, treatment plans, observation,
monitoring, and reporting forms, recordkeeping
forms, and post-injury and prevention fact
sheets about concussions;
``(B) supports for each student recovering from a
concussion, including--
``(i) guiding the student in resuming
participation in school-sponsored athletic
activities and academic activities with the
help of a multidisciplinary concussion
management team, which shall include--
``(I) a health care professional,
the parents of such student, and other
relevant school personnel; and
``(II) an individual who is
assigned by the public school in which
the student is enrolled to oversee and
manage the recovery of the student;
``(ii) providing appropriate academic
accommodations aimed at progressively
reintroducing cognitive demands on such a
student; and
``(iii) if the student's symptoms of
concussion persist for a substantial period of
time--
``(I) evaluating the student in
accordance with section 614 of the
Individual with Disabilities Education
Act (20 U.S.C. 1414) to determine
whether the student is eligible for
services under part B of such Act (20
U.S.C. 1411 et seq.); or
``(II) evaluating whether the
student is eligible for services under
section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794); and
``(C) best practices designed to ensure, with
respect to concussions, the uniformity of safety
standards, treatment, and management, including--
``(i) disseminating information on
concussion safety and management to the public;
and
``(ii) applying best practice and uniform
standards for concussion safety and management
to all students enrolled in the public schools
served by the local educational agency.
``(2) Posting of information on concussions.--Each public
school in the State shall post on school grounds, in a manner
that is visible to students and school personnel, and make
publicly available on the school website, information on
concussions that--
``(A) is based on peer-reviewed scientific evidence
or consensus (such as information made available by the
Centers for Disease Control and Prevention);
``(B) shall include--
``(i) the risks posed by sustaining a
concussion or multiple concussions;
``(ii) the actions a student should take in
response to sustaining a concussion, including
the notification of school personnel; and
``(iii) the signs and symptoms of a
concussion; and
``(C) may include--
``(i) the definition of a concussion under
section 9512(1);
``(ii) the means available to the student
to reduce the incidence or recurrence of a
concussion; and
``(iii) the effects of a concussion on
academic learning and performance.
``(3) Response to a concussion.--If any school personnel of
a public school in the State suspect that a student has
sustained a concussion during a school-sponsored athletic
activity or other school-sponsored activity--
``(A) the student shall be--
``(i) immediately removed from
participation in such activity; and
``(ii) prohibited from resuming
participation in school-sponsored athletic
activities--
``(I) on the day the student
sustained the concussion; and
``(II) until the day the student is
capable of resuming such participation,
according to the student's written
release, as described in paragraph (4);
``(B) the school personnel shall report to the
concussion management team--
``(i) that the student may have sustained a
concussion; and
``(ii) all available information with
respect to the student's injury; and
``(C) the concussion management team shall confirm
and report to the parents of the student--
``(i) the type of injury, and the date and
time of the injury, suffered by the student;
and
``(ii) any actions that have been taken to
treat the student.
``(4) Return to athletics.--If a student enrolled in a
public school in the State sustains a concussion, before the
student resumes participation in school-sponsored athletic
activities, the relevant school personnel shall receive a
written release from a health care professional, that--
``(A) may require the student to follow a plan
designed to aid the student in recovering and resuming
participation in such activities in a manner that--
``(i) is coordinated, as appropriate, with
periods of cognitive and physical rest while
symptoms of a concussion persist; and
``(ii) reintroduces cognitive and physical
demands on the student on a progressive basis
so long as such increases in exertion do not
cause the reemergence or worsening of symptoms
of a concussion; and
``(B) states that the student is capable of
resuming participation in such activities once the
student is asymptomatic.
``(5) Return to academics.--If a student enrolled in a
public school in the State has sustained a concussion, the
concussion management team (as described under paragraph
(1)(B)(i)) of the school shall consult with and make
recommendations to relevant school personnel and the student to
ensure that the student is receiving the appropriate academic
supports, including--
``(A) providing for periods of cognitive rest over
the course of the school day;
``(B) providing modified academic assignments;
``(C) allowing for gradual reintroduction to
cognitive demands; and
``(D) other appropriate academic accommodations or
adjustments.
``(b) Certification Requirement.--The certification required under
subsection (a) shall be in writing and include a description of the law
or regulation that meets the requirements of subsection (a).
``SEC. 9512. DEFINITIONS.
``In this subpart:
``(1) Concussion.--The term `concussion' means a type of
mild traumatic brain injury that--
``(A) is caused by a blow, jolt, or motion to the
head or body that causes the brain to move rapidly in
the skull;
``(B) disrupts normal brain functioning and alters
the physiological state of the individual, causing the
individual to experience--
``(i) any period of observed or self-
reported--
``(I) transient confusion,
disorientation, or altered
consciousness;
``(II) dysfunction of memory around
the time of injury; or
``(III) disruptions in gait or
balance; and
``(ii) symptoms that may include--
``(I) physical symptoms, such as
headache, fatigue, or dizziness;
``(II) cognitive symptoms, such as
memory disturbance or slowed thinking;
``(III) emotional symptoms, such as
irritability or sadness; or
``(IV) difficulty sleeping; and
``(C) occurs--
``(i) with or without the loss of
consciousness; and
``(ii) during participation--
``(I) in a school-sponsored
athletic activity; or
``(II) in any other activity
without regard to whether the activity
takes place on school property or
during the school day.
``(2) Health care professional.--The term `health care
professional' means a physician (including a medical doctor or
doctor of osteopathic medicine), nurse, athletic trainer,
physical therapist, neuropsychologist, or other qualified
individual--
``(A) who is registered, licensed, certified, or
otherwise statutorily recognized by the State to
provide medical treatment; and
``(B) whose scope of practice and experience
includes the diagnosis and management of traumatic
brain injury among a pediatric population.
``(3) Public school.--The term `public school' means a
public elementary school or public secondary school.
``(4) School personnel.--The term `school personnel' has
the meaning given such term in section 4151, except that such
term includes coaches and athletic trainers.
``(5) School-sponsored athletic activity.--The term
`school-sponsored athletic activity' means--
``(A) any physical education class or program of a
public school;
``(B) any athletic activity authorized by a public
school that takes place during the school day on the
school's property;
``(C) any activity of an extra-curricular sports
team, club, or league organized by a public school; and
``(D) any recess activity of a public school.''.
SEC. 3. CONFORMING AMENDMENTS.
The table of contents in section 2 of the Elementary and Secondary
Education Act of 1965 is amended--
(1) by striking the item relating to the heading of subpart
2 of part E of title IX and inserting the following new item:
``subpart 3--general provisions'';
and
(2) by inserting after the item relating to section 9506,
the following new items:
``subpart 2--state requirements for the prevention and treatment of
concussions
``Sec. 9511. Minimum State requirements.
``Sec. 9512. Definitions.''. | Protecting Student Athletes from Concussions Act of 2013 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to condition each state's receipt of ESEA funds, beginning in FY2015, on the state having in effect and enforcing a law or regulation that meets the minimum requirements for the prevention and treatment of concussions set forth in this Act. Requires each local educational agency in the state to develop and implement a standard plan for concussion safety and management for its public schools that includes: (1) the education of students, parents, and school personnel about concussions through specified activities; (2) specified supports for each student recovering from a concussion; and (3) specified best practices designed to ensure the uniformity of safety standards, treatment, and management. Requires each public school to post on school grounds and make publicly available on the school website specified information on concussions. Provides that if any public school personnel suspects that a student has sustained a concussion during a school-sponsored activity: (1) the student is to be immediately removed from participation in that activity and prohibited from participating in school-sponsored athletic activities until the student submits a written release from a health care professional; and (2) that individual is to report all available information regarding the student's injury to a concussion management team that will then confirm and report to the student's parents the date, time, and type of the injury suffered by the student and any actions taken to treat the student. Requires each concussion management team to include a health care professional, the student's parents, other relevant school personnel, and an individual assigned by the public school to oversee and manage the students' recovery. Requires the school's concussion management team to consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports, including: (1) periods of cognitive rest over the course of the school day, (2) modified academic assignments, (3) gradual reintroduction to cognitive demands, and (4) other appropriate academic accommodations or adjustments. | {"src": "billsum_train", "title": "Protecting Student Athletes From Concussions Act of 2013"} | 2,569 | 466 | 0.687974 | 1.761151 | 0.860286 | 3.600998 | 5.76808 | 0.927681 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guaranteeing Airport Physical
Screening Standards Act of 2005''.
SEC. 2. SCREENING OF ALL INDIVIDUALS AND PROPERTY ENTERING SECURE AREAS
OF AN AIRPORT.
(a) Deadline.--Section 44903(h)(4)(A) of title 49, United States
Code, is amended by striking ``as soon as practicable after the date of
enactment of this subsection'' and inserting ``not later than 120 days
after the date of enactment of the Guaranteeing Airport Physical
Screening Standards Act of 2005''.
(b) Screening and Inspection Requirements.--Section 44903(h)(4)(B)
of such title is amended by inserting before the semicolon at the end
the following: ``and will include at a minimum physical screening for
metal objects''.
(c) Interim Measures.--The Secretary of Homeland Security shall
require random screenings and inspections of individuals, goods,
property, vehicles, and other equipment at the entrances of, and
within, secure areas of an airport until such date as the Secretary has
fully complied with the requirements of section 44903(h)(4)(A) of such
title. The random screenings and inspections shall be conducted in a
manner that assures the level of protection described in section
44903(h)(4)(B) of such title, as amended by this section. The random
screenings and inspections shall be unannounced and shall be conducted
24 hours a day.
SEC. 3. HIRING OF SCREENERS.
(a) Number of Screeners.--Notwithstanding any other provision of
law, the Secretary of Homeland Security may hire the number of
passenger and baggage screeners that the Secretary determines necessary
to ensure aviation security.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 4. AIRPORT SITE ACCESS AND PERIMETER SECURITY.
(a) Sense of Congress.--It is the sense of Congress that the
security directives issued by the Acting Administrator of the
Transportation Security Administration on July 6, 2004, regarding
security measures concerning access to sensitive airport areas
constitute an improvement over current practice but are not sufficient
to provide adequate airport access controls.
(b) Access to Sterile Areas.--Not later than 6 months after the
date of enactment of this Act, the Secretary of Homeland Security shall
require airport personnel accessing airport sterile areas from
unrestricted areas to undergo security screening equivalent to
screening of passengers and carry-on baggage. The Secretary may issue a
waiver of this provision on an airport-by-airport basis, subject to the
following requirements:
(1) The Secretary shall promptly notify Congress of any
waivers granted under this section, the purpose for which such
waivers were granted, and the duration of the waiver.
(2) Under no circumstances shall a waiver be granted for
more than 7 days, although the Secretary may issue as many
waivers to an airport as is deemed appropriate by the
Secretary. In the event of multiple waivers, the Secretary
shall provide to Congress an estimate of when the airport will
be in compliance with this subsection.
(c) Background Checks for Workers.--The Secretary shall ensure that
all unescorted airport personnel accessing airport sterile and secured
areas have successfully undergone a background check. The background
checks required under this section shall include, at a minimum:
(1) A fingerprint-based criminal history records check, or,
if such a check is not possible, a check of the National
Criminal Information Center.
(2) A local criminal history check.
(3) Verification of previous employment.
(4) Verification of identity, to include, but not be
limited to, social security number.
(5) A check of all terrorist watch lists operated by the
Federal Government, or upon certification by the Secretary that
it is suitably comprehensive, the terrorist watch list operated
by the Terrorist Screening Center.
This subsection shall apply to all airport personnel hired more than 3
months after the date of enactment of this Act and for all airport
personnel, regardless of the date on which they were hired, no more
than one year after such date of enactment.
(d) Report.--The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall submit to Congress, no
later than January 31, 2006, a report that contains a description of
ongoing efforts and projected timelines for_
(1) developing and implementing uniform screening standards
for airport personnel with access to sterile areas;
(2) completing an assessment of available technologies that
are applicable to securing airport perimeters and making this
information available to airport operators; and
(3) developing and implementing a standardized approach to
conducting airport vulnerability assessments and compliance
inspections.
(e) Limitation on Statutory Construction.--Nothing in this section
shall be construed to provide passengers, airport workers, or other
personnel not granted regular access to secure areas before the date of
enactment of this Act authority to do so, regardless of whether such
person has undergone security screening.
(f) Definitions.--In this section, the following definitions apply:
(1) Sterile area.--The term ``sterile area'' means any part
of an airport that is regularly accessible to passengers after
having cleared a passenger security screening checkpoint.
(2) Secure area.--The term ``secure area'' means parts of
an airport complex not typically accessible to passengers,
including areas outside of terminal buildings, baggage handling
and loading areas, parked aircraft, runways, air control
towers, and similar areas.
(3) Airport personnel.--The term ``airport personnel''
means persons, whether employed by the airport, air carriers,
or by companies, that conduct business in airports. | Guaranteeing Airport Physical Screening Standards Act of 2005 - Amends federal transportation law to set a deadline of 120 days after enactment of this Act for the Under Secretary for Border and Transportation Security of the Department of Homeland Security to require screening (at a minimum, screening for metal objects) or inspection of all individuals, goods, property, vehicles, and other equipment before entry into a secured area of a U.S. airport.
Directs the Secretary of Homeland Security (Secretary) to require random screenings and inspections until such deadline is met.
Authorizes the Secretary to hire additional passenger and baggage screeners to ensure aviation security.
Directs the Secretary to require airport personnel accessing airport sterile areas from unrestricted areas to undergo security screening.
Requires the Secretary to ensure that all unescorted airport personnel accessing airport sterile and secured areas have undergone a background check.
Directs the Assistant Secretary of Homeland Security (Transportation Security Administration) to report to Congress on ongoing efforts and projected timelines for: (1) developing and implementing uniform screening standards for airport personnel with access to sterile areas; (2) completing, and making available to airport operators, an assessment of available technologies applicable to securing airport perimeters; and (3) developing and implementing a standardized approach to conducting airport vulnerability assessments and compliance inspections. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to establish a deadline for the screening of all individuals, goods, property, vehicles, and other equipment entering a secure area of an airport, and for other purposes."} | 1,288 | 293 | 0.673278 | 1.936587 | 0.887622 | 4.146939 | 4.636735 | 0.930612 |
SECTION 1. SHORT TITLE AND FINDINGS.
(a) Short Title.--This Act may be cited as the ``Helium
Privatization Act of 1995''.
(b) Findings.--The Congress finds that--
(1) the United States Government's helium recovery program
was instituted in 1925, when helium conservation was deemed to
be a matter of national security and no private sector helium
recovery industry existed;
(2) today, as compared to 1925, there is little likelihood
that the United States will have to field a fleet of blimps on
an emergency basis;
(3) private sources of helium are more than adequate for
serving existing and foreseeable future national needs;
(4) since 1925, there has been a dramatic increase in
private industry's involvement in helium recovery, as a result
of the free market discovery of numerous commercial uses for
helium;
(5) currently, private industry accounts for 90 percent of
all helium extraction and consumption;
(6) the Government's helium recovery program currently owes
the Department of the Treasury $1,400,000,000 and in recent
years has lost as much as an additional $120,000,000 yearly on
interest alone, and there is no prospect for repayment of this
debt without significant reform; and
(7) with combined public and private helium reserves
considerably in excess of foreseeable national helium needs,
there is no longer any need for the Federal Government to own
and operate a helium extraction and reserve program.
SEC. 2. AMENDMENT OF HELIUM ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Helium Act (50 U.S.C.
167 to 167n).
SEC. 3. AUTHORITY OF SECRETARY.
Sections 3, 4, and 5 are amended to read as follows:
``SEC. 3. AUTHORITY OF SECRETARY.
``(a) Extraction and Disposal of Helium on Federal Lands.--(1) The
Secretary may enter into agreements with private parties for the
recovery and disposal of helium on Federal lands upon such terms and
conditions as he deems fair, reasonable and necessary. The Secretary
may grant leasehold rights to any such helium. The Secretary may not
enter into any agreement by which the Secretary sells such helium other
than to a private party with whom the Secretary has an agreement for
recovery and disposal of helium. Such agreements may be subject to such
rules and regulations as may be prescribed by the Secretary.
``(2) Any agreement under this subsection shall be subject to the
existing rights of any affected Federal oil and gas lessee. Each such
agreement (and any extension or renewal thereof) shall contain such
terms and conditions as deemed appropriate by the Secretary.
``(3) This subsection shall not in any manner affect or diminish
the rights and obligations of the Secretary and private parties under
agreements to dispose of helium produced from Federal lands in
existence at the enactment of the Helium Privatization Act of 1995
except to the extent that such agreements are renewed or extended after
such date.
``(b) Storage, Transportation, and Sale.--The Secretary is
authorized to store, transport, and sell helium only in accordance with
this Act.
``(c) Monitoring and Reporting.--The Secretary is authorized to
monitor helium production and helium reserves in the United States and
to periodically prepare reports regarding the amounts of helium
produced and the quantity of crude helium in storage in the United
States.
``SEC. 4. STORAGE AND TRANSPORTATION OF CRUDE HELIUM.
``(a) Storage and Transportation.--The Secretary is authorized to
store and transport crude helium and to maintain and operate existing
crude helium storage at the Bureau of Mines Cliffside Field, together
with related helium transportation and withdrawal facilities.
``(b) Cessation of Production, Refining, and Marketing.--Effective
one year after the date of enactment of the Helium Privatization Act of
1995, the Secretary shall cease producing, refining and marketing
refined helium and shall cease carrying out all other activities
relating to helium which the Secretary was authorized to carry out
under this Act before the date of enactment of the Helium Privatization
Act of 1995, except those activities described in subsection (a). The
amount of helium reserves owned by the United States and stored in the
Bureau of Mines Cliffside Field at such date of cessation, less
600,000,000 cubic feet, shall be the helium reserves owned by the
United States required to be sold pursuant to section 8(b) hereof.
``(c) Disposal of Facilities.--(1) Within one year after the date
of enactment of the Helium Privatization Act of 1995, the Secretary
shall dispose of all facilities, equipment, and other real and personal
property, together with all interests therein, held by the United
States for the purpose of producing, refining and marketing refined
helium. The disposal of such property shall be in accordance with the
provisions of law governing the disposal of excess or surplus
properties of the United States.
``(2) All proceeds accruing to the United States by reason of the
sale or other disposal of such property shall be treated as moneys
received under this chapter for purposes of section 6(f). All costs
associated with such sale and disposal (including costs associated with
termination of personnel) and with the cessation of activities under
subsection (b) shall be paid from amounts available in the helium
production fund established under section 6(f).
``(3) Paragraph (1) shall not apply to any facilities, equipment,
or other real or personal property, or any interest therein, necessary
for the storage and transportation of crude helium or any equipment
needed to maintain the purity, quality control, and quality assurance
of helium in the reserve.
``(d) Existing Contracts.--All contracts which were entered into by
any person with the Secretary for the purchase by such person from the
Secretary of refined helium and which are in effect on the date of the
enactment of the Helium Privatization Act of 1995 shall remain in force
and effect until the date on which the facilities referred to in
subsection (c) are disposed of. Any costs associated with the
termination of such contracts shall be paid from the helium production
fund established under section 6(f).
``SEC. 5. FEES FOR STORAGE, TRANSPORTATION AND WITHDRAWAL.
``Whenever the Secretary provides helium storage, withdrawal, or
transportation services to any person, the Secretary is authorized and
directed to impose fees on such person to reimburse the Secretary for
the full costs of providing such storage, transportation, and
withdrawal. All such fees received by the Secretary shall be treated as
moneys received under this Act for purposes of section 6(f).''.
SEC. 4. SALE OF CRUDE HELIUM.
Section 6 is amended as follows:
(1) Subsection (a) is amended by striking out ``from the
Secretary'' and inserting ``from persons who have entered into
enforceable contracts to purchase an equivalent amount of crude
helium from the Secretary''.
(2) Subsection (b) is amended by inserting ``crude'' before
``helium'' and by adding the following at the end thereof:
``Except as may be required by reason of subsection (a), the
Secretary shall not make sales of crude helium under this
section in such amounts as will disrupt the market price of
crude helium.''.
(3) Subsection (c) is amended by inserting ``crude'' before
``helium'' after the words ``Sales of'' and by striking
``together with interest as provided in this subsection'' and
all that follows down through the period at the end of such
subsection and inserting the following:
``all funds required to be repaid to the United States as of October 1,
1993, under this section (hereinafter referred to as `repayable
amounts'). The price at which crude helium is sold by the Secretary
shall not be less than the amount determined by the Secretary as
follows:
``(1) Divide the outstanding amount of such repayable
amounts by the volume (in mcf) of crude helium owned by the
United States and stored in the Bureau of Mines Cliffside Field
at the time of the sale concerned.
``(2) Adjust the amount determined under paragraph (1) by
the Consumer Price Index for years beginning after December 31,
1993.''.
(4) Subsection (d) is amended to read as follows:
``(d) Extraction of Helium From Deposits on Federal Lands.--All
moneys received by the Secretary from the sale or disposition of helium
on Federal lands shall be paid to the Treasury and credited against the
amounts required to be repaid to the Treasury under subsection (c) of
this section.''.
(5) Subsection (e) is repealed.
(6) Subsection (f) is amended by inserting ``(1)'' after
``(f)'' and by adding the following at the end thereof:
``(2) Within 7 days after the commencement of each fiscal year
after the disposal of the facilities referred to in section 4(c), all
amounts in such fund in excess of $2,000,000 (or such lesser sum as the
Secretary deems necessary to carry out this Act during such fiscal
year) shall be paid to the Treasury and credited as provided in
paragraph (1). Upon repayment of all amounts referred to in subsection
(c), the fund established under this section shall be terminated and
all moneys received under this Act shall be deposited in the Treasury
as General Revenues.''.
SEC. 5. ELIMINATION OF STOCKPILE.
Section 8 is amended to read as follows:
``SEC. 8. ELIMINATION OF STOCKPILE.
``(a) Review of Reserves.--The Secretary shall review annually the
known helium reserves in the United States and make a determination as
to the expected life of the domestic helium reserves (other than
federally owned helium stored at the Cliffside Reservoir) at that time.
``(b) Stockpile Sales.--Not later than January 1, 2004, the
Secretary shall commence offering for sale crude helium from helium
reserves owned by the United States in such minimum annual amounts as
would be necessary to dispose of all such helium reserves in excess of
600,000,000 cubic feet (mcf) on a straight-line basis between such date
and January 1, 2014; provided that the minimum price for all such
sales, as determined by the Secretary in consultation with the helium
industry, shall be such as will ensure repayment of the amounts
required to be repaid to the Treasury under section 6(c), and provided
further that the minimum annual sales requirement may be deferred only
if, and to the extent that, the Secretary is unable to arrange sales at
the minimum price. The sales shall be at such times during each year
and in such lots as the Secretary determines, in consultation with the
helium industry, are necessary to carry out this subsection with
minimum market disruption.
``(c) Discovery of Additional Reserves.--The discovery of
additional helium reserves shall not affect the duty of the Secretary
to make sales of helium as provided in subsection (b), as the case may
be.''.
SEC. 6. REPEAL OF AUTHORITY TO BORROW.
Sections 12 and 15 are repealed.
SEC. 7. REPORTS.
Section 16 is amended by redesignating existing section 16 as
section 16(a) and inserting the following at the end thereof:
``(b)(1) The Inspector General of the Department of the Interior
shall cause to be prepared, not later than March 31 following each
fiscal year commencing with the date of enactment of the Helium
Privatization Act of 1995, annual financial statements for the Helium
Operations of the Bureau of Mines. The Director of the Bureau of Mines
shall cooperate with the Inspector General in fulfilling this
requirement, and shall provide him with such personnel and accounting
assistance as may be necessary for that purpose. The financial
statements shall be audited by the General Accounting Office, and a
report on such audit shall be delivered by the General Accounting
Office to the Secretary of the Interior and Congress, not later than
June 30 following the end of the fiscal year for which they are
prepared. The audit shall be prepared in accordance with generally
accepted government auditing standards.
``(2) The financial statements shall be comprised of the following:
``(A) A balance sheet reflecting the overall financial
position of the Helium Operations, including assets and
liabilities thereof;
``(B) the Statement of Operations, reflecting the fiscal
period results of the Helium Operations;
``(C) a statement cash flows or changes in financial
position of the Helium Operations; and
``(D) a reconciliation of budget reports of the Helium
Operations.
``(3) The Statement of Operations shall include but not be limited
to the revenues from, and costs of, sales of crude helium, the storage
and transportation of crude helium, the production, refining and
marketing of refined helium, and the maintenance and operation of
helium storage facilities at the Bureau of Mines Cliffside Field. The
term `revenues' for this purpose shall exclude (A) royalties paid to
the United States for production of helium or other extraction of
resources, except to the extent that the Helium Operations incur direct
costs in connection therewith, and (B) proceeds from sales of assets
other than inventory. The term `expenses' shall include, but not be
limited to (i) all labor costs of the Bureau of Mines Helium
Operations, and of the Department of the Interior in connection
therewith, and (ii) for financial reporting purposes but not in
connection with the determination of sales prices in section 6(c), all
current-period interest on outstanding repayable amounts (as described
in section 6(c)) calculated at the same rates as such interest was
calculated prior to the enactment of the Helium Privatization Act of
1995.
``(4) The balance sheet shall include, but not be limited to, on
the asset side, the present discounted market value of crude helium
reserves; and on the liability side, the accrued liability for
principal and interest on debt to the United States. For financial
reporting purposes but not in connection with the determination of
sales prices in section 6(c), the balance sheet shall also include
accrued but unpaid interest on outstanding repayable amounts (as
described in section 6(c)) through the date of the report, calculated
at the same rates as such interest was calculated prior to the
enactment of the Helium Privatization Act of 1995.''. | Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field.
Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities.
Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services.
Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury.
Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act.
Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines. | {"src": "billsum_train", "title": "Helium Privatization Act of 1995"} | 3,254 | 294 | 0.580437 | 1.668813 | 0.710305 | 3.648438 | 11.808594 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adam Walsh Reauthorization Act of
2016''.
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 2017 through 2021, 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 by striking ``such sums as may be
necessary for fiscal years 2007 through 2009'' and inserting ``to the
United States Marshals Service not less than $66,300,000 for each of
the fiscal years 2017 through 2021''.
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;
``(C) are adults, but who are required to register
as a result of conduct committed as a juvenile; and
``(D) were convicted of statutory rape 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.
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
video conference, or another similar method, 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.''. | Adam Walsh Reauthorization Act of 2016 This bill amends the Sex Offender Registration and Notification Act to: reauthorize through FY2021 the Sex Offender Management Assistance program, reauthorize through FY2021 the activities of the U.S. Marshals Service to locate and apprehend sex offenders who violate sex offender registration requirements, reduce from 25 years to 15 years the required registration period for certain juvenile delinquent sex offenders who maintain a clean record, allow a state, Indian tribe, or territory to exempt from disclosure on a public website information about juvenile delinquent sex offenders, specify 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, and establish an alternative method for complying with the in-person verification requirement. It amends the Adam Walsh Child Protection and Safety Act of 2006 to require the Department of Justice to include additional data in its annual report on the enforcement of sex offender registration requirements. The bill amends the federal criminal code to: modify 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; and extend 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. | {"src": "billsum_train", "title": "Adam Walsh Reauthorization Act of 2016"} | 1,781 | 365 | 0.562642 | 1.826142 | 0.745344 | 1.474227 | 5.006873 | 0.697595 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Reform Act of 1994''.
SEC. 2. MAXIMUM DOLLAR AMOUNT.
Subparagraph (A) of the first sentence of section 203(b)(2) of the
National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended by striking
clause (ii) and all that follows through ``1992;'' and inserting the
following:
``(ii) 85 percent of the dollar amount
limitation determined under section 305(a)(2)
of the Federal Home Loan Mortgage Corporation
Act for a residence of the applicable size;
except that the applicable dollar amount limitation in
effect under this subparagraph (A) for any area may not
be less than the greater of--
``(I) the dollar amount limitation in
effect under this section for the area on the
date of enactment of the FHA Reform Act of
1994; or
``(II) the applicable average area purchase
price determined under section 143(e)(2) of the
Internal Revenue Code of 1986, as adjusted by
the Secretary to reflect a single amount using
purchase prices for residences that have been
previously occupied, and for residences that
have not been so occupied, which amount shall
be adjusted by the Secretary annually on the
basis of the Constant Quality Housing Price
Index;''.
SEC. 3. MAXIMUM LOAN-TO-VALUE RATIO.
Section 203(b)(2) of the National Housing Act (12 U.S.C.
1709(b)(2)) is amended--
(1) by striking ``(including such initial service charges,
appraisal, inspection, and other fees as the Secretary shall
approve)'' the first place it appears;
(2) by striking subparagraph (B) of the first sentence and
inserting the following new subparagraph:
``(B) except as otherwise provided in this
paragraph (2), not to exceed an amount equal to the sum
of--
``(i) 99 percent of $50,000 of the
appraised value of the property, as of the date
the mortgage is accepted for insurance;
``(ii) 96 percent of such value in excess
of $50,000 but not in excess of $125,000; and
``(iii) 94 percent of such value in excess
of $125,000.'';
(3) by striking the second sentence of the matter that
follows subparagraph (B) of the first sentence; and
(4) by striking penultimate undesignated paragraph.
SEC. 4. SINGLE FAMILY RISK-SHARING MORTGAGE INSURANCE PROGRAM.
(a) In General.--Title II of the National Housing Act (12 U.S.C.
1707 et seq.) is amended by adding at the end the following new
section:
``single family risk-sharing with state and local agencies
``Sec. 256. (a) Authority.--Notwithstanding any other provision of
this Act inconsistent with this section, the Secretary may insure and
make commitments to insure under this section mortgages on single
family properties under risk-sharing mortgage insurance programs
established with 1 or more States or agencies. Only mortgages executed
in connection with the acquisition of a single family property or for
the refinancing of a mortgage insured under this section shall be
eligible. Under such programs, the Secretary shall insure a portion of
the mortgage and the State or local agency shall insure the remainder.
``(b) Purposes.--The purposes of the program under this section are
(1) to increase the availability of single family mortgage financing in
areas where there is need for mortgage insurance under this Act that
cannot be met due to particularly high average median house prices in
the area, and (2) to foster arrangements with State and local agencies
to share the risk of mortgage insurance.
``(c) Applications.--
``(1) Approval.--The Secretary may approve an application
submitted by a State or local agency to establish a risk-
sharing program under this section, based on a determination
that the State or local agency demonstrates that (A) it has the
legal authority under State law and, where applicable, local
law, to participate in the risk-sharing mortgage insurance
program, (B) it has carried out, or has the potential to carry
out, a financially sound, efficient, and effective mortgage
insurance program, and (C) it has the ongoing administrative
and financial capacity necessary to carry out a program under
this section.
``(2) Cancellation of approval.--For a violation of
requirements and procedures under the risk-sharing agreement
between the State or local agency and the Secretary or for
other good cause, the Secretary may cancel approval of a State
or local agency under this section by giving notice to the
State or local agency. The cancellation shall be effective upon
receipt of the notice by the agency or at a later date
specified by the Secretary. A decision by the Secretary to
cancel approval shall be final and conclusive and shall not be
subject to judicial review.
``(d) Delegation of Authority To Insure to State and Local
Agencies.--Pursuant to a risk-sharing agreement with a State or local
agency, the Secretary shall delegate the authority to insure and make
commitments to insure the portion of mortgages to be insured by the
Secretary under this section to the State or local agency. The risk-
sharing agreement shall contain such other matters as the Secretary and
the State or local agency agree.
``(e) Underwriting Standards and Loan Terms and Conditions.--The
State or local agency shall adopt underwriting standards and loan terms
and conditions for purposes of underwriting loans to be insured under
this section without regard to requirements of this Act other than this
section, section 203(g), and section 203(r)(2), subject to review and
approval by the Secretary.
``(f) Mortgage Insurance Premiums.--
``(1) Requirement.--The State or local agency shall require
the payment of mortgage insurance premiums by mortgagors.
``(2) Shares.--The Secretary shall establish policies and
procedures for the sharing of premiums between the Secretary
and the State or local agency, based on the relative risk to,
and administrative costs of, the Secretary and the State or
local agency. The share paid to the Secretary shall not be less
than an amount necessary to cover the risk to, and
administrative costs of, the Secretary.
``(g) Limitations on Principal Mortgage Amount.--
``(1) Insured portion.--The portion of the mortgage insured
under this section by the Secretary may not exceed an amount
equal to the lesser of (A) 80 percent of the appraised value of
the property, or (B) the maximum amount the Secretary may
insure under section 203(b) of this Act for the area (but not
including any amount for a mortgage insurance premium).
``(2) Total principal amount.--The total principal amount
of a mortgage insured under this section by the Secretary and
the State or local agency (A) shall exceed the maximum amount
the Secretary may insure under subparagraph (A) of the first
sentence of section 203(b)(2) of this Act for the area, and (B)
may not exceed the conforming loan limitation determined under
section 305(a)(2) of the Federal Home Loan Mortgage Corporation
Act for a residence of the applicable size, as adjusted
annually.
``(3) Loan-to-value ratio.--The principal obligation of a
mortgage may not exceed an amount determined in accordance with
subparagraph (B) of the first sentence of section 203(b)(2) of
this Act plus the mortgage insurance premium.
``(4) Refinancing mortgages.--Notwithstanding paragraph
(2)(A) or (3), in the case of refinancing of an existing
mortgage insured under this section, the principal obligation
of a refinancing mortgage may not exceed the outstanding
principal balance of the existing mortgage plus any mortgage
insurance premium.
``(h) Insurance Claims.--
``(1) Procedure.--In the case of a default and foreclosure
of a mortgage insured under this section, the mortgagee may
file a claim with the State or local agency for insurance
benefits in accordance with requirements established by the
State or local agency and approved by the Secretary. The agency
shall pay the full amount of the claim owed to the mortgagee.
If the loss on the insured mortgage exceeds the amount of
insurance by the agency, the Secretary shall reimburse the
agency for the difference.
``(2) General insurance fund.--The insurance of a mortgage
under this section by the Secretary shall be an obligation of
the General Insurance Fund created pursuant to section 519 of
this Act.
``(i) Inapplicability of the Assignment Program.--Section 230 shall
not apply to mortgages insured under the program authorized by this
section.
``(j) Restriction on GNMA Securitization.--The Government National
Mortgage Association shall not securitize any loans insured under this
section.
``(k) Definitions.--As used in this section:
``(1) The term `local agency' means an agency of a unit of
general local government, as defined by the Secretary, that has
the authority to insure mortgages and to participate with the
Secretary in the single family risk-sharing program under this
section, or an agency or instrumentality of a local agency if
the agency or instrumentality has such authority.
``(2) The term `State agency' means an agency of a State
that has the authority to insure mortgages and to participate
with the Secretary in the single family risk-sharing program
under this section, or an agency or instrumentality of a State
agency if the agency or instrumentality has such authority.
``(3) The term `single family property' means a property
upon which there is located a dwelling designed principally for
occupancy by 1 family, and includes a condominium and a
cooperative.
``(4) The term `State' means the several States, the
Commonwealth of Puerto Rico, the District of Columbia, Guam,
the Trust Territory of the Pacific Islands, American Samoa, and
the Virgin Islands.''.
(b) Implementation.--The Secretary of Housing and Urban Development
may implement the program authorized by the amendment made under
subsection (a) by entering into risk-sharing agreements negotiated with
State agencies, notwithstanding any otherwise applicable requirement
for regulations or notice published in the Federal Register and
notwithstanding any otherwise applicable regulations of the Secretary. | FHA Reform Act of 1994 - Amends the National Housing Act to: (1) revise single family housing insurance mortgage limitations; and (2) authorize a single family risk-sharing mortgage insurance program with State and local agencies. | {"src": "billsum_train", "title": "FHA Reform Act of 1994"} | 2,288 | 48 | 0.46198 | 1.092158 | 0.467217 | 3.222222 | 46.866667 | 0.911111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White House Commission on National
Military Appreciation Month Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The vigilance of the United States Armed Forces, past
and present, has been instrumental to the preservation of the
freedom, security, and prosperity that the United States
enjoys.
(2) The vigilance and capabilities of the United States
Armed Forces depend on the dedicated service of its members,
their families, and the civilian employees of the Department of
Defense and United States Coast Guard.
(3) The role of the United States as a world leader, and
the global scope that such role imparts to our Nation's
interests, requires a military force that is well-trained,
well-equipped, and appropriately sized.
(4) For such a force to be fielded, the young men and women
of the United States must possess a commitment to military
service that is sufficient to achieve the levels of recruitment
and retention of enlisted, officer, and civilian personnel
necessary for sustaining the strength, vitality, and character
of the United States Armed Forces.
(5) To foster and sustain such a commitment, it is vital
for youth in the United States to understand that the service
provided by members of the United States Armed Forces is an
honorable legacy that has protected the freedoms that are
enjoyed by United States citizens and citizens of many other
nations.
(6) The Federal Government has a responsibility to raise
awareness of and respect for this aspect of our national
heritage and to encourage citizens to dedicate themselves to
the values and principles for which Americans have served and
sacrificed throughout our history.
(7) Service in the United States Armed Forces entails
special sacrifices and hazards.
(8) The special duties required of those who serve in the
United States Armed Forces demand special sacrifices from the
families of service members, and the support of the families is
an essential force multiplier that enhances the effectiveness
and capabilities of the United States Armed Forces.
(9) The Nation's observance of events recognizing the
contributions of the Armed Forces is a tangible and highly
effective way of sustaining morale and improving quality of
life for the military family.
(10) Senate Resolution 33 (106th Congress, 1st session), a
resolution entitled ``Senate Resolution Designating May 1999 as
`National Military Appreciation Month''', agreed to on April
30, 1999, called on the people of the United States, in a
symbolic act of unity, to observe a National Military
Appreciation Month in May 1999, to honor the service men and
women of the United States past and present, including those
who have died in the pursuit of freedom and peace.
(11) It is important for the relevance of the history and
activities of the United States Armed Forces to be emphasized
to current and future citizens of the United States through an
annual National Military Appreciation Month that includes
associated local and national observances and activities.
SEC. 3. ESTABLISHMENT OF WHITE HOUSE COMMISSION ON NATIONAL MILITARY
APPRECIATION MONTH.
It is the sense of Congress that the President should establish a
commission known as the ``White House Commission on National Military
Appreciation Month'' to make recommendations to the President on the
proclamation of ``National Military Appreciation Month'' to be
celebrated in the month of May each year.
SEC. 4. COMMISSION DUTIES.
(a) Recommendations.--The White House Commission on National
Military Appreciation Month, if established pursuant to this Act, shall
submit to the President its recommendations on actions that should be
taken to--
(1) foster public service and civic virtue on the part of
the people of the United States by--
(A) inspiring respect and understanding for the
spirit of America;
(B) recognizing the many sacrifices made by members
of the United States Armed Forces and the members of
their families;
(C) recognizing the importance of maintaining a
strong, well-equipped, educated, and trained military
force for the United States to safeguard peace and
freedom;
(D) encouraging the citizens of the United States
to take pride in the United States Armed Forces for the
protection and service that the Armed Forces provide;
(E) recognizing and honoring the dedication and
commitment of members of the United States Armed
Forces, and expressing appreciation for all
contributions made by the members of the Armed Forces
throughout the history of the United States; and
(F) promoting education of America's youth that
focuses on the history and world role of the United
States Armed Forces;
(2) inspire national, State, local, and tribal
participation in the commemoration of the United States Armed
Forces throughout the year in celebrations of National Military
Appreciation Month and patriotic and military commemorative
days, such as Flag Day, D-day, Veterans Day, and Pearl Harbor
Day, by--
(A) encouraging the participation of diverse
entities including--
(i) national humanitarian and patriotic
organizations;
(ii) elementary, secondary, and higher
education institutions;
(iii) veterans' societies and civic,
patriotic, educational, sporting, artistic,
cultural, and historical organizations;
(iv) Federal departments and agencies; and
(v) museums, including cultural and
historical museums; and
(B) recommending appropriate activities to observe
National Military Appreciation Month and patriotic and
military commemorative days including--
(i) the production, publication, and
distribution of books, pamphlets, films, and
other educational materials;
(ii) bibliographical and documentary
projects and publications;
(iii) conferences, convocations, lectures,
seminars, and other similar programs;
(iv) the development of exhibits for
libraries, museums, and other appropriate
institutions;
(v) ceremonies and celebrations
commemorating specific events that relate to
the establishment of the Armed Forces of the
United States and the history of the Armed
Forces participation in wars and other
hostilities;
(vi) competitions, commissions, and awards
regarding historical, scholarly, artistic,
literary, musical, and other works, programs,
and projects related to such commemorations;
(vii) recommendations to appropriate
agencies or advisory bodies regarding the
issuance by the United States of commemorative
coins, medals, and stamps relating to National
Military Appreciation Month and other military
commemorative events; and
(viii) recommendations for any legislation
or administrative action that the Commission
determines to be appropriate regarding the
commemoration of National Military Appreciation
Month and other military commemorative events;
and
(3) provide national coordination for the observance of
National Military Appreciation Month.
(b) Annual Report.--
(1) Requirement for report.--For each fiscal year in which
the Commission carries out activities pursuant to this Act, the
Commission shall submit to the President and Congress a report
describing the activities.
(2) Content.--The report under paragraph (1) shall
include--
(A) an accounting of funds received and expended by
the Commission in the fiscal year, including a detailed
description of the sources and amounts of any donations
of funds accepted by the Commission under any authority
granted to the Commission by the President; and
(B) a description of cooperative agreements and
contracts entered into by the Commission under any
authority granted to the Commission by the President.
SEC. 5. COMMISSION MEMBERSHIP.
It is the sense of Congress that any White House Commission on
National Military Appreciation Month should be composed of the
following members:
(1) Five members appointed by the President, including at
least 1 representative of tribal organizations (as defined in
section 4(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l))).
(2) The Secretary of Defense.
(3) The Secretary of Veterans Affairs.
(4) The Secretary of the Smithsonian Institution.
(5) The Director of the Office of Personnel Management.
(6) The Administrator of General Services.
(7) The Secretary of Transportation.
(8) The Secretary of Education.
(9) The Secretary of the Interior.
(10) The Secretary of State.
(11) The Executive Director of the President's Commission
on White House Fellows.
(12) The Secretary of the Army.
(13) The Secretary of the Navy.
(14) The Secretary of the Air Force.
(15) The Commandant of the Marine Corps.
(16) The Commandant of the Coast Guard.
(17) The Chief of Staff of the Army.
(18) The Chief of Naval Operations.
(19) The Chief of Staff of the Air Force.
(20) Any other persons appointed by the President upon the
recommendation of the Commission.
SEC. 6. SPIRIT OF AMERICA ALLIANCE.
(a) Establishment.--It is the sense of Congress that, if the
President establishes the White House Commission on National Military
Appreciation Month, the President should also establish an alliance to
be known as the ``Spirit of America Alliance'' that is composed of
individuals, appointed by the Commission, who are representatives or
members of--
(1) the print, broadcast, or other media industry;
(2) the national sports community;
(3) the recreation industry;
(4) the entertainment industry;
(5) the retail industry;
(6) the food industry;
(7) the health care industry;
(8) the transportation industry;
(9) the education community;
(10) national veterans organizations;
(11) families that have lost loved ones in combat or to
terrorist acts;
(12) the nonprofit community; and
(13) honorary, nonvoting members appointed by the
Commission.
(b) Duties.--The Alliance shall assist the Commission--
(1) in the planning, organization, and conduct of an annual
White House Conference on National Military Appreciation Month
and other similar events;
(2) in the promotion of the observance of National Military
Appreciation Month and other military commemorative events
through appropriate means, subject to any guidelines developed
by the Commission;
(3) in the establishment of necessary incentives for
Federal, State, and local governments and private sector
entities to sponsor and participate in programs initiated by
the Commission or the Alliance;
(4) in the evaluation of the effectiveness of efforts by
the Commission and the Alliance in carrying out this Act; and
(5) by the performance of any other related duties that are
assigned by the Commission. | White House Commission on National Military Appreciation Month Act - Expresses the sense of Congress that: (1) the President should establish the White House Commission on National Military Appreciation Month to make recommendations to the President on the proclamation of National Military Appreciation Month to be celebrated in May of each year; and (2) any such Commission should be composed of specified members.Expresses the sense of Congress that if such Commission is established, the President should also establish the Spirit of America Alliance to assist the Commission: (1) in the planning, organization, and conduct of an annual White House Conference on National Military Appreciation and other similar events; (2) in the promotion of the observance of such Month and other military commemorative events through appropriate means, subject to any guidelines developed by the Commission; (3) in the establishment of necessary incentives for Federal, State, and local governments and private sector entities to sponsor and participate in programs initiated by the Commission or the Alliance; (4) in the evaluation of the effectiveness of efforts by the Commission and the Alliance in carrying out this Act; and (5) by the performance of any other related duties that are assigned by the Commission. | {"src": "billsum_train", "title": "A bill to urge the President to establish the White House Commission on National Military Appreciation Month, and for other purposes."} | 2,218 | 239 | 0.564885 | 1.63839 | 0.642265 | 7.282609 | 9.508696 | 0.986957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cabin Fee Act of 2014''.
SEC. 2. CABIN USER FEES.
(a) In General.--The Secretary of Agriculture (referred to in this
Act as the ``Secretary'') shall establish a fee in accordance with this
section for the issuance of a special use permit for the use and
occupancy of National Forest System land for recreational residence
purposes.
(b) Interim Fee.--During the period beginning on January 1, 2014,
and ending on the last day of the calendar year during which the
current appraisal cycle is completed under subsection (c), the
Secretary shall assess an interim annual fee for recreational
residences on National Forest System land that is an amount equal to
the lesser of--
(1) the fee determined under the Cabin User Fees Fairness
Act (16 U.S.C. 6901 et seq.), subject to the requirement that
any increase over the fee assessed during the previous year
shall be limited to not more than 25 percent; or
(2) $5,600.
(c) Completion of Current Appraisal Cycle.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall
complete the current appraisal cycle, including receipt of timely
second appraisals, for recreational residences on National Forest
System land in accordance with the Cabin User Fees Fairness Act of 2000
(16 U.S.C. 6201 et seq.) (referred to in this Act as the ``current
appraisal cycle'').
(d) Lot Value.--
(1) In general.--Only appraisals conducted and approved by
the Secretary in accordance with the Cabin User Fee Fairness
Act (16 U.S.C. 6901 et seq.) during the current appraisal cycle
shall be used to establish the base value assigned to the lot,
subject to the adjustment in subsection (e). If a second
appraisal--
(A) was approved by the Secretary, the value
established by the second appraisal shall be the base
value assigned to the lot; or
(B) was not approved by the Secretary, the value
established by the initial appraisal shall be the base
value assigned to the lot.
(e) Adjustment.--On the date of completion of the current appraisal
cycle, and before assessing a fee under subsection (f), the Secretary
shall make a 1-time adjustment to the value of each appraised lot on
which a recreational residence is located to reflect any change in
value occurring after the date of the most recent appraisal for the
lot, in accordance with the 4th quarter of 2012 National Association of
Homebuilders/Wells Fargo Housing Opportunity Index.
(f) Annual Fee.--
(1) Base.--After the date on which appraised lot values
have been adjusted in accordance with subsection (e), the
annual fee assessed prospectively by the Secretary for
recreational residences on National Forest System land shall be
in accordance with the following tiered fee structure:
------------------------------------------------------------------------
Approximate Percent of Fee
Fee Tier Permits Nationally Amount
------------------------------------------------------------------------
Tier 1............................ 6 percent................ $600
Tier 2............................ 16 percent............... $1,100
Tier 3............................ 26 percent.............. $1,600
Tier 4............................ 22 percent.............. $2,100
Tier 5............................ 10 percent.............. $2,600
Tier 6............................ 5 percent................ $3,100
Tier 7............................ 5 percent............... $3,600
Tier 8............................ 3 percent............... $4,100
Tier 9............................ 3 percent............... $4,600
Tier 10........................... 3 percent............... $5,100
Tier 11........................... 1 percent................ $5,600.
------------------------------------------------------------------------
(2) Inflation adjustment.--The Secretary shall increase or
decrease the annual fees set forth in the table under paragraph
(1) to reflect changes in the Implicit Price Deflator for the
Gross Domestic Product published by the Bureau of Economic
Analysis of the Department of Commerce, applied on a 5-year
rolling average.
(3) Access and occupancy adjustment.--
(A) In general.--The Secretary shall by regulation
establish criteria pursuant to which the annual fee
determined in accordance with this section may be
suspended or reduced temporarily if access to, or the
occupancy of, the recreational residence is
significantly restricted.
(B) Appeal.--The Secretary shall by regulation
grant the cabin owner the right of an administrative
appeal of the determination made in accordance with
section 2(e)(3)(A) whether to suspend or reduce
temporarily the annual fee.
(g) Periodic Review.--
(1) In general.--Beginning on the date that is 10 years
after the date of the enactment of this Act, the Secretary
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report that--
(A) analyzes the annual fees set forth in the table
under subsection (e) to ensure that the fees reflect
fair value for the use of the land for recreational
residence purposes, taking into account all use
limitations and restrictions (including any limitations
and restrictions imposed by the Secretary); and
(B) includes any recommendations of the Secretary
with respect to modifying the fee system.
(2) Limitation.--The use of appraisals shall not be
required for any modifications to the fee system based on the
recommendations under paragraph (1)(B).
SEC. 3. CABIN TRANSFER FEES.
(a) In General.--The Secretary shall establish a fee in the amount
of $1,200 for the issuance of a new recreational residence permit due
to a change of ownership of the recreational residence.
(b) Adjustments.--The Secretary shall annually increase or decrease
the transfer fee established under subsection (a) to reflect changes in
the Implicit Price Deflator for the Gross Domestic Product published by
the Bureau of Economic Analysis of the Department of Commerce, applied
on a 5-year rolling average.
SEC. 4. EFFECT.
(a) In General.--Nothing in this Act limits or restricts any right,
title, or interest of the United States in or to any land or resource
in the National Forest System.
(b) Alaska.--The Secretary shall not establish or impose a fee or
condition under this Act for permits in the State of Alaska that is
inconsistent with section 1303(d) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3193(d)).
SEC. 5. RETENTION OF FEES.
(a) In General.--Beginning 10 years after the date of the enactment
of this Act, the Secretary may retain, and expend, for the purposes
described in subsection (b), any fees collected under this Act without
further appropriation.
(b) Use.--Amounts made available under subsection (a) shall be used
to administer the recreational residence program and other recreation
programs carried out on National Forest System land.
SEC. 6. REPEAL OF CABIN USER FEES FAIRNESS ACT OF 2000.
Effective on the date of the assessment of annual permit fees in
accordance with section 2(e) (as certified to Congress by the
Secretary), the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et
seq.) is repealed. | Cabin Fee Act of 2014 - Directs the Secretary of Agriculture (USDA) to set an annual fee for the issuance of a special use permit for the use and occupancy of National Forest System land for recreational residence purposes. Requires the Secretary to: (1) complete the current appraisal cycle, including receipt of timely second appraisals, for such residences within one year after enactment of this Act, and (2) assess an interim annual fee for them according to a specified formula. Specifies the annual fee for each of 11 fee tiers based on the value of the lot of which the recreational residence is located, adjusted annually for inflation. Requires the Secretary to report after ten years on these annual fees in order to ensure that they reflect fair value for the use of System land, and on any recommendations to modify the fee system. Directs the Secretary to establish a transfer fee of $1,200 for the issuance of a new recreational residence permit due to a change in ownership of the recreational residence. Permits the Secretary, beginning ten years after enactment of this Act, to: (1) retain and expend any fees collected under this Act, without further appropriation, and (2) use them to administer the recreational residence program and other recreation programs carried out on System land. Repeals the Cabin User Fees Fairness Act of 2000, effective on the date the annual permit fees are first assessed under this Act. | {"src": "billsum_train", "title": "Cabin Fee Act of 2014"} | 1,654 | 307 | 0.631338 | 1.978612 | 0.803797 | 4.262774 | 5.244526 | 0.912409 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Students Act''.
SEC. 2. INCREASING SUPPORT FOR WORKING STUDENTS BY 35 PERCENT.
(a) Dependent Students.--Section 475(g)(2)(D) of the Higher
Education Act of 1965 (20 U.S.C. 1087oo(g)(2)(D)) is amended to read as
follows:
``(D) an income protection allowance (or a
successor amount prescribed by the Secretary under
section 478) of $9,010 for academic year 2018-2019;''.
(b) Independent Students Without Dependents Other Than a Spouse.--
Section 476(b)(1)(A)(iv) of the Higher Education Act of 1965 (20 U.S.C.
1087pp(b)(1)(A)(iv)) is amended to read as follows:
``(iv) an income protection allowance (or a
successor amount prescribed by the Secretary
under section 478)--
``(I) for single or separated
students, or married students where
both are enrolled pursuant to
subsection (a)(2), of $14,010 for
academic year 2018-2019; and
``(II) for married students where 1
is enrolled pursuant to subsection
(a)(2), of $22,460 for academic year
2018-2019;''.
(c) Independent Students With Dependents Other Than a Spouse.--
Section 477(b)(4) of the Higher Education Act of 1965 (20 U.S.C.
1087qq(b)(4)) is amended to read as follows:
``(4) Income protection allowance.--The income protection
allowance is determined by the following table (or a successor
table prescribed by the Secretary under section 478), for
academic year 2018-2019:
``Income Protection Allowance
----------------------------------------------------------------------------------------------------------------
Family Size Number in College
----------------------------------------------------------------------------------------------------------------
For each
(including 1 2 3 4 5 additional
student) subtract:
----------------------------------------------------------------------------------------------------------------
2 $35,470 $29,410 $6,030
3 44,170 38,130 $32,070
4 54,540 45,490 42,450 $36,370
5 64,360 58,280 52,240 46,190 $40,160
6 75,260 69,210 63,190 57,090 51,070
For each
additional
add: 8,500 ''.
----------------------------------------------------------------------------------------------------------------
(d) Updated Tables and Amounts.--Section 478(b) of the Higher
Education Act of 1965 (20 U.S.C. 1087rr(b)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) In general.--For each academic year after
academic year 2018-2019, the Secretary shall publish in
the Federal Register a revised table of income
protection allowances for the purpose of sections
475(c)(4) and 477(b)(4), subject to subparagraphs (B)
and (C).
``(B) Table for independent students.--For each
academic year after academic year 2018-2019, the
Secretary shall develop the revised table of income
protection allowances by increasing each of the dollar
amounts contained in the table of income protection
allowances under section 477(b)(4) by a percentage
equal to the estimated percentage increase in the
Consumer Price Index (as determined by the Secretary
for the most recent calendar year ending prior to the
beginning of the academic year for which the
determination is being made), and rounding the result
to the nearest $10.''; and
(2) in paragraph (2), by striking ``shall be developed''
and all that follows through the period at the end and
inserting ``shall be developed for each academic year after
academic year 2018-2019, by increasing each of the dollar
amounts contained in such section for academic year 2018-2019
by a percentage equal to the estimated percentage increase in
the Consumer Price Index (as determined by the Secretary for
the most recent calendar year ending prior to the beginning of
the academic year for which the determination is being made),
and rounding the result to the nearest $10.''.
(e) Effective Date.--The amendments made by this section shall take
effect beginning on July 1, 2018, and shall apply to grant and award
determinations made under title IV of the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) beginning with the 2018-2019 award year. | Working Students Act This bill amends the Higher Education Act of 1965 to modify the income protection allowance levels used to calculate a student's expected family contribution and need for financial assistance. (An income protection allowance is an amount for basic living expenses that is protected from being considered income available for postsecondary educational expenses.) | {"src": "billsum_train", "title": "Working Students Act"} | 1,132 | 67 | 0.502467 | 1.161306 | 0.400823 | 1.566667 | 14.183333 | 0.633333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Visa Reform Act''.
SEC. 2. ACCREDITATION REQUIREMENT FOR COLLEGES AND UNIVERSITIES.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended--
(1) in paragraph (15)(F)(i)--
(A) by striking ``section 214(l) at an established
college, university, seminary, conservatory, academic
high school, elementary school, or other academic
institution or in an accredited language training
program in the United States'' and inserting ``section
214(m) at an accredited college, university, or
language training program, or at an established
seminary, conservatory, academic high school,
elementary school, or other academic institution in the
United States''; and
(B) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(2) by amending paragraph (52) to read as follows:
``(52) Except as provided in section 214(m)(4), the term
`accredited college, university, or language training program' means a
college, university, or language training program that is accredited by
an accrediting agency recognized by the Secretary of Education.''.
SEC. 3. OTHER REQUIREMENTS FOR ACADEMIC INSTITUTIONS.
Section 214(m) of the Immigration and Nationality Act (8 U.S.C.
1184(m)) is amended by adding at the end the following:
``(3) The Secretary of Homeland Security, in the Secretary's
discretion, may require accreditation of an academic institution
(except for seminaries or other religious institutions) for purposes of
section 101(a)(15)(F) if--
``(A) that institution is not already required to be
accredited under section 101(a)(15)(F)(i);
``(B) an appropriate accrediting agency recognized by the
Secretary of Education is able to provide such accreditation;
and
``(C) the institution has or will have 25 or more alien
students accorded status as nonimmigrants under clause (i) or
(iii) of section 101(a)(15)(F) pursuing a course of study at
that institution.
``(4) The Secretary of Homeland Security, in the Secretary's
discretion, may waive the accreditation requirement in section
101(a)(15)(F)(i) with respect to an established college, university, or
language training program if the academic institution--
``(A) is otherwise in compliance with the requirements of
such section; and
``(B) is making a good faith effort to satisfy the
accreditation requirement.
``(5)(A) No person convicted of an offense referred to in
subparagraph (B) shall be permitted by any academic institution having
authorization for attendance by nonimmigrant students under section
101(a)(15)(F)(i) to be involved with the institution as its principal,
owner, officer, board member, general partner, or other similar
position of substantive authority for the operations or management of
the institution, including serving as an individual designated by the
institution to maintain records required by the Student and Exchange
Visitor Information System established under section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372).
``(B) An offense referred to in this subparagraph includes a
violation, punishable by a term of imprisonment of more than 1 year, of
any of the following:
``(i) Chapter 77 of title 18, United States Code (relating
to peonage, slavery and trafficking in persons).
``(ii) Chapter 117 of title 18, United States Code
(relating to transportation for illegal sexual activity and
related crimes).
``(iii) Section 274 of the Immigration and Nationality Act
(8 U.S.C. 1324) (relating to unlawful bringing of aliens into
the United States).
``(iv) Section 1546 of title 18, United States Code
(relating to fraud and misuse of visas, permits, and other
documents) relating to an academic institution's participation
in the Student and Exchange Visitor Program.''.
SEC. 4. CONFORMING AMENDMENT.
Section 212(a)(6)(G) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(G)) is amended by striking ``section 214(l)'' and
inserting ``section 214(m)''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by sections 2 and 3--
(1) shall take effect on the date that is 180 days after
the date of the enactment of this Act; and
(2) shall apply with respect to applications for a
nonimmigrant visa under section 101(a)(15)(F)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i))
that are filed on or after the effective date described in
paragraph (1).
(b) Temporary Exception.--
(1) In general.--During the 3-year period beginning on the
date of enactment of this Act, an alien seeking to enter the
United States to pursue a course of study at a college or
university that has been certified by the Secretary of Homeland
Security may be granted a nonimmigrant visa under clause (i) or
clause (iii) of section 101(a)(15)(F) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)) without regard to
whether or not that college or university has been accredited
or been denied accreditation by an entity described in section
101(a)(52) of such Act (8 U.S.C. 1101(a)(52)), as amended by
section 2(2) of this Act.
(2) Additional requirement.--An alien may not be granted a
nonimmigrant visa under paragraph (1) if the college or
university to which the alien seeks to enroll does not--
(A) submit an application for the accreditation of
such institution to a regional or national accrediting
agency recognized by the Secretary of Education on or
before the date that is 1 year after the effective date
described in subsection (a)(1); and
(B) comply with the applicable accrediting
requirements of such agency.
Passed the House of Representatives August 1, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Student Visa Reform Act - Amends the Immigration and Nationality Act to require that a person coming to study at a college, university, or language training program in the United States under a nonimmigrant student F-visa must attend an institution that is accredited by an accrediting agency recognized by the Secretary of Education.
Authorizes the Secretary of Homeland Security (DHS) to require academic institutions (exempts seminaries or other religious institutions) to be similarly accredited for F-visa purposes if: (1) the institution is not already required to be accredited, (2) an accrediting agency recognized by the Secretary of Education is able to provide such accreditation, and (3) 25 or more F-visa foreign students are or will be pursuing a course of study at the institution.
Authorizes the Secretary of Homeland Security to waive the accreditation requirement for an established college, university, or language training program that is otherwise in compliance with F-visa provisions and is making a good faith effort to satisfy the accreditation requirement.
Prohibits a person convicted of certain felony offenses, including human trafficking or visa fraud relating to an academic institution's participation in the Student and Exchange Visitor Program (SEVP), from having subsequent ownership or substantial authority at an academic institution participating in SEVP.
Provides a three-year exemption for students coming to study at a college or university that has been certified by the Secretary of Homeland Security but not yet accredited or denied accreditation by an accrediting agency. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to require accreditation of certain educational institutions for purposes of a nonimmigrant student visa, and for other purposes."} | 1,487 | 327 | 0.651823 | 1.943508 | 0.944736 | 3.943262 | 4.411348 | 0.879433 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historically Women's Public Colleges
or Universities Historic Building Restoration and Preservation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historically women's public college or university.--The
term ``historically women's public college or university''
means a public institution of higher education created in the
United States between 1836 and 1908 to provide industrial
education for women, including the institutions listed in
clauses (i) though (viii) of section 3(d)(2)(A).
(2) Historic building or structure.--The term ``historic
building or structure'' means a building or structure listed
(or eligible to be listed) on the National Register of Historic
Places, designated as a National Historic Landmark, or located
within a designated historic district.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AND
STRUCTURES AT HISTORICALLY WOMEN'S PUBLIC COLLEGES OR
UNIVERSITIES.
(a) Authority To Make Grants.--
(1) In general.--From amounts made available under
paragraph (2), the Secretary shall award grants in accordance
with this section to historically women's public colleges or
universities for the preservation and restoration of historic
buildings and structures on their campuses.
(2) Source of funding.--Grants under paragraph (1) shall be
awarded from amounts appropriated to carry out the National
Historic Preservation Act (16 U.S.C. 470 et seq.) for fiscal
years 2002 through 2006.
(b) Grant Conditions.--Grants made under subsection (a) shall be
subject to the condition that the grantee agree, for the period of time
specified by the Secretary, that--
(1) no alteration will be made in the property with respect
to which the grant is made without the concurrence of the
Secretary; and
(2) reasonable public access to the property for which the
grant is made will be permitted by the grantee for interpretive
and educational purposes.
(c) Matching Requirement for Buildings and Structures Listed on the
National Register of Historic Places.--
(1) In general.--Except as provided by paragraph (2), the
Secretary may obligate funds made available under this section
for a grant with respect to a building or structure listed on
the National Register of Historic Places, designated as a
National Historic Landmark, or located within a designated
historic district, only if the grantee agrees to provide for
activities under the grant, from funds derived from non-Federal
sources, an amount equal to 50 percent of the costs of the
program to be funded under the grant with the Secretary
providing 50 percent of such costs under the grant.
(2) In-kind contributions.--In addition to cash outlays and
payments, in-kind contributions of property or personnel
services by non-Federal interests may be used for the non-
Federal share of costs required by paragraph (1).
(d) Funding Provisions.--
(1) Amounts to be made available.--Not more than
$16,000,000 for each of the fiscal years 2002 through 2006 may
be made available under this section.
(2) Allocations for fiscal year 2002.--
(A) In general.--Of the amounts made available
under this section for fiscal year 2002, there shall be
available only for grants under subsection (a)
$2,000,000 for each of the following:
(i) Mississippi University for Women in
Colombus, Mississippi.
(ii) Georgia College and State University
in Milledgeville, Georgia.
(iii) University of North Carolina in
Greensboro, North Carolina.
(iv) Winthrop University in Rock Hill,
South Carolina.
(v) University of Montevallo in Montevallo,
Alabama.
(vi) Texas Woman's University in Denton,
Texas.
(vii) University of Science and Arts of
Oklahoma in Chickasha, Oklahoma.
(viii) Wesleyan College in Macon, Georgia.
(B) Less than $16,000,000 available.--If less than
$16,000,000 is made available under this section for
fiscal year 2002, then the amount made available to
each of the institutions listed in subparagraph (A)
shall be reduced by the same amount.
(3) Allocations for fiscal years 2003-2006.--Any funds
which are made available during fiscal years 2003 through 2006
under subsection (a)(2) shall be distributed by the Secretary
in accordance with the provisions of subparagraphs (A) and (B)
of paragraph (2) to those grantees named in paragraph (2)(A)
which remain eligible and desire to participate, on a uniform
basis, in such fiscal years.
(e) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out this Act. | Historically Women's Public Colleges or Universities Historic Building Restoration and Preservation Act - Directs the Secretary of the Interior to award grants to historically women's public colleges or universities for the preservation and restoration of historic buildings and structures on their campuses. Specifies eight institutions to receive such grants in FY 2002. | {"src": "billsum_train", "title": "To provide for the preservation and restoration of historic buildings at historically women's public colleges or universities."} | 1,072 | 65 | 0.599636 | 1.369344 | 1.134727 | 4.910714 | 17.071429 | 0.910714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voters' Bill of Rights for the 21st
Century''.
SEC. 2. SENSE OF CONGRESS REGARDING RIGHTS OF AMERICAN VOTERS.
It is the sense of Congress that American voters in the 21st
century should be entitled to the following rights:
(1) The right to a ballot format that permits clear
identification of candidates and the accurate implementation of
voter's preferences in the selection of candidates.
(2) The right in the Information Age to use a technology to
select candidates that is fair and user friendly.
(3) The right to vote in a manner not prejudiced by media
announcements of election results in time zones where the polls
have closed or when races are too close to call.
(4) The right to vote in a manner not subject to
intimidation.
(5) The right of members of the uniformed service and
civilians who vote by absentee ballot to have their votes
counted on Election Day.
(6) The right to have a uniform statewide standard for
counting and recounting all votes.
(7) The right to have an Electoral College which reflects
the preferences of voters in a fair and accurate manner.
(8) The right to have complaints about elections and
election contests resolved fairly, accurately, and efficiently.
(9) The right to vote on a day of the week which maximizes
voter turnout.
(10) The right to make the most informed decision on
Election Day.
TITLE I--21ST CENTURY BIPARTISAN ELECTORAL COMMISSION
SEC. 101. ESTABLISHMENT; PURPOSE.
(a) Establishment.--There is hereby established the 21st Century
Bipartisan Electoral Commission (hereafter in this Act referred to as
the ``Commission'').
(b) Purpose.--It is the purpose of the Commission to protect and
enforce the rights described in section 2 by carrying out the duties
specified under this title.
SEC. 102. MEMBERSHIP; APPOINTMENT.
(a) Membership.--The Commission shall be composed of 20 members
with the qualifications described in subsection (b), who shall be
appointed as follows:
(1) 5 shall be appointed by the majority leader of the
House of Representatives, of whom not more than 2 may be
elected officials and not fewer than 3 shall be individuals who
are not officers or employees of the Federal Government.
(2) 5 shall be appointed by the minority leader of the
House of Representatives, of whom not more than 2 may be
elected officials and not fewer than 3 shall be individuals who
are not officers or employees of the Federal Government.
(3) 5 shall be appointed by the majority leader of the
Senate, of whom not more than 2 may be elected officials and
not fewer than 3 shall be individuals who are not officers or
employees of the Federal Government.
(4) 5 shall be appointed by the minority leader of the
Senate, of whom not more than 2 may be elected officials and
not fewer than 3 shall be individuals who are not officers or
employees of the Federal Government.
(b) Qualifications of Members.--
(1) In general.--Members shall be appointed from among
individuals who have expertise in Federal and State election
laws, the United States Constitution, voting rights, voting
technology or other pertinent qualifications or experience.
(2) Other considerations.--In appointing members of the
Commission, every effort shall be made to ensure that the
members represent a broad cross section of regional and
demographic perspectives in the United States.
(c) Period of Appointment; Vacancies.--(1) Members of the
Commission shall be appointed not later than 60 days after the date of
enactment of this Act. Appointments shall be for the life of the
Commission.
(2) Any vacancy in the Commission shall not affect the powers of
the Commission, and shall be filled in the same manner as the original
appointment.
(d) Chair and Vice Chair.--The members of the Commission shall
elect a chair and vice chair from among the members of the Commission,
except that the chair and vice chair may not belong to the same
political party.
(e) Schedule of Meetings and Hearings.--The Commission shall hold
meetings and hearings under such schedule as the chair may determine in
consultation with the vice chair.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
SEC. 103. DUTIES.
(a) In General.--The duties of the Commission shall be as follows:
(1) The Commission shall develop a uniform ballot format
for Presidential elections that is clear, accurate, and
presents candidates in a readily recognizable way. The ballot
must be easy to use for all age groups and America's diverse
population.
(2) The Commission shall evaluate existing voting
technologies to determine their accuracy and effectiveness in
reflecting voter's intentions and report back to Congress on
the results with the intent of utilizing the most effective
methods in future elections.
(3) The Commission shall make recommendations to Congress
about the feasibility of a Federal matching grant program for
States to implement changes in ballot formats and to purchase
new, more accurate, and user-friendly voting machines and
tabulation technologies.
(4) The Commission shall make recommendations about a
method of voter identification to ensure accurate recognition
of voters, while insuring that no voter is subject to
intimidation of any kind in casting votes.
(5) The Commission shall establish, in consultation with
the Secretary of Defense and the Postmaster General of the
United States, standards for military voting that address
issues of postmarks, witnessing, and time of receipt of ballots
to ensure that the votes of members of the uniformed services
are counted on Election Day.
(6) The Commission shall establish standards for civilian
absentee ballots that address issues of voter identification,
witnessing, and time of receipt to ensure that these ballots
are counted on Election Day.
(7) The Commission shall make recommendations to establish
a uniform poll closing time.
(8) The Commission shall make recommendations on the
appropriateness of changing Election Day in Presidential
election years to the first Sunday in November to increase
voter participation.
(9) The Commission shall reassess the electoral college and
evaluate strategies to better reflect voters intentions across
the country for electing the President and Vice President in
the 21st century, whether by leaving the current provisions
unchanged, using only the direct popular vote, using
proportional electoral college votes depending on the popular
vote in each State, or by such other strategies as it may
consider.
(10) The Commission shall examine State laws to determine
whether or not each State has a uniform statewide standard for
vote tabulation, protests, and contests of national, State, and
local elections which would protect against equal protection
violations under the Constitution.
(11) The Commission shall make recommendations on
conducting a 21st Century Voter Education Campaign to make its
recommendations and the implementation of those recommendations
available to the public through a variety of media.
(b) Consultation With Officials.--In carrying out its duties under
this section, the Commission shall seek guidance from the governors of
the States and from State and local election officials.
SEC. 104. FINAL REPORT.
(a) In General.--Not later than 24 months after the date of the
initial meeting of the Commission, the Commission shall submit to the
President and the Congress a final report including--
(1) the findings and conclusions of the Commission with
respect to each duty specified under section 103(a); and
(2) recommendations for addressing the problems identified
as part of the Commission's analysis.
(b) Separate Views.--Any member of the Commission may submit
additional findings and recommendations as part of the final report.
SEC. 105. POWERS.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission may find advisable to fulfill the
requirements of this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the chairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 106. COMMISSION PERSONNEL MATTERS.
(a) Compensation.--Members of the Commission shall serve without
pay, but shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while away
from their homes or regular places of business in the performance of
services for the Commission.
(b) Staff.--(1) The chairperson of the Commission may appoint staff
of the Commission, request the detail of Federal employees, and accept
temporary and intermittent services in accordance with section 3161 of
title 5, United States Code.
(2) The employment of an executive director of the Commission shall
be subject to the approval of the Commission.
(3) The rate of pay for the executive director and other personnel
of the Commission may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
SEC. 107. SUPPORT SERVICES.
The Administrator of General Services shall provide to the
Commission on a reimbursable basis such administrative support services
as the Commission may request.
SEC. 108. WEBSITE.
The Commission shall establish and operate a website to facilitate
public comment on and participation in its activities.
SEC. 109. TERMINATION.
The Commission shall terminate not later than 30 days after the
date the Commission submits its final report under section 104.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 for the
Commission to carry out this Act, to remain available for the first 3
fiscal years which begin after the date of the enactment of this Act.
TITLE II--REVIEW OF ROLE OF MEDIA
SEC. 201. SENSE OF CONGRESS REGARDING VOLUNTARY AGREEMENT ON ELECTION
REPORTING BY MEDIA.
It is the sense of Congress that broadcasters and other members of
the media should review and take steps to strengthen their
participation in the voluntary agreement on election reporting
described in the report entitled ``Single Poll Closing Time for
Presidential General Elections in the Continental United States'' (Part
1 of House Report 101-15, One Hundred First Congress, as printed on
March 23, 1989). | Title I: 21st Century Bipartisan Electoral Commission
- Establishes the 21st Century Bipartisan Electoral Commission to: (1) develop a uniform ballot format for presidential elections that is clear, accurate, and presents candidates in a readily recognizable way and that is easy to use for all age groups and America's diverse population; (2) evaluate existing voting technologies to determine their accuracy and effectiveness in reflecting voter's intentions; (3) make recommendations on the feasibility of a Federal matching grant program for States to implement changes in ballot formats and to purchase new, more accurate, and user-friendly voting machines and tabulation technologies; (4) make recommendations about a method of voter identification to ensure accurate recognition of voters, while insuring that no voter is subject to intimidation of any kind in casting votes; (5) establish standards for military voting that address issues of postmarks, witnessing, and time of receipt of ballots to ensure that the votes of members of the uniformed services are counted on Election Day; (6) establish standards for civilian absentee ballots that address issues of voter identification, witnessing, and time of receipt to ensure that these ballots are counted on Election Day; (7) make recommendations to establish a uniform poll closing time; (8) make recommendations on the appropriateness of changing Election Day in presidential election years to the first Sunday in November to increase voter participation; (9) reassess the electoral college and evaluate strategies to better reflect voters intentions across the country for electing the President and Vice President; (10) examine State laws to determine whether or not each State has a uniform statewide standard for vote tabulation, protests, and contests of national, State, and local elections which would protect against equal protection violations under the Constitution; and (11) make recommendations on conducting a 21st Century Voter Education Campaign publicizing its recommendations.
Directs the Commission to establish and operate a website to facilitate public comment on and participation in its activities.
Authorizes appropriations.
Title II: Review of Role of Media
- Expresses the sense of Congress that broadcasters and other members of the media should review and take steps to strengthen their participation in the voluntary agreement on election reporting described in the report entitled "Single Poll Closing Time for Presidential General Elections in the Continental United States." | {"src": "billsum_train", "title": "Voters' Bill of Rights for the 21st Century"} | 2,317 | 494 | 0.61283 | 1.893238 | 0.67717 | 6.979499 | 4.95672 | 0.979499 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DTV Border Fix Act of 2008''.
SEC. 2. CONTINUATION OF ANALOG BROADCASTING ALONG COMMON BORDER WITH
MEXICO.
Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C.
309(j)(14)) is amended by adding at the end the following:
``(D) Continuation of analog broadcasting along
common border with mexico.--
``(i) In general.--Notwithstanding any
other provision of this section, any television
station that has been granted a full-power
television broadcast license that authorizes
analog television service prior to February 17,
2009, that is licensed by the Commission to
serve communities located within 50 miles of
the United States common border with Mexico,
and that can establish to the satisfaction of
the Commission that such station's continued
broadcasting of television service in analog is
in the public interest, shall during the period
beginning on the date of enactment of the DTV
Border Fix Act of 2008, and ending February 17,
2013--
``(I) be entitled to the renewal of
such station's television broadcast
license authorizing analog television
service; and
``(II) operate such television
service on a channel between 2 and 51.
``(ii) Conditions.--The rights, privileges,
and obligations described under clause (i)
shall only be extended if the following
requirements are satisfied:
``(I) Any channel used for the
distribution of analog television
service shall not--
``(aa) prevent the auction
of recovered spectrum pursuant
to paragraph (15);
``(bb) prevent the use of
recovered spectrum for any
public safety service pursuant
to section 337(a)(1);
``(cc) encumber or
interfere with any channel
reserved for public safety use,
as such channels are designated
in ET Docket No. 97-157; and
``(dd) prevent the
Commission from considering or
granting a request for waiver
submitted for public safety
service prior to the date of
enactment of the DTV Border Fix
Act of 2008.
``(II) Each station described in
clause (i) operates on its assigned
analog channel, as of February 16,
2009, if such channel--
``(aa) is between 2 and 51;
``(bb) has not previously
been assigned to such station
or any another station for
digital operation after the
digital transition required
under subparagraph (A); and
``(cc) could be used by
such station for broadcasting
analog television service after
the digital transition required
under subparagraph (A) without
causing interference to any
previously authorized digital
television stations.
``(III) If such station does not
meet the requirements under subclause
(II) for operation on its assigned
analog channel, as of February 16,
2009, such station may request, and the
Commission shall promptly act upon such
request, to be assigned a new channel
for broadcasting analog television
service, provided that such newly
requested channel shall--
``(aa) be between channels
2 and 51; and
``(bb) allow such station
to operate on a primary basis
without causing interference
to--
``(AA) any other
analog or digital
television station; or
``(BB) any station
licensed to operate in
any other radio service
that also operates on
channels between 2 and
51.
``(iii) Mutually exclusive applications.--
If mutually exclusive applications are
submitted for the right to use a channel in
order to broadcast analog television service
pursuant to this subparagraph, the Commission
shall--
``(I) award the authority to use
such channel for such purpose through
the application of the procedures
established under this section; and
``(II) give due consideration to
any resolution procedures established
by the Commission.
``(E) Limitation on extension of certain
licenses.--The commission shall not extend or renew a
full-power television broadcast license that authorizes
analog television service on or after February 17,
2013.''.
Passed the Senate August 1, 2008.
Attest:
NANCY ERICKSON,
Secretary. | DTV Border Fix Act of 2008 - Amends the Communications Act of 1934 to allow the renewal of a full-power analog television broadcasting license through February 17, 2013, for stations located within 50 miles of the U.S. border with Mexico, provided certain requirements are met, including that the renewal does not: (1) prevent the auction of recovered spectrum; (2) encumber or interfere with any channel reserved for public safety use; and (3) prevent the Federal Communications Commission (FCC) from considering or granting a request for waiver submitted for public safety service prior to enactment of this Act.
Requires the FCC, if mutually exclusive applications are submitted to use a channel under the amendments made by this Act, to award the authority to use the channel through competitive bidding under existing procedures.
Prohibits the FCC from extending or renewing a full-power television broadcast license that authorizes analog service on or after February 17, 2013. | {"src": "billsum_train", "title": "A bill to address the digital television transition in border states."} | 911 | 204 | 0.677755 | 1.786474 | 0.87963 | 2.877778 | 4.927778 | 0.9 |
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``California Coastal
National Monument Expansion Act of 2012''.
(b) Definitions.--In this Act:
(1) Map.--The term ``map'' means the map created by the
Bureau of Land Management, entitled ``California Coastal
National Monument Addition'' and dated September 15, 2012.
(2) Monument.--The term ``Monument'' means the California
Coastal National Monument established by Presidential
Proclamation 7264.
(3) Point arena-stornetta public lands.--The term ``Point
Arena-Stornetta Public Lands'' means the Federal land
comprising approximately 1,255 acres in Mendocino County,
California, as generally depicted on the map.
(4) Presidential proclamation 7264.--The term
``Presidential Proclamation 7264'' means Presidential
Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg.
2821).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the Point Arena-Stornetta Public Lands contain
significant natural resources, including important wildlife
habitat, several riparian corridors, extensive wetlands, ponds
and other water sources, cypress groves, meadows, and sand
dunes that should be preserved for present and future
generations;
(2) the ocean and coastal ecosystems adjacent to the Point
Arena-Stornetta Public Lands are internationally recognized as
significant centers of coastal upwelling that support the
diverse, abundant, and productive marine ecosystems and
wildlife underlying the local economy and identity of coastal
communities;
(3) the Point Arena-Stornetta Public Lands tell an
important story about the coastal prehistory and history of
California in the context of the surrounding region and
communities;
(4) the coastal area surrounding the Point Arena-Stornetta
Public Lands was traditionally used by Indian people, including
the Pomo Indian tribes;
(5) the Point Arena-Stornetta Public Lands are historically
associated with adjacent land managed for the enjoyment of
current and future generations, including the Arena Rock Marine
Natural Preserve, and Manchester Beach State Park;
(6) the Point Arena-Stornetta Public Lands represent a
model partnership where future management can be successfully
accomplished among the Federal Government, State of California,
Mendocino County, local communities, and private groups;
(7) permanent protection of the Point Arena-Stornetta
Public Lands will provide important economic benefits to
surrounding communities, and has broad public support;
(8) the Point Arena-Stornetta Public Lands would make a
significant addition to the California Coastal National
Monument and National Landscape Conservation System
administered by the Bureau of Land Management of the Department
of the Interior; and
(9) statutory protection is necessary to ensure that the
Point Arena-Stornetta Public Lands remain a part of the
historical, cultural, and natural heritage of the United States
and a source of inspiration for the people of the United
States.
(b) Purpose.--The purpose of this Act is to protect, conserve, and
enhance for the benefit and enjoyment of present and future generations
the unique and nationally important historical, natural, cultural,
scientific, educational, scenic, and recreational values of the Point
Arena-Stornetta Public Lands, while allowing certain recreational and
research activities to continue.
SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT.
(a) In General.--The boundary of the Monument established by
Presidential Proclamation 7264 is expanded to include the Federal land
shown on the map.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives
a map and boundary description of land added to the Monument by
this Act.
(2) Force and effect.--The map and boundary description
filed under paragraph (1) shall have the same force and effect
as if included in this Act, except that the Secretary may
correct any minor errors in the map and boundary descriptions.
(3) Availability of map and boundary description.--The map
and boundary description filed under paragraph (1) shall be on
file and available for public inspection in appropriate offices
of the Bureau of Land Management.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall manage the land added to the
Monument by this Act--
(1) as a part of the Monument; and
(2) in accordance with Presidential Proclamation 7264.
(b) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall finalize an
amendment to the Monument management plan for the long-term
protection and management of the land added to the Monument by
this Act.
(2) Requirements.--The plan amendment shall--
(A) be developed with an opportunity for full
public participation; and
(B) describe the appropriate uses and management of
the land consistent with this Act.
(c) Motorized and Mechanized Transport.--Except as needed for
emergency or authorized administrative purposes, the use of motorized
and mechanized vehicles in the Monument shall be permitted only on
roads and trails designated for that use.
(d) Incorporation of Land and Interests.--
(1) Authority.--The Secretary may acquire non-Federal land
or interests in land within or adjacent to the land added to
the Monument by this Act only through exchange, donation, or
purchase from a willing seller.
(2) Management.--Any land or interests in land within or
adjacent to the land added to the Monument by this Act acquired
by the United States after the date of enactment of this Act
shall be added to and administered as part of the Monument.
(e) Overflights.--Nothing in this Act--
(1) restricts or precludes overflights, including low-level
overflights or military, commercial, and general aviation
overflights that can be seen or heard within the land added to
the Monument by this Act;
(2) restricts or precludes the designation or creation of
new units of special use airspace or the establishment of
military flight training routes over the land added to the
Monument by this Act; or
(3) modifies regulations governing low-level overflights
above the adjacent Gulf of the Farallones National Marine
Sanctuary.
(f) Law Enforcement.--Nothing in this Act effects the law
enforcement authorities of the Department of Homeland Security.
(g) Native American Uses.--Nothing in this Act enlarges,
diminishes, or modifies the rights of any Indian tribe or Indian
religious community.
(h) Buffer Zones.--
(1) In general.--The expansion of the Monument is not
intended to lead to the establishment of protective perimeters
or buffer zones around the land included in the Monument by
this Act.
(2) Activities outside the monument.--The fact that
activities outside the Monument can be seen or heard within the
land added to the Monument by this Act shall not, of itself,
preclude those activities or uses up to the boundary of the
Monument.
(i) Grazing.--Nothing in this Act affects the grazing of livestock
within the Point Arena-Stornetta Public Lands.
(j) National Landscape Conservation System.--The Secretary shall
manage the Monument as part of the National Landscape Conservation
System. | California Coastal National Monument Expansion Act of 2012 - Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Point Arena-Stornetta public lands in Mendocino County, California.
Requires management of such lands: (1) in accordance with such Proclamation, and (2) as part of the Monument.
Instructs the Secretary of the Interior to finalize an amendment to the Monument's management plan for the long-term protection and management of the lands added to the Monument under this Act.
Permits the use of motorized and mechanized vehicles in the Monument only on roads and trails designated for their use.
Specifies this Act's effect on: (1) aviation overflights, special use airspace, or military flight training routes; (2) low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary; (3) Department of Homeland Security (DHS) law enforcement authorities; (4) the rights of Indian tribes and Indian religious communities; (5) protective perimeters and buffer zones; and (6) livestock grazing.
Requires management of the Monument as part of the National Landscape Conservation System. | {"src": "billsum_train", "title": "A bill to include the Point Arena-Stornetta Public Lands in the California Coastal National Monument as a part of the National Landscape Conservation System, and for other purposes."} | 1,702 | 262 | 0.553463 | 1.608873 | 0.797661 | 3.5 | 6.683036 | 0.946429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Ensure Long-Term Protection
for Coal Miners Health Care Act of 2017'' or the ``HELP for Coal Miners
Health Care Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over the 8 years preceding the date of the introduction
of this Act, the coal industry and the communities supported by
that industry have struggled, in large part due to
overregulation.
(2) Excessive regulation has, in large part, made coal more
expensive to mine and use and has put it at an unfair
disadvantage in the marketplace.
(3) Because of these struggles--
(A) the coal mining industry has lost over 30,000
jobs since President Obama's inauguration;
(B) over 600 coal mines have shuttered since
President Obama's inauguration;
(C) more than 25 coal mining companies have filed
for bankruptcy since President Obama's inauguration;
(D) Kentucky alone has lost over 10,000 coal mining
jobs since President Obama's inauguration; and
(E) the total number of operating coal mines has
hit its lowest point on record.
(4) Because of the health risks often associated with
mining, robust health benefits are vital to coal miner
retirees; however, coal company bankruptcies, job cuts, and
closures have exhausted the ability of many coal companies to
continue providing health benefits to retirees and their
dependents.
(5) Congress has stepped in twice before, in 1992 and in
2006, to assist retired miners and to secure their health
benefits. When thousands more were at risk of losing their
benefits at the end of 2016, Congress intervened again to
provide a 4-month extension in health benefits for orphaned
retired miners and their dependents.
(6) While this extension helped prevent the loss of health
benefits for thousands of miners, it did not provide a long-
term solution.
(7) It is necessary to provide a permanent extension of
health care benefits for the orphaned retirees who are at risk
of losing their retirement health benefits at the end of April
2017.
SEC. 3. INCLUSION OF CERTAIN RETIREES IN THE MULTIEMPLOYER HEALTH
BENEFIT PLAN.
(a) In General.--Section 402(h)(2)(C) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)), as amended by
the Further Continuing and Security Assistance Appropriations Act,
2017, is amended--
(1) by striking clauses (ii), (iii), and (iv); and
(2) by inserting after clause (i) the following:
``(ii) Calculation of excess.--The excess
determined under clause (i) shall be calculated
by taking into account only--
``(I) those beneficiaries actually
enrolled in the Plan as of the date of
the enactment of the HELP for Coal
Miners Health Care Act of 2017 who are
eligible to receive health benefits
under the Plan on the first day of the
calendar year for which the transfer is
made, other than those beneficiaries
enrolled in the Plan under the terms of
a participation agreement with the
current or former employer of such
beneficiaries; and
``(II) those beneficiaries whose
health benefits, defined as those
benefits payable, following death or
retirement or upon a finding of
disability, directly by an employer in
the bituminous coal industry under a
coal wage agreement (as defined in
section 9701(b)(1) of the Internal
Revenue Code of 1986), would be denied
or reduced as a result of a bankruptcy
proceeding commenced in 2012 or 2015.
For purposes of subclause (I), a beneficiary
enrolled in the Plan as of the date of the
enactment of the HELP for Coal Miners Health
Care Act of 2017 shall be deemed to have been
eligible to receive health benefits under the
Plan on January 1, 2017.
``(iii) Eligibility of certain retirees.--
Individuals referred to in clause (ii)(II)
shall be treated as eligible to receive health
benefits under the Plan.
``(iv) Requirements for transfer.--The
amount of the transfer otherwise determined
under this subparagraph for a fiscal year shall
be reduced by any amount transferred for the
fiscal year to the Plan, to pay benefits
required under the Plan, from a voluntary
employees' beneficiary association established
as a result of a bankruptcy proceeding
described in clause (ii).''.
(b) Effective Date.--The amendments made by this section shall
apply to fiscal years beginning after September 30, 2016.
(c) GAO Audit.--Not later than 3 years after the date of the
enactment of this Act, and every 3 years thereafter, the Comptroller
General of the United States shall conduct a study of the Multiemployer
Health Benefit Plan described in section 402(h)(2)(C)(i) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)(i))
and shall submit to the appropriate committees of Congress a report
analyzing whether Federal funds are being spent appropriately by such
Plan.
SEC. 4. CLARIFICATION OF FINANCING OBLIGATIONS.
(a) In General.--Subsection (a) of section 9704 of the Internal
Revenue Code of 1986 is amended--
(1) by striking paragraph (3),
(2) by striking ``three premiums'' and inserting ``two
premiums'', and
(3) by striking ``, plus'' at the end of paragraph (2) and
inserting a period.
(b) Conforming Amendments.--
(1) Section 9704 of the Internal Revenue Code of 1986 is
amended--
(A) by striking subsection (d), and
(B) by redesignating subsections (e) through (j) as
subsections (d) through (i), respectively.
(2) Subsection (d) of section 9704 of such Code, as so
redesignated, is amended--
(A) by striking ``3 separate accounts for each of
the premiums described in subsections (b), (c), and
(d)'' in paragraph (1) and inserting ``2 separate
accounts for each of the premiums described in
subsections (b) and (c)'', and
(B) by striking ``or the unassigned beneficiaries
premium account'' in paragraph (3)(B).
(3) Subclause (I) of section 9703(b)(2)(C)(ii) of such Code
is amended by striking ``9704(e)(3)(B)(i)'' and inserting
``9704(d)(3)(B)(i)''.
(4) Paragraph (3) of section 9705(a) of such Code is
amended--
(A) by striking ``the unassigned beneficiary
premium under section 9704(a)(3) and'' in subparagraph
(B), and
(B) by striking ``9704(i)(1)(B)'' and inserting
``9704(h)(1)(B)''.
(5) Paragraph (2) of section 9711(c) of such Code is
amended--
(A) by striking ``9704(j)(2)'' in subparagraph
(A)(i) and inserting ``9704(i)(2)'',
(B) by striking ``9704(j)(2)(B)'' in subparagraph
(B) and inserting ``9704(i)(2)(B)'', and
(C) by striking ``9704(j)'' and inserting
``9704(i)''.
(6) Paragraph (4) of section 9712(d) of such Code is
amended by striking ``9704(j)'' and inserting ``9704(i)''.
(c) Elimination of Additional Backstop Premium.--
(1) In general.--Paragraph (1) of section 9712(d) of the
Internal Revenue Code of 1986 is amended by striking
subparagraph (C).
(2) Conforming amendment.--Paragraph (2) of section 9712(d)
of such Code is amended--
(A) by striking subparagraph (B),
(B) by striking ``, and'' at the end of
subparagraph (A) and inserting a period, and
(C) by striking ``shall provide for--'' and all
that follows through ``annual adjustments'' and
inserting ``shall provide for annual adjustments''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning after September 30, 2016.
SEC. 5. SENSE OF THE SENATE.
It is the sense of the Senate that Congress should work with the
administration to--
(1) repeal onerous regulations that have contributed to the
downfall of the coal industry; and
(2) support economic growth in Appalachia and other coal
communities by promoting growth-oriented economic development
efforts. | Helping Ensure Long-Term Protection for Coal Miners Health Care Act of 2017 or the HELP for Coal Miners Health Care Act of 2017 This bill amends the Surface Mining Control and Reclamation Act of 1977 (SMCRA) to transfer certain funds to the Multiemployer Health Benefit Plan to provide health benefits to retired coal miners and their families. The bill expands the group whose retiree health benefits are taken into account in determining the amount that the Department of the Treasury must transfer from the Abandoned Mine Reclamation Fund and the General Fund of the Treasury to the Multiemployer Health Benefit Plan. The Government Accountability Office must study the Multiemployer Health Benefit Plan and submit to Congress reports analyzing whether federal funds are being spent appropriately by the plan. The bill amends the Internal Revenue Code to repeal requirements for current and former signatories to labor agreements with the United Mineworkers of America to pay unassigned beneficiaries premiums or backstop premiums if transfers under SMCRA are less than the amount required to be transferred. | {"src": "billsum_train", "title": "Helping Ensure Long-Term Protection for Coal Miners Health Care Act of 2017"} | 2,002 | 229 | 0.548902 | 1.671091 | 0.710514 | 2.513661 | 9.497268 | 0.808743 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rebuilding American Manufacturing
Act of 2012''.
SEC. 2. 20 PERCENT INCOME TAX RATE FOR DOMESTIC MANUFACTURING INCOME.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 200. DOMESTIC MANUFACTURING INCOME.
``(a) Allowance of Deduction.--There shall be allowed as a
deduction an amount equal to 43 percent of the lesser of--
``(1) the domestic manufacturing income of the taxpayer for
the taxable year, or
``(2) taxable income (determined without regard to this
section and section 199) for the taxable year.
``(b) Limitation Based on Domestic Investment.--For purposes of
this section--
``(1) In general.--The amount of the deduction allowable
under subsection (a) for any taxable year shall not exceed 25
percent of the taxpayer's qualifying domestic investment for
the taxable year.
``(2) Qualifying domestic investment amount.--The term
`qualifying domestic investment' means, with respect to any
taxpayer for any taxable year, the sum of--
``(A) the W-2 wages of such taxpayer for such
taxable year,
``(B) the sum of the deductions allowable under
sections 167, 169, 179, and 179D to such taxpayer for
such taxable year, plus
``(C) the deduction allowable under section 174 to
such taxpayer for such taxable year.
``(3) W-2 wages.--The term `W-2 wages' means, with respect
to any person for any taxable year, the sum of the amounts
described in paragraphs (3) and (8) of section 6051(a) paid by
such person with respect to employment of employees by such
person during the calendar year ending during such taxable
year. Such term shall not include any amount which is not
properly included in a return filed with the Social Security
Administration on or before the 60th day after the due date
(including extensions) for such return.
``(4) Limitation to amounts attributable to domestic
production.--The term `qualifying domestic investment' shall
not include any amount which is not properly allocable to
domestic manufacturing gross receipts for purposes of
subsection (c) (and shall include any amount which is so
allocable under subsection (c)(4)).
``(5) Acquisitions and dispositions.--The Secretary shall
provide for the application of this subsection in cases where
the taxpayer acquire, or disposes of, the major portion of a
trade or business or the major portion of a separate unit of a
trade or business during the taxable year.
``(c) Domestic Manufacturing Income.--For purposes of this
section--
``(1) In general.--The term `domestic manufacturing income'
for any taxable year means an amount equal to the excess (if
any) of--
``(A) the taxpayer's domestic manufacturing gross
receipts for such taxable year, over
``(B) the sum of--
``(i) the cost of goods sold that are
allocable to such receipts, and
``(ii) other expenses, losses, or
deductions (other than the deduction allowed
under this section), which are properly
allocable to such receipts.
``(2) Allocation method.--The Secretary shall prescribe
rules for the proper allocation of items described in paragraph
(1) for purposes of determining domestic manufacturing income.
Such rules shall provide for the proper allocation of items
whether or not such items are directly allocable to domestic
manufacturing gross receipts.
``(3) Special rules for determining costs.--
``(A) In general.--For purposes of determining
costs under clause (i) of paragraph (1)(B), any item or
service brought into the United States shall be treated
as acquired by purchase, and its cost shall be treated
as not less than its value immediately after it entered
the United States. A similar rule shall apply in
determining the adjusted basis of leased or rented
property where the lease or rental gives rise to
domestic manufacturing gross receipts.
``(B) Exports for further manufacture.--In the case
of any property described in subparagraph (A) that had
been exported by the taxpayer for further manufacture,
the increase in cost or adjusted basis under
subparagraph (A) shall not exceed the difference
between the value of the property when exported and the
value of the property when brought back into the United
States after the further manufacture.
``(4) Treatment of certain accelerated depreciation
deductions.--In the case of property placed in service after
December 31, 2007, and before the first taxable year of the
taxpayer beginning after December 31, 2012, the deduction under
section 168 with respect to such property which is treated as
properly allocable to domestic manufacturing gross receipts of
the taxpayer for any taxable year shall be determined without
regard to section 168(k)(1).
``(5) Treatment of deferred compensation under nonqualified
plans.--In the case of compensation paid or incurred by the
taxpayer which is deferred under a nonqualified deferred
compensation plan (as defined in section 409A(d)(1)), the
amount under paragraph (1)(B)(ii) shall be determined as though
the deduction for such compensation is allowed for the taxable
year in which the services for which such compensation was paid
or incurred are performed. This paragraph shall not apply with
respect to compensation paid or incurred for services performed
in taxable years beginning before the first taxable year of the
taxpayer beginning after December 31, 2012.
``(d) Domestic Manufacturing Gross Receipts.--For purposes of this
section--
``(1) In general.--The term `domestic manufacturing gross
receipts' means the gross receipts of the taxpayer which are
derived from any lease, rental, license, sale, exchange, or
other disposition of qualified property which was manufactured,
produced, or grown by the taxpayer in whole or in significant
part within the United States. Such term shall not include
gross receipts of the taxpayer which are derived from the sale
of food and beverages prepared by the taxpayer at a retail
establishment.
``(2) Special rule for certain government contracts.--Gross
receipts derived from the manufacture or production of any
property shall not fail to be treated as meeting the
requirements of paragraph (1) solely because title or risk of
loss with respect to such property is held by the Federal
Government if--
``(A) such property is manufactured or produced by
the taxpayer pursuant to a contract with the Federal
Government, and
``(B) the Federal Acquisition Regulation requires
that title or risk of loss with respect to such
property be transferred to the Federal Government
before the manufacture or production of such property
is complete.
``(3) Qualified property.--The term `qualified property'
means--
``(A) any tangible personal property other than--
``(i) oil, gas, and primary products
thereof (within the meaning of section
199(d)(9)(C)),
``(ii) property with respect to which
section 613 applies,
``(iii) property described in paragraph (3)
or (4) of section 168(f), and
``(iv) electricity and potable water, and
``(B) any computer software other than video games
rated M, AO, RP, or any similar rating as determined by
the Secretary, by the Entertainment Software Rating
Board.
``(4) Partnerships owned by expanded affiliated groups.--
For purposes of this subsection, if all of the interests in the
capital and profits of a partnership are owned by members of a
single expanded affiliated group at all times during the
taxable year of such partnership, the partnership and all
members of such group shall be treated as a single taxpayer
during such period.
``(5) Related persons.--
``(A) In general.--The term `domestic manufacturing
gross receipts' shall not include any gross receipts of
the taxpayer derived from property leased, licensed, or
rented by the taxpayer for use by any related person.
``(B) Related person.--For purposes of subparagraph
(A), a person shall be treated as related to another
person if such persons are treated as a single employer
under subsection (a) or (b) of section 52 or subsection
(m) or (o) of section 414, except that determinations
under subsections (a) and (b) of section 52 shall be
made without regard to section 1563(b).
``(e) Special Rules.--
``(1) Elective application of deduction.--Except as
otherwise provided by the Secretary, the taxpayer may elect not
to take any item of income into account as domestic
manufacturing gross receipts for purposes of this section.
``(2) Coordination with section 199.--If a deduction is
allowed under this section with respect to any taxpayer for any
taxable year, any gross receipts of the taxpayer which are
taken into account under this section for such taxable year
(and any items properly allocable thereto under subsections (b)
or (c)) shall not be taken into account under section 199 for
such taxable year.
``(3) Application of section to pass-thru entities.--
``(A) Partnerships and s corporations.--In the case
of a partnership or S corporation--
``(i) this section shall be applied at the
partner or shareholder level,
``(ii) each partner or shareholder shall
take into account such person's allocable share
of each item described in subparagraph (A) or
(B) of subsection (c)(1) (determined without
regard to whether the items described in such
subparagraph (A) exceed the items described in
such subparagraph (B)), and
``(iii) each partner or shareholder shall
be treated for purposes of subsection (b) as
having an amount of each item taken into
account in determining qualifying domestic
investment of the partnership or S corporation
for the taxable year equal to such person's
allocable share of such item (as determined
under regulations prescribed by the Secretary).
``(B) Trust and estates.--In the case of a trust or
estate--
``(i) the items referred to in subparagraph
(A)(ii) (as determined therein) and the
qualifying domestic investment of the trust or
estate for the taxable year, shall be
apportioned between the beneficiaries and the
fiduciary (and among the beneficiaries) under
regulations prescribed by the Secretary, and
``(ii) for purposes of paragraph (4),
adjusted gross income of the trust or estate
shall be determined as provided in section
67(e) with the adjustments described in such
paragraph.
``(C) Regulations.--The Secretary may prescribe
rules requiring or restricting the allocation of items
and qualifying domestic investment under this paragraph
and may prescribe such reporting requirements as the
Secretary determines appropriate.
``(4) Application to individuals.--In the case of an
individual, subsection (a)(2) shall be applied by substituting
`adjusted gross income' for `taxable income'. For purposes of
the preceding sentence, adjusted gross income shall be
determined--
``(A) after application of sections 86, 135, 137,
219, 221, 222, and 469, and
``(B) without regard to this section and section
199.
``(5) Application of other rules.--Rules similar to the
rules of paragraphs (3), (4), (5), (6), (7), and (10) of
section 199(d) shall apply for purposes of this section.''.
(b) Conforming Amendments.--
(1) Section 56(d)(1)(A) of such Code is amended by striking
``deduction under section 199'' both places it appears and
inserting ``deductions under sections 199 and 200''.
(2) Section 56(g)(4)(C) of such Code is amended by adding
at the end the following new clause:
``(vii) Deduction for domestic business
income.--Clause (i) shall not apply to any
amount allowable as a deduction under section
200.''.
(3) The following provisions of such Code are each amended
by inserting ``200,'' after ``199,''.
(A) Section 86(b)(2)(A).
(B) Section 135(c)(4)(A).
(C) Section 137(b)(3)(A).
(D) Section 219(g)(3)(A)(ii).
(E) Section 221(b)(2)(C)(i).
(F) Section 222 (b)(2)(C)(i).
(G) Section 246(b)(1).
(H) Section 469(i)(3)(F)(iii).
(4) Section 163(j)(6)(A)(i) of such Code is amended by
striking ``and'' at the end of subclause (III) and by inserting
after subclause (IV) the following new subclause:
``(V) any deduction allowable under
section 200, and''.
(5) Section 170(b)(2)(C) of such Code is amended by
striking ``and'' at the end of clause (iv), by striking the
period at the end of clause (v) and inserting ``, and'', and by
inserting after clause (v) the following new clause:
``(vi) section 200.''.
(6) Section 172(d) of such Code is amended by adding at the
end the following new paragraph:
``(8) Domestic business income.--The deduction under
section 200 shall not be allowed.''.
(7) Section 199(d)(2)(A) of such Code is amended by
inserting ``200,'' after ``137,''.
(8) Section 613(a) of such Code is amended by striking
``deduction under section 199'' and inserting ``deductions
under sections 199 and 200''.
(9) Section 613A(d)(1) of such Code is amended by
redesignating subparagraphs (C), (D), and (E) as subparagraphs
(D), (E), and (F), respectively, and by inserting after
subparagraph (B) the following new subparagraph:
``(C) any deduction allowable under section 200,''.
(10) Section 1402(a) of such Code is amended by striking
``and'' at the end of paragraph (16), by redesignating
paragraph (17) as paragraph (18), and by inserting after
paragraph (16) the following new paragraph:
``(17) the deduction provided by section 200 shall not be
allowed; and''.
(11) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by adding at the end the
following new item:
``Sec. 200. Domestic manufacturing income.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012. | Rebuilding American Manufacturing Act of 2012 - Amends the Internal Revenue Code to allow taxpayers engaged in domestic manufacturing in the United States a tax deduction equal to 43% of the lesser of their domestic manufacturing income or their taxable income for the taxable year (thus effectively reducing their income tax rate from 35% to approximately 20%). Limits the amount of such deduction to 25% of such taxpayer's qualifying domestic investment (defined as the sum of the taxpayer's W-2 wages and certain allowable tax deductions, excluding any amounts not properly allocable to the taxpayer's domestic manufacturing gross receipts). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce the rate of tax on domestic manufacturing income to 20 percent."} | 3,356 | 131 | 0.630354 | 1.64206 | 0.656957 | 2.089286 | 27.285714 | 0.839286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guaranteed Oil Spill Compensation
Act of 2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.)--
(A) was passed directly in response to the Exxon
Valdez oil spill;
(B) establishes strict liability for parties
responsible for the discharge of oil into navigable
waters, shorelines, or the exclusive economic zone;
(C) establishes liability for damages, including
damages related to all cleanup and removal costs,
natural resources, real or personal property,
subsistence use of natural resources, government
revenues, diminished profit and earning capacity, and
increased public services; and
(D) limits the liability of responsible parties for
damages beyond removal costs by vessel and facility
type;
(2) the annual report of the Coast Guard on liability
limits under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.) for fiscal year 2009 indicates that 51 vessel oil spills
since the date of enactment of that Act caused damages that
exceeded the liability limits for the applicable class of
vessel;
(3) in the Coast Guard and Maritime Transportation Act of
2006 (Public Law 109-241; 120 Stat. 516), Congress increased
the liability limits under the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.) for single- and double-hulled vessels and
gave the Coast Guard the ability to further adjust those limits
for inflation;
(4) the Internal Revenue Service estimated the balance of
the Oil Spill Liability Trust Fund established by section 9509
of the Internal Revenue Code of 1986 to be $1,700,000,000 at
the end of fiscal year 2009, pending resolution of outstanding
claims against the Fund;
(5)(A) the cleanup of the oil spill resulting from the
grounding of the Exxon Valdez on Bligh Reef in Prince William
Sound on March 24, 1989, was declared complete in 1992 by the
Coast Guard and the State of Alaska and cost Exxon
$2,000,000,000;
(B) in a settlement approved by a United States district
court on October 9, 1991, Exxon paid the State of Alaska and
the Federal Government the equivalent of $900,000,000 (made in
annual payment over 10 years) to settle the civil claims
associated with the Exxon Valdez oil spill, of which a portion
was made for reimbursement for cleanup costs;
(C) under a separate settlement of Federal criminal
charges, Exxon also paid $25,000,000 in fines and $100,000,000,
divided equally between the United States and Alaska, as
restitution for criminal conduct by Exxon;
(D) in a case consolidated into the case styled Exxon
Shipping Co. v. Baker (128 S. Ct. 2605 (2008)), a jury awarded
$287,000,000 for damages to private parties and an additional
$5,000,000,000 in punitive damages; and
(E) after nearly 2 decades of appeals, on June 25, 2008,
the Supreme Court issued a judgment limiting punitive damages
to compensatory damages, calculated at $507,500,000, a
reduction to essentially 10 percent of the initial jury award;
(6) as of June 16, 2010, a scientific team under the
direction of Secretary of Energy Steven Chu, Secretary of the
Interior Ken Salazar, and the Chair of the National Incident
Command's Flow Rate Technical Group, Dr. Marcia McNutt
(Director of the United States Geological Survey), announced an
estimated flow rate of between 35,000 and 60,000 barrels per
day of hydrocarbons into the Gulf of Mexico from the Macondo
Prospect well, known as MC 252, resulting from the blowout and
explosion of the mobile offshore drilling unit Deepwater
Horizon that occurred on April 20, 2010, and resulting
hydrocarbon releases into the environment;
(7) that estimate greatly exceeds the estimated 10,800,000
gallons (250,000 barrels) spilled by the grounding of the Exxon
Valdez on Bligh Reef in Prince William Sound on March 24, 1989,
and is now the largest known oil spill in United States waters;
(8) the Gulf Coast region produced 1,273,424,000 pounds of
seafood in 2008 worth $697,591,000 to the fishermen in the Gulf
of Mexico, which is the second most productive fishing region
in the United States, boasting 4 of the top-10 commercial
fishing ports of the United States in Empire-Venice,
Intracoastal City, and Cameron, Louisiana, and Pascagoula-Moss
Point, Mississippi;
(9) recreational fisheries are important to the Gulf Coast
economy, with (according to the National Marine Fisheries
Service) 3,200,000 individuals taking 25,000,000 recreational
fishing trips in the Gulf region in 2008 in which 194,000,000
fish were landed;
(10) as of June 7, 2010, the National Oceanic and
Atmospheric Administration closed 78,264 square miles of the
Gulf of Mexico to fishing, an area equivalent to 32.3 percent
of the total exclusive economic zone of the Gulf; and
(11) commercial sectors employing a wide spectrum of the
Gulf Coast population (including residents involved in tourism,
oil and gas exploration, and a host of support and service
industries) are experiencing a severe economic disruption due
to the blowout and explosion of the mobile offshore drilling
unit Deepwater Horizon that occurred on April 20, 2010, and
resulting hydrocarbon releases into the environment.
SEC. 3. OIL SPILL RECOVERY FUND.
(a) In General.--The Outer Continental Shelf Lands Act is amended
by inserting after section 8 (43 U.S.C. 1337) the following:
``SEC. 8A. OIL SPILL RECOVERY FUND.
``(a) Definition of Fund.--In this section, the term `Fund' means
the Oil Spill Recovery Fund established under subsection (c).
``(b) Coverage of Outstanding Incident Liability.--
``(1) In general.--No person shall be eligible to enter
into any Federal oil or gas lease or contract after the date of
enactment of this section unless the person pays into the Fund,
or posts a bond, in an amount equal to the difference between,
as determined by the Secretary as of the date of the
application for the lease or contract--
``(A) the total of the outstanding liability of the
person under section 1002 of the Oil Pollution Act of
1990 (33 U.S.C. 2702) (without regard to any liability
limit under section 1004 of that Act (33 U.S.C. 2704))
and any removal costs incurred by, or on behalf of, the
person, with respect to any incident occurring before,
on, or after the date of enactment of this section for
which the person has outstanding liability; and
``(B) the outstanding balance in the Oil Spill
Liability Trust Fund established by section 9509 of the
Internal Revenue Code of 1986, that is attributable to
the person.
``(2) No effect on other liability.--Payment into the Fund
or posting of a bond in accordance with paragraph (1) does not,
with respect to the applicable incident--
``(A) limit any civil or criminal liability of the
person; or
``(B) determine or affect an appropriate level of
claims or damages.
``(c) Establishment of Fund.--There is established in the Treasury
of the United States a fund to be known as the `Oil Spill Recovery
Fund' to be administered by the Secretary, to be available without
fiscal year limitation and without being subject to appropriation, for
payment of covered removal costs and damages described in section 1002
of the Oil Pollution Act of 1990 (33 U.S.C. 2702) associated with any
incident.
``(d) Transfers to Fund.--
``(1) In general.--The Fund shall consist of such amounts
as are appropriated to the Fund under paragraph (2).
``(2) Fees.--There are appropriated to the Fund, out of
funds of the Treasury not otherwise appropriated, amounts
equivalent to amounts collected as fees and received in the
Treasury under subsection (b)(1).
``(e) Repayment.--
``(1) In general.--In the case of any person who has paid
into the Fund under subsection (b), on the date described in
paragraph (2), the Secretary shall transfer to the person an
amount equal to--
``(A) the amount of unexpended funds of the person
in the Fund; plus
``(B) any accumulated interest on those funds.
``(2) Date.--The date on which amounts described under
paragraph (1) shall be repaid is the earlier of--
``(A) 5 years after the date on which the amounts
were paid into the Fund; and
``(B) the date on which the Secretary makes a
formal determination that all Federal and State natural
resource damage assessments and all outstanding civil
claims relating to the incident for which the amounts
were paid have been satisfied.
``(f) Prohibition.--Amounts in the Fund may not be made available
for any purpose other than a purpose described in subsection (c).
``(g) Quarterly Reports.--
``(1) In general.--Not later than 4 times during of each
fiscal year beginning with fiscal year 2010, the Secretary
shall submit to the Committee on Appropriations of the House of
Representatives, the Committee on Appropriations of the Senate,
the Committee on Energy and Natural Resources of the Senate,
and the Committee on Resources of the House of Representatives
a report on the operation of the Fund during the fiscal year.
``(2) Contents.--Each report shall include, for the fiscal
year covered by the report, the following:
``(A) A statement of the amounts deposited into the
Fund.
``(B) A description of the expenditures made from
the Fund for the fiscal year, including the purpose of
the expenditures.
``(C) Recommendations for additional authorities to
fulfill the purpose of the Fund.
``(D) A statement of the balance remaining in the
Fund at the end of the fiscal year.
``(E) A statement of amount of outstanding
liability determined under subsection (b) as compared
to the balance remaining in the Oil Spill Liability
Trust Fund established by section 9509 of the Internal
Revenue Code of 1986 at the end of the fiscal year.''.
(b) Separate Appropriations Account.--Section 1105(a) of title 31,
United States Code, is amended--
(1) by redesignating paragraphs (35) and (36) as paragraphs
(36) and (37), respectively;
(2) by redesignating the second paragraph (33) (relating to
obligational authority and outlays requested for homeland
security) as paragraph (35); and
(3) by adding at the end the following:
``(38) a separate statement for the Oil Spill Recovery Fund
established under section 8A(c) of the Outer Continental Shelf
Lands Act, which shall include the estimated amount of deposits
into the Fund, obligations, and outlays from the Fund.''. | Guaranteed Oil Spill Compensation Act of 2010 - Amends the Outer Continental Shelf Lands Act to establish the Oil Spill Recovery Fund for payment of covered removal costs and damages described in the Oil Pollution Act of 1990 that are associated with a discharge, or substantial threat of discharge, of oil.
Prohibits any person from entering into a federal oil or gas lease or contract after enactment of this Act unless the person pays into the Fund, or posts a bond, in an amount equal to the difference between: (1) the total of the outstanding liability of the person under the Oil Pollution Act of 1990 and any removal costs incurred by or on behalf of the person, with respect to any incident for which the person has outstanding liability; and (2) the outstanding balance in the Oil Spill Liability Trust Fund that is attributable to the person.
Requires repayment of unexpended funds (plus interest) upon the earlier of either five years after amounts were paid by the person into the Fund or the date on which the Secretary determines that all federal and state natural resource damage assessments and all outstanding civil claims relating to the incident for which the amounts were paid have been satisfied.
Establishes as a separate item, for purposes of the President's budget submission, a statement that includes the estimated amount of Fund deposits, obligations, and outlays. | {"src": "billsum_train", "title": "A bill to amend the Outer Continental Shelf Lands Act to prohibit a person from entering into any Federal oil or gas lease or contract unless the person pays into an Oil Spill Recovery Fund, or posts a bond, in an amount equal to the total of the outstanding liability of the person and any removal costs incurred by, or on behalf of, the person with respect to any oil discharge for which the person has outstanding liability, and for other purposes."} | 2,415 | 290 | 0.584927 | 1.994271 | 0.672195 | 4.638132 | 8.735409 | 0.92607 |
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